Loading...
HomeMy WebLinkAboutResolution - 2008-R0013 - Contract For Protective Bunker Gear - Daco Fire Equipment - 01_10_2008Resolution No. 2008-R0013 January 10, 2008 Item No. 5.19 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and Daco Fire Equipment of Lubbock, Texas, for protective bunker gear per bid 08-010- FO, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 10th day of January , 2008. D•VI.• MILLER, MAYOR ATTEST: Garza, City APPR ED ZO CNTENT: Rhea Cooper, Fir Chief APPROVED A,§,TO FORM: ffniNandi"Ver, Attorney of Cc DDres/DacoFireEquip0gConRes December 31, 2007 Resolution No. 2008—R0013 CITY OF LUBBOCK CONTRACT For Protective Bunker Gear - Annual Pricing Bid No. 08-010-FO THIS CONTRACT, made and entered into this 10th day of January, 2008, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Daco Fire Equipment, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Protective Bunker Gear - Annual Pricing and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Protective Bunker Gear. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: l . In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the Protective Bunker Gear specifically referred to as Item(s) No. 1, 2, and 3 and more particularly described on the Bid Form submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. 3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. The contract shall be for a term of one-year, said date of term beginning upon City Council date of formal approval. The City and Contractor may, upon written mutual consent, extend the contract for two additional one-year periods. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 4. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 5. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 6. This Contract consists of the following documents set forth herein; Invitation to Bid #08-010-F0, General Conditions, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK David A. Mil r, Mayor ATTEST: Rebec a Garza, City Seck-W�' �s %APPROVED AS RM: Assistant Ci'tq Attorney CONTRACTOR BY - ------ Authorized Representative Address APPR VED AS O CONTENT: #41j, RheS Cooper Fire Chief ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing Resolution No. 2008-R0013 SUBMIT TO: t T a CITY OF LUBBOCK CITY OF LUBBOCK, TEXAS Purchasing & Contract Management 1625 13`b Street, Rm. 204 AN EQUAL INVITATION TO BID Lubbock, TX 79401-3830 OPPORTUNITY QQ #08-01 UFO CONTACT PERSON: EMPLOYER Felix Orta-Senior Buyer INA ORIG L TEL: 806.775,2167 FAX: 806.775.2164 http://purchasing.ci.lubbock.tx.us TITLE: SUBMITTAL DEADLINE: Protective Bunker Gear - Annual Pricing December 13, 2007 @ 3:00 P.M. CST PRE BID DATE, TIME AND LOCATION: Deleted Any bids received after the time and date listed above, regardless of the mode of delivery, shall be returned unopened. RESPONDENT NAME: D A C O FIRE EQUIPMENT LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR MAILING ADDRESS: COMPANY NAME AND ADDRESS. PO BOX 5006 IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BID". CITY - STATE - ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR LUBBOCK, Tx 79408 REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. TELEPHONE NO: 8 0 6- 7 6 3- 0 8 0 8 FURTHER, THE CITY RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF FAX NO: 806-763-9151 THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK E-MAIL: a r r e t t@ d a c o f i r e. c o m THAT THIS REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK FEDERAL TAX ID NO, OR SOCIAL SECURITY NO. PURCHASING MANAGER IF ANY LANGUAGE, REQUIREMENTS, 7 5- 2 7 9 4 2 4 4 ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm?_ YES— NO IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. ITB#08-010-FO.doc ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I fiuther agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws 4-the d States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or ' o ubbock. At the City's discretion, such assignment shall be made and become effective at the time the City o the vendor. SALES Authorized Signature Title GARRETT DOBMEIER 12-11-07 Print/Type Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB#08-010-FO.doc 2 X e► ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing BID FORM Protective Bunker Gear -Annual Pricing CITY OF LUBBOCK, TEXAS ITB #08-010-FO In compliance with the Invitation to Bid #08-010-FO, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid #08-010-FO is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. Appro Unit Of Unit Price* Extended Delivery Item QTY Measure Description Bid Cost Days a. b C. d. e. f. = b x e ARO** 60 Protective Coat, as specified herein. 1. (More EA $ $ or Less) 1,069.00 64,140.00 75—QO 60 Protective Trousers, as specified herein. 2 (More EA $ $ or Less) 688.00 41,280.00 7 5 — 9 0 60 Protective Suspenders, as specified herein 3. (More EA $ $ or Less) 42.00 2,520.00 1A-71 Total bid items 1, 2 and 3: Total per set price. $ $ 4 7 5 _ ca n OPTION 1: Replacement Thermal Barrier/Moisture Barrier Assembly A 60 EA Coat: Installed by Lubbock Fire $ $ Department 405.00 2 4 0 10 0 n 0 7,;-Qn B 60 EA Pants: Installed by Lubbock Fire $309.00 $ 18, 5A�.nn 75_on Department OPTION 2: Replacement Moisture Barrier on an existing Thermal Liner A 60 EA Coat: Installed by Manufacturer $ 2 6 2.00 $ 19 7 2 n B 60 EA Pants: Installed by Manufacturer $ 1 Q $1 170 _ Q *PRICE: F.O.B. Destination. Freight Pre -Paid and Allowed **Days After Receint of Order (ARO) PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net _ calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as ITM8.010-FO.doc 3 to re ' ITB # OB-010-FO, Protective Bunker Gear -Annual Pricing provided for by the Interlocal Cooperation Act (Chapter 701, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor. Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materialslservices under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY n A c n F T R F. F. Q U T P MF N T a corporation organized under the laws of the State of TEXAS , or a partnership consisting of individual trading as Firm: DACO FIRE EQUIPMENT, INC. Address:2 0 1 A V E. R City: M Firm gy LUBBOCK of the City of State: T X Zip 794 1 5 /WBE Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) Authorized Representative - must sign by hand Officer Name and Title: GARRETT DOBMEIER, SALES Please Print Business Telephone Number 8 0 6— 7 6 3— 0 8 0 8 FAX: 8 0 6— 7 6 3— 9 1 s 1 FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $25,000): Date P.O./Contract Issued: or an LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB#08-010-FO.doc 4 Authorized Representative - must sign by hand Officer Name and Title: GARRETT DOBMEIER, SALES Please Print Business Telephone Number 8 0 6— 7 6 3— 0 8 0 8 FAX: 8 0 6— 7 6 3— 9 1 s 1 FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $25,000): Date P.O./Contract Issued: or an LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB#08-010-FO.doc 4 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing Protective Bunker Gear -Annual Pricing CITY OF LUBBOCK, TEXAS ITB #08-010-FO THE CITY OF LUBBOCK APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, AND ATTACHED SPECIFICATIONS. I. INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Protective Bunker Gear - Annual Pricing per the attached specifications. Sealed bids will be received no later than 3:00 P.M. CST, December 13, 2007, if date/time stamped on or before 3:00 P.M. at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. EACH BID AND SUPPORTING DOCUMENTATION MUST BE IN A SEALED ENVELOPE OR CONTAINER PLAINLY LABELED IN THE LOWER LEFT-HAND CORNER: "ITB #08-010- FO, PROTECTIVE BUNKER GEAR -ANNUAL PRICING" AND THE BID OPENING DATE AND TIME. BIDDERS MUST ALSO INCLUDE THEIR COMPANY NAME AND ADDRESS ON THE OUTSIDE OF THE ENVELOPE OR CONTAINER. Bids must be addressed to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form must be completed in blue or black ink or by typewriter. 1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be withdrawn, altered or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing authenticity. 1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING - DELETED 3 CLARIFICATION OF REQUIREMENTS 3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It is the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid closing date. A review of such notifications will be made. 3.2 ALL REQUESTS P'OR ADDI O�Yr rINFORMATT01 Olt CLARIFICATIOP( CONCERNING THIS INVITATION TO'BID PB),f4tiIST BE SUBMfTTED iN ' TINE NO LATER THAN FIVE (S) BIiSINES$ DAYS PRIOR TO THE $10 CLOSING DATE AND ADDRESSED TO: ITB#08-010-FO.doc 5 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing Felix Orta, Senior Buyer City of Lubbock 1625 13'h Street Lubbock, Texas 79401 Fax: (806) 775-2164 FOrta@mylubbock.us RFPDepot: h"://www.RFPdei)ot.com 4 ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at http://www.RFPdepot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 4.2 Any offeror in doubt as to the true meaning of any part of the ITB or other documents may request an interpretation thereof from the Purchasing Department. At the request of the offeror, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addenda issued by the Purchasing Department. Such addenda issued by the Purchasing Department will be available over the Internet at http://www.RFPdepot.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock. 4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 5 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these specifications. 5.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. BID SUBMITTAL 6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND TWO COPIES OF THE SEALED BID TO THE PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO SUBMIT THE ADDITIONAL COPIES MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. The original must be clearly marked "ORIGINAL" and the copies must be clearly marked "COPY". 6.2 Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in the space provided. Identify the item bid, including brand name and model number, if applicable. Enter unit price, extended cost, and delivery days in the columns provided. In the event of discrepancies in extension, the unit price shall govern. THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR BY TYPEWRITER. 6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE INCLUDED IN BID. Tax exemption certificates will be executed by the Purchasing Manager upon request. ITB#08.010-FO.doc 6 ITB # OS-010-FO, Protective Bunker Gear -Annual Pricing 6.4 Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to be included in the bid. 6.5 Bids will not be considered unless bid F.O.B. delivered and include all delivery and packaging costs. The number of calendar days required to place the materials in the CiWs receiving point under normal conditions must be shown on the Bid Form. DO NOT quote shipping dates. Failure to indicate delivery days on the Bid Form will obligate Bidder to complete delivery in two weeks. A minimum of five days better delivery will automatically break a tie bid. Unrealistically short or undue long delivery promises may cause bid to be disregarded. Consistent failure of a bidder to meet delivery promises without a valid reason may cause removal from the bid list. 6.6 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price increases will not be considered. 6.7 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB, and all reports, charts, and other documentation submitted by bidders shall become the property of the City of Lubbock when received. 6.8 If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. 6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 7 BID PREPARATION COSTS 7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay My costs incurred in the preparation and submission of a bid. Also, should a bidder bid an alternate, any test costs to prove equality of product will be at the expense of the bidder, not the City of Lubbock. 7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 8 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. LICENSES, PERMITS, TAXES 9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. IT13#08-M-FO.doc ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing 10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS 10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 10.2 A HUB is defined as a small business concern which is at least 51 % owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51 % of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. 11 CONFLICT OF INTEREST 11.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 11.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 12 AUTHORIZATION TO BIND SUBMITTER OF BID 12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by an officer of the company authorized to bind the submitter to its provisions. Person signing bid must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign bid will disqualify it. 12.2 The bid submitted by the bidder shall become an integral part of the contract between the City and the Bidder and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or corporation executing the same. 13 BID AWARD 13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Lubbock. In determining the best value for the City of Lubbock, the City may consider: a) The purchase price; b) The reputation of the of the bidder and of the bidder's goods or services; c) The quality of the bidder's goods or services; d) The extent to which the goods or services meet the City's needs; e) The bidder's past relationship with the City; f) The impact on the ability of the City to comply with laws and rules relating to contracting with Historically Underutilized Businesses and non-profit organizations employing persons with disabilities; g) The total long-term cost to the City to acquire goods or services; and h) Any relevant criteria specifically listed in the Invitation to Bid. 13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City may award the bid either item -by -item or on an all - or -none basis for any item or group of items shown on the Bid Form. 13.3 All bids are evaluated for compliance with specifications before the bid price is considered. Failure to comply with the listed General Conditions may result in disqualification of bid. 13A In case of fie bids, preference will be given to local bidders. Consistent and continued tie bidding on any commodity could be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. ITB#08-010-FO.doc ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing 13.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 13.6 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the Iaws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same maybe applicable. 13.7 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 13.8 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders are those that have, in the sole judgment of the City, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. The City may also consider references and financial stability in determining a responsible Bidder. 14 EQUAL EMPLOYMENT OPPORTUNITY 14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violative of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws. 15 SPECIFICATIONS 15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive and NOT restrictive, and are used to indicate type and quality level desired. Bids on brands of like nature and quality may be considered unless specifically excluded. 15.2 If bidding on other than reference or specifications, bid must show manufacturer, brand, trade name, catalog and/or lot number, etc., on article offered and certify article offered is equivalent to specifications. If other than specified brand of items are offered, specifications, catalog sheets, illustrations and complete descriptive literature must be submitted with bid. 15.3 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. The City of Lubbock specification committee will be the sole determiner of what constitutes a minor deviation. 15.4 The City may deem it necessary to specify Approved Brands after conclusive testing, prior to usage or standardization. The City may test any sample(s), supplied free of charge, to qualify for the Approved Brand list. Each sample must be marked with bidder's name and address. At bidder's request and expense, the sample(s) not destroyed or used in examinations and testing will be returned. 15.5 When specifications call for samples to be submitted, samples shall be delivered by the bidder, at bidder's expense, five days prior to the opening of bids. Each sample shall be clearly tagged to show bidder's name and address and item number. 15.6 The City of Lubbock reserves the right to determine which specific items on any specification requirements require strict adherence, or are most important, and those that are not, or requiring a lesser degree of importance (i.e., the shade of paint is far less important than the horsepower of a motor). Such determination can and will be a basis for evaluating, recommending and making award. The City will, at its sole discretion, assess warranty offered, and utilize life -cycle costing and/or performance factors as the evaluation method and basis for award. The low bid most closely meeting specifications is usually the bid given the award, although delivery time is sometimes a necessary factor (i.e., a low bid that best meets specifications will not do us much good if delivery is two years from now). Should a requested specification sheet not be submitted with a bid, this is considered non -responsive and therefore may not be considered. PLEASE READ AND RESPOND TO SPECIFICATION REQUIREMENTS CAREFULLY. 16 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS 16.1 Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives ITIM18-010-FO.doc ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a'bidder who is not a resident of the municipality, the municipality may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. 16.2 This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. 16.3 In order to receive consideration, bidders must submit an Affidavit of Eligibility. 17 QUALIFICATIONS OF BIDDERS 17.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that the Bidder or his Subcontractor has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The Bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the Bidder's or his Subcontractor's qualifications. 17.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the Bidder or his Subcontractor to perform the work, and the Bidder shall fumish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the Bidder fails to satisfy the City of Lubbock that the Bidder or his Subcontractor is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the Bidder's or his Subcontractor's qualifications shall include: a) The ability, capacity, skill, and financial resources to perform the work or provide the service required; b) The ability of the Bidder or his Subcontractor to perform the work or provide the service promptly or within the time specified, without delay or interference; c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his Subcontractor; d) The quality of performance of previous contracts or services. 18 ANTI -LOBBYING PROVISION 18.1 DURING THE PERIOD BETWEEN BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 18.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. ITB#08.010-FO.doc 10 ITB # 08-010-FO, Protedve Bunker Gear -Annual Pricing 19 UTILIZATION OF LOCAL BUSINESS RESOURCES 19.1 The City desires, as much, as practicable, to stimulate growth in all sectors of the local business community. Bidders are strongly encouraged to explore and implement methods for the utilization of local resources. 20 PROTEST 20.1 All protests regarding the bid solicitation process must be submitted in writing to the City Purchasing Manager within five (5) business days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the bidding process. This limitation does not include protests relating to staff recommendations as to award of this bid. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. 20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 21 BIDDING ITEMS WITH RECYCLED CONTENT 21.1 In addressing environmental concerns, the City of Lubbock encourages Bidders to submit bids or alternate bids containing items with recycled content. 21.2 When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. 22 CONTRACT TERM AND PRICING 22.1 The contract shall be for a term of one-year, said date of term beginning upon City Council date of formal approval. The City and Contractor may, upon written mutual consent, extend the contract for two additional one-year periods. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPT) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 22.2 Listed quantities are estimates only. Actual quantities may vary dependent upon usage/requirement. The City of Lubbock is aware of the time and effort you expend in preparing and submitting bids to the City. Please let us know of any bid requirement causing you difficulty in responding to our Invitation to Bid. We want to facilitate your participation so that all responsible vendors can compete for the City's business. Awards should be made approximately two to six weeks after the opening date. If you have any questions, please contact the City of Lubbock Purchasing Manager at (806) 775-2165. ITB#08-010-FO.doc 11 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing H. GENERAL CONDITIONS **** PLEASE READ CAREFULLY **** These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shall mean the City of Lubbock. 1Quantities: The quantities appearing in this Invitation to Bid are approximate only and the City reserves the right to increase, decrease or delete any or all items. If the quantities of materials to be furnished are increased, such increase shall be paid for according to the unit prices established for the item. In making its bid hereunder, the Seller expressly recognizes the rights of the City provided herein, and further recognizes that the Seller shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted. Product Guarantee: Seller guarantees equipment or product offered will meet or exceed specifications identified in this bid invitation. The Seller shall, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specifications, the Seller shall upon written request from the City, promptly remove such equipment or product without any further expense to the City. At the City's request, Seller will provide evidence sufficient to demonstrate such equipment or product meets the foregoing. Invoices: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Seller shall not be in default under the terms of the contract, and until the above instruments are submitted after delivery. CITY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES. 4 Delivery Delay: When delivery delay can be foreseen, the Seller shall give prior notice to the Purchasing Manager, who shall have the right to extend the delivery date if reasons for delay appear acceptable. The Seller must keep the Purchasing Manager informed at all times of the status of the order. Default in any manner under the contract, including, but not limited to default on promised delivery, without acceptable reasons, or failure to meet specifications hereunder authorizes the Purchasing Manager to purchase goods elsewhere and charge any increase in cost and handling to the defaulting Seller, and/or exercise any and all rights available to it by law, equity and/or under the terms of the contract. Every effort will be made by the Purchasing Office to locate the goods at the same or better price as than originally contracted. No Warranty By The City Against Infringements: As part of the contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of any third person by way of infringement of the like. The City makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall The City be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like will result, he will notify the City to this effect in writing within two weeks after the signing of the contract. If the City does not receive notice and is subsequently held liable for the infringement or the like, Seller will save The City harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. Gratuities: The City may, by written notice to the Seller, cancel the contract or purchase order without liability to Seller if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7 Warranty -Price: a. The price to be paid by the City shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current prices on orders by other parties for products of the kind and specification covered by the contract for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches IT8#08-010-FO.doc 12 ,. I ITB # 08-010-F0, Protective Bunker Gear -Annual Pricing this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by other, or in the alternative. The City may cancel the contract without liability to Seller for breach or Seller's actual expenses. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for commission, percentage brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty the City shall have the right in addition to any other right or rights to cancel the contract without liability and to deduct from the Contract price, or otherwise recover the full amount of such claimed commission, percentage, brokerage, or contingent fee. 8 Cancellation: The City shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent and/or files bankruptcy or has bankruptcy filed against it. Such right to cancellation is in addition to and not in lieu of any other remedies which the City may have in law, equity or hereunder. 9 Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for each chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of warning label on the container) to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally known as the Right to Know Law.) 10 Termination: The contract or purchase order may be terminated in whole, or in part by the City. Termination hereunder shall be effected by the delivery to the Seller of a "Notice of Termination" specifying the extent to which the contract or purchase order is terminated and the date upon which such termination becomes effective. In the event of said termination, in whole or in part, provided that Seller shall not be in default under the Contract, the Seller shall be entitled to payment only for goods actually delivered, and/or services actually performed under and in compliance with the terms of the contract or purchase order. 11 Force Majeure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood. 12 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Seller without the written permission of the City. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 13 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 14 Interpretation -Parole Evidence: This writing, plus any specifications for bids and performance provided by the City in its advertisement for bids and any other document provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in the contract, the definition contained in the Code is to control. 15 Applicable Law: The Contract shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of the contract. 16 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other parry's intent to perform he may demand that the other party give written assurance of this intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 17 Indemnification: Seller shall indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subcontractor or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom ITB#08-010-FO.doc 13 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Seller shall, at its own expenses, satisfy discharge the same. Seller expressly understands and agrees that any bond required by the contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 18 Nonappropriation: All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then - current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 19 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Seller to meet the time specifications of the contract will cause Seller to be in default of the contract. 20 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that only material and worlananship of the finest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. 21 Environmental Stewardship The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound environmental performance by controlling and mitigating the environmental impact of City activities, operations, and services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to provide services and materials to the City are required to uphold an equally high standard. To that end all contractors and suppliers hired by the City agree to maintain full compliance with any and all applicable environmental regulations. In addition, contractors and suppliers agree to implement whatever processes and procedures necessary to reduce and eliminate pollution and wastes and conserve natural resources while under contract with the City. To the greatest extent possible, while still delivering the highest quality service or material, City contractors and suppliers, as well as any sub- contractors under their supervision, will: • mtinimize waste and pollution generation; • conserve natural resources and energy; • minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and products; • use the highest available post -consumer content materials and products; • recycle and/or reuse as much as is possible, waste materials; and • incorporate into project design energy efficient fixtures, appliances and mechanical equipment. The City Right to Audit At any time during the term of this thereafter the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. ITB#08-010-FO.doc 14 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or malting sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: DACO FIRE EQUIPMENT. INC. Signature of Company Date Signed: 1 2— 1 1— 0 7 Printed name of company official signing above: G A R R E T T D O B M E I E R ITBtt08-010-FO.doc 16 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. In order to receive consideration, bidders must submit this affidavit to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13`b Street, Room 204 Lubbock, TX 79401 Complete all areas below. Incomplete affidavits may be rejected. Local Business Name: D A C O FIRE EQUIPMENT, INC. Local Address (must be within the City limits): 201 AVE. R LUBBOCK, TX 79415 Address of the company's principal place of business within the United States: 2 0 1 AVE - R LUBBOCK, T X IQ 4 15 1. How many residents of the City of Lubbock are employed at the above business location? 4 2. Year your business was established in the City of Lubbock: 1 9 6 2 3. For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number: 17527942449 Company Name and Address (as it appears on permit): DACO FIRE EQUIPMENT 90 1 AVE - R LUBBOCK, TX 79415 4. Does your business have more than one office in the State of Texas? Yes X No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: 5. Was the local business required to pay business and/or real property tax for the most recent tax year? X Yes No If Yes, did the local business pay any of this tax to the City of Lubbock? X_ Yes No Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, firm, corporation or entity inten ' ally submitting false information to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City o ock d services for a period of one (1) year. Authorized Signature: - Date: 12-11-07 Printed Name and Title: G A R R E T T D O B M E I E R, SALES ITW8-010-FO.doc 17 b ITB # 08.010-FO, Protective Bunker Gear -Annual Pricing LUBBOCK FIRE DEPARTMENT SPECIFICATIONS FOR PROTECTIVE CLOTHING FOR STRUCTURAL FIRE FIGHTING November 2007 INSTRUCTIONS TO BIDDERS — GENERAL REQUIREMENTS It shall be each bidder's responsibility to be thoroughly familiar with these specifications before submitting their bid. Any questions about these specifications must be submitted in waiting and must be received by the Purchasing Manager no later than five (5) business days prior to the bid closing date. NOTE: No changes to the specifications will be trade unless issued in writing in the form of an addendum. The Lubbock Fire Department intends to establish a contract for the purchase of structural fire fighting protective coats and trousers as well as replacement components (outer shells, thermal liner and moisture barrier assemblies, individual thermal liners and individual moisture barriers). The contract shall be for twenty-four (24) months, and the department shall have the option of renewing the contract for up to three (3) additional twelve (12) month periods under the same terms and conditions, with the exception that renewal terms will incorporate any price increase agreed upon by the City of Lubbock Purchasing Division and the Lubbock Fire Department. The maximum price increase that will be considered by the City at renewal shall be limited to that documented by the manufacture's published price list. The Department ESTIMATES that it will purchase between XX and XX sets of gear during each twelve (12) month period. Bidders must understand this is only an estimate. Garments will be purchased at the department's discretion on an "as needed" basis. The actual number of garments purchased may be less than or more than the estimated quantities. The Department ESTIMATES that it will purchase the same number of replacement thermal barrier and moisture barrier assemblies as the number of complete garments that are purchased on this contract. Bidders must understand this is only an estimate. Replacement thermal barrier and moisture barrier assemblies will be purchased at the Department's discretion on an "as needed" basis. The actual number of replacement thermal liner and moisture barrier assemblies purchased may be less than or more than the estimated quantities. The Department may choose to buy individual thermal liners or individual moisture barriers instead of complete thermal liner/moister barrier assemblies. In this case it will be the manufacture's responsibility to install the individual thermal liners or moisture barriers into the completed thermal liner/moisture barrier assembly; the Department will then install the completed assembly into the outer shell. The Department cannot give an estimate of the number of individual thermal liners or individual moisture barriers it will be purchasing. Individual thermal liners and/or individual moisture barriers will be purchased on an "as needed" basis. The Department may also choose to buy replacement outer shells. These replacement outer shells must be fully compatible with the outer shells that they are replacing. The Department cannot Live an estimate of the number of replacement outer shells it will be purchasing. Replacement outer shells will be purchased on an as needed basis. The delivery of garments for all orders other than "Rush" orders shall be required within 80 days of the receipt of the order. The Department shall reserve the right to order up to twenty (20) sets of gear during each contract period on an expedited (rush) basis. The delivery of garments for all "Rush" orders shall be required within 45 days of the receipt of the order. There shall be no additional charge or fee for a "Rush" order. The Lubbock Fire Department will fax each order to the bidder/manufacturer during normal business hours. The date on the fax confirmation printed by the Fire Department's fax machine shall serve as the documentation for determining compliance with the delivery requirements. The calendar day immediately following the date of the fax confirmation shall be the first day of the delivery period. All deliveries shall be made to the Lubbock Fire Department, Fire Administration Complex, 1515 East Ursuline, Lubbock, TX 79403. Bidders must understand that adherence to the delivery schedule is essential, and failure to comply with the delivery requirements will result in damage to the City of Lubbock. Therefore, the successful bidder will pay the City five percent (5%) of the invoice price of each item received after the specified delivery time, but within ten calendar days of the specified delivery time. For every calendar day over ten (10) that an item is late, the bidder will pay the City an additional one percent (1 %) of the invoice price. Such sum may be deducted from payments IT13#08.010-FO.doc 18 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing due or payments to become due to the bidder as liquidated damages. Such liquidated damage amounts are not to be considered a penalty, but shall be deemed taken and treated as reasonable liquidated damages. The bidder/manufacturer shall send a properly trained representative to measure personnel for each order, or provide training on the proper measuring method for selected members of the Support Services Division. In either case, the bidder/manufacturer shall be responsible for fit and shall alter garments as necessary to achieve a proper fit at no charge to the Lubbock Fire Department. The bidder/manufacturer shall be responsible for all transportation costs incurred. The bidder/manufacturer shall guarantee that the garments provided meet all of the requirements set forth in these specifications. Should it be found that the garments do not meet the requirements of these specifications and/or any alternatives accepted by the Lubbock Fire Department, the bidder/manufacturer shall be required to make any corrections at no charge to the Lubbock Fire Department. The bidder/manufacturer shall be responsible for all transportation costs incurred. The bidder/manufacturer shall provide a limited lifetime warranty against material and workmanship defects in its products when used by appropriately trained personnel following accepted procedures and when the products' warnings, use and care instructions have been properly followed. Any defects in material or workmanship shall be corrected/repaired by the manufacturer at no charge to the Lubbock Fire Department. The bidder/manufacturer shall be responsible for all transportation costs incurred. Documentation confirming the warranty being provided shall be furnished with the bid. The bidder/manufacturer shall provide training for one (1) to three (3) selected members of the Lubbock Fire Department on the proper care, maintenance and inspection of garments. This should include all necessary information about acceptable cleaning products and cleaning methods as well as comprehensive instructions on inspecting garments for signs of wear or damage. This training shall be provided by an employee of the garment manufacturer who is well qualified to provide such training. This training may be conducted at the manufacturer's facilities or at the Lubbock Fire Department's facilities. In either case, all expenses associated with providing this training (including travel, lodging, meals, etc.) shall be the sole responsibility of the bidder. NOTE: This training must be provided one time during the initial year of the contract. Any additional training will not be the responsibility of the bidder/manufacturer. The bidder/manufacturer shall have an in-house repair facility available to the Lubbock Fire Department for non -warranty related repairs on a fee per repair basis or have a written agreement with a cleaning and repair service that authorizes the cleaning and repair service to complete repairs on the manufacturer's garments. If repairs are to be handled by a cleaning and repair service, documentation confirming the manufacturer's agreement with the cleaning and repair service shall be furnished with the bid. NOTE: Any cleaning and repair service that is used must be acceptable to both the manufacturer and the Department. If, for any reason, the manufacturer or the Department objects to using a particular cleaning and repair service, a different cleaning and repair service must be utilized. The manufacturer shall supply a list of cleaning and repair services that are authorized to complete their repair work. The Lubbock Fire Department will not consider "minor" design, style, and construction alternatives to some of these specifications, however any proposed ALTERNATIVE shall be submitted in writing to the City of Lubbock, XXXXXXXX_XXXXXX, Lubbock, Texas, no later than Month, Day, Year at Time. The envelope containing the alternate must be identified with the bid number Bid Number and marked "ALTERNATE BID". Each alternative must be clearly identified and explained. Adequate documentation must be submitted to show that the proposed alternative provides an equivalent or enhanced level of performance to that specified. The Lubbock Fire Department will decide If an alternative is acceptable and shall be the sole judge of which garments and/or alternatives best meet the needs of the Department. The decision of the Lubbock Fire Department shall be final. If the proposed alternate is deemed acceptable, an addendum will be issued. If the alternate is rejected, a written letter of explanation will be sent to the vendor. The Lubbock Fire Department will issue responses by Day.Mouth, Day Year to the alternates submitted. ITB#08.010•FO.doc 19 ITB # 08.010-FO, Protective Bunker Gear -Annual Pricing The Lubbock Fire Department may, at their discretion, require the apparent successful bidder to submit a sample coat and sample trousers manufactured to these specifications within 14-21 working days of notification. The sample will be inspected for compliance with these specifications, compliance with NFPA standards, and quality of workmanship. The sample will be disassembled as necessary to facilitate the inspection. If the sample passes inspection, it shall be repaired as necessary by the bidder/manufacturer at no cost to the Lubbock Fire Department. The sample will then be accepted as the first item, or items, of the order. If the sample does not pass inspection, the Lubbock Fire Department reserves the right to return the sample to the manufacturer for corrections or to reject the sample, return it to the manufacturer, and contact the next apparent best bidder. NOTE: Should the apparent successful bidder be one with whom the Lubbock Fire Department has no recent experience, the bidder will be required to submit a sample coat and trousers manufactured to these specifications within 14-21 working days of notification for inspection. Failure to do so shall disqualify the bidder. The awarding of this contract will be based on a Best Value Basis. The Lubbock Fire Department will be the sole and final judge as to what is the best value for the department. The factors that will be taken into consideration when judging the best value include, but are not limited to, the following items that are listed in order of importance: 1. The design, features, and performance offered for the coat and pants; 2. The cost of each coat, pants and suspenders; 3. The cost of replacement thermal liner and moisture barrier assemblies; 4. The cost of replacement thermal liners and replacement moisture barriers; and, 5. The cost of the options called for in these specifications. ITB#08-010-FO.doc 20 ITB # OM10-FO, Protective Bunker Gear -Annual Pricing LUBBOCK FIRE DEPARTMENT SPECIFICATIONS FOR PROTECTIVE CLOTHING FOR STRUCTURAL FIRE FIGHTING GENERAL GARMENT REQUIREMENTS 1-1 The design, materials, workmanship, construction, and performance of these garments shall meet or exceed the requirements of the most current Edition of NFPA 1971, Standard on Protective Ensemble for Structural Fire Fighting. Should there be a conflict between the design criteria, performance requirements, materials, or construction methods in these specifications and the NFPA Standard, the more stringent requirement shall apply. 