HomeMy WebLinkAboutOrdinance 5484 ORDINANCE NO. 5484
AN ORDINANCE AMENDING ORDINANCE NO. 5294 WAIVING THE
REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A
CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND
WAYEST SAFETY, INC. FOR UNIT PRICES INDICATED TO PROVIDE
REPLACEMENT BUNKER GEAR (COAT AND PANTS) TO THE
FAYETTEVILLE FIRE DEPARTMENT THROUGH NOVEMBER 14, 2014
WHEREAS,the Fayetteville Fire Department is in need of replacement bunker gear(coat
and pants) for its firefighters, and;
WHEREAS,Wayest Safety,Inc.has previously provided bunker gear to the Fayetteville Fire
Department, and;
WHEREAS, Morning Pride bunker gear previously supplied by Wayest Safety, Inc. has
excellent quality, replaceable components, and has provided excellent thermal protection to
Fayetteville firefighters by reducing the instances and severity of burns sustained by firefighters,and;
WHEREAS,unit prices for bunker gear are guaranteed through November 14, 2014, and;
WHEREAS, competitive bidding for bunker gear meeting the standards of existing city
equipment in this exceptional situation is not feasible or practical.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE,ARKANSAS:
Section 1. That the City Council of the City of Fayetteville,Arkansas hereby finds that such
circumstances constitute an exceptional situation where competitive bidding is not feasible or
practical, and therefore waives the requirements of formal competitive bidding and approves a
contract between the City of Fayetteville,Arkansas and Wayest Safety,Inc.for unit prices indicated
to provide replacement bunker gear (coat and pants) to the Fayetteville Fire Department through
November 14, 2014.
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Ordinance No. 5484
PASSED and APPROVED this 21"day of February, 2012.
APPROVED: ATTEST:
By:
4OKELD J ,Mayor LISA BRANSON, Deputy City Clerk
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
February 21, 2012
City Council Meeting Date
Agenda Items Only
David Dayringer Fire Fire
Submitted By Division Department
Action Required:
An amendment to Ordinance 5294 to approve the purchase of replacement bunker gear from Wayest Safety, Inc. for
the Fayetteville Fire Department, on an as needed basis throughout the life of the current contract which expires on
November 14, 2014.
$ 359,643.00 Services and Charges
Cost of this request Category/Project Budget Program Category/Project Name
1010.3020.5302.00 $ 18,818.00 Fire Operations
Account Number Funds Used to Date Program/Project Category Name
$ 340,825.00 General
Project Number Remaining Balance Fund Name
Budgeted Item �X Budget Adjustment Attached
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Previous Ordinance or Resolution# 5294
Department Director Date
Original Contract Date:
Original Contract Number:
limey Date
2612.
Finance and Internal Services Director Date Received in City 0 1-27—12 A 0 9 2 0 R C V D
Clerk's Office
a-
Chief of St Date
Received in
Mayor's Office
M or D
Comments:
Revised January 15,2009
Fayerylj� e THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
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CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
From: David Dayringer, Fire Chi
Date: February 21, 2012
Subject: An amendment to Ordinance 5294 to approve the purchase of replacement bunker gear from Wayest
Safety, Inc. for the Fayetteville Fire Department, on an as needed basis throughout the life of the current
contract which expires on November 14, 2014.
PROPOSAL:
Bunker gear consists of the protective clothing worn by firefighters to shield them from heat and abrasive debris
during fire suppression and emergency response activities. As this protective gear ages and becomes worn,
replacment bunker gear is necessary for the safety of the firefighters.
In 2009 the Fayetteville Fire Department worked with the Springdale and Bentonville Fire Departments to
develop a cooperative bunker gear bid. Responses were received from four manufacturers,three of which could
not meet the specifications required by the aforementioned fire departments. As a result, the department
requested approval to waive the requirements of formal competitive bidding and utilized Wayest Safety, Inc. for
2009 bunker gear replacments.
The Fire Department has utilized Wayest Safety, Inc. for bunker gear for the past several years. This company
provides an excellent quality product that has served the department well for quite some time. The gear is
durable and custom fitted to the individual firefighter. The bunker gear distributed by Wayest Safety, Inc. has
afforded Fayetteville firefighters excellent thermal protection, thus reducing the number and severity of burns
sustained by fire personnel. The products offered by Wayest Safety, Inc. meet specifications and allow bunker
gear replacements to remain consistent with the existing bunker gear utilized thoughout the department.
RECOMMENDATION:
Staff recommends amending Ordinance 5294 to approve the purchase of replacement bunker gear from Wayest
Safety, Inc. for the Fayetteville Fire Department, on an as needed basis throughout the life of the current
contract which expires on November 14, 2014.
