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HomeMy WebLinkAboutRFP - 8786 BUNKER GEAR INSPECTION, CLEANING & REPAIR SERVICES (2)RFP 8786 Bunker Gear Repair Page 1 of 22 REQUEST FOR PROPOSAL 8786 Bunker Gear Repair The City of Fort Collins, on behalf of the Poudre Fire Authority, is requesting proposals from qualified Vendors to inspect, clean and repair bunker gear. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal instead, one (1) hard copy and one (1) electronic copy on a jump drive, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on August 24, 2018 and referenced as Proposal No. 8786. 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. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. 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. All questions should be submitted, preferably in writing via email, to Beth Diven, Buyer at (970) 221-6216 or bdiven@fcgov.com, with a copy to Project Manager, Murray Anduss at manduss@poudre-fire.org, no later than 5:00 PM MST (our clock) on August 15, 2018. Please format your e-mail to include: RFP 8786 Bunker Gear Repair in the subject line. Questions received after this deadline may 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. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 340-34 Fire Protection Clothing, (Turnout Coats, Bunker Pants, Hoods, Gloves, etc.) 954-00 Laundry and Dry Cleaning Services 962-78 Sewing, Embroidery, Embossing and Alteration Services Public Viewing Copy: 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. All provisions of any contract resulting from this request for proposal will be public information. Firms are allowed to submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the firm will redact all text and/or data that it wishes to be considered confidential and 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 RFP 8786 Bunker Gear Repair Page 2 of 22 denote the information as “proprietary” or “confidential”. 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. New Vendors: The City requires new Vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your proposal. 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. 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. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Vendor shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 8786 Bunker Gear Repair Page 3 of 22 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins, on behalf of the Poudre Fire Authority (PFA), is requesting proposals from qualified Vendors to inspect, clean and repair bunker gear in accordance with the National Fire Protection Agency (NFPA) 1851 Standard on Selection, Care and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, Current Edition (NFPA 1851). The PFA conducts an equipment audit each spring to identify bunker gear needing repair. The awarded Vendor will be responsible for repairing the identified items. While the majority of the Work will occur in the spring, the PFA will also have as-needed, small batch repairs throughout the year. II. SCOPE OF PROPOSAL A. Scope of Work Vendor will provide services to maintain firefight bunker gear in compliance with NFPA 1851. If the requirements change, the Vendor’s process will be brought into compliance with the new requirements within one year or as specified by the NFPA, whichever is shorter. Services will include, but are not limited to, the inspection, evaluation, testing, cleaning and decontamination, repair, record and pick-up or delivery of bunker gear. 1. Maintenance of Firefighter Bunker Gear a. Inspection & Evaluation Both the outer shell and liner system for all gear shall be inspected, at no cost, for structural integrity problems and areas requiring special attention. Thermal liners shall be inspected for loss of quilting threads. Excessively large areas where quilt stitching is broken or missing can indicate the need to replace the liner. Stress areas are generally considered to be the corners of pockets and flaps, the base of the fly, the top and bottom of the storm flap, and any place where the stitching begins or ends. If repair is needed to comply with NFPA standards, the Vendor must contact the Project Manager with an estimate before any repairs may begin. Any garment, which is deemed to have excessive repair costs, or being un-repairable and/or structurally unfit for firefighting, shall not be cleaned and shall be returned tagged as being non NFPA Compliant, at no cost, with a recommendation to replace the garment. b. Testing Vendor should have the ability to provide Fluid Extract Testing, NFPA 5903 Vertical Flame Test, T.P.P. Test, Trap Tear and Shear Strength Test via an independent laboratory, approved by the Department of Environmental Resources. Vendor’s independent laboratory must utilize licensed chemical consultants and industrial hygienists that comply with current NFPA and Industry standards, such as the manufacturers of all bunker gear. RFP 8786 Bunker Gear Repair Page 4 of 22 Vendor should have the capability of performing appropriate test to determinate the compliant of moisture barrier and thermal liner. c. Cleaning & Decontamination Cleaning services will include, but are not limited to, the thorough cleaning of protective ensembles or elements such as coats, trousers, coveralls, and hoods (all types of outer shell, moisture barrier and thermal liner combinations) by washing with cleaning agents or specialized cleaning to remove hazardous materials or body fluids in full compliance with NFPA 1851, Current Edition and manufacturer’s guidelines. Vendor should have liability insurance for cleaning protective clothing and for the repair or replacement of ensembles and ensemble elements damaged in laundry, or from wash water contamination. Vendor will replace all ensembles and ensemble elements damaged in laundry, or from wash water contamination. Vendor will take all reasonable precautions to protect its personnel from contaminant exposures while handling ensembles and ensemble elements. Vendor will provide verification that all chemicals used in the cleaning process are approved by the original manufacturer of the bunker gear. Vendor will take all appropriate steps to prevent cross contamination between any and all products laundered in the facility. Vendor will test ensembles or ensemble elements after decontamination to ensure that decontaminated ensembles or ensemble elements are truly decontaminated and safe to wear. Ensembles and ensemble elements shall be cleaned and decontaminated only with like elements, including but not limited to outer shells with outer shells, liners with liners, hoods with hoods, etc. Garment liner systems shall be removed if possible and cleaned separately to avoid contamination with the debris found in the shell. Since the moisture barrier will limit the flow of water through the outer shell fabric, removing the liner will result in better cleaning. Separating