Loading...
HomeMy WebLinkAboutBID - 7400 GREEN UNIFORM CLEANING SERVICESBID 7400 Green Uniform Cleaning Services Page 1 of 21 INVITATION TO BID 7400 GREEN UNIFORM CLEANING SERVICES BID OPENING: 3:00 P.M. (our clock), June 22, 2012 The City of Fort Collins is requesting bids from firms for green uniform cleaning for the City of Fort Collins Police Department (FCPD). Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. 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. Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), June 22, 2012. A copy of the Bid document in Word format is posted on the BuySpeed system so Bidders can fill it in electronically. Hard copies must be sealed & delivered to Purchasing office as directed above. Questions concerning the scope of the bid should be directed to Project Manager, Tricia Muraguri at (970) 221-6541 or tmuragari@fcgov.com. Questions regarding bid submittal or process should be directed to Ed Bonnette, CPM, CPPB, Buyer at (970) 416-2247 or ebonnette@fcgov.com . A copy of the Bid may be obtained as follows: 1. Download the Bid from the Purchasing Webpage, Current Bids page, at: http://fcgov.com/eprocurement Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. 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 BID 7400 Green Uniform Cleaning Services Page 2 of 21 No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. 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. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self-stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid opening. James B. O’Neill II, CPPO, FNIGP Director of Purchasing and Risk Management BID 7400 Green Uniform Cleaning Services Page 3 of 21 CITY OF FORT COLLINS BID PROPOSAL BID #7400 GREEN UNIFORM CLEANING SERVICES BID OPENING: June 22, 2012, 3:00pm, (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS REQUIREMENTS FOR GREEN UNIFORM CLEANING SERVICES, PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS. SPECIFICATIONS: 1. General: This specification covers the uniform cleaning requirements of the City of Fort Collins Police Department (FCPD). Awards shall be for an initial period of one year, from July 15, 2012 through July 14, 2013. Cleaning Services under this agreement shall be provided only to authorized department personnel. At the option of the City awards may be renewed for up to four (4) additional one-year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties at the time of the annual renewals. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. 2. Assignment & Equipment: Assignment or transfer of this agreement shall not be allowed without written approval by the City of Fort Collins. Service Provider shall have necessary equipment to provide wet or dry cleaning of clothing and shall not employ a third party for this operation. The City reserves the right to inspect equipment on the bidder's premises. 3. Quantities: The quantities listed are approximate annual quantities, based on past purchase records. The actual number of items cleaned may vary, as the City reserves the right to make Split Awards for this Bid to multiple locations around the Fort Collins area. 4. Pickup and Delivery: Uniforms and apparel will be delivered to and picked up from the vendors by authorized police department personnel. Also, vendors may include pickup and delivery service at the Fort Collins Police Services facility at 2221 South Timberline Road. 5. Unlisted Items: The City shall only pay for the cleaning of items listed in this bid. 6. Lost or Damaged Items: If the officer determines that an item has been lost or damaged by the Service Provider, the City of Fort Collins reserves the right to reduce the bill by the current replacement value for that item. If lost article is not located by the end of the current billing cycle, payment for that billing cycle will be reduced by the current replacement cost of the lost article. 