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HomeMy WebLinkAbout488920 TEXAS SCENIC COMPANY INC - CONTRACT - BID - 7231 STAGE RIGGING & COUNTERWEIGHT ARBORS AT THE LSERVICES 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 Texas Scenic Company, Inc., hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of seven (7) pages and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated upon execution of this Agreement. 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. 5. 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. 6. 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 7231 Stage Rigging and Counterweight Arbors at the Lincoln Center Page 1 of 17 5. JR Clancy, 7041 Interstate Island Road, Syracuse, NY USA 13209-9713; Telephone: (315) 451-3440 6. Secoa, 8650 109th Avenue North, Champlin, MN 55316; (763) 506-8800 B. If installation is to be subcontracted, the qualifications of the Subcontractor shall be submitted for Owner approval prior to bidding. 1.5 FLAME RESISTANT REQUIREMENTS A. Class "A" rated. RMENNERP, 61G000MA A. Equipment and accessories shall be warranted against defective material and workmanship for a period of one year from date of Substantial Completion. 1.7 CERTIFICATION A. Submit manufacturer's certification that theatre and stage equipment complies with requirements for flame resistance. PART 2-PRODUCTS 2.1 MANUFACTURER OF RIGGING HARDWARE A. Rigging hardware shall be products of the following firms or approved equal by the architect. 1. J.R. Clancy Co. 2. Approved Equal 2.2 COUNTERWEIGHT RIGGING (T-BAR SYSTEM) A. Furnish a total of three new sets and five relocated multi -line counterweight rigging firmly and securely attached to structure in the best and most workmanlike manner, fitted and arranged to clear all existing building construction, properly counterbalanced, adjusted, tensioned and otherwise ready for operation in accordance with the requirements of the specifications and commonly accepted good practice for stage rigging. B. Summary of major components: ITEM DESCRIPTION 1. Head block, tapered roller bearings Match Existing 2. Loft blocks, ball bearings Match Existing 3. T-Bar carriage (HMD guides) Match Existing 4. Floor block, ball bearings (HMD guides) Match Existing 5. Rope lock Match Existing 6. Copper ferrules and cable clips Match Existing 7. Lead cables (galvanized preformed aircraft) Match Existing 8. Pipe battens (Schedule 40) Match Existing 9. Counterweights Match Existing 10. Rope (non -stretch multi -line) Match Existing 11. Locking Rail Match Existing 12. Muling blocks, tapered roller bearings Match Existing 13. Trim chains (1200 pound test) Match Existing 14. Alternate #2 PowerAssist Refer to Specification Section 11 61 33 Service Agreement 7231 Stage Rigging and Counterweight Arbors at the Lincoln Center Page 10 of 17 2.3 HEAD BLOCKS A. Head blocks shall be made of class 30 grey iron conforming to ASTM specification A-48, shall have a minimum hub diameter of 3" and shall be free of holes and casting flaws. B. The sheave shall be machine faced and turned with the required size and quantity of cable grooves. Cable groove depths shall be sufficient to encompass the cable fully and shall have sloped sides. C. Cable grooves shall conform to rope and cable manufacturers' standards for groove shape and tolerance. D. The sheave shall be fitted with 1" diameter tapered roller bearings, properly sized for the required load and speed. E. The one inch diameter steel shaft shall have a Dutchman to engage the keyhole in the side plate. Proper adjustment of the bearings shall be accomplished by means of a fine thread, self locking nut on the opposite end of the shaft. F. The block housing shall have two 10 gauge side plates rigidly fastened together with at least six bolts, four of which prevent cables from escaping the sheave grooves and shall fully enclose the sheave. Side plates shall be bolted and welded to the base angles for extra strength. Head block base angles and connecting hardware shall conform to manufacturer's standards. G. The block and associated mounting hardware shall have a recommended working load of at least 2,500 lbs. 2.4 LOFT BLOCKS A. Loft blocks shall be of unit parallel type construction with heavy steel side plates extending above sheaves to accommodate three cross bolts and spacers to positively prevent cables escaping from grooves. B. The sheave shall be equipped with a 1" diameter machined steel shaft and two tapered roller bearings. C. Class 30 gray iron conforming to ASTM A-48 shall be used, with machined grooves. D. Base angles shall be a minimum 1 '/2" x 1 '/2" x 3/16" angle. E. Side plates shall be a minimum of 10-gauge steel, and shall fully enclose the sheave. Side plates shall be bolted to the base angles. There shall be a minimum of seven '/4" bolts with spacers between the side plates, four of which prevent cables from escaping the sheave grooves. F. The block and associated mounting hardware shall have a recommended working load of at least 1300 Ibs, and shall be designed for use in either upright or underhung usage. 