Loading...
HomeMy WebLinkAboutRFP - 7442 SECURITY SERVICES FOR PARKING STRUCTURESAddendum 1 – 7442 Security Services for Parking Structures Page 1 of 3 ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7442: Security Services for Parking Structures OPENING DATE: 3:00 PM (Our Clock) November 13, 2012 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 – Questions & Answers Please contact John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing Addendum 1 – 7442 Security Services for Parking Structures Page 2 of 3 EXHIBIT 1 – QUESTIONS & ANSWERS Question: In “Scope of Work” section 1.2 paragraph “J” it indicates that the security officer will be “trained” to repair gate arms, ticket machines and perform electrical power interruption and the like. A clarification is sought in regards to “responsibility” should a security officer not be capable of repairing and maintaining electrical equipment or sophisticated machinery. While minor repairs may be something easy to some, it can be very difficult to others. Security as a rule does not include machine repair and should a security officer in their earnest effort (subject to their own innate ability and understanding of training provided by a city representative) attempt to make such a repair (minor or otherwise) and cause more damage and/or leave a machine or device un-repairable, is the City of Fort Collins assuming any and all liability in regards to such damage? Is it a mandatory requirement that security officers be “repair people” as well as providing security, or is this scope of work a value add request? That is, if a diligent security officer is not a mechanical genius as well, is that grounds for officer dismissal or contract cancellation? If a security officer is injured during such a repair operation is the City of Fort Collins assuming the liability for said injury? Answer: Security officers will be trained on basic troubleshooting of the structure equipment. A very basic understanding of the equipment and how it works is a necessity for anyone working in the structures, including the attendants, to prevent the possibility of injuries and to allow the continuous operations of the structures. Any actual repairs that are required will be performed by the City or our vendor, Mountain Parking, with the exception of replacing a broken gate arm. Question: First, in reference to the Colorado Police Officers Standards and Training Board (P.O.S.T) law enforcement certification. The RFP states; “3.2 Security officers must be Colorado P.O.S.T. certified as a police officer.” Since there is a clear and discernible difference between being “certified” and “certifiable”; and that difference would greatly affect the pricing put forth (by all parties involved), please clarify whether personnel can meet the qualifications that would have them “certifiable” as opposed to already being “certified. Answer: Security officers will be P.O.S.T. certified and will be required to provide documentation to that effect. Addendum 1 – 7442 Security Services for Parking Structures Page 3 of 3 Question: Section 3.4 requires that each person working or allowed to work in the garage must have an authorization by a city representative. Specifically, section 3.4, line 4, mid-sentence states; “an interview of each candidate by the City of Fort Collins representative must occur before an authorization will be given to allow any security officer to work in the parking structures.” This would prove problematic on many levels. So the question is, whether the current requisite in 3.4 is one that must be adhered to or is it possible to amend the RFP to ensure proper agency supervision, liability insurance coverage and compliance with federal and state fair hiring practices? Answer: This section has be modified to exclude personal interviews but to require proof of P.O.S.T. certification as well as a review of their background check by the city representative. The revised Section 3.4 terminology is as follows: 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 a physical and urine analysis testing before hiring. A review of each security guards background check and proof of P.O.S.T certification will be conducted by the City of Fort Collins representative before an authorization will be given to allow any security guard to work in the parking structure. Violation of this will be grounds to terminate services with the security services provider. RFP 7442 Security Services for Parking Structures Page 1 of 19 REQUEST FOR PROPOSAL 7442 SECURITY SERVICES FOR PARKING STRUCTURES The City of Fort Collins is requesting proposals from qualified firms for Security Officer Services in two parking structures located in downtown Fort Collins, the Old Town Parking Structure located at 102 Remington Street and the Civic Center Parking Structure located at 120 North Mason Street. This is a one year agreement with the option to renew for 4 more years. Proposals may be submitted by E-mail in Microsoft Word or PDF format. E-mail submittals shall be e-mailed to: purchasing@fcgov.com. If submitting hard copy proposals, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), November 13, 2012 and referenced as Proposal No. 7442. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. A pre-bid meeting to review the structures will be held on October 29, 2012 at 2:00 P.M. at 215 N. Mason, Conference Room 2A, Fort Collins. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. Questions concerning the scope of the project should be directed to Project Manager, Doug Jauken, Parking Facilities Supervisor at (970) 416-2182 or djauken@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer, Buyer, at (970) 221-6777 or jstephen@fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 7442 Security Services for Parking Structures Page 2 of 19 rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management RFP 7442 Security Services for Parking Structures Page 3 of 19 7442 SECURITY SERVICES FOR PARKING STRUCTURES SCOPE OF WORK 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 proposal is to solicit Security Officer services for both facilities. Two security officers 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 and automated pay stations after hours. Security officers patrol on foot. At an undisclosed time after the garage closes, the security officer removes money from a drop vault. Money is then transported to First National Bank and deposited in the night deposit drop. 