7. Minimum Specifications: Shirts, Uniformed Officers - Items are to be wet or dry cleaned (per City Environmental Standards) as specified by the officer, mended as needed, and returned wrinkle-free and with all buttons firmly in place. Uniform shirts must be pressed with military creases and returned on hangers. Shirts, Plain Clothes Officers - Items are to be wet or dry cleaned as specified by the officer, mended as needed and returned wrinkle-free and with all buttons firmly in place. Return on hangers. BID 7400 Green Uniform Cleaning Services Page 4 of 21 Trousers, Uniformed Officers - Items are to be wet or dry cleaned as specified by officer, mended as needed, returned wrinkle-free and with all buttons firmly in place. Trousers, Plain Clothes Officers - Items are to be wet or dry cleaned as specified by the officer, mended as needed, returned wrinkle-free and with all buttons firmly in place. Jackets, Uniformed Officers - Items are to be wet or dry cleaned, mended as needed, returned wrinkle-free and with no mats in pile. Return on hangers. Clean on an as needed basis. Sport Coats, Plain Clothes Officers - Items are to be dry cleaned only, mended as needed, returned wrinkle-free and with all buttons firmly in place. Return on hangers. Caps, Uniformed Officers - Items are to be dry cleaned only on an as needed basis Neckties, Uniformed and Plain Clothes Officers - Items are to be dry cleaned only on an as needed basis. Skirts, Dresses, Blouses, Etc. - Plain Clothes Female Officers - Items are to be wet or dry cleaned as specified by the officer, mended as needed and returned wrinkle-free and with all buttons firmly in place. Return on hangers. 8. Alteration Service: Service Providers shall perform quality alteration services as requested by authorized personnel. Alteration service shall consist of: (1) taking up and tapering of pants; (2) taking up or letting out waist; (3) shortening or lengthening trousers; (4) taking up and tapering of shirt body and sleeves; (5) taking up sleeve length; and (6) sewing patches (i.e., emblems) onto Uniforms . The City of Fort Collins reserves the right to employ other firms for such alteration services. 9. Normal Service: All uniforms and plain clothes attire worn in lieu of uniforms must be ready for use within two (2) working days from the time delivered to service provider. The City of Fort Collins may deduct 5% of officer's billing for each additional day should the cleaning time exceed two (2) working days. A schedule of business closures due to holidays, normal days closed, etc. must be furnished in writing by the Service Provider to the FCPD representatives. 10. Complaint Forms: Service Provider must provide complaint forms to the designated representatives, when requested. Service Provider must report on corrective action taken in response to reported problems. 11. City Representative: The FCPD shall specify in writing designated representatives to which the Service Provider shall address all questions, correspondence, etc. METHOD OF AWARD: The bid proposal is divided into seven sections. All seven sections must be bid. Partial bids will not be considered. Vendors may bid on only Wet Cleaning, only Dry Cleaning; or on both services. Note that some items are designated as Dry Clean Only. BID 7400 Green Uniform Cleaning Services Page 5 of 21 Firms will be evaluated and scored as follows: Category Weighting Factor Criteria Scoring System 1 2.0 Total Cleaning Cost Lowest Cost: 5 points Others: Low Bid/Bid x 5 2 1.0 Average Cost of Alterations Lowest Cost: 5 points Others: Low Bid/Bid x 5 3 1.0 Tailoring Services Full Time = 2 points Part Time = 1 point Not available = 0 points 4 1.0 Ownership History Over 5 years = 5 points 2-5 years = 3 points < 2 years = 0 points 5 2.0 Locations/ Delivery Pickup & Dropoff at FCPD = 5 points 2 or more locations with 2 Working Day Service = 4 points < 2 locations with 2 Working Day Service = 3 points 6 1.0 Billing Capability Outstanding = 5 points Average = 3 points Poor or N/A = 0 points 7 2.0 Sustainability Best Choice = 5 points Good Choice = 4 points Mid-Range Choice = 3 points Worst Choice = 0 points It is the intention of the City to award a contract for Professional Wet Cleaning and also for Professional Dry Cleaning. Vendors need to fill out the Bid Sheet completely for each service they wish to bid on (Wet Cleaning, Dry Cleaning, or both) and complete all seven (7) categories plus References. Multiple contracts may be awarded, at the option of the City. Successful Bidders will be expected to sign a Services Agreement as condition of Bid Award (see sample attached). The City reserves the right to accept or reject any and all Bids; and to award in the best interests of the City. The City reserves the right to award items by Total Bid, or by Product Type &/or Group; if that is more advantageous to the City. BID 7400 Green Uniform Cleaning Services Page 6 of 21 BID SHEET: Bid # 7400, Green Uniform Cleaning Services (Company Name) 1A. WET CLEANING: Quantities are approximate annual estimates for bidding purposes only. Actual quantities may be subdivided by multiple awards based on location. Item Description Qty. Price, each Price, total 1 Shirts, short-sleeve, uniformed officers. Clean as specified by officer, mend as needed, press with military creases, return wrinkle-free on hangers. 