1-2 The protective garments shall be coats and trousers that have been designed and constructed to provide adequate coat/trouser overlap of all three layers (outer shell, moisture barrier, and thermal liner) to protect the wearer when bending, crawling, or stretching as required by the current edition of NFPA 1500, Standard on Fire Department Occupational Safety and Health Program. 1-3 Garments shall be third party tested, certified, and listed for compliance to the most current Edition of NFPA 1971 by SEI (Safety Equipment Institute) or UL (Underwriters Laboratories). Documentation from a third party testing/certification organization confirming that the garments bid are certified and listed shall be furnished with the bid. 1-4 Garments shall be of modular design so thermal liner/moisture barrier assemblies and outer shells of the same size are interchangeable, allowing a barrier assembly or outer shell to be replaced without replacing the entire garment. 1-5 Neoprene coated needle punch and/or other neoprene -coated materials are not permitted unless called for by these Wecifications. Exceptions: Neoprene -coated FR polyester/cotton binding tape may be used. Neoprene may be used to waterproof the radio pocket. Neoprene may also be used to supplement the waterproofing in the knee area. 1-6 Garment composites (consisting of outer shell, moisture barrier, and thermal liner) shall exhibit a Thermal Protective Performance (TPP) of not less than 38 when tested in accordance with the most current Edition of NFPA 1971. Additionally, there shall be a "thermally enhanced zone" that shall have a TPP rating exceeding 38. Documentation confirming the TPP rating of the garments and the "thermally enhanced zone" shall be provided by the third party testing/certification organization or the manufacturing mill and furnished with the bid. The "thermally enhanced zone" is defined in Coat Thermal Reinforced Yoke of these specifications. Garment composites (consisting of outer shell, moisture barrier, and thermal liner) shall exhibit a Thermal Heat Loss (THL) of not less than 205 when tested in accordance with the most current Edition of NFPA 1971. Documentation confirming the THL rating of the garments shall be provided by the third party testing/certification organization or the manufacturing mill and furnished with the bid. 1-7 Nomex thread of a size and type sufficient to meet or exceed the requirements of the most current edition NFPA 1971 shall be used in the construction of these garments. 1-8 All hook and loop material used in the construction of these garments shall be high quality, heavy duty and fire retardant. Garments shall be designed, and all hook and loop material installed, in such a manner that the hook and loop is completely covered when the garments are properly worn during fire fighting operations. 1-9 All stress points such as pockets, flaps, zippers, storm flap, tabs, and other areas requiring reinforcement shall be reinforced using bar tacks. Rivets shall not be acceptable as reinforcements. ' 1-10 All hardware attachments (hook and dees, snaps, rivets, etc.) shall be properly reinforced. ITB4E-010-Fo.doc 21 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing JANESViLLE® V-FORCETM or EQUAL PROTECTIVE CLOTHING SPECIFICATION NFPA 1971, 2007 EDITION SCOPE: The purpose of the clothing is to provide protection during structural fire fighting operations where there is a threat of fire or when certain physical hazards are likely to be encountered, such as during non -fire -related rescue operations, emergency medical operations, and victim extrication. COMPLet IANT EXCEPTION STANDARDS: All garments prod ced shall meor exceed the criteria set forth in the current edition of NFPA 1971 PROTECTIVE CLOTHING FOR STRUCTURAL FIRE FIGHTING, FED -OSHA CFR 1910, Subpart L, OHSA 29 CFR Part 1910.1030 and/or the requirements of CAL -OSHA title 8, Article 10.1, Para. 3406. All components and composites used in the construction of garments shall be third party tested, certified and listed for compliance to NFPA 1 71. The label of the third party tester shall denote certification. COMPLIANT EXCEPTION The manufacturer shall be registered to the ISO Standard 9001 to assure a satisfactory level of quality. . The manufacturer shall not sub -contract the sewing of any garment component unless the sub -contractor is also certified to the requirements of ISO 9001 and has been listed as a sub -contractor. 4COMPLIANT EXCEPTION COMPOSITE PERFORMANCE: The garment composite, consisting of the outer shell, moisture barrier and thermal liner, shall provide a Thermal Protective Performance (TPP) of not less than 38 when tested in accordance with NFPA 1971 standard. COMPLIANT EXCEPTION The garment composite, consisting of the outer shell, moisture barrier and thermal liner, shall provide a Total Heat Loss (THL) of not lessp= 205 when tested in accordance with NFPA 1971 standard. COMPLIANT EXCEPTION The Heat Transfer Index rating shall be 25 seconds for the shoulder when measured at 2 psi (pounds per square inch) and 25 seconds for the knee when measured at 8 psi. 4COMPLIANT EXCEPTION SEPARABLE OUTER SHELL MATERIAL: 7.5 oz/sq. yd 60% KEVLARG/20% NOMEX® III/20% Zylon® ripstop weave with water/stain repellent finish. Color shall be dark gold. ADVANCE ULTRATm �i COMPLIANT EXCEPTION SEPARABLE MOISTURE BARRIER MATERIAL: NOMEX substrate laminated to a lightweight breathable, CROSSTECHO (Type 2C), Teflon® membrane; weighing 5.0 oz./sq. yd. COMPLIANT EXCEPTION ITW8.010-FO.doc 22 Y r r ITB # 0"I0-Fo, Protedve Bunker Gear -Annual Pricing SEPARABLE THERMAL LINER MATERIAL: 3.5 oz./sq. yd. G1ideTM (NOMEX® filament/spun) face cloth quilted to one layer E-89TM spunlace aramid 850/oNOMEX®/15% KEVLAR® weighing approximately 2.3 ozlsq. yd. With a Teflon® finish. And one layer of apertured (11-13 apertures/sq. inch) E-89TM spunlace aramid 85% NOMEX6/l5% KEVLAR® weighing approximately 1.5 oz./sq. yd. With a Teflon® finish. (Total weight +/- 7.3 oz./sq. yd.) 0 ACOMPLIANT EXCEPTION STRESS POINTS: All outer shell stress points, including top and bottom pocket corners, pocket flap comers, top and bottom of storm flap/fly shall be reinforced using a 42 stitch minimum bar tack. 4—COMPLIANT EXCEPTION REFLECTIVE TRIM: All trim shall be sewn with four rows lockstitch 301, minimum six stitches/inch for most secure trim attachment. All trim shall be 3" Scotchlite m II (triple trim) of red/orange, for Chief Officers, or lime/yellow, for FF, EO, LT, and CPT Coat trim shall be applied as follows: Viz-a-V Pattern: One 3" strip shall be set full circumference at the bottom sweep of the outer shell; one 3" strip shall be set around each sleeve approximately 2" above the cuff; one 3" strip shall be set around each sleeve just above the elbow; one 3" strip shall be set full circumference at the chest; two 3" V shaped vertical strips shall be set at an angle from hem trim to back chest trim of the coat. Additional strip shall be set vertical down flap of fallen man harness. Pant trim shall be applied as follows: One strip set full circumference around the bottom of the cuff 2"/3" from the bottom cuff. COMPLIANT EXCEPTION SIZES: Coats shall be made available in even chest sizes with corresponding sleeve lengths available in short, regular, and long. Pant sizes shall be made available in even waist sizes with inseam lengths available in extra short, short, regular and long. Male and female sizing available. COMPLIANT EXCEPTION LABELING: Each garment shall have a garment label(s) permanently and conspicuously attached stating at least the following language, as well as detailed warning instructions provided by the manufacturer. Do Not Remove This Label THIS STRUCTURAL FIREFIGHTING PROTECTIVE GARMENT MEETS THE GARMENT REQUIREMENTS OF NFPA 1971, 2007 EDITION MADE IN THE U.S.A. 4COMPLIANT EXCEPTION TRACKING LABEL SYSTEM: There shall be a P1317417, two dimensional bar code label permanently affixed to each garment for tracking purposes. The bar code shall contain a minimum of the following information: a. unique serial number b. item description (brand, model, material color) C. lot information (date ofmfg., size, etc.) d. material description e. the standard to which the garment is compliant The bar code shall be able to withstand customary wash and wear cycles. The PDF417 bar code must incorporate a minimum of a 30% "error correction' capability. COMPLIANT EXCEPTION ITB#08-010-Fo.doc 23 Y ITB # 08-010-FO. Protective Bunker Gear -Annual Pricing USER INFORMATION GUIDE: Each garment shall include a User Information Guide with information required by NFPA 1971. This guide shall include: (a) Pre -use information: • Safety considerations. • Limitations of use. • Garment marking recommendations and restrictions. • A statement that most performance properties of the garment cannot be tested by the user in the field. • Warranty information. (b) Preparation for use: • Smng/adjustment. • Recommended storage practices (c) Inspection: • Inspection frequency and details. (d) Don/Doff. • Donning and doffing procedures. • Sizing and adjustment procedures. • Interface issues. (e) Use: • Proper use consistent with NFPA 1500, Standard on Fire Department, Occupational Safety and Health Program, and 29 CFR 1910, 132. (fl Maintenance and Cleaning: • Cleaning instructions and precautions with a statement advising users not to use garments that are not thoroughly cleaned and dried. • Inspection details. • Maintenance criteria and methods of repair where applicable. • Decontamination procedures for both chemical and biological contamination. (g) Retirement and disposal: • Retirement and disposal criteria and considerations. (h) Drag Rescue Device (DRD) • Use, inspection, maintenance, cleaning and retirement of the DRD. COMPLIANT EXCEPTION WARRANTY: Each garment shall have a limited lifetime warranty against defects in material and workmanship which should be registered using the internet address on the provided sticker with each garment. COMPLIANT EXCEPTION ITB#08-010-FO.doc 24 ITS # 0"10-FO, Protective Bunker Gear -Annual Pricing V-FORCETM COAT OR EQUAL COAT CONSTRUCTION: The coat is designed of a 3-panel construction in all layers of our innovative V-fit design for optimum comfort and mobility. When measured at the center of the back from the collar seam to the hem bottom, the coat shall measure - 32", or 35" long. (29" or 32" female) Sleeves shall be of raglan design. COMPLIANT EXCEPTION MOISTURE BARRIER/THERMAL LINER CONSTRUCTION: Design shall be compatible with the outer shell so that the liner does not buckle, pull, or otherwise restrict body motion. The left and right fronts of the moisture barrier/thermal liner shall be attached to the facings at the front closure of the outer shell. The neck of the moisture barrier/thermal liner shall be secured to the neck of the outer shell collar such that when donning the coat an arm may not be accidentally caught between the outer shell and its inner linings alongthe neck between the armholes. Liner shall have a 4" wide, CROSSTECHO/NOMEX® pajama check extension sewn the full length of the neck with FR loop 3/4" wide sewn along entire edge and on both sides at the end. There will also be a 4" wide, piece of Black NOMEX(with a 2" piece of self material extension sewn the full length of the neck with FR hook 3/4" wide sewn along the entire edge of the Black NOMEX® Five female snaps will be spaced along the edge of the self material for attachment to the outer collar. COMPLIANT EXCEPTION The liner shall have one (1) 8.5" x 8.5" internal pocket which shall be made of black outer shell material. The liner pocket shall be located on the left side of coat liner. Quilt Thermal Liner Construction: The CROSSTECHO/NOMEX® pajama check moisture barrier shall be com late separable from the thermal liner at its perimeter by means of hook and loop and snaps. This allows for total inspection of the moisture barrier and the replacement of only one component as needed without the expense of having to replace the entire liner system. All moisture barrier seams shall be sealed as required by NFPA 1971. The moisture barrier/thermal liner shall finish no more than 1" from the cuffs and 2" from the hem. COMPLIANT EXCEPTION MOISTURE BARRIEWrHERMAL LINER ATTACHMENT: Completely Removable: The moisture barrier/thermal liner shall be completely detachable from the outer shell for ease of cleaning by the use of hook and loop, zippers, and snaps. There shall be a brass zipper and two snaps down each front facing, hook and loop shall also be located around the entire neck opening. In addition, there will be a snap for alignment along the bottom of the liner, and one snap and hook and loop at each sleeve end. COMPLIANT EXCEPTION COLLAR: The collar shall be of three piece contoured 4-layer configuration such that when the collar is raised it shall remain standing while providing continuous thermal and moisture protection around the neck and face. To ensure this protection, the two layers of outer shell collar shall be fully lined with one layer of Gore RT7100Tm PTFE moisture barrier material and two layers of 1.5 oz. apertured E-89Tm thermal liner. The collar shall provide proper interface with liner to insure no moisture penetration through the collar seam to inside of coat. The collar shall be contoured and shall completely cover the neck and throat area when in the raised position. Raised height shall be approximately three inches with a contoured overlap at the front of the coat. Collar closure shall be provided by FR hook and loop 1.5" x 4", with hook portion sewn on right side of collar, and loop portion sewn on left, set horizontal. Collar shall be of such design so as not to interfere with SCBA facemasks, nor helmet. Collar shall close from right to left. 78#08-010-FO.doc 25 A ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing When examined prior to donning, the turned -up collar shall completely wrap around the front of the neck opening such that left and right collars touch or overlap to maximize facial protection. The three piece contoured 4-layer collar shall be sewn with a pleat on the innermost layer. Pleat shall have 3/4" FR hook sewn on the underside to engage the moisture barrier extension on the liner. COMPLIANT EXCEPTION THROAT STRAP: The throat strap shall be of 4-layer configuration providing continuous thermal and moisture protection around the neck and face. The throat strap shall be mounted to the outer shell collar to ensure that when the coat is closed and the collar is raised, the throat strap shall prevent any opening between the left and right collar. To ensure this protection, the inside of the throat strap shall be fully lined with one layer of Gore RT7100TM PTFE moisture barrier material and two layers of 1.5oz apertured E-89TM thermal liner. The outer most layer of the throat strap shall be outer shell material. The innermost layer facing the wearer's body shall be outer shell fabric. The throat strap shall be mounted to the outer shell collar 3.5" back from the collar facing and shall be not less than 11" long and 4" wide, contour shaped to be compatible with the SCBA facemask and secured in the stowed position with 2"x 2" FR loop on the right outside of the collar. 2" x 2" FR hook shall be sewn to the end of the throat strap and 2"x 3" corresponding FR loop shall be sewn to the outer shell material on the left side of the collar to provide maximum adjustment when wearing an SCBA breathing apparatus mask. The throat strap will close from the right to the left. COMPLIANT EXCEPTION DRAG RESCUE DEVICE (DRD): The Fire Fighter Recovery HarnessTM shall be constructed of a one and one-half inch wide KEVLARO strap that shall be installed between the outer shell and the thermal liner. This harness shall have a hand loop (16" in circumference) that exits the outer shell through a 2" polymer coated aramid reinforced slot on the back of the coat just below the collar and is held in place by means of a piece of 1.5" x 2" hook on the strap and a piece of 1" x 2" loop attached to the outer shell. This strap is then secured under a 2.25" x 5,25" flap that is sewn in at the neck /collar area. Two pieces 1" x 2" loop shall be set vertically on shell to align with two pieces of 1" x 2" hook set vertically to the underside of the flap. The harness is also held in proper alignment by means of a 2" x 2" piece of loop placed on the inside of the outer shell just above the chest trim that corresponds to a piece of 1.5"x 2" hook located on the harness. Two 1" x 3.5" self -fabric straps with 1" x 2" hook on one end and 1" x 2" loop on other end shall be set to coat in the shoulder cap area to keep straps in proper position for use. PURPOSE OF THE HARNESS Fire Fighter Recovery Harness (Harness) provides mechanical leverage for dragging a downed and incapacitated structural firefighter from a life -threatening environment. The design of the Harness enables the rescuer to drag the downed firefighter in line with the axis of the firefighter's skeletal frame, in order to decrease the risk of further injury. This product is only for structural firefighting operations. COMPLIANT EXCEPTION HANGER LOOP: An external hanger loop constructed of a double layer of outer shell material and reinforced with two 42- stitch bartacks shall be provided on the outside of the coat at the collar seam. It shall be designed to provide long service and shall not tear or separate from the coat when the coat is hung by the hanger loop, loaded evenly with a weight of 80 lbs. and allowed to hang for one minute. COMPLIANT EXCEPTION THERMAL REINFORCED YOKE: A layer of Semper Dri (3.0 oz./sq. yd. Teflon® treated Chambray (NOMEX® spun) face cloth quilted to one layer E-89TM spunlace aramid 850/oNOMEX®/15% KEVLARO weighing approximately 2.3 oz./sq. yd. with a Teflon® finish and one layer of apertured (11-13 apertures/sq. inch) E-89TM spunlace aramid 85% NOMEX®/15% KEVLAR® weighing approximately 1.5 oz./sq. yd. with a Teflon(& finish (total weight +/- 6.8 oz./sq. yd.)) shall be positioned between the moisture barrier and thermal liner for extra thermal protection in a high heat and compression area of the coat. It shall be sewn to the inside of the upper back portion and raglan sleeve of the thermal liner across the upper back and shoulder for approximately 7". COMPLIANT EXCEPTION 1TM8-010-FO.doc 26 ITB # OM10-F0, Protective Bunker Gear -Annual Pricing SHOULDER CAPS: A 4" wide area at the top of the shoulders extending 6" from the collar seam shall be capped with outer shell material for abrasion resistance and thermal protection. COMPLIANT EXCEPTION V-FITrm ELBOW: The sleeve shall have an insert throughout all layers that shall provide a natural bend in the sleeve. This elbow shall include cut outs, shaped pieces, and darts to create free movement with few restrictions. The insert shall consist ofpolymer coated aramid, gold in color, for abrasion resistance and thermal protection COMPLIANT EXCEPTION SLEEVE WELL/WRISTLET MOUNTING: A combination Semper DriTM (3.0 oz./sq. yd. Teflon® treated Chambray (NOMEX® spun) face cloth quilted to one layer E-89Tu spunlace aramid 851/oNOMEX®/15% KEVLAR® weighing approximately 2.3 oz./sq. yd. with a Teflon® finish and one layer of apertured (11-13 apertures/sq. inch) E-89TM spunlace aramid 85% NOMEX0/l5% KEVLAR® weighing approximately 1.5 oz./sq. yd. with a Teflon® finish. (Total weight +/- 6.8 oz./sq. yd.)). One layer of breathable CROSSTECHO (Type 2C) moisture barrier leader shall be sewn no more than 1 " back from the combination liner sleeve end to form a sleeve well. One male snap and one .75"wide strip of FR loop shall be sewn full circumference to the end of the thermal liner/CROSSTECH® (Type 2C) moisture barrier leader to help secure the combination liner to the outer shell. This sleeve well shall prevent water and hazardous materials from entering the sleeve when arms are in a raised position. The combination liner sleeve ends shall be inserted into the outer shell sleeve ends by means of lining up the male snap then attaching the FR loop fastener of the combination liner sleeve end with the female snap and FR hook fastener of the outer shell cuff. This method of combination liner attachment shall prevent any gaps from occurring between the combination liner and sleeve well during a full range of motion. The combination liner shall extend to within I" of the sleeve end. 4— COMPLIANT EXCEPTION WRISTLETS: An internal wristlet shall consist of a 2-ply KEVLAR® / NOMEX® / Spandex® construction knitted not less than 8" extending completely over the palm with a thumbhole preventing the wristlet from sliding back. Wristlets shall be double stitched and bound to the moisture barrier/thermal liner providing extended thermal and slash protection. COMPLIANT EXCEPTION CUFFS: The extended cuff of the sleeve shall be reinforced with a binding of outer shell material not less than 3" in total width for abrasion resistance and thermal protection. One leather tab with female snap fastener shall be set in the cuff to attach outer shell to liner. COMPLIANT EXCEPTION THERMAL FRONT PANEL CONSTRUCTION: There shall be continuous thermal and moisture protection around the entire torso including the storm flap. To ensure this protection, as well as reduce potential for wicking moisture to inside of liner, both right and left inside front facings of the coat outer shell shall incorporate outer shell fabric extending from collar to hem. COMPLIANT EXCEPTION COAT FRONT CLOSURE DESIGN: The complete outer shell coat front closure design shall consist of a FRONT CLOSURE SYSTEM completely protected by an OUTSIDE STORM FLAP which shall have its own, independent STORM FLAP CLOSURE SYSTEM. COMPLIANT EXCEPTION ITB#08.010•FO.dac 27 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing STORM FLAP: A storm flap measuring not less than 2.5" wide, nor less than 22" in length shall be set on the outside of the right side of the coat opening for maximum thermal protection and clear drainage. The inner lining of the storm flap shall be Gore RT7100TM PTFE moisture barrier meeting all requirements for moisture barriers sandwiched between two layers of outer shell fabric. COMPLIANT EXCEPTION FRONT/STORM FLAP CLOSURES: The front closure shall consist of a #9 brass zipper with a 1 3/4" polymer coated aramid tab added to left bottom for fast closure and exit. The storm flap closure shall consist of 1" wide FR hook and loop attachment with FR hook fastener sewn on the left front of the coat, and corresponding FR loop fastener sewn on the inner side of the outer storm flap. The hook and loop closure shall extend the frill length of the outer storm flap eliminating all exposed frontal hardware. -X-COMPLIANT EXCEPTION FLASHLIGHT ATTACHMENT: There shall be (1) 5N3"1-laver self -fabric patch attached to coat on the RIGHT chest at the same height as the radio pocket. A utility snap hook shall be attached to a 5"x3" 1-layer self -fabric patch. Utility snan shall be securely riveted with (3) leather reinforced rivets. A 1" x 2.5" triple layer self fabric strawshall be bartacked on each end and to be centered between the utility snap and the flashlight tie two straR. FLASHLIGHT STRAP: lx10" 2 layers self fabric flashlight strap X-stitched to shell with I piece lx3" hook & I female logo on one end, 1 piece lx3" loop & 1 male snap on opposite end. Shall be located on right chest 4" down from the bottom of the MF003 utility snap hook COMPLIANT EXCEPTION RADIO POCKET: One 4" wide x 8" deep full bellows radio pocket that expands by means of side and front gussets to a thickness of 2" in front and back shall be located on LEFT chest.. Pocket and flap shall be set with stitch 301, seam Ssb-2 with the top and bottom pocket corners and top corners of flap reinforced with a minimum 42-stitch bar tack. A brass eyelet shall provide drainage of moisture. Pocket flaps shall be 4.5"x 5". Pocket shall be fully lined all 3 sides inside pocket with polycotton lining. Pocket flap shall close to the pocket top using I piece of 1 "x 2" loop on pocket horizontally and 1 piece of I "x 2" hook on flap vertically. MIC TAB: There shall be a I" X 3" triple layer self -fabric mic tab attached with bar tacks on each side. Bar tacks shall be a minimum 42-stitch bar tack shall be located on the left chest above radio pocket COMPLIANT EXCEPTION IDENTIFICATION PATCHE: There shall be (1) 1" x 5" self fabric letter patch with Velcro attachment located on the radio pocket flap. Using black thread fire fighter's name shall be spelled using 1" initial last name in''/z" block letters. COMPLIANT EXCEPTION _V ITB#08-010-FO.doc 28 ITB # 08-010-FO. Protective Bunker Gear -Annual Pricing EMBLEMS: There shall be a 2.5"x 4.25" American Flag patch, with stars in the upper left corner, sewn to the coat RIGHT sleeve. There shall be a 2.5" x 4.25" Texas State Flag emblem sewn to the coat LEFT sleeve. COMPLIANT EXCEPTION NAME LETTERING PATCHES: There shall be (1) 5"xl5" contoured I -layer self -fabric one -line Letter Patch attached to hang from back hem. There shall be (1) male snap at each top corner of hanging letter patch (total of 2 male snaps) and (2) female non -logo snaps on the inside of the shell to align with the male snaps. Hook & loop shall also be used to attach patch to coat. There shall be 2" time yellow sew -on Scotchlite letters, sewn on the patch spelling the fire fighter's name using I't initial and last name for all fire fighters, equipment operators, lieutenants, and captains. There shall be 2" red orange sew -on Scotchlite letters, sewn on the patch spelling the fire fighters name using I' initial and last name for all chiefs. 4—COMPLIANT EXCEPTION TURN -OUT POCKETS: Two 9" x 9" Semi -bellow and handwarmer pocket combination that expands by means of side and bottom gussets to a thickness of 2" in back only and 0" in front. The pocket shall be set at the bottom of the coat hem and reflective trim shall be set on each pocket. There shall be a 6" opening on the rear side of the bellow of the pocket Pocket shall be lined inside with Semper Dri"4 thermal liner material and have a KEVLAR® twill backer. Pocket and flap shall be set with stitch 301, seam Ssb-2 with each corner of pocket opening and top corners of flap reinforced with bar tacks for additional strength. Drainage of moisture to be provided by brass eyelets. Each pocket flap shall measure 10" wide by 3" high in front and 5" high in rear. Each flap shall incorporate a V by 2" polymer coated aramid pull tab for easy opening. The corner under this tab shall be reinforced with two layers of Lite-N- DriTM for stability. A hook and loop closure system shall be set with two pieces of 1.5" x 3" loop fastener set horizontally on the outside edge of the pocket opening with corresponding 1.5" x 3" hook fastener set vertically on the underside of the flap. _)(—COMPLIANT EXCEPTION IT13#08.010-FO.doc 29 rrB # OM10-FO, Protective Bunker Gear -Annual Pricing V-FORCETM HIGH -BACK PANT OR EQUAL PANT CONSTRUCTION: The pant shall have a low rise waist V-FitTM design with five inch high back panel with hook and loop for support panel of Lion V-Back suspenders (required with these pants). COMPLIANT EXCEPTION EXTENDED BACK PANEL: A back panel shall be constructed of two layers of outer shell material, one middle layer of moisture barrier material and one layer of thermal liner material. One piece self fabric flap 9" wide x 5" high with 9" x 5" hook to attach suspenders. This panel shall be stitched to the perimeter of the outer shell and shall measure 10" across the top, 19" across the bottom (being graded for waist size), and extend 5" above the pant waist with 9" x 5" loop. See V-BackTM suspender specification. ). 4—COMPLIANT EXCEPTION SEPARABLE MOISTURE BARRIER/THERMAL LINER CONSTRUCTION: Design shall be compatible with the outer shell so that the liner does not buckle, pull, or otherwise restrict body motion. To deter the wicking of moisture up the thermal liner leg the bottom nine inches of each thermal leg shall be constructed of Semper Dri (3.0 oz./sq. yd. Teflon® treated Chambray (NOMEX® spun) face cloth quilted to one layer E-89TM spunlace aramid 851'/oNOMEXV/15% KEVLAR® weighing approximately 2.3 oz./sq. yd. with a Teflon® finish and one layer of apertured (11-13 apertures/sq. inch) E-89TM spunlace aramid 85% NOMEX®/15% KEVLAR® weighing approximately 1.5 oz./sq. yd. with a Teflon(& finish. (Total weight +/- 6.8 oz./sq. yd.)). The waist of the moisture barrier/thermal liner shall be secured to the waist of the outer shell such that when donning the pant a leg may not be accidentally caught between the outer shell and its inner linings along the waist and between the legs of the pant. For added thennal protection to the knee, an additional layer of 1/8" thick, fire retardant closed - cell foam shall be positioned between the moisture barrier and thermal liner at the knee. Quilt Thermal Liner Construction: The CROSSTECH&NOMEX® pajama check moisture barrier shall be completely separable from the thermal liner at its perimeter by means of hook and loop. In addition there shall be snaps along the waist and bottom leg opening for alignment. This allows for total inspection of the moisture barrier and the replacement of only one component as needed without the expense of having to replace the entire liner system All moisture barrier seams shall be sealed as required by NFPA 1971. The moisture barrier/thermal liner shall finish no more than 3" from the cuffs. COMPLIANT EXCEPTION MOISTURE BARRIER/THERMAL LINER ATTACHMENT: Completely Removable: The moisture barrier/thermal liner shall be completely detachable from the outer shell for ease of cleaning by using snaps and hook and loop. Eight evenly spaced snaps shall secure the liner to the integral waistband; two snaps shall be set in leather leg tabs at each leg end and hook and loop on each side of fly facing. ____COMPLIANT EXCEPTION STORM FLY/CLOSURE: The outer shell shall have a sewn on overlapping fly front running the full length of the fly on the left side. The flap shall not be less than 2.5" wide at the waistband. The bottom of the fly shall be reinforced with a 42 stitch bartack. The storm fly shall be held closed along its length by means of a hook and loop fastener closure 1.5" minimum width, along the leading edge for a distance of not less than 6" from the bottom of the fly closure to the waist area for proper alignment and secure closure. Additionally, (1) snap shall be positioned at the inside top of the fly. Pant closure shall be provided,by #9 brass zipper. The storm fly shall be outer shell material, lined with a 4." strip of CROSSTECH® (Type 2C) moisture barrier material and Semper Dri TMto prevent wicking. ITWS-010-Fo.doc 30 r N.� ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing TAKE UP STRAP: There shall be a hook and dee ring shall be used for a quick one -motion closure. The hook shall be 2.5" in length, made of a zinc non-ferrous metal alloy and weigh 1.2 oz. +5%. It shall be securely fastened to the pant by means of a 5/8" wide, treated leather take-up strap looped through the rear of the buckle and triple riveted to the pant shell. The dee shall be made of a non-ferrous metal alloy 2" long x 1 1/16" wide and riveted to the fly flap with two rivets. COMPLIANT EXCEPTION THERMAL FLY ASSEMBLY: A 3/4" wide x 9" long loop fastener shall be sewn to the moisture barrier/thermal liner to engage corresponding hook fastener on the underside of the outside stone fly and facing. COMPLIANT EXCEPTION WAISTBAND: The waist of the pants shall be reinforced on the inside with 1- ply of outer shell material not less than 1.5" in width. The pant waist shall be contour shaped for better comfort and hemmed to provide strength with the independent waistband, which shall then be double stitched to the outer shell. Two-2" wide self -material suspender tabs with snaps shall be attached to waist front for suspender attachment. 