HomeMy WebLinkAboutRFP - 7191 PRESCRIPTION SAFETY GLASSESr'�`/ 0�
Financial Services
City
Purchasing Division
215 N. Mason St. 2nd Floor
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Collins
Box 580
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Fort Collins, CO 80522
970.221.6775
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U rc g
970.221.6707
fcgov. com/purchasing
REQUEST FOR PROPOSAL
7191 Prescription Safety Glasses
The City of Fort Collins is soliciting proposals for prescription safety glasses for employees who
have the potential to be exposed to an operation or area where eye hazards normally exist.
Written proposals, four (4) 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), January 5, 2011. Proposal No. 7191. 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.
Questions concerning the scope of the project should be directed to Project Manager Lance
Murray, at (970) 221-6807, or Imurray@fcgov.com.
Questions regarding bid submittal or process should be directed to David Carey, CPPB. Buyer,
at (970) 416-2191, or dcarey@fcgov.com
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcqov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request
a copy of the Bid.
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
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.
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. 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,
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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.
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.
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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
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
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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. 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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ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
By:
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST: (Corporate Seal)
CORPORATE SECRETARY
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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.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's employees
engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
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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
where renewal is a way of life
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7191 Prescription Safety Glasses
Section 1.0: Proposal Requirements
1.1 General Description
The City of Fort Collins is soliciting proposals for prescription safety glasses for employees who
have the potential to be exposed to an operation or area where eye hazards normally exist.
1.2 Proposal Submittal
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
Firms submitting proposals shall submit four (4) copies of the proposal with the following
information:
a. Company history and experience providing safety glasses, as described in the
scope of work.
b. The name of the company representative responsible for coordinating safety
glasses services, including service requests.
C. References from two or more organizations which have used your company for
similar products and services within the last two years.
d. A written description of the proposed products and services as required below.
e. Addresses of dispensing vendor establishments in the local area (typically Fort
Collins — Wellington).
Pricing, as requested.
The proposal must be signed by a duly authorized representative of the firm submitting the
proposal and include the title of the individual and contact information.
Section 2.0: Background
The City of Fort Collins provides prescription safety glasses to all employees requiring
prescriptions that have the potential to be around hazardous work. These prescription 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 3.0: Scope of Services
3.1 The dispensing vendor shall have at least one (1) establishment within the City
limits from which employees will be measured and fitted for proper prescription safety eyewear
for the length of the contract.
3.2 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.
3.3 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 4.0: Pricing
In your written response to this proposal, provide pricing to cover the following items:
4.1 The dispensing vendor shall identify the cost associated with the following items:
Lenses - polycarbonate
Lenses - Single vision, bifocal, tri-focal,
Frames - cost by manufacture and model number
Scratch coats
Ultraviolet protection
Photogrey / transition
Polarized lenses
Progressive lenses
Side shields
Higher power prescriptions
Dispensing fees
Roll and/or polish edges of lenses
Anti -reflective coating
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Section 5.0: Evaluation
5.1 Evaluation and Assessment of Proposal
An evaluation committee shall rank the interested firms based on their written proposals using
the ranking system set forth below. Firms shall be evaluated on the following criteria.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 an average rating, and 5 an
outstanding rating. Recommended weighing factors for the criteria are listed adjacent to the
qualification.
Weighting
Qualification
Standard
Factor
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 work on the contract have
the necessary skills?
1.0
Availability
Can City employees receive quality service in a
reasonable time?
1.0
Motivation
Is the firm interested in implementing and
supporting long-term, quality, Prescription Safety
Glasses services?
2.0
Cost and Work
Is the proposed cost for the various services
Hours
equitable?
2.0
Firm Capability
Does the firm have the support capabilities to
provide long-term Prescription Safety Glasses
services?
5.2 Reference Evaluation (Top -ranked firms)
The Project Manager will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory / Unsatisfactory.
5.3 Qualification and Standard
a. Overall Performance - Would this firm be your Prescription Safety Glasses supplier
again?
b. Customer Service - Was this firm supplying a quality product with quality service?
c. Completeness - Was the firm responsive to customer needs; did the firm anticipate
problems? Were problems solved quickly and effectively?
Section 6.0: Proposal Acceptance
6.1 All proposals shall remain subject to initial acceptance 90 days after the day of
submittal.
6.2 Selected firm must complete and sign the City's Service Agreement (see attached
example) and provide acceptable proof of insurance that names the City of Fort Collins as an
additional insured per Exhibit "B".
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.
4. Contract Period. [Option 21 This Agreement shall commence 200
and shall continue in full force and effect until , 200 unless sooner terminated as
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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
Attn: Purchasing
Attn:
PO Box 580
PO Box 580
Fort Collins, CO 80522
Fort Collins, CO 80522
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.
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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.
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.
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