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HomeMy WebLinkAbout452774 ARROW SECURITY INC - CONTRACT - BID - 6121 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 Nickel Investigation and Security, Inc., hereinafter referred to as "Service Provider". W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence January 1, 2009 and shall continue in full force and effect until December 31, 2009, 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 SA rev07/08 EXHIBIT C 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. rev06/07 notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Nickel Investigation and Attn: Purchasing Attn: Doug Jauken Security, Inc. PO Box 580 PO Box 580 Attn: Nickole Woodson Fort Collins, CO 80522 Fort Collins, CO 80522 1536 Quail Hollow Drive Fort Collins, CO 80525 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "B", consisting of one (1) page, 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. 2 SA rev07/08 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. 3 SA rev07/08 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 C, 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 H SA rev07/08 holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority SA rev07/08 established in Subsection 8-17.5-102 (5), C.R.S. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. CITY OF FORT COLLINS, COLORADO a municipal corporation r James B. O'Neill II, CPPO, FNIGP Directgr of Purchasing and Risk Management Date: / ,? i q rf C j e i Nickel Investigation and Security, Inc. By P)II I �n �MEJ���� sus, CORPORATE PRESIDENT OR VICE PRESIDENT Date: zd/� 5,� (Corporate Seal) CORPORATE SECRETARY SA rev07/08 EXHIBIT A SCOPE OF SERVICES 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. Security will provide coverage for both structures 7:00 PM to 3:00 AM daily. A complete structure patrol must be done at least three times per hour. Security guards patrol on foot. At an undisclosed time after closing the securityguard 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 at least 3 times per hour. Once per hour, the round must include checking the functionality of the access and control equipment (gates, ticket dispensers, pay machines.) rev06/07 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 may be temporarily 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) When FCPD is contacted, a police case number must be included on the daily report and any incident report that is completed by the security guard. Items that must be reported to the police include, but are not limited to the following: 1) When a vehicle is damaged by either another vehicle or vandalism. 2) Any sort of physical altercations. 3) Any verbal altercations that involve threats of physical harm. 4) Any display of a weapon, or threat to use a weapon. 5) Vandalism to the parking structure or any of the equipment. Graffiti would be excluded unless the responsible person has been detained. 6) Contact with an inebriated individual who insists upon driving. If a crime has been committed on City property, the police should be notified. They will make the judgment as to whether the incident warrants dispatching an officer. 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 to 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. m) Guards will be the contact for customers using the Pay in Lane machines during their shifts when booth attendants are unavailable. n) Occasional traffic control will be required. rev06/07 EXHIBIT B FEE SCHEDULE Bid Schedule Please submit a separate cost for security services for each facility, Old Town Parking Structure and Civic Center Parking Structure respectfully. Award is based on Grand Total. Our company will supply security per specifications for: Old Town Parking Structure $__4,243.40 /month x 12 = Year Total $ 50,920.80 Civic Center Parking Structure $ 6,062.00 /month x 12 = Year Total $ 72,744.00 Grand year total for both $ 123 664,80 Amount per hour for additional guards: $ 18.50 See section 3.1 a) 2) Firm Name Nickel investipation & Security Inc (Are you a,corporation, DBA, Partnership, LLC, PC) i Signature 71Fi ' Title President/CEO Address 1536 Quail Hollow Drive Fort Collins CO 80525 Phone/fax (970) 443-4473 E-mail Address Admin@NickellnvestigationAndSecurity.com rev06/07