BUDGET IMPACT:
Funds for the purchase of firefighter bunker gear replacements have been budgeted in the department's Annual
Budget& Work Program.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 5294 WAIVING THE
REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A
CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND
WAYEST SAFETY, INC. FOR UNIT PRICES INDICATED TO PROVIDE
REPLACEMENT BUNKER GEAR (COAT AND PANTS) TO THE
FAYETTEVILLE FIRE DEPARTMENT THROUGH NOVEMBER 14, 2014
WHEREAS,the Fayetteville Fire Department is in need of replacement bunker gear(coat
and pants) for its firefighters, and;
WHEREAS,Wayest Safety,Inc.has previously provided bunker gear to the Fayetteville Fire
Department, and;
WHEREAS, Morning Pride bunker gear previously supplied by Wayest Safety, Inc. has
excellent quality, replaceable components, and has provided excellent thermal protection to
Fayetteville firefighters by reducing the instances and severity of burns sustained by firefighters,and;
WHEREAS,unit prices for bunker gear are guaranteed through November 14,2014,and;
WHEREAS, competitive bidding for bunker gear meeting the standards of existing city
equipment in this exceptional situation is not feasible or practical.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE,ARKANSAS:
Section 1. That the City Council of the City of Fayetteville,Arkansas hereby finds that such
circumstances constitute an exceptional situation where competitive bidding is not feasible or
practical, and therefore waives the requirements of formal competitive bidding and approves a
contract between the City of Fayetteville,Arkansas and Wayest Safety,Inc.for unit prices indicated
to provide replacement bunker gear (coat and pants) to the Fayetteville Fire Department through
November 14, 2014.
PASSED and APPROVED this 215 day of February, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E.SMITH,City Clerk/Treasurer
ORDINANCE NO. 5294
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE
BIDDING AND APPROVING A CONTRACT BETWEEN THE CITY OF
FAYETTEVILLE,ARKANSAS AND WAYEST IN THE AMOUNT OF$47,500.00 TO
PROVIDE REPLACEMENT BUNKER GEAR (COAT AND PANTS) TO THE
FAYETTEVILLE FIRE DEPARTMENT
WHEREAS,the Fayetteville Fire Department is in need of replacement bunker gear(coat and pants)
for its firefighters,and;
WHEREAS,Wayest has previously provided bunker gear to the Fayetteville Fire Department,and;
WHEREAS, Morning Pride bunker gear previously supplied by Wayest has excellent quality,
replaceable components,and has provided excellent thermal protection to Fayetteville firefighters by reducing
the instances and severity of bums sustained by firefighters,and;
WHEREAS,competitive bidding for bunker gear meeting the standards of existing city equipment in
this exceptional situation is not feasible or practical.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1. That the City Council of the City of Fayetteville,Arkansas hereby waives the requirements
of formal competitive bidding and approves a contract between the City of Fayetteville,Arkansas and Wayest
in the amount of$47,500.00 to provide replacement bunker gear(coat and pants)to the Fayetteville Fire
Department.
PASSED and APPROVED this 15'b day of December,2009.
APPROVED ATTEST:
IO �LD JO ,Mayor SO RA E.SMITH,City Clerk/Treasur °°
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INVITATION FOR COMPETITIVE SEALED BIDS
SCOPE:
The scope of this Invitation to Bid is to provide firm contract pricing for Structural
Firefighting Blood Borne Resistant Personal Protective Clothing (Coats and Pants)to be
{ purchased by the agencies listed below and to provide for a clear annual cost increase
i program of the stated items ordered for a contract period of five(5)years beginning on
November 15, 2009 and ending on November 14, 2014.
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BID ITEMS:Structural Firefighting Blood Borne Resistant Personal Protective Clothing
(Coats and Pants)as further specified later in this document.
Bid pricing must include individual fire department personnel sizing for custom fit of the
stated coats and pants to be performed in house at the local fire stations of the
purchasing agencies by factory trained dealer representatives. NO EXCEPTIONS.
Item Description Unit Price
Structural Firefighting Personal Protective Coat with Springdale Options $ 969.00
Structural Firefighting Personal Protective Pants with Springdale Options $ 749.00
Structural Firefighting Personal Protective Coat with Fayetteville Options $ 954-00
Structural Firefighting Personal Protective Pants with Fayetteville Options $ 785.00
Structural Firefighting Personal Protective Coat with Bentonville Options $ 962.00
Structural Firefighting Personal Protective Pants with Bentonville Options $ 749.00
The bid unit price must cover all of the materials and operations necessary for the
production of items as specified including delivery(FOB Destination,freight paid). Sales
tax is not to be included in the bid unit price. Applicable Arkansas sales.tax laws
(state and local)will apply to this bid, but will not be considered in award of the bid.
1. The entire cost of preparing and providing responses to this bid invitation shall be
borne by the bidder.
