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HomeMy WebLinkAboutResolution - 2014-R0214 - Contract - Daco Fire Equipment - Protective Clothing For Fire Fighting - 06_12_2014Resolution No. 2014-RO214 June 12, 2014 Item No. 6.22 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 11862 for protective clothing for structural fire fighting, by and between the City of Lubbock and Daco Fire Equipment, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on June 12, 2014 C. ROBERTSON, MAYOR T'ITEST: 4"'JX7 Garza, City Secre ry VED AS TO CONTENT: ke Kemp, Fire Chief PPROVED AS TO FORM: ✓:ccdocs/RES.Contract-Daco Fire Equip ay 21, 2014 City Of Lubbock PURCHASE ORDER TEXAS TO: DACO FIRE SAFETY EQUIPMENT 201 AVENUE R P.O. BOX 5006 LUBBOCK Texas 79408 5006 Page - 1 Date - 06/25/2014 Order Number 10011985 000 OP Branch/Plant 5619 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION COMPL RAULSALAZAR 1515 EAST URSULINE LUBBOCK Texas 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 13Y: Marta Alvarez, Director of Purchasi M& C t ct M ement Ordered 06/25/2014 Freight Requested 07/31/2014 Taken By Delivery PER R SALAZAR - REQ 43896 CON# 11862 KSHEPHERD Description/Supplier Item Ordered Unit Cost UM Extension Request Date Bunker Coat 86.000 1,090.0000 EA 93,740.00 07/31/2014 Bunker Pant 86.000 697.0000 EA 59,942.00 07/31/2014 Supenders 84.000 EA 07/31/2014 Belt 2.000 EA 07/31/2014 Total Order Terms NET 30 DAYS 153,682.00 This purchase order encumbers funds in the amount of $153,682 awarded to Daco Fire Safety Equipment of Lubbock, Texas on June 12, 2014, The following is incorporated into and made part of this purchase order by reference: ITB 14-11862-KS bid form. dated May 12, 2014 from Daco Fire Safety Equipment Lubbock, Texas. Resolution# 2014-R0214, CITY OF LUB "ST. Glen GKobertson, Mayor Rebec a Garza, City Secretary Resolution No. 2014-RO214 Contract 11862 City of Lubbock, TX Contract for Protective Clothing for Structural Fire Fighting THIS CONTRACT made and entered into this 121h day of June, 2014, by and between the City of Lubbock ("City"), and Daco Fire Equipment, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Other Clothing Supplies and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Other Clothing Supplies. 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 are attached hereto and made part hereof, Contractor will deliver to the City Other Clothing Supplies and more specifically referred to as Items 1-6 on the bid 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 procedures outlined in the Bid Form and Specifications attached hereto and Insurance required in Exhibit A. The contract shall be for a term of two year, with the option of three, one year extensions, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. 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. 6. 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. 7. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. At any time during the term of the contract, or 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 to the City 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. 9. Non Appropriation: 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 non - appropriation 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. 1 p This Contract consists of the following documents set forth herein; Invitation to ITB 14-11862- KS, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year; rst above written. Executed in triplicate. CONTRAC BY �4 'r �i<-- Authorized Representative EST: Rebe ca Garza, City Secret APPROVED AS TO CONTENT: Michael Kemp, Fire Chief APPROVED AS TO FORM: Chad r r ssi Ci ttorney ARRETT bO$MEZER Print Name 201 AVE R Address LU$$OCK, TX 79415 City, State, Zip Code Exhibit A City of Lubbock, TX Purchasing & Contract Management ITB 14-11862-KS, Protective Clothing for Structural Fire Fighting III — INSURANCE COVERAGE REQUIRED SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the tollowtne tvoe(s) and TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Claims Made ® Occurrence ❑ W/Heavy Equipment ❑ To Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY AUTOMOTIVE LIABILITY ® Any Auto ❑ Scheduled Autos ❑ Non -Owned Autos EXCESS LIABILITY ❑ Umbrella Form GARAGE LIABILITY ❑ Any Auto ❑ All Owned Autos ❑ Hired Autos COMBINED SINGLE LIMIT General Aggregate 1,000,000 Products-Comp/Op AGG X Personal & Adv. Injury X Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate Aggregate 1,000,000 Each Occurrence Aggregate Auto Only - Each Accident Other than Auto Only: Each Accident Aggregate ❑ BUILDER'S RISK ❑ 100% of the Total Contract Price ❑ INSTALLATION FLOATER ❑ 100% of the Total Material Costs ❑ CARGO ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ® EMPLOYERS' LIABILITY OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Auto/Genera! Liability on a primary and non-contributory bases. ® To include products of completed operations endorsement. ® Waiver ofsubrogation in favor of the City of Lubbock on all coverages, except Page 1 of 2 Exhibit A IMPORTANT: POLICY ENDORSEMENTS The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1625 131h Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. Page 2 of 2 City of Lubbock, TX BID FORM Protective Clothing for Structural Fire Fighting In compliance with the Invitation to Bid 14-11862-KS, 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. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 14-11862-KS is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. UNIT OF UNIT PRICE* EXTENDED Delivery Days ITEM Q T) MEASURE DESCRIPTION BID COST I. 175 Each Protective coats, as specified $1 , 090 .00 S I 90 , 750 .0 75-90 herein. 2. 175 Each Protective trousers, as specified S 697.00 S1211975.00 75-90 herein. 3. 60 Each Outer shell, as specified herein. S S r — PANT 439.0026,340.00 5-9 4. 60 Each Thermal liner and moisture SCOAT 362.0 $37, 920.00 75-90 barrier assemblies, as specified PANT 261.Oo 15, 660.00 75-90 herein. 5. 60 Each Individual thermal liners, as S G VA L 16U.UoS 10,45U lb — specified herein. PANT 136 . 00 8,160.00 75-90 6. 60 Each Individual moisture barriers, as SCOAT 1 I . S 1 , 75-90 specified herein. PANT 124.00 7 440 . 00 75-90 Total Cost (Items 1-6) S 736500 OPTION: 1. 60 Each Optional individual thermal liners, ass ecified herein.ostTotal S NIB C LS,73, 645.00 "PRICE: F.O.B. Destinatinn, Freight Pre -Paid and Allowed "Days After Receipt of Order (ARO) 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. PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of 0 %, net34alendar 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 nurnber 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/servievs; does not include an element of profit on the sale in excess of that oonnally obtained by the Bidder on the sate of products/services of like quality and quantity; and does not include any pr&isiart for discounts to selling agents. If at any time during the contract ti 1'urchasertitd Uocsrt'M 1•1-1 1862-KS Prorcctive (Itithing Ayr .' rix urat Eire Fighilng 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 sarne 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): fhe 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 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 Ilousing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texts Municipal Power Agency, Lynn County, and City of Wolfforth. YES X 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 DACO FIRE EQUI ,%R ration organized under the laws of the State of TEXAS , or a partnership consisting of of the City of DACO FIRE EQUIPMENT or individual trading as Address: 201 AVE R City: LU$SOCK State: TX Zip 79415 Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Officer Name and Ti Please Print - Hurst sign by hand UARRETT DOMEIER Business Telephone Number 806-763-0303 FAX. 306-763-9151 E-mail Address: garreft0-cfacof i re . com FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named FirmA nd ivid tial: Date of Award by City Council (for bicis over S50,000): Date P.OjContract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG wrm CITY OF LUBBOCK SPECIFICATIONS. LABEL TnE OUTSIDE OF YOUR SEALED BID WITH TIIE in) NUNIBER, TILE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. S 11urchase/t3id DmVI F17 I4-1102-KS Protective Clothing for Stnictunl Fire Fighting SPECIFICATIONS S:Purchase/Did Docs/ITB 14-1 1862-KS Protective Clothing for Structural Fire Fighting City of Lubbock, TX ITB 14-11862-KS Protective Clothing for Structural Fire Fighting GENERAL REQUIREIMENTS Delivery: a. The delivery of garments for all orders other than "Rush" orders shall be required within 80 days of the receipt of the order. b. 