4000 $________ $________ 1A Shirts, long-sleeve, uniformed officers. Clean as specified by officer, mend as needed, press with military creases, return wrinkle-free on hangers. 4000 $________ $________ 2 Shirts, plain clothes officers. Clean as specified by officer, return wrinkle-free on hangers. 4000 $________ $________ 3 Trousers, uniformed officers. Clean as specified by officer, return wrinkle-free. 3500 $________ $________ 4 Trousers, plain clothes officers. Clean as specified by officer, return wrinkle-free. 4000 $________ $________ 5 Jackets, uniformed officers. Clean as specified by officer, return wrinkle-free on hangers with no mats in pile. 100 $________ $________ 6 Sport Coats, plain clothes officers. Dry clean as specified by officer, return wrinkle- free on hangers. 100 NA NA 7 Hats, uniformed officers. Dry clean hat as specified by officer. 1 BID 7400 Green Uniform Cleaning Services Page 7 of 21 Item Description Qty. Price, each Price, total 12 12 Vests, plain clothes officer. Clean as specified by officer, mend as needed, return wrinkle-free on hangers. 50 $________ $________ 13 Sweaters, uniformed officers. Dry clean as specified by officer, return wrinkle- free on hangers with no mats in pile. 50 NA NA 14 Sweaters, plain clothes officers. Dry clean as specified by officer, return wrinkle- free on hangers. 200 NA NA 15 Traffic Vests. Clean as specified by officer, return wrinkle-free. Mend as needed. 100 $________ $________ 16 Knit ski caps. Dry clean as specified by officer, mend as needed. 100 NA NA 17 Coveralls. Clean as specified by officer, return wrinkle-free. Mend as needed. 50 $________ $________ Total of all items for Wet Cleaning $ 1B. DRY CLEANING: Quantities are approximate annual estimates for bidding purposes only. Actual quantities may be subdivided by multiple awards based on location. Item Description Qty. Price, each Price, total 1 Shirts, short-sleeve, uniformed officers. Clean as specified by officer, mend as needed, press with military creases, return wrinkle-free on hangers. 4000 $________ $________ 1A Shirts, long-sleeve, uniformed officers. Clean as specified by officer, mend as needed, press with military creases, return wrinkle-free on hangers. 4000 $________ $________ 2 Shirts, plain clothes officers. Clean as specified BID 7400 Green Uniform Cleaning Services Page 8 of 21 Item Description Qty. Price, each Price, total 4 Trousers, plain clothes officers. Clean as specified by officer, return wrinkle-free. 4000 $________ $________ 5 Jackets, uniformed officers. Clean as specified by officer, return wrinkle-free on hangers with no mats in pile. 100 $________ $________ 6 Sport Coats, plain clothes officers. Dry clean as specified by officer, return wrinkle- free on hangers. 100 $________ $________ 7 Hats, uniformed officers. Dry clean hat as specified by officer. 1 (As Need) $________ $________ 8 Neckties, uniformed and plain clothes officer. Dry clean as specified by officer. 50 $________ $________ 9 Skirts, plain clothes officer. Clean as specified by officer, mend as needed, return wrinkle-free on hangers. 1 (As Need) $________ $________ 10 Dresses, plain clothes officer. Clean as specified by officer, mend as needed, return wrinkle-free on hangers. 1 (As Need) $________ $________ 11 Blouses, plain clothes officer. Clean as specified by officer, mend as needed, return wrinkle-free on hangers. BID 7400 Green Uniform Cleaning Services Page 9 of 21 Item Description Qty. Price, each Price, total 17 Coveralls. Clean as specified by officer, return wrinkle-free. Mend as needed. 50 $________ $________ Total of all items for Dry Cleaning $ 2. ALTERATIONS: Price for alteration services, as follows: Description Price, each 1 – Taking up and tapering of pants $__________ 2 – Taking up and letting out waist $__________ 3 – Shortening or lengthening trousers $__________ 4 – Taking up and tapering of shirt body and sleeves $__________ 5 – Taking up sleeve length $__________ 6 – Sewing patches (i.e., emblems) onto Uniforms $__________ Total $__________ Total divided by 6 = Average Cost of Alterations $__________ 3. TAILORING: (Must Check One) Are tailoring services available at your place of business during normal business hours? Full time (30-40 hours a week)____ . Part time ( under 30 hours per week) ____. Not available ____. 