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HomeMy WebLinkAboutPYROTECHNICO - CONTRACT - BID - 5245 4TH OF JULY FIREWORKSSERVICES 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 S Vitale Pyrotechnic Ind Inc /Pyrotenico 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 nine (9) pages, and incorporated herein by this reference 2 Contract Period This Agreement shall commence April 1, 1998, and shall continue in full force and effect until March 31, 1999, unless sooner terminated as herein provided In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end 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 SA 10/97 1 l0 1 j,C I 0 SPECIAL ENTERTAINMENT PRESENTATION CITY OF FORT COLLINS FORT COLLINS, COLORADO JULY 4, 1998 $13,500.00 AERIAL DISPLAY OPENING BARRAGE 60 - 3" Assorted Color Starlite Shells 20 - 3" Salutes THREE INCH SHELLS 10 - Starlite Shells 10 - Red Starlite Shells 10 - Blue Starlite Shells 10 - Green Starlite Shells 10 - Purple Starlite Shells 10 - Gold Starlite Shells 10 - Variegated Starlite Shells 10 - Fancy Flitter Shells 10 - Snapdragon Shells 10 - Shrieking Whistle Shells 10 - White Spiderweb Shells 10 - Tourbillion Shells 10- Golden Glitter Shells 10 - Blue Pearl Shells 10 - Red Gainboge to Blue Chrysanthemum Shells 10 - Glittering Silver to Variegated Chrysanthemum Shells 10 - Red and Blue Peony with Tail Shells 10 - Golden Waves to Blue Chrysanthemum Shells 10 - Silver to Green Surf Shells 10 - White Twinkling with Tail Shells 10 - Red to White to Blue Color Changing Chrysanthemum Shells 5 R0T ID THREE INCH SHELL CONTINUED 10 - Yellow Peony with Red Heart and Rising silver Tail Shells 10 - Golden Spiderweb Shells 10 - Blue Starlite Shells 10 - Fancy Gold Flitter Shell 10 - Golden Willow Shell 10 - Purple Star Shell 10 - Hummingbird Shell 10 - Gold Star and Shrieking Whistle Shell 10 - Artillery Shell 10 - Golden Kamuro Shell 10 - Green Peony with Red Heart Shell 10 - Glittering Tiger Tail Shell 10 - Color Ring with Crackling Pistil Shell 10 - Silver Surf to Red Shell 10 - Purple Peony with Tail Shell 10 - Green Palm Tree with Rising Tail Shell 10 - Red Peony with blue Pistil Shell 10 - Blue and Yellow Ring Shell 10 - Purple to White Color Changing Chrysanthemum Shell 30 - Gold Stickless Rockets FOUR INCH SHELLS 6 - Orange Magnesium Shells 6 - Variegated Starlite Shells 6 - Red, White and Blue Flitter Shells 6 - Red Palm Tree with Tail Shells 6 - Meteor Shells 6 - Blue Peony with Red Pistil and Rising Flower Shells 6 - Red Gamboge to Blue to Red with Silver Pistil Shells 6 - Half and Half Peony with Two Color Pistil Shells 6 - Gold Waves to Variegated Chrysanthemum with Rising Tail Shells 6 - White Chrysanthemum with Red Pistil and Rising Tail Shells 6 - Dahlia with Crackling Center Shells 6 - Jumping Stars with Tail Shells 0 P y 0 FOUR INCH SHELLS CONTINUED 6 - Silver Peony Shells 6 - Yellow Peony Shells 6 - Gold Palm Tree Shells 6 - Purple Palm Tree Shells 6- Green Palm Tree Shells 6 - Red Palm Tree Shells 6 - Blue Palm Tree Shells 6 - Heart Pattern Shells 6 - Star Pattern Shells 6 - Yellow Peony with Red Heart Shells 6 - Red Chrysanthemum to Blue Shells 6 - Red, White and Blue Shells 6 - Whistle Shells 6 - Serpent Shells 6 - Tourbillion Shells 6 - Variegated Star Shells 6 - Blue to Red to Green Chrysanthemum 6 - Gold Kamoro Shells 6 - Blue Willow Shells 6 - Purple Peony with Rising Silver Tail Shells 6 - Green Peony with Red Heart Shells 1 S - Brocade Diadem Shells 12 -Heavy Reports LOW LEVEL PRESENTATIONS 4 - 2 1 /2" 36 Shot Boxed Finales 4 - 3" 36 Shot Boxed Finales *2 - 108 Shot Diamonds in the Sky Repeating Cakes *2 - 104 Shot Blue Spider Repeating Cakes *2 - 150 Shot Crackling Crossette Repeating cakes *2 - 150 Shot Red Crossette Repeating Cakes *2 - 150 Shot White Dove with Whistles Repeating Cakes *2 - 300 Shot Purple Waves Repeating Cakes *2 - 300 Shot Yellow Waves Repeating Cakes *2 - 300 Shot Silver Chrysanthemum Reapeatmg Cakes *2 - 104 Shot Poison Spider Repeating cakes * Diameters Range From I.5" to 2 25" 7 I yR 0 T ' GRAND FINALE 200 - 3" Assorted Color Shells 100 - 3" Titanium Salute Shells 72 - 4" Assorted Color Starlite Shells 36 - 4" Titanium Salutes J CO RECAP OPENING 3" Shells - 80 MAIN BODY 3" - Shells - 400 4" - Shells - 228 Low Level Presentations 2.5" Shells - 144 3" Shells - 144 1.5" to 2.25" Shots - 62456 Finale 3" Shells - 300 4" Shells - 108 9 Ala r�0-1W: 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 It 0) 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 $1,000,000 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 ACORD. CERTiFICAIMaF LIABILITY INSURA*,E Pv%DD/YY) PRODUCER 216-248-4711 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Britton -Gallagher & Assoc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6240 SOM Center Rd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Cleveland, OH 441 39-2985 COMPANIES AFFORDING COVERAGE COMPANY A Nobel Insurance Company INSURED Pyrotecnl0o COMPANY B American International COMPANY P O Box 149 New Castle PA 16103 C COMPANY D COVERAGES 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 CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DDIYYI POLICY EXPIRATION DATE IMM/DD/YYI LIMITS A GENERAL LIABILITY EXPA000606 3/29/98 3/29/99 GENERALAGGREGATE S 2000000 X PRODUCTS COMP/OP AGO 5 2000000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1K