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HomeMy WebLinkAboutBID - 8601 BUNKER GEAR FOR PFA (3)BID 8601 Bunker Gear for Poudre Fire Authority Page 1 of 16 INVITATION TO BID 8601 BUNKER GEAR FOR POUDRE FIRE AUTHORITY BID OPENING: 3:00 P.M. (our clock), NOVEMBER 9, 2017 The City of Fort Collins, on behalf of the Poudre Fire Authority, is requesting bids from firms for bunker gear. 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), November 9, 2017. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations to bid. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Project Manager, Gary Nuckols, at (970) 416-2862 or gnuckols@fcgov.com. Questions regarding bid submittal or process should be directed to Beth Diven, Buyer at (970) 221-6775 or bdiven@fcgov.com. All questions must be submitted in writing via email to Gary Nuckols , with a copy to Beth Diven, no later than 5:00 PM our clock on October 31, 2017. Questions received after this deadline will not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Commodity Codes used for this RFP: 340-34 Fire Protection Clothing (Turnout Coats, Bunker Pants, Hoods, Gloves, etc) A copy of the Bid may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. 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 Bids may be withdrawn up to the date and hour set for closing.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. 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 8601 Bunker Gear for Poudre Fire Authority Page 2 of 16 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. 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. 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 are posted online at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Gerry Paul Purchasing Director BID 8601 Bunker Gear for Poudre Fire Authority Page 3 of 16 BID PROPOSAL 8601 BUNKER GEAR FOR POUDRE FIRE AUTHORITY BID OPENING: November 9, 2017, 3:00p.m. (OUR CLOCK) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS’ REQUIREMENTS FOR POUDRE FIRE AUTHORITY BUNKER GEAR EQUIPMENT PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins is requesting bids for Poudre Fire Authority (PFA) equipment using the following BIDDING GUIDELINES: 1) Bidder is to fill in the Unit Price for each item, and multiply it out by the Quantity Requested, to fill in the Extended Cost. The City and Poudre Fire Authority reserves the right to award items by Total Bid, or by Line Item. 2) All items bid must include freight F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. 3) Lead Time (after Receipt of Order) must be included for each item bid. 4) Please include the % Discount off Manufacturer’s Retail List Price for each item you are bidding. 5) Poudre Fire Authority has listed a Preferred Brand for the items on the Bid Sheet. If a bid is submitted for the Preferred Brand, no samples are required. On any or all items, the bidder may elect to offer an “or equivalent” brand as an option. In these cases, bidder is to submit a sample of the item along with their bid along with the manufacturer’s name and part number and a complete specification and/or a website address where the complete specification may be viewed. The City and the Poudre Fire Authority will be the final judge as to whether the items submitted meet the stated specifications. *See minimum Specifications for the Preferred Brand and any Equivalent Brands, below. 6) Poudre Fire Authority requires that the Awarded Bidder must provide a minimum of four (4) on-site “Measuring Days” to be performed one (1) per calendar quarter or as otherwise directed by the Poudre Fire Authority. These on-site visits are required for measuring firefighters for correct pant and coat sizes prior to order placement. The Awarded Bidder will make a full sizing set available for these on-site visits. Include your plan for doing this as part of your Bid Submission. 7) Poudre Fire Authority may have a need to purchase additional sets of Bunker Gear at a later date(s). As such, Poudre Fire Authority wishes to enter into a Services Agreement for a term of one (1) year, which can be renewed for up to an additional four (4) one (1) year terms. Additional purchases made under this Service Agreement will be by Purchase Order following receipt of a written quote for requested items from the Awarded Bidder. Pricing for such quotes shall be in accordance with this Bid Submission and the resulting Service Agreement. BID 8601 Bunker Gear for Poudre Fire Authority Page 4 of 16 8) Additionally, Bidder agrees that: A) Bidder must hold their Bid Price for at least the first year of the Agreement. The Awarded Bidder must submit proposed price changes in writing at least 45 days prior to the anniversary date of the Service Agreement. Price changes will only be considered at the time of the annual contract renewal. B) Bidder shall provide along with their Bid pricing a copy of the Manufacturer’s most current published Retail Price List. BID 8601 Bunker Gear for Poudre Fire Authority Page 5 of 16 BID SCHEDULE 8601 BUNKER GEAR FOR POUDRE FIRE AUTHORITY QTY DESCRIPTION MFR # UNIT PRICE EXTENDED PRICE LEAD TIME % DISCOUNT OFF LIST PRICE 86 Honeywell Bunker Coat 42-I2 86 Honeywell Bunker Pants 42-I2 TOTAL BID Poudre Fire Authority reserves the right to award this Bid by Total Bid, or by Line Item. The City and Poudre Fire Authority will be the final judge as to whether or not proposed “equivalent” brands meet the stated specification. The quantities stated above are estimates only for year one of the Service Agreement. If deemed necessary, Bidders may