HomeMy WebLinkAbout406328 C AND D SECURITY - CONTRACT - BID - 6011 SECURITY SERVICES FOR PARKING STRUCTURESSERVICES 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 C & D Enterprises Inc. dba C & D Security, 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 five (5) pages and incorporated
herein by this reference.
2. Contract Period. This Agreement shall commence January 1, 2007, and shall continue
in full force and effect until December 31, 2007, 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 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
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Section 2.0: Bid Requirements
2.1 General Description of Services
The City of Fort Collins is soliciting bids from contractors who provide qualified armed guard
security personnel. The intent is to have a security guard in the parking structures at specific
times each day. The guard will perform regular foot patrols and vehicle patrol of the specific
structures throughout the evening and early morning hours.
2.2 Awarded Bidder Submittals
a) A written description of previous past experience related to security guard services similar to
that required here.
b) Provide indication of past and current contracts that would illustrate the bidder's ability to
perform the services required in this contract.
c) Provide technical qualifications; include equipment list and staffing plan for this contract.
d) A management plan for this contract, including organizational format, lines of authority,
communication and responsibility.
e) Identify by name, phone number and title, the key management person who will provide
overall supervisory and policy authority for the contract.
2.3 Awarded Bidder References
a) Provide at least three (3) references including:
Company/Institution, Address, Contact Name and Phone number.
Section 3.0: Specifications
3.1 Specifications required of agencies wishing to perform security service for the City of Fort
Collins Parking Services Department:
a) Two Security Officers will be needed to cover rounds for both parking structures according to
the following hours:
1) Sunday -Wednesday 7:00pm to 3:00am. Thursday -Saturday 8:00 pm-4:00 am.
2) Additional personnel may be requested during special events i.e., concerts, festivals, or
similar occasions.
b) One extra Security Officer (for a total of three) is required Thursday -Saturday
8:00 pm-4:00 am
3.2 Security guards must be Colorado P.O.S.T. certifiable as a police officer.
3.3 Security guards must be trained and be allowed to use pepper spray and a baton.
3.4 Security guards must have a background. check by the agency going back five (5) years.
Security guards must never have been convicted of a felony. The security agency must require
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a physical and urine analysis testing before hiring. A review of each individual's background
check and an interview of each candidate by the City of Fort Collins representative must occur
before an authorization will be given to allow any security guard to work in the parking
structures. Violation of this specification will be grounds to terminate services with the security
services provider.
3.5 Security guards must carry firearms and be trained by the security agency on their use. Each
guard must qualify with the firearm twice per year. Qualification records must be available upon
request to the City of Fort Collins Police Department.
3.6 Security guards must be trained and be kept current in American Red Cross first aid and C.P.R.,
or equivalent.
3.7 Security guards must read and write the English language to enable them to maintain a daily log
of events and to converse with the public while working.
3.8 Security guards must wear an approved uniform at all times while on duty, which clearly
identifies their official capacity. Their appearance must be neat and professional. Uniforms will
be supplied and maintained by the security agency.
3.9 The security agency must provide the proper amount of Worker's Compensation Insurance to
security personnel. The security agency is responsible for compliance with all federal and state
wage and labor laws.
3.10 The agency must be familiar with OSHA (Occupational Safety and Health Act) and operate
within those guidelines.
3.11 Security personnel should be permanently assigned when possible.
3.12 The agency must provide personnel to cover the duties at each facility in the event of an
illness or an emergency.
3.13 The security agency will be responsible for removal of personnel servicing this contract who do
not meet or perform in accordance to the requirements in this contract.
3.14 All prices quoted should be firm and fixed for the specified contract period.
Section 4.0: Equipment Requirement
4.1 Security personnel will be supplied with an office in the Civic Center Parking structure. They will
be provided with a telephone, 2-way radios, desk and office supplies. One reserved parking
space will be assigned for the security car at the Civic Center Parking Structure. No parking will
be provided at the Old Town Parking Structure. Personal cars will be charged a fee like any
other patron.
