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HomeMy WebLinkAbout438171 BIKE FORT COLLINS - CONTRACT - AGREEMENT MISC - BIKE FORT COLLINS (3)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 Bike Fort Collins, 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, 2013, and shall continue in full force and effect until December 31, 2013, 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 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 q. Services Agreement Page 1 of 8 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. 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. Services Agreement Page 8 of 8 '�1� �® CERTIFICATE OF LIABILITY INSURANCE 3�12/2013 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 McKay Insurance Agency, Inc. 106 East Main Street P G BOX 151 Knoxville IA 50138 CONTACT Terri Van R S k NAME: y wY PHI . (641)842-2135 alc o.(641)828-2013 E-MAIL tvanr s k@mcka insa enc com ADDRESS: Y wy Y 4 y INSURERS AFFORDING COVERAGE NAILA INSURER A:Philadel hia Indemnity Ins Co 18058 INSURED Friends of the Fort Collins Bicycle Program, PO BOX 1632 Fort Collins CO 80522-1632 INSURER B INSURERC: INSURER D: INSURER E 1 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1331230749 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. NOTWITSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE ADDLSU JUM n POLICY NUMBER Err MMIDDIYYYY POLICY EXP MM IDDNYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FxIOCCUR X PHPK991182 /9/2013 /9/2014 DAMAGE TO RENTED PREMISES Ea occunenc $ 100, 000 NED EXP(Any one person) $ Exclude PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GENE AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO S 3,000,000 X POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DEO I I RETENTIONS 1 $ WORKERS COMPENSATION VJC STATU- OTH- AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNER/EXECUTIVE El, EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N I A El DISEASE - EA EMPLOYE $ (Mandatory In NH) Use, essence under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONSI LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space Is required) For the Safe Routs to School Program. Certificate holder is an additional insured but only with respect to liability arising out of the operations of the above named insured. City of Fort Collins Risk Management PO BOX 580 Fort Collins, CO 80522-0580 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Scott Ziller/TANYA 25 (2010105) INS(125r9n1nnfii ni Thn hr.OPD nomc and Innn nro rcniafnrnd mar4e of Ar.r)Rr) All rioht% rBSBrVed. Colorado Secretary of State - Summary http://www.sos.state.co. us/biz/TradeNameSummary.do?qu itButtonDestin... Forth is Record... History & Doaments Show EraftyFilSummary a Document Do S. Schwabe Emailail HotHbtbn Unsubsclibe Email Notifimtlon ID Number: 20091228777 Trade Name: Bike Fort Collins Business Home Badness [reformation Business searm True Name of RegistrantFriends of Fort Collins Bicycle Program, Inc. Primary Residence or Usual Place of Business Street Address: Not Applicable Fags, Glamanon and Primary Residence or Usual Place of Information Business Mailin Address' Not Applicable 9 , i Status: E((ective ' Form: Nonprofit Corporation I Formation Date: 04/23/2009 i Expiration Date: Not Applicable I Renewal Month: Not Applicable You may: a View History and Documents a Show Entity a File a Document I a Set Up Secure Business Filing for this Record a Subscribe to email nohficetion regarding this record a Unsubscribe from email notification regarding this record Terms and Conditions V,��r`t�s Ftis /aNe �2rEr/�S OF j X G9�� Gow[ •�S /�iriYG� /°20GA/i�t OA/r rN � SAME . I of 1 4/19/2013 8:54 AM 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: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Bike Fort Collins Attn: Purchasing Attn: Nancy Nichols, SR2S PO Box 1632 PO Box 580 Coordinator, Advance Fort Collins, CO 80522 Fort Collins, CO 80522 Planning Attn: John Homan, VP PO Box 580 'homan(a)lifelinecs.com 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. 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 "A", consisting of two (2) pages, 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 Services Agreement Page 2 of 8 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. 