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Home My WebLink About125945 AEARO COMPANY / AOSAFETY - CONTRACT - RFP - P966 SAFETY GLASSESSERVICES 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 AO Safety/Aearo Co., 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 one (1) page, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence January 1, 2005, and shall continue in full force and effect until December 31, 2005, 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. SA 1012004 1 FRAME OPTIONS FRAME ADD TO GROUP FRAME STYLES BASE PRICE BASE Black Hawk, Eagle, Falcon, EC230, F4000, F9800, F9900 A F5000, F6000 B / C C4600, C/CX7000, C8000, EC100, EC350, EC450, OC850, X.Sport" Rx, YP7 Included in D AdjustaFit I, EC/EX550, OC400, PCI 12 610, 630, 650 $150 Base .... ...... _ __. _.. .._ __. Price D PLUS 730, 740, 780 E PC251, PC264, Steel 100, Steel 200, Steel 300, Steel 400, YP15, YP20 F Attitude 1, Attitude 2, CC27, EX272, TR-302S, TR-305, Urban 1, Urban 2, Urban 3 G DT-I, DT-2, DT-3, DT-4, EXTI, EXT5 G PLUS Urban T-4, Urban T-5 $ 20.00 Add adjustable nose pads to a plastic frame Included SIDESHIELDS Detachable (Clip -On) Included Permanent— Riveted, Breeze Catcher® (wire mesh), T-Loc", and Full Cup Perforated Included Firmly attached sideshields are recommended for all safety eyewear to help protect against flying particles and objects. Sideshield prices (above) are for complete prescription eyewear orders. See "Replacement Parts" section for individual sideshield prices. LENS UPGRADE OPTIONS TINTS & COATINGS (ADD TO BASE PRICE) Tints — Solid or Gradient Included in Base ..._ .. Ultraviolet (UV) Coating— Plastic Only Included in Base Scratch Resistant Coating (SRC) Included in Base Anti -Reflective (AR) Coating Included in Base SuperCote"' Included in Base ......... ...... ... ........ ....._...... SuperCote" AR Included in Base SPECIALTY LENSES (ADD TO BASE PRICE) Slab -Offs, Myodiscs, Cataracts Included in Base ............. Occupational (Double Seg) Total Price $ 150.00 _ _............. _..: Quadrifocals — Add to Occupational price Included in Base Full -Line Bifocal (Executive') Included in Base Full -Line Trifocal (Executives') Included in Base OTHER LENS STYLE OPTIONS (ADD TO BASE PRICE) Photochromic — All Lens Styles Included in Base Price Transitions® Included in Base Price Mid Index Included in Base Price High Index Included in Base Price Polarized — All Lens Styles Includ1. ed in B11 ase Price Dispensing Services Per Pair 20.00 TASK SPECIFIC LENSES (TOTAL LENS PRICE) ComfortEyes'" - Vision Ergonomic Solutions AO Technica®, Sala Access $150.00 ComfortEyes task -specific eyewear is designed to meet the challenging visual ergonomic needs of today's multifocal wearing computer users. The lens price includes a scratch resistant coating (SRC) and clear Plastic CR-39 or Polycarbonate lenses. SHIPPING AND HANDLING First Class Mail Included in Base Price 2nd Day $ 5.00 FRAME AND REPLACEMENT PARTS COMPLETE FRAMES AND COMPONENTS Frame Group Frame Front Temples (Pr. Only) BASE $ 5.00 $ 3.25 $ 2.25 A 9.00 5.85 4.05 B / C 15.00 9.75 6.75 .......... D 25.00 16.25 11.25 D PLUS 35.00 16.25 ..... .. 22.75 E 48.00 2L60 31.20 F 68.00 30.60 44.20 G 75.00 .......... 45.00 .......... ......_.. 36.00 G PLUS 1 95.00 1 50.00 50.00 Next Business Day $ 10.00 REPLACEMENT PARTS AND ACCESSORIES Frame parts Price Sideshields $ 2.00 per pr. T-Loc $ 1.50 ea. .__.... ..... Screws - Temple, Lens, Nose Pad ._.......... .__.. ............... $ 3.00 per pkg. of 10 pr. Nose Pads / Bridges ....... ...... $ 1.75 - DURAGRIP Service Kit $ 22.00 ea. AOSafety Frame Repair Kit $ 40.00 ea. AOSafety Respirator Spectacle Kit ._ $ 57.00 ea. _.... Urban 1, 2,3 Clip-Ons ... .