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. c. Each order will be faxed to the bidder/manufacturer during normal business hours. The date on the fax confirmation printed by the City of Lubbock 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 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. 2. Training: a. 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. b. 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. c. 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. d. 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. Guarantee: a. 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 Page 1 of 27 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. 4. Repairs: a. The bidder/manufacturer shall have an in-house repair facility available to the City of Lubbock 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. b. NOTE: Any cleaning and repair service that is used must be acceptable to both the manufacturer and the City. 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. 5. Alternates: a. 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 Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, 1625 13'h Street, Room 204, Lubbock, Texas 79401, no later than May 13, 2014, at 3:00 p.m. CST. The envelope containing the alternate must be identified with the bid number 14-11862-KS and marked "ALTERNACE 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. 6. Samples: a. 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. b. 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. 7. Awards: a. The awarding of this contract will be based on a (lest 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 and pants; 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 speci fications. GENERAL GARMENT REQUIREMENTS Page 2 of 27 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, tine more stringent requirement shall apply. 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. 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. 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. 5. Neoprene coated needle .Lunch 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. 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. 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. 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. 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. 10. All hardware attachments (hook and dees, snaps, rivets, etc.) shall be properly reinforced. Page 3 of 27 Janesville® V Force ," 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. X COMPLIANT EXCEPTION STANDARDS: All garments produced 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 1971. The label of the third party tester shall denote certification. X 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. X COMPLIANT 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. X 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 than 205 when tested in accordance with NFPA 1971 standard. X 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. __ _COMPLIANT EXCEPTION Page 4 of 27 OUTER SHELL MATERIAL: 7.5 oz/sq. yd 60% KEVLAR©/20% NOIvIEX0111/20% Zylon® ripstop weave with water/stain repellent finish. Color shall be natural. ADVANCE ULTRAT"' X COMPLIANT EXCEPTION MOISTURE BARRIER MATERIAL: NONIEXO substrate laminated to a lightweight breathable, CROSSTECH BLACK® (Type 217), Teflon membrane; weighing 5.0 oz./sq. yd. _COMPLIANT EXCEPTION THERIN AL LINER MATERIAL: The thermal liner shall be comprised of G1ideTM high -lubricity, stress reducing, filament/spun face cloth weighing 3.6 oz/sq/yd. The Kevlar filament yams shall represent no less than 60% of the face cloth's composition and shall be positioned in the warp direction of the weave in order to optimize their slippery characteristics on the face. Nomex spun yams, with superior wicking characteristics, shall be used to promote moisture management within the garment. The GlideTM face cloth shall be quilted to one layer spunlace aramid (851/6NOMEX9/15% KEVLAR®) weighing approximately 2.3 oz./sq. yd. and one layer of apertured (11-13 apertures/sq. inch) spunlace aramid (85%NOMEXO/15%KEVLAR®) weighing approximately 1.5 ozJsq. yd. both layers shall be treated with a Teflon® finish to promote minimal moisture storage in the garment as well as promote rapid drying (Total weight +/- 7.3 ozJsq. yd.). X COMPLIANT 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 II (triple trim) of red/orange, for Chief Officers, or lime/yellow, for FF, EO, IT, 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"l3" from the bottom cuff. X COMPLIANT EXCEPTION Page 5 of 27 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. X 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 REQUIRENIENTS OF NFPA 1971, 2007 EDITION MADE IN THE U.S.A. X 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. X COMPLIANT EXCEPTION 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. Page 6 of 27 (b) Preparation for use: • Sizing/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 Deparbnent, 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. X 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 Page 7 of 27 V-Forcg**' 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. X 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(D NOMEXQ 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 „ the outer collar. X 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 moisture barrier shall be sewn to the thermal liner at its perimeter with the breathable membrane oriented inward toward the thermal liner and away from the outer shell. All moisture barrier seams shall be sealed as required by NFPA 1971. The moisture barrier/thermal liner shall finish no more than V from the cuffs and 2" from the hem. X 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 the use of hook and loop, zippers, and snaps. There shall be a 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 Page 8 of 27 COLLAR: The 3" split collar shall consist of two piece construction shaped for comfort. The collar shall be configured 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 a layer of CROSSTECHO BLACK (Type 2F). The shell collar shall provide proper interface with the liner to insure no moisture penetration through the collar seam to the inside of coat. The shell collar shall have multiple pieces %" hook along top edge for liner attachment. Collar shall close left to right. The liner collar shall be a layer of self -material and a layer of CROSSTECH® BLACK (Type 2F). The 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 liner collar shall be attached to the facings at the front closure of the outer shell. The neck of the liner collar 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. A 4" wide CROSSTECHO Black (Type 2F) and 1.5" self -material extension shall be sewn the full length of the neck with two pieces of 1" loop for attachment to shell collar. The self -material extension shall overlap the shell collar to prevent exposure of the hook and loop. 