HomeMy WebLinkAbout432744 ROCKET JONES INTERACTIVE - CONTRACT - AGREEMENT MISC - CREATIVE AND DESIGN SERVICES NEW AIRPORT WEB SITEAMENDMENT
Services Contract
This Amendment is entered into this `S day of IZ L , 2010, by and
between the City of Loveland, Colorado ("City") and Rocket Jones Interactive
("Contractor").
Whereas, the parties entered into a contract for Creative and design services to produce
a new airport web site dated April 1, 2010 ("Contract"); and
Whereas, the parties desire to amend the Contract as set forth herein.
Now, therefore, in consideration of the mutual covenants and agreements contained
herein, the parties agree as follows:
1. Addition to Exhibit A is attached to this Amendment. Any such attachments shall
be incorporated into the Contract as if fully set forth therein.
2. All other terms and conditions of the Contract shall remain in full force and effect
according -to the provisions thereof.
` 1a1m$j}ed by the parties on the date written above.
.`��,''' :;2� City of Loveland, Colorado
-r4 A�a = By:
Title: PUBLIC WO (RECTOR
ATTES
--------- -- 71
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
Page 1 of 2 Form Revised 2/26/2010
City may terminate this Contract for clef -'atilt in accordance with "Termination;" below. If
this Contract is so terminated, the Contractor shall be liable for actual and consequential
damages to the City. (Note: this parctgrctph shall not apply to corttroc-ts: (i).for Services
involving the delivery of o specific em.1 prochrct (other them reports that ewe nlerely
inc-Oerrtal to the pelfin- like of said York); oi- (ii) for iglbi-m ation technology services
omllor proditets.)
C. C R S 24-76 5-103. If the Contractor is a natural person (i.e., not a
corporation. partnership. or other legally-cre�itcd entity), Ile/she must complete the
affidavit attached hereto as Exhibit C and attach a photocopy of a valid form of
identification. If the Contractor states that he/she is an alien lawfully present in the
United States. the City will verify his/her lawful presence through the SAVE Program or
successor program operated by the U.S. Department of Homeland Security. In the event
the City determines that the Contractor is not lawfully present in the United States. the
City shall terminate this Contract for default ill accordance with "Termination." below.
d. Colorado Constitution Article XXVIII. If and only to the extent this
Contract constitutes a "sole source governmentcontract" within the meaning of Article
X,l' VIII of the Colorado Constitution ("Article XXVI 1I" ), then the provisions of Sections
15 through 17 of Article XXVII'I ("Amendment 54") are hereby incorporated into this
Contract. and the parties hereto shall comply with the provisions of Amendment 54. In
such case, for purposes of this Contract. the Contractor shall constitute a "contract
holder" for purposes of Amendment 54, as shall any, additional persons, officers,
directors. or trustees related to the Contractor who dLlalifir as "contract holders" pursuant
to the definition set forth in Article XXVIII. In addition, if and only to the extent this
Contract constitutes a "sole source government contract," the Contractor hereby certifies
that it is not ineligible to hold any "sole source government contract" pursuant to
Amendment 54 or any contract thereunder. and the Contractor hereby agrees to notify the
City immediately if', at any point during the term of this Contract, the Contractor shall
become ineligible to hold any "sole source government contract' pLrsuant to Anlenclnlent
54 or any contract thereunder. If any provision or provisions of Amendment 54 are held
to be uneonstitutional or otherwise invalid by a court of competent jurisdiction in a non -
appealable action; have been repealed retroactively or otherwise do 'lot apply to this
C011tr,lCt. SLIC11 provision oi- provisions shall Ito longer be incorporated Into this Contract,
and the parties hereto shall haw no Obligations Under SUCK prOVlSloll 01' pl'OV1Si011s.