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. Services Agreement Page 3 of 8 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 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 Services Agreement Page 4 of 8 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 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 Services Agreement Page 5 of 8 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 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. Services Agreement Page 6 of 8 CITY OF FORT COLLINS, COLORADO a municipal corporation By: JamCs BI O'Neill II, CPPO, FNIGP Dire' or f Purchasing and Risk Management Date: , :� 3 � r 3 �l 6c Bike Fort Collins By: -%9 PR NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: �'\/ / r / /: ATTEST: (Corporate Sea[) CORPORATE SECRETARY Services Agreement Page 7 of 8 EXHIBIT A Cfty of /F6rt Collins Nz: Bike Fort Collins Fort Collins Safe Routes to School Service Agreement 2012-13 Colorado Department of Transportation Non -Infrastructure Grant A. Bike Fort Collins will conduct pedestrian and bicycle safety education for K-5 students as part of the Fort Collins Safe Routes to School program. Bike Fort Collins will conduct in -school classes at one elementary school (Irish Elementary or Putnam Elementary). ii. Bike Fort Collins is responsible for scheduling classes directly with the school's PE teacher and for keeping the principal apprised. The City must be copied on all communication with the school. iii. Bike Fort Collins is responsible for registering all instructors and/or volunteers with the Poudre School District Partnership Center prior to teaching any classes at PSD schools. Bike Fort Collins will provide the City with a spreadsheet of registered instructors/volunteers at least one week in advance of any scheduled classes. iv. Bike Fort Collins will utilize a local SRTS curriculum that is based on the CDOT SRTS curriculum, the Bicycle Colorado SRTS curriculum, League of American Bicyclists "Smart Cycling" curriculum, and other SRTS resources. The program, at a minimum, will include: a. Importance of wearing a bike helmet and proper helmet fitting b. Bicycle and pedestrian laws, rights, and responsibilities c. A-B-C Quick Check d. Practical pedestrian practice and on -bike bike safety course V. Bike Fort Collins is responsible for providing all classroom and bike -safety course materials (with the exception of the SRTS bike fleet, which will be provided and delivered to the school by the City's SRTS program). Classroom and bike -safety course materials include presentation boards, sample bicycle helmets, hazard cones, handouts, give-aways, etc. vi. In addition to hosting safety training for the students, this school will serve as a site for new and prospective SRTS trainers to gain practical experience delivering the SRTS curriculum to students. B. Bike Fort Collins will conduct Family Bike Rodeos for K-8 students and their parents as part of the Fort Collins Safe Routes to School program. Bike Fort Collins will work with the City's SRTS coordinator to schedule and conduct at least eight (8) Family Bike Rodeos and related SRTS events in 2013, which may include: ,moof t_` ins "Roll Into Spring" Family Bike Rodeo (at PSD Early Head Start/Fullana Center), Lesher Middle School Bike Week, CSU Ram Bicycle Classic Bike Rodeo, Laurel Elementary Wellness Fair, Boys and Girls Club Bike Rodeo, Kruse Elementary Bike Day, Werner Elementary Tour de Cat, CSU University Village Wellness Fair, and others upon request ii. Assistance with after -school bike clubs and other SRTS-related activities, such as the O'Dea Elementary Kids Triathlon, is acceptable for this portion of the service agreement (with pre -approval by SRTS coordinator). iii. A pre- and post-test for participants will be developed and administered at the rodeos to help gauge program effectiveness. C. Bike Fort Collins will conduct a Train the Trainers (TTT) program as part of the City's SRTS program. Bike Fort Collins will create a local SRTS curriculum notebook that will become a section of the City's SRTS Resource Notebooks for schools. The curriculum notebook will be used to guide K-8 in -school trainings and for TTT workshops. The curriculum will be based on the CDOT SRTS curriculum, the Bicycle Colorado SRTS curriculum, League of American Bicyclists "Smart Cycling" curriculum, and other SRTS resources. BFC will also create a PowerPoint presentation for the TTT workshops. ii. Bike Fort Collins will provide technical assistance for the assembly of new SRTS bike rodeo kits. iii. Bike Fort Collins will train at least 20 PE teachers and other teachers/staff, and 30 other individuals, and trainees' names and contact information will be shared with the City for future participation in SRTS activities. Individuals targeted for the TTT program will include family members of students, school resource officers, and other community members interested in teaching bicycle and pedestrian safety to K-8 students. D. The City of Fort Collins will compensate Bike Fort Collins in an amount not to exceed $20,000 for work performed during the 2012-13 school year, or no later than June 31, 2014, as necessary to complete the scope of work. Payments to Bike Fort Collins will be made after the work outlined in the scope of work is performed and the invoice approved by the City. Invoices shall be submitted monthly, and they shall meet the following two criteria: Fulfill Colorado Department of Transportation invoicing requirements for the federal Safe Routes to School program. ii. Consistent with the grant scope of work and City of Fort Collins service agreement.