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. The collar shall be attached to the liner facing using 3/4" hook. Collar shall be of such design so as not to interfere with SCBA face masks, or helmet. X COMVLIANT EXCEPTION DRAG RESCUE DEVICE (DRD): The Fire Fighter Recovery Harness'''" shall be constructed of a one and one-half inch wide KEVLAR® 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. X COMPLIANT EXCEPTION Page 9 of 27 HtiNGER 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. X COMPLIANT EXCEPTION THERMAL REINFORCED YOKE: A layer of Semper Dri (3.0 ozJsq. yd. Teflon® treated Chambray (NOI,IEX® spun) face cloth quilted to one layer E-89TM spunlace aramid 851/oNOMEXO/15% KEVLARO 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% NOMEXO/15% KEVLAR® weighing approximately 1.5 oz./sq. yd. with a Teflong) finish (total weight +/- 6.8 ozJsq. 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". X COMPLIANT EXCEPTION 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. X COMPLIANT EXCEPTION V FIlTm 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 X COMPLIANT EXCEPTION SLEEVE WELL/WRISTLET MOUNTING: A combination Semper DriTM (3.0 oz./sq. yd. Teflon® treated Chambray (NOMEX® spun) face cloth quilted to two layers of Nomex(D/Kevlar® spunlace (total weight +/- 6.0-6.8 oz./sq. yd)) and one layer of breathable CROSSTECH& BLACK (Type 2F) moisture barrier leader shall be sewn no more than 1" back from the combination liner sleeve end to form a sleeve well. A 3/4" wide strip of FR loop fastener shall be sewn fiSll"circumference to the end of the thermal liner leader to help secure the combination liner to the outer shell. A CROSSTECHO BLACK (Type 2F) moisture barrier leader shall be sewn no more than 1" back from the combination liner sleeve end. This leader shall be approximately 4" in length and end with a gathering of 1" elastic. This sleeve well shall reduce water and hazardous materials from entering the sleeve when arms are in a raised position. Page 10 of 27 The combination liner sleeve ends shall be inserted into the outer shell sleeve ends by means of lining up the snaps then attaching the FR loop fastener of the combination liner sleeve end with the FR hook fastener on the outer shell sleeve. This method of combination liner attachment shall reduce 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. _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. X 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. X 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. X 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. X COMPLIANT EXCEPTION 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 left 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. The storm flap shall close from left to right. X COMPLIANT EXCEPTION Page 11 of 27 FRONT/STORvI FLAP CLOSURES: The front closure shall consist of a thermoplastic zipper with a 1 3/4" polymer coated aramid tab added to the left bottom for fast closure and exit. The storm flap closure shall consist of double -stitched 1" wide FR hook and loop attachment with FR hook fastener sewn on the right 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. Y COMPLIANT EXCEPTION FLASHLIGHT ATTACHMENT: There shall be (1) 5"x3"1-layer 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 snap shall be securely riveted with (3) 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 utility snap and the flashlight tie two strap. FLASHLIGHT STRAP: 1x10" 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 MF093 utility snap hook X 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 1 piece of 1 "x 2" loop on pocket horizontally and 1 piece of 1 "x 2" hook on flap vertically. NEC 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 X COMPLIANT EXCEPTION IDENTIFICATION PATCII: There shall be (1) V x 4" self -fabric letter patch with Velcro attachment located on the radio pocket flap. Using black thread fire fighter's name shall be spelled using 15t initial last name in %:" block letters. K COMPLIANT EXCEPTION Page 12 of 27 ENIBLEMS: There shall be a 2.5"x 4.25" American Flag patch, with stars in the upper left corner, sewn to the coat LEFT sleeve. There shall be a 2.5" x 4.25" Texas State Flag emblem sewn to the coat RIGHT sleeve. X COMPLIANT EXCEPTION NAME LETTERING PATCHES: There shall be (1) 5"x18" contoured 1-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 I' 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. X COMPLIANT EXCEPTION TUIMOUT 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 K.EVLAR® 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 1" 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. X COMPLIANT EXCEPTION Page 13 of 27 V-Forcg," 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 BackTM suspenders (required with these pants). X 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. X 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. 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 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% NOMEXG/15% KEVLARO weighing approximately 1.5 ozJsq. yd. with a Teflon(R 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. X COMPLIANT EXCEPTION Quilt Thermal Liner Construction: The CROSSTECHO/NOMEX® pajama check moisture barrier shall not be separable from the thermal liner. There shall be a inspection port for total moisture barrier inspection. In addition there shall be snaps along the waist and bottom leg opening for alignment. 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. X COMPLIANT EXCEPTION Page 14 of 27 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. X 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. Velcro stitching will be double rows. Pant closure shall be provided by a thermo plastic zipper. Also, a hook and dee ring closure shall be used for quick one motion closing at the waist. 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 with leather backed rivets. The dee shall be made of a non ferrous metal alloy 2" long x 1 1/16" wide and secured by two leather backed rivets to the leading edge of fly flap. The storm fly shall be outer shell material, lined with a 4." strip of CROSSTECHO BLACK (Type 2F) moisture barrier material and Semper Dri TMto prevent wicking. 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. x 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 storm fly and facing. x COMPLIANT EXCEPTION Page 15 of 27 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. X COMPLIANT EXCEPTION EXTERNAL TAKE-UPS: There shall be two waist straps sewn and bar tacked 2 %" down from the top of the waistband. One strap shall be installed on the right side and one on the left side constructed out of one piece of shell material folded to two layers and sewn to form a 1/2" wide strap. Each strap shall be a minimum of 8 %" in length. These take-up straps shall have a 5/8" nickel plated postman style slide buckle which shall be attached by a piece of shell material six (6) inches in length folded to form two layers. The strap is sewn to form an attachment strap approximately three (3) inches in length designed for quick take-up adjustment. X COMPLIANT EXCEPTION RADIAL INSEAM BAND: A radial banded insert runs continuously from the top of knee on one leg, through the crotch area to the top of the opposite knee. The elimination of crotch seams reduces tension in the crotch area to give added comfort and helps to alleviate stress to extend the useful life of the gear. Also there is an added insert piece in the design to help ensure that when the firefighter is kneeling or bending the leg of the garment bends in alignment with the leg so that the knee of the firefighter centers on the knee pad of the pants. It also helps to eliminate rubbing of the inseams of each leg against each other when the firefighter is working so that the risk of abrasion of the seams is minimized. X COMPLIANT EXCEPTION V FITrl" 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 and one layer of