Loading...
HomeMy WebLinkAbout459604 SCHLOSSER SIGNS INC - CONTRACT - BID - 7502 LEE MARTINEZ PARK ENTRY SIGNSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Schlosser Signs, Inc., hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within fourteen (14) calendar days following execution of this Agreement. Services shall be completed no later than August 1, 2013. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Delay, If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage Services Agreement Page 1 of 10 Services Agreement Page 10 of 10 OP ID: LD 14 �R� CERTIFICATE OF LIABILITY INSURANCE —DATE 06/28/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 970-482.7747 4532B & BfOWO Inc Fax: 970-484-4165 4532 Boardwalk Dr, Suite 20O Fort Collins, CO 80525 Sharpe M Jamsay CONTACT NAMEBrow: PHONE FAX _(A/C No Eel: NC N.: E-MAIL ADDREss:jwagner@bbcolorado.com PRODUCER SCHLO-1 CUSTOMERID, INSURER(S) AFFORDING COVERAGE NAIC0 INSURED Schlosser Signs INSURER A:WestfleldlnsUranCeCOmpany 24112 3597 Loveland, CO 80536 Draft Horse Court Love INSURER B: Pinnacol Assurance Company 41190 INSURER C: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR pDOLSUB POLICYEFF POLICY E%P LTR TYPE OF INSURANCE POLICY NUMBER MMIDDfDIYI'YY LIMITS GENERAL LIABILITY EACH OCCURRENCE 5 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE .00CUR CWP5452629 09101112 09/01113 PREMI ESOEa.�enee 5 500,00 MED EXP(Any one person) $ 15,000 PERSONAL S ADV INJURY S 1,000,00 GENERALAGGREGATE S 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I nGPECRO LOC PRODUCTS.COMP,OP AGO S 2,000,00 S A AUTOMOBILE LIABILITY ANY AUTO CWP5452629 09/01/12 09101113 COMBINED SINGLE LIMIT (Ea accJdenp $ 1,000,00 X BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) S SCHEDULEDAUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) S S NON OV ED AUTOS S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00 AGGREGATE g 5,000,00 A E%CESS LIAB CI-AIMS-MADECWP5452629 09I01112 09IOtH3 HX DEDUCTIBLE $ 5 RETENTION S 10,000 B WORKERS COMPENSATION LITY YIN ANDEMPLOYERS'LIABIEXECUTIVE ANY PROPRIETOR/PARTNERI. OFFICERNEMBER EXCLUDE09 ❑ NIA 4064945 09/01112 09101113 VJC STATU- OTH- X TORY LIMITSR L. EACH ACCI EDENT S 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,00 (Mandatary In NH) If as, descrcle! ibe un DESCRIPTION OF OPERATIONS Below E.L. DISEASE -POLICY LIMIT 1 $ 1,000,00 A Installation 09101/12 09101/13 100,000 Floater (CWP5452629 I ID sit DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1Adach ACORD 101, Addition.1R..A. S.H.dole, K....... la nq.sed) City of Fort Collins is included as additional insured per forms and conditions on page 2. City of Fort Collins Attn: Purchasing & Kathleen Benedict PO Box 580 Fort Collins, CO 80522 CITYFC2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE b6aa""T ©1 ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD TION. All rights reserved No Text $ 0,00 $ 5,749,25 S 0.00 $ 5,749.25 APPLICATION AND CERTIFICATION FOR PAYMENT AIA DOCUMENT G702 PAGE ONE OF PAGES TO GC: City of Fort Collins PROJECT: APPLICATION NO: Distribution to: PO Box 580 Lee Martinez Park IOWNER Fort Collins, CO 80522 nARCHITECT PERIODTO: FICONTRACTOR FROM CONTRACTOR: VIA ARCHITECT: 41445 Schlosser Signs N/A 3597 Draft Horse Ct. PROJECT NO: Loveland, CO 80538 CC CONTRACT DATE: CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document 3703, is attached. I. ORIGINAL CONTRACT SUM 2. Net change by Change Orders (Deposit) 3. CONTRACT SUM TO DATE (Line 1 + 2) 4. TOTAL COMPLETED & STORED TO DATE (Column H on 3703 ) S 22,997.03 $ (5,74925) $ 0.00 $ 5,749.25 5. RETAINAGE: a. TO %of Completed Work S 0,00 (Column D+ E on G703) b. 10% of Stored Material $ 0.00 (Column F on 5703) Total Retainage (Lines 5a + 5b or Total in Column 1 of G703) 6. TOTAL EARNED LESS RETAINAGE (Line 4 Less Line 5'1otah 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) 8. CURRENT PAYMENT DUE 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) $ 17,247,78 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner S0.00 $0.00 $o.00 $0.00 Total approved this Month $0.00 $0.00 $0,00 $0,00 TOTALS $0.00 $0,00 NET CHANGES by Change Order $0.00 The undersigned Contractor certifies that to the best of the Contractors knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONTRACTOR: \3r+ 1y Fay:0 f`u V k 'W � Date: 1 a I3 State of Colorado County of Latimer Subscribed ands rn to before my thiy Uav of. 2013 11 Notary Public: ('�� My Commission states July 13, 14 ftBLIC ELECTRONIC FORNAT-AADOCUMENT G702 APPUCATIONANOCERTIFICA KIN FOR PAYMENT 1992EMON AIA 019V THE AIAERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE. N.W., WASHINGTON. DC N St!92 Uxn may eboin valNation of Inia Eoeumem