2.5 COUNTERWEIGHT ARBORS A. Arbor shall be of specified length, or long enough to accommodate counterweights to balance its pipe batten and related equipment, whichever is longer. B. The arbor top shall be a 1/4" steel plate formed into a channel with 3" sides, punched to receive 8 cables. A bolt and spacer shall tie the legs together and provide a tie -off point for the hand line. The front of the arbor top shall carry a 1- 1/2 " high white set number. C. The arbor bottom shall be of similar construction, with counterweight rests to keep the weights from resting on the inner arbor rod nuts. D. The top and bottom of the arbor shall be tied together by means of two 3/4" steel arbor rods and a 3/8" x 3" steel back plate. The arbor rods shall have three nuts at each end, the outermost being a lock nut. Service Agreement 7231 Stage Rigging and Counterweight Arbors at the Lincoln Center Page 11 of 17 E. Two guide assemblies shall be provided, each comprised of UHMW plates between steel backup plates or molded plastic shoe assemblies with stiffening ribs, secured to the arbor by means of two 3/8" hex head bolts and lock nuts. F. Provide 12-gauge spreader plates (two minimum) on arbor rods so they can be spaced between counterweights on 2 foot centers. Provide a retaining collar on each rod, each with a '/." set screw with red plastic knob for easy locking. The front retaining collar shall be welded to the top spreader plate. G. Provide labels on the steel back plates showing the proper locations for the spreader plates. 2.6 FLOOR BLOCKS A. The sheave shall have a 12" outside diameter, and be grooved for a '/4 rope. The sheave shall be equipped with a 17 mm diameter machined steel shaft and two sealed, precision ball bearings. The shaft shall be fitted with a locking handle, allowing the sheaved to be moved a minimum of 5" to adjust rope tension. B. Side plates shall be a minimum of 10-gauge steel, shall fully enclose the sheave, and shall have a slot allowing a minimum of 8" of sheave position adjustment. Side plates shall be bolted to the base angles. There shall be a minimum of seven '/4" bolts with spacers between the side plates. C. The rope lock shall consist of an ASTM A536 ductile iron housing, cams and handle. There shall be a rubber bumper in the housing to silence the handle when it is opened. D. Adjustment for rope shall be from 5/8" to 1" by means of a '/2" nylon tipped, socket head adjustment screw with lock nut at the rear of the housing. E. The handle shall be 9" long with a nylon powder or.vinyl dip coating. The handle shall be installed so that it passes two degrees past vertical to lock the hand line. A coated, oval, welded steel ring shall be provided as a safety lock. The outer end of the handle shall be slotted to accommodate a safety padlock. F. The rope lock and floor block shall be mounted to a 1/2" x 4" formed steel frame, which incorporates tie off points for guide wires. 2.7 ROPE LOCKS A. The rope lock shall consist of an ASTM A536 ductile iron housing, cams and handle. The housing shall allow the use of a standard padlock to hold the handle in its closed position. B. In order to reduce noise during operation, there shall be a rubber bumper in the housing to silence the handle when it is opened. The dogs that grip the rope shall be machined to fit closely to reduce noise, and shall not require the use of washers. C. Adjustment for rope shall be from 5/8" to 1" by means of a ''/2" nylon tipped, socket head adjustment screw with lock nut at the rear of the housing. D. The handle shall be 9" long with a nylon powder or vinyl dip coating. The handle shall be installed so that it passes two degrees past vertical to lock the hand line. E. A coated, oval, welded steel ring shall be provided as a safety lock. F. The rope lock shall mount to the locking rail with four 3/8" hex bolts and lock nuts. G. The rope lock shall be J.R. Clancy No. 010 533R. 2.8 PIPE BATTENS A. Counterweight pipe battens shall be 1 '/I inch (inside diameter) schedule 40 steel pipe. All joints shall be sleeve spliced internally using not less than 18 inch splice pieces. Bolts or rivets shall Service Agreement 7231 Stage Rigging and Counterweight Arbors at the Lincoln Center Page 12 of 17 connect each end of the internal splice pieces to the pipe batten. Furnish 4 bolts with lock nuts at each splice. Bolts shall be oriented at 90-degrees on each side of the splice. 