10, Termination.
a. NVithOLIt Cause. Either party may, terminate this Contract yVitllout cause
upon thirty days prior written notice to the other. The City shall be liable to pay the
Contractor for Services performed as of the effective date of termination. but shall not be
liable to the Contractor for anticipated profits.
b. For Default. Each and every term and condition hereof shall be deemed to
be a material clement of this Contract. In the event either party fails to perform according
to the terns of this Contract. such party may be declared in defaLlll. If the defaulting party
does not cure said breach within ten days of written notice thereof, the non-defaultiug
11aee 4 ot'6 form Revised 2/26/2010
party may terminate this Contract immediately upon written notice of termination to the
other. In the event of such termination by the City, the City shall be liable to pay the
Contractor for Services performed as of the effective date of termination, but shah not be
liable to Contractor for anticipated profits; provided. however, that the Contractor shall
not be relieved of liability to the City for any damages sustained by the Cite by virtue of
any default under this Contract, and the Cit\1 may wwithhold payment to the Contractor for
the purposes of Setoff` untiI such time as the exact amount of damages is determined.
11. Notices. Written notices shall be directed as follows and shall be deemed
received when hand -delivered or emailed, or three days after being sent by certified mail;
return receipt requested:
To the Citv:
David Gordon, Airport \Manager
City of Loveland
,1900 Earhart Road
Loveland, CO 80537
Email• uordodit't��ci.loveland.co.us
12. Special Provisions. None
To the Contractor:
\tar-e \'orskoe
Rocket Jones Interactive
204 Walnut Street
Port Collins. CO 80524
Im<jil: m�i;,�'�a'4,ri>cketjones.com
13. iyliscellaneous. This Contract contains t1le entire agreement of the parries relating
to the subject matter hereof and,, except as provided herein, may not be modii:ied or
amended except by written agreement ol'the parties. In the event a court of competent
jurisdiction holds any provision of this Contract invalid or unenforceable; such holding
shall not invalidate or tender unenforceable any other provision of this Contract. The
Contractor shall not assign this Contract without the City's prior written consent. This
Contract shall be governed by the laws of the State of Colorado; and venue shall be in the
County of Larimer. State of Colorado.
14, Iaectronic Si<gmature. This Contract may be executed by electronic signature in
accordance with C.R.S 24-71. 3-101 el seq.
Signed by the parties on the date written above.
Paoe 5 of 6 Form Revised 2l26J2010
City of Loveland, Colorado
By:
Title:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
City of Fort Collins,
Colorado ': m
fTT'EST
City Clerk
APPRO � : AS TO FORM:
ASSIS aIlt 'it), Attorney
Pa<ae 6 of 6 Form Revised 2/26/2010
Co I It rac I ot.
Bv:
Title: 4-": C" (IL 1, 4-,
STATI: F
ss.
C.0 (-.,I IN, r Y OF
The HISU'Llmem was acknowledecd bef)] I ),.s day of
0 1 by
(111'erl llall)t3of individual on bella11,offlic Contractor)
li\1N,
7
0 gy P(j
JOANNA M.
STONE
OF C
My COMMISSION EXPIRES:
February 6, 2011
Colililliksion expiration Bali:
Pa;c 7ol*6
I 'orm Ro iscd 2/26/20 1 o
EXHIBIT A— SERVICES
See attached 3-page proposal from Rocket .Ioiies Interactive datect March 24, 2010.
EXHIBIT A
ROCKETArroo
www.foitloveaincorn - Web Site with CMS - v3 (3/24/10)
Graphic Design for Base Site Template: $1,100
Graphic design to be provided by long time Rocket Jones partner, Blue Dot Creative
(xvww.blued otcreative.com).
Additional Graphic Design Elements: $300
Budget to create additional design elements throughout the site (such as buttons, icons,
maps, and mini -banners).
Art Slice and Base Rocket Pages CMS Install (single template): $1,850
Proposed site to be fully content managed with Rocket Pages CMS (Content
Management System). System to allow site owner to manage pages and content for the
site. Includes art slice and full CSS layout for one (1) primary template. Includes all
navigation and site structure. Does not include "advanced" navigation features.
WordPress Blog - Installation and Basic Template Skin: $500
Includes installation of latest stable release of WordPress and basic template skinning.
