Loading...
Service Solicited - 2019 - YESCO - Signage for 175 Mission Drive yEsca • Agreement For Work At Billing Address Account Executive City of Eagle City of Eagle 003863 Eric R Williams 175 Mission Dr 660 Civic Ln YESCO-Boise Eagle ID 83616-5037 Eagle ID 83616-6833 416 East 41st Street United States United States Boise ID 83714 United States Date Project Number Project Description Terms Pricing Valid Until Deposit 10/31/2019 PRY-20618 The City of Eagle,The Landing Project Net 30 11/30/2019 $2,676.86 Amount Scope YESCO to perform the following work per print#0 PY-27123: A.Remove and dispose of the existing double faced internally illuminated cabinet and all mounting hardware. B.Fabricate and install a new support frame that will be constructed out of 2"aluminum square tube that will be painted semi gloss black. New frame to mount to the existing brick structure. C.Fabricate and install four each 1/8"thick aluminum panels as shown on prints. Two panels to be painted burgundy with white copy reading"The City of Eagle"and be mounted to the top portion of the new frame work. Two panels to be painted dark green with white copy reading"Museum of History and Preservation,Eagle Landing and Parks and Recreation" Panels to be mounted to the lower portion of the new frame work. Customer to supply external illumination as needed,this is not included in YESCO's scope of work. Permits,wet stamped engineering, special inspections to be billed on a separate work order and are not included in this agreement. Sign Sales&Services-Taxable $3,662.00 Material Sign Sales&Services-Non-taxable $1,472.00 Labor Payment Terms 50%due upon acceptance of agreement. Balance due within(30)days of completion of installation. Subtotal $5,134.00 Tax(%) $0.00 Total $5,134.00 Agreement Acceptance YESCO's Standard Terms and Conditions, available below and at www.vesco.com/terms/standardtermsandconditions.odf,are an integral part of this agreement and are incorporated by reference. City of Eagle acknowledges that it has accessed and reviewed the Standard Terms and Conditions. Upon acceptance by an authorized agent of YESCO LLC,this agreement becomes effective as of the last date signed below. This document is a complete integration and final expression of the agreement between the parties, and may not be amended, supplemented, or otherwise modified except by written agreement executed by authorized representatives of each. City of Eagle YESCO LLC Signature I 6 Signature Title VIN/1 Title Name l Name Date Signed //// Date Signed � Standard Terms and Conditions 1. Terms:The terms and conditions described in this document are incorporated by reference but unpaid amounts,and 2)all unbilled remaining amounts and other payments owed to YESCO into a written estimate,quotation,proposal,agreement,order,or other transaction form("Trans- pursuant to any other agreement between you and YESCO or any of YESCO's affiliates.You agree action Document")(together with these YESCO Standard Terms and Conditions,the "Agree- that these remedies for default are fair and reasonable compensation for the damage to YESCO ment"),and pertain to the manufacturing,repair,service,installation,or other goods or services resulting from your breach,and are not a penalty.YESCO's acceptance of a late payment(s)or provided by YESCO(the"Work", goods,and/or"services")as requested by you,the Customer, forbearance of any other event of default shall not operate as a waiver of YESCO's rights as to any as further described in the Transaction Document."YESCO"refers to the entity providing the subsequent late payment(s)or any other event of default. Work,as identified in the applicable Transaction Document,or in the absence thereof,YESCO 12.Repossession:If you fail to make any payment when due or otherwise default in any of your LLC,a Utah limited liability company,doing business in California as YESCO Signs LLC. obligations in this Agreement,YESCO may terminate this Agreement and may(but has no obli- 2. Pricing Exclusions:YESCO's pricing does not include sales and use taxes,tariffs,customs gation to)repossess the goods or any component(s)thereof,without resort to judicial process, fees,duties,or other charges levied by customs or taxing authorities,including any material cost and without liability for trespass.YESCO's right of repossession includes the right to remove the increases due to the escalation of any of these costs("Assessments").Assessments may be goods,and also to disconnect or otherwise render the goods unusable.Repossession is not an noted in the Transaction Document;however,they are only estimates.You agree to pay the actual acceptance of your surrender of the goods,and shall not require patching painting,touch up, cost for these Assessments as invoiced by YESCO.You agree to bear the risk of Assessment etc.afterwards.YESCO's rights of termination and repossession shall be in addition to and not increases in excess of the amounts included in the Transaction Document,including increases as an alternative to YESCO's right to its other remedies in this Agreement and any other remedy due to changes in sales tax rates,tariff increases,or similar occurrences. available at law or in equity. 