2.9 COUNTERWEIGHTS A. Counterweights shall be 6" wide x 13-3/4" long, with a U shaped cutout for the arbor rods. Counterweights shall be flame or laser cut steel. Each piece shall be free from slag and sharp edges. The thickness of counterweights shall not vary more than 3/16" from nominal dimension. B. Opposite corners shall be notched for ease of handling. Alternate weights when stacking to provide finger holds when loading arbors. C. Provide 80% of weight 2" thick and 20% of weight 1" thick for ease of balancing. 2.10 CHANNEL GUIDE TRACK SYSTEM A. The complete T-bar system shall match existing. B. T-bars shall be held in place and properly spaced by "U" shaped spreader plates formed from 1" x 3/16" steel, which are bolted to the wall battens. C. Horizontal wall battens shall be located on centers not to exceed 5'. Wall battens shall be 1- 3/4" x 1-3/4" x 3/16" steel angles with factory punched holes on 2" centers to allow J-guides to be located on 6", 8" or other centers. (Locations with high seismic activity may require different spacing or sizes.) D. Wall battens shall be held in place by adjustable wall knees, consisting of a 5/16" x 1-1/2" steel knee and an 11 gauge 1" x 2" formed, slotted channel to aid in alignment made necessary by irregularities in the wall. E. There shall be a top stop batten, a bottom stop batten and a floor batten, all of which shall be made of 1-3/4" x 1-3/4" x 3/16" steel angle. The top and bottom stop battens shall each have a 2" x 2" hardwood bumper securely bolted to the stop battens by 1/4" x 2-1/2" carriage bolts, nuts, and washers. F. All other members of the T-bar system shall be assembled using 5/16" hex head bolts, lock nuts and washers. 2.11 AUXILIARY STRUCTURAL CHANNELS AND BEAMS A. Auxiliary mounting steel shall consist of structural steel or aluminum channels, beams, angles, and pipes as required to provide anchorage for rigging blocks wherever they are needed. All blocks and all chain and cable tie -off points shall be fixed to auxiliary metal as required, and shall be designed to handle the imposed loads. 2.12 FINISH A. All items provided under this section shall have the manufacturer's standard finish and color, except as noted. B. All turnbuckles, clips, tracks, chains and other items of incidental hardware shall be furnished plated or painted. 2.13 EQUIPMENT SUMMARY (MAJOR ITEMS) A. The following items shall be shown in plan and section and properly labeled on shop drawing submission. 1. New Linesets 15' Canopy 2n° Canopy Service Agreement 7231 Stage Rigging and Counterweight Arbors at the Lincoln Center Page 13 of 17 3rd Canopy 2. Relocated Linesets 13 Free 14 Free 23 Free 24 Free 30 Free PART 3 - EXECUTION 3.1 INSTALLATION A. The horizontal, end -to -end dimensions of all pipe battens and tracks shall be as shown on the drawings, or shall be 9 ft greater than the width of the proscenium opening, unless physical conditions of the structure and the building mechanical systems limit the dimensions. B. This contractor shall furnish and install any miscellaneous structural metal required to support the rigging equipment and other equipment. C. Anchoring devices and miscellaneous metal required for proper installation shall be erected during the process of the general construction at the appropriate time to coordinate with the work of other trades. D. All hardware and all drapery shall be trimmed, leveled, and left ready for use. END OF SECTION Service Agreement 7231 Stage Rigging and Counterweight Arbors at the Lincoln Center Page 14 of 17 91&xF15ox MTE PRAT a2&Al18 05 M1 �sa�u �tr.�vam. All y � r§ i 1 1 F>A r$„ 1 D D A 7 q L ECn I r Ozs. € = H 7 �FZ5S-; ion 8$ gj H £ $ys' a g a 9sa ji jag sgsg kiss€H$"_€ z 9 �g c s € w€ AshH ; z a_ ao s "N $ o g 8 ga $s o- 9 s-§€ L Ll&< Lincoln Center Remodel City of Fort Collins417 W. Magnolia, Fort Collins, Colorado EXHIBIT "B" CONTRACT SUM CITY OF FORT COLLINS BID PROPOSAL BID #7231 STAGE RIGGING AND COUNTERWEIGHT ARBORS AT THE LINCOLN CENTER BID OPENING: May 9: 2011, 3:00 p.m. four clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR STAGE RIGGING AND COUNTERWEIGHT ARBORS PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS AND DRAWINGS. The City of Fort Collins Lincoln Center, 417 West Magnolia, Ft.Collins 80521 is requesting bids for additions to existing stage rigging and counterweight arbors. Work to be started by July 2, 2011 and must be completed by July 15, 2011 or as directed by the project manager. Awarded service provider must enter into a service agreement (sample attached for your review) and provide the required insurance (Exhibit B). For technical questions please contact Gina Cochran, Technical Production Director at 970-416- 2758 or gcochran(a)fcoov.com For purchasing questions, please contact John Stephen, CPPO, LEED AP, Senior Buyer; at 970-221-6777 or isteohenefcaov.com. BID SCHEDULE Service Provider shall furnish and install stage curtains and tracks