4—COMPLIANT EXCEPTION EXTERNAL TAKE-UPS: Two waist straps shall be sewn and bar tacked V down from the top of the waistband. One strap shall be installed on the right side and one on the left side and constructed of one piece of shell material folded to two layers and sewn to form a 1/2" wide strap. The back strap shall be a minimum of 8'/a" in length and shall be affixed to the pant by means of two barracks approximately 1/2" apart. The front take-up strap shall have a 5/8" nickel plated postman style slide buckle which shall be threaded through the six inch in length strap folded to form two layers and affixed by means of two bartacks 1/2" apart. The strap is sewn to form an attachment strap approximately three inches in length designed for quick take-up adjustment. __(_COMPLIANT EXCEPTION V-FIT m KNEE: The knee shall have an insert throughout all layers that shall provide a natural bend in the leg. This knee shall include cut outs, shaped pieces, and darts to create free movement with few restrictions. The insert shall consist of gold polymer coated aramid for abrasion resistance and thermal protection. For added thermal protection, an additional layer of 1/8" thick, fire retardant closed -cell foam shall be positioned between the moisture barrier and thermal liner. In addition to reinforcement, knees shall be padded using 1 /8" thick, fire retardant closed -cell foam This reinforcement material shall be oriented between the outer shell and knee insert reinforcement.. COMPLIANT EXCEPTION CUFFS: The cuff area of the pant shall be reinforced with a binding of polymer coated KEVLAR® (Gold) not less than 2" in total width for greater strength, abrasion resistance, and thermal protection. COMPLIANT EXCEPTION BOOT CUT CUFF: The back portion of the cuff will gradually curve upward from each side seam to a maximum of 2" at the center back of the pant leg to prevent wear on the back of the cuff COMPLIANT EXCEPTION LEG TABS: 2 Leather leg tabs 3/4" wide x 1 3/4" long with female snaps. Bartacked 2" up from bottom edge on inside. (1 on inseam I on outseam) COMPLIANT EXCEPTION RECORDS ID POCKET: There shall be (1) 3.5x5.5"black outer shell liner pocket with flap, 2 pieces lxl" loop on pocket corners and 2 pieces 1 x 1 hook on flap corners sewn to the inside of of the thermal liner on the right side. /` COMPLIANT EXCEPTION IT13#08.010-FO.doc 31 ITB # 08 010-F0, Protective Bunker Gear -Annual Pricing TURN OUT POCKETS: Right thigh tool pocket. One 9" wide x 10" high, deep outside full bellows pockets that expand by means of side and bottom gussets to a thickness of 2" in front and back - Pockets shall be fully lined with KEVLAR® twill on all 4 sides inside of pocket, (2) layers self -fabric on shell inside pocket. First layer 6.5" high, second layer 4.5" high. Both layers stitched in 3" increments to create (6) tool compartments. Pocket and flap shall be set with stitch 301, seam Ssb-2 with the top and bottom pocket corners and top corners of flap reinforced with bar tacks for additional strength. Drainage of moisture to be provided by brass eyelets. Pocket flaps shall be 5" x 10". A hook and loop fastener closure system shall be set with 2" x 9" loop fastener horizontally on the pocket and (3) pieces of 1.5" x 3" hook fastener vertically on the underside of the flap. Left thigh split bellow. One 10" wide x 10" deep outside full bellows pockets that expand by means of side and bottom gussets to a thickness of 2" in front and back. Pocket shall be split 6" front and 4" back inside pocket with a KEVLAR® twill divider. Pockets shall be fully lined all 3 sides inside pocket with Kevlar® twill. Pockets and flaps shall be set with stitch 301, seam Ssb- 2 with the top and bottom pocket comers and top corners of flap reinforced with bar tacks for additional strength. Drainage of moisture to be provided by brass eyelets. Pocket flaps shall be 11 "x 5. A hook and loop fastener closure system shall be set with 1.5" x 10" loop fastener horizontally on the pocket and (2) pieces of 1.5" x 2.7 " hook fastener set vertically on the underside of the flap. COMPLIANT EXCEPTION ITB#08-010-FO.doc 32 -fir - #,r ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing MASTER SPECIFICATIONS V-BACKrm QUICK ADJUST H-BACK SUSPENDERS WITH SNAP TAB ATTACHMENTS MODEL NO SR840-00(SR836-00, SR845-00) SCOPE A highly engineered 40" red suspender designed for greater range of mobility and reduced stress allowing for three points of attachment to V-ForceTm Highback pants with hook and loop in back and snap attachment in front. DESIGN Two 12" front pull straps shall be constructed as follows: 2" wide elastic polyester webbing shall be fed through 2" metal loops and secured with a two -needle lock -stitch at one end. A black military finish steel double dee ring shall be fed through the webbing. The other end of the webbing shall be fed through a 2" wide thermo-plastic dee ring and secured with a two - needle lock -stitch. The dee ring shall function as a pull strap for easily adjusting the suspenders for proper fit. Two 1" shoulder straps shall be constructed as follows: 2" wide elastic polyester webbing shall be fed through the top half of the steel double dee ring and secured with a two -needle lock -stitch. The top of each strap shall be secured to the V- shaped shoulder pad with two -needle lock -stitch and one 42-stitch bartack. Two 6" back straps made of 2" wide elastic webbing shall be joined with box and x-stitch at the bottom of each V-shaped shoulder pad. The end of each back strap shall be single -needle lock -stitch to a 8" wide by 4" high hook and loop panel for securing to V-Force back panel. V-SHAPED SHOULDER PADS Shoulder pads shall be constructed of two layers of 1/8" thick, fire retardant closed -cell foam encapsulated in 7.5 oz. Black NOMEX& Each shoulder pad shall be 3" wide and 15" long ending in a 5" high back reinforcement pad. Each shoulder pad shall have an embroidered Lion Head Logo. LIFETIME WARRANTY All products shall be warranted against defects in materials and workmanship for the useful life of the product. —A—COMPLIANT EXCEPTION 8 — BIDDER QUESTIONNAIRE 8-1 The bidder questionnaire that accompanies these specifications must be completed in full and returned with your bid for your bid to be considered. 8-2 Bidders are encouraged to bid an optional (defined as Option 1 on the bid form) thermal liner material. This Option 1 material is to be constructed of Glide II, with an approximate finish weight of 7.0 oz. per sq. yd. It will have two (2) layers of E-89 substrate with an approximate weight of 1.5 oz. per sq. yd., and 1.5 oz. per sq. yd. each. The substrates will be quilted to a slick Nomex twill facecloth constructed from filament and spun yarns. ITBN08-010-FO.doc 33 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing BIDDER QUESTIONNAIRE Protective clothing dealer: DACO FIRE EQUIPMENT, INC. Dealer's telephone number and contact person: G A R R E T T D O B M E I E R 8 0 6— 7 6 3- 0 8 0 8 Protective clothing manufacturer: LION APPAREL Manufacturer's telephone number and contact person: 8 0 0— 5 4 8— 6 6 14 JERRY LORAN, REGIONAL SALES MANAGER 360-829-1476 Protective clothing model bid: JANESVILLE V-FORCE COAT AND HIGHBACK PANT Name of third party testing/certification organization: UNDERWRITERS LABORATORIES INC (Documentation from the third party testing/certification organization confirming that the garments bid are certified and listed must be attached to this questionnaire.) Describe the warranty claim process: CONTACT DACO FIRE EQUIPMENT WITH PROBLEM, SUPPLYING THE RE 4, XAC NAME, ADDRESS TO PICK GEAR UP AT. DACO )ITAINS A RA NUMBER AND ARRANGES FOR LION APPAREL TO PICK GEAR UP. GEAR IS SENT TO TOTAL CARE FACILITY FOR REPA What is the "typical" length of time in calendar days for a warranty repair? 1 0 — 1 4 DAYS (From when the garment is received at the repair facility until it is returned to Lubbock.) Does the manufacturer have an in-house repair facility available to the Lubbock Fire Department for non -warranty related repairs? Yes X No Describe the non -warranty repair process: CONTACT DACO FIRE EQUIPMENT What is the "typical" length of time in calendar days for anon -warranty repair? 1 0 — 1 4 DAYS (From when the garment is received at the repair facility until it is returned to Lubbock.) OUTER SHELL MATERIAL The outer shell material is manufactured byS 0 U T H E RN MILLS ; it is marketed as " A n y A N C F 11 T. T R A"—. The fabric weight is 7 • 5 oz. per sq. yd., and the water/stain treatment utilized is SUPER SHELLTITE ENSEMBLE WITH THE STANDARD THERMAL LINER ITB#08-010-FO.doc 34 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing Weight of coat bid: TO BE DETERMINED Weight of trousers bid: -TO BE DETERMINED TPP of the body of the coat bid: 41 . 7 TPP of trousers bid: 4 1 . 7 (Documentation from the third party testing/certification organization or mill, confirming the TPP rating must be attached to this questionnaire.) THL of coat bid: 2 6 8 . 21 THL of trousers bid: 2 6 8. 2 1 Note: THL values for coat and pants are requested (if available) for information purposes only. This data is not required to satisfy the requirements of these specifications. However, THL values must meet minimum requirements of the most current Edition of NFPA 1971. TPP of coat in the area as defined in Coat Thermal Yoke Reinforcement: G R F A T F. R T H A N G 1 . 7 (Documentation from the third party testing/certification organization or mill, confirming the TPP rating, must be attached to this questionnaire.) Does the manufacturer have a written agreement with cleaning and repair service authorizing them to complete repairs on the manufacturer's garments? Yes X No (If yes, documentation confirming the manufacturer agreement with the cleaning and repair service must be attached to this questionnaire.) Please list all cleaning and repair services that the manufacturer has a written agreement with. List of Repair/Cleaning Services authorized to conduct repairs for the manufacturer: 1. Name ofService: LION TOTAL CARE - DALLAS CENTER Address: 2025 IRVING BLVD. , SUITE 204 City: DALLAS , State: TX Zip/Postal Code: 75207 Phone Number: 8 6 6- 7 4 2- 6 15 6 2. NameofService: LION TOTAL CARE - HOUSTON CENTER Address: 8484 GULF FREEWAY City: HOUSTON State: T X Zip/Postal Code: 7 7 0 17 Phone Number: 8 0 0- 2 5 3- 2 6 9 0 3. NameofService: LION TOTAL CARE - HOUSTON CENTER Address: 6000 BERRY BROOK City: H O U S T O N , State: T X Zip/Postal Code: 7 7 0 1 7 Phone Number: 8 0 0— '3 9 1— 8 0 0 3 4. Name of Service: Address: City: , State: Zip/Postal Code: Phone Number: Questionnaire Completed and Submitted by: (Name of company) (Print Name and Title) (Signature) ITBN08-010-FO.doc 35 Resolution No. 2008—R0013 ITB # 08-010-FO, Protectye Bunker Gear -Annual Pricing THIS BID FORM MUST BE THE LAST PAGE OF YOUR ORIGINAL BID AND COPY! BID FORM CITY OF LUBBOCK, BID #XXXXXXX PROTECTIVE CLOTHING FOR STRUCTURAL FIRE FIGHTING Note: All prices quoted must be freight on board (F.O.B.); no additional shipping charges will be paid. DESCRIPTION PRICE WITH OPTION Protective Coat (Each) $ 1, 069.00 $ Protective Trousers (Each) $ 688.00 $ Total (Per Set) Replacement Thermal Barrier/Moisture Barrier Assembly Coat (Each) Installed by Lubbock Fire Department Pants (Each) Installed by Lubbock Fire Department Replacement Thermal Barrier Coat (Each) Installed by Lubbock Fire Department Pants (Each) Installed by Lubbock Fire Department Replacement Moisture Barrier Coat (Each) Installed by Lubbock Fire Department Pants (Each) Installed by Lubbock Fire Department $ 1,757.00 $ $ 405.00 $ $ 309.00 $ 141.00 $ 113.00 $ 969-Oa— $ 19.5 00 The undersigned hereby certifies that he/she understands the specifications has read the document in its entirety, and that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any or all products/services upon which prices are extended at the price offered and upon conditions contained in the specifications of the Invitation to Bid. Bidder further declares and affirms that no person or officer in this Sole Proprietorship, Partnership, Corporation or Board has or will have during the term of this contract a Prohibited Interest as defined in the City Charter Section XXXXX and the City's Code of Conduct. Bidder further understands and acknowledges that the existence of a Prohibited Interest at any time during the term of this contract will render the contract null and void. ITWS-010-Fo.doc 36 ITB # 08-010-F0, Protective Bunker Gear -Annual Pricing The following information must be filled out in its entirety for your bid to be considered: COMPANYNAME: DACO FIRE EQUIPMENT, INC. ADDRESS OF PRINCIPAL PLACE OF BUSINESS: 2 0 1 AVE. R LUBBOCK, TX 79415 PHONE/FAX OF PRINCIPAL PLACE OF BUSINESS: 8 0 6- 7 6 3- 0 8 0 8 / 8 0 6- 7 6 3- Q 1 5 1 ADDRESS, PHONE/FAX NUMBER OF MAJORITY OWNER PRINCIPAL PLACE OF BUSINESS: SAME ATIVE: GARRETT DOBMEIER, SALES (Please Print Name/Title) 12-11-07 (Signature) (Date) Acknowledgement of Addenda: 1 2 3 45 rrB#08.010•FO.doc 37 Y CITY OF LUBBOCK ♦ � O p � r► PURCHASE ORDER TCQACO FIRE SAFETY EQUIPMENT PO BOX 5006 LUBBOCK TX 79408 5006 Page - 1 Date - 2111108 Order No. - 325110 000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR 1515 EAST URSULINE LUBBOCK TX 79401 INVOICE TO: C1TY OF WBBOM ACCOUNTS PAYABLE P.O. BOX 2000 WBBOCV, TX 7%57 BY. Ordered 02/07/08 Freight - FOB Destination Frt Prepaid Requested 02/07/08 Taken By - ROBIN HOLDER Delivery PER R SALAZAR REQ# 29704 ITB08-010-FO Annual Pricing -------------------------------------------------------------------------- Description / Supplier Ite Ordered UM Unit Cost UM Extension Req. Dt Bunker Coats 14.000 EA 1,069.0000 EA 14,966.00 03/07/08 Bunker Pants Suspenders 14.000 EA 688.0000 EA 9,632.00 03/07/08 14.000 EA 42.0000 EA 588.00 03/07/08 This purchase order encumbers funds in the amount of $25,186.00, for a bid awarded to DACO Fire Safety Equipment, of Lubbock, TX on January 10, 2008 in accordance with Resolution No. 2008-R0013. The following are incorporated into and made part of this purchase order by letter of ratification of Resolution No. 2008-R0013.. CITY OF LUBBOC6,ATTEST: David A. Miller, ayor +Ree- a Garza, City Secret Total Order ------------------------------------------------ -- Terms NET 30 25,186.00 5 C5 8 K R oil • q, � g g 3 q = 8 rnq��, .8 � - 8 8• � � � �� �• mill l g e.�•� y, �' .S q a_ g r q �,� q � .�� �,�� � � R �" A' � R� �t � 3 it I lit ark r 8 „� .� E+ b S It y fibs �R q 511:1 n str. ' �p o 2.g 88 q el R,q-- 16 lit n! s q cfO 70 it1 Ile y r �O Z g it g .a el ,�' q � 3' g� s s g st q st p, P t, s. jS� �A $ p d cg > 9'�� in > _ ra �$ �q ° 9 ii8 it it It IT p1k HIrggg A' �� ° �'n P: r s•$ �t' °•�� : gz r'� � w8• lf' � 046 8 R � g s• g � � R° Is H lilts yIt4r S $ B r sIt it $ rq ! 16 S _ r� s 9 B @ gsk� �� °•gy p �y W Ir g g wt It L r q Mir R it 1 Y O P U R C H A S E TO'ACO FIRE SAFETY EQUIPMENT PO BOX 5006 LUBBOCK TX 79408 5006 CITY OF LUBBOCK ORDER Page 1 Date 2/26/08 Order No. - 326069 000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR 1515 EAST URSULINE LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79437 BY: l � - Ordered - 02/26/08 Freight - FOB Destination Frt Prepaid Requested - 02/26/08 Taken By - ROBIN HOLDER Delivery - PER R SALAZAR REQ#30459 ITB#08-010-FO Description / Supplier Ite Ordered ----------- UM -- Unit Cost ........... UM .. ............ Extension Req. Dt -------- ---------------------------- Bunker Coats 14.000 EA 1,069.0000 EA 14,966.00 03/26/08 Bunker Pants 14.000 EA 688.0000 EA 9,632.00 03/26/08 Suspenders 14.000 EA 42.0000 EA 588.00 03/26/08 This purchase order encumbers funds in the amount of $25,186.00, fora bid awarded to DACO Fire Safety Equipment, of Lubbock, TX on January 10, 2008 in accordance with Resolution No. 2008-R0013. The following are incorporated into and made part of this purchase order by letter of ratification of Resolution No. 2008-R0013. CITY OF LUBBO ATTEST: r David A. Miller Mayor Rebecc Garza, City SecretXFF Total Order ------------------------------------------------------------------------------------- Terms NET 30 DAYS 25,186.00 CITY OF LUBBOCK PURCHASE ORDER TODACO FIRE SAFETY EQUIPMENT PO BOX 5006 LUBBOCK TX 79408 5006 Page - Date - Order No. - Brn/Plt 1 5/29/08 330553 000 OP 3511 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR 1515 EAST URSULINE LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOM TX 79457 BY: V11 --------------------------------------------------------------------------- Ordered - 05/29/08 Freight - FOB Destination Frt Prepaid Requested - 05/29/08 Taken B - ROBIN HOLDER Delivery - PER R SALAZAR REQ# 30954 ITB# 08-010-FO Description / Supplier Ite Ordered UM Unit Cost UM Extension Req. Dt Protective Coat 35.000 EA 1,069.0000 EA 37,415.00 06/30/08 Protective Trousers 35.000 EA 688.0000 EA 24,080.00 06/30/08 Suspenders 35.000 EA 42.0000 EA 1,470.00 06/30/08 This purchase order encumbers funds in the amount of $62,965.00, for a bid awarded to DACO Fire Safety Equipment, of Lubbock, Texas on January 10, 2008, in accordance with Resolution No. 2008-R0013. The following is incorporated into and made pant of this purchase order by letter of ratification of Resolution No. 2008-R0013. CITY OF LUBBOCK'" Tom Martin, Mayor ATTEST: ec a Garza, City Secretary Total Order Terms NET 30 DAYS 62,965.00 TERMS AND CONDITIONS IMPORTANT: REM CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good con mil practice. Each shipping container sham be clearly and permanently marked as follows (a) Seller's canna and address (b) Consignee's name, address and purchase order or purchase relate number and the supply agreement number if applicable, (c) Container number and total number of oattainem e.g. box 1 of 4 boxes, and (d) the number of the oaatsmer beating the packing slip. Sella shall bear coat of pockiti Ing unless otherwise provided Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of oommoa caniaa and nay applicable specifications. Buyer's count or weight shall be fuel and cmekom onsbWmems na accanpwwd by pw*in lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no fend= of a bill of lading win open' as s terhder of goods. 3. TITLE AND RISK OF LOSS. The title and risk of bat of the goat shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or pouts of &+Very. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tinder of delivery of goods oust dully comply with all provisions of this contract as to time of delivery. quality and the lie. Ifs tender is made which does net filly conform, this shall constitute a breed and Sella shall not have the right to subsumixi a confarmimg tender. provided, where the time for performance has and yet akpbvd, the Sella may reasonably notify Buyer ofbis intention mane and may then make a conforming tender within doe contract time but not afterward. S. INVOICES a PAYMENTS. a. Seller shad submit separate imvomm In duplicaez, sae each purchase order or purchase sekne all= card delivery. invoices shad indicate the purchase order or pmsfiase relem number and the apply agreement in, if applicable:. Invoices shall he burb d and transportation charges, if any, shall be listed separately. A copy of the ball of lading, and the freight waybill when applicable, should be attached to the invoice, Mail To: Accounts Payable. City of Lubbock. P. O. Box 2000, Lubbock, Texas 79457, Payment shall ant be dot until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by writes notice to the Sena, cancel this contract without liability to Sella if it is determined by Buyer that gduitim In the form of entertainment, girls or olhawim. were offered or given by the Seller, or any agent or representative of the Seller. to soy ofrta or employee of the City of Lubbock with a view to securing a contract; or seating favorable treatment with respect to the awarding or amending, or the making of any determinationswith reapat to the palto S of ouch a erxasrost Ice dne evert this contract is canceled by Buyer pursuant to this provision, Buys shall be entitled, as addition to any odra rights end remedies, to recover or withhold the amount of the teat incurred by Sella in providing such gratuities. 7. SPECIAL TOOLS a TEST EQUIPMENT. If the pine stated on the face hereof Inchnhdes the cost of army special tooling or special feat ewipnat fibricarod or requaed by Seller for the purpose of fining this order, ouch special tmolmg equipment and any process sheets missed thereto shall become the peopaty of the Buyer and to the extent feasible shall be identified by the Seller as ouci. 8. WARRANTY -PRICE a. The pies to be paid by the Buyer shall be that eontaired in Sella's bid which Sella warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar orme conditions and methods of purchase. In the event Sella breaches this warranty, the piers of the items shall be reduced to the Seller's current prigs on larders by others, or in the akamtive. Buya may anal this contact without liability to Seller for breach or Seller's actual expense. Is. The Seller warrants chat no perm or selling agency has been employed or retained to solicit or sectne dds contract upon an agreement or understanding for commission, percentage, brckasge, or cantiagent fse excepting boa fide employees of boos fide established commercial or selling agenda mountal se i by the Seller for the purpose of serauiog bmimess. For beach of vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this convect without liability and to deduu from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of soh commission, percentage, brokerage or contingent fee. 9. WARRANTY.PRODUCT. Seller dell no limit or exclude any implied warranties and any attempt to do so shall rends this contract voidable at the option of the Buyer. Sella wartanu than the goods fiaoished will coofam to the specifieadoa, drawings. and descriptions listed In the bid invitation, and to the sample(m) fianidhed by the Seller, if army. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement the Sella represents and warrant fauh-free performance and fault-fra result in the processing date and date relaud data (Inchrdmg, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or m combination. n the cue may be from the effective doe of this Contract. Also, the Seller warrants the year2000 calculations Off be recognized and accommodated and will cot, in any way, result in hardware, software orfirmware failure. The City of Lubbock, at its sole option, may require the Sella, at any time, to demonstrate the procedures it intends to follow is orkier to comply with all the obligations "ermined herein. The obligations contained herein apply to products and services provided by the Seller. its sub -Seller or any third party involved In the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failme to comply witb any of tlic obligtiaa contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, is right -pertaining to termination or default. The warranties contained herein are separate mod discrete from any other warranties specified in this Contract, and are not abject to any disclaimer of warranty. implied or expressed, or limitation of the Sella's liability which may be specified in this Contract, its appendices, its selheduk % its armexes or any document incorporated in this Contact by reference. 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Ad of 1970. la the event the product does not conform to OSHA sumdrdL Buyer my return the product for correction or replacement at the Seller's expense. in the event Sella fails to make the appropriate corn eu m within a reasonable- tim& correction made by Buyer will be at the Seller's expense. If. NO WARRANTY BY BUYER AGAINST iNFRINGEMENTS. As part of this contract for safe Seller agrees to ascatom whether goods matabdu ed in accordance with the speciftatiaus atnhched to this agreement will give rise to the rightful claim of any third pawn by way of mtrmgement of the like. Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indctmification In the event that Sella is sued on the grounds of i afimgement of the mike. If Sena is of the opinion that an mf tMement or the like will rent he will aoudy the Buy= to this effect in writing within two weeks after the sngrning of tbs agmement. if Buyer does not receive matte and is subsequently held liable for the in8iagrment or the Il¢. Sella will am Soya harmless, if Sella an good SAh ascertain the production of the goods in aaudarree with the specifications will result in infimWascmt or the like, the contract shall be man and void. 12. RiGHT OF INSPECTION. Buyer sha8 love the right to inspect the goods at delivery before accepting them. 13, CANCELLATION. Buyer shall have the right to canal for defiuk ail or my part of the undelivered portion of this order if Sena breaches any of the terms hereof Including warranties of Seller or if the Sella becomes insolvent or commits sets of bankruptcy. Seth rigis of cancellation is o addition to and nor in lieu of any other remedies which Buyer my have in law or oquey. 14. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer Inaccordoce with this provision. Termination of work hereunder shad be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is term naked and the date upon which snit termination becomes effective. Such right or termination is in addition to and not m lieu of the rights of Buyer set forth in Clause 13, hereto 15. FORCE MAJEURE. Neither party shall be beta responsible for losses, resulting if the fulfillmeas of may berms of provisions of this contract is delayed or prevented by any cause not wthm the armol of the party whose performance is isterfered with, and which by the exercise of tearonable diligence said parry is unable to prevent 16. ASSIGNMENT -DELEGATION. No right or Interco In this contact shall be "Vied or delegation of any obligation made by Sena without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and toally mefiect ve for all purpose unless made In conformity with this paragraph. 17. WAIVER No claim or right rising out of s breach of this contras cat be discharged in whole or in part by a waiver or renunciation of the claim or right unim the waives or rmuaxistiaa is supported by considaasiun and is ht writing awed by the aggrieved pay. 18. INTERPRETATION -PAROLE EVIDENCE. This writing, phis any specifications forbids and performance provided by Buyer In its advertisement for bids, and my otter documarts provided by Sella as part of his bid, is intended by the parties as a foal expression of their agreement and founded also as a complete and exclusive statement of the lams of their agreement. Whenever a term defined by the Uniform Commercial Code is used In this agreement the definition contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Whew ever the tam "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and In farce on the date of" agreement. 20. RIGHT TO ASSURANCE. Whenever am party to this contract In good faith has reason to question me other party's infant to perform he may demand that the other party yve writW assurance of his Intent to perform in the event that a demand is made and ao asai ance is given wtl6in five (5) days, the demanding lmU' may treat this failure u an anticipstay repudiation of the tonua - 21. INDEMNIFICATION. Sella shall idemm . keep and save harmless the Buyer, is agents, offtish and employees, against all injuries, deaths loss, daragts, claims, patent clams, sues, Itabilities, jndg meets, coos and expenses, which rosy in anywise accrue agaimt the Buyer in consequence of due grating of this Contract or which may anywise result therefromh, whet4 or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller cull, at his own expense, appear, defend and pry all charges of attorneys and an costs and other expenses rising therefrom of incurred In connection tlreseweh send, i6my jmdpmeot shall be rendered sgaIno the Buyer in any such action. the Seller dial!, at iti owe expenses, satisfy and discharge the same Sella expressly understands and agrees that any bond requined by this cantraet. or otherwise provided by Sella, shall in no way limit the responsibility to Indemnify, keep and am hormkss and defend the Buyer as her. provided 22. TiME, It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreeram will cause Sella to be in default of this agreement 23. MBE. The City of Lubbock hereby notifies all bidden that in regard to any eoutracs entered into pursuant to this ram, minority and woman business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an await Rev. 08/2005 ♦ Y O G � � 11 TO: PURCHASE ORDER DACO FIRE SAFETY EQUIPMENT PO BOX 5006 LUBBOCK TX 79408 5006 ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 Page - 1 Date - 7/11/08 Order No. - 332773 000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR 1515 EAST URSULINE BY: V2 ------------------------------------------------------- fir------------------. Ordered - 07/11/08 Freight - FOB Destination Frt Prepaid Requested - 07/11/08 Taken By - ROBIN HOLDER Delivery - PER R SALAZAR REQ# 31218 ITB# 08-010-FO ---------------------------------------....................................... Description / Supplier Ite ---------------------------- Ordered ----------- UM -- Unit Cost ........... UM Extension ------------ Req. Dt -------- Bunker Coats 28.000 EA 1,069.0000 -- EA 29,932.00 08/11/08 Bunker Pants 28.000 EA 688.0000 EA 19,264.00 08/11/08 Suspenders 28.000 EA 42.0000 EA 1,176.00 08/11/08 This purchase order encumbers funds in the amount of $50,372.00, for a bid awarded to DACO Fire Safety Equipment, of Lubbock, Texas on January 10, 2008, in accordance with Resolution No. 2008-110013. The following is incorporated into and made part of this purchase order by letter of ratification -of Resolution No. 2008-110013. CITY OF LUBBOCK Tom Martin, Mayor ATTEST: Rebe ca Garza, City Secre�ry ' Total Order ------------------------------------------------------------------------------------- Terms NET 30 DAYS 50,372.00 TERMS AND CONDMONS IMPORTANT: READ CAREFULLY STAMDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer apse as follows: 1. SELLER TO PACKAGE GOODS. Seller will pakage goods is accerdgew with pod commercial practice. Each IhVpmg sauna shall be cry and pamrseally method as follows (a) Seller's name end address. (b) Comipsee's nam address and pmeiam order or purohme s A., comber and to supply apeemmt rsmnI if sppliabe. (c) Container number and told cumber of contalers. e.g, box 1 of I boxes, end (d) the sousba of to centaiser beorma Ike padting slip. Seller shaU bees` eat of p &erg* mean otherwise provided. Goods dealt be suioWy pocked to sees- lowest transportation emu and to coaiim with "nements of cosanoo con in and my apow*k specifications. Buyer's swam or weight shall be float and ceschrive on shipments act accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is pot adhorired to ship the goods soda reo rvatian and no Baader of s bill of lodisg will operate u e leader of foods. 3. TITLE AND RISK OF LASS. The We and risk often of Bu goods surd sot pas to Buyer snit Boyer adusly receives and tale's possession of dw pods a toe poi t w points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER:, Every roodar,of dolivary orpode mast edy cow* with all provisions of the eostract is I'time of ddll , qunijty and the'llla Ifs sender is erase which does sot Addy confarn this shall consflhae a binich cod Seller Ott to ism Ube eaglet to srboosob a colermim leader, provided, what the time bpafoemance hm not yet espied the Stier my reasonably am* Buyer ofbi intention rouse and may dies make a cookrm&g tender will& theaxoetrad tame but sot afterward J. INVOICES & PAYMIWTS. a Sagas "=bait ceps om &voices, in dupliak, sae each purchase order or pneosu nkme seer such delivery. Invokes than bdtase the pea' ardor or pro' aaease min w aad Ube sappy apwmo m mba if q*Ucabk. iswicas shad be b dmd and trmspaetation chorges,1f say, son be Usoed nkperably. A copy of to bill of &ding, and the freillia waybill when sppiiable, should be atrached to Ube isvolos Mall To: Accamsh Psyabe, City of Lubbock P. O. Boo 20A Lubbock, Tam 7907. Payment doff riot be due until Tee above instruments as submitted aller delivery. 6. GRATUITIES, The Sew may. by written nodoe to the Seiler. cancel this contract without ft"ity to Sella Wit is determined by Bayer that pawkies, in lee Tom ofessuotaimsmq riffs or - d - be6 ware ofEand a gives by the Seller, army spoor teptmmlrive of the Selha, to any offkw a esgloyte of due City of Iabbodk wit a view ioeowrimla axon - -or securing lbvcs badman! wile rgsd In the awardMg /r eaerdiag, or the making of say ddamtmlioen with tndped o Ube peefirdss" of ssch n es— ' ice is erect dds aostract is canceled by Buyer I - to ids provision Buyer shall be angled, in addition to sip other rig" and tserdies to sacesm or withhold Ube among of to swot boned by Seller is povi ft each ggdidm 7. SPECIAL TOOLS t TEST EQUIPMENT. If the price stated ca the hce hereof iaclodes tie can of any special doling or special hot ap*u mt fabricated or tequhed by Seller for die propose of ttlUeg tab order. such spxW molimg aaapipmest end any paocas deteb reused theraro Ad become to property of the Buyer and to the aaw hosisie shop be identified by the Sena m "ch. g. WARRANTY -PRICE. n The prig to be paid by the Bayer shall be tst contained in Seller's bid which Seller warrants to be no Wow than Saaller's sanrmt pacers an an I by star for products of tie kind and specifiealloa coveted by thin speeemt for thollr quandtieo under similar of like conditions and melbods of pur hme. Is the event Seller I this wartmay, the prices of the issues "be reduced to the Seller's astral priced on orders by others, or in the alternative. Buyer any used dais awawaq without liability so Seller far brosch or Seller's acuw aspsuse Is. Tbo Saner wrrrm that no prson or nhUisg agency ben beam employed or retained to solick or an = this corral ups an spm m or understanding for commission, paoesbge, brokaye, or coodagmt he aosptiog base fide employees of hoer fide established mdaiercial a sel ft apedes moid&ed by theSeller fbr the prpase o(ancrios bm&ess. 20. Rk7lff TO ASSURANCE. Wbmem me partyso ibis eosbatet in good faith hr remm to For breads of vkiaea of tin warranty the Boyer doll have the tight is addition to my other question, to algae party's ialont o pa- I he may demand that the other party llivc wrlan right of h#u to cacd this contract without B"ity and to deduct lam tie cosb'W price, or aanvsoa ofbs ilea( to yesf x in the event tat a demand it made and son assurance is $50,372.0 era �e t'i amcipsay' i�"io`r"ale 10. SAFETY WARRAVTY. Seller warmth than the poked sold to the Buyer "conform o the standards pomdpeed by the U. S. Depmmuou of labor under the Ouupatiomi Ssfaty and HoM Ad of 1970. In the ovent the product does not e, I to OSHA standards. Bayer my return the product for corrachno or replacemestt at tie Seller's expense. In the eve q Sella fd4 to make the appropriate correction within a rrascoabie time, correction shade by Buyer will be al the Seller's expense. It. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this awobact for saleSeft epees to sse ettob o 1whev got* ma areeureil is accordance with the tpedficaieru ssnhe l to tins at:eemeot will give rise to due rWirl elaisu of my third penal byway of in" - em of the like. Boa makes no warrrty to the pa I Hon of goods according to the specification will not give An to such a daim. and in no evaaa doll Buyer be Roble to Seller for id=Wfir on is die evert due Seller is sued a the grounds of !frlpmsut ofde like. IfSetlar is othere apiins test an ktkpmmt or tie like will result, be will notify die Sew to this effect in wrung wit! two weeks Sher the Aplg of Ibis agreement If Buyer does ad adve bocce and is anbagpm* held Bnble fiat the "wpemmt or lino lee, Seller will am Buys haesrlow if Seller is pod hits mcsdhes the production of the pods in accordance with Bu olo dRaliom will gawk in "ingeaent or the Tice, the swatted shall be snit and void. 12. RIGHT OF INSPECTION. Baetr shoo have the digit to impact the prods at delivery befare accepoig tea 13. CANCELLATION. Bayer dog have the right to eased for defask all or my part of to mdelivaed posting of this order ff Sutler branches all of the term hereof iehdig warranties aa(Shca a if to Sella bocoma bsdvat ar comes ads of hmfmkpky. Smh runt of ancellati o his addition to and not in Man of nay other nmedin which Buyer any have in &w oragdty. 14. TERMINATION. The perfamusce of web under this ardor m4• be' is whole, or it part by the Benw in a000nhow with this provision. Tormistine of work hereunder shall be effected by the delivery of Ube Seller ors "Notice ofTerm&stim" specify!" to extent to which pafamena of work under the order is terminated and the date spas which such samienHoa becomes eNbdive. Such dillat or termination Is in addition to and not in ties of the right of Buys art fist i t". erne 13, herein. 13. FORCE MAJEURE. Nekher party sholl be held responsible fbr loges, resulting if the 1h1Blrmt army tams of provisions ofthi. eeatract In deyyad or presented by my erase ad within ' I the conol oftbe party whose perioamsoce isiser I with, end which by the eradse of rensdpipa uid party i wee to prsvant 16. ASSIONMENT-DFIEOATION. No right or interest in this contract "be mNpasl or deleplior ofa y oblipfisu made by Seller without the wribsx permission ofth Buyer. Any atremp ad antp mew or deleptior by Seger still be wholly void and todly ieelredive for all osepauI sodas made in cou6omdty with this pirapoph. 17. WAIVER No eeim or right ailg out of s brmeh of this a assma an be dbcbw ed in whole or in part by a waiver or a suncistim of den a:Wm or right mless the waiver or renunciation Is sopposted by consideration and Is in wrilio" siped by the 4pk-.vd 1>any. 18. INTERPRETATION -PAROLE EVIDENCE. Thin wkiti & per my specifications for bids and Pet Pa'"d by Buyer in its advertisement for bids, and say other documera provided by Seller an pit o(his bid, is intended by the pates as a iml expreasicn of their sgrashent and &lmded aho ao s congimsad aacWw obleamt of tip germs of dwi agrtemeat Whenever a serm defiled by the Uniform Commercial Code is used in this agteeahert the dehsiioe contained in the Code is to cosbol. 19. APPLICABLE LAW. This agreement ohol be governed by ds Uniform Commercial Code. Where ever the lem "lhifam Commercial Code" i mad. it Ad be eonsrued an mean!" to L%dbm CommercW Code a adopted in to Sims aaf Tan no effective and in Cara ins the date ofthi npamtmt. derby letteIrtiI31111 IIIr e drat dw goods irafAw wain costars, to the spec iota saw&p and I Ited .. Buyer, the bid invitation. ad to to a) t rai od by the Sena, iray. in to esaht der conflict eoagpnssce ofdw gram!" of dti Coosa or which may anywise result tsere6om, whether C I FYea a 1 % i� j(dhawip and dgaidlioes io apediutioas shall goveta. ATTEST: a sot N shall be allepd a determined that to ad was trued trough aceipe ce a amines NotwitufmdinIt my pexamined t ed o coo,Wbnl or -mad, Bu Stier represents oftbe Sailor or Its employees, a of the sbSellar or maipee or is employees, Wany, and the and wrrrra fob-hee performance and huk-fisie'romit !the procelm" able ad date related Sella shall, a his ark expense. appear, dead and pay At cl rpm of a someya and all was dats (lclhdisg. but sot limited to cdamlattirtt, compo ins and seetuou it) of all hmdware. and other eoxpema arisi n therefrom of lwhrred comection &aewth. dad, if dy judpnen T ! r aloe cane may he 0. to eRk{etive roe serf thin Canard. Rebecca Gal ter dolt. at d ows axpenum Otairp Seller es pe sly understands and yeas that my hoed nquwd Alan. the Seiler wrrab the yer2000 calculations be rompind and � a otawise provided by Sutler. shall hw way Unit to responsibility b will no in m way, ray '4', , resbha n hardware, software ime. to demonstrate � pow is intends he a y, kegs and save harnhkg and defend dta Bayer as Imam& provided �i*, keep follow in color to comply with all the Obligamana cootaaoed herein. The Obiugatiosn awnfaiad 22. TIME. It is Busy abPmlY agtedd and understood that time is of the essence for the here! apply ucb and services provided by to Seller. ib sub -Seller or soy third party to pod peafonnsecc of this contract and failure by eoatraet o used the time specifications of this involved in the creation or development of to products and services to be delivered to the City areementwill cause Seller to be in defouk of this aspecrow. of Lubbock under tin Contract. Failure to comply with my of the obligations contained 23. MBE. TbeCity of Lubbock hereby oMiesall bidders thath reprd o ay contract entered bail, may result in the City of Lubbock milling itself of ay of its rig" under the law and into pursnsat to this request, minority and women business enterprises will be afforded expel under this Contract includtog. but not landed to. its right pan&!" 