4. OWNERSHIP HISTORY: (Must Check One) How long have the present owners operated the business? More than 5 years ____. Between 2 and 5 years ____. Less than 2 years ____. 5. LOCATION INFORMATION: Main location, address and business hours: Address:_________________________________________________________ Monday-Friday: _____ AM to _____ PM and Saturday: _____ AM to _____ PM Please List the same information for any and all satellite locations where uniforms can be returned to the officer, cleaned and ready for use, within two working days. If you are offering free pickup & delivery at Fort Collins Police Department, include that here. Use a separate sheet, if necessary. BID 7400 Green Uniform Cleaning Services Page 10 of 21 Address:_________________________________________________________ Monday-Friday: _____ AM to _____ PM and Saturday: _____ AM to _____ PM Address:_________________________________________________________ Monday-Friday: _____ AM to _____ PM and Saturday: _____ AM to _____ PM Address:_________________________________________________________ Monday-Friday: _____ AM to _____ PM and Saturday: _____ AM to _____ PM 6. BILLING CAPABILITY: Service Provider must be able to provide accurate, detailed, itemized Monthly Statements. Please enclose samples to illustrate your capabilities to do so. 7. SUSTAINABILITY: Bidder MUST specify cleaning processes to be used, below. Note that it is the City’s intention to award to vendors whose processes DO NOT include those under the “Worst Choices” category on the Comparison of Health and Environmental Hazards for Alternative Cleaning Technologies chart listed below. Processes will be assigned a score according to Category 7 under Method of Award, above. PERC (perchloroethylene, also known as tetrachloroethylene), has been shown to have significant negative health impacts. The US EPA recently issued a draft assessment calling PERC a “likely human carcinogen,”1 and the State of California categorizes the solvent as a carcinogen (on the Prop 65 list), and is completely phasing out use of the chemical in the state. In addition, PERC is a neurotoxin, harms liver and kidney function, and persists in the environment.2 7.A. Bidders are required to disclose the types of cleaning technology, process, solvents, etc used in their process as part of their Bid Submission, below: ___________________________________________________________________ 7.B. Bidders are required to provide Material Safety Data Sheets for all products to be used for cleaning the types of garments and textiles listed in this solicitation, as part of their Bid Submission. REFERENCES: 1 National Academies of Sciences. “Review of the Environmental Protection Agency’s Draft IRIS Assessment of Tetrachloroethylene.” The National Academies Press. Washington, DC. 2010 http://www.nap.edu/catalog.php?record_id=12863 2 City and County of San Francisco, Department of The Environment. “Comparison of Health and Environmental Hazards for Alternative Dry Cleaning Technologies.” http://www.sfenvironment.org/downloads/library/1__alternatives_assessment_table_envhealth_only.pdf BID 7400 Green Uniform Cleaning Services Page 11 of 21 On a separate sheet, submit the names, phone numbers, and contacts for three or more business or governmental entities for which your company provides uniform Wet or Dry Cleaning Services. Vendor Name: ___________________________________ Address: ___________________________________ ___________________________________ Telephone # _____________________ FAX #_________________________ e-mail address: ____________________________________________________ Respondent Name:____________________________ (Please Print) By:_________________________________________ (Signature) PLEASE GO TO www.fcgov.