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HomeMy WebLinkAboutBID - 5848 ELECTRONIC ACCESS SYSTEM FOR PFA (4)SA 10/01 1 SERVICES AGREEMENT THIS AGREEMENT is dated as of the 1st day of July in the year of 2004, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the “City” and Custom Security, LLC, hereinafter referred to as “Service Provider”, and shall be effective on the date this AGREEMENT is signed by the City. 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 seven (7) 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 five (5) days following execution of this Agreement. Services shall be completed no later than October 31, 2004. 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) days prior to the termination date contained in said notice unless otherwise agreed in writing by SA 10/01 2 the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: Copy to: City of Fort Collins, PFA Custom Security, LLC City of Fort Collins, Purchasing P.O. Box 580 P.O. Box 393 P.O. Box 580 Ft. Collins, CO 80522 Ft. Collins, CO 80522 Ft. Collins, CO 80522 Attn: Mel Carlson Attn: Dan Caufman Attn: John Stephen 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 Seventy-eight Thousand Five Hundred Eight Dollars ($78,508.00), $83,400.00 Base Bid - $5,142.00 for Station 14 - $2,600.00 for Station 9 + $2,850.00 Bonds, the Option Cost Breakdown is attached as Exhibit "C". 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 SA 10/01 3 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. 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 SA 10/01 4 performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. SA 10/01 5 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. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D, consisting of five (5) pages, attached hereto and incorporated herein by this reference. CITY OF FORT COLLINS, COLORADO a municipal corporation By: _______________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney Custom Security, LLC By: _______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY 6 EXHIBIT A ELECTRONIC ACCESS SCOPE OF WORK Provide and install necessary locking equipment, card readers, and controllers at selected sites. Installations are to have hidden wiring unless approved otherwise. Provide all wiring for all necessary electrical connections. Provide 300 blank identification cards. Provide 300 blank key fobs. Provide an employee ID card system and software capable producing picture ID cards with a laptop computer and printer at remote locations. Test the system after and verify all installations are working as per the specifications Provide system administration software and training for electronic access system and ID card program Provide and install system interface with PFA LAN through direct-connect, fiber, and wireless transmission PC based operation which can be administered by our employees and expanded as necessary Change or re-key existing locksets as required Provide single key access for all keyed locks at selected locations Provide access system and facility alarm monitoring capability Provide a comprehensive report generator Provide interface with on site video system Provide security levels that limit employee access by time schedule per door. System must provide instant changes that selectivity limit employee access Doors can be locked and unlocked or put in a time control mode 7 Electronic access lock locations In order of Priority Total Location Admin 3 Southeast door 2nd floor, 1st floor conference room, main entrance Training “A” 5 Southeast bay, 2nd floor landing west, 2nd Floor interior landing & add video, main gate lock and video, main entrance Training “B” 3 South bay, warehouse gate & video, Scott service center Station 14 4 North entrance, north interior entrance, South entrance, east dorm Entrance Station 6 3 East door living room, mechanic’s bay exterior, northeast man door to bay Station 8 1 West door office Station 9 1 North man door to bay Station 11 1 East door Station 10 6 North door office, Southeast door outside, Southeast inside, Community room, basement hall door add video Station 12 6 Northwest dorm, northeast man door, Map room, Basement south entrance, community room Station 1 2 East door lobby, South door hallway Station 2 2 Southeast entrance, Southwest door to kitchen Station 3 2 West man door, east door to kitchen Station 5 2 East man door to bay, South man door to bay Station 7 2 North east man door to bay Station 4 1 South west door to bay 8 CITY OF FORT COLLINS ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: 5848 ELECTRONIC ACCESS SYSTEM FOR PFA OPENING DATE: 3:00 PM (Our Clock) April 6, 2004 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. ADD: 1. Attached as “Attachment 1” is a list of the number of doors per site that need to be re- keyed 2. All doors with card access must be alarmed. 3. Stations 8 and 11 will not be available for the tour and are not listed in the bid schedule. City will issue a change order to the awarded company for Stations 8 and 11. 4. A map with addresses is attached as “Attachment B”. 