silicone padding. This reinforcement material shall be oriented between the outer shell and knee insert reinforcement. X COMPLIANT EXCEPTION Page 16 of 27 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. X 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 X 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 1 on outseam) X 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 lxl hook on flap corners sewn to the inside of the thermal liner on the right side, 1" below waistband. X COMPLIANT EXCEPTION 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. Page 17 of 27 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 2.75" hook fastener set vertically on the underside of the flap. _COMPLIANT EXCEPTION Page 18 of 27 MASTER SPECIFICATIONS V-BackT" Quick Adjust H-Back Suspenders With Snap Tab Attachments Or Equal Model No SR840-00(SR836-00, SR845-00) Or Equal SCOPE A highly engineered 40" red suspender designed for greater range of mobility and reduced stress allowing for three points of attachment to V-ForceT,"' 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 an 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. X COMPLIANT EXCEPTION Page 19 of 27 V-FORCET'," PANT WITH BELT PANT CONSTRUCTION: The pant shall have a low rise waist V-FitT'," design with a two inch KEVLAR9 belt. Y COMPLIANT EXCEPTION BELT: Two inch wide KEVLARO belt with 2" self-locking thermoplastic buckle with quick - release mechanism. X COMPLIANT EXCEPTION MOISTURE BARRIER/THERIVIAL 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 rm (3.0 oz./sq. yd. Teflon® treated Chambray (NOMEX® spun) face cloth quilted to two layers of NOMEXO/Kevlar® spunlace (Total weight +/- 6.0-6.8 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 in the knee, an additional layer of uninterrupted 1/8" thick, fire resistant closed -cell foam shall be positioned between the moisture barrier and thermal liner. Quilt Thermal Liner Construction: The CROSSTECHO Black (Type 2F) moisture barrier shall be sewn to the thermal liner at its perimeter. 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. X COMPLIANT EXCEPTION PANT LINER INSPECTION SYSTEM: There shall be an opening located on the pant liner system to the right side of the waist separating the thermal barrier and moisture barrier, approximately 10" in length. This opening will provide the ability to completely invert the pant liner to properly view the integrity of the entire liner system. There shall be a piece of 1" x 3" FR loop sewn to the moisture barrier 3" over from beginning of opening and a corresponding piece of 1" x 3" FR hook sewn to the inside of the outer shell to ensure proper alignment when installing the liner system into the outer shell. This Liner Inspection System is completely hidden when the liner is properly installed into the outer shell. X COMPLIANT EXCEPTION Page 20 of 27 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. Velcro stitching will be double rows. Additionally, one snap shall be positioned at the inside top of the fly. Pant closure shall be provided by a thermo plastic zipper. The storm fly shall be outer shell material, lined with a 4. " strip of CROSSTECHO (Type 217) moisture barrier material. X COMLIANT 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 fly and facing. X COMPLIANT EXCEPTION WAISTBAND: The waist of the pants shall be reinforced on the inside with 1-ply of outer shell fabric material not less than 1.5" in width. The pant waist shall be contour shaped for better comfort and hemmed-W provide strengrth 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. Three belt loops of two -layers of self -fabric, 4" wide by 3 1/2" high shall be double stitched to pant shell and bartacked at all four corners. One loop at center back and one loop on each side. —_COMPLIANT EXCEPTION RADIAL INSEAM BAND: A radial banded insert runs continuously from the top of knee on one leg, through the crotch area to the top of the opposite knee. The elimination of crotch seams reduces tension in the crotch area to give added comfort and helps to alleviate stress to extend the useful life of the gear. Also there is an added insert piece in the design to help ensure that when the firefighter is kneeling or bending the leg of the garment bends in alignment with the leg so that the knee of the firefighter centers on the knee pad of the pants. It also helps to eliminate rubbing of the inseams of each leg against each other when the firefighter is working so that the risk of abrasion of the seams is minimized. X COMPLIANT EXCEPTION Page 21 of 27 V-FITT`I 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 and one layer of silicone padding. This reinforcement material shall be oriented between the outer shell and knee insert reinforcement. CUFFS: The cuff area of the pant shall be reinforced with a binding of polymer coated KEVLARO (Gold) not less than 2" in total width for greater strength, abrasion resistance, and thermal protection. X 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 X 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 1 on outseam) X COMPLIANT EXCEPTION RECORDS ID POCKET: There shall be (1) 3.5x5.5" black outer shell liner pocket with flap, 2 pieces Ix1" loop on pocket comers and 2 pieces 1x1 hook on flap corners sewn to the inside of the thermal liner on the right side, 1" below waistband. X COMPLIANT EXCEPTION 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 comers of flap reinforced with bar tacks for additional strength. Drainage of moisture to be provided by brass eyelets. Page 22 of 27 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 2.75" hook fastener set vertically on the underside of the flap. X COMPLIANT EXCEPTION Page 23 of 27 MASTER SPECIFICATIONS V-BackT`t Quick Adjust V Back Suspenders With Snap Tab Attachments Or Equal Model No SR842X-00(SR848X-00, SR854X-00) Or Equal SCOPE A highly engineered *42" red suspender designed for greater range of mobility and reduced stress allowing for four points of attachment, using self -fabric, leather -reinforced suspender tabs with snaps to a V-ForceTM , traditional or contoured waist bunker pant. DESIGN Two 11" 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 two 42-stitch bartacks. Two 8" back straps made of 2" wide elastic webbing shall be joined with two - needle lock -stitch at the bottom of each V-shaped shoulder pad. Four 2" wide self -fabric suspender tabs with leather reinforcement, using 2 male and 2 female logo snaps for suspender attachment, shall be required on pants for use of these suspenders. Two self - fabric suspender tabs shall be attached to the back of the pant and to the front of the pant and reinforced with two bartacks each tab. Each self -fabric tab attached to the pants shall be fed through each 2" metal loop on the suspenders. 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 12" long ending in a 4" 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. Page 24 of 27 Specification Questionnaire ITB 14-11862-ID Protective Clothing for Structural Fire Fighting The specification questionnaire that accompanies these specifications must be completed in full and returned with your bid for your bid to be considered. Bidders are encouraged to bid an optional (defined as Option I 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. Specification Questionnaire Protective clothing dealer: bACO_ FIRE EQUIPMENT Dealer's telephone number and contact person: 806-763-0808 GARRETT DOBMEIER' Protective clothing manufacturer: LION APPAREL Manufacturer's telephone number and contact person: 469-285-0058 CHRIS PARKINSON Protective clothing model bid: CVFM-32, V-FORCE COAT, PVHM, V-FORCE HIGH BACK PANT Name of third party testing/certification organization: PVFM, V-ROCE BELTED PANT 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: DEPARTMENT CONTACTS DEALER, DEALER THEN CONTACTS CUST0,%(ER SUPPORT Page 25 of 27 What is the "typical" length of time in calendar days for a warranty repair? I 0— I 4 (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: SAME AS WARRANT1yREPATAS What is the "typical" length of time in calendar days for a non -warranty repair? 