HomeMy WebLinkAbout277936 HAGEMEYER - CONTRACT - BID - 7110 FLAME RETARDANT CLOTHING FRSERVICES 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 Hagemeyer North America, Inc., 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 two (2) pages and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence April 1, 2010, and shall continue
in full force and effect until March 31, 2011, 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
Rev7/2009
Exhibit B Pricing Year One (As Bid)
Add Your
Total Cost
..
Carhartt Product Descri tion• ' ...
Carhartt Style# _
Sizes.
Cost/Unit
% Markup
to the,CiN
Lead timer
SHIRTS "Includes cost of one -color Silkscreened Loi
jo
+
=
initial
10-15 days
Flame -Resistant Long -Sleeve Henley
FRK293DNY
S - 2XL
$45.78
15.942
$53.08
ARo
10-15 days
FRK293DNY-Big3XL
- 4XL
$50.93
15.942
$59.05
ARo
10-15 days
FRK293DNY-Tall
M - 3XL
$56.08
15.942
$65.02
ARo
10-15 days
FRK293LGY
S - 2XL
$45.78
15.942
$53.08
ARo
10-15 days
FRK293LGY-Big3XL
- 4XL
$50.93
15.942
$59.05
ARo
10-15 days
FRK293LGY-Tall
M - 3XL
$56.08
15.942
$65.02
ARo
10-15 days
Flame -Resistant Long -Sleeve T-Shirt
FRK294DNY
S - 2XL
$45.78
15.942
$53.08
ARo
10-15 days
FRK294DNY-Big3XL
- 4XL
$50.93
15.942
$59.04
ARo
10-15 days
FRK294DNY-Tall
M - 3XL
$56.08
15.942
$65.02
ARo
10-15 days
FRK294LGY
S - 2XL
$45.78
15.942
$53.08
ARo
10-15 days
FRK294LGY-Big3XL
- 4XL
$50.93
15.942
$59.05
ARo
10-15 days
FRK294LGY-Tall
M - 3XL
$56.08
15.942
$65.02
ARo
10-15 days
Flame -Resistant Long -Sleeve Mock Turtleneck
FRK295DNY
S - 2XL
$45.78
15.942
$53.08
ARo
10-15 days
FRK295DNY-Big3XL
- 4XL
$50.93
15.942
$59.05
ARo
10-15 days
FRK295DNY-Tall
M - 3XL
$56.08
15.942
$65.02
ARo
10-15 days
FRK295LGY
S - 2XL
$45.78
15.942
$53.08
ARo
10-15 days
FRK295LGY-Big3XL
- 4XL
$50.93
15.942
$59.05
ARo
10-15 days
FRK295LGY-Tall
M - 3XL
$56.08
15.942
$65.02
ARo
10-15 days
Flame -Resistant Zi -Front Hooded Sweatshirt
FRK296DNY
S - 2XL
$99.85
15.942
$115.77
ARo
10-15 days
FRK296DNY-Big
3XL - 4XL
$110.15
15.942
$127.71
ARo
10-15 days
FRK296DNY-Tall
M - 3XL
$120.45
15.942
$139.65
ARo
SUPPLEMENTAL INSTRUCTIONS
Prices quoted must remain firm for Year One of the resulting Contract.
Freight terms: F.O.B. destination freight prepaid. All freight charges must be included in pricing
submitted on proposal and not entered as separate pricing.
The City reserves the right to accept or reject any and all Bids; and to award in the best interests
of the City.
Vendor's Statement:
I have read and understand the specifications and requirements for this bid and I agree to comply
with such specifications and requirements. I further agree that the method of award is acceptable
to my company. I also agree to complete a signed contract with the City of Fort Collins within 30
days of notice of award.
FIRM NAME: Haaemever North America, Inc.
ADDRESS: 1460 Tobias Gads on Blvd.
EMAIL ADDRESS: Pmc c lure @hagemeyerna. com PHONE: (843) 745-2145
BIDDER'S NAME: at McClure - SVP Integrated Sup ly
SIGNATURE:
SERVICE ISSUES CONTACT: Debbie Sanchez
i
TELEPHONE: 928-768-402''1 FAX: 803-753-692
EMAIL: dsanchez@hagemeyerna.
CELL #:
EMERGENCY: 888-745-648
BACKUP: Chris Rieber 970-213-0502
BILLING ISSUES CONTACT: Debbie Sanchez
TELEPHONE: 928-768-4024 FAX: 803-753-6920
EMAIL: dsanchez@haaemeverna.com
CELL #:
EMERGENCY: 888-745-6486
BACKUP: Chris Rieber 970-213-0502
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
Hagemeyer North America,
Attn: Purchasing
Attn: DeEtta Carr, Utilities
Inc.
PO Box 580
Purchasing Coordinator
Attn: Contracts
Fort Collins, CO 80522
PO Box 580
1460 Tobias Gadson Blvd.
Fort Collins, CO 80522
Charleston, SC 29407
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 three (3) 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
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
Rev7/2009
2
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any
of the services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this Agreement.