Simple Web -to -Email Contact Us Form Widget: $100
Web -to -Email Contact Us form. Includes predefined list of standard field options (First/
Last Name, Email, Phone, Address 1, Address 2, City State, Zip, and Comm' ents).
Includes server -side form validation. Form contents to be emailed to up to five email
addresses.
Embedded Google Map: $150
Embed a clickable,Google Map on the Contact page of the web site.
Google Site Search (full site text search): $400
Interface with Googl.e Site Search to provide full site text search in the site template.
Google service fee of $1.00/year is additional.
Rocket lone fnterac`l%e
0; 0 1.ti_ 90 Ultotdrocke�ones.coni it' 1 k ilMOsj)MI
PO 1)ox 2l?"! < Fort Culhn<. CO 80
Embed Weather Plugin on Home Page: $50
Embed VVeather Channel plugin on the home page of the �veb site.
Custom Button and Link Out to Pilot Weather: $0
Set -Up a One Page Survey with Survey Service: $400
Includes setting -up a Survey Service account, setting -up one single -page survey, and 30
minutes of training on the tool (future surveys may be done by your staff if desired).
Third party Survey Service charges not included.
Copywriting: $450 (six hours q $75/hour)
Copywriting to be provided by Karla Oceanak. Karla's time can be used to write
original copy and/or review and provide feedback on existing content.
Total: $5,300
Auto Load NOTAMS from FAA: T13D
We are currently looking into options on this.
Data Entry / toad Site Pages: $35/page
Includes loading page content into the Rocket Pages CivIS. Navigation outline, text/
copy; and images to be provided by Fort Collins Loveland Airport staff (navigation
Outline is already nearly complete).
Rocket Pages Service Subscription (required for use of Rocket Pages): $49/month
Includes Rocket Pages, training, ongoing support, and email (up to 10 accounts). Please
note Nrat gerieral FTP access is riot granted to the clierit for Rocket Pages subscriptiori projects.
Hozvevcr, special directory access carr be granted ore request.
Page 2
A —r,1} I �_ ,•1[d E?f0.t'+ tr:nl`:� PL: .:,lllk `.1"s P�0.,.; r+e ,jl9 iln'P^'.ca �111
Project Notes:
* No other functionality (other than listed) is implied. Additional functionality to be
bid upon request.
* Rocket Pages projects include one domain name if needed (additional domains may
be secured and managed for $25/year per domain).
* All site content (text and graphics) to be delivered to Rocket Jones in digital formats.
* Data entry and content loading not included (un-less otherwise specified).
* Bid valid for 60 days.
* Project timeline to be determined and agreed upon between. Rocket, the client, and
the designer.
* Hosting server set-up, configuration, and troubleshooting included when project is
hosted with Rocket Jones.
* Payment Terms: 25% down to start, 50% at delivery of Nvorking system, and 25 jo, at
project completion. (before site goes live).
Special Note on IE6 Compatibility:
hilernet Explorer 6 (IE6) is now eight- years old (happy bi.rtlular/, old rnan). Starting in 2010,
Pocket fortes -will, rto lorrger be offering IE6 as a deftult browser compatibility orr. projects. Clierr.t4
toho desire f.rll compatibility with IE6 oil their sites will still be taken_ care of with the saine
Rocket Jones professional support and care but there will be an additional cltm•ge for this service.