provide tiered pricing based on volume discounts as an additional attachment to the Bid Schedule. Vendor hereby acknowledges receipt of the City of Fort Collins Invitation to Bid and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the Bid. Additionally, Vendor hereby makes the following representations to City: a. All of the statements and representations made in this bid proposal are true to the best of the Vendor’s knowledge and belief. b. Vendor commits that it is able to meet the terms provided in this bid proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next lowest responsive and responsible bidder. f. Vendor acknowledge receipt of addenda. Firm Name: Physical Address: Remit to Address: Authorized Agent of Firm Name: Signature of Authorized Agent: Primary Contact for Project: Email Address: Phone: BID 8601 Bunker Gear for Poudre Fire Authority Page 6 of 16 8601 BUNKER GEAR FOR POUDRE FIRE AUTHORITY SPECIFICATIONS *Honeywell is PFA’s Preferred Brand for Bunker Gear, and has been verified by PFA to meet the following product specification. Any “equivalent” brands submitted must meet the following product specification as a minimum: To be eligible to be awarded bid, participants will supply Poudre Fire Authority (PFA) with one coat and one pant of PPE ensemble in the specification requested by PFA. This PPE will be used by PFA for the purpose of evaluation, firefighting, and wear testing. Equipment will be returned after use at owner’s request. This PPE will be manufactured in the United States. All firefighting PPE sold in the United States must meet standards set by the National Fire Protection Association. The NFPA standard is very comprehensive; however, it is not the only way to measure a protective ensemble’s ability to provide protection. The ensemble supplied to PFA will meet current NFPA 1971 standards as of 2013. This PPE shall also comply with NFPA 1851 Standards as of 2014. This PPE shall be assembled according to the specifications outlined here in order to be considered in this bid for purchase. PFA reserves the right to determine compliance and will be the final deciding factor in accepting the bid. The PFA has determined the only acceptable choice of materials. Any substitution of materials shall be grounds for immediate disqualification of bid without further consideration. The PFA has determined that this specification shall represent the minimum requirements to which all offerings shall be compared. Due to the fact that firefighting is a life threatening activity, only trained Fire Department personnel with specific knowledge in the area of Personal Protective Equipment (PPE) shall be allowed to make the final decision on the selection of the appropriate product to serve the Fire Department’s needs.  Thermal Protection Performance (TPP) of not less than 35 for the entire garment. This references protection from outside thermal heat transferring into the firefighter.  Total Heat Loss (THL) of not less than 270. This is the ability of the garment to breathe and let heat and sweat out from the inside.  Conductive Compression Heat Resistance (CCHR) of not less than 32 wet and 40 dry. This is the ability to resist heat transfer when compressed to the body by the SCBA straps and bending of joints.  CCHR in the Knee area not less than 100 wet and 100 dry. This high a number is needed because firefighters crawl into burning buildings, receiving tremendous amounts of thermal stress to the knee area.  Additional thermal protection, such as dead air spacing, will be placed in the shoulders, across the upper back of the coat and full length of the arms minus bend point of elbow. Documentation of TPP, THL and CCHR in the areas with Additional thermal protection will be supplied.  All participants in this bid will supply UL laboratory testing documentation stating that PPE meets or exceeds TPP, THL and CCHR requirements stated.  Labels on Coat and Pant will have Bar Code to allow for automated tracking system input.  Delivery time on all orders shall be six weeks or less from time of the measuring. BID 8601 Bunker Gear for Poudre Fire Authority Page 7 of 16  Supplier must have access to and provide documentation of a NFPA 1851 compliant cleaning and repair facility.  OUTER SHELL on both Pant and Coat: PBI Performance Products- PBI Max – Black – 7 osy Coat  Coat: Outer Shell: PBI Performance Products- PBI Max- Black- 7 osy  Coat: Thermal Liner: Quantum 3D SL2i – 7.7 osy  Coat: Moisture Barrier: Type 2 F Crosstech Black- 4.7 osy  Coat: Wet or dry will not exceed 4 inches of rise when arms are fully raised.  Coat will have coat tail design with inspection port meeting NFPA 1851 standards.  Outer shell, Thermal liner and moisture barrier will all be fully detachable.  The sleeves shall have waterproof Gauntlet style wristlets.  A pocket on the inside of the coat attached to the liner 6”X 6” or comparable.  Two take up straps “postman”.  DRD Rescue strap that is fully articulating, with suit case handle and orange reflective on deployment strap that is stitched closed or has no opening, secured by a flap with Velcro, not allowing for accidental deployment.  Three inch two-tone Scotchlite reflective trim Lime in color in FDNY style double stitched.  Two inch Velcro/Zipper Coat closure.  Half High Bellows pockets on each side 6”X 9”X 1.5”.  Mic tab left chest 0.5”X 2.5” 4” above radio pocket.  Radio pocket 7”X 3”X 2” left chest notched flap on both left and right sides.  ¾” Opening (Bound Hole) in coat left chest inside radio pocket 1” down from top.  