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 at this location are similar to operations at the Old Town Parking Structure, with the exception of two entrance/exit locations both having a booth, an attendant, automated gate arms and pay stations. Like the Old Town garage, security officers will patrol on foot in the Civic Center garage. Like the Old Town garage, the security officer will remove money from a vault and transport it to the bank. The coordination with the officer at Old Town for use of the vehicle will be needed. A Security Office will be provided at the south east end of the structure for personnel provided from the security agency. The selected security vendor will provide coverage for both parking structures from 7:00 p.m. to 3:00 a.m., seven days per week. A complete patrol of each structure must be done at least two times per hour. 1.2 Scope of Work: a) The area of coverage should be within the parking structures with the exception of exigent circumstances. RFP 7442 Security Services for Parking Structures Page 4 of 19 b) Routine rounds of the facilities should be performed at least two times per hour. Once per hour, the round must include checking the functionality of the access and control equipment (gates, ticket dispensers, pay machines.) c) 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. The report should include a summary of activities on the rounds, and details about any unusual incidents that occur during the shift. d) 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. e) 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) Officers 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) Officers will monitor and assist parking staff with disgruntled customers on an as need basis should conflicts arise. The officer 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) From time to time, incidents may occur that require the security officer to contact the Fort Collins Police Department (FCPD). 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 officer. 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) 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. i) Security officers will be issued a set of keys to the building and the automated parking equipment. Each officer will be issued a parking garage access card (also called a proximity card, or prox card) that they will be required to use any time they enter or exit a structure in a vehicle. j) 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 RFP 7442 Security Services for Parking Structures Page 5 of 19 representative to shut off power to the equipment to prevent an electrical hazard. Security officers will also be trained in basic maintenance and repair operations of the automated pay machines (for ticket jams, bill jams, etc.), ticket dispensing machines, and other access control equipment. In the event of minor problems, the officer will make repairs or adjustments on the spot. Officers will also be trained about how to respond to major equipment failures that cannot be fixed on the spot. Usually, this will involve notifying the appropriate person in Parking Services, and perhaps closing a lane, opening a gate, or some combination of these actions depending on the situation. k) Officers will be the contact for customers using the Pay in Lane machines during their shifts when booth attendants are unavailable. In the absence of a booth attendant, the officer will assist customers who have a problem using the Pay-in-Lane machines, l) Officers 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. m) Security officers must return phone messages and e-mail messages within 24 hours except for any emergency. n) Regular traffic control will be required. The objective of traffic control is to keep vehicles moving so that a long queue does not develop inside the garage. Security Officers will be trained in procedures to get vehicles out of the garage expeditiously. Section 2.0: General Requirements 2.1 General Description of Services The City of Fort Collins is requesting firms who provide qualified armed security personnel. The intent is to have a security officer in the parking structures at specific times each day. The officer will perform regular foot patrols and vehicle patrol of the specific structures throughout the evening and early morning hours. 2.2 Proposal Submittals The City will not reimburse any firm for the cost incurred in the preparation and presentation of their proposal. Firms submitting proposals shall submit the proposal with the following information: a) A written description of previous past experience related to security officer 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. RFP 7442 Security Services for Parking Structures Page 6 of 19 f) The proposal must be signed by a duly authorized representative of the firm submitting the proposal. The signature shall include the title of the individual signing the proposal. 2.3 References a) Provide at least three (3) references including: Company/Institution, Address, Contact Name and Phone number. Section 3.0: Minimum 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, one in each parking structure, according to the following hours: 1) 7:00 PM - 3:00 AM daily 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 Friday-Saturday 7:00 pm- 3:00 am. The purpose of this extra officer is to provide additional coverage, and to respond to situations that require more than one officer to handle. It is the City’s expectation that when this additional officer is present, rounds will still be conducted individually, rather than “two at a time”, which will allow more coverage of the garages. 3.2 Security officers must be Colorado P.O.S.T. certified as a police officer. 