2. All bidders must be authorized dealers to sell and service the products specified.
PURCHASING AGENCIES:
Springdale,Arkansas Fire Department;
Fayetteville,Arkansas Fire Department;
Bentonville,Arkansas Fire Department;
Other fire departments within Benton, Carroll, Madison,
and Washington Counties,Arkansas
CONTACT PERSON and TELEPHONE: Springdale Fire Chief Duane Atha, Office
Telephone:479-751-4510
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BID OPENING LOCATION:
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City of Springdale Administration Building located at 201 Spring Street, Springdale,
Arkansas in room 236.
BID OPENING DATE AND TIME:
I November 2, 2009 at 2:00 pm Central Daylight Time
BID SUBMISSION:
j Bids may be mailed, shipped via common carrier, or hand delivered to City of
Springdale, City Clerk's Office located at 201 Spring Street, Springdale,Arkansas
72764 until 2:00 pm on November 2, 2009.
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j Bids must be submitted on this form, with attachments as appropriate, on or before the
date and time specified for bid opening. If this form is not used, the bid may be rejected.
I The bid must be typed or printed in ink and signed in ink. Unsigned bids will be
disqualified. The person signing the bid should show title or authority to bind his/her firm
in this contract. Bid prices must remain firm for consideration and acceptance for thirty
days from the bid opening date.
BIDS MAY NOT BE FAXED. SEALED BIDS WILL BE ACCEPTED FOR THE ABOVE
STATED PURCHASING AGENCIES ONLY UNTIL THE DATE AND TIME SPECIFIED
ABOVE AT THE SPECIFIED LOCATION. THE BID ENVELOPE MUST BE SEALED
AND SHOULD.BE PROPERLY MARKED WITH "PROTECTIVE CLOTHING BID"AND
THE BIDDER'S NAME AND RETURN ADDRESS.
BID/CONTRACT RULES and PERIOD:
Bid prices are firm for the life of the contract with the following price escalation rules.
The contract is for a five (5) year term beginning on November 15,2009 and ending on
November 14, 2014. Bid contract is for firm pricing on a calendar year(January to
December) basis. The initial bid price will be fixed for the period from November 15,
2009 until December 31, 2010. Price increases will be allowed based on the Consumer
Price Index for each preceding calendar year for purchases ordered in 2011, 2012,
2013, and 2014 (prior to contract expiration on November 14, 2014.
A contract award will be issued to the successful bidder. The contract results in a binding
obligation without further action by either party.This award does not authorize shipment.
Shipment is only authorized after the authorized purchasing agency provides
confirmation to the successful bidder in accordance with each purchasing agencies
purchasing procedures.
ESTIMATED QUANTITIES:
The purchasing agencies anticipate combined purchase quantities of fifty(50) units each
(Coats and Pants) per calendar year during the contract period. Actual order quantities
may be more or less than the estimated quantity. Quantities stated are estimates only,
and are not guaranteed.
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ANTICIPATION TO AWARD BID/CONTRACT:
This Invitation for Bid will be awarded to the lowest responsive, responsible bidder that
meets all specifications and requirements stated herein for the life of the contract.
The purchasing agencies anticipate award of the contract within thirty (30)days following
bid opening.
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STANDARD TERMS AND CONDITIONS:
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ACCEPTANCE AND REJECTION:The purchasing agencies reserve the right to accept
or reject all or any part of a bid or any and all bids,to waive minor technicalities, and to
award the bid to best serve the interest of the agencies.
BRAND NAME REFERENCES: Bids on brands of like nature and quality will be
considered. Bids must show the manufacturer, brand or trade name, and other
descriptions, and should include the manufacturer's illustrations and complete
descriptions of the product offered. The purchasing agencies reserve the right to
determine whether offered brands are equivalent and meet the standards of the items
specified, and the purchasing agencies may require the bidder to supply additional
descriptive material.
DEFAULT:All products furnished will be subject to inspection and acceptance of the
purchasing agency after delivery. Back orders, default in promised delivery, or failure to
meet specifications authorize the purchasing agency to cancel the contract.
INVOICING:An itemized invoice addressed to the purchasing agency reflecting the
agency's individual purchase confirmation, item description, quantity, unit price, and total
price including applicable sales tax is required. Payment to the vendor by the
purchasing agency will be made within 30 days following delivery, acceptance and
invoicing in accordance with these specifications.
DELIVERY(FOB DESTINATION, FREIGHT PAID):
Delivery is required within forty-five (45)working days after receipt of order. "Working
days"shall be defined as Monday through Friday of each week exclusive of all official
Federal holidays. All transportation expenses for delivery of the.finished product will be
the responsibility of the contractor.
Extended (Alternate)delivery days may be considered when in the best interest of the
purchasing agencies.
If delivery guaranty of forty-five (45)days cannot be met by the bidder,the bidder must
state the number of days required to place the product in the ordering agencies
designated location. Failure to state the delivery days obligates the bidder to
complete delivery within forty-five(45)working days after receipt of order.