3. Payment:In the absence of specified payment terms in the Transaction Document,you agree 13.Indemnification:Except to the extent of YESCO's negligence or willful misconduct,you agree to pay 50%of the purchase price upon signing this Agreement and to pay the remaining balance to indemnify,defend,and hold harmless YESCO and its officers,directors,employees,agents,and upon completion of the Work.You agree to pay monthly payments,if any,on the first business day subcontractors from any and all claims,costs,expenses(including reasonable attorney's fees), of each month in advance.If you choose to make payment(s)by credit card,you agree to pay a damages,and liabilities,at law or in equity arising out of or related to the Work.The provisions of 2%surcharge on the total amount of such payment(s). this paragraph shall survive the completion of the Work and/or the termination of the Agreement. 4. Inspection:You must carefully inspect the Work within ten calendar days after delivery.If the 14.Disputes:The parties agree to use good faith efforts to resolve any claims or disputes that may Work does not meet the written requirements as the described in the Transaction Document, arise.If unsuccessful for any reason,at YESCO's sole option and upon YESCO's written notice to or if the Work has any defect in manufacture,installation,or operation,you must give YESCO you,such claims or disputes may be submitted to formal mediation,with each party to pay one- written notice of the nonconformance or defect claimed within five calendar days.ABSENCE OF half of the costs.In the event of litigation,venue of any action shall be in Salt Lake County,State SUCH WRITTEN NOTICE SHALL BE CONCLUSIVE EVIDENCE THAT THE WORK IS ACCEPTABLE of Utah.This Agreement shall be governed and construed in accordance with Utah law,without TO YOU AS DELIVERED.If a third-party carrier delivers any goods,you must inspect the goods regard to its conflict of laws provisions.YESCO shall not be liable for special,indirect,incidental and promptly notify YESCO and the carrier if any damage exists before moving the goods from the or consequential damages,including lost profits,irrespective of cause or theory.If YESCO places place of delivery.If damage exists,you must retain the packing materials and otherwise comply this Agreement with a collection agency or an attorney for collection or enforcement,you must with all requirements necessary to preserve all claims against the carrier.If you or your agent pay all costs and expenses resulting therefrom,including reasonable attorneys'fees. moves the goods before inspecting the goods,accept the goods in a damaged condition,or oth- 15.Possession,Transfers,and Assignment Until your obligations herein are fully satisfied,you erwise fail to comply with the requirements of this paragraph,YESCO shall have no responsibility must keep any goods in your sole possession and control,and will not allow the goods to be modi- for defects notwithstanding the warranty set forth below. fied,relocated,removed,or otherwise tampered with in any way without YESCO's prior written 5. Installation:If the Work involves installation of goods,additional work beyond that contem- consent.If you determine to sell or otherwise transfer ownership(or other rights)to your busi- plated in the Agreement will be required if YESCO encounters subsurface or concealed condi- ness assets,the Work,or the real property on which any goods are located,you agree to deliver tions which are extraordinary or unexpected such as subsurface water,caliche,rock,utilities,or to YESCO written notice of such intention at least 30 days prior to closing.At the time of closing pipelines.You must compensate YESCO for such additional work on a time and materials basis and with proceeds therefrom,you agree to pay to YESCO all amounts then outstanding and all at YESCO's standard rates.Further,YESCO shall not be responsible for damage to underground unbilled remaining amounts owed to YESCO,unless YESCO has previously agreed in writing to pipes,sewer lines,sprinkling systems,or any other underground obstructions unless notified of your assignment of this Agreement.All the terms and conditions hereof shall be binding upon and them in writing prior to commencement of the Work.Absent such written notification,you agree inure to the benefit of the successors,assigns,and legal representatives of the respective par- to pay for any resulting damage.YESCO is not an Exterior Insulation and Finish System("EIFS") ties,including,if applicable,successors to your interest in the Work,the real property