10. Warranty.
a. Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance with accepted standards
for work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
C. Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship for a period
beginning with the start of the work and ending twelve (12) months from and after final acceptance
under the Agreement, regardless whether the same were furnished or performed by Service
Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any
such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or
replaced by Service Provider in a manner and at a time acceptable to City.
11. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to
the terms of this agreement, such party may be declared in default thereof.
12. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period often (10) days within which to cure said default. In the event the default
Rev7/2009
3
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 parry'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. 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.
15. 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.
Rev?/2009
4
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James . O' eill II, CP O, FNIGP
Direct r of urchasing and Risk Management
Date:
Hagemeyer North America, Inc.
Scott D. Moore
PRINT NAME
Vice President, Contracts
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 03-31-2010
ATTEST: � 0",—A (Corporate Seal)
CORPORATE SECRETARY--
iAvL. Tr2otz,��
Rev?/2009
5
EXHIBIT A
SCOPE OF WORK
Objective: Service Provider has been selected to provide Carhartt FR apparel for
Fort Collins Light & Power Flame Retardant (FR) clothing. The National Fire
Protection Association has recently stipulated in NFPA 70E-2009 130.3.13 that
arc -rated FR clothing and other personal protective equipment be worn when
employees are working with the Arc Flash Protection Boundary. The
Occupational Safety and Health Administration (OSHA) has defined the
maximum use limit for such clothing to be 11.1 calorie.
2. Ordering Process: The City will submit orders for Carhartt FR apparel to the
Service Provider by referencing the appropriate Carhartt Style Number (which
includes Color) and Size when submitting the order.
A. Annually, for the duration of the Services Agreement, the City will submit
a Blanket Purchase Order for the calendar year which will authorize
payment for the items ordered from Service Provider within that
calendar year. Payment for items ordered will be on a Net 30 Days
basis, payable by check from City of Fort Collins Accounts Payable.
B. Lead times will be as follows:
i. 1-12 days ARO on Pants
ii. 10-15 days ARO on Shirts (turnkey with silkscreened or
embroidered City Department Logo)
C. The City will submit a Stocking Order once a year, usually in the
February -March timeframe. Other orders may be placed periodically
throughout the year; the City will try to batch those as much as possible
to minimize any setup cost for silkscreened or embroidered logos on
shirts. The City reserves the right to purchase any single orders
outside of this Contract on an as -needed basis.
D. For large Stocking Orders, Service Provider will deliver in bulk to the
City. Service Provider will provide their personnel to assist City
personnel to sort and bag up "kitted orders" by the ordering individual's
name, in order to facilitate the distribution of the individual orders to the
end -user.
3. Logos: The City will submit samples of camera-ready artwork for any
silkscreened or embroidered City logos required for turn -key shirt orders. Service
Provider agrees to in turn provide "proof' copies to be signed off by City
representative (for form, color, and placement) prior to approving the application
of logos to any City orders.
4. Pricing:
A. Year One: As Bid, F.O.B. City of Fort Collins Utilities Service Center
Warehouse, Fort Collins, Colorado (to include the addition of
silkscreened items, as requested by the City).
B. Year Two & forward: Service Provider will give a minimum of 30 days
written notice of any cost increase by the manufacturer (Carhartt).
Typically any cost increases occur around the first of the year; the City
acknowledges that Service Provider cannot control the timing of any
cost increases from the manufacturer.
C. Service Provider's Markup Percentage will stay constant at 15.942% as -
bid for the duration of this Contract.
i. Pants: 2011 Carhartt Cost x 1.15942 Markup = CFC Price
ii. Shirts: (2011 Carhartt Cost + Logo) x 1.15942 Markup = CFC
Price
D. The City reserves the right to add additional items to our "catalog" on an
as -needed basis with the same cost + markup formula as above.
Typically this will be done at the annual contract renewal period.
5. Returns:
A. Silkscreened or embroidered items are non -returnable, unless there is a
manufacturer's defect in the garment.
B. In the event manufacturer (Carhartt) sizing is inconsistent, manufacturer
(Carhartt) agrees the City can ship these items back to them at no
charge, and they will send a new replacement at no charge.
C. The City agrees to pay freight back if it is an ordering error on our part
on a non-logo'd item, and the City elects to return it.