by, uesbmg a eompktN AIA [INK-1 IN01- Grttlieation or Doeume,rt'a Aultunvot, horn tM UoRvR,a. G102-1992 CONTINUATION SHEET AIA DOCUMENT G703 PAGE OF PAGES AIA Document G702, APPLICATION AND CERTIFICATION FOR PAYMENT, containing APPLICATION NO: Deposit Contractors signed certification is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. APPLICATION DATE: 28-Jun-13 PERIOD TO: Duration ARCHITECTS PROJECT NO: A B C D E F G H I J ITEM DESCRIPTION OF WORK ORIGINAL WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGE NO. GMP PRESENTLY COMPLETED (G I C) TO FINISH (IF VARIABLE FROM PREVIOUS THIS PERIOD VALUE APPLICATION STORED AND STORED tC -G) RATE) (D E) (NOT IN TO DATE D OR E) (D.E.F) Contract $22,907.03 $0.00 $5,749.25 $0.00 $5,749.25 25.10% $17,157.78 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 #DIV/01 $0.00 WOO $0.00 $0.00 $0.00 $0.00 $0.00 #DIVIO! $0,00 WOO $0,00 $0.00 $0.00 $0.00 $0,00 #DIVIO! $0.00 $0,00 SOW $0.00 $0.00 $0.00 $0.00 #DIVIO! $0.00 WOO $0.00 $0.00 $0.00 $0.00 $0.00 #DIVIO! $0.00 $0,00 $0,00 $0.00 $0.00 $0.00 $0.00 #DIV/01 $0.00 MOO $0.00 $0.00 $0.00 $0.00 MOO #DIVIO! $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 #DIVIO! $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WOO #DIVIO! $0.00 WOO $0.00 $0,00 $0.00 $0.00 $0.00 #DIV)o! $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WOO #DIV/O! $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 #DIVIO! $0.00 $0.00 $0.00 MOD $0.00 $0.00 $0.00 #DIVIO! $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 #DIVIO! $0.00 WOO $0.00 $0.00 $0.00 $0.00 $0,00 #DIV/01 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 #DIV/01 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 #DIVIO! $0.00 WOO $0.00 $0.00 $0.00 $0.00 $0.00 #DIVIO! $0.00 $0,00 Grand Totall $22,907.03 1 $0.00 $5,749.25 $0.00 $5,749.25 $17,157.78 j WOO prepaid and sent to the following addresses: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Schlosser Signs, Inc. Attn: Purchasing Attn: Kathleen Benedict Attn: Richard Birdsall PO Box 580 PO Box 580 3597 Draft Horse Court Fort Collins, CO 80522 Fort Collins, CO 80522 Loveland, CO 80538 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, twenty two thousand, nine hundred ninety seven dollars ($22,997.03) as per the attached Exhibit "A", consisting of one (1) page, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. Services Agreement Page 2 of 10 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. C. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Services Agreement Page 3 of 10 Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents Services Agreement Page 4 of 10 incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Services Agreement Page 5 of 10 Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien, except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. Services Agreement Page 6 of 10 CITY OF a municii By: Gerry 9. Paul Director of Purchasing and Risk Management Date: 7J 1(a I t j SCHLOSSER SIGNS, INC. 1 � � AD, Sc'�Af)5-�er COR ORATE PRESIDENT OR VICE PRESIDENT e Ev Date: J Loe a8 t a0L3 A (Corporate Seal) CORPORATE SECRETARY Services Agreement Page 7of10 EXHIBIT A SCOPE OF SERVICES 1. Contractor is to prepare site for new sign; landscaping; permits, and irrigation as described on plan. 2. Ensure that the landscape plan is coordinated with the plans done by other consultants so that the proposed grading, storm drainage, or other construction does not conflict nor preclude installation and maintenance of landscape elements on this plan. 3. All landscape areas within the site shall be irrigated with an automatic underground drip irrigation system. Irrigation will be provided via contractor design build coordinated with owner's rep during installation. 4. The City will supply the mulch to be used. 5. The sign shall be constructed on site and elsewhere as necessary. Contractor shall be responsible for transportation of sign to site. All travel expense is to be included in the base bid price. 6. Contractor shall verify details of project with the Owner's rep as specified. 7. Prices must include all labor, material, travel, rental, required permits, required traffic control and job -site clean-up as per the scope of services. 8. Project must be complete by August 1, 2013. 9. Award will be made to vendor with the lowest priced responsive and responsible proposal. The Base Bid is $22,997.03, of which 25% will be paid upon receipt of a signed contract and invoice. The balance will be paid in progress payments, no more than once a month upon receipt of a detailed invoice. Services Agreement Page 8 of 10 EXHIBIT B INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Services Agreement Page 9 of 10