Mote that zve do guaranteetlrrat all sites will still frutctior: properly in IE6 (risers will still be able
to navigate and use the site) br.r:t that, aesthetically, it will not necessarily render/display as it
does in modern brotosers. Heck, a lot of Loeb developers don't even address the isst-rel :-)
Page 3
!`!i;��-r
~t` -300 010 TU 10:04 rl'1 5irTE Ff I'1 DPIh1 Our.. rTT FAX 1,10, 9102-261809 P. 02
CERTIFICATE OF INSURANCE
This certi 3es that Z STA'E F,-RAC FIRE .AND CASUALTY CO'r1PAPlY, 3leomington, illincis
Lj STATE FARM GENERAL IiNSURAINCE CCIti4?A,, 'i, 6lcomington, Illinois
insures Ine foilowing policyhcider fc,r the coverages indicated be!o%v:
Nameofpclicyhclder Roc;cez Jcnees L•LC
Address of Pot lcyholdar 20 z dl.. S`.- SLe 2 t
F',C,rC Coln s, C'S 8052
Locxion cf ope."aticns See a6Cti e
Cescription of operations
1 h0 pclic'es listed b81G%v have been issued to the -pollcyholdef for the policy periods Shown. The insurance described in ih:ese pGIIC!?S !S
SLih.:- Ct �r All tF.P lPrrrS Pyril-i—, —4 rnn.-r{l;— ni Vine, T:— 1;—:,....( c". lil...L
{ _.-_. ..._ .......- -. .. �."...
I POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD
_ I Effectivo Date Expiration Date
l— .....1—,u— —.1 v' 01"i U1jv -I all ilJ.
LIMITS OF LIABILITY
at beUinning of policy period)
Comprehensive i
91 6 -?ems 1- 5 2 112 - 0 Business Liability 0 6 - ? o - 0 9 C S - 2'0 - 10
30DILY INJURY AND
PROPERTY DAMAGE
This insurance Includes: .&� Products - Completed Operaiicns
ED Contractual Liability
Underground Hazard Coverage
Each Occurr-ne.,: 51,000,00c,
Personal Injury
Adveitising Injury
General Aggregate S2,000,000
Exp!osicn :-'award cc-verage
Products - Ccnlpleled -----
a
Collapse hazard CCveragp
Operations Aggregate $ 2 , j j , 00.0
v
fit General Aggregate Limit applies to each project
—
EXCNSS.LIA.BILIT`r'
POLICY PERIOD
BODILY INJURY Ai^iD PROPERTY D tv— IAGE �
Effective Date Expiration Date
(Combined Singla :.unit)
rI Umbrella
Each Occurrence S
❑Other
_---
Aggregate $ i
l
7-10-09
7-10-10
Part t STATUTORY �-
9
Part 2 BODILY INJURY
Vlorkers' Compensation
and Ernrloyers Liability
Each Accident $ 100 , O00 i
Disease Each Employee $ 100, 000
Disease - Policy Limit $ 500, O00
POLICY NUMBER 1
TYPE OF INSURANCE
POLICY PERIOD
LIMITS OF LIABILITY j
I^�
Effective Dato Expiration Date
at begInning of policy eriodi J
i
t•iame and .A:;drass of Ce iricate 'Holder
^1CV of ,0, 1: C0 ! ii25
1zv C' f Loge ! c3:'? :,
9IE0 dart Aoa.c3
Lc%rel.ani i, CO 80520
556-�9q a 2.60 Pr:ntad in U.S.A.
u any ui me Cescrioec poncleS arc canceled before its
expiration date. State Farm %vill try to mail a ;•:ritten notice to
the certificate holder 3 0 days before cancellation, If,
however, we fail to mail such notice, no obl gaticn or iiabiiity
�,vill be imposed on State Farm or its agents or
recresentatives.
Sitiatura Of Auinarizad Roprz'ssni3:iaa —
Title
�. �...5.[PLCJ�.J"�J v,C��iEC, l�'•��yu ,�11$�5��"�"4l
�OF•FORTCO`
EST.•
Clerk
STATE OF
City of Fort Collins, Colorado
By
4-9,x_- s ic,il-V
Contractor
By:
Title: - P 2t Ne,( PA't—
ss.