10 tavminwsu or default. opportunities to submit bids in spoon to this invitation and will not be discriminated aping The wrrossm contained here& are separate and discrete Son any other warrantees specified on the grounds of race. color. sec or natural arig& in cousidowan for an award. in this Comeacr, and are net subject to any disclaimer of warranty, implied or expressed, or limirioo of the Sellers liability which may be opeciied is this Contiva is oppeadices, its adsedulm its geneses or any documen incorporated in this Ca o&w by teknace. Rev. 08r2005 t 1 j O �� 11 TO: PURCHASE ORDER DACO FIRE SAFETY EQUIPMENT PO BOX 5006 LUBBOCK TX 79408 5006 Page - 1 Date - 8/26/08 Order No. - 335057 000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR 1515 EAST URSULINE INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: vuen- Ordered - 08/26/08 Freight - FOB Destination Frt Prepaid Requested - 08/26/08 Taken By - ROBIN HOLDER Delivery PER R SALAZAR REQ# 31395 ITB# 08-010-FO Description / Supplier Ite Ordered UM -- Unit Cost ----------- UM -- Extension ------------ Req. Dt -------- ---------------------------- Bunker Coats ----------- 37.000 EA 1,069.0000 EA 39,553.00 09/26/08 Bunker Pants 37.000 EA 688.0000 EA 25,456.00 09/26/08 Suspenders 37.000 EA 42.0000 EA 1,554.00 09/26/08 This purchase order encumbers funds in the amount of $66,563.00, for a bid awarded to DACO Fire Safety Equipment, of Lubbock, Texas on January 10, 2008, In accordance with Resolution No. 2008-R0013. The following is incorporated into and made part of this purchase order by letter of ratification of Resolution No. 2008-110013. CITY OF LUBBOCK J /rirr /'Y/ir�3� Tom Martin, Mayor ATTEST: ebec a Garza, City Secretary ' Total Order - Terms NET 30 DAYS 66,563.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be cleeerly and permanently marked as follows (a) Seller's name and address. (b) Consignee's name, address and purchase order or purchase release number and the iuppiv agreement number of applicable, (e) Container number ated total number of containers, e.g. box I of 4 boxes, and (J) the number of the container bc:ving the packing slip. Seller shall bear cost of packaging unless otherwise pnwided. Goads shall be sutably packed to secure lowest transportation owls and to conform with requirements of common carvers and any applicable specifications. Buyer's eu ent or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the „axis under resenation and no tenderof a hill of holing wilt operate as a fender of goods. 3. TITLE AND RISK OF LOSS. The title and risk oftoss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the good ,t the point or points of delivery. d. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender ot'delivery of goods must fully comply with all provisions of this contract as to lime of delivery, quality and the like. Ira tender is mule which does not filly conform, this shall constdute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance his not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a cmnforining tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. Seller shall submit separate invoices. in duplicate, one each purchase order or purchase releaseafter each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy oFthe bill of Lading, and the freight waybill when applicable, should be attached to the invdnce. Mail TO: Accounts Payable. City of Lubbock, P. O. Box 2000. Lubbock, Texas 79457. Paymentshall not be due until the above instruments are submitted alter delivery. & GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the font of entertainment, gills or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract at securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyerpursunl to this provision. Buyer shall he entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS R TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special fouling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANT' -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specificalion covered by this agreement fur similar quantities under similar of like conditions aril melbas ofpurchase. In the event Seller preaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative Buyer may cancel thw contract without liability to Seller for breach or Seller's actual expense. It. Tf tie Seller warrants that riceperson or selling agency has been employed or retained to solicit or secure this contract upon anagreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selfing agencies maintained by the Seller for the purpose of securing business. For breach of viciation of this warranty the Buyer shall have the. right in ,addition to am other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct frrn the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit orexclude any implied wirranties and,vry attempt to do w shall render this contract voidable at the option of the Buyer. Seller warrants that the yard furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) f rnished by the Seiler,. i f arty. In. the event of a conflict or between the specifications, drawings, :uxl Jtacnplius, the specifications shall gmern Notwilhstanding airy provisions contained in the contractual agreement, the Seller represents ;tied warrants fault -free performance and fault=free result in the processing date and date related data (including, but not limited to calculating, companng and sequencing) of all hardware, software and f"ware products debvcreel atiJ services provided under this Contract, irdividiwlly or it combination. As the case may he from the effectsa state of this C'onlract. .V<o. the Svller wan -ants the ye:v'_000 ealcmlataieVI wilt he raogntzed arnf-accnrr!mo>,hted sons' %kill not, in any %%ay, result in hardware, software or firmware fiailure. The City of Lubbock, at if; may require the siellec. at arc, time. to demonstrate the procedures it intends to follow tit order to comply waball the obfigano(iscoitamed herein. The obhgahons conlamed herein apple to products and services provided by the Seller, its sub.Seller or am• third party �nvot%ed ;orthe vaahon or development ufthe products and servicesto he delivered to the City „f Lubbock under this Contract. Failure to comply with any of the ohligahons contamed herein, may result in the Cdy of Lubbock matfing alself of any of its rights under the law And finder+is Contract including. but not limited to, its right perfaimng to ter minahon or def,uft. The warranties contained herein are aeparale and discrete from .any rther •.war.mties specified :re this Cuntract, .nd are not subject to any disclaimer of warranty, implied or expressed, or lnnitation of the Seller's liability which may be specified in Ibis C'ontrict. its appendices, ;ts .,chedulc%. its annexes or any document me rporafed in this Contract by reference. 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U S Department of Labor under the Occupational Safety and Health Act of 1970 In the went the product does not conform to OSHA standards, Buyer may veto m the product for correction or replacement at the Seller's espouse, tit the event Seller fails to make the appropriate correction within a reasonable time, eorecoxt made by Buyer wdl be at the Seller's expense. I 1 NO WARR.kNTY BY BLYER AGAINST INFRINGFMFNTS As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of am• thva person by way of infringement of the like. Buyer makes no %%arranty that the production ofgo,xd according to the specification will not give rise to such a cktim, Arid act no event shall Buyer he liable to Seller for iokmmfication in the event that Seller issued on the gronds of mfnngement of the like. If Seller is of the opinion that an infringement or the like+veil result. he will moldy the Buyer to this effect in writing within two weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seller in good faith scertaires the production of the goods in accordance with the speoficatione; well result in infringement or the like, the contract stall be null and void. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at deh%ery Ferrate accepting them. 13. CANCELLATION, Buver shalt have the right to cancel for default all or any part of the undelivered portion of this order d'Seller breaches any of the terms hereof mcludin_ warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. IJ. TERMINATION. The performance of work tinder this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 13, herein. 15. FORCE MAJEl3RE. Neither patty shall be held responsible fur losses, resulting ifthe filfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonably diligence said party is unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall he assigned or delegation ornery, obligation made by Seller without the written permission of the Hover Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 17. WAIVER. No claim or right arising aut of a breach of this contmet can he discharged in whole or in part by a waiver or renunciation of the claim or right unlesi the waver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 18. INTERPRETATION -PAROLE EVIDENCE. This %writing, plus any specifications for buds and performance provided by Buyer in its advertisement for bids, raid any other documents provided by Seller as part of his bid, is intended by the parties as a final expressio t of their agreement and intended also as a complete ;aid eschsive italement of the tenor of their agreement. Whenever a term defined try the 1,'nifirm Commercial Carle is iced in this agrcerent, the defimlion contained in the Code is to control. 19, APPLICABLE LAW, This agreement shall he govnmed by the Uniform Commercial Code. Where ever the term "Uniform Commercial Coolie" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to ., question the other patty's intent to perform he may demand that the Other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given %within five (5) Jays, the demanding party may treat this failure as an anticipatory repudiation of the contract. 21. INDEMNIFICATION. Seller shul) indemnify, keep and save h,anniess the Buyer. its agents, officials And employees, against all injuries, deaths, loss, damages, elauns. pai.•nt datinv, swls, tiabilities,judgments, costs and expenses, which may in anywise accrue against tke Haler it. consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused thnxigh negligence ,ni of the Seller or its employees, or of the suhSel ler or assignee or its employees, it ant- ,aid the Seller shall, at his own expense, appear, defend and pay all charges of.thooreys ,vac! all exits sail other expenses arising therefrom of incurred in connection thereovith, and, if ai'r judgment ,hall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, :satisfy and discharge the same Seller expressly undetita cti Arid Aires that any txmd rxjuued !•v this contr,ct or otherwise provided by Seller, shall in no wav !cud the responsuhihty to mdeirnify, keep cord save harmless and defend the Bayeras herein provided. 12. 1'IME it is hereby e%pressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will caue Seller to be m default of this agreement. 23, SIBE. The (try of l.ubhoek hereby mihhes all bidders !hat it ,:yard to ariv.:ortric! crcre d into pursuant to !bus request, minority and %woimere business enterprises sdf he .afi'i . 1-d equal opportunities to ,ohma bids m r•_sponse to this invitation and will not he discriminated against on the grounds oft ace, color. sex or natwal origin in consideration for in awaid. Rev. 0812005 Y a 103 PURCHASE ORDER DACO FIRE SAFETY EQUIPMENT PO BOX 5006 LUBBOCK TX 79408 5006 Page - 1 Date - 10/28/08 Order No. - 338408 000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR 1515 EAST URSULINE LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 f/ , LUBBOCK, TX 79457 BY: Ordered - 10/28/08 Freight - FOB Destination Frt Prepaid Requested - 10/28/08 Taken B - ROBIN HOLDER Delivery - PER R SALAZAR REU 31779 ITB#08-010-FO Description / Supplier Ite Ordered UM .. Unit Cost ........... UM -------------- Extension Req. Dt ........ ---------------------------- Bunker Coats ........... 43.000 EA 1,069.0000 EA 45,967.00 11/28/08 Bunker Pants 43.000 EA 688.0000 EA 29,584.00 11/28/08 Suspenders 43.000 EA 42.0000 EA 1,806.00 11/28/08 Bunker Coats 7.000 EA 1,069.0000 EA 7,483.00 11/28/08 Bunker Pants 7.000 EA 688,0000 EA 4,816.00 11/28/08 Suspenders 7.000 EA 42.0000 EA 294.00 11/28/08 This purchase order encumbers funds in the amount of $89,950.00, for a bid awarded to DACO Fire Safety Equipment, of Lubbock, Texas on January 10, 2008, in accordance with Resolution No. 2008-R0013. The following is incorporated into and made part of this purchase order by letter of ratification of Resolution No. 2008-R0013. CITY OF�„UBBOCK ATTEST: ��0 Tom Martin. Mayor Rebe oca Garza, City ecretary Total Order ------------------------------------------------------------------------------------- Terms NET 30 DAYS 89,950.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: I SF LLE R I'll Is WK WE GIVOIS Seiler %%41 package goods maccordance %,,,ill good ceirn-orc-al practice Lich .0irr'11% I-W: h, :!eirlv .Ind peararently .-Add A (.I) letter's Jill C,­'Sret'l name, address: rid purcNilat orderer and uu.-.1 number of catiminerse g Nix I or 4 boles, vd tjftht rummer if the cot-lat nr the- picking Cioods t.tab!% ti.icl,ej tosec,xc iovwst co^ and to, confirm %ioth requirements m orcorice, err ol,,inj ift jpph,cabie ipec&c.too, it Utyer*,; count or. •w,bht shall IV final ,,d on Ji,patent% rol alx­rar­d lit- Pickillit, fists. siliPME %T Lill RFSF RVAT10% PROHIWITD. Seller•inM,mdhon:edtoshipthe X, is ix&r --csto :non oral to lc! -der or., hill il`T,iI,nV %,,11 operito ali I tender of6wilh. 3, TITLE .%%.I) RISK OF LOSS Me title and r.4 ofIrqs .1fil't goods shall e4pass its Buyer tirito lluyerxlu,ill.v icceittia-A taken pe_csilin irthe Koodsal the pouitorpouits of 'el"ej t \OREPL.\CE%,IEN'raFaErECTIVE*rE?ZDER. tilliv co-ritr %v1111 .111 in Inhere ofLilth,cr.y. pulity and the like. Ira, radewhich ,kits net 6dly cortrorn ti,, hill conilittele.1 breach .nerd Seller vhqll not Ell, e the right her sub,ftftlfe .1 cor lllffrmg ten -ter. where the time for perronnarce has rer )ei er:rt%k ill,- Seiler may --c-,sorahly at hry Oliver of his Intention to cure and may then 1%,ke.1 contorniag tondur within the contract tune but notallenvard. Aill wparite oi,mcei, n.lutilwAll.are each piirch.mooider or purchase relcLew.lijer each doji%ery. bl%ouict, ihill iiijuito the put -chase order tie purchase rcftu+e rti,iifwand The >iipply,il&r%vrnentriii)ibLtif.ipplic-lble Invoices shall beftemizedand cjl.wI;es.,r.my. hall N 1, tad.,ep.trately. A ropy of the bill of lading, and the fivtghl vaybill e-him.1pplicahle. Juuld beall.ict!ej to the mvmce. MmITo: Accounis Payment shall nut bedue -pit: I thealtictv trultrument, are uhninediller Jdirvry. 6. Git,vrLITIES. The Birver may, by vm lien notice fit the Seller, cancel this contract ividiout Lability to Seller -fit jitictermineJ by Buyer that tjraloifie.s, mthe form ofentortainment. gifts or offgr%vi'e, were offerell Kit en by the Seller, to ,Irli, uly1cererempkilveofthe city or Lubbock *4 a vitiv to wcuring.tcontract orliticuring ra-orlble Ire.itmerd with m-,Pect to The artimirehas or amending, or the making orally lictermlil.Ltion.j with rc>poct to the rerforriting of.,tich a contracl. lit lite event this contract is canceled by Boyar liw.,iiial fit this pinvi,ijen. Buyer.:hall be entitled. in.uldihan Mary other ripliti,and remedies. to recover or withhold the .amount of the cost lictreed by Seller in firo"dingswit y0alustes 7 SPUCIAL FWLS & TEST EQVIPMENT If the price staled on the rice herecifinclultri; the co,t of.1113 ilmial 1mhlls,x specal test equipment 1*.Lbricated or required by Seller for the punt". It W filling this urilor,such special hailing ciptipmollit and anyprocess heirts related 11:vreto;.h.111 become the property of the Boyer mid it) the e%tont feasible shalt be identified by the Seller is mach. 8 WARRANTY -PRICE, It *"W price to be paid by it* Bayer shall he flut cankilined in Seller's bid which Seller warrants to he no higher than Seller's current proce,%v tin orders by others for products, of the Liod.dati pecificattin covered b) this agreement for similar quantities order similar onlike In the .-,cnl Seller breach" this %arranty, the prices of Ilse ,terns Omit !v reduced in the Seller's cirrent r. nces on rder; by thers. or in the ah.-i-mitive. Buyer may cancel thitj contract tvaltilut Ital.-iNly to Seiler ror breach orSuller'i astral vilpcn,". b 11:C Seller 'Affarim that lilt per%Lv.,r ellivy agency li,t% been employed tie retained to ,olicit tie ..ecure this context upon an .tar cement or understanding loir comanission, percentage- h- Aerage. orcot,tmjurit reecieePlitl; I-otin fide emplovelts of bona ride c,tabitshed otmetierciii Ile by the Seller file the purposoof,ccurtrij litestitests. Fr, breach oNcoilin,41his ,arranty the Buyer hall have the.r-ght ai,idditian In arty other 'I tFr frights fin cancel this ecininict l,jlhout It thdily.ind todeduct fr.,m the evnirtct price, ix •,lhcv%isr rmmcr without hihliry.rod to deduct from the contrail price. or othervil recover the r,.Il orivqrt of -uch commissivii, percert.ige. brokerage tit contingent fee. W %RRANIN-11RODUT Seller hall rag lumt lie Nei le .my I -plied -varranf!t, .,rd,any iterript to it, 41 hjj,-crJer this correct rouble at the option of the 13,yer. Stile. % irrants, That nix go,rls (wrx4ej will oulform to the pecification, leacti in t!•c hil n, l.lt!or.,:r,I t, rbe roj.,.)" Ii.e., l'y the %offer. I r,my Mthe evert of,tomflict or'.Vewtn the spec 6czlwrk the pec- 111c.11141n, wl, den ,!ala iwI,Wx;L fti.1 r,,4 j.j-1jed to equenc!ngi of Lill ltardw.trc. wl,,.,re w,i rrrr-• are tw4tict, del %Qr,,d jad ,&%?ces prot .,led ender ll-:s Girtr,10, C-osr.tct 41-t.ue �o j*,obae the Clyof I -jN1lw1,.,I1 :,c,ew 1*or-,'i.;iItl% ti'mAoct." J.-J tej, <,., pro :led ri i;�ie ScIlit, its yob-Selleroraoy +,rd ;arty, !- l.,j ., ji•c. re.q.in,, le, clopr-crir. 1',I*c 1:,;Oien ird I.en lev, Io `ii 'ctl,,,-r,d ro the Cay r! Ailllti, 1"iler,to, 0%,-Inct I.;dI.rii wc. mplN ­,h .,nv ­.-wcd ;*..-,e I. *-.it' N',;f 11 P '­H-ock -d K ,.:.lei:. ir %ik rd .04.:r ll'A ("'Arict !1111 "'ded to. Ise.01 pl:rt.1,11 1'r it) 11"ll 1.del 'tuff and, 4­1, . d ;H',cr li.w% h J, x�r,l*-s jrrwls or-ly Seiler';' .11) 1,:-, sec f.,J lit Ih., Gx(: wo its q.*twdices. •ts 10. S til"M WARRANTY the •tjrdarli% promulaW by the L S Department -iftalxv i.-Jer File il-tir-t-leal S-lfclv .!od Health Actof 1070 In the exert the VrLdkWI does not W"fOr'" to ()SHA 'I'lodardil. B.'Wr May wturn the product for cerrecti.on tie ripl.verent at 1!te e%pc,-se Inthe c'ems0ict, .11 beat IN Seller's le%pmse. ,.tie the 'peciric.ittim.inached to 1I,-­i4.remant •%Ili gpvo ,,;e to the r,ghtFif cl.iijr tiled ;Nw,ov by %4y I'lur LIu)tr nation Ito k%arrarq that the freloct i,i rf.gcetli according it) the ^revifcalwn %.It neli%v r::;c to',nich a cl.orn. ,,I :n !u, !it hAic to Seiler fit itulemnilleahon :n the event ftu Seiler iisutd,n the fro lads of IfSellor Is of the opinion that an infemscriscrittit, the Ats will result. be %%AI,u)tlfj the Buyer to this effect eIritinilt within two i%eehsafler the s,ip*,n.. of the jWeeitterl ifffilyof LIOCS rto recer,te rialice and Is inbsequmly beld:,Able 4,,- the tit rro-gerrivillor the like, Seller will save Buyer hrmlen rrrorgtnriwtorthe I -Le, the contraict hall be full and vL*J 12 11101-IT OF INSPLCTION. BUSH ,hall hate the r-.Jil to iiFtlivict the ;rid, at,tehvn) I:cfore accepting them. 13 CA WELI.,%,rION ni tyer hall have the right in cancel r4derath .111 o,,im t orthe muklit ered portion of the: order If Seiler brexhiesiny of the icnits ilercof -rclw,.!A t% I. rarities of Seller or if the Seller becomes i rtsolveril or commas acts of litinlins;1c) c.cricellabon ismaelchbort to and not in lieu ofany other remedies whirl: Buyer m.ty li.k%e to lj,v,v c%lu,ty, 14. TERMINATION. 'file perAirmanceotwork under this order may lie formulated in whole, or In part by the Buyer this provisitim. Tormtriattion of work Nmrintmicr shillf IV elTecicd by thodclivery or the Npecifymu the citent in which performance or%vl under the enter I.% terminalted arA the tivell upon which .such Such right or temifuhnn is Ili aJdthun toand not in lieu or the rights of Buyer sit teaft in Clatese 13. hereto, 15. fORCEMMEURE. Neither party shall be held rc,,ponvble fir IoKsa, resulting I r the fultill Iment of any forms or pro, Insults of this contract in ddii)od or preveried by any calate not within [lie cointrol of the party ,hose performance I, inwiervid %vith..ind which by the orrowriable diligence said party is urmble to prevent. 16. ASSIGNMENT-DELEGxrION, No right or interest in this contract shalf he&signed or delegation of any obligation mitdc by Seller %wilhoul the kvritten, permission of the Buyer Any or delegailion by Seller AlAl be wholly 'old mill totally inelyiective fix 411 purpose unless made tit conformity with this paragraph. 17 WAVER. Nn el um or right arising ail of a hrtach of this contract can he JL.eh.rp eel m vMik ,urporfuld by corstiderinon and is in wohnipiHiled by the attgnevLA pit". 13. INTrAPRETATION-PAROLE EVIDENCE. This wrdnng. plus .my spear ic,itions for bicisanid pert icalance provided b) Buyer in ilsadvalisensent fer-bials..ind -my tither docuantinto provided by Seller as part of his hid, ij inherm by the rartle, as .1 flea, .k4revrreritand intended also its a compliale.vid umchisiv,.- ,latement of the teoni, oftlicir alovement. agreeincrit the definition contained in the Code into control. 1.0. APPIA'ABLE. LAW. This agreement shall he Acivemed by ' the Un,lolrm colrMt,-CIjf 1 Where ever the term "Unplorm commercial (*,-do" is,i.wl it ahall be cor.,trued L% nicamo;4 file 1. vullorin Cormenial Code maduptedii the State of rtmatias ofloctive and sit force on the date ofthis agreement. 20 RIGHT TO ASSURANCE. Whenever one rxuty to this centract in good faith her e4son to 'Ite'ticil the other puly"s anent to perforrn he ir,ty deirarid that the other party,.4ive ivritten ssnrance of fits nitenl to perform: In the event iltal.idemand ismade .and no m%urmtce lit t;I.erl within 0%ef5)cLtys, Illedernandins party may twit this Ittiltur isinaethicipatory repudiation cifthtcontract. 21 I%DEM%IHcxnON. orric sfls jrdorriplo.yets• igavr,f all tr;or!eq,,knth,, [-,,damages. c 1.11 lrq. 11.,tellt .:.1: 111, 0%, c,,,,ogjuence order grtot; ng or:his Con I r.ic I it -thich way m! �Nssc re,ult &erermir, 0terber r Ibe Seller of!t, ernple, 14e;1.-r hall. al t,,s pay .ill .-rd,11imeverises insir-.4 therefrom ofmcittrod in correction tPeretw1h. .;od. dam )u.! ' 'went ,hall !,e rerJered Ili.! Bwer n any;�l icli-ir. flit ^,mn , piett.,ei, ni; iii, I'm r the w- 1ir:ej,%7.1 ,*,I1-­'­�.1;1,J t,i-e , M'*,, 11 ", i _,'. .:,wtz let..11"i KWitre`y e. rfr.wt ww,et :1 , e fore this W .,&,!:,1 11i'JAX lc,p"w I-, th,% Iry lattin.,rd ,11 oot:V &,,u,tr,,atod Ig.t ra Rev 1.3/2,:05 W RESOLUTION Resolution No. 2008-R0013 January 10, 2008 Item No. 5.19 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and Daco Fire Equipment of Lubbock, Texas, for protective bunker gear per bid 08-010- FO, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this loth day of January , 2008. DAVID A. MILLER, MAYOR ATTEST: Garza, City APPR ED A O CONTENT: Rhea Cooper, Fir/Chief APPROVED AS. ,TO FORM: Vandiver, Attorney of Counsel DDres/DacoFireEquipWonRes December 31, 2007 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK David A. Mil r, Mayor ATTEST: Rebec a Garza, City Seci;�c APPROVED AS T RM: ;X m rN Assistant Ci Attorney CONTRACTOR BY Authorized Representative Address APPR VED AS O CONTENT: 4�4 Rhea Cooper IV Fire Chief Resolution No. 2008—R0013 CITY OF LUBBOCK CONTRACT For Protective Bunker Gear - Annual Pricing Bid No. 08-010-FO THIS CONTRACT, made and entered into this 10th day of January, 2008, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Daco Fire Equipment, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Protective Bunker Gear - Annual Pricing and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Protective Bunker Gear. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the Protective Bunker Gear specifically referred to as Item(s) No. 1, 2, and 3 and more particularly described on the Bid Form submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. 3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. The contract shall be for a term of one-year, said date of tern beginning upon City Council date of formal approval. The City and Contractor may, upon written mutual consent, extend the contract for two additional one-year periods. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 4. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 5. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 6. This Contract consists of the following documents set forth herein; Invitation to Bid #08-010-FO, General Conditions, Specifications, and the Bid Form. ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing Resolution No. 2008-R0013 SUBMIT TO: T T o CITY OF LUBBOCK CITY OF LUBBOCK, TEXAS Purchasing 8i: Contract 1 Management 1625 13th Street, Rm. 204 INVITATION TO BID AN EQUAL Lubbock, TX 79401-3830 OPPORTUNITY EMPLOYER QQ #OO-U 1 O-FO CONTACT PERSON: Felix Orta-Senior Buyer ORIGINAL TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.ci.lubbock.tx.us TITLE: SUBMITTAL DEADLINE: Protective Bunker Gear - Annual Pricing December 13, 2007 @ 3:00 P.M. CST PRE BID DATE, TIME AND LOCATION: Deleted Any bids received after the time and date listed above, regardless of the mode of delivery, shall be returned unopened. RESPONDENT NAME: D A C 0 FIRE EQUIPMENT LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR MAILING ADDRESS: COMPANY NAME AND ADDRESS. PO BOX 5006 IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BID". CITY - STATE - ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR LUBBOCK, TX 79408 REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. TELEPHONE NO: 8 0 6- 7 6 3- 0 8 0 8 FURTHER, THE CITY RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF FAX NO: 806-763-9151 THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK E-MAIL: garrett@dacofire.com THAT THIS REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. PURCHASING MANAGER IF ANY LANGUAGE, REQUIREMENTS, 7 5- 2 7 9 4 2 4 4 ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE - PURCHASING MANAGER NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm?— YES_ NO IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. 71349-010-FO.doc ITS # 08-010-F0, Protective Bunker Gear -Annual Pricing By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the Unit d States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquir the o ubbock. At the City's discretion, such assignment shall be made and become effective at the time the City to the vendor. SALES Authorized Signature Title GARRETT DOBMEIER Print/Type Name 12-11-07 Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB#08.010•FO.doc - ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing AM FORM Protective Bunker Gear -Annual Pricing CITY OF LUBBOCK, TEXAS ITB #08-010-FO In compliance with the Invitation to Bid #08-010-FO, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid #08-010-FO is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. Appro Unit Of Unit Price* Extended Delivery Item XI.Y Qb Measure Description Bid Cost Days a. C. d. e. f. = b x e ARO** 60 Protective Coat, as specified herein. 1. (More EA $ $ or Less 1,069.00 64,140.00 75-QO 60 Protective Trousers, as specified herein. 2 (More EA $ $ or Less 688.00 41,280.00 75-90 60 Protective Suspenders, as specified herein 3. (More EA $ $ or Less) 42.00 2,520.00 111-71 Total bid items 1 2 and 3: Total per set price. $ $ a 7 5 - Q n OPTION 1: Replacement Thermal Barrier/Moisture Barrier Assembl A 60 EA Coat: Installed by Lubbock Fire $ $ Department n 5- Q n B 60 EA Pants: Installed by Lubbock Fire $ 3 0 Q. 0 0 $ 1 8, 5 G n, n n 7 4_ a (IDepartment OPTION 2: Re lacement Moisture Barrier on an existing Thermal Liner A J 60 1 EA ICoat: Installed by Manufacturer $ 2 6 2. 0 0 $ 1 5, 720 7 5_ o n B 60 EA Pants: Installed by Manufacturer $ o $ _ a *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO) PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net _ calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as ITBM-010-FO.doc 3 Y. r► _ Y 1TB # 08-010-FO, Protective Bunker Gear -Annual Pridng provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor _ Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES_ NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY n A c n F T R F. F Q u T p M F w T_ a corporation organized under the laws of the State of TEXAS , or a partnership consisting of individual trading as Finn: DACO FIRE EQUIPMENT, INC. Address:2 0 1 AVE. R City: M Firm LUBBOCK of the City of State: T X Zin 7941 S /WBE Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) 1 Authorized Representative - must sign by hand Officer Name and Title: G A R R E T T D O B M E I E R, SALES Please Print Business Telephone Number 8 0 6— 7 6 3— 0 8 0 8 FAX: 8 0 6— 7 6 3— Q 15 1 FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $25, 000): Date P.O./Contract Issued: or an LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 1TWS-010-F0.(kX 4 Authorized Representative - must sign by hand Officer Name and Title: G A R R E T T D O B M E I E R, SALES Please Print Business Telephone Number 8 0 6— 7 6 3— 0 8 0 8 FAX: 8 0 6— 7 6 3— Q 15 1 FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $25, 000): Date P.O./Contract Issued: or an LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 1TWS-010-F0.(kX 4 ITB # 0"10-FO, Protective Bunker Gear -Annual Pricing Protective Bunker Gear -Annual Pricing CITY OF LUBBOCK, TEXAS ITB #08-010-FO THE CITY OF LUBBOCK APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, AND ATTACHED SPECIFICATIONS. I. INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Protective Bunker Gear - Annual Pricing per the attached specifications. Scaled bids will be received no later than 3:00 P.M. CST, December 13, 2007, if date/time stamped on or before 3:00 P.M. at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. EACH BID AND SUPPORTING DOCUMENTATION MUST BE IN A SEALED ENVELOPE OR CONTAINER PLAINLY LABELED IN THE LOWER LEFT-HAND CORNER: "ITB #08-010- FO PROTECTIVE BUNKER GEAR -ANNUAL PRICING" AND THE BID OPENING DATE AND TIME. BIDDERS MUST ALSO INCLUDE THEIR COMPANY NAME AND ADDRESS ON THE OUTSIDE OF THE ENVELOPE OR CONTAINER Bids must be addressed to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver, bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form must be completed in blue or black ink or by typewriter. 1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be withdrawn, altered or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing authenticity. 1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. PRE -BID MEETING - DELETED 3 CLARIFICATION OF REQUIREMENTS 3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It is the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any lanMlage, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid closing date. A review of such notifications will be made. 3.� ITWS-01040.doc 5 • r �T ITS # 08-010-FO, Protective Bunker Gear -Annual Pricing Felix Orta, Senior Buyer City of Lubbock 1625 13" Street Lubbock, Texas 79401 Fax: (806)775-2164 FOrta@mylubbock.us RFPDepot: http://www.RFPdgpot.com 4 ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at hU://www.RFPdet)ot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours In advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 4.2 Any offeror in doubt as to the true meaning of, any part of the ITB or other documents may request an interpretation thereof from the Purchasing Department. At the request of the offeror, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addenda issued by the Purchasing Department. Such addenda issued by the Purchasing Department will be available over the Internet at hM://www.RFPdoot.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock. 4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these specifications. 5.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to - - " - comply, in every detail, with -all provisions and requirements of the Invitation to Bid. 6 BID SUBMITTAL 6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND TWO COPIES OF THE SEALED BID TO THE PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO SUBMIT THE ADDITIONAL COPIES MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. The original must be clearly marked "ORIGINAL" and the copies must be clearly marked "COPY". 6.2 Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in the space provided. Identify the item bid, including brand name and model number, if applicable. Enter unit price, extended cost, and delivery days in the columns provided. In the event of discrepancies in extension, the unit price shall govern. THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR BY TYPEWRITER. 6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE INCLUDED IN BID. Tax exemption certificates will be executed by the Purchasing Manager upon request. ITB#08.010-Fa.doc 6 ITS # 0"10-FO, Protective Bunker Gear -Annual Pricing 6.4 Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to be included in the bid. 6.5 Bids will not be considered unless bid F.O.B. delivered and include all delivM and packagingcosts. The number of calendar days required to place the materials in the City's receiving point under normal conditions must be shown on the Bid Form DO NOT quote shipping dates. Failure to indicate delivery days on the Bid Form will obligate Bidder to complete delivery in two weeks. A minimum of five days better delivery will automatically break a tie bid. Unrealistically short or undue long delivery promises may cause bid to be disregarded. Consistent failure of a bidder to meet delivery promises without a valid reason may cause removal from the bid list. 6.6 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price increases will not be considered. 6.7 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB, and all reports, charts, and other documentation submitted by bidders shall become the property of the City of Lubbock when received. 6.8 If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. 6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 7 BID PREPARATION COSTS 7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay ly costs incurred in the preparation and submission of a bid. Also, should a bidder bid an alternate, any test costs to prove equality of product will be at the expense of the bidder, not the City of Lubbock. 7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 8 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 8.3 Marking your entire bid CONFIDENTIALTROPRIETARY is not in conformance with the Texas Open Records Act. 9 LICENSES, PERMITS, TAXES 9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. IT13#08-010-170.doc . t ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing 10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS 10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 10.2 A HUB is defined as a small business concern which is at least 51 % owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51 % of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. 11 CONFLICT OF INTEREST 11.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 11.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 12 AUTHORIZATION TO BIND SUBMITTER OF BID 12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by an officer of the company authorized to bind the submitter to its provisions. Person signing bid must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign bid will disqualify it. 12.2 The bid submitted by the bidder shall become an integral part of the contract between the City and the Bidder and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or corporation executing the same. 13 BID AWARD 13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Lubbock. In determining the best value for the City of Lubbock, the City may consider: a) The purchase price; b) The reputation of the of the bidder and of the bidder's goods or services; c) The quality of the bidder's goods or services; d) The extent to which the goods or services meet the City's needs; e) The bidder's past relationship with the City; f) The impact on the ability of the City to comply with laws and rules relating to contracting with Historically Underutilized Businesses and non-profit organizations employing persons with disabilities; g) The total long-term cost to the City to acquire goods or services; and h) Any relevant criteria specifically listed in the Invitation to Bid. 13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City may award the bid either item -by -item or on an all - or -none basis for any item or group of items shown on the Bid Form. 13.3 All bids are evaluated for compliance with specifications before the bid price is considered. Failure to comply with the listed General Conditions may result in disqualification of bid. 13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding on any commodity could be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. ITB#08-010-FO.doc 8 a , t ITB # 08-010-FO, Protective Bunker Gear -Annual Pridng 13.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 13.6 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 13.7 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 13.8 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders are those that have, in the sole judgment of the City, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. The City may also consider references and financial stability in determining a responsible Bidder. 14 EQUAL EMPLOYMENT OPPORTUNITY 14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violative of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws. 15 SPECIFICATIONS 15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive and NOT restrictive, and are used to indicate type and quality level desired. Bids on brands of like nature and quality may be considered unless specifically excluded. 15.2 If bidding on other than reference or specifications, bid must show manufacturer, brand, trade name, catalog and/or lot number, etc., on article offered and certify article offered is equivalent to specifications. If other than specified brand of items are offered, specifications, catalog sheets, illustrations and complete descriptive literature must be submitted with bid. 15.3 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. The City of Lubbock specification committee will be the sole determiner of what constitutes a minor deviation. 15.4 The City may deem it necessary to specify Approved Brands after conclusive testing, prior to usage or standardization. The City may test any sample(s), supplied free of charge, to qualify for the Approved Brand list. Each sample must be marked with bidder's name and address. At bidder's request and expense, the sample(s) not destroyed or used in examinations and testing will be returned. 