10-14 (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 SOUTHERN MILLS _;it is marketed as _" ADVANCED ULTRA The fabric weight is 7 . s oz. per sq. yd., and the water/stain treatment utilized is SUPER SHELLT7.TE ENSEMBLE WITH THE STANDARD THERMAL LINER Weight of coat bid: T13 ) Weight of trousers bid: nD TPP of the body of the coat bid: q s _ 6 TPP of trousers bid: 45. 6 (Documentation from the third party testing/certification organization or mill, confirming the TPP rating must be attached to this questionnaire.) THL of coat bid: 262 7-8 THL of trousers bid: 262.78 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: N/A NFPA DOES NOT REQUIRE (Documentation from the third party testing/certification organization or mill, confirming the TPP rating, must be attached to this questionnaire.) Page 26 of 27 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 Address: 2025 IRVING BLVD City: DALLAS Phone Number: 214-742 -6156 State: TX Zip/Postal Code: 75207 2. Name of Service: LION TOTAL CARE Address: 6000 $ERRIJ$ROOK DRIVE City: HOUSTON , State: TX Zip/Postal Code: 77017 y Phone Number: 71 _�- 44-7400 3. Name of Service: Address: City: Phone Number: 4. Name of Service: Address: State: Zip/Postal Code: City: , State: Zip/Postal Code: Phone Number: Questionnaire Completed and Submitted by: DACO FIRE EQUIPMENT (Name of company) GARRETT DO$,%1EIER SALES (Print Name and Title) (Si ature) Page 27 of 27 boc Lubk TEXAS PURCHASE ORDER IKE DACO FIRE SAFETY EQUIPMENT 201 AVENUE R PO BOX 5006 LUBBOCK Texas 79408 5006 SHIP TO: Page - Date - Order Number 1 12/29/2016 10017479 000 OP 619 CITY OF LUBBOCK CENTRAL FIRE STATION CO RAULSALAZAR 1515 EAST URSULINE LUBBOCK Texas 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: lv ez, D ec r of Purchasing & Contract Management Ordered 12/29/2016 Freight Requested 01/15/2017 Taken By K MCAVOY Delivery PER R SALAZAR REQ #49105 CONTRACT #11862 Description/Supplier Item Ordered Unit Cost UM Extension Request Date Bunker Coat 89.000 1,090.0000 EA 97,010.00 01/15/2017 Bunker Pant 89.000 697.0000 EA 62,033.00 01/15/2017 Stay Safe Extended Warranty 178.000 59.2000 EA 10,537.60 01/15/2017 Total Order Terms NET 30 DAYS 169,580.60 This purchase order encumbers funds in the amount of $169,580.60 awarded to Daco Fire Safety Equipment of Lubbock, TX on June 12, 2014. The following is incorporated into and made part of this purchase order by reference: Contract 11862 / Quote 2359 dated December 15, 2016 from Daco Fire Safety Equipment of Lubbock, TX. Resolution #2014-R0214. CITY OF LUBBOCK Daniel M. Pope, Mayor ATTEST: et�G arza, City Secretar Seller and Buyer agree as follows: TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX I. 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 name and address, (b) Consignee's time, 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 I 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 can iers 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 o f 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 with all 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 performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. S e I 1 e r 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 height 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 futnished will conform to the specification, drawings, and descriptions listed in the bid 'invitation, and to the sample(s) furnished by the Seller, if any. 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 Seller represents and wan ants fault-fi ee performance and fault-fi ee 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 case may be from the effective date of this Contract. The obligations contained herein apply to products and services provided by the Seller, its sub- Seller or any third party involved in the creation of 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 made 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 by way 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. NON APPROPRIATION. 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 - Con ent fiscal year or when the apprnpriation made for the then -current year far the goods or services covered by this contract is spent, whichever event nccurs first. If at any time funds are tint 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. 13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. portion of this order if Seller breaches any of the terns hereof including wan antics 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. 15. 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 14, herein. 16, 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 party is unable to prevent. 17. 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. 18. 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. 19. 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 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. 20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Whereever 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. 21. RIGHT TO ASSURANCE. Whenever one party to this 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 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. 22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, 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 costs 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 agrees 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. 23. 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. 24. 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 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. 25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 26. RIGHT TO AUDIT. At any time during the term of the contract, or 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 to the City 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. 27. HOUSE BILL 2015. House Bill 2015, signed by the Governor on June 14, 2013 and effective on January I, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified. (Texas Government Code Section 2155.001). 28. ASSIGNING OR SUBLETTING THE CONTRACT. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 29. HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Instructions for completing Form 1295 are available at: http://www. ei.lubbock.tx. us/departmental-websites/dgpartments/purchasinL/vendor-informat ion 30. CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the patios. In the event of conflict between these tens nod conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail The terns and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. Rev. 7/2016 14. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered .r DACO FIRE EQUIPMENT 201 AVE R PO BOX 5006 LUBBOCK, TX 79408 Phone # Fax # 8067630808 806-763-9151 Name / Address LUBBOCK, CITY OF PO BOX 2000 LUBBOCK, TX 79456 Ship To LUBBOCK FIRE DEPT. 1515 EAST URSULINE LUBBOCK, TX 79401 Estimate Date Estimate # 12/15/2016 2359 Terms Rep FOB Net 30 GD Item Description Qty Rate Total LIOCVFM-32 LIOPVI-INI LIOS C,AYSAFE V-FORCE COAT. 32" V-FORCE PANT, HIGH -BACK, MALE STAY SAFE EXTENDED WARRANTY PROGRM4 CONTRACT# 11862 89 89 178 1,090.00 697.00 59.20 9TO10.00 62,033.00 10,537 60 Subtotal S I69 58I 60 Sales Tax (0.0%) S0.0I Total S109,580.00 V �l�l�Jl/ll�f' Date: 12/6/2016 Sizing Sheet PO#:Pa e 1 of 4 For Custom Structural (NFPA 1971) Turnout Coats and Pants Use a separate form for each coats/pants configuration. Tag Name (Optional) Qty 1 Chest Size Coat Length` Male or Female Sleeve Length (S R, L) Hip Size Waist Size Inseam (XS, S, R, L, XL) X Suspenders 1-'I A. Aldahe_ 1 36 32 Male R 32 R Suspenders 2 A. Basquez 1 46 32 Male R 38 L Suspenders 3. A.Smith 1 50 32 Male L 46 XL Suspenders 4. B. Cothran 1 46 32 Male R 40 XL Belt option 5. 