COUNTY OF V-ae,00 ey )
The foregoing instrument was acknowledged before me this day of ,
2010 by
(Insert name of individual signing on behalf of the Contractor) (�
SPRY 'U.I otary's fficial signature
SAJOSTONEM I
Nam' . Commission expiration date
MY COMMISSION EXPIRES:
February 6, 2011,
Page 2 of 2
Form Revised 2/26/2010
0� 'S
cF 'Y
www.fortloveair.com - additional scope of work - vi (3/13/10)
Logo Update - design and layout: $685
Creative and pre -press production for updates and design modifications to current logo
and type -treatment This project includes:
• Creation of no less than FOUR initial design variations
• Logo Design shown in various vertical and horizontal formats in (two-color)
• Revision of chosen updated -concept to render one final Logo Design
• Final logo mark and type -treatment saved in color, black- and white, and various file
formats for print and web
Allow for FOUR rounds of revisions and edits to chosen design concept to produce
ONE final logo -and -type -treatment.
Graphics Style Guide design and layout (2 to 4 pages): $995
Design and development includes establishing usage guidelines for the newly updated
logo type -treatment. 0
0 1 pe-treatment. Guideline includes but is not limited to listing usage of logo
color, size, re -sizing, placement, negative space, acceptable typefaces for taglines,
headlines.
The manual will also show suggested logo placement within wireframe diagrams of a
folded brochure, postcard, advertisement, email template,
Website Image Library creation: $330
This project includes cropping, sizing and optimizing images to be placed within the
website, utilizing the content managed system (Rocket Pages). This exercise allows for
up to 20 images saved in two formats each (portrait and landscape).
Original images to be provided by client. Final edited images provided in jpg format.
Page 3 of 2 Form Revised 2/26/20 10
Project Notes:
* No other functionality (other than listed) is implied. Additional functionality to be
bid upon request.
* Rocket Pages projects include one domain name if needed (additional domains may
be secured and managed for $25/year per domain).
* All site content (text and graphics) to be delivered to Rocket Jones in digital formats.
* Data entry and content loading not included (unless otherwise specified).
* Bid valid for 60 days.
* Project timeline to be determined and agreed upon between Rocket, the client, and
the designer.
* Hosting server set-up, configuration, and troubleshooting included when project is
hosted with Rocket Jones.
* Payment Terms: 256/r, down to start, 50',,n at delivery of working system, and 25`%. at
project completion (before site goes live).
Special Note on IE6 Compatibility:
Starting in 2010, Rocket Jones will no longer be gffering IE6 as a defintll brozvser compatibility
on projects. Clients zvlto desire fill compatibility zoith IE6 on their sites tuill still be taken care of
with the same Rocket Jones professional support and care but there will be an additional charge
for this service. Note that me do guarantee that all site., ivill still function properly in IE6 (users
mill still be able: to navigate and use the site) but that, aesthetically, it will not necessarily render/
display as it does in modern brozvsers.
Page 2
Page 4 of 2 Form Revised 2/26/2010
PURCHASE ORDER
Date: 04/19/10
Vendor: ROCKET JONES INTERACTIVE LLC
PO BOX 2091
FORT COLLINS, CO 80522
Vendor #: Date Needed:
9580. 03/31/11
CITY OF LOVELAND
PURCHASING DIVISION
Loveland, CO 80637
Phone (970) 962-2696
Fax (970) 962-2918
TDD# (970) 962-2620
PO Number
Pa e
100576
1
Ship To: CITY OF LOVELAND
FORT COLLINS-LOVELAND
AIRPORT
4900 EARHART RD
Freight: LOVELAND,A&OdIlF'
018-5503-409.03-50
FOB: Responsible Party:
BRENDA ORNDORFF
Item Quantity Description Unit Price Total Price
1 i I 0000.00$ CREATIVE AND DESIGN SERVICES FOR NEW 1.0000 10000.00
AIRPORT WEBSITE
SUB -TOTAL 10000.00
TOTAL 10000.00
REMARKS:
See agreement dated April 1, 2010 for jetail.
The dollar amount stated on this purch se order
is a not to exceed amount and does not reflect
a guarantee or promise of funds expend d to
vendor on this agreement.
