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HomeMy WebLinkAbout213185 STAGERIGHT CORPORATION - CONTRACT - BID - 7211 ORCHESTRA SHELL AT THE LINCOLN CENTERSERVICES 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 STageRight Coporation, hereinafter referred to as "Service Provider". W ITNESSETH: 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. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated on April 4, 2011. Services shall be completed no later than July 29, 2011. 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 Service Agreement Page 1 of 18 7211 Orchestra Shell at the Lincoln Center C. Statement of Compliance: Prepared by manufacturer. Statement to address 7/8" vertical offset at stage right and left transition from wood to concrete finish floor. Tower transport equipment is to be capable of easily transporting the stage towers across the offset and the stage towers are to be able to easily accommodate the offset if deployed across the offset. D. Samples: For each color and finish for acoustical shell panels. E. Maintenance Data: Include manufacturer's cleaning instructions. F. Warranty: Submit sample meeting warranty requirements of this Section. 1.6 QUALITY ASSURANCE A. Manufacturer Qualifications: Approved manufacturer listed in this section, with minimum 5 years experience in manufacture of acoustical shell components. 1. Manufacturers seeking approval must submit the following: a. Product data, including third -party certified acoustical data and proposed layout for this project. b. Samples: Submit samples of finished acoustical shell panels and hinge. C. Project references: Minimum of 5 installations not less than 3 years old, with owner contact information. d. Sample warranty. 2. Submit substitution request not less than 15 days prior to bid date. 3. Approval will be indicated by issuance of written Addendum. 4. Approved manufacturers must meet separate requirements of Submittals Article. B. Source Limitations: Obtain acoustical shell system through one source from a single approved manufacturer. C. Coordination Conference: Prior to fabrication of acoustical shells, conduct conference at project site to verify coordination requirements with work of related trades. Review acoustical shell shop drawings in reference to rigging and to adjacent or integral fire protection, plumbing, HVAC, electrical power, lighting, communication, and structural and architectural features. 1. Coordinate requirements for structural supports or pipe battens furnished under other sections and used to support acoustical shell system. 1.7 DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle acoustical shell components in accordance with component manufacturers' recommendations. Ship to jobsite only after roughing -in, painting work, and other related finish work has been completed and installation areas are ready to accept units and recommended temperature and humidity levels will be maintained during the remainder of construction. 1.8 PROJECT CONDITIONS A. Field Measurements: Verify layout and the dimensions of other construction by field measurements before fabrication and indicate measurements on Shop Drawings. Service Agreement Page 10 of 18 7211 Orchestra Shell at the Lincoln Center 1.9 WARRANTY A. Special Warranty: Manufacturer's written warranty indicating manufacturer's intent to repair or replace acoustical shell system components that fail in materials or workmanship within 5 years from date of Substantial Completion. Failures are defined to include, but are not limited to, the following: 1. Fracturing or breaking of unit components which results from normal wear and tear and normal use other than vandalism. 2. Delamination or other failures of glue bond of components. 3. Warping of components not resulting from leaks, flooding, or other uncontrolled moisture or humidity. 