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HomeMy WebLinkAbout235414 JUDGE NETTING INC - CONTRACT - BID - 7574 CANOPY NETTING AT COLLINDALE GOLF COURSEDocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 SERVICES 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 JUDGE NETTING 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 two (2) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than April 4, 2014. 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. Services Agreement 7574 Canopy Netting at Collindale Golf Course Page 1 of 13 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 between snap to cable attachment points shall not exceed 3 feet on center (snap size may vary to fit cable size(s) specified). 2.02 Poles Poles shall be steel, designed and engineered by registered Professional Engineer. The steel poles will be 20 feet high above ground designed to withstand 100-mph winds, set in concrete. The steel.to be 65,000 psi. tensile yield strength. Poles shall be coated with STRYK 5388 FACS finish or equal. Color to be black, approved by the City. 2.03 Concrete Concrete shall have a minimum 28-day compressive strength of 3,500 psi. Work shall include all items needed to provide a complete installation of concrete. Standards for concrete placement, protection, and workmanship shall comply with current City of Fort Collins Building Codes. Part 3 — SUBMITTALS 3.01 Certification: Submit manufacturer's shop drawings and certification that products meet requirements of specifications and drawings for City approval prior to installation. 3.02 Certification: Submit licensed engineer's certification that products meet requirements for 100-mph wind. Part 4 — INSTALLATION Installation shall be per manufacturer's recommendations and requirements. Services Agreement 7574 Canopy Netting at Collindale Golf Course Page 10 of 13 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 EXHIBIT B CONTRACT SUM CITY OF FORT COLLINS BID PROPOSAL BID 7574 Canopy Netting at Collindale Golf Course BID OPENING: November 25, 2013, 3:00 (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR CANOPY NETTING AT COLLINDALE GOLF COURSE PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins Collindale golf course maintenance facility located at 3800 S Lemay Avenue is requesting a canopy netting system to go over their maintenance parking lot. The awarded contractor must provide design and furnish installation of all poles, netting, and cables for a complete project per specifications. The net, poles, and foundation must to be designed for a 100-mph wind rating, with the system to be stamped and certified by a licensed Professional Engineer. Work includes minor excavation, concrete, steel poles, netting, site clean-up, and all appurtenances for a complete project. Warranty on the system must be a minimum of six years, not pro- rated. Any purchasing or technical questions or inquiries regarding this bid should be directed to: John Stephen, CPPO, 'LEED AP, Senior Buyer (970) 221-6777 or jstephen@fcgov.com. BID SCHEDULE Contractor will design and install a 20 foot high retractable canopy net system per specifications. Lump Sum $ Q In Words: Name of I Address Phone Signature, Services Agreement 7574 Canopy Netting at Collindale Golf Course Page 11 of 13 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 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. No new attachment needed Services Agreement 7574 Canopy Netting at Collindale Golf Course Page 12 of 13 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City's remedies at law for a breach of the Service Provider's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Services Agreement 7574 Canopy Netting at Collindale Golf Course Page 13 of 13 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FEO9B80415 CERTIFICATE OF LIABILITY INSURANCE DATE(MMDDYYYY) /17/2013 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 SullivanCurtis Monroe Insurance Services 1920 Main Street Suite 600 Irvine, CA 92614 CONTACT NAME: PHONE A/C No: 949.852.9762 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: GoldenI r n Corporation 10836 www.SullivanCurtisMonroe.com License # OE83670 INSURED Judge Netting Inc. 427 E 17th Street, Suite 489 INSURERB: The Uetherlands Insurance Company INSURERC: INSURER D: Costa Mesa CA 92627 INSURER E: INSURER F: COVFRAGFS CERTIFICATE NUMBER: 1RrA1rQA 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. INSRPOLICY LTR TYPE OF INSURANCE INSR WVD SUER POLICY NUMBER EFF MM/DD/YYYY) POLICY EXP (MM/DDNYYYI LIMITS A GENERAL LIABILITY ✓ CBP1079981 1/1/2013 1/1/2014 EACH OCCURRENCE $ 1,000,000 ✓ COMMERCIAL GENERAL LIABILITY E TO RENTED DAMAGPREMISES Ea occurrence $ 500,000 CLAIMS -MADE �✓ OCCUR MED EXP (Any one person) $ 10,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 $ POLICY ✓ PRO- LOC B AUTOMOBILE LIABILITY ✓ BA1079982 1/1/2013 1/1/2014 OMBBINEDtSINGLE LIMIT $ 1000000 ✓ BODILY INJURY (Per person) S ANY AUTO ALLOWNED SCHEDULED AUTOS' AUTOS BODILY INJURY (Per accident) S ✓ PROPERTYDAMAGE NON -OWNED HIRED AUTOS ✓ AUTOS S S A UMBRELLA LIAB OCCUR CU8936867 1/1/2013 1/1/2014 EACH OCCURRENCE S 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTIONS $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN WC STATU- O TORY LIMITS E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Contractors Equipment CBP1079981 1/1/2013 1/1/2014 Leased/Rented Equip $200,000 / $1,000 Ded DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE: All Operations of the Named Insured The City, its officers, agents adn employees are included as additional insured for General Liability and Automobile Liability per attached forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Collins PO BOX 580 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Fort Collins CO 80522 AUTHORIZED REPRESENTATIVE ,t ��� J� (�j � ll O K ana Okamoto ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CENT NO.: 1a691699 CLIENT CODE: JUDGENET Kyana Okamoto 12/17/2013 3:50:59 PM Page 1 of 10 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 POLICY NUMBER: CBP1079981 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or O.r anization s :. Location And Description Of Completed Operations AS REQUIRED BY.WRITTEN CONTRACT, BUT ONLY AS,REQUIRED BY WRITTEN CONTRACT, BUT ONLY WHEN ADDiTIONAL.INSURED STATUS FOR ONGOING WHEN ADDITIONAL INSURED STATUS FOR ONGOING OPERATIONS_ .IS SPECIFICALLY REQUIRED BY OPERATIONS IS SPECIFICALLY REQUIRED BY CONTRACT CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11>- Who Ia An Insured is amended to include as an additional insured the.person(s),or organization(s) shown in the.Schedule,:but only with* haspect to liability.for'bodity injury or "property damage" caused.'in:whole orin part, by your work". at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CO 20 37 07 04 Copyright, Insurance Services Offices, Inc., 2004 Page 1 of 1 CERT NO.: 18641694 CLIENT CODE: , ENET Kyana Okamoto 12/17/2013 3:50:59 PM Page 2 of 10 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 381 12/17/2013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL LIABILITY GOLD ENDORSEMENT - CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I — COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Item 2.g. 2) is replaced with the following: 2.g. 2) a watercraft you do not own that is: a) less than 50 feet long; and b) Not being used to carry persons or property for a charge. Item 2.g. 6) is added: 6) An aircraft in which you have no ownership interest and that you have chartered with crew. The last paragraph of 2. Exclusions is replaced with the following: Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. SECTION I — COVERAGES COVERAGE C. MEDICAL PAYMENTS If Medical Payments Coverage is provided under this policy, the following is changed: 3. Limits The medical expense limit provided by this policy shall be the greater of: a. $10,000; or b. The amount shown in the declaiati ns. Coverage C. Medical Payments is primary and not contributing with any other insurance, even a that other insurance is also primary. The following is added: COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expenses" incurred by you for the withdrawal of your products, provided that: a. Such withdrawal is required because of a determination by you during the policy period, that the use or consumption of your products could result in "bodily injury" or "property damage", and b. The "product recall notification expenses" are incurred and reported to us during the policy period. The most we will pay for "product recall notification expenses during the policy period is $100,000. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B Item b. and d. are replaced with: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including actual loss of earnings up to $500 a day because of time off from work. Includes copyrighted rimMenal of Insurance services Offices Inc., with its permission. GECG 970 (01/11) Page 1 of 4 CERT NO.: 18641694 CLIENT CODE: J[IDGENET Kyana Okamoto 12/17/2013 3:50:59 PM Page 3 of 10 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 SECTION II —WHO IS AN INSURED Item 4. is replaced with: 4. Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy period over which you maintain a controlling interest of greater than 50% of the stock or assets, will qualify as a Named Insured if: a) you have the responsibility of placing insurance for such entity; and b) coverage for the entity is not otherwise more specifically provided; and c) the entity is incorporated or organized under the laws of the United States of America. However; coverage under this provision does not apply to "bodily injury' or "property damage" that occurred before you acquired or formed the entity, or "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the entity. Coverage under this provision is afforded only until the end of the policy period, or the twelve (12) month anniversary of the policy inception date whichever is earlier. SECTION III — LIMITS OF INSURANCE Paragraph 2. is amended to include: The General Aggregate Limit of insurance applies separately to each "location" owned by you, rented to you, or occupied by you with the permission of the owner. Paragraph 6. is replaced with the following` 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, arising out of any one fire, explosion or sprinkler leakage incident. The Fire Damage Limit provided by this policy shall be the greater of: a. S500,000 or b. The amount shown in the Declarations. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2. a. is replaced with: 2. Duties In The Event of Occurrence, Offense, Claim or Suit a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the 'occurrence", offense, claim, or "suit". Knowledge of an "occurrence", offense, claim or "suit" by other employee(s) does not imply you also have such knowledge. To the extent possible, notice to us should include: 1) How, when and where the 'occurrence" or offense took place; 2) The names and addresses of any injured persons and witnesses; and 3) The nature and location of any injury or damage arising out of the 'occurrence", offense, claim or "suit". Item 4. b. 1) b) is replaced with: b. Excess Insurance 1) b) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner; or Item 6. is amended to include: 6. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Includes copyrighted material of Insurance Services Offices Inc., with its permission. GECG 970 (01111) Page 2 of CERT NO.: 18641694 CLIENT CODE: JUDGENET Hyena Okamoto 12/17/2013 3:50:59 PM Page 4 of 10 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 Item 8. is replaced with: 8. Transfer of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. If required by a written "insured contract", we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under that written "insured contract" for that person or organization and included in the "products -completed operations hazard". Item 10. and Item 11. are added: 10. Cancellation Condition If we cancel this policy for any reason other than nonpayment of premiurn we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation. 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECTION V — DEFINITIONS The following definitions are added or changed: 9. "Insured contract" a. Is changed to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner is not an "insured contract". 23. and 24. are added: 23. "Location" means premisesirlvo'Ivfrig the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 24. "Product recall notification expenses" means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products. The following Provisions are also added to this Coverage Part: A. ADDITIONAL INSUREDS —BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION II — WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. With respect to provision 1.a. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their. contract or agreement with you for such premises or facilities ends. Includes copyrighted material of Insurance Services Offices Inc., with its permission. GECG 970 (01/11) Page 3 of 4 CERT NO.: 18641694 CLIENT CODE: 3 ENET Kyana Okamoto 12/17/2013 3:50:59 PM Page 5 of 10 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09680415 ,. 2. This endorsement provision A. does not apply: a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury", "property damage" or "personal and advertising injury"; b. To "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, in 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; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To "bodily injury", "property damage" or "personal and advertising injury" arising out of any act, error or omission that results from.the.additional insured's sole negligence or wrongdoing; e. To any person or organization`.specifically designated an additional insured for ongoing operations by a separate ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy B. PRIMARY NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written "construction contract" to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. For the purposes of this endorsement, 'construction contract" means a written contract or written agreemrerit other than a premises lease, facilities rental contract or agreement, an equipment rental or lease agreement, or a permit issued by a state, county, municipality or other governmental authority- b. The following is added to paragraph b. Excess Insurance: (3) Except as specified in paragraph a., above, any other insurance in which a party who is an additional insured hereunder is designated as a Named Insured. Regardless of the terms of any written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured. Includes copyrighted material of Insurance Services Offices Inc., with its permission. GECG 970 (01/11) Page 4 of 4 CERT NO.: 18641694 CLIENT CODE: N ENET Kyana Okamoto 12/17/2013 3:50:59 PM Page 6 of 10 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 4 5. [: 7 Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: Judge Netting Inc. Attn: Dan Judge 427 E 17t' Street, #489 Costa Mesa, CA 92627 City: City of Fort Collins Attn: Bill Whirty PO Box 580 Fort Collins, CO 80522 Copy to: City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins. CO 80522 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. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, Forty -Two Thousand Four Hundred Dollars ($42,400) as per the attached Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 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. 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 Services Agreement 7574 Canopy Netting at Collindale Golf Course Page 2 of 13 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 Judge Netting, Inc. 12/17/2013 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: jCi01i0:1:7_LelaYe]v"IF SECTION II - LIABILITY COVERAGE A. COVERAGE WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self -insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto' by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract', or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damage' is caused by an "accident' which takes place after: (a) You executed the "insured contract' or written agreement; or (b) the permit has been issued to you. GECA 701 1/07� Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 1 of 4 CERT NO.: 18641694 CLI COD_: JUDGENET Kyana Okamoto 12/17/2013 3:50:59 PM Page 7 of 10 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident' we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. SECTION III - PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident' is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident', we will also pay up to $500 per "accident' for the actual loss of use to the owner of the covered "auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto' for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto' you hire without a driver and excess over any other collectible insurance for any covered "auto' that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto' because of 'loss" to a covered "auto'. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". GECA 701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 2 of 4 CERT NO.: 18641694 CLIENT CODE: JUDGENET ayana Okamoto 12/17/2013 3:50:59 PM Page 8 of 10 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 7. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor,.ln the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the 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; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GECA 701 (01/07) Includes copyrighted material of Insurance Services offices, Inc. with its permission Page 3 of 4 CERT NO.: 18641694 CLIENT CODE: JUDGENET Kyana Okamoto 12/17/2013 3:50:59 PM Page 9 of 10 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge ofan accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who -Is An Insured g., but only as;respects loss arising out of the operation, maintenance or use of a covered "auto". pursuant to the provisions of the "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9. is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded.. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. GECA 701�01/071 Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 4 of 4 CERT NO.: 18641694 CLIE C00 : J ENET Kyana Okamoto 12/17/2013 3:50:59 PM Page 10 of 10 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 taxes or benefits or for any other purpose. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 9. 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. 10. 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. 11. 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 Services Agreement 7574 Canopy Netting at Collindale Golf Course Page 3 of 13 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 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. 12. 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. 13. 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. Services Agreement 7574 Canopy Netting at Collindale Golf Course Page 4 of 13 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be bincling 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. 15. 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 C, 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. 16. 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. 17. Law/Severability. The laws of the State of Colorado shall govern the construction Services Agreement 7574 Canopy Netting at Collindale Golf Course Page 5 of 13 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 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. 18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly -employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an 'illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work Services Agreement 7574 Canopy Netting at Collindale Golf Course Page 6 of 13 DocuSign Envelope ID: 6F97566E-906E-44E5-A6C3-34FE09B80415 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; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant. to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality, Services Agreement 7574 Canopy Netting at Collindale Golf Course Page 7 of 13 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 consisting of one (1) page, attached hereto and incorporated herein by this reference. CITY OF FORT COLLINS, COLORADO a municipal corporation DocuSignetl by: E �M41By.A4p0A05dC.Rr dSn Gerry Paul Director of Purchasing and Risk Management 12/18/2013 JUDGE NETTING INC. - DocuSignned b�yy- By: 906CA66862F9452... Dan Judge PRINT NAME Daniel Judge TITLE Date: 12/17/2013 Services Agreement 7574 Canopy Netting at Collindale Golf Course Page 8 of 13 DocuSign Envelope ID: 6F9756BE-906E-44E5-A6C3-34FE09B80415 EXHIBIT A SCOPE OF WORK Netting and Pole Specifications Part 1 — GENERAL 1.01 Description of Work This work shall consist of designing, furnishing and installing steel poles that are 20 feet high above ground and set in concrete and retractable protective netting, per specifications and drawing. The net, poles, and foundation must be designed for a 100-mph wind rating, with the system to be stamped and certified by a licensed Professional Engineer. Work includes minor excavation, concrete, steel poles, netting, site clean-up, and all appurtenances for a complete project. Warranty on the system must be a minimum of six years, not pro -rated. Retractable canopy area must be a minimum 84feet by 95feet with poles only on the outer edge and not in the center area. Netting must be able to be retractable for winter months. The combination of advanced construction techniques coupled with exacting engineering and design requirements must provide the support system necessary for the canopy application. Contractor is responsible for all state and local permits and must meet all local building codes. Part 2 — MATERIALS 2.01 Netting Netting shall be "Redden #970 Polyester Net," or equal. Polyester netting shall have a minimum 159-lb. single mesh breaking strength, 1 1/8" mesh size, and treated with black rasin bonding and designed to prevent balls from going through the netting. Netting must withstand 100-mph winds. Additionally; net panels shall have internally constructed vertical and horizontal ropes of the same material. All rope locations on the net panels shall correspond to the as built net panel suspension and support cables constructed to pole structures. All net panels shall be custom fabricated to as built measurements to the pole/cable structure to provide a taut panel upon completion. Attachment of net and rope components shall be made with #36 braided polyester twine, minimum 270-lb. tensile strength, and dye treated black. The attachment twine shall continually encompass the netting component and be tied to the rope component via a clove and half hitch knot +/-6 inches on center, never to exceed 8 inches on center. Finished net panels shall be suspended to cables by the rope component via a 9/32" or'/4" cadmium plated steel carabiner attachment snap, minimum 1,140 lb. or 560 lb. breaking strength. The interior of the snap shall encompass only the rope and cable components when suspension is completed. The interval Services Agreement 7574 Canopy Netting at Collindale Golf Course Page 9 of 13