15.5 When specifications call for samples to be submitted, samples shall be delivered by the bidder, at bidder's expense, five days prior to the opening of bids. Each sample shall be clearly tagged to show bidder's name and address and item number. 15.6 The City of Lubbock reserves the right to determine which specific items on any specification requirements require strict adherence, or are most important, and those that are not, or requiring a lesser degree of importance (i.e., the shade of paint is far less important than the horsepower of a motor). Such determination can and will be a basis for evaluating, recommending and making award. The City will, at its sole discretion, assess warranty offered, and utilize life -cycle costing and/or performance factors as the evaluation method and basis for award. The low bid most closely meeting specifications is usually the bid given the award, although delivery time is sometimes a necessary factor (i.e., a low bid that best meets specifications will not do us much good if delivery is two years from now). Should a requested specification sheet not be submitted with a bid, this is considered non -responsive and therefore may not be considered. PLEASE READ AND RESPOND TO SPECIFICATION REQUIREMENTS CAREFULLY. 16 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS 16.1 Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives ITB#08-010-FO.doc ITB # 08-0t0-FO, Protective Bunker Gear -Annual Pricing one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with: (1) the lowest bidder, or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. 16.2 This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. 16.3 In order to receive consideration, bidders must submit an Affidavit of Eligibility. 17 QUALIFICATIONS OF BIDDERS 17.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that the Bidder or his Subcontractor has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The Bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the Bidder's or his Subcontractor's qualifications. 17.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the Bidder or his Subcontractor to perform the work, and the Bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the Bidder fails to satisfy the City of Lubbock that the Bidder or his Subcontractor is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the Bidder's or his Subcontractor's qualifications shall include: a) The ability, capacity, skill, and financial resources to perform the work or provide the service required; b) The ability of the Bidder or his Subcontractor to perform the work or provide the service promptly or within the time specified, without delay or interference; c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his Subcontractor; d) The quality of performance of previous contracts or services. 18 ANTI -LOBBYING PROVISION - - 18.1 DURING THE PERIOD BETWEEN BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 18.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. ITB#08-010•F0.doc 10 ITB # 08-010-FO, Protedve Bunker Gear -Annual Pricing 19 UTILIZATION OF LOCAL BUSINESS RESOt9CE§ 19.1 The City desires, as much, as practicable, to stimulate growth in all sectors of the local business community. Bidders are strongly encouraged to explore and implement methods for the utilization of local resources. 20 PROTEST 20.1 All protests regarding the bid solicitation process must be submitted in writing to the City Purchasing Manager within five (5) business days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the bidding process. This limitation does not include protests relating to staff recommendations as to award of this bid. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. 20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 21 BIDDING ITEMS WITH RECYCLED CONTENT 21.1 In addressing environmental concerns, the City of Lubbock encourages Bidders to submit bids or alternate bids containing items with recycled content. 21.2 When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. 22 CONTRACT TERM AND PRICING 22.1 The contract shall be for a term of one-year, said date of term beginning upon City Council date of formal approval. The City and Contractor may, upon written mutual consent, extend the contract for two additional one-year periods. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 22.2 Listed quantities are estimates only. Actual quantities may vary dependent upon usage/requirement. The City of Lubbock is aware of the time and effort you expend in preparing and submitting bids to the City. Please let us know of any bid requirement causing you difficulty in responding to our Invitation to Bid. We want to facilitate your participation so that all responsible vendors can compete for the City's business. Awards should be made approximately two to six weeks after the opening date. If you have any questions, please contact the City of Lubbock Purchasing Manager at (806) 775-2165. )TB#08.010-FO.doc 11 ITB # 08-010-170, Proteclive Bunker Gear -Annual Pricing 11. GENERAL CONDITIONS **** PLEASE READ CAREFULLY **** These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shall mean the City of Lubbock. 1 QMMJities: The quantities appearing in this Invitation to Bid are approximate only and the City reserves the right to increase, decrease or delete any or all items. If the quantities of materials to be furnished are increased, such increase shall be paid for according to the unit prices established for the item. In making its bid hereunder, the Seller expressly recognizes the rights of the City provided herein, and further recognizes that the Seller shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted. Product Guarantee: Seller guarantees equipment or product offered will meet or exceed specifications identified in this bid invitation. The Seller shall, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specifications, the Seller shall upon written request from the City, promptly remove such equipment or product without any further expense to the City. At the City's request, Seller will provide evidence sufficient to demonstrate such equipment or product meets the foregoing. Invoices: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Seller shall not be in default under the terms of the contract, and until the above_ instruments are submitted after delivery. CITY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES. Delivery Delay; When delivery delay can be foreseen, the Seller shall give prior notice to the Purchasing Manager, who shall have the right to extend the delivery date if reasons for delay appear acceptable. The Seller must keep the Purchasing Manager informed at all times of the status of the order. Default in any manner under the contract, including, but not limited to default on promised delivery, without acceptable reasons, or failure to meet specifications hereunder authorizes the Purchasing Manager to purchase goods elsewhere and charge any increase in cost and handling to the defaulting Seller, and/or exercise any and all rights available to it by law, equity and/or under the terms of the contract. Every effort will be made by the Purchasing Office to locate the goods at the same or better price as than originally contracted. 5 No Warranty By The City Against Infringements: As part of the contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of any ,third person by way of infringement of the like. The City makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall The City be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like will result, he will notify the City to this effect in writing within two weeks after the signing of the contract. If the City does not receive notice and is subsequently held liable for the infringement or the like, Seller will save The City harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 6 Gratuities: The City may, by written notice to the Seller, cancel the contract or purchase order without liability to Seller if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7 Warranty -Price: a. The price to be paid by the City shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current prices on orders by other parties for products of the kind and specification covered by the contract for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches ITUM-010-FO.doc 12 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by other, or in the alternative. The City may cancel the contract without liability to Seller for breach or Seller's actual expenses. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for commission, percentage brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty the City shall have the right in addition to any other right or rights to cancel the contract without liability and to deduct from the Contract price, or otherwise recover the full amount of such claimed commission, percentage, brokerage, or contingent fee. 8 Cancellation: The City shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent and/or files bankruptcy or has bankruptcy filed against it. Such right to cancellation is in addition to and not in lieu of any other remedies which the City may have in law, equity or hereunder. 9 Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for each chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of warning label on the container) to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally known as the Right to Know Law.) 10 Termination: The contract or purchase order may be terminated in whole, or in part by the City. Termination hereunder shall be effected by the delivery to the Seller of a "Notice of Termination" specifying the extent to which the contract or purchase order is terminated and the date upon which such termination becomes effective. In the event of said termination, in whole or in part, provided that Seller shall not be in default under the Contract, the Seller shall be entitled to payment only for goods actually delivered, and/or services actually performed under and in compliance with the terms of the contract or purchase order. 11 Force Majeure: Neither patty shall be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood. 12 Assienment-Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Seller without the written permission of the City. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 13 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 14 Interpretation -Parole Evidence: This writing, plus any specifications for bids and performance provided by the City in its advertisement for bids and any other document provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in the contract, the definition contained in the Code is to control. 15 Applicable Law: The Contract shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of the contract. 16 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of this intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 17 Indemnification: Seller shall indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subcontractor or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom ITBt108-010-FO.doc 13 t �• r ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Seller shall, at its own expenses, satisfy discharge the same. Seller expressly understands and agrees that any bond required by the contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 18 Nonappropriation: All fiords for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then - current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 19 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Seller to meet the time specifications of the contract will cause Seller to be in default of the contract. 20 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. 21 Environmental Stewardship The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound environmental performance by controlling and mitigating the environmental impact of City activities, operations, and services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to provide services and materials to the City are required to uphold an equally high standard. To that end all contractors and suppliers hired by the City agree to maintain full compliance with any and all applicable environmental regulations. In addition, contractors and suppliers agree to implement whatever processes and procedures necessary to reduce and eliminate pollution and wastes and conserve natural resources while under contract with the City. To the greatest extent possible, while still delivering the highest quality service or material, City contractors and suppliers, as well as any sub- contractors under their supervision, will: • minimize waste and pollution generation; • conserve natural resources and energy; • minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and _ - products; • use the highest available post -consumer content materials and products; • recycle and/or reuse as much as is possible, waste materials; and • incorporate into project design energy efficient fixtures, appliances and mechanical equipment. The City Right to Audit At any time during the term of this thereafter the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. ITB#08-010-FO.doc 14 r 1TB # 08-010-FO, ProtecUve Bunker Gear -Annual Pricing SUSPENSION AND DI9J§ARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more Can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANYNAME: DACO FIRE EQUIPMENT, INC. Signature of Company Official: Date Signed: 1 2— 1 1— 0 7 Printed name of company official signing above: G A R R E T T D O B M E I E R ITBA08-010-FO.doc 16 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with: (1) the lowest bidder, or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. In order to receive consideration, bidders must submit this affidavit to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13'b Street, Room 204 Lubbock, TX 79401 Complete all areas below. Incomplete affydavlts may be rejected. Local Business Name: D A C O FIRE EQUIPMENT, INC. Local Address (must be within the City limits): 2 0 1'AVE. R LUBBOCK, TX 7 9 4 15 Address of the company's principal place of business within the United States: 2 0 1 AVE. R LUBBOCK, T X 7 0 4 1 5 1. How many residents of the City of Lubbock are employed at the above business location? 4 2. Year your business was established in the City of Lubbock: 1962 3. For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number: 17527942449 Company Name and Address (as it appears on permit): DACQ FIRE EQUIPMENT 2nI AVF.- R LUBBOCK, TX 79415 4. Does your business have more than one office in the State of Texas? Yes X No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: 5. Was the local business required to pay business and/or real property tax for the most recent tax year? X Yes No If Yes, did the local business pay any of this tax to the City of Lubbock? —X _ Yes No Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, firm, corporation or entity inter ' ally submitting false information to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City ock d services for a period of one (1) year. Authorized Signature: Date: 1 2— 1 1— 0 7 Printed Name and Title: GARRETT DOBMEIER, SALES ITB#08.010-FO.doc 17 ITB # 08-010+0, Protective Bunker Gear -Annual Pricing LIIBB6CK ME DEPARTMENT SPECIFICATIONS FOR PROTECTIVE CLOTHING FOR STRUCTURAL FIRE FIGHTING November 2007 INSTRUCTIONS TO BIDDERS — GENERAL REQUIREMENTS It shall be each bidder's responsibility to be thoroughly familiar with these specifications before submitting their bid. Any questions about these specifications must be submitted in wtiting and must be received by the Purchasing Manager no later than five (5) business days prior to the bid closing date. NOTE: No changes to the specifications will be made unless issued in writing in the form of an addendum. The Lubbock Fire Department intends to establish a contract for the purchase of structural fire fighting protective coats and trousers as well as replacement components (outer shells, thermal liner and moisture barrier assemblies, individual thermal liners and individual moisture barriers). The contract shall be for twenty-four (24) months, and the department shall have the option of renewing the contract for up to three (3) additional twelve (12) month periods under the same terms and conditions, with the exception that renewal terms will incorporate any price increase agreed upon by the City of Lubbock Purchasing Division and the Lubbock Fire Department. The maximum price increase that will be considered by the City at renewal shall be limited to that documented by the manufacture's published price list. The Department ESTIMATES that it will purchase between XX and XX sets of gear during each twelve (12) month period. Bidders must understand this is only an estimate. Garments will be purchased at the department's discretion on an "as needed" basis. The actual number of garments purchased may be less than or more than the estimated quantities. The Department ESTIMATES that it will purchase the same number of replacement thermal barrier and moisture barrier assemblies as the number of complete garments that are purchased on this contract. Bidders must understand this is only an estimate. Replacement thermal barrier and moisture barrier assemblies will be purchased at the Department's discretion on an "as needed" basis. The actual number of replacement thermal liner and moisture barrier assemblies purchased may be less than or more than the estimated quantities. The Department may choose to buy individual thermal liners or individual moisture barriers instead of complete thermal liner/moister barrier assemblies. In this case it will be the manufacture's responsibility to install the individual thermal liners or moisture barriers into the completed thermal liner/moisture barrier assembly; the Department will then install the completed assembly into the outer shell. The Department cannot give an estimate of the number of individual thermal liners or individual moisture barriers it will be purchasing. Individual thermal liners and/or individual moisture barriers will be purchased on an "as needed" basis. The Department may also choose to buy replacement outer shells. These replacement outer shells must be fully compatible with the outer shells that they are replacing. The Department cannot give an estimate of the number of replacement outer shells it will be purchasing. Replacement outer shells will be purchased on an as needed basis. The delivery of garments for all orders other than "Rush" orders shall be required within 80 days of the receipt of the order. The Department shall reserve the right to order up to twenty (20) sets of gear during each contract period on an expedited (rush) basis. The delivery of garments for all "Rush" orders shall be required within 45 days of the receipt of the order. There shall be no additional charge or fee for a "Rush" order. The Lubbock Fire Department will fax each order to the bidder/manufacturer during normal business hours. The date on the fax confirmation printed by the Fire Department's fax machine shall serve as the documentation for determining compliance with the delivery requirements. The calendar day immediately following the date of the fax confirmation shall be the first day of the delivery period. All deliveries shall be made to the Lubbock Fire Department, Fire Administration Complex, 1515 East Ursuline, Lubbock, TX 79403. Bidders must understand that adherence to the delivery schedule is essential, and failure to comply with the delivery requirements will result in damage to the City of Lubbock. Therefore, the successful bidder will pay the City five percent (59/6) of the invoice price of each item received after the specified delivery time, but within ten calendar days of the specified delivery time. For every calendar day over ten (10) that an item is late, the bidder will pay the City an additional one percent (1%) of the invoice price. Such sum may be deducted from payments IT8#08-010-FO.doc 18 ITB # 0"10-FO, Protective Bunker Gear -Annual Pricing due or payments to become due to the bidder as liquidated damages. Such liquidated damage amounts are not to be considered a penalty, but shall be deemed taken and treated as reasonable liquidated damages. The bidder/manufacturer shall send a properly trained representative to measure personnel for each order, or provide training on the proper measuring method for selected members of the Support Services Division. In either case, the bidder/manufacturer shall be responsible for fit and shall alter garments as necessary to achieve a proper fit at no charge to the Lubbock Fire Department. The bidder/manufacturer shall be responsible for all transportation costs incurred. The bidder/manufacturer shall guarantee that the garments provided meet all of the requirements set forth in these specifications. Should it be found that the garments do not meet the requirements of these specifications and/or any alternatives accepted by the Lubbock Fire Department, the bidder/manufacturer shall be required to make any corrections at no charge to the Lubbock Fire Department. The bidder/manufacturer shall be responsible for all transportation costs intuited. The bidder/manufacturer shall provide a limited lifetime warranty against material and workmanship defects in its products when used by appropriately trained personnel following accepted procedures and when the products' warnings, use and care instructions have been properly followed. Any defects in material or workmanship shall be corrected/repaired by the manufacturer at no charge to the Lubbock Fire Department. The bidder/manufacturer shall be responsible for all transportation costs incurred. Documentation confirming the warranty being provided shall be fuished with the bid. The bidderlmanufacturer shall provide training for one (1) to three (3) selected members of the Lubbock Fire Department on the proper care, maintenance and inspection of garments. This should include all necessary information about acceptable cleaning products and cleaning methods as well as comprehensive instructions on inspecting garments for signs of wear or damage. This training shall be provided by an employee of the garment manufacturer who is well qualified to provide such training. This training may be conducted at the manufacturer's facilities or at the Lubbock Fire Department's facilities. In either case, all expenses associated with providing this training (including travel, lodging, meals, etc.) shall be the sole responsibility of the bidder. NOTE: This training must be provided one time during the initial year of the contract. Any additional training will not be the responsibility of the bidder/manufacturer. The bidder/manufacturer shall have an in-house repair facility available to the Lubbock Fire Department for non -warranty related repairs on a fee per repair basis or have a written agreement with a cleaning and repair service that authorizes the cleaning and repair service to complete repairs on the manufacturer's garments. If repairs are to be handled by a cleaning and repair service, documentation confirming the manufacturer's agreement with the cleaning and repair service shall be furnished with the bid. NOTE:_ Any cleaning and repair service that is used must be acceptable to both the manufacturer and the Department. If, for any reason, the manufacturer or the Department objects to using a particular cleaning and repair service, a different cleaning and repair service must be utilized. The manufacturer shall supply a list of cleaning and repair services that are authorized to complete their repair work. The Lubbock Fire Department will not consider "minor" design, style, and construction alternatives to some of these specifications, however any proposed ALTERNATIVE shall be submitted in writing to the City of Lubbock, XXXXXXXXXXXXXX, Lubbock, Texas, no later than Month, Day, Year at Time. The envelope containing the alternate must be identified with the bid number Bid Number and marked "ALTERNATE BID". Each alternative must be clearly identified and explained. Adequate documentation must be submitted to show that the proposed alternative provides an equivalent or enhanced level of performance to that specified. The Lubbock Fire Department will decide if an alternative is acceptable and shaU be the sole judge of which garments and/or alternatives best meet the needs of the Department. The decision of the Lubbock Fire Department shall be final. If the proposed alternate is deemed acceptable, an addendum will be issued. If the alternate is rejected, a written letter of explanation will be sent to the vendor. The Lubbock Fire Department will issue responses by Day. Month, Day Year to the alternates submitted. ITMOS-010-FO.doc 19 ITB # 06410-FO, Protective Bunker Gear -Annual Pricing The Lubbock Fire Department may, at their discretion, require the apparent successful bidder to submit a sample coat and sample trousers manufactured to these specifications within 14-21 working days of notification. The sample will be inspected for compliance with these specifications, compliance with NFPA standards, and quality of workmanship. The sample will be disassembled as necessary to facilitate the inspection. If the sample passes inspection, it shall be repaired as necessary by the bidder/manufacturer at no cost to the Lubbock Fire Department. The sample will then be accepted as the first item, or items, of the order. If the sample does not pass inspection, the Lubbock Fire Department reserves the right to return the sample to the manufacturer for corrections or to reject the sample, return it to the manufacturer, and contact the next apparent best bidder. NOTE: Should the apparent successful bidder be one with whom the Lubbock Fire Department has no recent experience, the bidder will be required to submit a sample coat and trousers manufactured to these specifications within 14-21 working days of notification for inspection. Failure to do so shall disqualify the bidder. The awarding of this contract will be based on a Best Value Basis. The Lubbock Fire Department will be the sole and final judge as to what is the best value for the department. The factors that will be taken into consideration when judging the best value include, but are not limited to, the following items that are listed in order of importance: 1. The design, features, and performance offered for the coat and pants; 2. The cost of each coat, pants and suspenders; 3. The cost of replacement thermal liner and moisture barrier assemblies; 4. The cost of replacement thermal liners and replacement moisture barriers; and, 5. The cost of the options called for in these specifications. M#08-01040.doc 20 •' y' n ITS # 08-010-FO, Protective Bunker Gear -Annual Ncing LUBBOCK FIRE DEPARTMENT SPECIFICATIONS FOR PROTECTIVE CLOTHING FOR STRUCTURAL FIRE FIGHTING GENERAL GARMENT REQUIREMENTS 1-1 The design, materials, workmanship, construction, and performance of these garments shall meet or exceed the requirements of the most current Edition of NFPA 1971, Standard on Protective Ensemble for Structural Fire Fighting. Should there be a conflict between the design criteria, performance requirements, materials, or construction methods in these specifications and the NFPA Standard, the more stringent requirement shall apply. 1-2 The protective garments shall be coats and trousers that have been designed and constructed to provide adequate coat/trouser overlap of all three layers (outer shell, moisture barrier, and thermal liner) to protect the wearer when bending, crawling, or stretching as required by the current edition of NFPA 1500, Standard on Fire Department Occupational Safety and Health Program. 1-3 Garments shall be third party tested, certified, and listed for compliance to the most current Edition of NFPA 1971 by SEI (Safety Equipment Institute) or UL (Underwriters Laboratories). Documentation from a third party testing/certification organization confirming that the garments bid are certified and listed shall be furnished with the bid. 1-4 Garments shall be of modular design so thermal liner/moisture barrier assemblies and outer shells of the same size are interchangeable, allowing a barrier assembly or outer shell to be replaced without replacing the entire garment. 1-5 Neoprene coated needle punch and/or other neoprene -coated materials are not permitted unless called for by these specifications. Exceptions: Neoprene -coated FR polyester/cotton binding tape may be used. Neoprene may be used to waterproof the radio pocket. Neoprene may also be used to supplement the waterproofing in the knee area. 1-6 Garment composites (consisting of outer shell, moisture barrier, and thermal liner) shall exhibit a Thermal Protective Performance (TPP) of not less than 38 when tested in accordance with the most current Edition of NFPA 1971. Additionally, there shall be a "thermally enhanced zone" that shall have a TPP rating exceeding 38. Documentation confirming the TPP rating of the garments and the "thermally enhanced zone" shall be provided by the third party testing/certification organization or the manufacturing mill and furnished with the bid. The "thermally enhanced zone" is defined in Coat Thermal Reinforced Yoke of these specifications. Garment composites (consisting of outer shell, moisture barrier, and thermal liner) shall exhibit a Thermal Heat Loss (THL) of not less than 205 when tested in accordance with the most current Edition of NFPA 1971. Documentation confirming the THL rating of the garments shall be provided by the third party testing/certification organization or the manufacturing mill and furnished with the bid. 1-7 Nomex thread of a size and type sufficient to meet or exceed the requirements of the most current edition NFPA 1971 shall be used in the construction of these garments. 1-8 All hook and loop material used in the construction of these garments shall be high quality, heavy duty and fire retardant. Garments shall be designed, and all hook and loop material installed, in such a manner that the hook and loop is completely covered when the garments are properly worn during fire fighting operations. 1-9 All stress points such as pockets, flaps, zippers, storm flap, tabs, and other areas requiring reinforcement shall be reinforced using bar tacks. Rivets shall not be acceptable as reinforcements. 1-10 All hardware attachments (hook and dees, snaps, rivets, etc.) shall be properly reinforced. IT648-010-FOA= 21 ITB # 06-010-FO, Protective Bunker Gear -Annual Pricing JANESV Lt,E® V-FOII CETM or EQUAL PROTECTIVE CLOTHING SPECIFICATION NFPA 1971, 2007 EDITION SCOPE: The purpose of the clothing is to provide protection during structural fire fighting operations where there is a threat of fire or when certain physical hazards are likely to be encountered, such as during non -fire -related rescue operations, emergency medical operations, and victim extrication. COMPLIANT EXCEPTION STANDARDS: All garments prod shall meet or exceed the criteria set forth in the current edition of NFPA 1971 PROTECTIVE CLOTHING FOR STRUCTURAL FIRE FIGHTING, FED -OSHA CFR 1910, Subpart L, OHSA 29 CFR Part 1910.1030 and/or the requirements of CAL -OSHA title 8, Article 10.1, Para. 3406. All components and composites used in the construction of garments shall be third party tested, certified and listed for compliance to NFPA 1 71. The label of the third party tester shall denote certification. COMPLIANT EXCEPTION The manufacturer shall be registered to the ISO Standard 9001 to assure a satisfactory level of quality. . The manufacturer shall not sub -contract the sewing of any garment component unless the sub -contractor is also certified to the requirements of ISO 9001 and has been listed as a sub -contractor. 4COMPLIANT EXCEPTION COMPOSITE PERFORMANCE: The garment composite, consisting of the outer shell, moisture barrier and thermal liner, shall provide a Thermal Protective Performance (TPP) of not less than 38 when tested in accordance with NFPA 1971 standard. COMPLIANT EXCEPTION The garment composite, consisting of the outer shell, moisture barrier and thermal liner, shall provide a Total Heat Loss (THL) of not less 205 when tested in accordance with NFPA 1971 standard. COMPLIANT EXCEPTION The Heat Transfer Index rating shall be 25 seconds for the shoulder when measured at 2 psi (pounds per square inch) and 25 seconds for the knee when measured at 8 psi. 4COMPLIANT EXCEPTION SEPARABLE OUTER SHELL MATERIAL: 7.5 oz/sq. yd 60% KEVLAR®/20% NOMEX81IF200/o Zylon® ripstop weave with water/stain repellent finish. Color shall be dark gold. ADVANCE ULTRArm COMPLIANT EXCEPTION SEPARABLE MOISTURE BARRIER MATERIAL: NOMEX substrate laminated to a lightweight breathable, CROSSTECHO (Type 2C), Teflon® membrane; weighing 5.0 ozJsq. yd. —X—COMPLIANT EXCEPTION ITBM-010-FO.doc 22 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing nr SEPARABLE THERMAL LINER MATERIAL: 3.5 oz./sq. yd. GlideTM (NOMEX(& filament/spun) face cloth quilted to one layer E-89TM spunlace aramid 85%NOMEX8/15% KEVLAR® weighing approximately 2.3 oz./sq. yd. With a Teflon® finish. And one layer of apertured (11-13 apertures/sq. inch) E-89TM spunlace aramid 85% NOMEX&15% KEVLAR® weighing approximately 1.5 ozJsq. yd- With a Teflon® finish. (Total weight +/- 7.3 oz./sq. yd.) 0 ACOMPLIANT EXCEPTION STRESS POINTS: All outer shell stress points, including top and bottom pocket corners, pocket flap corners, top and bottom of storm flap/fly shall be reinforced using a 42 stitch minimum bar tack. �COMPLIANT EXCEPTION REFLECTIVE TRIM: All trim shall( `be sewn with four rows lockstitch 301, minimum six stitches/inch for most secure trim attachment. All trim shall be 3" ScotchliteTm lI (triple trim) of red/orange, for Chief Officers, or lime/yellow, for FF, EO, LT, and CPT Coat trim shall be applied as follows: Viz-a-V Pattern: One 3" strip shall be set full circumference at the bottom sweep of the outer shell; one 3" strip shall be set around each sleeve approximately 2" above the cuff, one 3" strip shall be set around each sleeve just above the elbow; one 3" strip shall be set full circumference at the chest; two 3" V shaped vertical strips shall be set at an angle from hem trim to back chest trim of the coat. Additional strip shall be set vertical down flap of fallen man harness. Pant trim shall be applied as follows: One strip set full circumference around the bottom of the cuff 2"/3" from the bottom cuff. TCOMPLIANT EXCEPTION SIZES: Coats shall be made available m even chest sizes with corresponding sleeve lengths available in short, regular, and long. Pant sizes shall be made available in even waist sizes with inseam lengths available in extra short, short, regular and long. Male and female sizing available. COMPLIANT EXCEPTION LABELING: Each garment shall have a garment label(s) permanently and conspicuously attached stating at least the following language, as well as detailed warning instructions provided by the manufacturer. Do Not Remove This Label THIS STRUCTURAL FIREFIGHTING PROTECTIVE GARMENT MEETS THE GARMENT REQUIREMENTS OF NFPA 1971, 2007 EDITION MADE IN THE U.S.A. COMPLIANT EXCEPTION TRACKING LABEL SYSTEM: There shall be a PDF417, two dimensional bar code label permanently affixed to each garment for tracking purposes. The bar code shall contain a minimum of the following information: a. unique serial number b. item description (brand, model, material color) C. lot information (date of mfg., size, etc.) d. material description e. the standard to which the garment is compliant The bar code shall be able to withstand customary wash and wear cycles. The PDF417 bar code must incorporate a minimum of a 30% "error correction" capability. COMPLIANT EXCEPTION IT8#08-010-FO.doc 23 :s ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing USER INFORMATION GUIDE: Each garment shall include a User Information Guide with information required by NFPA 1971. This guide shall include: (a) Pre -use information: • Safety considerations. • Limitations of use. • Garment marking recommendations and restrictions. • A statement that most performance properties of the garment cannot be tested by the user in the field. • Warranty information. (b) Preparation for use: • Sizingladjustment. • Recommended storage practices (c) Inspection: • Inspection frequency and details. (d) Don/Doff. • Donning and doffing procedures. • Sizing and adjustment procedures. • Interface issues. (e) Use: • Proper use consistent with NFPA 1500, Standard on Fire Department, Occupational Safety and Health Program, and 29 CFR 1910, 132. (f) Maintenance and Cleaning: • Cleaning instructions and precautions with a statement advising users not to use garments that are not thoroughly cleaned and dried. • Inspection details. • Maintenance criteria and methods of repair where applicable. • Decontamination procedures for both chemical and biological contamination. (g) Retirement and disposal: • Retirement and disposal criteria and considerations. (h) Drag Rescue Device (DRD) • Use, inspection, maintenance, cleaning and retirement of the DRD. , COMPLIANT EXCEPTION WARRANTY: Each garment shall have a limited lifetime warranty against defects in material and workmanship which should be registered using the internet address on the provided sticker with each garment. COMPLIANT EXCEPTION ITB#08.010•FO.doc 24 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing V-FORCETM COAT OR EQUAL COAT CONSTRUCTION: The coat is designed of a 3-panel construction in all layers of our innovative V-fit design for optimum comfort and mobility. When measured at the center of the back from the collar seam to the hem bottom, the coat shall measure - 32", or 35" long. (29" or 32" female) Sleeves shall be of raglan design. COMPLIANT EXCEPTION MOISTURE BARRIER/THERMAL LINER CONSTRUCTION: Design shall be compatible with the outer shell so that the liner does not buckle, pull, or otherwise restrict body motion. The left and right fronts of the moisture barrier/thermal liner shall be attached to the facings at the front closure of the outer shell. The neck of the moisture barrier/thermal liner shall be secured to the neck of the outer shell collar such that when donning the coat an arm may not be accidentally caught between the outer shell and its inner linings along the neck between the armholes. Liner shall have a 4" wide, CROSSTECH®/NOMEXV pajama check extension sewn the full length of the neck with FR loop 3/4" wide sewn along entire edge and on both sides at the end. There will also be a 4" wide, piece of Black NOMEXV with a 2" piece of self material extension sewn the full lend of the neck with FR hook 3/4" wide sewn along the entire edge of the Black NOMEX® Five female snaps will be spaced along the edge of the self material for attachment to the outer collar. COMPLIANT EXCEPTION The liner shall have one (1) 8.5" x 8.5" internal pocket which shall be made of black outer shell material. The liner pocket shall be located on the left side of coat liner. Quilt Thermal Liner Construction: The CROSSTECH&NOMEX0 pajama check moisture barrier shall be completely sevarable from the thermal liner at its perimeter by,means of hook and loop and snaps. This allows for total inspection of the moisture barrier and the replacement of only one component as needed without the expense of having to replace the entire liner system. All moisture barrier seams shall be sealed as required by NFPA 1971. The moisture barrier/thermal liner shall finish no more than 1" from the cuffs and 2" from the hem. COMPLIANT EXCEPTION MOISTURE BARRIERIMRMAL LINER ATTACEMENT: Completely Removable: The moisture barrier/thermal liner shall be completely detachable from the outer shell for ease of cleaning by the use of hook and loop, zippers, and snaps. There shall be a brass zipper and two snaps down each front facing, hook and loop shall also be located around the entire neck opening. In addition, there will be a snap for alignment along the bottom of the liner, and one snap and hook and loop at each sleeve end. 4— COMPLIANT EXCEPTION COLLAR: The collar shall be of three piece contoured 4-layer configuration such that when the collar is raised it shall remain standing while providing continuous thermal and moisture protection around the neck and face. To ensure this protection, the two layers of outer shell collar shall be fully lined with one layer of Gore RT7100TM PTFE moisture barrier material and two layers of 1.5 oz. apertured E-89TM thermal liner. The collar shall provide proper interface with liner to insure no moisture penetration through the collar seam to inside of coat. The collar shall be contoured and shall completely cover the neck and throat area when in the raised position. Raised height shall be approximately three inches with a contoured overlap at the front of the coat. Collar closure shall be provided by FR hook and loop 1.5" x 4", with hook portion sewn on right side of collar, and loop portion sewn on left, set horizontal. Collar shall be of such design so as not to interfere with SCBA facemasks, nor helmet. Collar shall close from right to left. 113M-010-170.duc 25 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing When examined prior to donning, the turned -up collar shall completely wrap around the front of the neck opening such that left and right collars touch or overlap to maximize facial protection. The three piece contoured 4-layer collar shall be sewn with a pleat on the innermost layer. Pleat shall have 3/4" FR book sewn on the underside to engage the moisture barrier extension on the liner. COMPLIANT EXCEPTION THROAT STRAP: The throat strap shall be of 4-layer configuration providing continuous thermal and moisture protection around the neck and face. The throat strap shall be mounted to the outer shell collar to ensure that when the coat is closed and the collar is raised, the throat strap shall prevent any opening between the left and right collar. To ensure this protection, the inside of the throat strap shall be fully lined with one layer of Gore RT7100TM PTFE moisture barrier material and two layers of 1.5oz apertured E-89Tm thermal liner. The outer most layer of the throat strap shall be outer shell material. The innermost layer facing the wearer's body shall be outer shell fabric. The throat strap shall be mounted to the outer shell collar 3.5" back from the collar facing and shall be not less than I I" long and 4" wide, contour shaped to be compatible with the SCBA facemask and secured in the stowed position with 2"x 2" FR loop on the right outside of the collar. 