13. Dowdy 1 40 32 Male R 36 L Belt option 6. B. Long 1 44 32 Male R 38 XL Suspenders 7. B. Robinette 1 38 32 Male R 36 L Belt option 8. B. Scott 1 42 32 Male L 36 XL Suspenders 9. C. p 1 42 32 Male R 38 R Belt option _Crum_ 1 1. C. Fol -1 _ �i 12 C. Ho,t 1 44 1 42 32 32 Male Male L R 1 38 36 XL _R L I Suspenders Suspenders 1 48 _ 32 Male S 42 Suspenders 13 Cl_orgmire 14. C. Nomian 1 42 32 Male L_ _ 38 1 XL Suspenders 1 42 32 Male L 38 XXL Belt option } 15. C. Kattner 1 48 32 Male R 42 XL Suspenders . 17. C. Powell 1 44 32 Male R 40 XL Suspenders "18. C. Ross 1 50 32 Male XL 44 XXL _ Belt option 19. C. Turner 1 48 32 Male XL 44 XXL Belt option 20. Cory Buck 1 42 32 Male R 38 L Suspenders 21. D. Brown 1 40 32 Male R 34 R Suspenders �• :_ '.. D. hu, hen per 1 44 32 Male L _ 40 XL Belt option 23. f3_Fi��h 1 44 32 Male R 34 XL Belt option 24. D. Hams 1 48 32 Male R 42 L Belt option 25_ D. Prov(;nce 1 46 32 Male R 42 R Belt option "See model pages of price list for lengths available. Example: V-Force male coats are 32" or 35". Special Sizing Instructions: J,lmnallyle Date: 12/6/2016 Sizing Sheet PO#: Pa e 2 of 4 For Custom Structural (NFPA 1971) Turnout Coats and Pants Use a separate form for each coats/pants configuration. Tag Name (Optional) � -r— Qty Chest Size Coat Length' Sleeve Male le Length Female (S, R, L) Hip Size Waist Size Inseam (XS S, R, L, XL Suspenders 1._D_Rivera 1 42 32 Male L 34 L Suspenders 2. D. Salas 1 46 32 Male R 40 XL Belt option 3. N. Angerer 1 44 32 Male L 42 XL Suspenders 5. K. Goldston 1 46 Male L 44 XL 32 Belt option 6. G. Haynes 1 46 35 Male L 40 XL Suspenders 7. G. Mendoza 1 48 32 Male _ R 44 R Belt option 8. J. Browning 1 44 32 Male R 42 R Suspenders J. Duvrkins _ 1 1 42 32 Male R 40 XXL _ Suspenders 10. J Goodlett 1 42 32 Male R 40 XL Suspenders 11. J. Oldham 1 44 35 Male L XL Suspenders 12. J. Parkinson 1 44 32 Male R _38 40 L Suspenders 13. J. Polly 1 46 32 Male R 40 XXL Suspenders _14. ,I ROwln 1 1 44 32 Male R 42 L Suspenders 15. J. Scott 1 40 32 Male R 36 L Suspenders 17. J. Wells 1 42 35 Male L 40 XL Belt option 18. J. Whitefield 1 42 32 _ Male _ R 38 XL Suspenders 19_R. Lammons ?:1 .I. Smith 1 1 42 36 32 32 Male L R_ 40 L _ 34 L Belt option Suspenders _ 2 1. Jasper Smith 1 46 — 32 _Male _ Male L _ 40 L Suspenders 22. K. Bailey 1 42 32 Male R 40 R Suspenders 23. K. Davis 1 40 32 Male R 36 L Belt option 24. T. Singletary 1 48 35 Male XL 38 XXL Belt option 1.25. W. Sarchet 1 48 32 Male L 40 XL Suspenders °See inodel pages of price list for lengths available. Example: V-Force male coats are 32" or 35". Special Sizing Instructions: E. Meunier with orange reflective trim package. Z� Date: 12/6/2016 jaximde O : Sizing Sheet Pa3 of 4 For Custom Structural (NFPA 1971) Turnout Coats and Pants Use a separate form for each coats/pants configuration. Tag Name (Optional) 1 L. Stephenson Qty 1 Size Chest[32 42 Coat ength" Male le Female Male Sleeve Length (S, R, L) R Hip Size Waist Size 38 Inseam (XS, S, R, L, XL) XL Suspenders Suspenders 2 M. Dalby 1 42 1 32 Male L 40 L Suspenders 3. M. Davis 1 44 32 Male R 40 L Belt option 4. M. Fraga 1 46 32 Male R 42 XL _ Belt option 5. M. Haggard 1 44 32 Male R 38 L Suspenders 6. M. Hixson 1 42 32 Male R 42 R Belt option 7 M. Laxson 1 42 32 Male R 36 L Suspenders �8. lk Phillips _9, 1 46 32 Male R 42 XL Belt option N. Gutschke 1 46 32 Male R 40 L Suspenders 10. T. Rowin 1 44 32 Male L 42 L Suspenders 11. R. Dudzic 1 44 32 Male R 42 L Suspenders 12. R. Hale 1 42 32 Male R 38 XL Suspenders 13. R. Murphy 1 54 32 Male R 50 L Suspenders 14. S. Foote 1 42 32 Male R _ 38 R Belt option 15. S. Harris 1 40 32 Male R 36 R Suspenders 17. S. Horton 1 44 32 Male R R Suspenders 18. S. Hudson 1 44 32 Male R _42 40_ R Belt option k Isi.:,. Nelson 1 1 44 32 Male L 42 L Suspenders 20 T. Bouffard 1 40 32 Male S 34_ L Suspenders 21. T. Distel 1 _ 46 32 Male R 38 R Suspenders I r- 22 T. Hall 1 46 32 Male XXL 42 XXL Belt option I _23. P. Fillman 1 42 32 Male XXL 46 XL Suspenders 24 T. Lytle 25. M. Fischer 1 1 40 46 32 32 Male Male R L 38 46 R R Suspenders Suspenders "See model pages of price list for lengths available. Example: V-Force male coats are 32" or 35". Special Sizing Instructions: Date:12/6/2016 _ Sizing Sheet Po#: Pa e4of 4 For Custom Structural (NFPA 1971) Turnout Coats and Pants Use a separate form for each coats/pants configuration. Tag Name (Optional) Qty Chest Size Coat Length" Male or Female Sleeve Length (S, R, L) Hip Size Waist Size Inseam (XS, S R, L, XL) Suspenders 1. J.Forkner 1 40 32 Male L 38 R Suspenders 2. C. Wishkaemper 1 44 32 Male L 38 R Suspenders 3. J. Kruczek 1 44 32 Male L 38 R Suspenders 4. J. Webb 1 40 32 Male L 38 R Suspenders 5. D.Hines 1 36 32 Male R 34 R Suspenders 6. I. MOLlnce 1 40 32 Male L 38 R Suspenders 7. J. Welch 1 40 32 Male R 36 R Suspenders 8. D. Allison 1 36 32 Male L 34 R Suspenders 9. W. Brendle 1 38 32 Male R 32 R Suspenders 10. Z. Mize 1 40 32 Male R 38 R Suspenders 11. 1 36 32 Male L 34 R Suspenders 12. 1 42 32 Male L 38 R Suspenders 13. 1 38 32 Male R 36 R Suspenders 14. 1 40 32 Male R 38 R Suspenders 15. 1 40 32 Male L 38 R Suspenders '17. 1 36 32 Male L 32 R Suspenders _ 18. 1 40 32 Male R 36 R Suspenders _ 19. 1 40 32 Male R 36 R Suspenders 20. 21. 22. 23. 24. 25. 'See model pages of price list for lengths available. Example: V-Force male coats are 32" or 35". Special Sizing Instructions: tiOB OO Division Chief Doyce Ewing 1515 E. Ursuline St. Lubbock, TX. 79403 (806) 775-3179 Re: Lubbock Fire Rescue December 2016 Turnout Order December 14, 2016 Dear Sir(s), Please consider this letter as confirmation regarding Lubbock Fire Rescue's wishes to utilize the Armor AP Gold° outer shell material for the turnout gear order of 90 ensembles in December 2016. Please don't hesitate to contact me should any questions arise. Additionally, it is our intention to utilize the Lion Gear StaySafe program for the new turnout gear as well. Sincerely, Doyce Ewing City of Uibt)ocxF4 TEXAS PURCHASE ORDER Rc TO: DACO FIRE SAFETY EQUIPMENT 201 AVENUE R P.O. BOX 5006 LUBBOCK Texas 79408 5006 Page - 1 Date - 06/25/2014 Order Number 10011985 000 OP Branch/Plant 5619 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION RAULSALAZAR 1515 EAST URSULINE LUBBOCK Texas 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 -V a 6L LUBBOCK, TX 79457 BY: Marta Alvarez, Director of Purchasi & C tract M ement Ordered 06/25/2014 Freight Requested 07/31/2014 Taken By K SHEPHERD Delivery PER R SALAZAR - REQ 43896 CON# 11862 Description/Supplier Item Ordered Bunker Coat 86.000 Bunker Pant 86.000 Supenders 84.000 Belt 2.000 Terms NET 30 DAYS Unit Cost UM Extension Request Date 1,090.0000 EA 93,740.00 07/31/2014 697.0000 EA 59,942.00 07/31/2014 EA 07/31/2014 EA 07/31/2014 Total Order 153,682.00 This purchase order encumbers funds in the amount of $153,682 awarded to Daco Fire Safety Equipment of Lubbock, Texas on June 12, 2014. The following is incorporated into and made part of this purchase order by reference: ITB 14-11862-KS bid form dated May 12, 2014 from Daco Fire Safety Equipment Lubbock, Texas. Resolution# 2014-R0214. CITY OF LUBBOCACe ATTEST: Glen C!Robertson, Mayor Rebec�a Garza, City Secretary 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 goads in accordance with good commercial practice. Each shipping container shall be clearly 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 supply agreement number if applicable, (c) Container number and total number of containers, e.g. box I of 4 boxes, and (d) the number of the container bearing thepacking 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 accompaniedby 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 unfit 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 goads must fully comply with all 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 performance has not yet expired, the Seller may reasonably notify Buyer of his intention to chore and may then make a conforming tender within the contract time but not afterward. S. 