4. Failure of unit to perform acoustically in accordance with manufacturer's published data. PART 2-PRODUCTS 2.1 MANUFACTURERS A. Basis of Design: Acoustical shell system design is based upon product of the manufacturer below. Provide basis of design product. 1. Wenger Corporation, Owatonna, MN; Telephone: (800)4WENGER (800-493- 6437) 2. SECOA, Inc. Champlin, MN; Telephone: (763) 506-8800 3. StageRight, Clare, MI; Telephone: (800) 438-4499 2.2 MATERIALS A. Aluminum Extruded Bars, Profiles, and Tubes: ASTM B 221 (ASTM B 221 M), 6063T alloy. B. Veneer -Faced Panel Products (Hardwood Plywood): HPVA HP-1. 2.3 ACOUSTICAL SHELL PANELS A. Acoustical Shell Panels, General: Manufacturer's standard stressed -skin composite acoustical shell panels, with STC meeting performance requirements, designed to mix and blend sound and reflect a maximum range of audible frequencies to both audience and performers. 1. Core: 1-1/2 inch (38 mm) thick honeycomb, resin impregnated, bonded to frame and faces with permanent urethane adhesive. Contact cement adhesion does not meet the requirements of this specification. 2. Face: Wood Veneer -Faced Panel: 1/4 inch (6 mm) thick hardwood plywood - faced medium density fiberboard stressed skin, with no exposed fasteners. 3. Back: 3/16 inch (4 mm) thick hardboard stressed skin, painted black. 4. Panel Edge Frame: Extruded aluminum edge angle, bottom and top edge. 2.4 STAGE ACOUSTICAL SHELL SYSTEM A. Mobile Acoustical Towers: Free-standing, self-supporting, movable towers for stage back and side walls. Towers consist of acoustical shell panels in rigid, diagonally - Service Agreement Page 11 of 18 7211 Orchestra Shell at the Lincoln Center braced vertical aluminum frame with formed steel connection components, with center panel and two hinged wing panels, in nesting configuration minimizing required storage space. Wing panel on tower equipped with latching hardware and stage access door where indicated. Counterweighted tower base with adjustable front leveling pads concealed by removable access panel. 1. Tower Size: As indicated. 2. Tower Height: As indicated. Must be able to store in defined tower storage garage. Refer to drawings for information on tower storage garage. 3. Tower Panel Radius: 5 foot. 4. Tower Panel Face Finish: a. Hardwood plywood veneer: AW I Premium grade: 1) Veneer Cut: Plain Sliced, Slip -Matched and Balanced Matched. 2) Veneer Species: Red Oak. 3) Stain Formula: Sherwin Williams S64R6 Cherry. 4) Finish: Sherwin Williams Cab. 5) Acrylic Lacquer: T75XXC2183-4347 b. Trim strips between Panels: Painted color as selected by Architect. 5. Door and Wing Panel Hardware: a. Hinges: Aluminum, 6063T, with nylon insert and self-lubricating bearings, designed for silent operation, with no metal -on -metal contact, and requiring no replacement parts. b. Slide -lock mechanism and pull handle. 6. Stage Tower Transporter: Handcart with tubular steel handbar, configured to fit mobile stage tower base and enable safe movement of towers around the stage area. At stage left and right. Transporter shall easily move stage towers over the stage floor elevation change (=7/8") B. Adjustable Acoustical Shell Ceiling: Acoustical shell ceiling consisting of adjustable - angle acoustical shell ceiling panels supported by integral truss, suspended from stage rigging pipe batten, and stored in fly -loft in vertical position. 1. Ceiling Panel Size and Configuration: As indicated. 2. Ceiling Panel Radius: 10 foot. 3. Ceiling Panel Face Finish: a. Hardwood plywood veneer: AW I Premium grade:. 1) Veneer Cut: Plain Sliced, Slip -Matched and Balanced Matched. 2) Veneer Species: Red Oak. 3) Stain Formula: Sherwin Williams S64R6 Cherry. 4) Finish: Sherwin Williams Cab. 5) Acrylic Lacquer: T75XXC2183-4347 Service Agreement Page 12 of 18 7211 Orchestra Shell at the Lincoln Center 4. Panel Hinges: Aluminum, with self-lubricating bearings. C. Integrated Lighting: Manufacturer's standard UL-approved fixtures located as indicated. 