-... ....... ........._... ................. .. $ 29.00 ea. ............... .............. .... Shockers BreakAway Retainers " $ 42.00 per pkg. Of 12 2004 Aearo Company — DI02_04 WARRANTY AOSafety will replace, at no charge, all prescription eyewear products if the following conditions occur within one year from date of purchase: a) Lens breakage (not a warranty against scratches) b) Frame breakage c) Coating failure (peeling of crazing) d) Corrosion of any frame component Warranties apply provided that no abnormal or excessive use or abuse is evident. Product must be returned to AOSafety to allow a thorough inspection of the defective merchandise. POLICIES AND PROCEDURES FITTING AND DISPENSING Careful consideration should be given to comfort and fit. It is AOSafety's intention that all prescription eyewear be verified and properly fitted by an eye care professional. Continued wearing of eyewear is more likely when the eyewear fits property. Prescription safety frames are generally available in a variety of sizes and care should be taken to ensure that the proper size is selected. PRESCRIPTION LENS REPLACEMENT Unless prohibited by state law, AOSafety will process an order for eyewear where the prescription is less than two years old. We urge out - customers to visit their eye care professional to ensure that their prescription is accurate and that their eyes are healthy. LARGE EYE SiZES AOSafety recommends Polycarbonate or Plastic lenses in frames with eye sizes of 54 min or greater. FABRICATION ERRORS AOSafety optical laboratories were the first to be ISO certified in North America. Quality is our first priority, but should we make an error, we will gladly remake the prescription eyewear at no charge. FULL LINE MULTIFOCALS (EXECUTIVES) Processing full line multifocals (also called Executives) in Glass over 52 nun, or Polycarbonate or Plastic over 54 mm, may adversely affect the optical properties and visual performance of the lenses. AOSafety recommends that you consult your eye care professional before ordering full line multifocals that are beyond the parameters recommended. TERMS AND CONDITIONS Payment Terns: Net 30 days • Prices subject to change without notice. If a replacement pail is not available, AOSafety will provide a new frame or new complete pair of eyewear at the repair part price. Extended Warranty: All Group F, G and G PLUS frames are guaranteed for 2 years subject to the conditions above. A limited one-year scratch warranty is offered on SupeiCote. This warranty excludes work environments where lens scratching is at high risk, including but not limited to, mining, grinding, and welding. All claims for scratch warranty must be returned to AOSafety for evaluation before credit can be issued. Limited to one replacement per order. PRESCRIPTION CHANGES Any request for changes to a prescription due to doctor's or optician's change, will be processed according to the following policy: 1) AOSafety will replace any prescription or order change at no charge if the change is equal to of less than the original. A request for a more expensive replacement will require a charge for the difference in price. Subsequent prescription of order changes for the same customer will be charged at 100%. 2) AOSafety will charge 50% on any prescription or optician change request after 60 days from purchase. 3) Any request after six months from purchase date will be subject to an invoice for full price. Any request for an order change due to a customer's change in preference will be charged at 50% of the original invoice price for up to 60 days, and at full invoice price thereafter. A request for a more expensive replacement will require a charge for the difference in price. NON -ADAPT FOR PROGRESSIVE ADDITION LENSES If the end -user is unable to adapt to their progressive addition lenses, AOSafety will gladly replace the lenses with any multifocal lens at no charge within 60 days fiom date of purchase. After 60 days, replacement lenses will be charged at full price. RETURNS Fabrication errors, doctors prescription changes, optician's changes, and customer changes should be telephoned to an AOSafety Customer Service Center so that the appropriate action can be taken. Optical Laboratories and Customer Service Centers Phone: 800.982.2828 • Fax: 800.945.2828 • www.aosafetysrx.com Aearo Company Aearo Company Aearo Canada Limited 1728 W. Frisco 401 E. Jefferson 6889 Rexwood Road, Units 8 & 9 Chickasha, OK 