Flashlight holder with retention strap right chest to be Box “X” stitched.  American flag on right sleeve with Stars toward front. Pants  Pant: Outer shell: PBI Performance Products – PBI Max- Black - 7 osy  Pants: Thermal Liner: Quantum 3D SL2i – 7.7 osy  Pants: Moisture barrier: Type 2F Crosstech Black – 4.7 osy  Moisture Barrier Inspection port  Outer shell, Thermal Liner, and moisture barrier all fully detachable.  Three inch cuff trim in 2 tone lime Scotchlite.  Cuff trim Double stitched.  Two inch Velcro/Zipper Fly with no Hook and D but must have a snap.  Angled Cuffs on pant legs (Boot Cut). BID 8601 Bunker Gear for Poudre Fire Authority Page 8 of 16  Knee pads reinforced with a CCHR not less than 100 wet and 100 dry.  Bellows Pockets 9”X 9”X 2” 1 on each side of pant.  7 belt loops – Velcro Release  Suspender buttons.  Pants shall be designed and cut so as to not limit movement in the crotch. PPE Vendor will be onsite for sizing of personnel and will make a full sizing set available. BID 8601 Bunker Gear for Poudre Fire Authority Page 9 of 16 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", as agent, on behalf of the Poudre Fire Authority (PFA), 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. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 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 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 and/or PFA, 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) 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 and PFA of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City and/or PFA 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 BID 8601 Bunker Gear for Poudre Fire Authority Page 10 of 16 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: Service Provider: City: Copy to: Attn: Poudre Fire Authority Attn: 102 Remington Street Fort Collins, CO 80524 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the and/or PFA, 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. 7. Contract Sum. The City and/or PFA shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 8. City Representative. The and/or PFA 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 and/or PFA 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 or the Poudre Fire Authority. The City and/or PFA 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. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the City and/or PFA, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City and/or PFA), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City and/or PFA, nor will it obligate the City and/or PFA to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City and/or PFA to the same extent as the work of the Service Provider. 11. Personal Services. It is understood that the City and PFA enter into the Agreement based BID 8601 Bunker Gear for Poudre Fire Authority Page 11 of 16 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 and/or PFA. 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 and/or PFA 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 and/or PFA. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City and/or PFA -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 and/or PFA 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 and/or PFA. 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, BID 8601 Bunker Gear for Poudre Fire Authority Page 12 of 16 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 and/or PFA, their 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 and PFA 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 Purchasing Director, 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 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. BID 8601 Bunker Gear for Poudre Fire Authority Page 13 of 16 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 this provision of this Agreement and the City terminates the Agreement for such breach. 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. BID 8601 Bunker Gear for Poudre Fire Authority Page 14 of 16 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: POUDRE FIRE AUTHORITY By: _________________________________ Tom DeMint, Fire Chief Date: ______________________________ ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: BID 8601 Bunker Gear for Poudre Fire Authority Page 15 of 16 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 $1,000,000 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. BID 8601 Bunker Gear for Poudre Fire Authority Page 16 of 16 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”), as agent, on behalf of the Poudre Fire Authority (the “PFA”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City and/or PFA or their employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City and/or PFA may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City and/or PFA, or that relates to the business of the City and/or PFA, or that is used by the City and/or PFA in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City and/or PFA). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City and/or PFA. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City and/or PFA. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City and/or PFA in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City and/or PFA, or the City and/or PFA so requests for any reason, the Service Provider shall promptly return to the City and/or PFA any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City and/or PFA’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City and/or PFA shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.