5. If floor plans are available they will be available at each site the day of the tour. 6. A new bid schedule is attached as “Attachment C” and must be used. 7. We can only accommodate the tour on one (1) day and that will be Tuesday March 30th. The tour schedule will be as follows: 8:00 - Noon Training A & B Stations 1, 2, 4, 7 & 9 1:00 PM to 5:00 PM Stations 3, 5, 6, 10, 12, & 14 RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 9 Addendum #1 BID #5848 ELECTRONIC ACCESS SYSTEM FOR PFA BID SCHEDULE Attachment “A” Exterior doors needing to be re-keyed Total Location Admin 0 Training “A” 3 NW Hallway door, SW hallway door, north bay door, south bay door Training “B” 6 West main entrance, NW Classroom, North Bay door, E Bay door, south men’s bathroom, south women’s bathroom Station 14 0 Station 6 3 S. Main Entrance, SE mechanics bay, SE engine bay Station 8 0 Station 9 2 Main entrance, NE bay door Station 11 0 Station 10 2 East French doors, south bay door Station 12 2 North main entrance, west French doors Station 1 0 Station 2 0 Station 3 0 Station 5 2 South dorm exit, south storage door, north kitchen door, glass door east entrance Station 7 3 (2) doors on north side, south kitchen door Station 4 2 Main entrance south, dining room north 10 Addendum #1 BID #5848 ELECTRONIC ACCESS SYSTEM FOR PFA Attachment “B” Station 1 Station 6 Station 11 505 Peterson 2511 Donella Court 16248 N. County Rd 25E Fort Collins CO 80524 Fort Collins CO 80524 Loveland CO 80538 Station 2 Station 7 Station 12 415 South Bryan 2807 Overland Trail 263 E. Country Club Road Fort Collins CO 80521 LaPorte CO 80535 Fort Collins CO 80524 Station 3 Station 8 Station 14 2000 Mathews 4104 Main Street 2109 Westchase Road Fort Collins CO 80525 Timnath CO 80524 Fort Collins CO 80525 Station 4 Station 9 Training Division 2030 Devonshire 4903 Shoreline Drive 3400 West Vine Drive Fort Collins CO 80526 Horsetooth CO 80526 Fort Collins CO 80521 Administration and Station 5 Station 10 Fire Prevention Bureau 4615 Hogan Drive 2067 Vermont Drive 102 Remington Fort Collins CO 80525 Fort Collins CO 80525 Fort Collins CO 80524 PFA FIRE STATIONS AND BOUNDARY 11 Addendum #1 BID #5848 ELECTRONIC ACCESS SYSTEM FOR PFA Attachment “C” Provide costs for the individual sites per attached specifications for a complete job. ELECTRONIC ACCESS SYSTEM FOR PFA Building Per door Total Cost Administration (includes software, hardware, training as needed) Training "A" Training "B" Station 6 Station 9 Station 10 Station 12 Station 1 Station 2 Station 3 Station 5 Station 7 Station 4 GRAND TOTAL COST $__________________ Firm Name______________________________ Signature_______________________________ Printed Name____________________________ Address________________________________ _________________________________ Telephone #_____________________________ Fax #__________________________________ CITY OF FORT COLLINS ADDENDUM No. 2 BID #5848 ELECTRONICS ACCESS SYSTEM FOR PFA SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid #5848 Electronics Access System for PFA OPENING DATE: April 6, 2004, 3:00p.m. (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. 1. One of the doors controlled by the locking system in each building must go to a fail safe mode if electrical power is lost. 2. At the Training “A” building the front main entrance will not be controlled by the system. Substitute the man door on the southwest corner of the building. If you have any questions please contact John Stephen, CPPO, Senior Buyer, at 970-221-6777. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 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. EXHIBIT D SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 7/96 Section 00610 Page 1 SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20__, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, ______________________. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00610 Page 2 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of _________, 20__. IN PRESENCE OF: Principal ______________________________ ________________________________________ ______________________________ ________________________________________ (Title) ________________________________________ (Address) (Corporate Seal) IN PRESENCE OF: Other Partners _____________________________ By:_____________________________________ _____________________________ By:_____________________________________ IN PRESENCE OF: Surety _____________________________ By:_____________________________________ _____________________________ By:_____________________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00610 Page 3 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20__, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, . NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00610 Page 4 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of , 20__. IN PRESENCE OF: Principal ______________________________ By:___________________________________ ______________________________ ______________________________________ (Title) ______________________________________ (Address) (Corporate Seal) IN PRESENCE OF: Other Partners ______________________________ ______________________________________ ______________________________ ______________________________________ IN PRESENCE OF: Surety ______________________________ By:___________________________________ ______________________________ By:___________________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond.