4-RFQ 26-2-14301 Vol 3 Special Provisions.pdf

Agency for Community Transit Uniforms and Clothing No. 26-2-14301

Special Provisions Page 1 of 2

VOLUME 3 SPECIAL PROVISIONS

3.1 Type and Term of Contract

This is a firm fixed unit price contract with an allowance for economic price adjustments. The contract will be effective upon contract execution for services beginning January 1, 2027, and shall expire on December 31, 2031. Any extension to the contract term beyond this five (5) year term shall be only with written approval of both parties.

3.2 Economic Price Adjustment

All contract prices shall remain firm until December 31, 2027. Thereafter, price adjustments proposed by the Contractor will only be considered twice per calendar year. Price adjustments requested by the Contractor must be submitted in writing and need to include supporting documentation. At a minimum, the price adjustment request needs to include (1) the cause for the adjustment; and (2) the amount of the change requested with documentation to support the requested adjustment (e.g. Bureau of Labor Statistics, Consumer Price Index (CPI-U) for All Urban Consumers: Apparel (U.S. City Average)). In no case shall price adjustments exceed the CPI-U or 5% annually, whichever is less. A written contract modification will serve as the Owner’s acceptance for any proposed unit price adjustment.

The price adjustment shall be computed by changing the base price by the same percentage as the percent change in the CPI-U from the base year. The Contractor is responsible for notification of price reductions as well as price increases.

Example:

CPI Future Order Month 143.4 Less CPI: Base Award Month 137.1 Equals Index Point Change 6.3

Index Point Change 6.3 Divided by CPI Base Award Month 137.1 Equals (rounded to 4 decimals) 0.0460 Results Multiplied by 100 Equals Percent of Change 4.60%

Original Item Price $25.45 Plus: Inflationary change ($25.45 x 4.60%) 1.17 Revised Price for Future Order $26.62

3.3 Compensation and Payment Terms

Compensation. Contractor shall be compensated for actual services rendered and products delivered in accordance with this contract at the unit prices stated on the Bid Price Form, or any subsequent written contract modifications.

Invoicing. Purchase order numbers shall be referenced on all packing slips and invoices. Invoices shall be dated and submitted to the Owner no later than the 10th of the month following delivery of products and/or completion of services. Invoices should be e-mailed to accountspayable@mct.org or mailed to:

Agency for Community Transit Attn: Accounts Payable 1 Transit Way Pontoon Beach, IL 62040

Payment. Payment of the above compensation shall be made within 30 days of Contractor’s invoice for products and services authorized, accepted and approved by the Owner.

mailto:accountspayable@mct.org

Agency for Community Transit Uniforms and Clothing No. 26-2-14301

Special Provisions Page 2 of 2

3.4 Reimbursement of Administrative Costs – Product and Services Late Delivery or Non-Performance: If the Contractor fails to deliver the products or perform the services within the time specified in this contract, the Contractor shall pay/reimburse the Owner for administrative costs in the amount of $10.00 per business day for the delay.

Incorrect Order: The Contractor shall pay/reimburse the Owner for administrative costs in the amount of $25 if items associated with two (2) or more Owner purchase order lines during a given month are delivered incorrectly. Examples of such occurrences include, but are not limited to, deliveries of the wrong item or size, item doesn’t have the required logo and/or name embroidered or screen-printed, embroidery or screenprint doesn’t conform to size, color and/or location requirements, product not hemmed to the correct size, etc.

Calculation example: The Owner issues 3 PO’s during January with 25 separate lines. One of the lines is for a quantity of 5 hats. A separate line is for 6 pair of pants. All the hats are delivered with the wrong size logo. One of the pants has a leg hemmed too short. This is two (2) PO lines with items delivered incorrectly, therefore, the $25 charge for reimbursement of administrative costs shall be paid to the Owner by the Contractor.

Payment Process: The Owner will issue an invoice to the Contractor, if applicable, for any administrative costs due. Alternately, if agreed by both parties, the Contractor shall include a credit on the next invoice. The Owner reserves the right to adjust payment made to the Contractor if the credit has not been accounted for or check has not been received within 60 days of the Owner’s notification of amount due.

3.5 Resolution of Contract Inconsistencies

All inconsistencies and ambiguities among the documents which constitute this Contract shall be resolved by giving effect to the relevant position in the document which first appears in the following list: (1) Solicitation, Offer and Award Form; (2) State of Illinois Provisions; (3) Special Provisions; (4) General Terms and Conditions;

(5) Scope of Work; (6) Instructions to Bidders; and (7) Bid submittal documents.

3.6 Insurance Requirements

Refer to State of Illinois Provisions.

3.7 Bid Price Form and Fee Limitations

The Bid Price Form includes the core uniform and clothing line items, estimated annual quantities for bid-evaluation purposes, and a separate additional fee pricing schedule. Bidders shall provide a unit price for every core line item.

Unless a separate fee is expressly listed in the Bid Price Form, each unit price shall include the garment or item, required logo and/or employee name application, standard hemming or alterations required by this Scope of Work, packaging, delivery F.O.B. destination, and all other costs necessary to provide the item in accordance with the Contract.

Separate fee pricing, if any, is requested for premium/extended-size charges, monthly fitting service charges, and Driver Accident Free Patch sew-on/removal. No fee, surcharge, or premium may be charged unless identified in the Bid Price Form and accepted by the Owner in the resulting Contract or subsequent written modification. Where the Bid Price Form contains a separate extended-size line item with unit price including the premium charge, the Contractor shall not also charge the premium/extended-size fee for that same item.

3.8 Notices

Any notice required under this contract shall be in writing, dated and signed by the party giving such notice or by a duly authorized representative of such party. Notices shall not be effective unless transmitted by any method that provides confirmation of transmission and delivery.

3.9 Entire Contract

This contract constitutes the complete and entire agreement between the Owner and Contractor and supersedes any prior representations, understandings, communications, commitments, agreements or proposals, oral or written, that are not incorporated as a part of the contract.