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 shalt 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 perforng 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 S. 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 highs 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 Sella 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 Sella for breach or Seller's actual expense. 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 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 viciafion 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. Sella warrants that the goods famished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any. 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 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 case may be from the effective date of this Contract The obligations contained herein apply to products and services provided by the Seller, its sub- Sella 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 dommrt 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 made by Buyer will be at the Sellers expense Il. 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 12. Non Amnrooriation: All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purposeby the City. In the event of hmnappropriation of funds by the City Council of the City of Lubbock for the goads 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 terminator by way 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 13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. 14. 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 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. 15. TERMINATION. The perfomunce of work under this order maybe 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. 16. 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 party is unable to prevent 17. 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. 18. 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. 19. 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 par 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 tern defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commacial Code. Where ever the term "Uniform Commercial Code" is rased, it shall be construed as meaning the Uniform Commercial Code as adopted in the Slate of Texas as effective and in force on the date of this agreement 21. RIGHT TO ASSURANCE. Whenever one 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 and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract 22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, 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 costs and oche expenses arising therefrom of incurred in connection therewith, and, if any judgment shalt 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 agrees 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. 23. 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. 24. 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 bids in response to this invitation and will not be discriminated against on the grounds of rare, color, sex or natural origin in consideration for an award 25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all fours of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 26. RIGHT TO AUDIT. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable Imes, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract In the event such an audit by the City reveals any effors or overpayments by the City, Contractor shall refund the City the full amount ofsuch 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. 27. House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with agovernmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified. Governmental entities may want to include information on this new misclassification penalty in their contracts with entities that are providing services covered by this new requirement (Texas Goverment Code Section 2155.001). Rev. 02/2012 Resolution No. 2014-RO214 Contract 11862 City of Lubbock, TX Contract for Protective Clothing for Structural Fire Fighting THIS CONTRACT made and entered into this 12th day of June, 2014, by and between the City of Lubbock ("City"), and Daco Fire Equipment, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Other Clothing Supplies and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Other Clothing Supplies. 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 are attached hereto and made part hereof, Contractor will deliver to the City Other Clothing Supplies and more specifically referred to as Items 1-6 on the bid 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 procedures outlined in the Bid Form and Specifications attached hereto and Insurance required in Exhibit A. The contract shall be for a term of two year, with the option of three, one year extensions, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. 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. 6. 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. 7. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 8. At any time during the term of the contract, or 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 to the City 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. 9. Non Appropriation: 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 non - appropriation 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. 10 This Contract consists of the following documents set forth herein; Invitation to ITB 14-11862- KS, 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 Mayor ATTEST: Rebe ca Garza, City Secret APPROVED AS TO CONTENT: - —r� k<Z::;7 Michael Kemp, Fire Chief APPROVED AS TO FORM: r Chad er ss' t Ci ttorney CONTRAC BY 1-14-- Authorized Representative OARRETT PO$ME ZER Print Name 201 AVE R Address LUBBOCK, TX 794-1 S City, State, Zip Code Exhibit A City of Lubbock, TX Purchasing & Contract Management ITB 14-11862-KS, Protective Clothing for Structural Fire Fighting III — INSURANCE COVERAGE REQUIRED SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the tollowm¢ tvoe(s) and TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Claims Made ® Occurrence ❑ W/Heavy Equipment ❑ To Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY AUTOMOTIVE LIABILITY ® Any Auto ❑ All Owned Autos ❑ Scheduled Autos ❑ Hired Autos ❑ Non -Owned Autos EXCESS LIABILITY ❑ Umbrella Form GARAGE LIABILITY ❑ Any Auto COMBINED SINGLE LIMIT General Aggregate Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate Aggregate Each Occurrence Aggregate Auto Only - Each Accident Other than Auto Only: Each Accident 1,000,000 X X X 1,000,000 Aggregate ❑ BUILDER'S RISK ❑ 100% of the Total Contract Price ❑ INSTALLATION FLOATER ❑ 100% of the Total Material Costs ❑ CARGO ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ® EMPLOYERS' LIABILITY OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory bases. ® To include products of completed operations endorsement. ® Waiver of subrogation in favor of the City of Lubbock on all coverages, except Page 1 of 2 Exhibit A IMPORTANT: POLICY ENDORSEMENTS The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the proiect name or bid number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1625 13'h Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. Page 2 of 2 City of Lubbock, TX BID FORM Protective Clothing for Structural Fire Fighting In compliance with the Invitation to Bid 1441862-KS, 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. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 14-11862-KS is by reference incorporated in this contract. The Did Form most be completed in blue or black Ink or by typewriter. UNIT OF UNIT PRICE* EXTENDED Delivery Days ITEM Q TY MEASURE DESCRIPTION BID COST 1. 