4.2 The contractor will provide communications equipment as follows:
a) Cellular phone (required)
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4.3 The agency must provide and operate an assigned vehicle. The vehicle must be equipped with
a light bar and the security agencies name and graphics.
Section 5.0: Personnel Requirements
5.1 The personnel assigned to the City parking structures will have constant contact with patrons
who park there. It is imperative that the individual assigned to these facilities possess good
interpersonal and customer service skills. They should be comfortable and proficient in working
with a diverse population. They should be skilled at defusing potential conflicts.
5.2 The security officer must be at least twenty-one (21) years of age. They must have a valid
Colorado Driver's License. They must have a High School diploma or G.E.D. (General
Equivalency Diploma).
5.3 All persons servicing this contract shall be in good physical health and fully capable of
performing normal or emergency duties requiring moderate to arduous physical exertion such
as standing or walking for an entire shift, climbing stairs, running and self-defense. In addition,
persons servicing this contract will be competently and thoroughly trained to perform their
assignment.
Section 6.0: Payment
6.1 Operating cost for each structure will be tracked and accounted for independently. Payment for
services are paid monthly.
Section 7.0: Contract
7.1 Service Agreement
Awarded bidder must enter into the attached services agreement (SAMPLE) and provide the
required insurance. This agreement is effective for one year from the date on the service
agreement. 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. Pricing changes shall be negotiated
by and agreed to by both parties. The the Denver — Boulder CPI-U as 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.
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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.
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under this Agreement shall be effective when mailed, postage prepaid and sent to the following
addresses:
City:
City of Fort Collins, Purchasing
PO Box 580
Fort Collins, CO 80522
Service Provider:
C & D Enterprises, Inc.
dba C & D Security
Attn: James Gasper
306 Delaware Dr
Colorado Springs, CO 80909
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:
• Old Town Parking Structure $3,858.00/month x 12 = Year Total $46,300.80
• Civic Center Parking Structure $6,771.00/month x 12 = Year Total $81,252.00
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 responsibilities nor
delegate any duties arising under the Agreement without the prior written consent of the City.
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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 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
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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 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. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said work.
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Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that:
A. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien; and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification 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 "Basic
Pilot Program") in order to verify that Contractor does not employ any illegal
aliens.
B. Contractor shall not knowingly employ or contract with an illegal alien to perform
works under this Agreement or enter into a contract with a subcontractor that fails to
certify to Contractor that the subcontractor shall not knowingly employ or contract with
an illegal alien to perform work under this Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until Contractor is
accepted or the public contract for services has been completed, whichever is earlier.
The requirements of this section shall not be required or effective if the Basic Pilot
Program is discontinued.
D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
E. If Contractor obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Contractor shall:
1. Notify such subcontractor and the City within three days that Contractor 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 Contractor 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.
F. Contractor 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.
G. If Contractor 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, Contractor shall be liable for actual and consequential
damages to the City arising out of Contractor's violation of Subsection 8-17.5-102,
C.R.S.
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H. The City will notify the Office of the Secretary of State if Contractor violates this
provision of this Agreement and the City terminates the Agreement for such breach.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
BY: ' — C
James B. 'Neill II, CPPO, FNIGP
Directo f Purchasing and Risk Management
Date: / Z12Q�a6
I
T:
L WW. 9
City Clerk
APT T FORM:
Assist CiTyy ARorrfey
ATTEST:
CORPOTA'TE SECRETARY
C & D Enterprises, Inc.
dba C & D Se urit
By:
PRINT NAME
1 a c �GP d2oPs:�x
CORPORATE PRESIDENT OR VICE PRESIDENT,--;,fcVC, `� y
Date: 10 � I- D to •'. ���5
(Corporate Seal) o ? W
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State of _Colorado.
County of El Paso
On _December 27 , 2006 , _Troy Thames personally
appeared before me,
✓ who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation of
a credible witness
to be the signer of the above document, and he/she acknowledges that he/she signed it.
