Loading...
HomeMy WebLinkAbout452124 LIBERTY BELL TELECOM - CONTRACT - BID - 7176 TELEPHONE LINESSERVICES 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 Liberty Bell Telecom, LLC, 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. 2. Contract Period. This Agreement shall commence February 1, 2011, and shall continue in full force and effect until January 31, 2012, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 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 thirty (30) 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 thirty (30) days prior to 1 SA rev03/10 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. 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. Rev7/2009 Liberty Bell Awards final 1125111 EXHIBIT C COST MATRIX BTN Circuit ID Location Product Description CITY Liberty -Bell Liberty- Bell Liberty -Bell Liberty -Bell Extended Monthly_ Charge One -Time Install Fee (if any) Total Fees and Surcharges (if any) Total monthly +fees 970-472-3000 9704723000 300 Laporte Ave 1-WAY IN 1 39.6 152.83 970-472-3001 19704723001 300 Laporte Ave 2-WAY ANALOG 1 54.34 93.94 152.83 246.77 970-484-4222 9704844222 300 Laporte 2-WAY ANALOG 1 52.84 10.73 970-484-4229 9704844229 300 Laporte 2-WAY ANALOG 1 52.84 10.73 970-484-4283 9704844283 300 Laporte 2-WAY ANALOG 1 52.84 10.73 970-484-4286 9704844266 300 Laporte 2-WAY ANALOG 1 52.84 10.73 970-484-4288 9704844288 300 Laporte 970-667-0764 29.IBXX.042301 5824 Wright Dr, Loveland CO 2-WAY ANALOG 1 11SDN SERVICE 7 52.84 10.73 264.2 53.65 314.85 67.47 970-224-1184 129.UCXX.001466 1441 E Horsetooth Rd OPX ANALOG 1 55 970-224-1186 29.UCXX.001468 2067 Vermont Or OPX ANALOG 1 55 970-224-1189 29.UCXX.001471 3400 W Vine Dr OPX ANALOG 1 55 970-224-1195 29.UCXX.001476 2718 E Mullberry St OPX ANALOG 1 74,53 970-224-1197 29.UCXX.001478 1441 E Horsetooth Rd OPX ANALOG 1 82.73 970-224-1198 29.UCXX.001479 1441 E Horsetooth Rd OPX ANALOG 1 82.73 970-224-1201 29.UCXX.001482 2511 Donella Ct OPX ANALOG 1 76.18 970-224-1206 29.UCXX.001487 413 S Bryan Ave OPX ANALOG 1 55 970-224-1207 29.UCXX.001488 3000 Mathews OPX ANALOG 1 55 970-224-1210 29. UCXX.001491 4615 Hogan Or OPX ANALOG 1 55 970-224-1211 29.UCXX.001492 2511 Donella Ct OPX ANALOG 1 55 970-224-1212 29.UCXX.001493 2817 N Overland Tr OPX ANALOG 1 SS 970-224-1219 29.UCXX.001496 1400 Riverside Ave OPX ANALOG 1 55 970-224-1222 29.UCXX.001499 49 14 Shoreline Dr OPX ANALOG 1 55 970-224-1223 29.UCXX.001500 2067 Vermont 1 OPX ANALOG 1 55 970-224-1243 29.UCXX.001505 321 Country Club Rd JOPX ANALOG 1 55 976.17 976.t7, I �— ACORD CERTIFICATE OF LIABILITY INSURANCE °ATE(MMI°D Y, *^^ 02/02/2011 PRODUCER Phone: (303)77B-1900 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Pruett SCholes Insurance Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 409 Pennsylvania St. HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR y ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver, CO 80203 License #: 273114 INSURERS AFFORDING. COVERAGE NAIC # INSURED Liberty -Bell DBA Liberty -Bell Telecom 2460 W 26TH AVE #380-C DENVER. CO 80211 COVERAGES INSURERA'. 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. INBR IADO'U TR N TYP F N R N c 1 POLICY EFFECTIVE F POLICY NUMBER TMMI M' 1POI CYEXp1RAT1oN DATA NM I KY LIMITS A Y I GENERAL LIABILITY 34SBAIS2633 j 06/18/2010 06/18/2011 EACH OCCURRENCE IS 1 000 000 IX I COMMERCIAL GENERAL LIABILITY II��II CLAIMS MADE 1x:1 OCCUR DAMA _ NTED PREMISES (Ea occurencel MED EXP (Any one person) S 1 0Q0 O00 S 1 O 000 PERSONAL&ADV INJURY $ 1 OD0000 5 2,000,000 GENERAL AGGREGATE PRODUCTS - COMP/DPAGG _ GEN'LAGGREGATE LIMIT APPLIES PER S 2,000,000 IX I POLICY F I PROT I LOS i A Y AUTOMOBILE LIABILITY MY ALTO 34UECNJ9570 10611812010 106/18/2011 1 COMBINED SINGLE LIMIT (Eaa"toen`) B 1.01011000 000 JALL I OWNED AUTOS SCHEDULED AUTOS - BODILY INJURY (Per person) S Ix I I HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) S I (PeOr DAMAGE amdent) I S - GARAGE LIABILITY AUTO ONLY - EA ACCIDENT IS II ANY AUTO —II OTHER THAN EA ACC AUTO ONLY: AGE S S EXC ESSNMBRELLA LIABILITY OCCUR CLAIMS MADE EACHOCOURRENCE $ I AGGREGATE - S DEDUCTIBLE $ RETENTION S S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNELEXECUTIVE OFRCERMEMSER EXCLUDED? 34WECJV4342 - 08/01/2010 08/01/2011 I - I oCSTATU- IOTRH-I E.L. EACH ACCIDENT S SQO OOO E.L. DISEASE - EA EMPLOYEES 500000 Ryes, nescribe under PROVISIONS below SPECIAL PRO E.L. DISEASE - POLICY LIMIT S 500000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Fort Collins NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL P.O. BOX 580 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Fort Collins, CO 80522 REPRESENTATIVES. AUTHORIZEDREPRESENTATVE - - .f�� (JDP) ACORD 25 (2001/08) © ACORD CORPORATION 1988 Printed by JDP on February 02, 2011 at 10:45AM 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: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Liberty Bell Telecom, LLC Attn: Purchasing Attn: Kathryn Henggeler, MIS, Attn: Mark Schmitt, Business PO Box 580 Telecom Systems Specialist Services Director Fort Collins, CO 80522 PO Box 580 2460 West 26l" Avenue Fort Collins, CO 80522 Suite 380-C Denver, CO 80211 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "C", consisting of one (1) page, and incorporated herein by this reference. 