6. Contacts:
A. Service Provider Billing & Service Issues:
i. Debbie Sanchez: Phone 928-768-4024
dsanchez(a)hagemeverna.com
Fax 803-753-6920
Chris Rieber: Phone 970-213-0502
crieber(a)hagemeverna.com
Fax 803-705-8917
B. City Issues:
i. DeEtta Carr, Purchasing Phone 970-221-6773
dcarr fcgov.com
Fax 970-416-2208
ii. Wayne Sterler, L&P Phone 970-221-6517
wsterler fcgov.com
Exhibit B Pricing Year One (As Bid)
Ad Your
Tofal'Cost
Carhartt Product.Descri tion. ;
;:
GartiarttS le# >a'
Sizes
Cost/Unit
:%o MarkuP
_a
fo the CitY
Lead.time
PANTS
+
=
_ .
initial
10-12 days
Flame -Resistant Denim Dungaree
-7
FRB13DNM
30 - 50
$40.17
15.942
$46.57
ARo
1
10-12 days
FRB13DNM-Big52
- 54
$44.29
15.942
$51.35
ARo
10-12 days
Flame -Resistant Loose -fit Midwei ht Canvas Jean
FRB159DNY
30 - 50
$43.78
15.942
$50.76
ARo
10-12 days
FRB159DNY-Bi
52 - 54
$48.41
15.942
$56.13
ARo
10-12 days
FRB159GKH
30 - 50
$43.78
15.942
$50.76
ARo
10-12 days
FRB159GKH-Big52
- 54
$48.41
15.942
$56.13
ARo
10-12 days
Flame -Resistant Relaxed -Fit Denim Jean
FRB160DNM
30 - 50
$42.23
15.9421
$48.96
ARo
10-12 days
FRB160DNM-Bi
52 - 54
$46.35
15.942
$53.74
ARo
10-12 days
Flame -Resistant Duckwork Dungaree
FRB229BRN
30 - 50
$43.26
15.942
$50.16
ARo
10-12 days
FRB229BRN-Big52
- 54
$47.38
15.942
$54.93
ARo
10-12 days
FRB229DNY
30 - 50
$43.26
15.942
$50.16
ARo
10-12 days
FRB229DNY-Big52
- 54
$47.38
15.942
$54.93
ARo
10-12 days
Flame -resistant Canvas Caro Pant
FRB240
30 - 50
$47.38
15.942
$54.93
ARo
10-12 days
FRB240-Bi
52 - 54
$51.50
15.942
$59.71
ARo
10-12 days
Flame -resistant Relaxed fit Li htwei ht Jean
FRB100DNM
30 - 50
$35.02
15.942
$40.60
ARo
10-12 days
FRB100DNM-Bi
52 - 54
$39.14
15.942
$45.38
ARo
10-12 days
Flame -resistant Twill Work Pant
FRB002
30 - 50
$38.11
15.942
$44.19
ARo
10-12 days
FRB002-Bi
52 - 54
$42.23
15.942
$48.96
ARo
Exhibit B Pricing Year One (As Bid)
ICarhartt
Add Your
TotaPCost
Carhartt Product Description
Style# ;'
Sizes
Cost/Unif `
% Markup_
to the City
Lead time
SHIRTS * Includes cost of three -color Embroidered Lo o
+
=
initial
10-15 days
Flame -Resistant Long -Sleeve Henley
FRK293DNY
S - 2XL
$46.78
15.942
$54.23
ARo
10-15 days
FRK293DNY-Big3XL
- 4XL
$51.93
15.942
$60.20
ARo
10-15 days
FRK293DNY-Tall
M - 3XL
$57.08
15.942
$66.17
ARo
10-15 days
FRK293LGY
S - 2XL
$46.78
15.942
$54.23
ARo
10-15 days
FRK293LGY-Big3XL
- 4XL
$51.93
15.942
$60.20
ARo
10-15 days
FRK293LGY-Tall
M - 3XL
$57.08
15.942
$66.17
ARo
10-15 days
Flame -Resistant Long -Sleeve T-Shirt
FRK294DNY
S - 2XL
$46.78
15.942
$54.23
ARo
10.15 days
FRK294DNY-Big3XL
- 4XL
$51.93
15.942
$60.20
ARo
10-15 days
FRK294DNY-Tall
M - 3XL
$57.08
15.942
$66.17
ARo
10-15 days
FRK294LGY
S - 2XL
$46.78
15.9421
$54.23
ARo
10.15 days
FRK294LGY-Big3XL
- 4XL
$51.93
15.942
$60.20
ARo
10-15 days
FRK294LGY-Tall
M - 3XL
$57.08
15.942
$66.17
ARo
10-15 days
Flame -Resistant Long -Sleeve Mock Turtleneck
FRK295DNY
S - 2XL
$46.78
15.942
$54.23
ARo
10-15 days
FRK295DNY-Big3XL
- 4XL
$51.93
15.942
$60.20
ARo
10-15 days
FRK295DNY-Tall
M - 3XL
$57.08
15.942
$66.17
ARo
10-15 days
FRK295LGY
S - 2XL
$46.78
15.942
$54.23
ARo
10-15 days
FRK295LGY-Big3XL
- 4XL
$51.93
15.942
$60.20
ARo
10-15 days
FRK295LGY-Tall
M - 3XL
$57.08
15.942
$66.17
ARo
10.15 days
Flame -Resistant Zi -Front Hooded Sweatshirt
FRK296DNY
S - 2XL
$100.85
15.942
$116.93
ARo
10-15 days
FRK296DNY-Big3XL
- 4XL
$111.15
15.942
$128.87
ARo
10-15 days
FRK296DNY-Tall
M - 3XL
$121.45
15.942
$140.81
ARo