ITEM
#
DATE
RECEIVED
QUANTITY
RECEIVED
QUANTITY
DUE
PERSON
RECEIVING
CONTROL
#
FEDERAL TAX EXEMPT #A-138571
STATE TAX EXEMPT #98-03478
IMPORTANT - TO RECEIVE
PAYMENT ALL INVOICES AND
SHIPPING LABELS MUST
SHOW PURCHASE ORDER
NUMBER
PLEASE SEND INVOICE IN
DUPLICATE TO:
CITY OF LOVELAND
ACCOUNTS PAYABLE
500 EAST 3RI STREET
LOVELAND. CO 80537
THE RESPONSIBLE PARTY HAS CERTIFIED BY ITS REQUISITION THAT THIS PURCHASE IS
NECESSARY FOR THE PROPER OPERATION OF THE CITY OF LOVELAND AND THAT THE FUNDS
ARE APPROPRIATED IN THE CURRENT BUDGET.
PURCHASING COPY
PROCUREMENT CONTRACT ROUTING FORM J
All steps in this process are mandatory. Print completed routing form, attach to contracts and route as indicated below.
Initial and date each line as completed. Please allow at least one week for processing.
Contract Administrator: &kOC L�A,aCLi, Project Manager -
Project Name: l Contractor's Name:
Account #: 15160- !!�3 -- qbq — 63 " 6 ` Project #: , ��.U�'►-�- 4 ,
Who should sign? (Circle one) City Manager or De . (ment Direc I Other (insert name) Maig x��F,L`.O
Project Manager's Change Order Authority (if contract above 1,000,000): 224�i_
Are State/Federal grant funds being used? C Yes �No
Date item was approved by City Council or LUC, if applicable: Y11Al-,
Budget Balance Available (Less) Contract Amount Remaining Balance
Initial I rate
Contract Administrator
f 3 rcompleted
Complete section above. Prepare two original contracts and send to contractor for
completion. Inform contractor that they should not date the contracts. Check vendor
list on the iSeries system. If contractor is not listed, send a W-9 form and letter to be
by contractor and returned with the completed contracts. Upon receipt of the
executed contracts, ensure completion (notarization, appropriate exhibits, certificate of
insurance attached to EACH original contract, etc.), and route as indicated below.
end originals with quote/bid/sole source documentation to the Purchasing Office.
Purchasing Offic
ItVerify
Q
accuracy of account and project numbers. Verify that adequate funds have been
appro2riated. Verify that all purchasing policies have been followed and documented.
3 . _
Check Excluded Parties List System. (www.epls.aov)
3 1_ 10
Add contract to City Clerk's Routing Checklist. Send originals to Risk Management.
isk ana ement
—( --t.0 erify accuracy of certificate of insura ce. Sert to City Attorney's Office.
CR orne 's Office
I • Lb pprove as to form. Send originals to the person noted above for signature.
City Manager' Office or De artment Director! Other
Si n. Send originals to the City Clerk's Office.
2ity derk's Of i e
[Attest. Place one original in the vault; return one original to the Project Manager.
Contract Administrator .-
How are payments to be made. CIRCLE ONE PO FPO �4102CAR
Make necessary photocopies of contract.
One if paid with FPO or P-Card. Two if to be paid with PO.
Return the original to the contractor.
Place one photocopy in the Department's project file.
If PO is requested, send the second photocopy to the Purchasing Office. If paid with FPO
or PCard, keep Routing Form and eels in project file.
Purchasing Office
Produce a purchase order. Place a photocopy of the contract in the project file.
Db�
Va
If Federal/State grant funds are being used, provide copies of the purchase order and
contract to Accounting.
If you have any questions, please contact the Purchasing Office at 962-2696. Thank you.
�J
Revised 01/06/1,
SERVICES CONTRACT
This Contract is entered into this J day of &p'! , 2010 by and
between the City of Loveland, Colorado and City of Fort Collins, Colorado (Loveland and
Fort Collins collectively referred to as "City") and Rocket Jones Interactive ("Contractor" ).
