HomeMy WebLinkAboutBID - 7110 FLAME RETARDANT CLOTHING FRof
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CITY OF FORT COLLINS
BID PROPOSAL
BID #7110
BID OPENING: February 12, 2010, 3:00 p.m. (our clock)
Purchasing Division
215 North Mason Street
P.O. Box 580
Fort Collins, CO 80522-0580
(970)221-6775
Fax (970)221-6707
www.fcqov.com
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS REQUIREMENTS
FOR FLAME RETARDANT (FR) CLOTHING, PER THE BID INVITATION AND ANY
REFERENCED SPECIFICATIONS.
BID GUIDELINES & OBJECTIVES:
• Objective: Select a vendor (or vendors) 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.
• The City will require the awarded vendor (or vendors) to provide a sample to be
submitted for approval prior to placing the initial order. For items with more than one
color and/or size listed, it is acceptable to supply one sample along with fabric color
swatches of the others. Samples are not expected to include the embroidered logos. All
samples must be tagged with the Style # from the Bid Sheet and the Bidder's Firm Name,
so that they can be identified.
• Note that the items listed on the bid must be the item indicated,
manufactured by Carhartt. No substitutes are acceptable!
• City of Fort Collins will be the final authority on determination of acceptable quality.
• FR jeans need to be with arc -resistant high-tension snap closure at waist, brass zipper fly
with Nomex zipper tape and triple stitched seams. Sizes will vary for Men: 30-54 waist,
30-36 inseam.
• Bidders are to submit their plan for measuring Fort Collins employees for correct pants
sizes prior to order placement, as part of their Bid Submission. For example, an on -site
"Measuring Day':
• For Shirts & Sweatshirts: The cost of a three -color embroidered logo must be included in
the quoted cost of the clothing item. Arc Rated thread is mandatory for the
embroidered product and all buttoned shirts will need melamine buttons. City of
Fort Collins will provide camera-ready artwork for the City of Fort Collins Light &
Power logo.
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
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.
20. Amendment 54 To the extent that this Agreement may constitute a "sole
source government contract' within the meaning of Section 2(14.4) of Article XXVIII of the
constitution of the State of Colorado, about which the City makes no representation, Section 15
of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and
made a part hereof:
Section 15. Because of a presumption of impropriety between contributions
to any campaign and sole source government contracts, contract holders shall contractually
agree, for the duration of the contract and for two years thereafter, to cease making, causing to
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be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the
contract holder or on behalf of his or her immediate family member and for the benefit of any
political party or for the benefit of any candidate for any elected office of the state (of Colorado)
or any of its political subdivisions.
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.
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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
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Scott D. Moore
PRINT NAME
Vice President, Contracts
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
CORPORATE SECRETARY
(Corporate Seal)
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• Apparel will be procured on a Direct Purchase basis. Leasing is not an option for this
initial award. Quantities are an estimate; City of Fort Collins does not guarantee that
order volume in any particular ordering year.
• Bidders are to submit examples of any on-line order placement capability they have, as
part of their Bid Submission. Must include access to the awarded Fort Collins Contract
Pricing, including the logo'd items. If you have a current online ordering website,
provide the web address.
• Bidders are to state their procedure for handling returns as part of their Bid Submission.
• Vendors will include lead time for the initial order as part of their bid. Please fill it in
where indicated on the Bid Sheet. All prices will be quoted as delivered to facilities in
Fort Collins, Colorado. Prices for shirts are to include the specified embroidered logo.
• This will be an annual contract. At the option of the City, the Award for this Bid may be
extended for additional one year periods not to exceed four (4) additional one year
periods. The City of Fort Collins reserves the right to add/change/delete items on this
contract over the course of the anticipated renewal period(s).
• Bidders need to fill out the following on the attached Bid Sheet and return it to the City
as part of their Bid Submission:
o Item Cost per Unit
o Percent Markup Cost (Markup Cost on Shirts to include Embroidered 3-color
Logo cost)
o Lead Time for Initial Order (including Logos, where applicable)
o Level where there are Quantity Breaks (if any)
o The Total of the Unit Costs to City for all items in that Category
o The Average Cost to City for all items in that Category
Please supply pricing and delivery information, all items to be quoted F.O.B. Fort Collins,
Colorado, as requested below; and mail your Bid Submission form (plus any additional info)
and Bid Sheet with Bid 7110 FR Clothing on the envelope to arrive by the bid opening date and
time.
The City prefers to award this Bid on an All -or -None basis. The City reserves the right to accept
or reject any and all bids, and to waive any irregularities or informalities.
Any questions regarding this Bid process should be directed to Ed Bonnette in Purchasing at
970-416-2247. Any questions regarding technical specifications should be directed to Wayne
Sterler in Light & Power at 970-221-6517.
• Estimated quantity for jeans will be 300 — 350 total pairs of the various FR styles.
• Estimated quantity for shirts will be 300 — 350 total of the various FR styles.
• City of Fort Collins does not guarantee that order volume in any particular ordering year.
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PLEASE GO TO www.fc2ov.com/purchasing TO REGISTER IN OUR E-
PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO
SELECT ALL APPROPRIATE COMMODITY CODES!
COMMODITY CODE USED FOR THIS BID IS:
200-84 WEARING APPAREL, WORK, MEN'S AND WOMEN'S
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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 pages
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 ( ) pages, 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.
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4. Contract Period. [Option 2] This Agreement shall commence , 200 ,
and shall continue in full force and effect until , 200 , 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 ( ) 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.
5. 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
6. 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
Hagemeyer North America, Inc.
Attn: Purchasing
Attn:
Attn: Contracts
PO Box 580
PO Box 580
1460 Tobias Gadson Blvd.
Fort Collins, CO 80522
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
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Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
right and remedy for such termination.
7. 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 "A",
consisting of pages, and incorporated herein by this reference.
8. 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.
9. 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.
10. 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.
11. 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.
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12. 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.
13. 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.
14. 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.
15. Bindinq 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.
16. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its
officers, agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, result from or occurring in connection with the
performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the
work hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the
Service Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within Exhibit B,
consisting of one (1) page, attached hereto and incorporated herein by this reference. The
Service Provider before commencing services hereunder, shall deliver to the City's Director of
Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a
certificate evidencing the insurance coverage required from an insurance company acceptable
to the City.
.17. 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.
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18. 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.
19. 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
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