the liner from the outer shell will also reduce drying time. To prevent the spread of disease or infections through cross contamination, soiled elements should not be cleaned with other items of clothing or laundry. The cleaning process should remove all contaminants from the normal course of firefighting activities including gear heavily contaminated with tar, oil, fuels, grease, resins, gasoline, acid, asbestos, paint biological contaminants and others hazardous materials which requires special handling. The process used for cleaning must not void fiber manufacturer’s warranty. The cleaning process must be approved and recommended by all major fiber, liner and turnout-gear manufactures. Vendor should have the capability to restore Water-repellent Properties of Ensembles and Ensemble Elements. Each garment, both outer shell and liner system, must be cleaned, decontaminated, deodorized and must have water repellant/soil release reapplied. The cleaning process must not harm the fire retardancy of the gear or damage the fabrics in any way. RFP 8786 Bunker Gear Repair Page 5 of 22 Vendor should not use any chlorine, caustic detergents, solvent or any other chlorinated solvent that shall damage or degrade the fire protective fibers, liners, reflective trim or leather enforcements. Vendor must not use temperatures exceeding 105 degrees Farenheit in the cleaning process. All garments are to be hung dry away from exposure to sunlight or ultraviolet light. Contaminants, when removed from the gear, along with effluents shall be properly disposed of in accordance with all local, state and Federal codes and regulations, latest editions. d. Repairs All repairs will be NFPA-compliant and third-party certified. Vendor must be Third Party Certified to repair and perform resealing operations. All garments repaired must be returned tagged, “NFPA compliant.” All repairs performed on gear will be listed in detail. All thread used will be 100% Nomex and meet “Major A-Seam” requirements. Vendor must be capable of providing a full range of repair service including but not limited to the following: • Replacement of reflective trim • Replacement of leather reinforcements • Repair of rips, tears, and burn holes • Repair and/or replacement of hardware • Replacement or repair of zipper or velcro closures • Additions of all types of pockets • Repair of both moisture barrier and thermal liner materials • Custom alterations (i.e. lengthen and shorten coats, sleeves, pant legs and waist adjustments) All moisture barrier repairs, must be performed by the manufacturer or a verified ISP. Moisture barrier materials are found in collars, collar closure systems, and other assemblies, including, but not limited to, storm flaps and sleeve wells. Broken zippers should be repaired, provided that doing so will not cause a breach to any moisture barrier material and will not affect the garment integrity. Damaged or broken hooks and loops should be replaced provided that doing so will not cause a breach to any moisture barrier material and will not affect the garment integrity. e. Storage Ensembles and ensemble elements must be stored away from ultraviolet (UV) light, such as fluorescent light, especially from sunlight. Ensembles and ensemble elements must be completely dry before storing. Ensembles and ensemble elements must be stored in accordance with NFPA1971, Standard on Protective RFP 8786 Bunker Gear Repair Page 6 of 22 Ensembles for Structural Fire Fighting and Proximity Fire Fighting. Ensembles and ensemble elements should not be stored in areas where they will come in contact with hydraulic fluids, solvents, hydrocarbons, hydrocarbon vapors, or other contaminants. 2. Pick up & Delivery of Garments PFA will ship the bunker gear to the Vendor, and Vendor will ship the repaired garments back to the PFA Warehouse at 3400 W Vine Drive, Fort Collins, CO 80521. B. Minimum Qualifications Vendor must be a verified Independent Service Provider, (ISP), Third Party Verified. Verification must be provided by an accredited organization to perform the services described herein. Services will be performed by Vendor employees properly trained by manufacturers and certified to provide the services described herein. All work will be performed in full compliance with NFPA 1851. C. Anticipated Schedule The following represents the City’s the target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: August 3, 2018 • Question deadline: 5:00 PM MST on August 15, 2018 • Proposal due date: 3:00 MST (our clock) on August 24, 2018 • Interviews (tentative): Week of September 10, 2018 • Award of Contract (tentative): end of September 2018 D. Interviews In addition to submitting a written proposal, the top rated vendors may be interviewed by the City of Fort Collins and asked to do an oral presentation about their company and approach to the project. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. E. Proposal Format Please limit the total length of your proposal to a maximum of twenty-five (25) double sided or fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Vendor Statement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page. Please, no embedded documents. Proposals that do not conform to these requirements may be rejected. F. Current standards Vendor must be familiar with the requirements of NFPA 1971, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, and NFPA 1581, Standard on Fire Department Infection Control Program, as well as federal, state and local regulations. Vendor will comply will all applicable federal, state and local wastewater discharge regulations and standards. RFP 8786 Bunker Gear Repair Page 7 of 22 G. Fees, Licenses, Permits The successful Vendor shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. Vendor will deliver copies of all required licenses and certificates to the Buyer, prior to commencing services. H. Laws and Regulations The Vendor agrees to comply fully with all applicable State of Colorado and Federal laws and regulations and municipal ordinances. The Vendor further agrees to comply fully with the Occupational Safety and Health Act, all regulations issued there under and all state laws and regulations enacted and adopted pursuant thereto. I. Invoicing and Payment Invoices for services should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Vendor each month following the submittal of a correct invoice by the Vendor indicating the project name, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices listed on the agreed-to Price Schedule. In the event a service is requested which is not listed on the Price Schedule, the Vendor and the City will negotiate an appropriate unit price for the service prior to Consultant initiating such work. The City pays invoices on Net 30 terms. III. PROPOSAL SUBMITTAL For this section, Vendors are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Vendors propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Vendors include each of the City’s questions with their response immediately following the question. