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HomeMy WebLinkAbout455175 NATIONAL CENTER FOR CRAFTMANSHIP - CONTRACT - AGREEMENT MISC - NATIONAL CENTER FOR CRAFTSMANSHIP POUDRE FIRE AUTHORITY TRAINING SITESERVICES 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 National Center for Craftsmanship a Colorado non-profit corporation with non- profit status recognized under IRS Section 501(c)(3) and whose principal address is 1931 East County Road 58, Fort Collins, Colorado 80524, 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 one page 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 March 1, 2009 and services shall be completed no later than April 30, 2009. 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 the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: EXHIBIT B 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. rev06/07 10 ACORD CERTIFICATE OF LIABILITY INSURANCE of/14/220 s PRODUCER (970)679-7333 FAX (970)679-7377 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hwang -Leavitt Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4025 St. Cloud Dr. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 100 CO 80538 c/o Neil Kaufman 5680 N. Hwy 1 Fort Collins, CO 80524 INSURERS AFFORDING COVERAGE INSURERA: Penn Star Insurance INSURER B: Pi noarnl A.......... INSURER D: INSURER E: NAIC # 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR D' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE 02/04/2008 POLICY EXPIRATION 02/04/2009 LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑X OCCUR PAC6736232 EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENPREMIRPS TED $ 100,00 $ 5,00 MED EXP(My one person) PERSONAL & ADV INJURY $ 1,000,0001 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO- JOC ECT PRODUCTS - COMPIOP AGG $ 1,000,00 AUTOMOBILE LIABILITY ANY AUTO (ECOMa acc dentINED ) SINGLE LIMIT $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIREDAUTOS NON OWNED AUTOS BODILYINJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANYAUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE III RETENTION $ $ WORKERS COMPENSATION AND 4128791 01/15/2009 Ql/O1/2010 X we sTATu- OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 100,00 B ANY PROPRIETOWPARTNEREXECUTIVE OFFICER/MEMSER EXCLUDED? If yes, E.L.nder DISEASE - EA EMPLOYEE $ 100,00 EL DISEASE -POLICY LIMIT $ 500,00 SPECIescribeAL PROVISIONS SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDEQ BY ENDO(iSEMENT I SPECIAL PROVISIONS City of Fort Collins is listed as an additional insured. City of Fort Collins Purchasing Division John D. Stephen, Senior Buyer 215 N. Mason, 2nd Floor PO BOX 580 Fort Collins, CO 80522 ACORD 25(20011081 FAX: (970)221-6707 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 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 MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE nnrnon rnoono nnnu n..00 PDF created with FinePrint pdfFactory trial version www.pdffactory.com IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AUVKU 2D (ZUUl WO) PDF created with FinePrint pdfFactory trial version www.pdffactory.com City: Copy to: Service Provider: City of Fort Collins City of Fort Collins National Center for Craftsmanship Attn: Purchasing Attn: Steve Seefeld Attn: Neil A Kaufman PO Box 580 PO Box 580 1931 E. County Rd 58 Fort Collins, CO 80522 Fort Collins, CO 80522 Fork Collins, CO 80524 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. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Service Provider a fee not to exceed Twenty Three Thousand Five Hundred Dollars ($23,500). Monthly partial payments based upon the Service Provider's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Service Provider's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Service Provider's actual reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Service Provider shall become the sole property of the City. 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. d 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, except as is noted in the Scope of Work. 9. Asbestos Report. City will send to the Service Provider a true, complete and accurate copy of the asbestos report it has indicating whether the Property contains asbestos or any other hazardous materials. 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 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. 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 often (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail. himself of any other remedy at law or equity. If the non -defaulting parry 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. 14. 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. 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 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 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 C! 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 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 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 5 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. CITY OF FORT COLLINS, COLORADO a municipal corporation 1 By: Ja es B O'Neill II, CPPO, FNIGP Dir for of Purchasing and Risk Management Dater S National Center for Craftsmanship a Colorado non fit coo7pany� PRINT N ME CORPORATE PRESIDENT OR VICE PRESIDENT Date: l/il/o 9 ATTEST: (Cor or to Seal) CORPORATE SECRETARY EXHIBIT A SCOPE OF SERVICES The City of Fort Collins (CFC) will allow the National Center for Craftsmanship (NCC) to use the Andrijeski Property, located at 1425 North Overland Trail, Fort Collins, CO, as a deconstruction demonstration and training site for a limited number of students and volunteers. As a result of NCC's educational activities, the buildings, including the primary residential and two (2) outbuilding structures will be "irreversibly consumed" and reduced to their foundations. The metal shop/garage building will remain intact and not deconstructed. Substantial completion of scope of work is dependent upon NCC's ability to procure adequate training and volunteer labor resources per its educational mission and training program. Notwithstanding the foregoing, however, and given the City's requirement that the Service Provider complete its work by April 30, 2009 and have vacated the Property by that date, the Service Provider shall not be required to reduce the Property to its foundation should its activities be hindered or prevented by force majeure, acts of God, labor shortages or other unforeseen or uncontrollable circumstances. In such cases, the City agrees to accept the Property in their then current state on the delivery date. NCC shall schedule a pre -deconstruction conference with Owner one (1) week prior to commencement of the work. NCC shall retain a competent superintendent (AKA known as the contractor's representative) who shall be in attendance at the project site during performance of the work. Superintendent shall be on the jobsite in all cases whenever a subcontractor, volunteer, or direct employee of NCC is performing work on the project. NCC will be responsible for gate security at the end of the work day during the contract period. CFC and NCC will cooperate in managing the flow of project building materials from the site, with an emphasis on reuse and recycling of as much materials as is feasible under the circumstances. NCC will be responsible for the removal of reusable materials from the site. CFC will be responsible for the removal of recyclable and waste materials from the site. CFC and NCC agree to split the net proceeds of any salable salvaged materials 50/50. CFC will maintain electricity, potable water, and one (1) temporary portable toilet utilities at the site for the duration of the project. City shall obtain, pay for and/or waive any permits required for the Service Provider to conduct its activities including but not limited to demolition permits, landfill permits and trash removal permits. The City acknowledges that the volunteer workers on the project will undertake responsibilities and duties assigned to and directed by the Service Provider. CFC will allow NCC unrestricted use of the metal shop building for secure tool, equipment, and material storage for the duration of the project. This metal shop/garage building will remain intact and not deconstructed. rev06/07 8 CFC will, upon satisfactory notification by NCC and.availability, provide heavy equipment resources to the project on a limited, as -needed basis. CFC, depending on schedule, will try to completely remove the unattached, non -permanent contents of the three structures before commencement of deconstruction activities by NCC. Anticipated project timeline: 8 weeks rev06/07 9