MY Commission Expires
05/31/2009
EXHIBIT A
SCOPE OF WORK AND SPECIFICATIONS
Section 1.0 Scope of duties related to daily operations:
1.1 Background
The City of Fort Collins is responsible for operating two parking structures in the core downtown
area. The intent of this bid is to solicit security guard services for both facilities. Two security guards
will be required with one stationed at each facility. The expectation is that each officer would be
responsible for all phases of building protection, including, but not limited to: guarding the premises
against fire, theft, pilferage, malicious injury, damage and destruction. Safety of the booth
attendants and the patrons utilizing the parking structures is ranked as the primary importance of
this service.
The Old Town Parking Structure is located at the corner of Remington Street. and East Mountain
Avenue. in downtown Fort Collins. The parking structure is approximately 104,000 square feet with
four parking levels. There are two stairwells. The north stairwell is enclosed and has an elevator. A
parking attendant is stationed in the booth and access is controlled by automated equipment during
specific hours. Currently, security personnel provide coverage on the following schedule: Sunday
through Wednesday 7:00 pm until 3:00 am, Thursday through Saturday 8:00 pm until 4:00 am.
Patrols are done at 15-20 minute intervals. Security guards patrol on foot. At an undisclosed time
after closing the security guard removes money from a drop vault. Money is then transported to
First National Bank and deposited in the night deposit drop. The coordination with the guard at Civic
Center for use of the vehicle will be needed.
The Civic Center Parking Structure (CCPS) is located at the intersection of LaPorte Avenue and
Mason Street. The structure is 304,000 square feet with four levels and a fifth tier. Co -located on
the west side of the building is 15,000 square feet of retail space that is owned and operated by
Post Modern Development, Inc.
CCPS has two stair/elevator towers and two additional stairwells. A pedestrian walkway from the
CCPS to the Opera Galleria provides access and egress to College Avenue at the second level.
There are also two pedestrian breezeways on the West Side of the structure allowing for
access/egress to retail businesses and Mason Street.
Parking operations are similar at this location with the exception of two entrance/exit locations both
having a booth, an attendant and automated gate arms. Rounds are accomplished by foot patrols
and with the use of the patrol car.
A Security office will be provided at the south east end of the structure for personnel provided from
the security agency.
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1.2 Scope of Work:
a) The area of coverage should be within the parking structures with the exception of exigent
circumstances.
b) Routine rounds of the facilities should be performed every 15-20 minutes.
c) Security personnel must be available to insure the booth attendant's safety at bar closure,
shift end, and anytime the attendants notify security that they need to leave the booth.
d) All secured areas should be locked at the specified times. The areas include but are not
limited to the following:
1) 2 Breezeways allowing access to Mason Street.
2) Walkway to Opera Galleria
3) Loading dock
4) Entrances and exits
e) Guard services will be required to pick up money from the drop vaults located in the
attendant booths. The money maybe temporally moved to another vault or the bank or as
directed by the City Representative.
f) Guards will monitor and assist parking staff with disgruntled customers on an as need basis
should conflicts arise. The guard will have communication capability with booth attendants via
cell phone, 2-way radio and a desk telephone located in the security office. The attendants
will be able to contact the security personnel by similar means.
g) Guards will be required to complete a police report and an incident report per incident
occurrence. Reports must be completed and turned into the City Representative at the end
of shift. When Fort Collins Police respond or assist with disturbances a police case number
must be included on the daily report and any incident report that is completed by the security
guard.
h) A security officer report including a time log of the shift events must be submitted daily. The
officer will complete and drop off this report at the parking services office prior to leaving each
day.
i) Any emergencies should be reported immediately to the City's representative. Emergency
circumstances could include but not limited too theft, personal injury, property damage etc.
j) Security guards will be issued a set of keys to the building and the automated parking
equipment. In the event of a broken gate arm or a need to lower and raise the gates the
officer will be trained to repair and reposition the gates. They will also be trained by the City
representative to shut off power to the equipment to prevent an electrical hazard.
k) Guards will be expected to provide snow reports during storms. The City representative will
provide training and officers will be expected to activate the automated anti -icing system.
1) Security guards must return phone messages and e-mail messages within 24 hours except
for any emergency.
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