and related equipment in accordance with the following specifications and drawings. Award will be based on lowest responsive, responsible Lump Sum Bid that meets specification. Lump Sum Bid $ In Writing Fourty Six Thousand Thirty and 00/100 WI1;grg Bid Alternate #1 $ 47, 675.00 Bid Alternate #2 $_61 73n on FIRM NAME: Texas Scent . Ocimpany. Tne ADDRESS 5423 Jackwood Dr., San Antonio, TX 78238 PHONE/FAX 210-684-0091 - 210=684-4557 1 BY: A �[Y— Rov Harlino Sales & Daainn (Printed) Service Agreement 7231 Stage Rigging and Counterweight Arbors at the Lincoln Center Page 16 of 17 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 7231 Stage Rigging and Counterweight Arbors at the Lincoln Center Page 17 of 17 OP ID: TO 4l�" CERTIFICATE OF LIABILITY INSURANCE OATE6101111 .1 O6/01/11 �I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH�S 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 policyles) 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 210-220-6420 Frost Insurance - San Antonio",7 210-220-6460 3611 Paesanos Pkwy, Suite t000�T- San Antonio, TX 78231'-❑ Stanley J Pisano, Jr., CIC CONTACT NAME: AICNNoExt: ac,No" E-MAIL ADDRESS: CUSTOOMER ID a:TXSCE-2 INSURER(SI AFFORDING COVERAGE NAICN INSURED Texas Scenic Company, Inc.' 5423 Jackwood Dr.'7C' San Antonio, TX 78238 INSURER A: American Fire & Casualty INSURER a:America First Lloyds Ins Co 111526 INSURER c :America First Insurance Ii 12696 INSURER 0: INSURER E NT - 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 TYPE OF INSURANCE ADOL ImpPUS POLICY NUMBER MMIDDIYPLICY YYV POLICY EXP IMMIDDIYYYY LIMITS A GENERAL_LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR BLA 11 54288429 10/27/10 10/27/11 EACH OCCURRENCE s 1,000,000 DAMAGE TO RENTED PREJAISES,Ea occurrence $ 300,000 MED EXP (Any one person) s 10,000 PERSONAL B AOV INJURY Is 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEI L AGGREGATE LIMIT APPLIES PER: I POLICY >< P IRO- LOC PRODUCTS - COMPIOP AGG $ 2,000,000 $ B AUTOMOBILE X LIABILITY I ANY AUTO OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA8085426 10/27/10 10/27/11 COMBINED SINGLE LIMIT (Ea acddenq $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ HiALL PROPERTY DAMAGE IIPer accident) X s C J(I UMBRELLA LIAB EXCESS LIAB X I OCCUR CLAIMS -MADE CU8085826 10127/10 10127111 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 X I DEDUCTIBLE RETENTION $ 10,000 I $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ (Mandatory in NH) If yes describe under DESCRIPTION OF OPERATIONS belox N (A T RY TINIIT OTq E.L. EACH ACCIDENT $ E.L. DISEASE " EA EMPLOYEE.4 E.L. DISEASE POLICY LIMIT li $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Fort Collins Lincoln Center ❑( rl, City of Fort Collins, Colorado='C P.O. Box 280G7 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 © 1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 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 Texas Scenic Company, Inc. Attn: Purchasing Attn: Gina Cochran Attn: Roy Harline PO Box 580 PO Box 580 5423 Jackwood Drive Fort Collins, CO 80522 Fort Collins, CO 80522 San Antonio, TX 78238 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. 7. Contract Sum. The City shall pay the Service provider for the performance of this Contract, a sum of Forty -Six Thousand Thirty Dollars ($46,030.00) subject to additions and deletions provided herein, per the attached Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 8. 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. 9. 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. 10. 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 Service Agreement 7231 Stage Rigging and Counterweight Arbors at the Lincoln Center Page 2 of 17 neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 11. 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. 12. 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 workman ship/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. 13. 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. Service Agreement 7231 Stage Rigging and Counterweight Arbors at the Lincoln Center Page 3 of 17 14. 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. 15. 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. 16. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a Service Agreement 7231 Stage Rigging and Counterweight Arbors at the Lincoln Center Page 4 of 17 certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 17. 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. 18. 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. 