OCCUR PERSONAL& ADV INJURY S i000000 EACH OCCURRENCE 5 1000000 OWNER'S & CONTRACTOR S PROT FIRE DAMAGE (Any one Ive) 9 500000 j MED EXP (Any one parson) $ 5000 A AUTOMOBILE LIABILITY ANY AUTO EXPA000605 3/29/98 i 3/29/99 COMBINED SINGLE LIMIT $ 1000000 X BODILY INJURY MP , person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY IPe,.... d.ntl $ HIRED AUTOS NON OWNED AUTOS X I PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 5 OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT S i AGGREGATE S A EXCESS LIABILITY EXPA000607 3/29198 3/29/99 EACH OCCURRENCE $ 4000000 AGGREGATE $ 4000000 UMBRELLA FORM $ X OTHER THAN UMBRELLA FORM B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 4770482 5/27/97 5127/98 OR V STLIMITS ATU OTH RER EL EACH ACCIDENT S 100000 EL DISEASE POLICY LIMIT S 500000 THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE EL DISEASE EA EMPLOYEE S 100000 OFFICERS ARE EXCL OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS Fireworks Display- July 4, 1998 Location: Fort Collins - West Side of Sheldon Lake in City Park Additional Insured: City of Fort Collins CERTIFICATE HOLDER • - CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Fort Collins EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 256 West Mountain Avenue 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT P.O. Box 580 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Fort Collins, CO 80522-0580 IIIN�D�/BjNUPOONTHE COMPANY ITS AGENTS OR OF AN�YL I q�KK JREPRESENTATIVES AUT E • R S TA/IVE a ACORO 2S-S I i t98S 2- 4D o ACORD CORPORATION i 988 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 prepaid and sent to the following addresses City City of Fort Collins, Parks P O Box 580 Ft Collins, CO 80522 Attn Bob Loeven Service Provider Pyrotecnico P O Box 22582 Denver, CO 80222 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, the sum of Thirteen Thousand Five Hundred Dollars ($13,500 00) 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 SA 10/97 2 l 2 M 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 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 SA 10/97 Elf 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 often (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 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, SA 10/97 4 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, 256 West Mountain Avenue, Fort Collins, Colorado 80521 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 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 ATTESTtillml/ 6 yo) CORPORAJTE SECRETARY SA 10/97 CITY OF FORT COLLINS, COLORADO a municipal corporation �_ I By (D'/ `2,-4 Jar' es O'Neill II, CPPO Di r of Purchasing anfl-I`Jisk Management Date tll SS Vit9l Pyrotech'6 c Ind l6c7Pyrotegico Y PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date aluLl ), leiei,p (('-orporate Seal) J EXHIBIT A SCOPE OF WORK Specifications 1 Weather Conditions The fireworks display, shall be ready to start on July 4th at 9 30 p m and last for a duration of twenty minutes, provided the weather permits a display It is mutually understood and agreed, that should inclement weather prevent the display on July 4th, a meeting with the City representative and the contractor will be held to discuss the postponement dates It is agreed and understood by the City and the contractor that in the event the fireworks have been taken out and set up before the inclement weather prevails, then such exhibitions of fireworks must be carried out in the best possible manner without any deductions from the compensation due the contractor 2 Contractor's Personnel The contractor shall furnish trained personnel authorized to serve as their agents in presenting the fireworks displays, The Contractor shall furnish a crew of adequate size trained in the presentation of fireworks displays to perform all duties necessary for the set up, presentation, and clean up of the fireworks display The Contractor shall appoint a crew foreman, who shall be duly authorized to serve as their agent and make any decision necessary during the set up, presentation, and clean up of the fireworks display The crew shall arrive at least thirty-six (36) hours prior to the event The Park Supervisor, Bob Loeven, shall be contacted at least forty-five (45) days prior to the event with the name of the pyrotechnician responsible for shooting the show Further, it shall be the responsibility of the pyrotechnician to contact the Park Supervisor at least thirty (30) days prior to the event to discuss any issues that need to be finalized 3 Shooting Site The show will be shot from a peninsula on the west side of Sheldon Lake in City Park The peninsula is 42' x 69' in size The closest building is the fire station at 317 S Bryan, 200' away This site allows for a 300' minimum distance to the spectators 4 City Provisions If the contractor gives the City 10 days prior written notice, the City of Fort Collins will provide 12 yards of sand and will dig an appropriately sized trench for the placement of larger mortars The City will not provide any other labor, material, or equipment for this protect unless specifically noted herein 5 Police Protection and Permits The City will provide police barricades for the area The contractor must obtain a Public Display of Fireworks Permit and adhere