73018 Plymouth, IN 46563 Mississauga, Canada L4V 1R2 Phone:405.224.3834 Phone:574.936.9917 Phone:905.795.0700 Fax:405.224.3977 Fax:574.936.5375 Fax:905.564.5250 Offices also located in Euro e. ISO 9002� All AOSafety lenses and tab processes have been -- independently teiled and audited Aearo Company by COLTS Iabaratories. Registered ba UL to ISO 9002 AOSafeee, Breeze Camber', Ihualue`, x. Sport Rx". ConnfortE res'. SnlcerC'ett, and DUPAGRIP° art li=n A a adeuuxeks al'Aeaeo Oompo ty. Executnre`. AO Tnrvisiaee. AO Nn7, AO Compact", AO b'Active'. AO Tec1aaicae, Sofa Vi,ruh e. SoIa XLGole and Solo VIMMe are registered aadauarkc o£AO-SOL.9. Vanlux Coat e and vanlax Penandca we mgtslaxd tm&ruerks of Eastlor Inunutiooal. Tontutioto* u a regismred tradenwk of Transitions Opficai Inc. Sbockets' is a rep4aned ttademark of Chiaax Ck.30a w a Ladanaak of PPG Industries T-Loc" is a r alstared tiadeatad: of Tattaw Optical. 2004 Aearo Company — D102_04 6gOSafety. DISPENSING PANEL FOR FORT COLLINS, COLORADO EYE CENTER OPTICAL 1725 EAST PROSPECT RD 970-493-0400 EYECARE ASSOCIATES PC 1304 SOUTH SHIELDS ST 970-221-4812 FASHION EYEWEAR 412 REMINGTON ST 970-482-4600 The complete dispensing panel for the State of Colorado can be located at www.aosafetysrx.com 2001 Aearo Company 31045 — P 12/01 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 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 AO Safety/Aearo Co. Attn: Purchasing Attn: Lance Murray Attn: Ed McCready PO Box 580 PO Box 580 Account Services Manager Fort Collins, CO 80522 Fort Collins, CO 80522 5457 W. 791h Street Indianapolis, IN 46268 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 Cost Breakdown attached hereto as Exhibit "C", consisting of five (5) pages, 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 SA 10/2004 2 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. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. SA 1012004 3 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one (1) copy of SA 10/2004 4 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 holding shall not invalidate or render unenforceable any other provision of this Agreement. CITY OF FORT COLLINS, COLORADO a municipal corporation Jams . O'Neill II, CPPO, FNIGP Direc r of Purchasing and Risk Management Date: / AO Safety/Aear o. By: �auirtR� Nl �C'�PEAA ��_ PRINT N / CORP A PRESIDENT OR VICE PRESIDENT Date: (Corporate Seal) ATTEST: COW&I<TE SLIZRETARY SA 1012004 5 EXHIBIT "A" Section 1.0: Background The City of Fort Collins provides safety glasses to all employees that have the potential to be around hazardous work. These safety glasses meet American Safety Standards Institute (ANSI) Z87.1989 requirements and are provided at no cost to our employees once requirements for a Safety Glass Authorization have been met. It is the responsibility of the employee to provide a current, within 90 days, eye prescription to the dispensing vendor. Section 2.0: Scope of Work 2.1 The dispensing vendor shall have at least one establishment within the City limits from which employees will be measured and fitted for proper safety eyewear for the length of the contract. 2.2 The dispensing vendor shall have a large selection (fifty plus) of different styles safety frames on hand for our employees to choose from. The dispensing vendor shall send a monthly bill to Risk Management for payment of glasses dispensed that month. Each bill shall be broken down by employee and an itemized listing of services provided. One monthly check will then be issued to the vendor. 