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HomeMy WebLinkAbout2208768 COLORADO DOORWAYS - CONTRACT - BID - 5751 POLICE ACCESS CONTROL SYSTEMSERVICES 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 Colorado Doorways Inc., 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. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within fifteen (15) days following execution of this Agreement. Services shall be completed no later than Ninety (90) days from time of commencement. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) SA 10/01 1 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: City of Fort Collins, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Attn: John Stephen Service Provider: Colorado Doorways Inc. 3333 E. 52"d Ave. Denver, CO 80216-2322 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, the sum of Thirty-eight Thousand Six Hundred Sixty-three Dollars and Fifty-four cents ($38,663.54). $35,588.00 — Police Services, 300 LaPorte Avenue, $3,163.54 — Police Annex, 230 LaPorte Avenue. 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. SA 10/01 2 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. 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. SA 10/01 3 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 SA 10/01 4 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. CITY OF FORT COLLINS, COLORADO a municip it corpor ion John F. Fisch h J 'ty Manager By: Y(J) Jam s . 'Neill II, CPPO, FNIGP Direc of Purchasing and Risk Management Date: b z 310<"� Colo d oo s c. By: t iRADO DWRWAYS. INCL PRINT NAME 4. P'Sc, VrE PR sIDENT CoRT((ornoorgle E PRESIDENT OR VICE PRESIDENT Date: IY A EST; Seal) RPORATE C E RY SA 10/01 5 EXHIBIT A Scope of Work Buildings Involved are: 1. Police Services Bldg (300 Laporte St.): Seventeen (17) doors Basement: see attached floor plans for door locations Basement Stair Way Door (Door # B-1) Lab Entry (Door # B-2 ) West Ground Level Lab Entry — Exterior (Door# B-3) 151 Floor NorthEast Entrance — Exterior (Door # 1-1) Admin Chiefs Wing (Door # 1-2) this door to have scheduled free access periods of 8-5. Records Break Room (Door# 1-3) South Patio — Exterior (Door # 1-4) this door to have scheduled free access periods of 8-5. Records Area (Door # 1-5) Computer Room in Records Area (Door # 1-6) Patrol (Door # 1-7) Patrol Back North Door — Exterior (Door # 1-8) 2nd Floor Exterior East End DT (Door # 2-1) Lobby Door (Door # 2-2) West End DT (Door # 2-3) Exterior West End DT (Door # 2-4) Dispatch Hall Entrance (Door# 2-5) Dispatch Stair Entrance (Door# 2-6) Stairway Entrance to Lobby (Door #2-7) 2. Work Out Facility (Police Annex — 230 LaPorte St.) One (1) door Exercise Room Entrance — Northwest Corner Products and Installation Install door locking hardware, card readers, request to exit devices, door position/status switches and controllers with associated field wiring for all doors. Door key cylinder is to be changed to a city Primus key on all doors where access control is installed. This primus system information and product are available from DoorWay Solutions Attn: Stephen Leubbers (303) 291-1002. Provide power supplies and battery backup where required. All controllers are to be in secure areas of building and readily accessible for maintenance (verify locations with City). Wiring is to be bundled, labeled, and cleanly terminated at its source and destination. When extra power supply required for exterior door or high amperage operator, the prescribed wire size by the door operator manufacturer is to be used. Install Lantronics hardware to enable building access control to report to software server at Operation Services Bldg. (117 N. Mason) via city LAN connection using static IP addressing. Contractor may need to use a modem on Work Out Facility. Doors are to fail safe secure and have 8 hour battery backup. Extra provisions shall be made for doors that are subject to a "free access" periods that require more battery backup power. Electric door strikes are to be Von Duprin 6000 series or 5100 where applicable. Alternative choices may be reviewed by the City. Any electromagnetic door lock will have to be tied to a UPS source or emergency generator source. Assist city staff with building up controllers on server software and any associated software interlocks. Provide three (3) boxes of 100 key chain FOB type access devices that are set up for Existing City Access Control Facility code and card readers. Contractor must provide anticipated work schedule which must be approved by the Project Manager prior to commencing work. Contractor must provide a safe working area and is responsible for all clean-up at the end of each working day. Documentation Provide O&M manuals with all associated hardware and equipment used in the installation. All field wiring and equipment locations to be documented on Auto Cad drawings with a disk file and hardcopy of drawings to be included in the O&M manuals. These files are to show wiring relationships between all controllers and the Lantroncis/Modem termination into the city's network as well as individual card readers, REX devices, door position switches, and associated power supplies and door strike hardware. Upon completion contractor will provide a walk thru with City staff to show location and configuration of completed system. Electrical Extra City to provide access control contractor with 120 vac power for field controllers as needed. Access Control Contractor will need to provide schedule of power type required (normal or UPS power) for controllers being installed. Warranty is 1 year parts and labor. 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: 1. 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. AC ORD CERTIFICATE OF LIABILITY INSURANCE OPID G DATE(MM/DD/YY) OLD001 09/16/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton Companies of Colorado HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4500 Cherry Creek Dr. S . , #400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver CO 80246-1532 Phone:303-753-2000 Fax:303-753-2099 INSURERS AFFORDING COVERAGE INSURER A: TRAVELERS INSURANCE CO INSURER B: Travelers Group of Ins. Cos. Colorado Doorways, Inc. INSURERC: THE TRAVELERS INDEMNITY OF IL 3333 East 52nd Ave INSURER0: Pinnacol Assurance Denver CO 80216 INSURER E. L9(*1r1 :3:7_TeizF..I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR Y660664X7955TIL02 09/01/02 09/01/03 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-LOC JECT PRODUCTS - COMP/OP AGG s2,000,000 C AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Y810664X7955 09/01/02 09/01/03 COMBINED SINGLE LIMIT (Ea accident) $1 000 000 r r X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT $ EA ACC OTHER THAN AUTO ONLY: AGG $ $ B EXCESS LIABILITY X OCCUR EICLAIMSMADE DEDUCTIBLE X RETENTION $ None CUP660664X7955TIL02 09/01/02 09/01/03 EACH OCCURRENCE $ 4,000,000 AGGREGATE $4,000,000 a $ D WORKERS COMPENSATION AND EMPLOYERS'LIABILITY 3142569 OFFICERS INCLUDED 09/01/02 09/01/03 X TORY LIMITS I ER E.L. EACH ACCIDENT _ s500,000 EL. DISEASE -EAEMPLOYEE1 $500,000 E.L. DISEASE - POLICY LIMIT 1 $500 000 A OTHER Equipment Floater Special Form Y660664X7955TIL02 09/01/02 09/01/03 Limit $86,848 Dad. $250 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS lam l bill r C nuLuam I 14 I ADDITIONAL INSURED; INSURER LETTER: _ L;ANI:t LLA I IUN FORCOLL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: : James B.. O'Neill Of Fort s IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR At'NeNeill II CPPO P.O. BOX 580 REPRESENTATIVES. Fort Collins CO 80522-0580 AUT . HORIi REPRESENTATIVE 1 25-S (7197) l A/ Wwy vuN1 I v ��i ur G V SEP 1 7