Whereas, the parties desire to contract with one another to complete the following
project: Creative and design services to produce a new airport web site,
Now, therefore, in consideration of the mutual covenants and agreements contained
herein, the parties agree as follows:
1. Services. The Contractor shall perform the services set forth in Exhibit A,
attached hereto and incorporated herein by reference ("Services"). The Contractor
represents that it has the authority, capacity, experience, and expertise to perform the
Services in compliance with the provisions of this Contract and all applicable laws. The
City reserves the right to remove any of the Services from Exhibit A upon written notice
to Contractor. In the event of any conflict between this Contract and Exhibit A; the
provisions of this Contract shall prevail.
2. Price. The City shall pay the Contractor a sum not to exceed $10,000. The City
shall make payment within thirty days of receipt and approval of monthly invoices, which
shall identify the specific Services performed for which payment is requested.
3. er► This Contract shall be effective from April 1, 201.0 through March 31,
2011. This Contract may be extended or renewed by written agreement of the parties.
4. Appropriation. To the extent this Contract constitutes a multiple fiscal year debt
or financial obligation of the City, it shall be subject to annual appropriation pursuant to
the City of Loveland Municipal Charter Section I1-6 and Article X, .Section 20 of the
Colorado Constitution. The City shall have no obligation to continue this Contract in any
fiscal year in which no such appropriation is made.
5. Independent Contractor. The parties agree that the Contractor is an independent
contractor and is not an employee of the City. The Contractor is not entitled to
workers' compensation benefits from the City and is obligated to pay federal and
state income tax on anj ni ney earned pursuant to this Contract.
6. Insurance Requirements.
s
a. Policies. The Contractor and its subcontractors, 1f any, shall procure and
keep in force during the duration of this Contract the following insurance policies and
shall provide the Cite with a certificate of insurance evidencing upon execution of this
Contract:
(i) Comprehensive general liability insurance insuring the Contractor
and naming the City as an additional insured with minimum combined single
Page I of 6 Form Revised 2/26/2010
lirllits of $I1 000,000 each occurrence and $1.000.000 aggregate. The policy shall
be applicable to all premises and operations. The policy shall u1CILI(le coverage for
bodily iiliurv.. broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts). blanket
contractual, independent contactors; products, and completed operations. The
policy shall contain a severability of interests provision.
(ii) Comprehensive automobile liability insurance insuring the
Contractor and naming the City as an additional insured against any liability for
personal iniury, bodily IrllLlr-Y. or death arising out of the use of motor vehicles and
covering operations on or off the site of all motor vehicles controlled by the
Contractor Which are used in connection with this Contract, whether the motor
vehicles are owned, notiowned, or hired, with a combined single limit of at least
$1.000.000.
(iii) Professional liability insurance insuring the Contractor against any
professional liability with a limit of at least S1,000,000 per claim and annual
aggregate. (Nole: this policy droll onh, be Iequirecl if' the Cor�trcictor is an
archilect, engineer. sw-vevor, cippraisei; pltu.�i�`iciit, 011007CY (ICC01mic1i-71, 01' other
liceirse(l pr t� ssio110/.) _
(iv) Workers' compensation insurance and all other itlsurance required
by any applicable lase. (Note: if tirtcler Coloroclo low the C'onlrocl'oi- is nol
requi.mci to cony iroi-kers'eonrpensotioi7 insui—wice, the Contractor slu'ill execute
ce Certificate of Exemptimi (m(l 64,'oivei; otlochecl hereto cis Exhibit p ona
incorpoi-wecl herein by reference.)
b. Requirements. Required. insurance policies shall be with companies
qualified to do business in Colorado with a general policyholder's financial rating
acceptable to the City. Said policies shall not be cancelable or subject to reduction in
coverage limits or other modification except after thirty days prior written notice to the
City. The Contractor shall . identify whether the type of coverage is "occurrence` or
"claims made." if the type of coverage is "claims made," which *at renewal the
Contractor changes to "occurrence;" the Contractor shall carry a six-month tail.