upon which contractor,and if YESCO's responsibilities hereunder involve penetrations of EIFS,YESCO will any goods are located,and any successor owners of interests in any of your business assets.You seal such penetrations with products and procedures that are common in the sign industry—but may transfer your interests,rights,and obligations in this Agreement only upon the prior written which may not meet EIFS warranty requirements.YESCO shall thereafter have no responsibility consent of YESCO.YESCO may assign its interests,rights,and obligations in this Agreement as for damage resulting from the penetrations. may be expedient to perform the Work. 6. Limited Warranty: 16.Your Special Duties:You agree to warrant and obtain and maintain all necessary access A.New Signs,Lighting,and other Manufactured Products.YESCO warrants that goods and rights(including computer access,if necessary)for YESCO to safely perform the Work on the services provided by YESCO(other than electronic displays and digitally-controlled lighting premises for which the Work is ordered,and to disconnect,render unusable,and/or remove products)will be free from material defects in workmanship and materials for a period of one the Work,or any component or part thereof,free and clear of lien,encumbrance,or claim of year from the date of delivery.This includes materials and factory labor.On-site labor is includ- trespass.You agree to indemnify YESCO against and hold YESCO harmless from damage or ex- ed only where YESCO performs the installation.Upon expiration of the one-year warranty,the pense resulting from a breach of this provision.The Work excludes primary-side electrical and goods are warranted solely in accordance with the manufacturer's separate warranty,if any. communication wiring,service,controllers(e.g.,timers and photo cells),circuit breakers,and Electronic displays and digitally-controlled lighting products,related controllers,and similar fuses.At your own expense,you agree to furnish and maintain power lines,controllers,and data components are warranted solely in accordance with the manufacturer's warranty,if any. service as necessary for the performance of the goods and compliance with applicable law,and B.Service and Retrofit Services.YESCO warrants that service,repair and/or lighting retrofit agree to install the same as designated by YESCO ready and in place for connection to the goods services will be free from material defects in workmanship for a period of 90 days from the at the intended time of installation,if applicable.You must pay all charges for electrical and data completion of the repair,maintenance,and or retrofit.This includes on-site labor only;any service,if required.You agree to provide all necessary reinforcements to any previously existing goods are warranted solely in accordance with the manufacturer's warranty,if any. building,pole,base,or any other object or surface on which the goods will be installed,or which YESCO's warranties exclude damage caused by ordinary wear and tear,accident,abuse, will be utilized by YESCO in the installation or access thereof,if applicable.You agree to advise misuse,misapplication of electricity,extreme winds or rain,hail,wildlife or rodent damage,or YESCO in writing of all cellular antennas,microwave,and other equipment or hazards that may other casualty,unless the same is caused solely by YESCO.YESCO SPECIFICALLY DISCLAIMS be dangerous to workers.YESCO's performance is subject to you properly securing or otherwise ANY AND ALL OTHER WARRANTIES OF ANY TYPE,WHETHER EXPRESS OR IMPLIED,INCLUD- rendering safe all such dangers whenever YESCO's employees will be in the area. ING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF NON-INFRINGEMENT,MERCHANT- You agree to bear all permitting and other compliance costs and risks pertaining to federal,state, ABILITY OR,FITNESS FOR PURPOSE.YESCO will either repair or replace,at YESCO's election, or local laws,regulations,and ordinances or authoritative interpretations that relate to the place- any part of the goods or services that prove to be materially defective during the warranty ment,configuration,operation,and use of the goods and services.You acknowledge that outdoor period,in accordance with the terms of the above warranties. advertising laws generally prohibit advertisements that are not the principal business,products, 7. Extended Warranty:If the Work expressly includes an extended warranty for the recurring services,or activities where the advertisement is located.You agree to be solely be responsible maintenance,service,or repair of goods over a term for a one-time,up-front payment or periodic for the procurement of outdoor advertising permits(if desired)and compliance with outdoor payments over term,the provisions of this paragraph will apply.So long as your payment obliga- advertising laws.You acknowledge and agree that your