2.3 The dispensing vendor shall be required to provide reliable service with a minimum of customer complaints. The City's Representative will notify the dispensing vendor, in writing, of complaints and shall require the Dispensing vendor to provide written resolution of such complaints within thirty (30) days. If, in the opinion of the City's Representative, the dispensing vendor has exhibited a pattern of poor service or is unresponsive to customer complaints, the City's Representative may request a meeting between the dispensing vendor, purchasing staff, and the City's representative in order to resolve the poor performance issues. Should the meeting not result in improved performance, the City shall have the right to cancel the Service Agreement on thirty (30) days written notice. Section 3.0: Pricing 3.1 The dispensing vendor shall identify the cost associated with the following items: Lenses - glass, plastic, polycarbonate Lenses - Single vision, bifocal, tri-focal Frames - cost by manufacture and model number Tints Scratch coats Ultraviolet protection Photogrey Polarized lenses Progressive lenses Cable temples Side shields Silicone nose pads Higher power prescriptions Dispensing fees Plano glasses Roll and/or polish edges of lenses Anti -reflective coating Spring hinges Adjustable nose pads SA 10/2004 6 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. 2004 Aearo Company— D102_04 EXHIBIT "C" PRICING - Option #1 • $150.00 PACKAGE PRICE as currently used by the City of Fort Collins. • Lenses — Poly, Glass, Plastic Lenses included • Single, Bifocal, Trifocal and Base -Level 3 progressives included • Frames — Base Group — Group G included • Tints included • Scratch Coatings included • UV protection included • Polarized included • Cable temples included • Side Shields included • Nose Pads any type included • AR coatings included • Spring hinges included • Lab work complete included • Eyeglass Case • Warranty as read included • $20.00 Dispensing fee to be added to each invoice AOSafety will provide: • The person(s) responsible for managing the program • AOSafety/City of Fort Collins Order Authorization Forms, Paper or Electronic • Customized Invoicing options • Management reports for tracking quarterly Contact information for AOSafety: Stephanie Hoff —Walters, Area Sales Manager- Rocky Mtn Region Phone: 800-678-4163 X42002 Fax: 719-542-6121 Email: Stephanie_ walters@aearo.com Residence: Pueblo, CO Cell: 719-661-6684 Customer Service AOSafety: Colorado CS Rep: Rod Phone: 800-982-2828 Fax 800-945-2828 AOSafety Website www.aosafetysrx.com 2004 Aearo Company — D102_04 =OCCUPATIONAL PRESCRIPTION EYEWEAR Sophisticated Style. Advanced Eye Protection. City of Fort Collins $150.00 0 \1.al. 9 .....r ...... SINGLE VISION BIFOCAL TRIFOCAL PROGRESSIVE ADDITION or PLANO FT 28 or FT 35 FT 7 X 28 LENS (PAL) or FT 8 X 35 Base through Level III PACKAGE INCLUDES: ■ Wide variety of frame styles - Base through Group G Frames - Sideshields — Detachable or Permanent ■ Lens styles to fit any prescription requirement - Glass, Plastic CR39®, or Polycarbonate - Any prescription power - Any lens size (no oversize charge) ■ Tints and coatings - Tints — any color or shade - Scratch Resistant Coating (SRC) - Ultraviolet (UV) Coating ■ Eyeglass carrying case ■ F.O.B. Destination (First Class Mail) ■ Limited Warranty (see details) HIGH IMPACT PROTECTION: Polycarbonate is the most impact resistant lens material available in the market and is the only lens material that meets the ANSI Z87.1-2003 Standard for High Impact Protection and as such will be designated with a plus (+) sign on the lens. Glass and Plastic lenses meet the ANSI Z87.1-2003 Standard for Basic Impact Protection, but do not meet the requirements for High Impact Protection. PROGRESSIVE ADDITION LENS (PAL) AND 35MM SEGS LENS DESIGN ADD TO BASE PRICE BASE AO Truvision", Sofa VisualityO Included in Base Price I AO ProT" Included in Base Price II AO CornpactT", Sola XL, Sola VIP Included in Base Price III AO Easy, AO b'ActiveT", (')Sola VIPGofd" / XI -Gold" Included in Base Price Iv Sola One'" $ 40.00 FT35 mm Bifocal Included in Base Pr11 ice ........... FT8 X 35 mm Trifocal Included in Base Price Please call 800.982.2828 for price on other PAL designs not listed here. The prices above are for clear or tinted Glass, Plastic CR-39, or Polycarbonate lenses. Other lens options, such as Mid Index, High Index, Transitions, Polarized, and Photochromic may incur additional charges listed within this price schedule (see "Lens Upgrade Options"). (l) Mid Index charge included in XLGold and VIPGold price. 2004 Aearo Company - DI02 04