Comprehensive general and automobile policies shall be for the mutual and joint benefit
and protection of the Contractor and the City. Such policies shall provide that the City;
although named as all additional insured, shall nevertheless be entitled to recover under
said policies for any loss occasioned to it, its officers. employees; and agents by reason of
negligence of the Contractor, its officers, employees, agents, subcontractors, or business
invitees. Such policies shall be written as primary policies not contributin�� to and not in
excess of coverage. the City may carry.
7. Indemnification. 'The Contractor agrees to indemnify and hold harmless the City.
its officers. employees. and agents from and against all liability, claims. and demands on
account of arty injury; loss. or clanlaoc arisin<<, slut of or connected with the Services, i1 such
injury, loss. or dallla<Qe, or Duty, portion thereA, is caused by, ter claimed to be caused by, the
act. orllission. or other faLllt of the Contractor or any subcontractor of the Contractor. or
11a. c 2 of 6 Form Revised 2/26/2010
any officer. employee, or agent of the Contractor or any subcontractor; or any other person
for whom the Contractor is responsible. The Contractor shall investigate, handle. respond
to. and defend against any such liability, claims, and demands. and Shall beat' all other costs
and expenses related thereto. including court costs and attorneys' fees. The Contractor's
indemnification obligation shall not be construed to extend to any injtu�-, loss. or damage
10 the extent cruised by the act, omission. of other IaUlt Of the Citw. This paragraph shall
Survive the teImination of expiration this Contract.
8. Governmental Inlnlunity Act. No terns or condition of this Contract shall be
construed or interpreted as a waiver, express or implied, of any of the in111ninitieS, ri(,hts,
benefits, protections, or other provisions of the Colorado Governmental 1111nrilllity Act;
C.R.S. §5 24-10-101 e/ seq.
9. Compliance with Applicable. Laws.
a. Generally. The Contractor shall comply with all applicable federal, state,
and local laws, including the ordinances. resolutions, rules, and regulations of the City. The
Contractor shall solelay y be responsible for pm of all Applicable taxes and for obtaining
and keeping in force all applicable permits and apprcn-aIs.
b. ' C.R.S. S 8-17.E-101. The Contractor hereby certifies that, as of the date of
this Contract. it does not knowingly employ or contract with an illegal alien who \yill
perform work under this Contract arld that the Contractor will participate in the e-veri'fy
program or Colorado Department of Labor and Employment (:Department") program as
defiled in C.R.S. § 8-17.5-101 in order to confirm the employment eligibility of all
employees who are newly hired for employment to perform work under this Contract.
The Contractor shall not know-ingly employ or contract with an illegal alien to perform
works under this Contract or enter into a contract with a subcontractor that fails to certify
to tile. Contractor that the subcontractor shall not knowingly employ or contract with an
Illegal alien to perform work under this Contract. The Contractor certifies that it has
confirmed the employment eligibility of all employees who are newly hired for
employment to perform work under this Contract through participation in either the e-
verify program or the department program. The Contractor is prohibited from using
either the e-verify program or the department program procedures to undertake pre-
employment screening of.lob applicants while this Contract is being performed. If the
Contractor obtains actual knowledge that a subcontractor performing \vork under this
Contract kiiowingly employs or contracts with an illegal alien. the Contractor shall be
required to: (1) notify the Subcontractor and City within three days that Contractor has
actUal knolwledt`Te that the Subcontractor is employin`_', of contracting with an illegal alien;
and (ii) terminate the subcontract with the subcontractor if within three days of receiving,
the notice required pursuant to this subparagraph the subcontractor does not stop
employing or contracting with the illegal alien: except that Contractor shall not terminate
the contract with thee subcontractor if durinVJ such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted
with an illegal alien. The Contractor shall comply with any reasonable request by the
Department made in the course of an investigation that it is undertaking ptn-suant to the
ainhority established in C.R.S. Article 17.5. If the Contractor violates this paragraph; the
1'a�e 3 ot'6 Form Revised 2/26/2010