19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program') or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. Service Agreement 7231 Stage Rigging and Counterweight Arbors at the Lincoln Center Page 5 of 17 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; F1TI 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department') made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. Service Agreement 7231 Stage Rigging and Counterweight Arbors at the Lincoln Center Page 6 of 17 CITY OF FORT COLLINS, COLORADO a municipal corporation By: Jams . O'Neill II, CPPO, FNIGP Direc r of Purchasing and Risk Management Date: 6 // 4 / /7 CORPORATE PRESIDENT OR VICE PRESIDENT Date: June 3, 2011 (,Corporate Seal) C c _ =X �. Z= Zo SEAL �= Service Agreement 7231 Stage Rigging and Counterweight Arbors at the Lincoln Center Page 7 of 17 EXHIBIT "A" SCOPE OF WORK LINCOLN CENTER SECTION 11 61 33 — THEATRE AND STAGE EQUIPMENT PART 1—GENERAL 1.1 SCOPE A. Contractor shall furnish and install stage curtains and tracks and related equipment in accordance with the following specifications, including, but not limited to the following: 1. Counterweight Sets 1.2 RELATED SECTIONS A. SECTION 11 61 13 —ACOUSTICAL SHELLS B. SECTION 11 61 35 — POWERASSIST STAGE RIGGING 1.3 REFERENCES A. ASTM A36 -Structural Steel Members B. ASTM A53 -Steel Pipe C. ASTM A307 -Anchor Bolts, unless otherwise noted. D. ASTM A325 -Nuts, Bolts and Washers E. ASTM A500 -Structural Tubing F. AWS D1.1 - Welding Materials: type required for materials being welded. G. UL - Underwriters Laboratories 1.4 DESCRIPTION OF WORK A. A new orchestra shell is to be installed. This orchestra shell would consist of stage towers and three flown acoustical canopies. The existing counter weight system has three identified locations for the installation of line sets to support the new acoustic canopies. Five existing linesets are to be removed and relocated to accommodate the new linesets. The rigging Installer will be responsible for providing three new complete line sets including weights to fly the new acoustic canopies and removing and reinstalling the five existing linests. All linesets to have maximum "out" trim and "in" trim to be no higher than 5' off deck. The following existing equipment is to reused. Contractor to inspect and verify suitability to be reused. Contractor to notify Owner and Consultant if inspection reveals issues with reusing existing equipment. Do not reinstall existing equipment if inspection issues are found. 1. Counter Weight Arbors 2. Locking Rail and Rope Locks 3. Tee Track 4. Floor Blocks 5. Battens and Pipe Clamps 6. Lift Lines at all but Longest Run (6 of 7) The following existing equipment will be replaced by Contractor. 1. 8-Line Loft Block Service Agreement 7231 Stage Rigging and Counterweight Arbors at the Lincoln Center Page 8 of 17 2. Steel Sheaves with Idlers (6 per Line Set) 3. All other Hardware 4. 1 Y<" Wire Rope Liftline for longest run per Lineset (1 of 7) B. Base Bid 1. Provide complete pricing to provide three single arbor counterweight line sets as specified and detailed. 2. Provide complete pricing for relocation the five existing linesets. C. Bid Alternate #1 1. Provide complete pricing to provide three double arbor counterweight line sets as specified and detailed. 2. Provide complete pricing for relocation the five existing linesets. D. Bid Alternate #2 1. Provide complete pricing to provide three single arbors counterweight line sets with Power Assist as specified and detailed. 2. Provide complete pricing for relocation the five existing linesets. 1.2 SUBMITTALS A. Section 01300 - Submittals: Procedures for submittals B. Product Data: Submit manufacturer specifications and product data for each type of material specified. C. Shop Drawings: Submit shop drawings indicating plan, layout, elevations, and detailed sections of anchorage and rigging systems and elements. Show anchors, hardware, operating equipment and other components. The submittal shall include a proposed arrangement for all equipment in this section. Items specified shall be labeled and shall be shown in plan and section. D. Manufacturer's Installation Instructions: Indicate installation requirements and special conditions. 1.3 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing the products specified in this section with minimum five years experience. B. Fabricator/Installer: Company specializing in fabrication and performing the work of this section with minimum five years experience. 1.4 PREQUALIFIED INSTALLERS A. The following Installers are preapproved by the Owner. 1. Texas Scenic Company, 5423 Jackwood Drive, San Antonio, TX 78238, Telephone: (210)547-2921 2. Production Resource Group, 13450 Smith Road, Suite 100, Aurora, CO 80011; Telephone: (720) 440-8830. 3. Barbizon, 8269 East 23rd Avenue, Suite 111, Denver, CO 80238; Telephone: (303) 394- 9875 4. Stagecraft, 5051 North Lagoon Avenue, Portland, OR 97217; Telephone: (503) 286-1600 Service Agreement 7231 Stage Rigging and Counterweight Arbors at the Lincoln Center Page 9 of 17