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: 954-20 DRY CLEANING SERVICES 954-05 LAUNDRY AND LINEN SERVICE BID 7400 Green Uniform Cleaning Services Page 12 of 21 Comparison of Health and Environmental Hazards for Alternative Cleaning Technologies Rating Technology Primary Human Health and Environmental Hazards Best Choice Professional Wet Cleaning ▪ None Identified Good Choice CO2 cleaning3 None Identified Hydrocarbon solvents: ▪ DF‐2000TM ▪ EcoSolv® ▪ Shell Sol ▪ PureDry® ▪ Neurotoxicity, eye, skin & respiratory irritation ▪ Potential concerns for persistence and aquatic toxicity ▪ Complex mixtures which may contain other ingredients of concern ▪ Emits smog forming volatile organic compounds (VOCs) GreenEarth® (D5) solvent ▪ Suspected carcinogen, reproductive toxin ▪ Liver, immune and nervous system effects ▪ Persistent in environment CO2 cleaning3 with Micell Technologies ▪ Possible use of perfluorooctanoic acid (PFOA) in Micell technology raises concerns for endocrine disruption, reproductive and developmental effects and persistence/bioaccumulation Mid‐Range Choices RynexTM solvent ▪ Chemical identity withheld ▪ Primary ingredient likely to be dipropylene glycol t‐butyl ether (DPGTBE) ▪ DPGTBE structurally related to a listed carcinogen and predicted to be persistent ▪ Emits smog forming VOCs ▪ Complete assessment not possible without information on identity and hazards of chemical ingredients Hydrocarbon solvent: Stoddard solvent blend ▪ Contains aromatic hydrocarbons (e.g. benzene, a carcinogen) ▪ Neurotoxic, eye, skin and respiratory irritation ▪ Potential concerns for bioaccumulation and aquatic toxicity ▪ Emits smog forming VOCs Perchloroethylene ▪ Carcinogen (Proposition 65 list) ▪ Liver and kidney effects ▪ Neurotoxic, eye, skin and respiratory irritation ▪ Persistent in the environment ▪ Mandatory phase out in progress (Bay Area Air Quality Management District) Worst Choices 1‐ Propyl bromide ▪ Male and female reproductive toxicant and developmental toxicant (California's Prop 65 list) ▪ Neurotoxic, eye, skin and respiratory irritation ▪ Flammable liquid, NFPA rating 3 Source: City and County of San Francisco, Department of The Environment BID 7400 Green Uniform Cleaning Services Page 13 of 21 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 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 BID 7400 Green Uniform Cleaning Services Page 14 of 21 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 Contract, subject to additions and deletions provided herein, per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. BID 7400 Green Uniform Cleaning Services Page 15 of 21 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. 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 BID 7400 Green Uniform Cleaning Services Page 16 of 21 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, 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 BID 7400 Green Uniform Cleaning Services Page 17 of 21 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: 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 BID 7400 Green Uniform Cleaning Services Page 18 of 21 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 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 BID 7400 Green Uniform Cleaning Services Page 19 of 21 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. BID 7400 Green Uniform Cleaning Services Page 20 of 21 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 BID 7400 Green Uniform Cleaning Services Page 21 of 21 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. 300 $________ $________ 12 Vests, plain clothes officer. Clean as specified by officer, mend as needed, return wrinkle-free on hangers. 50 $________ $________ 13 Sweaters, uniformed officers. Dry clean as specified by officer, return wrinkle- free on hangers with no mats in pile. 50 $________ $________ 14 Sweaters, plain clothes officers. Dry clean as specified by officer, return wrinkle- free on hangers. 200 $________ $________ 15 Traffic Vests. Clean as specified by officer, return wrinkle-free. Mend as needed. 100 $________ $________ 16 Knit ski caps. Dry clean as specified by officer, mend as needed. 100 $________ $________ by officer, return wrinkle-free on hangers. 4000 $________ $________ 3 Trousers, uniformed officers. Clean as specified by officer, return wrinkle-free. 3500 $________ $________ (As Need) NA NA 8 Neckties, uniformed and plain clothes officer. Dry clean as specified by officer. 50 NA NA 9 Skirts, plain clothes officer. Clean as specified by officer, mend as needed, return wrinkle-free on hangers. 1 (As Need) $________ $________ 10 Dresses, plain clothes officer. Clean as specified by officer, mend as needed, return wrinkle-free on hangers. 1 (As Need) $________ $________ 11 Blouses, plain clothes officer. Clean as specified by officer, mend as needed, return wrinkle-free on hangers. 300 $________ $________