2" x 2" FR hook shall be sewn to the end of the throat strap and 2"x 3" corresponding FR loop shall be sewn to the outer shell material on the left side of the collar to provide maximum adjustment when wearing an SCBA breathing apparatus mask. The throat strap will close from the right to the left. COMPLIANT EXCEPTION DRAG RESCUE DEVICE (DRD): The Fire Fighter Recovery HarnessTM shall be constructed of a one and one-half inch wide KEVLAR8_ strap that shall be installed between the outer shell and the thermal liner. This harness shall have a hand loop (16" in circumference) that exits the outer shell through a 2" polymer coated aramid reinforced slot on the back of the coat just below the collar and is held in place by means of a piece of 1.5" x 2" hook on the strap and a piece of 1" x 2" loop attached to the outer shell. This strap is then secured under a 2.25" x 5.25" flap that is sewn in at the neck /collar area. Two pieces 1" x 2" loop shall be set vertically on shell to align with two pieces of 1" x 2" hook set vertically to the underside of the flap. The harness is also held in proper alignment by means of a 2" x 2" piece of loop placed on the inside of the outer shell just above the chest trim that corresponds to a piece of LYN 2" hook located on the harness. Two 1" x 3.5" self -fabric straps with 1" x 2" hook on one end and 1" x 2" loop on other end shall be set to coat in the shoulder cap area to keep straps in proper position for use. PURPOSE OF THE HARNESS Fire Fighter Recovery Harness (Harness) provides mechanical leverage for dragging a downed and incapacitated structural firefighter from a life-threatenm environment. The design of the Harness enables the rescuer to drag the downed firefighter in line with the axis of the firefighter's skeletal frame, in order to decrease the risk of further injury. This product is only for structural firefighting operations. - COMPLIANT EXCEPTION HANGER LOOP: An external hanger loop constructed of a double layer of outer shell material and reinforced with two 42- stitch bartacks shall be provided on the outside of the coat at the collar seam. It shall be designed to provide long service and shall not tear or separate from the coat when the coat is hung by the hanger loop, loaded evenly with a weight of 80 lbs. and allowed to hang for one minute. COMPLIANT EXCEPTION THERMAL REINFORCED YOKE: A layer of Semper Dri (3.0 oz./sq. yd. Teflon® treated Chambray (NOMEX® spun) face cloth quilted to one layer E-89TM spunlace aramid 850/oNOMEXO/15% KEVLAR® weighing approximately 2.3 oz./sq. yd. with a Teflon® finish and one layer of apertured (11-13 apertures/sq. inch) E-89T 4 spunlace aramid 85% NOMEX0/15% KEVLAR® weighing approximately 1.5 oz./sq. yd. with a Teflon® finish (total weight+/- 6.8 oz./sq. yd.)) shall be positioned between the moisture barrier and thermal liner for extra thermal protection in a high heat and compression area of the coat. It shall be sewn to the inside of the upper back portion and raglan sleeve of the thermal liner across the upper back and shoulder for approximately 7". COMPLIANT EXCEPTION IT131108.01040.doc 26 lTB # 08-010-FO, Protective Bunker Gear -Annual Pricing SHOULDER CAPS: A 4" wide area at the top of the shoulders extending 6" from the collar seam shall be capped with outer shell material for abrasion resistance and thermal protection. COMPLIANT EXCEPTION V-FI Trm ELBOW: The sleeve shall have an insert throughout all layers that shall provide a natural bend in the sleeve. This elbow shall include cut outs, shaped pieces, and darts to create free movement with few restrictions. The insert shall consist of polymer coated aramid, gold in color, for abrasion resistance and thermal protection COMPLIANT EXCEPTION SLEEVE WELL/WRISTLET MOUNTING: A combination Semper Dd`rM (3.0 ozJsq. yd. Teflon® treated Chambray (NOMEX® spun) face cloth quilted to one layer E-89TM spunlace aramid 85%NOMEX0/15% KEVLAR® weighing approximately 2.3 oz./sq. yd. with a Teflon® finish and one layer of apertured (11-13 apertures/sq. inch) E-89T9 spunlace aramid 85%NOMEXV/15% KEVLAR® weighing approximately 1.5 oz./sq. yd. with a Teflon? finish. (Total weight +/- 6.8 oz./sq. yd.)). One layer of breathable CROSSTECHO (Type 2C) moisture barrier leader shall be sewn no more than 1" back from the combination liner sleeve end to form a sleeve well. One male snap and one .75"wide strip of FR loop shall be sewn full circumference to the end of the thermal liner/CROSSTECHO (Type 2C) moisture barrier leader to help secure the combination liner to the outer shell. This sleeve well shall prevent water and hazardous materials from entering the sleeve when arms are in a raised position. The combination liner sleeve ends shall be inserted into the outer shell sleeve ends by means of lining up the male snap then attaching the FR loop fastener of the combination liner sleeve end with the female snap and FR hook fastener of the outer shell cuff. This method of combination liner attachment shall prevent any gaps from occurring between the combination liner and sleeve well during a full range of motion. The combination liner shall extend to within 1 " of the sleeve end. 4—COMPLLkNT EXCEPTION WRISTLETS: An internal wristlet shall consist of a 2-ply KEVLAR0 / NOMEX® / Spandex® construction knitted not less than 8" extending completely over the palm with a thumbhole preventing the wristlet from sliding back. Wristlets shall be double stitched and bound to the moisture barrier/thermal liner providing extended thermal and slash protection. COMPLIANT EXCEPTION CUFFS: The extended cuff of the sleeve shall be reinforced with a binding of outer shell material not less than 3" in total width for abrasion resistance and thermal protection. One leather tab with female snap fastener shall be set in the cuffto attach outer shell to liner. COMPLIANT EXCEPTION THERMAL FRONT PANEL CONSTRUCTION: There shall be continuous thermal and moisture protection around the entire torso including the storm flap. To ensure this protection, as well as reduce potential for wicking moisture to inside of liner, both right and left inside front facings of the coat outer shell shall incorporate outer shell fabric extending from collar to hem. COMPLIANT EXCEPTION COAT FRONT CLOSURE DESIGN: The complete outer shell coat front closure design shall consist of a FRONT CLOSURE SYSTEM completely protected by an OUTSIDE STORM FLAP which shall have its own, independent STORM FLAP CLOSURE SYSTEM. COMPLIANT EXCEPTION lTB#08-010-FO.doc 27 ITB # 08-010-FO, Protective Bunker Gear -Annual Prl,-jN STORM FLAP: A storm flap measuring not less than 2.5" wide, nor less than 22" in length shall be set on the outside of the right side of the coat opening for maximum thermal protection and clear drainage. The inner lining of the storm flap shall be Gore RT7100TM PTFE moisture barrier meeting all requirements for moisture barriers sandwiched between two layers of outer shell fabric. _$_COMPLLkNT EXCEPTION FRONT/STORM FLAP CLOSURES: The front closure shall consist of a #9 brass zipper with a 1 3/4" polymer coated aramid tab added to left bottom for fast closure and exit. The storm flap closure shall consist of V wide FR hook and loop attachment with FR hook fastener sewn on the left front of the coat, and corresponding FR loop fastener sewn on the inner side of the outer storm flap. The hook and loop closure shall extend the full length of the outer storm flap eliminating all exposed frontal hardware. --X—COMPLIANT EXCEPTION FLASHLIGHT ATTACHMENT: There shall be (1) 5"x3"1-laver self -fabric patch attached to coat on the RIGHT chest at the same height as the radio pocket. A utility snap hook shall be attached to a 5"0" 1-laver self -fabric patch. Utility snag shall be securely riveted with (,33) leather reinforced rivets. A 1" x 2.5" triple layer self fabric strap shall be bartacked on each end and to be centered between the utili snap and the flashlight tie two strap. FLASHLIGHT STRAP: lx10" 2 layers self fabric flashlight strap X-stitched to shell with 1 piece lx3" hook & 1 female logo on one end, 1 piece lx3" loop & 1 male snap on opposite end. Shall be located on right chest 4" down from the bottom of the M7003 utility snap hook COMPLIANT EXCEPTION RADIO POCKET: One 4" wide x 8" deep full bellows radio pocket that expands by means of side and front gussets to a thickness of 2" in front and back shall be located on LEFT chest.. Pocket and flap shall be set with stitch 301, seam Ssb-2 with the top and bottom pocket comers and top corners of flap reinforced with a minimum 42-stitch bar tack. A brass eyelet shall provide drainage of moisture. Pocket flaps shall be 4.5"x 5". Pocket shall be fully lined all 3 sides inside pocket with polycotton lining. Pocket flap shall - close to the pocket top using 1 piece of 1 "x 2" loop on pocket horizontally and 1 piece of 1 "x 2" hook on flap vertically. MIC TAB: There shall be a 1" X 3" triple layer self -fabric mic tab attached with bar tacks on each side. Bar tacks shall be a minimum 42-stitch bar tack shall be located on the left chest above radio pocket IX —COMPLIANT EXCEPTION IDENTIFICATION PATCHE: There shall be (1) 1" x 5" self fabric letter patch with Velcro attachment located on the radio pocket flap. Using black thread fire fighter's name shall be spelled using 1" initial last name in %" block letters. COMPLIANT EXCEPTION ITW8-010-FO.doc 28 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing EMBLEMS: There shall be a 2.5"x 4.25" American Flag patch, with stars in the upper left comer, sewn to the coat RIGHT sleeve. There shall be a 2.5" x 4.25" Texas State Flag emblem sewn to the coat LEFT sleeve. COMPLIANT EXCEPTION NAME LETTERING PATCHES: There shall be (1) 5"xl5" contoured I -layer self -fabric one -line Letter Patch attached to hang from back hem. There shall be (1) male snap at each top corner of hanging letter patch (total of 2 male snaps) and (2) female non -logo snaps on the inside of the shell to align with the male snaps. Hook & loop shall also be used to attach patch to coat. There shall be 2" lime yellow sew -on Scotchlite letters, sewn on the patch spelling the fire fighter's name using 1" initial and last name for all fire fighters, equipment operators, lieutenants, and captains. There shall be 2" red orange sew -on Scotchlite letters, sewn on the patch spelling the fire fighters name using 1 ' initial and last name for all chiefs. 4-COMPLIANT EXCEPTION TURN -OUT POCKETS: Two 9" x 9" Semi -bellow and handwarmer pocket combination that expands by means of side and bottom gussets to a thickness of 2" in back only and 0" in front. The pocket shall be set at the bottom of the coat hem and reflective trim shall be set on each pocket. There shall be a 6" opening on the rear side of the bellow of the pocket Pocket shall be lined inside with Semper DriTM thermal liner material and have a KEVLAR® twill backer. Pocket and flap shall be set with stitch 301, seam Ssb-2 with each corner of pocket opening and top corners of flap reinforced with bar tacks for additional strength. Drainage of moisture to be provided by brass eyelets. Each pocket flap shall measure 10" wide by 3" high in front and 5" high in rear. Each flap shall incorporate a I" by 2" polymer coated aramid pull tab for easy opening. The corner under this tab shall be reinforced with two layers of Lite-N- DriTM for stability. A hook and loop closure system shall be set with two pieces of 1.5" x 3" loop fastener set horizontally on the outside edge of the pocket opening with corresponding 1.5" x 3" hook fastener set vertically on the underside of the flap. COMPLIANT EXCEPTION ITEM-010-FO.doc 29 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing V-FORCETm HIGH -BACK PANT OR EQUAL PANT CONSTRUCTION: The pant shall have a low rise waist V-FitTM design with five inch high back panel with hook and loop for support panel of Lion V-Back suspenders (required with these pants). COMPLIANT EXCEPTION EXTENDED BACK PANEL: A back panel shall be constructed of two layers of outer shell material, one middle layer of moisture barrier material and one layer of thermal liner material. One piece self fabric flap 9" wide x 5" high with 9" x 5" hook to attach suspenders. This panel shall be stitched to the perimeter of the outer shell and shall measure 10" across the top,19" across the bottom (being graded for waist size), and extend 5" above the pant waist with 9" x 5" loop. See V-BackT'a suspender specification. ). 4—COMPLIANT EXCEPTION SEPARABLE MOISTURE BARRIER1THERMAL LINER CONSTRUCTION: Design shall be compatible with the outer shell so that the liner does not buckle, pull, or otherwise restrict body motion. To deter the wicking of moisture up the thermal liner leg the bottom nine inches of each thermal leg shall be constructed of Semper Dri (3.0 ozJsq. yd. Teflon® treated Chambray (NOMEX® spun) face cloth quilted to one layer E-89rm spunlace aramid 85%NOM[EX®/15% KEVLAR® weighing approximately 2.3 ozJsq. yd. with a Teflon® finish and one layer of apertured (11-13 apertures/sq. inch) E-89TM spunlace aramid 85% NOMEX8/15% KEVLARV weighing approximately 1.5 oz./sq. yd. with a Teflon® finish. (Total weight +/- 6.8 oz./sq. yd.)). The waist of the moisture barrier/thermal liner shall be secured to the waist of the outer shell such that when donning the pant a leg may not be accidentally caught between the outer shell and its inner linings along the waist and between the legs of the pant. For added thermal protection to the knee, an additional layer of 1/8" thick, fire retardant closed - cell foam shall be positioned between the moisture barrier and thermal liner at the knee. Quilt Thermal Liner Construction: The CROSSTECH®/NOMEX® pajama check moisture barrier shall be completely separable from the thermal liner at its perimeter by means of hook and loop. In addition there shall be snaps along the waist and bottom leg opening for alignment. This allows for total inspection of the moisture barrier and the replacement of only one component as needed without the expense of having to replace the entire liner system. All moisture barrier seams shall be sealed as required by NFPA 1971. The moisture barrier/thermal liner shall finish no more than 3" from the cuffs. COMPLIANT EXCEPTION MOISTURE BARRIEPUTHERMAL LINER ATTACHMENT: Completely Removable: The moisture barrier/thermal liner shall be completely detachable from the outer shell for ease of cleaning by using snaps and hook and loop. Eight evenly spaced snaps shall secure the liner to the integral waistband; two snaps shall be set in leather leg tabs at each leg end and hook and loop on each side of fly facing, —4—COMPLIANT EXCEPTION STORM FLY/CLOSURE: The outer shell shall have a sewn on overlapping fly front running the full length of the fly on the left side. The flap shall not be less than 2.5" wide at the waistband. The bottom of the fly shall be reinforced with a 42 stitch bartack. The storm fly shall be held closed along its length by means of a hook and loop fastener closure 1.5" minimum width, along the leading edge for a distance of not less than 6" from the bottom of the fly closure to the waist area for proper alignment and secure closure. Additionally, (1) snap shall be positioned at the inside top of the fly. Pant closure shall be provided, by #9 brass zipper. The storm fly shall be outer shell material, lined with a 4." strip of CROSSTECHO (Type 2C) moisture barrier material and Semper Dri TMto prevent wicking. IT11#08-010-FO.doc 30 ITB # 0"10-FO, Protective Bunker Gear -Annual Pricing TAKE UP STRAP: There shall be a hook and dee ring shall be used for a quick one -motion closure. The hook shall be 2.5" in length, made of a zinc non-ferrous metal alloy and weigh 1.2 oz. +5%. It shall be securely fastened to the pant by means of a 5/8" wide, treated leather take-up strap looped through the rear of the buckle and triple riveted to the pant shell. The dee shall be made of a non-ferrous metal alloy 2" long x 1 1/16" wide and riveted to the fly flap with two rivets. -Y-COMPLLANT EXCEPTION THERMAL FLY ASSEMBLY: A 3/4" wide x 9" long loop fastener shall be sewn to the moisture barrier/thermal liner to engage corresponding hook fastener on the underside of the outside storm By and facing. COMPLIANT EXCEPTION WAISTBAND: The waist of the pants shall be reinforced on the inside with 1- ply of outer shell material not less than 1.5" in width. The pant waist shall be contour shaped for better comfort and hemmed to provide strength with the independent waistband, which shall then be double stitched to the outer shell. Two-2" wide self -material suspender tabs with snaps shall be attached to waist front for suspender attachment COMPLIANT EXCEPTION EXTERNAL TAKE-UPS: Two waist straps shall be sewn and bar tacked 1" down from the top of the waistband. One strap shall be installed on the right side and one on the left side and constructed of one piece of shell material folded to two layers and sewn to form a 1/2" wide strap. The back strap shall be a minimum of 8'/a" in length and shall be affixed to the pant by means of two bartacks approximately 1/2" apart. The front take-up strap shall have a 5/8" nickel plated postman style slide buckle which shall be threaded through the six inch in length strap folded to form two layers and affixed by means of two bartacks 1/2" apart. The strap is sewn to form an attachment strap approximately three inches in length designed for quick take-up adjustment. ](_COMPLIANT EXCEPTION V-FMm KNEE: The knee shall have an insert throughout all layers that shall provide a natural bend in the leg. This knee shall include cut outs, shaped pieces, and darts to create free movement with few restrictions. The insert shall consist of gold polymer coated aramid for abrasion resistance and thermal protection. For added thermal protection, an additional layer of 1/8" thick, fire retardant closed -cell foam shall be positioned between the moisture barrier and thermal liner. In addition to reinforcement, knees shall be padded using 1/8" thick, fire retardant closed -cell foam This reinforcement material shall be oriented between the outer shell and knee insert reinforcement.. COMPLIANT EXCEPTION CUFFS: The cuff area of the pant shall be reinforced with a binding ofpolymer coated KEVLARV (Gold) not less than 2" in total width for greater strength, abrasion resistance, and thermal protection. COMPLIANT EXCEPTION BOOT CUT CUFF: The back portion of the cuff will gradually curve upward from each side seam to a maximum of 2" at the center back of the pant leg to prevent wear on the back of the cuff 4COMPLIANT EXCEPTION LEG TABS: 2 Leather leg tabs 3/4" wide x 13/4" long with female snaps. Bartacked 2" up from bottom edge on inside. (1 on inseam 1 on outseam) COMPLIANT EXCEPTION RECORDS ID POCKET: There shall be (1) 3.5x5.5" black outer shell liner pocket with flap, 2 pieces lx1" loop on pocket corners and 2 pieces lx1 hook on flap corners sewn to the inside of of the thermal liner on the right side. /X COMPLIANT EXCEPTION ITB#08.010-Fo.doc 31 ITB # 08-010-F0, Protective Bunker Gear -Annual Pricing TURN OUT POCKETS: Right thigh tool pocket. One 9" wide x 10" high, deep outside full bellows pockets that expand by means of side and bottom gussets to a thickness of 2" in front and back Pockets shall be fully lined with KEVLARV twill on all 4 sides inside of pocket, (2) layers self -fabric on shell inside pocket. First layer 6.5" high, second layer 4.5" high. Both layers stitched in 3" increments to create (6) tool compartments. Pocket and flap shall be set with stitch 301, seam Ssb-2 with the top and bottom pocket corners and top corners of flap reinforced with bar tacks for additional strength. Drainage of moisture to be provided by brass eyelets. Pocket flaps shall be 5" x 10". A hook and loop fastener closure system shall be set with 2" x 9" loop fastener horizontally on the pocket and (3) pieces of 1.5" x 3" hook fastener vertically on the underside of the flap. Left thigh split bellow. One 10" wide x 10" deep outside full bellows pockets that expand by means of side and bottom gussets to a thickness of 2" in front and back Pocket shall be split 6" front and 4" back inside pocket with a KEVLAR® twill divider. Pockets shall be fully lined all 3 sides inside pocket with Kevlar® twill. Pockets and flaps shall be set with stitch 301, seam Ssb- 2 with the top and bottom pocket corners and top corners of flap reinforced with bar tacks for additional strength. Drainage of moisture to be provided by brass eyelets. Pocket flaps shall be 11 "x 5. A hook and loop fastener closure system shall be set with 1.5" x 10" loop fastener horizontally on the pocket and (2) pieces of 1.5" x 2.7 " hook fastener set vertically on the underside of the flap. COMPLIANT EXCEPTION rrB#08-010-F0.doc 32 ITB # 08 -010-FO, Protective Bunker Gear -Annual Pricing MASTER SPECIFICATIONS V-BACKrm QUICK ADJUST H-BACK SUSPENDERS WITH SNAP TAB ATTACHMENTS MODEL NO SR840-00(SR836-00, SR845-00) SCOPE A highly engineered 40" red suspender designed for greater range of mobility and reduced stress allowing for three points of attachment to V-Force'rm Highback pants with hook and loop in back and snap attachment in front. DESIGN Two 12" front pull straps shall be constructed as follows: 2" wide elastic polyester webbing shall be fed through 2" metal loops and secured with a two -needle lock -stitch at one end. A black military finish steel double dee ring shall be fed through the webbing. The other end of the webbing shall be fed through a 2" wide thermo-plastic dee ring and secured with a two - needle lock -stitch. The dee ring shall function as a pull strap for easily adjusting the suspenders for proper fit. Two 1" shoulder straps shall be constructed as follows: 2" wide elastic polyester webbing shall be fed through the top half of the steel double dee ring and secured with a two -needle lock -stitch. The top of each strap shall be secured to the V- shaped shoulder pad with two -needle lock -stitch and one 42-stitch bartack. Two 6" back straps made of 2" wide elastic webbing shall be joined with box and x-stitch at the bottom of each V-shaped shoulder pad. The end of each back strap shall be single -needle lock -stitch to a 8" wide by 4" high hook and loop panel for securing to V-Force back panel. V-SHAPED SHOULDER PADS Shoulder pads shall be constructed of two layers of 1/8" thick, fire retardant closed -cell foam encapsulated in 7.5 oz. Black NOMEX®. Each shoulder pad shall be 3" wide and 15" long ending in a 5" high back reinforcement pad. Each shoulder pad shall have an embroidered Lion Head Logo. LIFETIME WARRANTY All products shall be warranted against defects in materials and workmanship for the useful life of the product. --4—COMPLLA,NT EXCEPTION 8 — BIDDER QUESTIONNAIRE 8-1 The bidder questionnaire that accompanies these specifications must be completed in full and returned with your bid for your bid to be considered. 8-2 Bidders are encouraged to bid an optional (defined as Option 1 on the bid form) thermal liner material. This Option 1 material is to be constructed of Glide 11, with an approximate finish weight of 7.0 oz. per sq. yd. It will have two (2) layers of E-89 substrate with an approximate weight of 1.5 oz. per sq. yd., and 1.5 oz. per sq. yd. each. The substrates will be quilted to a slick Nomex twill facecloth constructed from filament and spun yarns. rrM8-010-FO.doc 33 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing BIDDER QUESTIONNAIRE Protective clothing dealer: DACO FIRE EQUIPMENT, INC. Dealer's telephone number and contact person: G A R R E T T D O B M E I E R 8 0 6— 7 6 3— 0 8 0 8 Protective clothing manufacturer: LION APPAREL Manufacturer's telephone number and contact person: 8 0 0 — 5 4 8 — 6 614 JERRY LORAN, REGIONAL SALES MANAGER 360-829-1476 Protective clothing model bid: JANESVILLE V—FORCE COAT AND HIGHBACK PANT Name of third party testing/certification organization: UNDERWRITERS LABORATORIES, INC. (Documentation from the third party testing/certification organization confirming that the garments bid are certified and listed must be attached to this questionnaire.) Describe the warranty claim process: CONTACT DACO FIRE EQUIPMENT WITH PRORLEM, STTPPLYING THE RE04, XAG bIAME, ADDRESS TO PICK GEAR UP AT. DACO )I-TAINS A RA NUMBER AND ARRANGES FOR LION APPAREL TO PICK GEAR UP. GEAR IS SENT TO TOTAL CARE FACILITY FOR REPA What is the "typical" length of time in calendar days for a warranty repair? 10 — 14 DAYS (From when the garment is received at the repair facility until it is returned to Lubbock.) Does the manufacturer have an in-house repair facility available to the Lubbock Fire Department for non -warranty related repairs? Yes R No Describe the non -warranty repair process: C O N T A C T D A C 0 F I R E E Q U I P M E N T What is the "typical" length of time in calendar days for a non -warranty repair? 1 0 — 14 DAYS (From when the garment is received at the repair facility until it is returned to Lubbock.) OUTER SHELL MATERIAL The outer shell material is manufactured by S O U T H E R N M I L L S ; it is marketed as A Tn v A N r F TT T. T R A The fabric weight is 7 • 5 oz. per sq. yd., and the water/stain treatment utilized is SUPER SHEELTITE ENSEMBLE WITH THE STANDARD THERMAL LINER ITBN8.010+0.d0c 34 ITB # 08-010-F0, Protective Bunker Gear -Annual Pricing Weight of coat bid: TO BE DETERMINED Weight of trousers bid: TO BE DETERMINED TPP of the body of the coat bid: 4 1 . 7 TPP of trousers bid: L. 1 . 7 (Documentation from the third party testing/certification organization or mill, confirming the TPP rating must be attached to this questionnaire.) THL of coat bid: 2 6,9 .2 1 THL of trousers bid: 2 6 8. 2 1 Note: THL values for coat and pants are requested (if available) for information purposes only. This data is not required to satisfy the requirements of these specifications. However, THL values must meet minimum requirements of the most current Edition of NFPA 1971. TPP of coat in the area as defined in Coat Thermal Yoke Reinforcement: G R F A T F. R T H A N 4 1 . 7 (Documentation from the third party testing/certification organization or mill, confirming the TPP rating, must be attached to this questionnaire.) Does the manufacturer have a written agreement with cleaning and repair service authorizing them to complete repairs on the manufacturer's garments? Yes X No (If yes, documentation confirming the manufacturer agreement with the cleaning and repair service must be attached to this questionnaire.) Please list all cleaning and repair services that the manufacturer has a written agreement with. List of Repair/Cleaning Services authorized to conduct repairs for the manufacturer: 1. Name of Service: LION TOTAL CARE — DALLAS CENTER Address: 2025 IRVING BLVD. , SUITE 204 City: DALLAS , State: TX Zip/Postal Code: 75207 Phone Number: 866-742-6 1 56 2. Name of Service: LION TOTAL CARE — HOUSTON CENTER Address: 8484 GULF FREEWAY City: HOUSTON , State: TX Zip/Postal Code: 7 7 0 1 7 Phone Number: 800-253-2690 3. Name of Service: LION TOTAL CARE — HOUSTON CENTER 6000 BERRY BROOK .................... .. Address: City: HOUSTON State: T X Zip/Postal Code: 7 7 0 17 Phone Number. 9 Q O— 3 9 1— 8 0 0 3 4. Name of Service: Address: City: Phone Number: Questionnaire Completed and Submitted by - State: Zip/Postal Code: (Name of company) (Print Name and Title) (Signature) lT8t108-010-F0.doc 35 Resolution No. 2008—R0013 ITB * 08-010-FO, Protective Bunker Gear -Annual Pricing THIS BID FORM MUST BE THE LAST PAGE OF YOUR ORIGINAL BID AND COPY! BID FORM CITY OF LUBBOCK, BID #XXXXXXX PROTECTIVE CLOTHING FOR STRUCTURAL FIRE FIGHTING Note: All prices quoted must be freight on board (F.O.B.); no additional shipping charges will be paid. DESCRIPTION Protective Coat (Each) Protective Trousers (Each) Total (Per Set) Replacement Thermal Barrier/Moisture Barrier Assembly Coat (Each) Installed by Lubbock Fire Department Pants (Each) Installed by Lubbock Fire Department Replacement Thermal Barrier Coat (Each) Installed by Lubbock Fire Department Pants (Each) Installed by Lubbock Fire Department Replacement Moisture Barrier Coat (Each) Installed by Lubbock Fire Department Pants (Each) Installed by Lubbock Fire Department PRICE WITH OPTION $ 1,069.00 $ $ 688.00 $ $ 1,757.00 $ $ 405.00 $ S 309.00 $ $ 141.00 $ $ 113.00 $ $ 262 00 $ $ 195 on $. The undersigned hereby certifies that he/she understands the specifications has read the document in its entirety, and that the bid prices contained in this bid have been carefully reviewed and are submitte3 as correct and final. Bidder further certifies and agrees to fiirntsh any or all products/services upon which prices are extended at the price offered and upon conditions contained in the specifications of the Invitation to Bid. Bidder further declares and affirms that no person or officer in this Sole Proprietorship, Partnership, Corporation or Board has or will have during the term of this contract a Prohibited Interest as defined in the City Charter Section XXXXX and the City's Code of Conduct. Bidder further understands and acknowledges that the existence of a Prohibited Interest at any time during the term of this contract will render the contract null and void. ITBM-010-FO.doc 36 ITB # 08-010-FO, Protective Bunker Gear -Annual Pricing The following information must be filled out in its entirety for your bid to be considered: COMPANYNAME: DACO FIRE EQUIPMENT, INC. ADDRESS OF PRINCIPAL PLACE OF BUSINESS: 2 0 1 AVE-. R LUBBOCK, TX 79415 PHONE/FAX OF PRINCIPAL PLACE OF BUSINESS: 8 0 6- 7 6 3- 0 8 0 8 / 8 0 6- 7 6 3- Q 1 5 1 ADDRESS, PHONE/FAX NUMBER OF MAJORITY OWNER PRINCIPAL PLACE OF BUSINESS: SAME ATIVE: GARRETT DOBMEIER, SALES (Please Print Name/Title) 12-11-07 (Signature) (Date) Acknowledgement of Addenda: 1 2 3 4 5 ITUM-010-FO.doc 37 Y CITY OF LUBBOCK t 0 11PURCHASE ORDER TcQACO FIRE SAFETY EQUIPMENT PO BOX 5006 LUBBOCK TX 79408 5006 Page 1 Date - 2/11/08 Order No. 325110 000 OP Brn/Plt 3511 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR 1515 EAST URSULINE LUBBOCK TX 79401 INVOICE TO: CITY OF WIBOM ACCOUNTS PAYABLE P.O. BOX 2000 WBBOCV, TX 79457 BY: Ordered - 02/07/08 Freight FOB Destination Frt Prepaid Requested - 02/07/08 Taken By - ROBIN HOLDER Delivery - PER R SALAZAR REQ# 29704 ITB08-010-FO Annual Pricing --------------------------------------------------------------- Description /_ Supplier Ite Ordered ___ UM Unit Cost UM Extension Req. Dt Bunker Coats Bunker Pants 14.000 EA -- 1,069.0000 EA 14,966.00 - 03/07/08 Suspenders 14.000 14.000 -EA EA 688.0000 42.0000 EA EA 9,632.00 588.00 03/07/08 03/07/08 This purchase order encumbers funds in the amount of $25,186.00, for a bid awarded to DACO Fire Safety Equipment, of Lubbock, TX on January 10, 2008 in accordance with Resolution No. 2008-R0013. The following are incorporated into and made part of this purchase order by letter of ratification of Resolution No. 2008-110013.. CITY OF LUBBO ATTEST: David A. Miller, ayor Re e a Garza, City Secret Total Order ------------------------------------------------------- Terms NET 3025,186.00 i a s �•� �� �r��r ''.' gr� �� �� � !�� ��•,� � � �� � � ��' ������ �L�� � .t•!jyet •q, �gg t rate a ! � �� �R a � a� t �$'� g a � �� � �•� al .. ir•. !ing � a-• .Ana g� PA 1, :. •�p�, g a a r r ! s R - - !.� x! a egg g ! r� lit .R.� .R- ., r Sa: •g a 4 q !� r si. �� R. �,�gal 2.1 v .� 9, n� .� �� � ��•P� rra' •9 a �r lll� �w�rr �Aq' a .� g a.9 g- s r r ! R' R a ! ea a$ � � r r , ar a, '� it; [ a a I ga ap j '26 MIZE n l�d r g.g 8 ! a a a a a r'FIJ1 :. a @ 9- lt '� a a a,� E r r� �q �i ! �� q,a a I A i��:q $ a' O H111, l � a r� o k R C A g� g �S� ar �•stq� lit; ' r rtaa, r K � �� r rR � ,� a R $ a Sk r A m ■, a�� � r � •� ! � �� � � sty ■• a, � !i t�! i a M,l t t FIE !1 R Ar a 3i '� . .�1 �■ g' && A � ! gIrq, r• � gg• � � � R rR .� -:r ■ a E rqR rAg r„■ �a a erg4�� •r` -taor it : � � � a � +► � � � �' a �' a�it r r a! rr ! s a a S _ 8 g !� ; r r gr �r i r,t,r•r r .IHis. I a ��� � � � � � � g � sa r r i .� Y a 1�PURCHASf T4MCO FIRE SAFETY EQUIPMENT PO BOX 5006 LUBBOCK TX 79408 5006 CITY OF LUBBOCK Page ORDER Date Order No Brn/Plt - 1 2/26/08 326069 000 OP 3511 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR 1515 EAST URSULINE LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Ordered 02/26/08 Freight - FOB Destination Frt Prepaid Requested - 02/26/08 Taken By - ROBIN HOLDER Delivery PER R SALAZAR REQ#30459 ITB#08-010-FO -------------------------------------------------------------------------------------- Description / Supplier Ite ---------------------------- Ordered ----------- UM -- Unit Cost ----------- UM Extension Req. Dt Bunker Coats 14.000 EA 1,069.0000 -------------- EA 14,966.00 -------- . 03/26/'08 Bunker Pants 14.000 EA 688.0000 EA 9,632.00 03/26/08 Suspenders 14.000 EA 42.0000 EA 588.00 03/26/08 This purchase order encumbers funds in the amount of $25,186.00, fora bid awarded to DACO Fire Safety Equipment, of Lubbock, TX on January 10, 2008 in accordance with Resolution No. 2008-R0013. The following are incorporated into and made part of this purchase order by letter of ratification of Resolution No. 2008-110013. CITY OF LUBBO ATTEST: David A, Miller Mayor Rebecc Garza, City Secre ry Total Order ------------------------------------------------------------------------------------. Terms NET 30 DAYS 25,186.00 Y CITY OF LUBBOCK ♦,3 O A PURCHASE t TODACO FIRE SAFETY EQUIPMENT PO BOX 5006 LUBBOCK TX 79408 5006 ORDER Page - 1 Date - 5/29/08 Order No. - 330553 000 OP Brn/Pit - 3511 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR 1515 EAST URSULINE LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: ................................................ * ------------------------- -------- Ordered - 05/29/08 Freight - FOB Destination Frt Prepaid Requested - 05/29/08 Taken By - ROBIN HOLDER Delivery - PER R SALAZAR REQ# 30954 ITB# 081-010-FO --------------------------------------- ....................................... ---•---- Description / Supplier Ite ---------------------------- Ordered ----------- UM -- Unit Cost ----------- UM -- Extension ............ Req. Dt Protective Coat 35.000 EA 1,069.0000 EA 37,415.00 ........ 06/30/08 Protective Trousers 35.000 EA 688.0000 EA 24,080.00 06/30/08 Suspenders 35.000 EA 42.0000 EA 1,470.00 06/30/08 This purchase order encumbers funds in the amount of $62,965.00, for a bid awarded to DACO Fire Safety Equipment, of Lubbock, Texas on January 10, 2008, in accordance with Resolution No. 2008-R0013. The following Is incorporated into and made part of this purchase order by letter of ratification of Resolution No. 2008-R0013. CITY OF LUBBOCK ATTEST: Tom Martin, Mayor FWeaya Garza, City Secretary Total Order ------------------------------------------------------•----- .•--,.-----.........----- Terms NET 30 DAYS 62,965.