1. Integral truss incorporating electrical power raceway adequate to power integrated lighting. Provide stage pin connections to connect the integrated lighting to existing on stage lighting circuits. D. Stage Rigging and Battens: Rigging and battens supporting acoustical shell ceiling are part of the work of Division 11 Section "Stage Curtains." E. Miscellaneous Supports: Rigging and battens supporting acoustical shell ceiling are part of the work of Division 11 Section "Stage Curtains." F. Acoustical Shell Ceiling Installation Accessories: 1. Shackles: Rated screw pin shackles. 2. Chain: 3/16 inch (4 mm) Grade 30 proof coil black oxide steel chain. 2.5 FINISHES A. Aluminum Framing: Mill finish. B. Transparent Wood Finish for Acoustical Shell Panel Face: Manufacturer's standard finish, comparable to AWI custom grade acrylic lacquer. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine jobsite conditions for compliance with requirements for installation tolerances, including required overhead clearances, and other existing conditions affecting installation and performance of acoustical shells. Proceed with unit installation upon correction of unsatisfactory conditions. 3.2 ACOUSTICAL SHELL TOWER INSTALLATION A. Erect acoustical shell towers in location indicated in coordination with Owner's personnel to verify components are complete and operational. B. Demount tower units following approval of assembled acoustical shell and store in location indicated. 3.3 ACOUSTICAL SHELL CEILING INSTALLATION A. Install acoustical shell ceiling units plumb, level, and true, in accordance with manufacturer's recommendations and approved submittals. Suspend from stage rigging using specified installation accessories. 1. Verify setting of units in performance and storage positions. 2. Verify adjustability of units. 3. Install and test integral lighting. Service Agreement Page 13 of 18 7211 Orchestra Shell at the Lincoln Center 3.4 CLEANING A. Clean exposed surfaces of acoustical shells. Comply with manufacturer's written instructions for cleaning and touchup of minor finish damage. B. Repair or replace defective work as directed by Architect upon inspection. 3.5 TRAINING AND DEMONSTRATION A. Train Owner's personnel to assemble, adjust, operate, and maintain acoustical shell towers and acoustical shell ceiling units. END OF SECTION 11 61 13 Service Agreement Page 14 of 18 7211 Orchestra Shell at the Lincoln Center Exhibit 2 - Alternative Finish Specified as Option #2 in Section 2.4 Please provide and add/ deduct for alternative finish specified as "Option #2" in Section 2.4 as follows: 2.4 STAGE ACOUSTICAL SHELL SYSTEM PART 1 - Mobile Acoustical Towers: Free-standing, self-supporting, movable towers for stage back and side walls. Towers consist of acoustical shell panels in rigid, diagonally -braced vertical aluminum frame with formed steel connection components, with center panel and two hinged wing panels, in nesting configuration minimizing required storage space. Wing panel on tower equipped with latching hardware and stage access door where indicated. Counterweighted tower base with adjustable front leveling pads concealed by removable access panel. 1. Tower Size: As indicated. 2. Tower Height: As indicated. Must be able to store in defined tower storage garage. Refer to drawings for information on tower storage garage. 3. Tower Panel Radius: 5 foot. 4. Tower Panel Face Finish: a. Option #1 - Hardwood plywood veneer: AWI Premium grade: 1) Veneer Cut: Plain Sliced, Slip -Matched and Balanced Matched. 2) Veneer Species: Red Oak. 3) Stain Formula: Sherwin Williams S64R6 Cherry. 