to the Uniform Fire Code 1991 or current issue and NFPA 1123 6 City Representative The City hereby appoints the Poudre Fire Authority designate as its representative The city representative will coordinate with the contractor and the City The City representative will be the final safety authority as to whether the show may be shot and may stop the show if, in his opinion, the safety of citizens and or the shooters is jeopardized 7 Safety The show must be a completely electronically shot show The shooter must beat least 100' from the mortars while the show is shot Only one shell per mortar tube will be allowed No reloading of tubes will be allowed Final mortar tube adjustment for wind direction will be made 30 minutes prior to the start of the show No one other than the contractor will be allowed to handle the shells Shooters should wear protective clothing, ie Nomexjumpsuit, or other suitable protective wear No nylon clothing will be allowed 8 Set Up The display needs to be completely set up, tested, and inspected at least three (3) hours prior to the scheduled commencement time of 9 30 p m The motor tubes must be set, backfilled, and ready for inspection twenty-four (24) hours prior to the scheduled commencement time 9 Clean-up The contractor will be responsible for cleanup and policing of the shooting site including the removal of all unexploded fireworks, removal of frames, mortars and other debris left as a result of the shooting of the fireworks display The City of Fort Collins personnel will refill holes and distribute sand 10 Insurance The contractor shall maintain the statutory Worker's Compensation Insurance, and in addition, Employer's Liability Insurance in an amount not less than $1,000,000 for each occurrence for all of its employees to be engaged in work on the project under this agreement In case any such work is sublet, the contractor shall require the subcontractor similarly to provide Worker's compensation Insurance and Employer's Liability Insurance for all of the latter's employees to be engaged in such work The Contractor shall maintain during the agreement such general liability and automobile liability insurance as will provide coverage for claims for damages for personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from performance of this agreement Coverage for property damage shall be on a "broad form" basis The amount of insurance to be provided shall not be less than $1,000,000 combined single limits for bodily injury and property damage 11 Reference The contractor shall provide three references for similarly shot fireworks displays The City reserves the right to reject the bid of contractors whose references reveal poor quality performance and presentation of fireworks displays furnished to clients in previous years 12 Bid Award A committee of City personnel will review the bids with award to be based on the best value display considering cost and attractiveness of the display in the sole opinion of the committee and the best interests of the City 13 Contract Period This Agreement shall commence April 1, 1998, and shall continue in full force and effect until March 31, 1999, unless sooner terminated as herein provided In addition, at the option of the City, the Agreement may be extended for additional one (1) year periods not to exceed four (4) additional one (1) year periods Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90 days), of each renewal period 14 Budaet and Show Content The budget for past years has been $12,000 per year The 1998 budget is approximately $12,000 to $14,000 This budget number is not guaranteed and may increase or decrease this year and renewed years Contractor must provide a detailed description of the types of shells and display arrangement of the proposed show with the bid If possible, contractor shall provide a video tape of past performances being similar in size and cost The fireworks display show must truly be the highlight of our 4th of July celebration 15 Misfires A penalty of $20 00 per shell shall be assessed for each misfire over a total of 10% of the total number of shells for the entire show The Poudre Fire Authority designate will perform an inspection at the completion of the show, and prior to clean up, to assure adherence to this clause This penalty shall be deducted from the final payment due the Contractor 3 6 OPOSAL CITY OF FORT COLLINS FORT COLLINS, COLORADO JULY 47 1998 $13,500.00 AERIAL DISPLAY PRESENTATION SPECIAL ENTERTAINMENT PRESENTATION THIS PRODUCTION INCLUDES: 6'' All Necessary Insurances to include- Five Million Dollar General Liability Insurance, Five Million in Commerical Transportation Insurance, and State Worker's Compensation. Our Trained Technicians to Produce The Display. All Transportation and Delivery Costs. Transportation provided by our Commercially Licensed Drivers 6` All Materials and Equipment to Fire the Display 6-' All Necessary Safety Precautions to Provide a Safe and Spectacular Display. Assistance with Local and State Fireworks Display Permits. �' A Highly Choreographed Display Design. dy' The Widest Variety of Top Quality Shells and Special Effects from around the Globe, that includes our Own American Products. NEW CASTLE, PA "Fireworks Capital of America " P O Box 149 • New Castle, PA 16103 412/652-9555 • 800/854-4705 • FAX 412/652-1288 N