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY i STANDARD TERMS AND CONDITIONS CRY OF LUB13OCK TEXAS Seller and Buyer agree as Mlotlrs: 1. SE] JER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked a follows (a) Setla's name and addres. (b) Coosipoe's name, address and pearthansa order or purchase release number and the supply speement a,utnber if applicable, (c) container number and total n®ber of comaiaas, e.g. boot 1 of 4 boxes, and (d) the number of the container bearing the peeking slip. Seger shall bear cot of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest trasparatien coca and to conform with requiserums of mminon exrin sod any applicable specification. Buyer's couldorweight shall be final and conclusive on shipments not accompanied by packing tits 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not antborind to ship the goods under reservation and ono reader of a bill of lading will operate a a leader of goods 3. TITLE AND RiSK OF LOSS. The title and risk of ton of the goods "net pas to Buyer moil Buyer actually receives and takes possession of the goods at the point or pDmb of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every taller of delivery of gaoo6 must dully comply with all provision of thu ebatrat . a to time of delivery. quality and the i" if ■ render is made which does not fully tsnfarm, this shin constitute a beeaeh and Seiler shall no have the right to abtimis a conforming hinder, provided, where the time for performance has not yet expired, the Seller may reasonably ootdt Buyer ofbb Wien a to sue and may then make a comformag tender within the contract time but no afterward 3. INVOICES R PAYMENTS. a. Sellers shag sodium separem invoices. it duplicate, oat each parebase order or purchase re:kare slier each delivery. invoices abag indicate the paehas r order or Purchase release member and the apply agreemeld number if spplicabke. Invoices slag be iaemized mad u=sporUtim dmwgm if smy, shall be tided sags d*. A copy of the bW of l ding and the height waybill when spplksble, should be attached to the -voice. Mail To: Amounts Payable. City of Lubbock, P. O. Bon 2000, Lubbock. Texas 79457. Payment slag not be due muhl the above instruments we submitted after delivery. 6. GRATUITIES. 71c Buyer may, by written snotice to the Seger. corral this exmmrct without liability to Seller if it is detamieed by Buyer that gratuities, in the form of enterainment gifts or otherwise, were of evil or gives by the Seller, or any new or representative of the Seller, to my officer or employee of the City of Lubbock with a view to securing a mntraA or wariag favorable tretmet with nespecf to the awarding or amending or the making of any deatminatioa with respect so the performing of such s oemract in the event this caatract b canceled by Buyer p rsaru to this povaket, Buyer shag be entitled, in addition to ray other rights and temeN , to recover or wk bboM oft amount of the cos incurred by Seger is iroviding such gratuides. 7. SPECIAL TOOLS & TM EQUIPMENT, if the price sated on the fete hereof includes the cat of my special tooling or special tea equipment fiebriated or required by Seller for the purpose of filling thfa order. such special tooling equipment and may process sheets related thereto shelf become the Is of ire Boyer and to the extent fusible shelf be identified by the Seller a such. g. WARRANTY-PRFCE. a. The price to be paid by the Buyer shag be that coots -ad in Seller's bid which Seger warrar . twbe no bigbw dam SelWs txtrrcel proeast onaides by odess for prodmcto of the kind and specification covered by this agreement for similar quartities under well of lifer cordituoaa and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current peke an Orden by others, or in the alternative. Buyer may conical this contract without liability to Seller forbreach or Seder's actual expense. b. The Seiler warrants that no person or setting nowey has bra employed or retained to sobw or sews this contract upeo me agreement or understanding for commtmma, percentage, brokerage, or contingent in excepting boom fide employee of bons fide established commercisl or selling agencies maintained by the Seller for the purpose of searing business. For beach of vicisdan of this warranty the Buyer shelf have the right in addition to my other right of rights to esocel this c . . . without liabitky nd o deductfoam the contract price, or otherwise recover widwo liabitky and o ded firm the contract price, or otherwise recover the filf amount of suede commission. percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shag not timit or exclude any implied warranties and any attempt o do so shall render this catutract voidable at the option of the Buyer. Seller warms dot the goods furnished will conform to the specificatom draw-R, and description rated in the bid invitation, and to the sample(s) furnished by the Seller, if soy. in the event of s conflict or between the specifications. drawings, and descriptions, the specification shall govern. Notwithstanding my provisions contained in the contractual agreement, the Seller represents nd warrma f edit -see pe formsocc ad fish -five result in the processing daft and date related daft (including. but not limited to calculating. computing and sequencing) of alt hadwae, software and firmware products delivered and services provided under this Cootrmct, individually or to combmstnaa, a the case may be from the effective doe of this Contract. Also, the Seller avrraots the yea0-000 calculations will be recognized and accommodated and wig not, to ray way, result in hardware. software orfumwav failure. The City of Lubbock, atits sole option, am require the Seller, at my time, to demonstrate the procedure it tee to follow in order to comply with ell the obligations contained here-. The obligations coma-ed here- apply to prothxis and services provided by the Seller, its sub -setter or eery third Party involved in the creams, or development of tie products and services to be delivered to the City of Lubbock under this Contract. Failure to campy with any of tbrobligaims contained hereto may result in the City of Lubbock m&g itself of say of its rights wl&-r the taw sod under this Contract including, but not limited to its right pertaining to termination or defauh. The warrnties contained beam we separate and discrete from any other warms specified in this Contract, and am ace subject to ray diaclomer of warranty, implied or expressed, or limitation of tie Seller's liability which may be specified in this Contract. is appendices, its schelules, its annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seiler wait alds that the product sold to the Boyer shall conform to the staedr I promulgated by the U. S. Department of labor under the Oecu abooal Safety era! Heakh Acl of l M. li the event the product does not conform to OSHA staedwdt, Buyer may rdo the product for , a x 'ma or replacement at the Sellers expense. ice the event Seger fails to make the appropriate correction within a reasonable time. correction made by Buyer will be at the Seller's expense IL NO WARRANTY BY BUYER AGAINST INFRINGEMENT'S. As part of this comract for sale Seller agrees to aaaxxu- whether gads mnub mad - s ccordnce with the spe cificaticns attached o this agteeme 1 will give rise to the rightful claim of ray third person byway of mbmgemmt of the like. Buyer makes so warranty that the production of goods sceorche to the spaifiatim wilt not give rise to mcb a claim, nd - no event shall Buyer be liable tb Seller for indeamifirntioe - the a sent that Seller is wed as the grounds of i tfi*gpmed of the glee. it Sella• is of the opieita that an inf wasan or the bike will rank be will notify the Buyer to" effect in writing within two weeks afar the sign-g of this mgreement If Buyer don ant receive lotion and is wbaequestly held habit for the infimpmeot or the Like. Seger will one Buyer hisruilems.HSeger -good faith aseataim the production of the goods in mccosdanca wish the specifications will ueask in infringement or the like, the contract shag be null and void 12. RIGHT OF INSPECTION. Buyer shall have the right to impact the goods at dcgvey before wcePtini tram. 13. CANCELLATION. Bayer shag have the right to cancel for default all or any part of the undelivered portion of this order if Salter breaches say of the Terms hereof including warranties of Selig or if elm Seller becomes Maolvent or commits am of laalcrupecy. SurL right of cancellation is in addition to and not in lieu of say other remedies whip Buyer may have in law or equity. 14. TERMINATION. The perform = of work ender this order may be wYmiu sted in whole, or in portby the Buyer la accordance with this provision. Termmatim of wort hereunder shag be efrected by the delivery of the Seller of ■ "Notice of Termination" specifying the extent to which performance of work ruder the order is terminated ated and the date upon whih such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer ad forth in Cisme 13, herein. 15. FORCE MAIEURE. Neither party shall be held resp insrUk for loran, resulting if the fllfigment of say terms of provision of this contract is delayed or prevailed by ray cause not w" the control of the party whose performance is atlerfermd with, and which by the exercise of reasonable difngauce sad party a unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or tntaet in this exrurmG shall be assigned or delegations of any obltgtion made by Seiler wittiout the written permission of the Buyer. Any s.. . assipm eat or delegation by Seller shag be wholly void and totally inel%aive for all purpose u nka mde in cmfortmty, with this paragraph. 17. WAIVER. No claim or right arising out of a branch ofibis epmkret can be disclu reed in whole or in pat by a waiver or rrnmeiatian order claim or right mless the waiver or renaciaian is supported by considered- and is in -writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writ t An say specifications far bids and performance provided by Buys is its advertisement for bids, and any other doc stem s provided by Seller m pot of ha bid, is intended by the parties ar a final expression of their agreement and intended also as a complete and au l sive statement of the terms of the* agreement. Whenever a tam defined by the Uniform Commercial Code is and in this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. T1is agreement shag be governed by the Uniform Commercial Code. Where ova the term "Uniform Commercial Code" is used, it dull be construed a meaning the Uniform Commercial Code n adopted in the SNte ofTeaa as effective and in face an the desk of this agreenueld 20. RIGHT TO ASSURANCE. Wbenever one party to this eoaorct in good frisk has reason to question the other pary's -ftmt to perform he may demad that die other parry gm written asarsmce of bis meat so perform m the event dent a demand is made and no assurance is given within five (3) days, the demanding party my treat this hlure a an anticipatory ropudiatioa of the contract. 21. 11MEMNIFICATiON. Seller shall mckomify, keep and save harakas the Buyer, its agents offietals and employees, stpiat all w0ria. deaths lass. damage climes. patent claims wits, gsbfiides, judgments cow and expnres, which may in anywise accrue sport the Buyer in consequence of the granting of this Contract or which may anywise rmrk iberefkom, whelh a or riot it shall be alleged or determined dust the act was caused througb negligence or omission of the Seller or m employees, s, or of she smbSeger or assignee or its employee, if any, and the Seller shall, a his own expense, appear, defend and pay all charges of attorneys and an cots and other expanse arms{ therefrom of maurW m connection therewith and, if any jucilpnent shag be teadeed ms mt the Buyer in Any such action, the Seiler shall, of its own expenses, astrsfy and discharge eke same Seller expressly hmderti o is and agrees that may bond required by this contract, or otherwise provided by Seller, shall in no way limit the respomnbnlify to -&—ify, keep and save harmless and defend the Buyer a Isere- provided 22. TIME. It is hereby expressly agreed and understood dot time is of the esaemee for the perfamnce of this conawL and fathtre by contract to meet the time specifications of this agreement will cause Sella to be in def tuh of this agreement. 23. MBE. The City of lubbock hereby notifies all bidders that in regard to say c ntroid entered into purwnt to this request, mitxonly and women busmen enterprises will be afforded equal opportunities to submit bids is response to this -viatica and will not be discriminated against on the grounds of race, color, sex ornadual origin in consideration far n award Rev. 08/2005 TO: PURCHASE ORDER DACO FIRE SAFETY EQUIPMENT PO BOX 5006 LUBBOCK TX 79408 5006 SHIP TO: INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK. TX 79457 BY: Page - 1 Date 7/11/08 Order No. - 332773 000 OP Brn/Plt - 3511 CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR 1515 EAST URSULINE -------------------------------------------------------V------------------- Ordered - 07/11/08 Freight - FOB Destination Frt Prepaid Requested - 07/11/08 Taken By - ROBIN HOLDER Delivery - PER R SALAZAR REQ# 31218 ITB# 08-010-FO ---------------------------------------....................................... Description / Supplier Ite Ordered UM Unit Cost UM Extension Req. Dt ---------------------------- Bunker Coats ---•------- 28.000 -- EA ------•---- 1,069.0000 --............ EA 29,932.00 ..------ 08/11/08 Bunker Pants 28.000 EA 688.0000 EA 19,264.00 08/11/08 Suspenders 28.000 EA 42.0000 EA 1,176.00 08/11/08 This purchase order encumbers funds in the amount of $50,372.00, for a bid awarded to DACO Fire Safety Equipment, of Lubbock, Texas on January 10, 2008, in accordance with Resolution No. 2008-R0013. The following is incorporated into and made part of this purchase order by letter of ratification.of Resolution No. 2008-110013. CITY OF LUBBOCK ATTEST: �G�1•w r�•.� Tom Martin, Mayor Rebe ca Garza, City Secre ry Total Order .............................................•--------.....------------------......-- Terms NET 30 DAYS 50,372.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Salter and Buyer sons Be follows: 1. SULU TO PACKAGE GOODS. Seger will ptackage goods in socorthmoe with good commercial prectioe• Each shipping autamer ball be canrfy ad pmswm* andked a follows (a) Seller's acme ad sdkwA (b) Cossignee's samm addrma and purcluen order or purchase release number ad the apply agreement number if spplieable. (c) Caddis member and total number of comb ium e.g. box I of 4 beau, ad (d) Ik number oohs dxnta w bearing the p ckbg slip. Sella shag bow ecat orpndugittg unea ore - = provided. Goods shsI be widby psdns rod to see lowest mampattation cobdorm dad to cowith toquiremeats of dmmmm co. im s sd ay epplieablempecifiraatiens. Buyees cmm or weighi slag be find add conchow on shilam nts as accompanied by puking has. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Sella is not sudtarbad b ship the pods ander. a vatics ad no tender der ball of Idig will op aft a a Iad.•r of goods. 3. TITLE AND R1SSK OF LOBS. The tide ad risk of loft of the goods "mil prom to Buyer apl B rya aadaugy sex dues ad ties "mason of the pods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER: Eretr tinder of delivery of Pods; mid Mlb• cavpr wish al piovisimu of deL eoatraasA to lion of dalvdrp, eleado snit Ibeliioc if a snider i made which dean not My conMre , drier shallctmmiute a beach ad Solow shill oral have ile right to substitute a aaaietft I fader, provided, wham tk time for performance ha not yet asPima she saw may msmaably gaily Buyer chi bbodo to erne ad may ba make a conforming laden wfhi tk comer ct time but am aR, J. INVOICE4! PAYMENTS. a. Sages *A mesh sepmate ivaieea in duplicate, cue each pmeham order or prchaft relome sftw add delivery. lavaioes shag id(raft Ik pumchaae order or pmcI taleae member aid be supply apmemss' am iw (fappliesbie. ivoicea shag be lionized ad ttaspormlic a dsI if ay, bill be Hand sgwaaely. A copy of the bill of ddin& aid the field wrAM wbm apphcable, should k a coed b she I A, Mail To: Ac o eb Payabe, City of La bbock, P. O. Boa 2W Lubbock, Taus 7907. Pwmm shag son be doe mail the above i mku mb ae and mbed after ddivay. 6. GRATUfr1ES. Tian Boyar may, by wtiva make to the Sella. omnoxl this tximeme'without lWillity ao Sellw if it is ateferm I by Boy orthu geamides, is the film daaeaeinu et, ilk ar odm wie, woe otfmW ar gives by tk Sdw, er say apt or mpvftutuive of the Seller, to ay oAber cremployee ofth City of Lidabaclu with a view b wowing a exmtrao'or maeiq bvesmblo treatment will; sapecs to die awmdfmg or owediK. or `e sating of ay di amiuids with repose' b she pestbrm' Bach s fah- , ba she even shin oo mmet i canceled by Buyer pomwaont to shin provision. Buyer dial be am" is mddkion to any dher right aid rmme - to amcover or wishhold do ationd of du cat (neeirnd by sedw is ptov(dieg a* gratuities. 7. SPECIAL TOOLS t TEST EQUIPMENT. Kdie prior slued a she hoe hereof iehdes the cost of mry *-W bogag a Wo W but o**nW " iesled a miluied by SaBw fw sae pupae of filltug Ihi -der, inch *=W boibg op mW sad any pmm bead aviaard dmralo bar beroma tk i emit' of a" Bmyw bd b ink east ibaalblo shag be i maW by she Sella a such. g. WARRANTY -PRICE. u. The price to be pad by she Boyw shill be the comaiaed in SeWs bid which Shcw wwriew b beam higher dish Seller's taarast procom onenures ly abas for productsof the kid ad speaficudou onvaad by this agreement hr sugar opasdlis under uWlr of like 000dWoa mod daoo duds of pwduft. In the event Seger Ismcbes this warraty, Ik prim of the item shell be reduced b Ube Seller's am ad prism on, I by a iau, or i the al0eesuive. Buyer my sued this cannot without U*ft ni Stier for branch or Seller's semi apenaa. b. Tim Saga wmmrs the no parson or ailing agency lea bus employs or hale ed to solicit or a"me this cost ad upon a spamom or abrmadiog for aaemiaon6 paaetrhge brokwap. er cmdo o fee euogd% Inds fib apbyrom of bona ftde emddiibW oommerei . or selling ageseks maintained by she Soler for din pupae of som ig b=itew. For turach of vkW= of ids wrraey the Buyer del have die rigid is addition to my odor eight of rights to osneal thin tx, I , wMwW IlbBiiy and b deduce ftom Ube eaarm price or Of $50,372.0 'M` aan �cpO y - - - - - a Pad U "re Surety 10. SAFETY WARRANTY. Seller was. fiat die product sold to fie Boyer *all conform to Ik ataandnb poamdpbd by die U. S. Del rtment of tAw under tie Occupational Safety• ad Haft Ad of 19M. In tk event tk product does as dxadI to OSHA adndarb. Bey" may reuia the product for arrectiou or replacement at the Seler's eapenre. to the event Seller in& so nehe the approprite correction within a reasonable time, correction made by Haver will be at be Seller's espeift, 11, NO WARRANTY BY BUYER AGAINST Ih•FRINGEMEN7S. As part of tbis damtrur for mie Seger agreesto esesrtain whetkr goods ma wilidtovd i soeerdooe wadi be tpi cificedims attached to dus aleemont will give rise so Ube rWkW claim or my third pawn by way of ilrbpmm of she lice. Buyermake so waerady char the production of goods sooadiog to be tpecifiostiea will sot give rise to mar a claim. ad is no event ball Buyer be tisbe b Seger for bdmWF= = in Ik event sou SeH r is mad a tk gi , I of bkbpmont dlhe lice. B'Sella is of the opinion dot a bfripmW or the No will rank he will softy, she Buyer so this effect i writing within two weach after the sighing of this agrenwit BBhyw does stet soeeive sndw and is abopmtb had lible /br she b*momW or Ik lie, Sugar will eve Buyer l amal m. IfSAw in pond fifth asoartais die production of the pods in acardence with the epeullkalions wig aeauf inisd igemt or the like, the exm' ' aid[ be salad void. 12. ROOM OF INSPECTION. Buyer shag have Ik right to impact the pods a delivery belme accepting does. 13. CANCELLATION. Boyar shall have she ri jag b cacd fw defalt all w any part of the hmdaivamm pwdm of thin cedar ifSeBw breaches say of Ube erns beew tmdndig wimmodes of Seaawor ff Ae SAw bassaft bsdvwt tar oemm(b and of bmkuplcy. such rigistof aooWlWm is i addition b ad am in Yes of my odwr nx mdin which Bhryer mq have in Lew or OW4. 14. TERMINATION. The peefamonoe of work nnder shin ordermay belanai sed i whole, wits part by theBoyar i aecor I with this provision. Termination orwork hereater shag be arfieesed by the deiaay of 1be Seller of s "Notice of Termindko" spaedyieg the etas" which performance of work under she coda is una and all 1k dad epos which such lemnitalion becomes efi sctive. Such right or larmiaadao Jain addition to sad ad in Bat of ibe righm of Buyer so forth i Claim 13, haoin. 13. FORCE MAIEURE Nealhes pasty dial be bald taw, Ilk far barn, tom (f ebe idNi =W day area ofprovisioa ofthis otonmmer is dsuyrd or prov eW by my dxhr" ON N— Ion do awed of be party whose pafgsona is fmlerliavd with, all which by the eseroie of ressum" d 0lips on said pony is am* to pnness 16. ASSIGNMENT-DEIBGATION. No right ori - 'b this oonmaet dA be =sped or daegmioa ofuny obligation made by Seller without the writer paroila(cs ofthe Beyer. Any attengNsd mipomm or dsoptioe by Seger shalt be wboi(y void aid dilly ieNeedve for all Penn" alma made in ctxafnrm@y, Nih this pmagrapb. 17. WAIVER. No calm or right ariig out of a brash ofthis contract con be diisahatgpd i whole or in part by a waver or nwAmition of ate claim errt ht unless Ik waiver or reameie im is supported by =-*ktaion ad is in writing signed by do a=', - party. H. INTERPRETATIDN-PAROLE EVIDENCE. Thin erring, pin my sI Ill aticn it bkb ad pwfwo a provided by Buyer i in edvationno for bib ad any other documents Provided by Seller a pet ofhi bid, is ham" by au prdes a a fiat expression of disk agraeemt and (coded also, a a complete aid exclusive mecom of the alma of ibeir aguaemmsl Whenever a term defined by `e Uniform Commercial Cade Is sad in Thls agrvoaehst, lk definition contained in the Conde is to oxsotrd. 19. APPLICABLE LAW. Thin agreement shell be pvrmal by she Uhdfwm Commercial Cade. Wkae eve Ik lam "Uniform Commercial Cade" i coed, it shill be ammrued a meaning tk Uniform Commadd Cade a adopted in do Stile of Tess as eRsstive ad i forma on tk dime of lid spoemm 20. RKHfr TO ASSURANCE. Whenever tine pity to"contract in good tuft has season to dpieation dushar parry's slat b perform k my demmd dmt the ilia party girt wriarm wmma of but bkm so parI in ink event that a doaad is mile and a mani idx is "'a+'NVURIP SWUMrder by lefts cw�suiits. the the Nag caf pooh fteaidhand" b me show aid oaa ell the bid ihvfaimi. send to die so mple(m) firnisled by dam Seger, if ony. but are event der dxrnfiict coomqua a of she paotig of der Caom d er which mq mywie rank tberefiun whether C i tA61 112(drm►igs as bacetp�ioma tk greeirncmtim shill gym• ATTEST: Ndwilimaodiig ay praviioa armed it the dximasetma agreesoast tk Sailer represents or mot it dial be agepd or delamiad that die act was caused dtrosgli segtigrmrs or omission Sutler if and warrants fiat -five perks m ce aid 6si-f) tdteakk logo procwig due coma due relmed ortbe or its empleyea, or of die subSefis► or assignee or is employees any. and sae Seger sha4 a his own capes", appear. defend and pay all Barges ofaoreeys and all cow dud ((.d:hdig, but der limited to oalculat' dxxipsiig and menacing) of all bwdwue ad other expenses mining iharefrwa of' i. dxaanectianh dtrrewitih moo day l�rhad -� -•--Ier >bslL a fa oerih espesves. ft hie Z cart only be ouadae eRiatve elms dthis Coetnct. Rebecca Ge a Sella erpasy hmdamahab as grves that my bona requiem hie Ahn, Saga warrants the yore calculations will be aid mcaaumWMd and w dhaNue provided by Sel�ri shill ono Nay lint ink responsibility b b9 ay. will aaot, ■ ay N vault m hardwase. @finer. or hawse tube. The City orl.aalibock. a 4'. lidemnily, beep and save hwwka and Jefead ate Buys a lanai provided. heap a its sole option, wary "ire die Seller. at my time, to demosetruseAe ph000dises it amends to follow is under to comply with all the obligations contained I i. The obligations contained 22. TIME. it is hereby expswy agased and understood der time is of she esaesee fw the but apply b prodi and servicesprovided by due Seller. is cob -Sclera mil' third pity performance of this dais' and failure by contract to med the time specifications of this involved in she eawion or development of the products aid services to be delivered to tk City aipeement will cam Seller to be In default ofthis tgram+ .. of Labhock underthin Contract. Faihre to amply with my of the obligations contained 23. MBE. no City ell Larbbodc hereby notifies an bidders tbm in regard to say coetrmet ea/ermd freer, may result in the City off ubbod availing itseddcosy offs now wrier the der aid into pursuant to this request, sdnariry aid women business antapriw will be afforded equal wader ibis Contract ioclodm& but not Hisied to. is eight pertaining to termination or default. opportunities to submit bib in tespon" to this invitation aid will not be discriminated spin" The warumn contained beam am separate ad discrete gam my other warranties specified on the grounds of race. color, on or natural origin in consideration for an wand. in this Costram ad we ad subject to any disclaimer orwarady, implied or expressed, or Hesitation of do Saer's Wbility which may be specified in Ihi Contra-, its appadices its scrodoolm ea mmeses or my dbcomem mompormed in the Contract by referdiee. Rev. 08/2005 TO: PURCHASEORDER DACO FIRE SAFETY EQUIPMENT PO BOX 5006 LUBBOCK TX 79408 5006 Page - 1 Date - 8/26/08 Order No. - 335057 000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR 1515 EAST URSULINE INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000h&46e LUBBOCK. TX 79457 BY: "' . V Ordered -- 08/26/08 Freight - FOB Destination Frt Prepaid Requested - 08/26/08 Taken B - ROBIN HOLDER Delivery - PER R SALAZAR REQ# 31395 ITB# 08-010-FO --------------------------------------- ....................................... -------- Description / Supplier Ite Ordered UM Unit Cost . UM Extension Req. Dt Bunker Coats- - 37.000 EA 1,069.0000 EA 39,553.00 09/26/08 Bunker Pants 37.000 EA 688.0000 EA 25,456.00 09/26/08 Suspenders 37.000 EA 42.0000 EA 1,554.00 09/26/08 This purchase order encumbers funds in the amount of $66,563.00, for a bid awarded to DACO Fire Safety Equipment, of Lubbock, Texas on January 10, 2008, in accordance with Resolution No.2008-R0013. The following is incorporated into and made part of this purchase order by letter of ratification of Resolution No. 2008-110013. CITY OF LUBBOCK ATTEST: Iyw+ /4 �4 Tom Martin, Mayor ebec a Garza, City Secretary Total Order. Terms NET 30 DAYS 66,563.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY Of LUBBOCK, TEXAS Seller and Buyer agree as follows: i. SELLER TO PACKAGE GOODS. Seller will package Soo& to accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows la) Seller's name and address, (b) Comigrnee's name, address and purchase order or purchase release number and the suppiN agreement number if applicable, (c) Container number and total number of containers, e.g. box I of 4 boxer and (d) the number of the container heitring the packing slip. Seller shall bear cost of packaging unless otherwise prick, ided. Goods shall be smtably packed fo secure lowest transportation costs and to conform with requirements of common tamers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accanpamed by packing fistls. 2. SHIPMENT UNDER RESERVATION PROHIBITED. SelM is not authorized to ship the µoxxls under reservation and no tender of a hill of boding will operate as a leoler of gtxxh. 3. TITLE .AND RISK OF LOSS. The title and risk of IcAs of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Everytender of deliveryofgoods must Fully comply with all provisions of this contract as to time of delivery, quality and the like. Ira tender is rude which does not fifty conform, this shall constitute a breach and Sefer shall riot have the right to substitute a conforming tender, pnwoded, where the time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then snake a conforming tender within the contract time bW not afterward 5. INVOICES R PAYMENTS. a. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable- City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of airy determinations with respect to the performing of such a contract. in the event this contract is canceled by Buyer pursuant to this provision, Buyershall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to The extent Feasible shall be idontifaed by the Seller as such. 8. WARRANTY -PRICE. a. The prise to be paid by the Buyershall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement fur simiku quantities under similar of like conditions and methods of purchase. in the event Seller breaches this warranty, the pnces of the items shall he reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. "The seller warrants that noperson or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employed of bone fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of vitiation of this warmly the Buyer shall have the right in addition to arty other, right of right to cancel this contract without liability and to deduct from the contract price, or otherwise recover withotit lability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limn ortexclode any implied warranties and any attempt to do so shall tender this ctntrael voidable V the option of the Buyer. Seller warrants that The goods furnished will conform to the specification, drawings, a rid decnptions listed m the bid Invitation, and to the sample(s) furnished by the Seller, if any. In, The event of a conflict or between the specirications, draw rip—ud descriptions, the specifications shall govern Noiwithstandmg any provisions contained in the cunlrxtual agreement, the Seller represents and warrants fault -free performance and fmdtrtrce result in the processing date and date related data (including, NA not limited to ealculatmg, comparing and sequencing) of all hardware, a+nware .end firmware products delivered an(d services provided under this Contract, ndividtwlIv or in cornhi anon, as the case may he from the effeoavedate of This Coojrtct. - A ko, the Seller warrants the year2(I(M) calculatior`s will he recognized and iaceommtiiktted ;md` will not, in any %:ay, result in hvdwarc, sonware rx tirnit failure. The City of Lubbock, at ,1, ", Ie +phi%n, may require the Seilep, at any hp+e. to demonstrate the pntcedures it intends to tint low in order to comply w &; ll the obligauohs cormauted herein. The obligaitms contained herein .apply to products and serkices provided by the Seller, its sub -Seiler oar any third party involved it the crv:aon or development of Ife products and services to he delivered to the ('try -)rLubbock under this Contract. Failure to comply with any orrbe ohliganons contained herein, may result in the City of Lubbock I, ailing itself of any of its rights under the law and tinder this Contract including, but riot limited to, its right pertaining to termination m default. Thc warranties contained herein are .wparatc and discrete from .vny other varantics %pecified in this Contract, and arc not subject to any disclauner of % aranty, implied or expressed, or hmdalmn of the Seller's liability which may be:,pecified in ibis Contract, ins appendices, its schedules, its annexes orany document incorporated In this Contract by reference. 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U S. Department if Labor under the Occupational Safety and Health Act of 1970. In the event the product does" conform to OSHA standards, Buyer may rettun the product for correction or replacement at the Seller's expense. In the event Seller fads to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. I I NO %VARRANT'V BY BL VFR ,%GAINST INFRINGF.MFNTS As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of arry lhnrl person by way of mfnngement of the like. Buyer makes no v%amnty that the production of got+ds according to the specification will riot give rise to such a claim, and in im et vnt shall Buyer he liable to Seller for indemnification in the event that Seller is sued on the gro io& of infringement of the like. If Seller is of the opinion that an infringement or the like will residt, he will notify the Buyer to this elTect in writing within two weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Sellcr in good f uth ascort tins the production of the goods in accordance with the specification will result in infringement or the like, the contract shalt be null and void. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at deft%ery before accepting them. 13. CANCELLATION. Buyer shall have the right to cancel for default all or any pall of the undelivered portion of thus order of Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is m addition to and not in lieu of any other remedies which Buyer may have in law or equity. 14. TERMINATION. The performance of ivork under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termination of wok hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause I.I. herein. 15, FORCE MAJEURE. Neither parry shall he held responsible for losses, resulting ifthe fulfillment of arty terms of provis ions of this contract is delayed or prevented by imy cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written pemrixsion of the linyer Any attempted assignment or delegation by Sellershall be wholly void and totally ineffective fix all purpose unless made in conformity with this paragraph. 17. WAIVER. No claim or right arising eat of a breach of this on It. t can he discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for hods and performance provided by Buyer in its advertisement for bids, cord any other documents provided by Seller as part of his hid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the tennt of their agreement. Wltenever a fern defined by the Uniform Commercial Code Is used in this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall he governed by the Uniform Commercial Code. Where ever the term "Uniform Commercial Cade" is used, it shall be construed ai meaning the Uniform Commercial Code as adopted in the Sate of Texas as effective and in force on the date of this agreement. 20. RIGHT TO ASSURANCE. Wheneverone party to this contract in good faith has reason to question the other parry's intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made ;end no assurance is given within Five (5) days, the demanding party may treat this failure as in anticipatory repudiation of the contract. 2 L INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer. its agents, officials and employees, against all Injuries, deaths, dos, damages, clairns. patent vlairns, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Huyer in conequenee of the granting of this Contractor which may anywise result therefrom, wfether or not it shall be alleged or determined that the act oats caused through negligence tr,omrs,ton of the Seller or its employees, or of the suhSeller or assignee or its employees, dan%. ,Ind the Seller shall, at his own expense, appear, defend and pay, all charges of attnme%s .rid all costs .end other expenses arising therefrom of incurW to connection therewuh, and, if ;wy judgment ,hall be rendered against the Buyer in my such action, the Seller shill, it its own expenses, c:aisfy and discharge the wine Seller expressly understands,*d agrees that any bond i.,oIuired by this contract, or othenv ie provided by Seller, shall in no %%ay Brun the rr�ponsihd;ty to indemnify, keep and sake harmless and defend the Boyer as herein provided. 22. TTME. It is hereby es pressly agreed and ind,,rst,xd chat time is of the m er,e fbr the performance of ibis cuntract. and failure by contract t,i meet the tune spvcdicatians of thts agreement will cause Seller to be in default of this agreement. 23. NIBE. Thc City of Luhhoek hereby nnufics all bidders that in n.;ard to .my .:ontract entered into pursuant to this request, m ncrity and women biainess enterprises �kdl be aftcrn:¢d aµraf opportunities to auhmm bids in response to this invitation and will not he discriminated against on the grounds oft ace, color. ex or natural origin in consideration far an award. Rev. 080005 TO: PURCHASE ORDER DACO FIRE SAFETY EQUIPMENT PO BOX 5006 LUBBOCK TX 79408 5006 Page - 1 Date - 10/28/08 Order No. . 338408 000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR 1515 EAST URSULINE LUBBOCK TX 79401 INVOICE TO: CITY UY LU5tK)UK ACCOUNTS PAYABLE P.O. BOX 2000 C LUBBOCK, TX 79457 BY: Ordered - 10/28/08 Freight FOB Destination Frt Prepaid Requested - 10/28/08 Taken B - ROBIN HOLDER Delivery - PER R SALAZAR REQ# 31779 ITB#08-010-FO ---------------------------------------....................................... Description / Supplier Ite Ordered UM -- Unit Cost ........... UM .. Extension ............ Req. Dt ...----- ---------------------------- Bunker Coats ........... 43.000 EA 1,069.0000 EA 45,967.00 11/28/08 Bunker Pants 43.000 EA 688.0000 EA 29,584.00 11/28/08 Suspenders 43.000 EA 42.0000 EA 1,806.00 11/28/08 Bunker Coats 7.000 EA ' 1,069.0000 EA 7,483.00 11/28/08 Bunker Pants 7.000 EA 688.0000 EA 4,816.00 11/28/08 Suspenders 7.000 EA 42.0000 EA 294.00 11/28/08 This purchase order encumbers funds in the amount of $89,950.00, for a bid awarded to DACO Fire Safety Equipment, of Lubbock, Texas on January 10, 2008, in accordance with Resolution No. 2008-R0013. The following is incorporated into and made part of this purchase order by letter of ratificationof Resolution No. 2008-110013. CITY OF UBBOCK ATTEST: 0" Tom Martin, Mayor Rebe a Garza, City ecretary Total Order ------------------------------------------------------------------------------------- Terms NET 30 DAYS 89,950.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK TEXAS Seller and Buyer agree as follows: 1. 5F LLE R Ill P \CK WE GIA10S Scher wvIl linter L.oye goads m :+curdance Ivdh 11Vaq ernnr.•n•ial practice C,xh .htppng x'Pauitr sl•afi � c!earh• and Ixnracently ,❑arLed ss 1,0 t 1,11 Sellers :name coil .:d,lrrs,, ill) Cors• jree's name. address : rd purehue order or "n,d,.>•+e '•,lease murherand I'•e ,,apply .v reeriltot ,umber d.rprhc,:ble, tc) Cortauter number ird toga ilumscr of contamers. a g. hos I of 1 `+m,•..: rJ till the number other comatner l,•,:nr.,a it,, pic4rg slip Sitter•hall ;ear cost ofi;aclagtry w•fes.i mher ,w pro,:,fed. Cnw,ds ,hall le ",.lab!, p ickeJ to sectac Mt,Ist trv+.xportauon co, is wind lu conform ,afh requirements of crmr,, ,, car, or, and irk• irplicible spov,ticatiors Bt.yer's count Iv t,e,ghl shall tit final and c,welu,oe in.h:ilmerts rat xtion,pu:ed by packing lists. SFIIP\IE \T I.\DFR RfSF RVAT10% PROHIBfI'ED. Sellers not avdlwin:ed W shop the cts L.