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. 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 2 SA rev03/10 responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City- 9. Acceptance Not Waiver, The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. C. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek c SA rev03/10 damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the 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. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or 0 SA rev03/10 representations not contained in this Agreement shall not be binding on the. parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. 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 R SA rev03/10 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. 0 SA rev03/10 CITY OF FORT COLLINS, COLORADO a municipal corporation q�� By: � b� - Jams 'Neill II, CPPO, FNIGP Direc of urchasing and Risk Management Date: G Liberty e Telecom, LLC By: �v L16r-,E2 PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: 3- II- DDI ATTEST: (Corporate Seal) CORPORATE SECRETARY SA rev03/10 EXHIBIT A SCOPE OF WORK 1. PURPOSE: The Service Provider will assume responsibility for the operation of designated existing Telecom circuits, per the designated Cost Matrix (Exhibit C). 2. POTENTIAL CIRCUIT ADDITIONS: The City of Fort Collins will have the opportunity to add additional services to its account with Service Provider at any time. Standard interval for installation of new 1 FB lines is seven (7) days, and installation of new OPX services is approximately fourteen (14) days. New orders are placed by calling or sending an email to the Business Support Services Team; they are available Monday through Friday from 8:00 a.m. to 5:00 p.m. by telephone at (303) 831-1977 (Option 2,2), or by email at bizsu000rt0libertvbelltelecom.com . 3. CITY SUPPORT TEAM & PROCESS: Provisioners: Mr. Jarmond Johnson; email idiohnson a libertybelltelecom.com Ms. Fiorella Lagomarsino; email fagomarsino(c)libertybelltelecom.com Business Services Group Supervisor: Mr. Darin O'Toole; email dotoolealibertybelltelecom.com Provisioning Supervisor: Ms. Jaime Todd; email itodd(cDlibertybelltelecom.com 24x7 Support provided for City of Fort Collins; on -call technicians available 24x7. Standard Business Hours 8:00 a.m.-5:00 p.m. M-F. After hours live technicians are immediately available for loss -of -service issues and have 24 hour access to Tier 2 escalation team. If urgent after hours request are not responded to within 20 minutes, Business Support Services Group Supervisor (Mr. O'Toole) is notified. If Business Support Services Group Supervisor does not retrieve the message, company officers including the COO and CEO are notified. General Support: The City can contact Service Provider's Business Support Team by calling the main number 800-301-0788 or 303-831-1977 locally during business hours Monday -Friday 8:00 a.m.-5:00 p.m. Pressing 3, then 2 again will place the City caller into the Business Support Queue which is manned by Service Provider's entire Business Support Team, including supervisors. Average hold time in this queue is less than one (1) minute. At any time the City may opt out of this queue and leave a message in the Business Support Hotline. That voice message is immediately delivered to ALL members of the Business Support Team via email, including Special Team members and direct Supervisors. The City may also email requests to BizSupportpLibertyBellTelecom.com . During business hours, these emails are distributed to ALL members of the Business Support Team, including Special Team members and direct Supervisors. The Supervisor then ensures that the City's request is being handled by a member of the Special Team. Management Support: Service Provider's Business Services Director, Mr. Mark Schmitt is also available for direct inquiries and escalations. He is personally responsible for maintaining City accounts, not just escalations. His direct number is 720-200-8876 and his email is mschmitt(cDlibertybelltelecom.com . Next Day Repair Guarantee: Service Provider commits to having technicians dispatched from Service Provider and/or our supporting vendors by next business day without fail. Inventory: Service Provider commits to having technicians with vehicles stocked with inventory to complete most repairs on the first visit. This inventory includes DSL equipment, cabling materials, and the necessary tools and testing equipment to complete most onsite repairs in a timely manner. Preventive Maintenance: Service Provider performs the maintenance on the networks during non -peak hours generally betweeh 11:00 p.m. and 4:00 a.m. when necessary. It is possible during these times that certain aspects of the business may be temporarily unavailable such as voice messaging services.