rights,whether arising under contract, tions are current,and you are not in default to YESCO or any YESCO affiliate under any agreement permit from a land use authority,or otherwise,to install or operate the Work may be or become (e.g.,a lease agreement),including this Agreement,YESCO agrees to service the goods only as subject to revocation,limitation,suspension,condemnation,modification,restriction,or adverse described in the Work.When the goods require service,you agree to notify YESCO in writing,and interpretation by judicial,governmental agency,or other third party action.Upon the occurrence YESCO shall,if practicable(e.g.,parts are immediately available)and unless otherwise provided and during the pendency of any such event,you will not be released from your payment obliga- in this Agreement,acknowledge the request within five business days.YESCO's extended war- tions under this Agreement. ranty obligations are inapplicable to damage for the same exclusions set forth in the limited war- 17.Miscellaneous Provisions: ranty above,unless and to the extent the same is caused by YESCO.In the event that parts or ma- A. No statement made by YESCO's account executive(s)will be binding on YESCO unless incor- terials become unavailable or in the event the goods or any components are or become unusually porated in this Agreement in writing.Although the Agreement may be signed by YESCO's account difficult or unsafe to access,YESCO may cancel its extended warranty obligations with respect executive(s),the Agreement shall not be binding upon YESCO for any purpose until an executive to the affected goods or components and your exclusive remedy is for YESCO to proportionately officer or another authorized agent of YESCO accepts this Agreement by providing a written sig- credit any up-front payment or proportionately credit your periodic payment for the same.In the nature evidencing such acceptance on the applicable Transaction Document. event that service is performed by a third party without the authorization of YESCO,YESCO may,at its option,suspend or terminate its extended warranty or service obligations without any credit to B. Time is of the essence.All past due amounts shall bear an annual interest rate of the lesser of any up-front payment or reduction to any periodic payment upon written notice to you. 18%percent or the maximum rate allowed by law. 8. Risk of Loss,Damage or Destruction;Insurance:Except to the extent of damage caused by C. Performance by YESCO shall be subject to delay by strikes,breakage,fires,unforeseen corn- the negligent or otherwise wrongful acts of YESCO,you bear all risk of loss or damage to any mercial delays,insurrections,wars,acts of terror,acts of God,governmental regulations,or other goods,including,without limitation,loss or damage caused by seizure,casualty,vandalism,ter- causes beyond YESCO's reasonable control. rorism,accident,theft,riot,strike,insurrection,war,fire,and acts of God.Any shipments are FOB D. YESCO shall not be responsible for radio or television interference,nor for the replacement YESCO.Until your obligations are fully satisfied,at your sole cost and expense,you must insure of light emitting diodes,neon tubing or other tubing because of color change or reduction of any goods against loss or damage at least in the amount owed to YESCO for the Work,and you brilliance. must name YESCO as loss payee with respect to such insurance. E. YESCO's listing of contractor's licenses available on the Internet at http://www.yesco.com/ 9. Liens and Taxes:Until your obligations are fully satisfied,at your sole cost and expense you licenses.html is incorporated by reference herein. must maintain the Work free and clear of all levies,liens,and encumbrances.You must declare F. If any part of this Agreement is found invalid or unenforceable,that part will be amended to as required,and pay when due all taxes,fees,assessments,charges,and all associated penal- achieve as nearly as possible the intent and economic effect of the original provision to the full- ties and interest(collectively"Assessments").If YESCO,at its option,pays any Assessments,you est extent permitted by law,and the remaining provisions shall continue in full force and effect. must immediately reimburse YESCO for the same. G. Except for original works created by you or your agents,all designs,animations,or other ad- 10.Security Interest Until your obligations are fully satisfied,you agree that the Work and related vertising content(collectively,"Content')provided by YESCO is the sole property of YESCO.You goods are YESCO's property,free of any ownership claim by you,the owner of any adjacent realty, warrant that you have the full legal right to use any original works created by you and delivered or the creditors of either.To secure the performance of your obligations,including,without limita- to YESCO by you for your use.You