-Acr �c ts, iron ird w Icr•!rr drat I..?? of I,,Jmg a,11 oiler otc as a terrier oPgo,.i h. ) TITLE \\DRiSK11FLOSS. Tl:cmle.wdrLkol'Irssoftheboods,hall r,,tPass toBuyer ,mw n.:ver,wtt.Jty rccenei tend takes FIv,,,,si n of the gosh al the ronit or punts of Jehvcry 1\0REPLACEVIEtirof0EFFCTIVr,rLNDER. Fveryreuderof.M.,cry'ofgoodsm,al Aid, ea•mp)y wnh all provcaans orthis cinlr.Iet is In time orm.,ery, gall,(y and file like. If a IC'•der rs w.tde 06ch •hies net f dty:onrlrm. finis ,half Constitute .1 breach and Seller,hall not la, a the ncht h) sub,hbse a conf,rtnmg len.k-r, pro%Aod. +,hare the time far performance has Per ),t e,p:resl, the Seller may re.,.sonahlyortifv nays of his Intention m cure and may then acd,e .r conforming lend lr,s,lhm the conmict hr^e hill not 4111arv,ud 5. t %0141.1S8R1\\IE\PS. .1 Sdtyr <hall .uhm:r separate omn,e s, ,n Jupbc.ite. one each l,tirchase tvder or lnvchme relic,, idlereach delivey. Ion ntces shall indicate the pn,chaw order ale pi,rchaae releme ,anther and IF.e Ippty agreement numbunfapphcdde. Invoices shall be riernized,md h a,xp+nah.n chvges, tans. shall fie L.tyJ.ep.v,ddy..\ ropy ul'the hdl of lading, ,mil the Ilright x.tyMll When apphc,dok, Jw-ulct ha alliwl!ed to the invoice. Mad, To: Accaurds P:tyahle, ('ivy of f.,dtheclo, P. 0 &,<:O011. Lubhwk,'rexa> 741457, Payment shall not be due until Ile .)Mee instnunents .ere submitted .18er dch very. 6. CIRATLITIES. The Buyer may, by vrtten notice to the Seller, cancel this contract without I,ah,lity it, SCller,fit ei determmrJ by Ruyerthat gr.itiutie,, In the form ofentenannment. gifts or olbenvose, ware ofTered ,v giv en by the Seller, ur,ny •agent or repre,eniabve of the Seller, to am• utTicer,rr emplayea of the City of Luhboek tv:th a vit,v to scoring a contraef or securing fa, orible frr,gment with re,pect to the awankoy oranenJing, or the making of ally determin lloini ,vdh respect to the Iertiorming or, itch a contract, hit the event this contract is c.mceled by Buys pur.mant to this provtsirn. Buyer shall be entitled, in addition fit any other rophls and ranches, to recover or withhold the amount ot'the cot Incurred by Seller in Ivovidi oR such gratuities 7 SPECIAL Tf )0L9 it TEST EQI'IPk1E NT If the price stated on the face hereof mchides the w,t ol'anit .,pccl.d hui'lly orspeclat test equipment lhbric,ded or required by Seller for ilea p,rpase of filling this order, such special t.v,hng aluipment send any prrrcess ,heels related fbcrco sh.11l become the property of the Buyer.uwl to the extent feasible shill be identified by the Seller as etch. 8 WARRANTY -PRICE. a. The price to be paid by the IFuyer scull he that contained in Seller's bid which Seller warrants 10 he too higher than Seller's current pnxe>, on orders by others for prodtwls of the kind:and .pecifcalioncovered by Ihis ifireemann forrswndarquantities ordersimilaroflike cnndmnn., and ralMxls of pivch:ae In the ,••cent Seller bre ties this w.irranly, the, prices of the ,terns shall'.ie mJu:eJ to the Srlkr's anrent prices on , rJers by .,then, or m Ihe alternative. Bowe• luny atrwel this c„ntract ,vdh.+tit 4alnhty to Selltx fr bre.xh Iv Seller'.: .towel espcnse. b flee Seller warrants ih.it It, person nr srllmu agency has been employed or retained to solicil or aecure this contract tope an ,)gr •ernent or understanding for wmm,ssion, pece nag , h okemlie, err ctgihn•tan rw excepfong Loma 6,16 emplrivees of hurts ride established commercial tar :elhng ,iycraes onitel:m,ed by the Seller f r the purpose or,ecuong business, f nr lire wh of v,uation of this ,aanvnty file Dover L.Iijill have the rght ,n addition ru .my •,ther irlit .:f rights td •:erred this eorincf ivahi,it It thhiy and to deduct fr,m the eumrlcy price, or .nhens,:;e recnur is:fhowit li,thdity,and to Jechict from the cnntract price, or othensise recover the f ill :imo,cnt of •tich commssocn, percertage, hrolierige tor contingent fee. ,) A%RR.\NTY-PRODUT. tie!ler.,ha),ill h,mlorvwfojJeany,:rplieJ•van.)n6ar.tnJany . netrpl to tki ,n ,hail ,em,ler this contract ,'a,dsbloo m the option of the n,iyer. Sella Iv irrnu flea ti:t „Ili e•41f,m1 to the .pnlfel110n, ,1r.1,H11g5, .Il:d,k,Cl': ptroin bsrxl in i.`,c had,n• ,tarot, and fin the .wlplei%) fn'rc'hol He the Seller, if,n)In the evert of a owfhct ,ir:,ervaen the ,r*,:-fcJwrs. dr.na,ngs. and Jc-cr,pttim, the spn,lic.mons tihalf;;,rern `L+t•v:ih^L;cJ•ru .any prow :,fan., r„nfam,d :n Iha coru.Ia•uul .i.lrecmrn41hr Srlb:r rrpre-:ants .:rd o. mark !;u,it•frcc perfmn arse ,�:d flvlt-fn•e 'e,o{f ,rasher prrass:rig date : r,l daces rcl.itcd .!.ire nrtioJ.rg, Nut rot 6rvted to e.dudumy: a/mp:vpn}r .foil ,cyuenc:ng) of all !,.uJw.ve. o:incase .ird f,ar„are pr,i,fuo•, .foI,vored ,awl "!r, ces prav,ded ender Ih,s ('err,:,al, �'d:• cal', .v r ,, ,,•b'; ,v,nit. as f:•e.axe s•:ay !e ti•,,m the ettni,,r.l.ur t:f ah, O wrxt tl,, ih•S,•Iter, rr.iot; dir,t�u'•.us)c.•;rJst.mr u,il he r�.cogrveJ .rant .�,:..,u..ro,!JIeJ. wit I .... ,:u. •n .:n, •.,ay. ; asuit +a i,enhl au4 .Jla.vr m Lrrn,t.,rt f.ub,Ie fhe 1'ny of I nl•Lo,CL. dt ••.,,n, ,:err io I•r,ply it.il:li't,"V!,.2.q;, 1_::rl„ nt...reJ l'ere:o.pla, ro,3ro:Kf arJ rr•:,:,•, pro,:deJ..v nv.ScIfer. its nh-Seth:r ur,u:y fh'rd,),rtv ,, •'I,: • ail :;, the •- rrdDi:n •,r Jc, elurwenf ,-.f the I:r,:Juets .1rd '.era.: es to •.e dch -red to 'he ('try th:•i.'„fr•ct f•i.retoc.mph. u: rh.any •>f d•, „h•; ,,rnr:•. m,,.ed '•^e-r,.•its•:c.r,ir:errs•1::n-•,flan.hhxk,,,.uhnSa,rll',+I.:m••f.ts�I;;h!s r.:Jer•le!.,,v.md u r W..i ('.,rlr.icl ,rc'nJ,:'g, had MI I. witeJ to. is %6H perair r� to termio. hen .,ri'1er.luit o tlf,i;*.,J:,e,eI'I.:, e 11.,.lie .mil ,1.',:age t'o,,nao flxr •,.,,..:area .I:,:r•Eed .:, ti•:, C,..vir n:I, u,J.ut rri -::h:.xf :oar,, dr cl.,, rer of'•, ar wli, r•p' eJ •:r I r h••.r:5 of +L•r del xr'.i' .d,:bay •t i•..;h, .:fats :v: sec. Lail do Ili„ f,J:ir.;cl. its .tGper'di rs, is oP•r,:::c..r •.:r^,:. is ••r.w, .!, .... •a..'I r„ r;;tn .:cd a :I• I C',..frat In 10. S \FETY 11'.\RRA%TY Seller w.trrarts that the pmoh,et sold to the Amer -hall cont:lm to the •tacJar la promul,.dal by the I- S Depammentof r L.1hori.: kr ill, tkcut:anlnal Sad h : rid I ical•b Act of l070 b, the evert the prod at ,lies not confw•n to OAHA •re+da i. B••l er nay reborn the product for ct•rrtctirn Ir replacement a1 the Seller's expense Ira the et ant sa•t'Cr fait: Ili make fhe .ippr,q.`n,tfe tanlC61ra within a reasonlhle time, correct: an r.•,tJe 6v Buyer ,,,It be.0 the Seller's expense - IL \O\1.\RR•\\T\'Bl'81,1'FR.\Gaff\ST I\FRI\GE�iC\TS Aslsutofih:;o•:!tractfor .de Seller .Ikrees to ascertain ,shafher ycooJs Itstnufactitnnl tin accordarcc ta.rh the ,pecdicahons altml ed to th.>.tcrecment,%dI give rise to iht rtuMfd ,taunt ,•f.Im •h,rJ p•.,••n Ill' ,vary of mfnngentenf ofihe like. Diner makes ro u,vrarlty that the rrivlucYra dccorJrng to Ills spepfcalw n wJI sal glee nor to such a claim, I'd.,! :I,` c• .,:it J-.111 [fits, !It liable to Seller far imlemmrlcatinn :n the event that Seller I, }utxl .n the pro -a & of nofrmgenitrtt of Ihe like. If Seller:s of the opinion that an Ilif viScrovent or Ilia like wsdt r •sull, he will ,aptly We Buyer to this effect in wrdnly within two weeks alter the s,gr.n of this ,!,r,emert Ifnuv v ,kxs roll receive notice and is a,tbsa)uantly held 1•4hie ri r Ihe n, fiu•gem:a•M or the like, Seller will saw Buyer harmless. If Seller it, ,aruJ I:adh .f,:crfaws the prr,gidien ol'thy gtx.Jf m accordance wnh the speclfiaYiuro will re>ull m rfrin>_eme it or the I Le, the contract ,hall be roll and void 11 RIGHTOFi\SPECfION. Boyer,halthave the re,Idto,rfprctthe gia,dsat,ichnghcfve aceepling than. 13 C'.loWELLAvoloi noryer,haH h.we the right to cancel f,r.4(;lult all „r,trm , : rr of the untkii+ered portion of tin; order if Seller breaches ,any of the temp hereoi r0tKii %t vs.uranttes of Scher or tf the Seller becomes insolvent or commtrs acts of hankniptc) Such r..'ll cf cancellation its in addition to and not in lieu of airy other remedies which Buyer may, have in lawor equity. Id. TERMINATION. Tle performance of work under this order maybe terminated In wholly. or in part by the Buyer m accoxdtlwe •vuh this provosmor. 'fermrnrhon of work hcrenrwkr shill !sr efTected by the delivery of the Seller of a"'Sotice of Tcrnunativn" specifying doe extent la) which performance ot'wwaii under the corder is wthin led .Ind the date upon Abash such lemwnalion fecanes effective Such right orterm,nati n is in aldotiun io and twit in lieu of the nglrs of Btryer act KMh m C'latne I J, hyretn. 15. FORCE MMEI IRE. Neither party .shall be held re ponsible ter ksses, resulting I f the fdtilIntent orally term orproviiauta of this contract is delAy d orpreverted by .tin :.time not within Ibe ctnirol of Ibe puny whose pertormance i, interfered wills. and which Iy the eacrecse of reasonable dd,gence said party, is unable to prevent. 16. ASSIGNMENT-DELFOA 1710N. M) ngld onnitrest to the cnnfrut shall be assr;yea! er delegation of any ohh.4ahon made by Stifer,vidtout the wooer prrmtswon of live Iluycr Any,alte hated assignment or delegation by Seller ;hall be wholly ,old no totally utelTective fir all purpose unless ,n.TJe in conformity with this paragraph. 17 WAIN IR. No) claim or right aris,ngois ofa breach of this contract call he du•chargal in v.lwole or in pint by a %4jiiver or rcnlmcialtun i•f ttia claim or r'tglit taileaB the ,vata err err renunciation is aupportud by consideration and in in writing signed by the aygriexcd party, 18. INTPAPRET.\'r10N-PAROLE EVIDENCE. This wnhng, plus Any .vpecirlo.toorts for b,ds.unl performance pmv,ded by Buyer in its advertismras fsvr-bids.mod any other dowurrlertts provided by Seller .s part III led, is ode led by the raiiles ,a a Anal expmsitrt of their agreementartJlntenJedalsom41 complete -viduaclusm'e>fatementorthe join, nfihwr agreinnertl. Whune)rr a ferm.kfned by the L'n,f:rm Commercial Code is u,ad nl 1111 . agreement, lite definition contained in the Cale is to comrel. 1.) APPE.IC ABLF'. LAW. loos .tyreentent %ball he;;oven-, d by the Uniform C'Isrrmercial n'rJe. Where ever the term •'Cam farm Commercial C'rde" ,s ,red, n ,hall be con:.Inted .cs mvaduoy; the Und'orm Crimniticial Code as adupled m the State of'rexis as e0 ctive:md In fvice on the ,tale of this agreement. 20 RIGHT TO ASSURANCE. Wheneverone pAry, I,) this ccntrict in good frith has reason to question the other party's silent to perform he miry ,k,rand Chit the usher party gave wrrttot .e,sur,tnce of his intent to perform. In Ihe : emt that .) Jemm:J is ,ra k .and no ,cs' um ce u I;tven within fvel5) Jays, the dtmandng party nisy In at this failure as.n.usoc,palury repudiation of the c,ntract. II I\DE VIN111CATION. Seiler.hnll wJemmfv, Jeep and .tare h..vmlrss tl,r 8gyyr, Ir:,rxitrs, OTc,als:irdompinyem. igmrmill mp.nm.,kath,,hxs,damages,C1.r1nS,Jt,tent ).ism, 'I.N. tiandit:a.plJgmcns, costs and yapen,es, tthsch may m anywise ,wcnie against the Buycr ,r eor,acgi once of tax pau,tntg of :his Cnntr, ct or •thick nUv An -.I Ise re,nh ihcre tom. It bether ur rut fl shall be.tllegod or Jeterniuitd that the .act v,as,awed Ihrungh negh,; me In aill i,_"in , ( Ihe Seller or is emple%Ins, or of the sish.4rller it .t,sfgnce or its eorpb•y.ri, I r wv. •old the So; tar JIm11. .d his own c'Ipenae, aprev. derow.11A pay all c1•argc nf,mar.xl,.Ind al IIIII t and of her esperies ansmy therefn,m of, ocoirrod Ili correction therc,vdh, and, rf env )to.I;'woot JmlI Ne rerJerci Igmr:d Ihe 8w er :n ar) >,ich wtIon. the ieiler %hall, .II :Is ,I•vn r per.,es. ..itisry .oid,asch.t: gc the same Seller r.,pi­sly io:der,tat'd, and agree; t1,.a1 any I , cd r;qu.r. -1 kv nos: ,r,trxt, or „rhrr,;,e pnr ,de! by SeC1ji. ,Pa!i'n uL-•eau ";r.J rhr 'r,purcd•Iidy t.� : demnd'}•, teep .:rd .,err li.irmlcss .wd dcfr:d the 8u3cr .0 I•erein i:r,naded. ::t.IF !: :..�: `lit :ilia-s.l� .air e, :,rJ ,: ,, r. :•w:u :„at f;j7e .i •:l sass,,. t."'e l ('t'C I•rrlinlnancr u!'II`;s ,:,irlmcf. and fa ,!ire "I,r,a:trot If,eert !tc.e fame 'pn,rcal:or.., .d lhas .�gr enicrt wall ,same Seller to he in ,t,Ct.lutt of :tin ayrremem ? ,.18E Toe Cm• of I.uhh.wk hrreln n,q,fes aft !•.,Jders that ,n regard ir..wy.;. rmr ic•f - 'Nre.l err. ;:urn. u.aa to rbs rr.,ursr ,ats•nr .,#,d -):rear :.a ass tctr,Fc,es •vwh :w.,:):n.frd a:•..II glpo,uorwics to ,ubrnt !mis ,n re,pcnx to rhis r, fX,on ,,rd ,,,ll nor !ie d:scrur:'aced .ig.i-n ,l In t!:e ,,:rot.cibi of race. color, ,ea tir eatiti A on;im tin on.ideration fur an ar,ard Rev 1.)8/2,:45 TO: PURCHASE ORDER DACO FIRE SAFETY EQUIPMENT PO BOX 5006 LUBBOCK TX 79408 5006 Page - 1 Date - 11/17/08 Order No. - 339329 000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR 1515 EAST URSULINE LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 va;t?77 LUBBOCK, TX 79457 BY: - ---•----- ----------- -------- Ordered - 11/13/08 Freight - FOB Destination-Frt•Prepai Requested - 11/13/08 Taken By - ROBIN HOLDER Delivery - PER R SALAZAR REQ# 31837 ITB# 08-010-FO -------------------------------------------------------------------------------------- Description / Supplier Ite ............................ Ordered UM Unit Cost UM Extension Req. Dt Bunker Coats ........... 27.000 -- EA ........... 1,069.0000 -- EA ------------ 28,863.00 ........ 12/13/08 Bunker Pants 27.000 EA 688.0000 EA 18,576.00 12/13/08 Suspenders 27.000 EA 42.0000 EA 1,134.00 12/13/08 This purchase order encumbers funds in the amount of $48,573.00, for a bid awarded to DACO Fire Safety Equipment, of Lubbock, Texas on January 10, 2008, in accordance with Resolution No. 2008-R0013. The following is incorporated into and made part of this purchase order by letter of ratification of Resolution No. 2008-R0013. CITY OF LUBBOCK ATTEST: Tom Martin, Mayor Rebec Garza, City Secretary Total Order ------------------------------------------------------------------------------------- Terms NET 30 DAYS 48,573.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's nave and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply withal] provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for perftgnrance has not yet expired the Seller may reasonably iiotify Duyier of his intention to cum and 16/then make a conforming tender within the contract time but not ,a4rw d„ 5. INVOICES & PAYMENTS. a. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457, Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7, SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the samples) furnished by the Seller, if any. Lithe event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any proyisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault -free result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the can may be from the effective date of this Contract. Also, the Seller warrants the year2000 calcuiations will be recognized and accommodated and will not, in anyway, result in hardware, software of firmware failure. The City of Lubbock, at its sole option, may require the Seller, at any time, td demos strate the procedures it intends to follow in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Seller, its sub -Seller or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction rnade by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person byway of infringement of the like. Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement if Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. 13. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terns hereof including warranties of Seller or if the Seller becomes insolvent or conunits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 14. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 13, herein. 15, FORCE MA3EURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said patty is unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 17. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Where ever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other patty's intent to perform he may demand that the other party give written assurance of his intent to perform In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract 21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claim, patent clairm, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costa and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agree that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 22. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement. 23. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bibs in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award - Rev. 08/2005 CITY OF LUBBOCK URCHASEORDER TO: DACO FIRE SAFETY EQUIPMENT PO BOX 5006 LUBBOCK TX 79408 5006 Page - 1 Date - 2/25/09 Order No. - 343810 000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR 1515 EAST URSULINE INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK. TX 79457 BY:' ............................................................................ Ordered - 02/24/09 Freight - FOB Destination Frt Prepaid Requested - 02/24/09 Taken By - ROBIN HOLDER Delivery - PER R SALAZAR REQ# 32359 ITB# 08-010-FO Description / Supplier Ite Ordered UM -- Unit Cost ----------- UM -------------- Extension Req. Dt ........ ---------------------------- Bunker Coats ----------- 40.000 EA 1,041.0000 EA 41,640.00 03/24/09 Bunker Pants 40.000 EA 665.0000 EA 26,600.00 03/24/09 Suspenders 40.000 EA 42.0000 EA 1,680.00 03/24/09 This purchase order encumbers funds in the amount of $69,920.00, for a bid awarded to DACO Fire Safety Equipment, of Lubbock, Texas on January 10, 2008, in accordance with Resolution No. 2008-R0013. The following is incorporated into and made part of this purchase order by letter of ratification of Resolution No. 2008-110013. CITY OF LUBBOCK r'G TomMatnw Mayor ATTEST: -CO4-� Reb ca Garza, City Secretary Total Order ------------------------------------------------------------------------------------- Terms NET 30 DAYS 69,920.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with pucd commetcial practice. Each shipping container dull be clearly and permanently marked as follows (a) Seller's name and addrem (b) Consignee's name. address and purchase order or purchase release number and the supply agreement number if applicable. lc) Container number and total number of containers, e.g. box 1 of 4 boxes, and Id) the number of the Container bearing the packing slgt. Sella shall hear cost of packaging unless otherwise provided. Goods slag be winbb pecked to whose lowest trauportation costs and to conform wqh requirements of common carriers and any applicablespecifications. Buyer's count or weight shall be find and conclusive on shipments mot accompanied by Packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under taervarioa tied no teach of a big of lading will open so has a tender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods "not pas to Buyer until Buyer actually receives and takes possession of the goods at the point or poims of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods mud fully comply with all provisions of this connect"to time of delivery, quality and the like. if a tender is made which does not fully conform. this shall constitute a'bieaeh and Seller shall not have the right to substitute a conforming !eider. providecL wham the time for performance has not yet expired the Seller may reaaably notify Buyer of his imention to cute and may then make t conforming tondo within the contract time but not afterward 5. INVOICES PAYMENTS. a Seller shall submit separate invoices. in duplicate, one each purchase order or purchase release after each delivery. invoices shall indicate the purchase order or purchase release number and the supply agreement number if spplicable. Invokes shall be itemized and transportation charges. if any, shall be listed separately. A copy of the bill of lading{. and the freight waybill when applicable shcuhd be attached to the invoke. Mai! To: Accounts Payable City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above inatrumeries are submitted after delivery. 6. GRATUITIES. The Buyer may. by written notice to the Seller, canal this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of ematai meat, gifts or otherwise. were offered or given by the Seller, or any agent or mvmenhtfve of the Sella. to any officer or employee of the City of Lubbock w itb a view to securing a contract or securing favorable tremunent with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In thin event this connect is canceled by Buyer pursuant to this provision. Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller In Providing such gratuities. 7. SPECIAL TOOLS A TEST EQUIPMENT. if the price stated on the face hereof includes the cost of any special tooling or special test equiptrterd fabricated or required by Seiler for the purpose of filling this order. much special tooling equipment and my process abeam related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as shah. 6. WARRANTY -PRICE. a. The price to be paid by the Buyer shag be that contained in Seller's bid which Seller warrants to be no higha than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and malteds of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Sella's current prices on orders by others, or in the alternative. Buyer may canal this contract without liability to Sella for breach or Seller's actual experaw. b. The Sella warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding far commission percentage brokerage. or camtingert fee excepting itoas fide employees of bow tide established commercial or wiling agencies maintained by the Seller f r the purpose of securing busheas. For breack of vkistim of this waraaty the Buyer shall have the right in addition to my otter right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct firm m the contract price, or otherwise recover the ruff amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Sella shall nit limit or exclude any implied warranties and any attempt to do so shall render this contract voidablesi the option of the Buyer. Seller warrants that the goads fiunidsed will confute (o the specificoioa, draw fn js and lexripriom listed in the bid invitation, and to die samplefs) ftantisbod by the Seller, if any. in the event ofa conflict or between the specifications, drawings, and diescriptiers. the specifications shelf gorvern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -Bee performance and fault -free result in the processing date and date related dos (including. bud not limited to cakulaift comps* and sequencing) of all hardware. software and firmware Products delivered and services provided wader this Contract. .. individually or is combination. as the arse may be from the effective doe of this Ccet act. Also. the Seller warrants the year?1M calculations will be recognized and accommodated and will not, in anyway, result in hardware, software or'firmware failure. fhe City of Lubbock, at its sole option, may mgwm the Seller, it any time, to de monsarate the procedures it itends to follow in order to comply with all the obligations contained herein. The obligations contained hemet apply to products and services provided by the Seller. is sub -Seller or any third party involved in the creation or development of the Products and services to be delivered to the City of Lubbock under this Contract. Faille to cornply with any of the obligations contained hems., may result in the City of Lubbock availing tselfof any of its rights under the law and urwfer this Contact including, but not limited to, its right pertaining to le mmation or default The warranties contained herein are separate and discrete from my other warranties specified in this Contract. and are not subject to any disclaimer of waraaty, implied or expressed. or limitation of the Seller's liability which inay be specified in this Contract, its appendices. its schedules, its annexes or any document incorporated is this Contract act by reference. 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational SsfetY and Heahh Act of 1970. In the event the product does not conform to OSHA standards. Buyer may return the product for correction a replacement at the Seller's expense. In the event Sella fails to make the appropriate Cormtion within a treasonable time. correction made by Buyer will be at the Sella's expense. IL NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. Aa pat of this contract for sale Sella agrees to ascertain whether goods mmufactuted in accordance with the specifications attached to this agreement will give rise to die rightful claim of my third perxm by way of iofiingtmeetu of the like. Buyer main no wamsey that the production of goods according tu the specification will not give rise to rich a claim athd m no event shell Buyer be linte to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the hie. if Seller is of the opinion drat an infirmy tent or die lice will result. he will n hdfy the Buyer to this effect fit writing within two weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infifng uraht or the like. Seller will save Buyer harmless. If Seller in good faith ascertain the production of the goods in accordance with the spailicieian will result in infringement or the like, the contract shall be null and void 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting hens 13. CANCELLITiON. Buyer shall have'the right to cancel for default all or say pat of the undelivered portion of this order if Seller breaches any of the tom hereof including warranties of Seller or if the Seller becomes insolvent or Commits ands of barknip". Such right of cancellation is in addition to and not in lien of any other remedies which Buyer may have in law or equity: 14. TERMINATION. The performaue of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termmation of work hereunder shall be effected by the delivery of the Sella ofa "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 13, iraein. t 5. FORCE MAIEURE. Neither party shell be held responsible for losses, resulting if the fulfillment of any terns of provision of this contract is delayed or prevented by any cause not within the control of the parry whose performance is hmerfered with, and which by the exercise of reasonable diligence said party is unable to prevcnt 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of flue Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph 17. WAIVER. No claim or right arising out ofa breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right umtless the waiver or renunciation is supported by canaidauion and is in writing sighed by the aggrieved party. 18. INTERPRETATION -PAROLE EVIDENCE. This writing, phis my specifications for bids and performance provided by Buyer in its advertu rhent for bids, and any other documents provided by Seller as pat of his bid. is intended by the parties as a final expression of their agree em and intended also as a complete and exclusive statement of the terns of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agmemenL the definition contented in the Code is to control. 19. APPLICABLE LAW. This agreement shall be govemed by the Undam Commercial Code. Where ever the term "Uniform Commercial Code" is used it shall be construed as mreauing the Uniform Commercial Code as adopted in the State of Texas a effective and in force on the doe of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has ream to question the otha parry's intent to perform be may demand that the other party give written assurance of his intent to perform in the event that a demand is ms& and no assurance is given within, five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 21. INDEMNIFICATION. Seller shell indemnify. keep and save harmless the Buyer. its agents. officials and employees, against all injuries, dembs. loss, damages, claims, panatt claims suits, liabilities, judgments. Cosa and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Comm or which may anywise rewft rhaefiom. whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its em;hloyees, or of the subSeller or assignee or is employees. if any, and the Sella shall. at his own expense. appear, defend and pay all charges of attorneys and all cults and other exgh o - arising therefrom of incurred in connection dwrewithiL an& if any judgment Jull be rendered against to Buyer in arty such action, the Seller shall, at is own expenses. :misty and discharge the sane Seller expressly understands and agrees rho my hood m4uirod by this ;1,nU cL or ohherwtse provided by Seller. ,hall in no way limit the responsibility, to indemnify. keep and save harmless and defend the Buyer as harm provided :. TIME. It is hereby expressly agreed and understood that rime is of the e&wwe for the performance of this contract, and failure by contract to meet the time specifiCatioea of this agreement will cause Sella to be in defauh of this agreenhemt. 23. MBE. The City of Lubbock hereby notifies all bidden that in regard to any contract entered into Pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race. color. sex or natural origin in consideration for an award Rev. 08/2005 TO: U R C H A S E ORDER DACO FIRE SAFETY EQUIPMENT PO BOX 5006 LUBBOCK TX 79408 5006 ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 SHIP TO: BY- Page - 1 Date - 5/27/09 Order No. . 348042 000 OP Brn/Plt - 3511 CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR 1515 EAST URSULINE LUBBOCK TX 79401 ------------------------------------------------ -------=------------------- -------- Ordered 05/27/09 Freight - FOB Destination Frt Prepaid Requested - 05/27/09 Taken Byy - ROBIN HOLDER Delivery - PER R SALAZAR REU 32819 ITB# 08-010-FO -------------------------------------------------------------------------------------- Description / Supplier Ite ---------------------------- Ordered UM Unit Cost UM Extension Req. Dt Bunker Coats ........... 23.000 .. EA ........... 1,041.0000 -- EA ------------ 23,943.00 -------- . 06/30/09 Bunker Pants 23.000 EA 665.0000 EA 15,295.00 06/30/09 Suspenders 23.000 EA 42.0000 EA 966.00 06/30/09 This purchase order encumbers funds in the amount of $40,204.00, for a bid awarded to DACO Fire Safety Equipment, of Lubbock, Texas on January 10, 2008, in accordance with Resolution No. 2008-R0013. The following is incorporated into and made part of this purchase order by letter of ratification of Resolution No. 2008-R0013. CITY OF LUBBOCK ATTEST: Tom Martin, Mayor Re ecc Garza, City Secre ary ; Total Order ------------------------------------------------------------------------------------- Terms NET 30 DAYS 40,204.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping convener shall be clearly and permanently marked n follows (a) Seller's tame and address, (b) Consignee's name, address and purchase order or purchase reline number and the supply agreement number if applicable, I c) Contaieer number and total number of containers, e.g. box I of 4 boxes, and (d) the number of the container bearing the packing shp. Seller shall tear cast of pedngling unless otherwise provided Goods shall be suitably packed to secure lowest transportation costa and to conform with requirements of camnio n corners and any applicable specifications. Buyer's count or weight shall be fatal and conclusom on shipments not accompanied by packing Bata. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND R ISK OF LOSS The title and risk often of the goods shall net pas to Buyer until Buyer actually receives and takes passessiun of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER Every tender,kdeli ay of 8o h must fully comply with all provisions of that contract asto`1 fdthvery duality arid`the fake. Ifs tender is made which does not fully conform, tfifs shalliplute)nbrel�b�rrd$(IlllarlbJl pore have the right to substitute a conforming tender, provided, whine tM e'Bmd hear pint rforman ce has not yet expired, the Seller may reasonably notify Buyer of hie intetyion to cure and may than nuke a uanfarmung tender witlun the contract time but not afterward S. INVOICES d PAYMENTS. a. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices dull indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall he itemized and transportation charges, of any. shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable should be attached to the invoice. Mail To Accounts Payable. City of Lubbock, P. O. Box 2000, Lubbock Texas 79457. Payment stall not be due until the above nrutrunnerts are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, camel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gift or otherwis4 were offered or given by the Seller, or dny agent orreprrsemative of the Seller, to any officer or employee of the City of Lubbockwith a view to securing a contract orsecuring favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performing of such a contract. In the evens this camact is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to arty other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS d TEST EQUIPMENT If the price stated on the face hereof includes the cost of army special tooling or special teat equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as suck 8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warn -ants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities tinder similar of like conditiorei and methods of purchase. In the even! Seller breaches this waranty, the prices of the items shall be reduced to the Sellers current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bat fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of vitiation of this warranty the Buyer shall have the right in addition to arty other right of rights to camel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwse recover the full amount of such commission, percentage brokerage or contingent fee. 9 WARRANTY -PRODUCT Seller shall not limit or exclude arry implied warranties and arty attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished wit conform to the specification, drawings, and descriptions listed in the bid invitation. and to the sample(s) furnished by the Seller, of arty. In the event of s conflict or between the specifications, drawings, and desenptiors, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement. the Seller represents and warrants h'ault-free performance and fault -free result in the processing date and date related data (including, but net limited to calculating. comparing and sequencing) of all hardware, software and Firmware products delivered and services provided under this Contract individually or in combination, as the arse may be from the effective date of this Contract. Also, the 41ler vvaments the yeer200D calculations will he recognized and accommodated and will not. in any way, result in hardware, sofware of firmware failure. The City of Lubbock. at its �le option. may require the Seller. at �y nine. to demmstraie ilie piroced6i,es t intends to follow in order to comply with all the obligations cuntamed herein. The obligations contained herein apply to products and services provided by the Seller. its sub -Seller or any third party involved on the creston or devetopment ofthe products and seices to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result urn the City of Lubbock availing Itself ofapy of its rights under the few and under this Contract including, but not limited to, its right pertaining to termination or default. lie warranties cortamed heron are separate and discrete from any other warranties specified in this Contract, and are not :object to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document mcorp raled i n this Contract by reference. 10 SAFETY WARRANTY Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacerrnent at the Seller's expense. In the event Seller fads to make the appropriate correction within a reasonable time. correction me& by Buyer will be at the Seiler's expense. I - NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As put of this coitnn for sale Seller agrees to ascertain whether goods nwafiietured in accordance with the specifications attached to this sgreement welt give rise to the nghtfal claim of arty third person by way of infringement of the like. Buyer makes no warardy that the production of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in this evert that Seller is sued on the gmunb of infringement of the like. If Seller is of the opinion that an infringement or the like will result, he wall notify the Buyer to this effect in wnting wthin two weeks after the signing of this agreement. If Buyer does net receive notice and is subsequently held liable for the infringement or the like. Seller will save Buyer harmless. If Seller in good faith ascertains the production ofthe goods in accordance with the specifications; wit result in mfiirgermst orthe like, the contract shall be null end void. 12, RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. 13. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Saileror if the Seller becomes insolvent or commits acts ofbankruptcy. Such right of cancdlation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 14 TERMINATION. The performance of waA under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of s "Notice of Termination" specifying the extent to which performance of worn under the order is terminated and the date upon which such terminationbecanes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 13, herein. 15. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said perry is unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Arty attempted assignment or delegation by Sellershall be wholly void and totally ineffective for all purpose unless nude in conformity with this paragraph. 17. WAIVER. No claim or right arising out ore breach of this contract an be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the partiesas a fire[ expression of their agreement and intended also as a complete and exclusive statement of the terns of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 19, APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Where everthe term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other patty's intent to perform he may demand that the other Percy give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees. against all injuries, deaths, loss, damages, claims, patent claims, sou, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the graining of this Contract or which may anywise result therefrom whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expanse, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if am judgment shall he rendered against the Buyer in any such amoq the Seller shell, at its own expenses. saisfy and discharge the same Seiler expressly understands and agrees that am bond required by this contract, or otherwise provided by Seller, shall in no war limit the responsibility to nndemmfv, keep and save harmless and defend the Buyer as herein provided 21 TI'vIE. It is hereby expressly agreed and urderstocd that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement wil cause Seller to be in default of thus agreement. 23, GIBE. The City of Lubbock hereby ratifies all bidden that in regard to any contract entered into pursuant to this request, minority and women business cnterpnses will be afforded equal opportunities to submit bids in response to thus invitation and will not be discriminated against an the grounds of race. color, sex or natural ongin in consideration for an award. Rev. 1):3l:.if)OS