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. RFP 8786 Bunker Gear Repair Page 8 of 22 B. Vendor Information 1. Describe the Vendor’s business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete Section V, Vendor Statement. C. Scope of Proposal 1. Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City and PFA to consider. 2. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. Include a description regarding how the analysis will be performed for the various identified areas identified, the methods and assumptions used, and the limitations of the analysis. 3. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. D. Firm Capability Provide relevant information regarding previous experience related to this or similar Projects, to include the following: 1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel with titles and their specific task assignment for this Agreement shall be provided in this section. 2. A list of qualifications for your firm and qualifications. Copies of all required licenses, permits, and certifications should be included. 3. Three references (current contact name, current telephone number and email address) from at least three similar projects with similar requirements that have been completed within the past five (5) years and that have involved the staff proposed to work on this project. Provide a description of the work performed. The Consultant authorizes City to verify any and all information contained in the Consultant’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. E. Assigned Personnel 1. List of Project Personnel: This list should include the identification of the contact person with primary responsibility for this Agreement, the personnel proposed for this RFP 8786 Bunker Gear Repair Page 9 of 22 Agreement, and any supervisory personnel, and their individual areas of responsibility. 2. Certificates or verification of training from manufacturer(s) for all employees who may perform work under this Agreement. F. Availability 1. Can the work be completed in the necessary timeframe, with target start and completion dates met? 2. Provide an outline of the schedule for completing tasks. 3. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. G. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe how your organization strives to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the workplace. See Section IV: Review and Assessment for additional information. If possible, please highlight areas of opportunity in the project where sustainability could be applied and/or improved. H. Cost and Work Hours In your response to this proposal, please provide the following: 1. Per item cost for the inspection of Bunker Pants and Bunker Coats. 2. Per item cost for the cleaning of Bunker Pants and Bunker Coats. 3. A time and materials fee schedule for all repair services. I. Additional Information Provide any information that distinguishes Vendor from its competition and any additional information applicable to this RFP that might be valuable in assessing vendor’s proposal. Explain any concerns Vendor may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. Exceptions to the Scope of Services and City Agreement (a sample of which is attached in Section VI) shall be documented. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Vendors will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Vendors may be conducted. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. RFP 8786 Bunker Gear Repair Page 10 of 22 WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.0 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on- time and in-budget? Has the firm successfully completed previous projects of this type and scope? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Availability Can the work be completed in the necessary time? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 2.0 Cost & Work Hours Does the proposal included detailed cost break- down for each cost element as applicable and are the line-item costs competitive? Are the work hours presented reasonable for the effort required by each project task? Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” RFP 8786 Bunker Gear Repair Page 11 of 22 B. Reference Evaluation Criteria Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Vendor again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Vendor responsive to client needs; did the Vendor anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge Did Vendor adhere to the requirements of the Scope of Work? Were problems corrected quickly and effectively? RFP 8786 Bunker Gear Repair Page 12 of 22 V. VENDOR STATEMENT Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal 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 RFP. Additionally, Vendor hereby makes the following representations to City: a. All of the statements and representations made in this 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 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 highest rated firm. f. Vendor acknowledge receipt of addenda. Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 10/2017 RFP 8786 Bunker Gear Repair Page 13 of 22 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) 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(s) 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(s), 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. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , 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 Official Purchasing Document Last updated 10/2017 RFP 8786 Bunker Gear Repair Page 14 of 22 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 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(s), 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 Official Purchasing Document Last updated 10/2017 RFP 8786 Bunker Gear Repair Page 15 of 22 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, Official Purchasing Document Last updated 10/2017 RFP 8786 Bunker Gear Repair Page 16 of 22 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. Official Purchasing Document Last updated 10/2017 RFP 8786 Bunker Gear Repair Page 17 of 22 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. Official Purchasing Document Last updated 10/2017 RFP 8786 Bunker Gear Repair Page 18 of 22 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: Official Purchasing Document Last updated 10/2017 RFP 8786 Bunker Gear Repair Page 19 of 22 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 8786 Bunker Gear Repair Page 20 of 22 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 8786 Bunker Gear Repair Page 21 of 22 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. Official Purchasing Document Last updated 10/2017 RFP 8786 Bunker Gear Repair Page 22 of 22 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.