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HomeMy WebLinkAbout133608 ANLANCE PROTECTION LTD - CONTRACT - BID - 5746 SECURITY SERVICES PARKING STRUCTURES ANNUALSERVICES 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 Anlance Protection LTD., 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 six (6) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence January 1, 2003, and shall continue in full force and effect until December 31, 2003, 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 three (3) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. 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 SA 10/01 1 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. 5 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. "'DEC. 30. 2002' 6:08PMir«COMMUNITY FIRST INSSILITY INSURANCE, 559-P. 1� Prto`Duccle (970)223-0924 FAX �ATE(Ml (970)223-7438 12/30/2 Community First Insurance, Xl ONLY AND CONFERS NO RIG W7g UPON CC 107S W Horsetooth Rd, Ste 100 HOLDER, THIS CERTIFICATE DOES NOTA EN EXTEND OR Fort Collins, CO 8OS26 ALTER THE COVERAGE AFFORDED BY THE POLICIEg B):LI>11K ygURSp INSURERS AFFORDING COVE Anlance Protection Ltd RAGE PO Box 2401 INSURERA; Capital Indemnity/ApCO General Ft Collins, CO 80522 INSURER8: Pin nacoi Assurance INSURERC: INSURER D; OVERAGES INSURER E; ANY REQUIREMENT, TERM OR CQNDITTON OF uvv ANY COENWCi�OR ED OTOHTER DOC INSURED MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS E POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 4TR TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY CP00061585 DATE (N $ COMMERCIAL GENERAL LIABILITY 07/1? CLADAS MADE OCCUR A GEML AGGREGATE LIMB APPLIES PER; POLL PRO' JECT LOC AUTOMOBILE LIABIUTY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY 7 ANY AUTO MESS LIABILITY 7 OCCUR El CLAIMS MADE DEDUCnB1E RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILTTy B INSURER LETTER: City of Fort Collins - Purchasing Dept 21S I Mason Fort Collins, CO 80524 FAX: 221-6707 .b"I'EGT TO WHICH PHIS CERTIFICATE Mqy gE IISSUED OR DIN TO ALL THE TERMS, EXCLLISIONS AND CONDITIONS OF SUCH LIMITS EACH OCCURRENCE g FIRE DAMAGE (Any one fife) S g P(Any one, person) S NAL & ADV INJURYSAL. AGGREGATECTS-COMP/OPAGG S 2 COMBINEDINGLE LIM IT sBINEDq S INJURY (Per m) S BODILY INJURY (Peraeeident) S PROPERTY DAMAGE (Per accldMr) :: AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S AUTO ONL1^. AGG S EACH OCCURRENCE- g AGGREGATE S S S E.L. EACH ACCIDENT S EL, DISEASE.6A EMPLOY S EL. DISEASE. POLICY LIMIT S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EVIIRATION DATE THEREOF, THE LSSUING,COMPANY WILL ENDEAVOR TO MAIL —i&— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY )gND UPON THE COMPANY, ITS AGil OR e notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: City of Fort Collins, Purchasing Anlance Protection LTD P.O. Box 580 1800 E. Lincoln, C-3 Ft. Collins, CO 80522 Ft. Collins, CO 80524 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 $4,693.69 per month for Old Town Parking Structure and $5,027.03 per month for Civic Center Parking Structure. 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 SA 10/01 2 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 worts 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-fumished 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 fumished 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 parry 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 SA 10/01 3 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. 16. 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. 17. 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 SA 10/01 4 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 I corporation L--'" ohn F.`Fisc ch � City Manage By. Jai s B. 'Neill II, CPPO, FNIGP Dir ctor Purchasing and Risk Management A Date: � z y PT: i— City Clerk APPRO D T FORM: (17,7 AssistaM City Attorney ;tion LTD �� � i �iGs�a✓ VICE PRESIDENT Date: a ATT ST. (Corporate Seal) CORPORATES A Y% % SA 10/01 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. 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 any automated anti -icing system should this system be implemented at the parking structure. 2 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. f) Security Services provider must assign a site supervisor for the parking structures that will be responsible for supervising the other security guards and be the primary contact for the Parking Services Operations Coordinator. g) The Security Service provider must be Bonded and provide a copy to the City on request. 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:OOpm to 3:OOam. Thursday -Saturday 8:00 pm-4:00 am. 2) Additional personnel may be requested during special events i.e., concerts, festivals, or similar occasions. 3.2 Security guards must be Colorado P.O.S.T. certified 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 91 agency must require 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 cant' 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) 4