are granted a non-exclusive,non-transferable license to use tion your payment obligations,you grant to YESCO a security interest in the goods and permission the YESCO-owned Content for so long as you operate your business.You agree to not create to perfect,assign,amend,continue,and terminate the security interest in any way allowed by derivative works of the YESCO-owned Content.YESCO may reject any request for Content that applicable law,both as to personal property and as to fixtures. YESCO determines may reflect adversely on the character,integrity,or standing of any person 11.Default If you default in the payment of any amount when due,or fail to perform any other or business. obligation in this Agreement after delivery of the Work or after YESCO is ready to perform the This Agreement is a complete integration and final expression of the agreement between the Work,whichever first occurs,or if at any time bankruptcy,receivership,or other insolvency pro- parties,and may not be amended,supplemented,or otherwise modified except by written ceedings are commenced by or against you or any guarantor,you will,without notice,become agreement executed by authorized representatives of each. obligated to immediately pay to YESCO an amount equal to the sum of 1)all previously billed http://www.yesco.com/terms/standardtermsandconditions.pdf 8-5-19-1 ©2012-2019 by YESCO Administration LLC.All rights reserved. YESCO, Invoice Bill To Ship To Remit To City of Eagle City of Eagle YESCO-Boise 660 Civic Ln 175 Mission Dr 416 East 41st Street Eagle ID 83616-6833 Eagle ID 83616-5037 Boise ID 83714 United States United States United States Project Number Terms Account Executive PRY-20618 DUE UPON ACCEPTANCE 003863 Eric R Williams Amount Down Payment Invoice for 50%(Prefunding) $2,676.86 Total $2,676.86 ACH Payment Authorization By completing your ACH information below,you authorize YESCO to withdraw all payment(s)pursuant to the Agreement on the applicable due date (s)from Customer's depository account as described below.Written revocation of this authorization must be received by YESCO with at least 30 days prior notice. Name on Bank Account Name of Bank Checking �/ Savings Bank Account Number Routing Number Bank City and State E-mail Address for Receipt Phone Authorized Signature Date FABRICATION SPECIFICATIONS 12'.7" _ A PANEL TYPE ALUMINUM 11'•9" 1_1/8" ■ 'THICKNESS •li ! PAINT COLOR BURGUNDY TBD 4'-5" YViNYL `7725.10 WHITE, -- " 1_ 7725-105 HARVEST GOLD YESCO B FRAMETYPE ALUMINUM(SEE SECTION DETAIL) PAINT COLOR BLACK Northwest 13 C PANEL TYPE ALUMINUM" - 1111:CITY()F _.. ; Region THICKNESSIIIIII Ill A 13 118 PAINT COLOR DARK GREEN TBD 'VINYL 7725 UO WHITE, BQ1Se [MIIMEMM NM\ ...AM 111111 7725-105 HARVEST GOLD 116 East 41st Street II Boise,10 8371.1 208.345-2982 SCOPE OF WORK: IVIu s e u m REMOVE AND DISCARD EXISTING SIGN.-v- � Eagle Parks and MANUFACTURE AND INSTALL DIF DISPLAY ON EXISTING BRICK BASE • C 1.(taw..N'at nested la am!Ya4M aDj rs4alv:q ow ptopota:1?.0 otop,+al ow N st o r 1`,and 1 d hcrr!n me I.,:apex,cl VIVO P,fame fame If.v.,•ng Landing Recreation Pr.aa „b.abt„:.d=E�a a:Tta,to Preservation CO. dr wfrmmwn vCtESCO. .•20th"sto Et.: A4..hts team. Il 1.11.IIIIIMIIIIIIII.111.1111111111=1.11.11 1111111111=1111111111111111 IIIIIIIMIIIIIIIIIIII WWWSVRSCD.Conl _--_-__--- •`0 CITY OF EAGLE e C ..,,, A 175 MISSION DR V4AC!1 S'Ail:,I: '! ' EAGLE ID 83616 A,LOT EtEI:OTIvi ERIC WILLIAMS CD GRIGINA:.1: -10.2.19 11=111111111111111111111 --C af.S:pnatore Cate IIIM DIF NON-ILLUMINATED DISPLAY SCALE '//'=l'-0" QUANTITY:1 MANUFACTURE&INSTALL 111111111111111111111111111111 118"ALUMINUM EAGLE NOTE.MISS OINERWISL NOTED Idt.I,AL CITY PANEL CHAR aR RE N FIINCLU ED CGNMITATE, ART SUPERIMPOSED ON PHOTO-SHOWN AT APPROXIMATE RELATIVE SCALE CHAHOFS ARE NUT WIRED I HOOT N�TEO "... GISPLA�S HILL ds WlREO filF I10 YOIT PUMA ONLESa U 1 HiHWiSE:NUR,I iD 2"X 2"ALUMINUM SO TUBE •' _,, t.,,,C.,f,4.11:it NI,.60k.tI,I...K):1,0,4FE FRAME , - x'' VOLTS AMPS 1 \\,‘, \ *; 4, ,s k' y ` in t-0 0 TESCO IS A UE RECOGNIZED 1111.1111111.1111111111111 • 11016.\\ r MANOFAtTORER•►.WI+:` `�' .IEw•-. yii'#' i } THIS SIGN:S:NTFNDED 10 EF ikSIALLED IN ... '+ '- f 1 '-+;:+ AfLORDANLE sMIIN THE REOOIRIMFNTs Of � �R rr r r i t t r)+ r 1...a�f ART LE rOD OF THE NATIONAL ELECTRICAL CODE +''�-' AND OR OTHER Af REICAG,E RAI CDOfS INIS �, �-...• 'lam"�l7 iN;iOD1S PREP IR GROUND,AND GDNOING .iii MEI .*s:...:x - - = Museum, DATE, DM.ROISIDN D ?� I e Eagle Parks and - " History.,,,,i ' _. r-,..,-, v Landing Recreation _ ' -_ i _ Preservation . , 111, •,�/�rmisi J�sst,.-:.A.;.`...MIN a—+rMl •m•--milfA dl AMMM Vii! _. , 1"X 1"ALUMINUM SO TUBE ! R I 1 , :t STRINGERS _ _ --118"ALUMINUM SIGN FACE _ x t_rte. t_ __--' ) _ t 1__ �---- ------- +6► T _ - ,- T-I r 1 t 1 l_T I "F + /1----- •Y .. • — . • " ' -..-:,-.. : • ,' r.�r + 1:'''.,,,::,,.. I 3-`> +:s tt'...424,4'..;.'0,,;:•... * T' if'' 1