3.3 Security officers must be trained in the use of, and be allowed to use, pepper spray and a baton. 3.4 Security officers must have a background check by the agency going back five (5) years. Security officers must never have been convicted of a felony. The security 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 officer to work in the parking structures. Violation of this specification will be grounds to terminate services with the security services provider. 3.5 Security officers must carry firearms and be trained by the security agency on their use. Each officer 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 officers must be trained and be kept current in American Red Cross first aid and C.P.R., or equivalent. 3.7 Security officers 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 officers must wear an approved uniform at all times while on duty, which clearly RFP 7442 Security Services for Parking Structures Page 7 of 19 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. When new security officers are assigned, the security agency must insure they receive appropriate training from the City representative as described above in the Scope of Duties Related to Daily Operations. 3.14 All prices quoted should be firm and fixed for the specified contract period including monthly and yearly charge for each parking structure. See Section 8.0. Section 4.0: Equipment Requirement 4.1 Security personnel will share an office in the Civic Center Parking structure with City personnel. It is the City’s expectation that security officers will use the office for breaks and writing their reports, but the majority of time will be spent on rounds. 4.2 The City will provide on-duty security officers with a cell phone with two-way direct connection capability for communications between officers and with City personnel. 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. RFP 7442 Security Services for Parking Structures Page 8 of 19 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: Review & Assessment Criteria 7.1 Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and optional interview session. At discretion of the City, interviews of top rated firms may be held. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? RFP 7442 Security Services for Parking Structures Page 9 of 19 7.2 Reference Evaluation Criteria The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? Section 8.0: Cost Schedule Please submit a separate cost for security services for each facility, Old Town Parking Structure and Civic Center Parking Structure respectfully. Our company will supply security per specifications for: Old Town Parking Structure $_________/month x 12 = Year Total $____________ Civic Center Parking Structure $_________/month x 12 = Year Total $__________ Grand year total for both $_______________________________ Firm Name ____________________________________________ (Are you a corporation, DBA, Partnership, LLC, PC) Signature _______________________________________________ Title _______________________________________________ Address _____________________________________________ _____________________________________________ Phone/Fax _____________________________________________ E-Mail Address __________________________________________ RFP 7442 Security Services for Parking Structures Page 10 of 19 Section 9.0: Service Agreement 7.1 Awarded service provider 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 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. RFP 7442 Security Services for Parking Structures Page 11 of 19 SERVICES 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 , 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 ( ) page and incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . 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. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as RFP 7442 Security Services for Parking Structures Page 12 of 19 herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) 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. 6. 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. [Early Termination clause here as an option 7. 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 under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins Attn: Purchasing PO Box 580 Fort Collins, CO 80522 Copy to: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Service Provider: 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. 8. Contract Sum. The City shall pay the Service provider for the performance of this RFP 7442 Security Services for Parking Structures Page 13 of 19 Contract, subject to additions and deletions provided herein, per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. RFP 7442 Security Services for Parking Structures Page 14 of 19 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. 14. 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. 15. 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. 16. 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, RFP 7442 Security Services for Parking Structures Page 15 of 19 personal representatives, successors and assigns of said parties. 17. 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 , 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. 18. 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. 19. 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. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: RFP 7442 Security Services for Parking Structures Page 16 of 19 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 RFP 7442 Security Services for Parking Structures Page 17 of 19 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 established in Subsection 8-17.5-102 (5), C.R.S. f. 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. 21. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference. RFP 7442 Security Services for Parking Structures Page 18 of 19 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 By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY RFP 7442 Security Services for Parking Structures Page 19 of 19 EXHIBIT “ ” 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.