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If the bidder desires to submit an alternate delivery period, the bidder shall insert the
number of working days required by the bidder for the delivery of stated product in the
blank below.
ALTERNATE DELIVERY: working days after receipt of order for delivery to
designated location.
j DELIVERY LOCATIONS:
Springdale,Arkansas Fire Department;
Fayetteville,Arkansas Fire Department;
Bentonville,Arkansas Fire Department;
Other fire departments within Benton, Carroll, Madison,
and Washington Counties,Arkansas as specked by the
department
LIQUIDATED DAMAGES OR PENALTY:
All products furnished will be subject to inspection and acceptance after delivery. Failure
to meet specifications constitutes breach of contract and liquidated damages may be
imposed by the purchasing agencies.
Liquidated damages imposed by a purchasing agency against the bidder for failure to
meet the agreed upon delivery schedule will be one percent(1%) of the invoice amount
of the applicable order for each working day beyond the specified delivery time.The
bidder shall be relieved of delays due to causes beyond their control such as acts of
God, national emergency, strikes, or fire. The bidder must notify in writing, on a timely
basis, the purchasing agency of such developments stating reason,justification and
extent of delay.
MANUFACTURER AUTHORIZED REPAIR CENTER:
Bidders must provide valid proof of the availability of a factory approved
repair/refurbishment center for the timely repair and refurbishment of damaged and or
worn products purchased pursuant to this contract. Bidder must provide written
guaranty of working days required (barring severe or otherwise unusual circumstances)
to complete repair or refurbishment of product.
REPAIRIREFURBISHMENT TIME: Bidder guaranties they will repair or refurbish
products purchased under this contract in 5 working days after receipt of order
including return delivery to the purchasing agency.
DETAILED ITEM SPECIFICATIONS:
The minimum requirements of this specification are as defined by NFPA 1971, Standard
on Protective Ensemble for Structural Fire Fighting,2007 Edition (hereinafter referred to
as NFPA 1971, except in the absence of comment on a particular point, industry
standard practice shall be presumed to prevail. Workmanship and material shall be first
quality throughout. All exceptions to specifications must be clearly identified within
the bid. In the absence of comment to a specific point, the bidder is required to furnish
a wholly compliant garment. Blanket exception(s) are not allowed.
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Does your bid comply with all aspects of this section? Yes XX No
The bidder must certify that the products proposed in this bid meet or exceed all
requirements of NFPA 1971. The manufacturer must also list and label this product with
Underwriters Laboratories Inc. (UL)or Safety Equipment Institute(SEI), as third party
certification as prescribed in NFPA 1971.All certification testing and test preconditioning
must have been performed by an ISO 17025-certified laboratory. UL, SEI or a UL
Authorized Client Test Data Program laboratory may fulfill this requirement.
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j Certification shall include, by definition,the scope of blood borne pathogen protection as
follows:When used with BPR gloves, BPR boots, and a BPR helmet (with BPR face
shield and ear covers),the garments shall provide head-to-toe blood borne pathogen
resistance protection, including interface areas, as defined by the NFPA 1971 Viral
Penetration Resistance Test, in conjunction with the NFPA 1971 Whole Garment Liquid
j Penetration Test.
j Does your bid comply with all aspects of this section? Yes XX No
Barrier layer material[s]and barrier layer seams.shall meet requirements of the NFPA
1971 Ural Penetration Resistance Test.
Does your bid comply with all aspects of this section? Yes XX No
Manufacturer must provide third party certification of the required interface blood borne
pathogen resistant capability.
Does your bid comply with all aspects of this section? Yes XX. No
tLabels shall be permanently and integrally printed onto breathable materials that meet
the requirements for labels of NFPA 1971. Garment labels shall meet all requirements
of NFPA 1971 Flame Resistance Test One. The product shall be clearly labeled to fully
identify the material content of all three layers: outer shell, moisture barrier and thermal
liner. Each separable layer shall be labeled with the FEMSA-style DANGER label in an
i obvious location.
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Does your bid comply with all aspects of this section? Yes XX No
Pattern tailoring to custom fit individual department members is mandatory. Individual
personnel sizing shall be performed for each and every item ordered. Sizing must be
performed by a factory trained measurement specialist taking actual measurements of
the firefighter. Sizing measurements shall be taken at the local purchasing agency's
location under a schedule mutually agreed upon between the successful bidder and the
purchasing agency. No generic sizing such as Small-Medium-Large-Extra Large will be
allowed.
Does your bid comply with all aspects of this section? Yes XX No
Product sizes shall be provided with the following options: coat chest size in 2-inch
increments, coat sleeve length in .5-inch increments, coat back length in 1-inch
increments, pants waist size in 2-inch increments, and pants inseam in 1-inch
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