4) Finish: Sherwin Williams Cab. 5) Acrylic Lacquer: T75XXC2183-4347 b. Option #2 - Plastic Laminate -Face Panel: 3/16" (4 mm) thick hardboard stressed skin, material finished as indicated, with no exposed fasteners: 1) The face side of panels is to Owner Selected WilsonArt Laminate. c. Trim strips between Panels: Painted color as selected by Architect. Service Agreement Page 15 of 18 7211 Orchestra Shell at the Lincoln Center EXHIBIT "B" CONTRACT SUM Exhibit 1 — Revised Bid Schedule 7211 Orchestra Shell BID SCHEDULE Our firm will provide one orchestra shell including shipping to site and training per specification. Award will be based on lowest responsive, responsible Lump Sum Bid that meets specification. Lump Sum Bid $ 113,958.22 In Writing One Hundred & Thirteen Thousand, Nine Hundred & Fifty Eight Dollars & Twenty Two Cents. Please provide and add/ deduct for alternative finish specified as "Option #2" in Section 2.4. Add or( educ (please circle) $ 15,072.72 FIRM NAME: STageRight Corporation ADDRESS 495 Pioneer Parkway Clare, MI 48617 PHONE/FAX 800-438-4499 / 989-386-3500 Bill Teeter a-:".,- BY: Bill Teeter Market Sales Representative (Signature) (Printed) (Title) F-MAIL ADDRESS bteeter(a)stageright.com ****NOTE: Please see attached quotation for detailed notes and deviations. Service Agreement Page 16 of 18 7211 Orchestra Shell at the Lincoln Center EXHIBIT "C" INSURANCE REQUIREMENTS 1. 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. Service Agreement Page 17 of 18 7211 Orchestra Shell at the Lincoln Center EXHIBIT "D" SPECIAL PROVISIONS CHANGE ORDER NO. PROJECT TITLE: Orchestra Shell at the Lincoln Center CONTRACTOR: STageRight Corporation PROJECT NUMBER: 7211 PURCHASE ORDER NO.: DESCRIPTION: 1. Reason for Change: _ 2. Description of Change: _ 3. Change in Contract Cost 4. Change in Contract Time ORIGINAL CONTRACT COST TOTAL APPROVED CHANGE ORDERS TOTAL PENDING CHANGE ORDERS TOTAL THIS CHANGE ORDER TOTAL % OF ORIGINAL CONTRACT, THIS C.O.: TOTAL % OF ORIGINAL CONTRACT, ALL C.O.'S ADJUSTED CONTRACT COST (Assuming all change orders approved) Agreed and accepted as of ACCEPTED BY: ACCEPTED BY: REVIEWED BY Vendor: Project Manager ritle: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $60,000 cc: Purchasing $ DATE: DATE: DATE: DATE: DATE: Service Agreement Page 18 of 18 7211 Orchestra Shell at the Lincoln Center ACORDL CERTIFICATE OF LIABILITY INSURANCE °Al11512011 4/15/2011 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MTMIC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0 Box 9150 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Farmington Hills, MI 48333-9150 1 INSURERS AFFORDING COVERAGE '. NAIC rY :._..._...____.. __._ ....__ _._......-_ INSURED ..................... _. .- . ..._._. _-. Ic;uRgRA. Manufacturing_Technology Mutual lns 1112824 STAGERIGHT CORPORATION IrIwNEH B. 495 PIONEER PARKWAY ;r.IsveERG,: CLARE, MI 48617 oISURERO'. - ......... .... ...... ......... -_ .......... COVERAGES T HE POLICIES OF INS LIRANCE LISTED BELOW I LAVE BEEN ISSUED TO THE IN SHRED NAMED ABOVE FOR 1I1E POLICY PERIOD IND[CAT CO. NOTW ITH STAN DING ANY PEOUIREMENT, TERM OR CONDITION OF ANY CONTRACr OR OTHER DO(:I)MF,NT WITH RESPECT 10 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT T'O ALL THE TERMS. EXCLUSIONS AND CON U IT IONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN5R400'L ._...__..... __. ... _. __. POLICYEFFECTIVE i POLICYE%PIRA+gN TIN h' TYPFojLum N,L VDLILY NUTAOER y AT MhN Llm_rtt i ! GENERAL LIABILITY EACHOCCURRENCE _ S_ 7 �DAMAGETD RENTED I i COMMERCIAL GENERAL LIlN31LITVI PREMISES Eaocm ) 1E CLAIMS MADE I _l OCCUR ,MEUEXF(A ymeP I%c I -- S _ 1 PEPSCMALRADVINJURY 1S _ I GENERA.AGGREGATE S GENT AGGREGATE LIMIT APPLIES PER: PRODUOTCOGPPAGG IO S PRO. __... _S-_. ..—_.__... POLICY DEC AN OMOBILELIABILRY I COMBINED SINGLE LIMIT I S _ ANY AUTO (Ea acdGeM) DOOILY INJURY - ALLOWNEDAUTOS SCHCDULEDAUTOS (Pe Nfwn) S BODILY HIREDAUTOS NON�WNEOAUTOS (Per aLpGenN ArI1) S FROPERTYDAMAG1 5 rye, aede„nel GARAGE LIABILITY I AUTOCWLY-EAACCIOENT S ANY AUTO EA ACC AUTO ONLY: AGO S E%CESSIUMBAELLA LIABILITY EACHOMJRRENCC _.. S —. OCCUR L CWMS MADE _—___ .._— AGGREGATE -__......___._-. 5 S ....___ S DEDUCTIBLE 5 REl'ENTIDN 5 WORKERS COMPENSATION AND ✓ VVC STATU OTH - 4BT1LMIiS.._f R A EMPLOYERS' LIABILITY - ELETCHACLIOENT S 1,000,000 NIYPROFRIETOILP/F%ELUINE 2011-210000 01/01/2011 01/01/2012 _.__ E.L. DISEASE -EA EMPLOYEE 51,000,00_D OFFICEMNEMBER EXCLUDED? S ECIALPROVISIROVLSIONSNdvu EL OISEABE-POLILY LIMIT I51,000,000 I OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ALL MICHIGAN LOCATIONS -BROAD STATES ENDORSEMENT APPLIES. REFERENCE PROJECT: LINCOLN CENTER, FORT COLLINS, CO 80521 OPUS II SOUND SHELL WITH TOWERS AND CEILINGS, TOWER MOVER, TRANSITION RAMP ATTN:JOHN STEPHEN CITY OF FORT COLLINS PO BOX 280 FORT COLLINS, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR CORPORATION the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins STageRight Corporation Attn: Purchasing Attn: Gina Cochran Attn: Bill Teeter PO Box 580 PO Box 580 495 Pioneer Parkway Fort Collins, CO 80522 Fort Collins, CO 80522 Clare, MI 48617 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, Lump Sum Bid $113,958.22 Deduct $ 15,072.72 Contract Sum $ 98,885.50 per the attached Exhibit "B", consisting of two (2) pages, and incorporated herein by this reference, the amount of Ninety -Eight Thousand, Eight Hundred Eighty -Five Dollars and Fifty Cents ($98,885,50). 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. Service Agreement Page 2 of 18 7211 Orchestra Shell at the Lincoln Center OP ID: JE n�C>J?fX CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODIYYYY) 04/13/11 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 616-285-9200 Edleman Insurance Agency 888-447.9276 2108 Wealthy St. BE East Grand Rapids, MI 49506 John K. Edleman, Jr. CONTACT PHONE FAX AIC No En: AIC No: E-MAIL ADDRESS: PRODUCER STAGE-2 CUSTOMER ID I. INSURER(S) AFFORDING COVERAGE NAICX INSURED StageRight Corporation INSURER A: Hartford Fire Ins. Co. 19682 Wes Parker INSURERB: Liberty Surplus Insurance Corp 10725 495 Pioneer Parkway Clare, MI48617 INSURER C: Lexington Insurance Company 19437 INSURER 0: 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 LTR rypE OF INSURANCE POLICY NUMBER POLICY EFF MMIDDrrYYY POLICY E%P MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000.000 B X COMMERCIAL GENERAL LIABILITY CLAIMS.MADE OOCCUR X EGL801888333 11/01/10 11/01111 AMA PREMISES Ea NTE13nce $ 300,000 MED EXP(Any one person) $ exc PERSONAL B AOV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMPIOP AGO $ 2,000,000 MO - POLICY n JECT I Emp Ben. $ 1,000.000 A AUTOMOBILE X LIABILITY ANY Auro X 81UUNUC8942 11/01I70 11/01111 COMBINED SINGLE OMIT (Ea accident) $ 1,000,000 90DILYINJURY(Perpersod) $ ALL OWNED AUTOS BODILY INJURY (Per acddenl) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ S NON -OWNED AUTOS X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 C EXCESS LIAR CLAIMS -MADE 00702648 11/01/10 11/01/11 DEDUCTIBLE S X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECVTIVE OFFICERIMEMBER EXCLUDED? NIA WC STATU- OTH- T M R E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYE $ (Mandatoryin NH) If yes, dewnbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Floater 81MSJV2429 11101/10 11/01/11 Rented Eq (Equipment Max/Place 100,000 PROJECT OF OPERATIONS CENTERDFORT COLL(INS NCO 80522AOPUS IIeSOUND SeH SILL WIPI'H I'ra°erred) TOWERS & CEILINGS, TOWER MOVER, TRANSITION RAMP. SEE ATTACHED NOTES AND ENDORSEMENTS: FORTCOL CITY OF FORT COLLINS JOHN STEPHEN PO BOX 280 FORT COLLINS, CO 80522 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 John K. Edleman, Jr. 91988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD No Text COMMERCIAL AUTOMOBILE HA 99 19 09 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit oflnsurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership, joint venture or limited liability company (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto' you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury' or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." © 2010, The Hartford (Includes copyrighted material Form HA 99 19 09 10 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non -Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D. - Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: © 2010, The Hartford (Includes copyrighted material Form HA 99 19 09 10 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos' are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss' to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto' you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs .an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1.000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE The exceptions to Paragraphs BA - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: a.Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto", (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. © 2010, The Hartford (Includes copyrighted material Form HA 99 19 09 10 of ISO Properties, Inc., with its permission.) Page 3 of 5 b.$1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 12. AMENDED DUTIES IN THE EVENT OF 17. EXTENDED CANCELLATION CONDITION ACCIDENT, CLAIM, SUIT OR LOSS Paragraph 2. of the COMMON POLICY The requirement in LOSS CONDITIONS 2.a. - CONDITIONS - CANCELLATION - applies DUTIES IN THE EVENT OF ACCIDENT, except as follows: © 2010, The Hartford (Includes copyrighted material Form HA 99 19 09 10 of ISO Properties, Inc., with its permission.) Page 4 of 5 If we cancel for any reason other than nonpayment of premium, we will mail notice of cancellation by registered or certified mail to the first Named Insured at least 60 days before the effective date of cancellation. 18. HYBRID PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a.lf the auto is replaced with a "hybrid" auto, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos damaged in any one "loss", the most we will pay under this Hybrid Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. © 2010, The Hartford (Includes copyrighted material Form HA 99 19 09 10 of ISO Properties, Inc., with its permission.) Page 5 of 5 _ Liberty Surlilus Insurance Commercial General Liability Corhoration- a,t,r�her��nfl .n, 1,n"a1, c—, LIBERTY SURPLUS INSURANCE CORPORATION (A New Hampshire SEork Insurance Company, herdnafter the "Company') ENDORSEMENT NO.4 Effective Date: 11/l/2010 Policy Number: EGLB0188833-3 Issued.To: .. StageRight Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS SCHEDULE Name of Person or Organization: As required by written contract signed by both parties prior to any."occurrence" in which coverage is sought under this policy. Location and Description of Completed Operations: As required by written contract signed by both parties prior to any "occurrence" in which coverage is sought under this Policy. Additional Premium (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) Section II — Who is an Insured is amended to include as an insured the person or orbn nization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the Schedule of this endorsement performed for that insured and included in the "products -completed operations hazard". CGL 1038 1103 Liberty Surpporation. [Its Insurance Commercial General Liability 10� Cor„eh,,,,,.Ub,1 ,,,,,,.,r,,,,.„ LIBERTY SURPLUS INSURANCE CORPORATION (A New Hampshire S.k lnsurence Company, hereinafter, the "Company') ENDORSEMENT NO. 5 ` Effective Date: 11/1/2010 Policy Number: FGLB0188833-3 Issued_To_:. StageRight Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION SCHEDULE Name of Person or Organization: As required by written contract signed by both parties prior to any "occurrence" in which coverage it sought under dais policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II —Who is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, pans or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CGL 1037 1 t03 Liberty Six rphis Insurance Commercial General Liability C(1I-porarI0 , LIBERTY SURPLUS INSURANCE CORPORATION (A Nea Hampshire Smck Insurance Company, hereimfmr the "Company') ENDORSEMENT NO. 9 Effective Date: 11/1/2010 Policy Number: EGLB0188833-3 _ ... -...._ ___--_. Issued To: SrageRight Corporation _ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION 1. The fast Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the fast Named Insured written notice of cancellation at least. a. 10 days before the effective date of cancellation if we cancel for non-payment of premium; or b. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mad or deliver our notice to the fast Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the fast Named Insured any premium refund due. If we cancel, the refund will be pro -rats. If the fast Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. G. If notice is mailed, proof of mailing will be sufficient proof of notice. CGL 1007 0103 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. 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. Service Agreement Page 3 of 18 7211 Orchestra Shell at the Lincoln Center 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 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 negligent 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, Service Agreement Page 4 of 18 7211 Orchestra Shell at the Lincoln Center 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 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. Service Agreement Page 5 of 18 7211 Orchestra Shell at the Lincoln Center 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 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; me 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. Service Agreement Page 6 of 18 7211 Orchestra Shell at the Lincoln Center 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. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this reference. Service Agreement Page 7 of 18 7211 Orchestra Shell at the Lincoln Center CITY OF FORT COLLINS, COLORADO a municipal corporation By:C� �G Jams B.O'Neill'll, CPPO, FNIGP Director of Purchasing and Risk Management F Date: SE'lNJU. ^G City Clerk `'h L^p• APPROYE.D AS TO FORM':"' As ' t nt City Attorney STageR By:_j PRINT CORPO SATE PRESIDENT OR VICE PRESIDENT (Corporate Seal) C'. '• w 0.• �1 at: C. %v +/r��J9>Itifllitiatlit\ Service Agreement Page 8 of 18 7211 Orchestra Shell at the Lincoln Center EXHIBIT "A" SCOPE OF SERVICES SPECIFICATIONS LINCOLN CENTER SECTION 11 61 13 — ACOUSTICAL SHELLS PART 1 -GENERAL 1.1 SECTION INCLUDES A. Full stage acoustical shell system consisting of mobile acoustical shell towers and adjustable acoustical shell ceiling. 1.2 RELATED SECTIONS A. SECTION 11 61 33—THEATRE AND STAGE EQUIPMENT 1.3 REFERENCES A. American Society of Civil Engineers (ASCE): 1. ASCE 7 — Minimum Design Loads for Buildings and Other Structures. B. Architectural Woodwork Institute (AWI): 1. Quality Manual, 8th Edition. C. ASTM International (ASTM): ASTM C 423 — Standard Test Method for Sound Absorption and Sound Absorption Coefficients by the Reverberation Room Method. 2. ASTM E 413 — Classification for Determination of Sound Transmission Class. D. National Electrical Manufacturers Association 1. NEMA LID 3-2000 — High Pressure Decorative Laminates. 1.4 PERFORMANCE REQUIREMENTS A. Acoustical Panel Sound Transmission: Provide acoustical shell system comprised of acoustical shell panels having the following sound transmission requirements: 1. Sound Transmission Class (STC): Minimum 23 per ASTM E 413. 1.5 SUBMITTALS A. Product Data: Manufacturer's data sheets for acoustical shell system. 1. Provide test results by certified independent testing laboratory indicating compliance with requirements of Performance Requirements article. B. Shop Drawings: Prepared by manufacturer. Include dimensioned plans and sections, and elevations showing acoustical shell system component sizes, arrangements, and details of each condition of installation. Show fabrication and installation details. 1. Indicate coordination of with related overhead components, including structural elements, rigging, catwalks, lighting, ductwork, piping, and sprinklers. Service Agreement Page 9 of 18 7211 Orchestra Shell at the Lincoln Center