175 Each Protective coats, as specified $1 , 090.00 $190 , 750 .0 75-90 herein. 2. 175 Each Protective trousers, as specified S 697.00 $121 , 975.00 75-90 herein. 3. 60 Each Outer shelf, as specified herein. $ CCA$ r . — 90 PA 39 2 .340.00 5-90 4. 60 Each Thermal liner and moisture $COAT 362.0 $37, 920.00 75-90 barrier assemblies, as specified PANT 261.00 15,660.00 75— 90 herein. 5. 60 Each Individual thermal liners, as $WA L I du . viv$--lu, specified herein. PANT 136.0 8,L60.00 75-90 6. 60 Each Individual moisture barriers, as $CO 1 . 00S 10, 860. 75-90 specified herein. PANT 124.0 7 ¢¢O. 00 75-90 Total Cost (items 1-6) S 736500 OPTION: 1. 60 Each Optional individual thermal liners, ass ecified herein. S N113 $ Totai Cost $ 473 , 6¢5.00 *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed "Days After Receipt of Order (ARC) 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. PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of 0 %, net 34afendar 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 alter 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 ti P+�rchacriitid DocytfB 14-11362-KS Proiccoyc C.lonhlnu roe 'Lng urat irg Cighting 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 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 helshe 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 Flousing 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 X 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 DACO FIRE EQUZ V440y ration organized under the laws of the State of TEXAS , or a partnership consisting of or individual trading as of the City of Firm: DACO FIRE EQUIPMENT Address: 201 AVE R City: LU$$OCK State: TX Zip 79415 Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date M/WBE Firm: Addenda No. Date. Addenda No. Date Woman Black American Native American is t erican I I Asian Pacific Americi I Other (Specify) ��' A� �4, - ,I whAzed Relfreserttative - nttrst sign by hand Officer Name and Title: CARRETT DOAME ZER Please Print Business Telephone Number. 5-12-14 806-763-0808 FAX: 806-763-9151 E-mail Address: garrettO-dacof i re . com FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/individuai: Date of Award by City Council (fior bids over $50,000): Date P.OJContract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BiD WITH THE ITB NUNIBER, THE CLOSING D.% TE AND TIME, AND YOUR COMPANY N,VNIE AND ADDRESS. S Purchase/13id DocstITD 14-11862-KS Protective Clothing rot Stnictural Fire FiAtine SPECIFICATIONS STurchase/Bid Docs1IT13 14- 1862-KS Protective Clothing for Structural Fire Fighting City of Lubbock, TX ITB 14-11862-KS Protective Clothing for Structural Fire Fighting GENERAL REQUIREMENTS Delivery: a. The delivery of garments for all orders other than "Rush" orders shall be required within 80 days of the receipt of the order. b. 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. c. Each order will be faxed to the bidder/manufacturer during normal business hours. The date on the fax confirmation printed by the City of Lubbock 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 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. 2. Training: a. 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. b. 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. c. 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. d. 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. Guarantee: a. 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. b. The bidder/manufacturer shall provide a limited lifetime warranty against material and workmanship defects in its products when used by appropriately trained personnel following Page 1 of 27 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. 4. Repairs: a. The bidder/manufacturer shall have an in-house repair facility available to the City of Lubbock 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. b. NOTE: Any cleaning and repair service that is used must be acceptable to both the manufacturer and the City. 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. Alternates: a. 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 Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, 1625 13'h Street, Room 204, Lubbock, Texas 79401, no later than May 13, 2014, at 3:00 p.m. CST. The envelope containing the alternate must be identified with the bid number 14-11862-KS 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. 6. Samples: a. 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. b. 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. Awards: a. 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 and pants; 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. GENERAL GARi1IENT REQUIREMENTS Page 2 of 27 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. 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. 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. 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. 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. 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. 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. 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 book 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. 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. 10. All hardware attachments (hook and dees, snaps, rivets, etc.) shall be properly reinforced. Page 3 of 27 Janesville® V ForceT-11 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. X COMPLIANT EXCEPTION STANDARDS: All garments produced 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 1971. The label of the third party tester shall denote certification. X 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. X COMPLIANT 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. X 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 than 205 when tested in accordance with NFPA 1971 standard. X 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. COMPLIANT EXCEPTION :. Page 4 of 27 OUTER SHELL iVIATERIAL: 7.5 oz/sq. yd 60% KEVLAR©/20% NOMEXO IIU20% Zylon® ripstop weave with water/stain repellent finish. Color shall be natural. ADVANCE ULTRAT"' X COMPLIANT EXCEPTION MOISTURE BARRIER MATERIAL: NOMEX® substrate laminated to a lightweight breathable, CROSSTECH BLACK® (Type 2F), Teflon membrane; weighing 5.0 oz./sq. yd. ___X_COMPLIANT EXCEPTION THERMAL LINER MATERIAL: The thermal liner shall be comprised of G1ideTM high -lubricity, stress reducing, filament/spun face cloth weighing 3.6 ozlsq/yd. The Kevlar filament yams shall represent no less than 60% of the face cloth's composition and shall be positioned in the warp direction of the weave in order to optimize their slippery characteristics on the face. Nomex spun yams, with superior wicking characteristics, shall be used to promote moisture management within the garment. The GlideTM face cloth shall be quilted to one layer spunlace aramid (85%NOMEXV/15% KEVLAR®) weighing approximately 2.3 oz./sq. yd. and one layer of apertured (11-13 apertures/sq. inch) spunlace aramid (85% NOMEX9/15% KEVLARO) weighing approximately 1.5 ozJsq. yd. both layers shall be treated with a Teflon® finish to promote minimal moisture storage in the garment as well as promote rapid drying (Total weight +/- 7.3 ozJsq. yd.). X COMPLIANT 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. _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 time/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. X COMPLIANT EXCEPTION Page 5 of 27 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. X 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. X 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. X COMPLIANT EXCEPTION 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. Page 6 of 27 (b) Preparation for use: • Sizing/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. (f) Maintenance and Cleaning: • Cleaning instructions and precautions with a statement advising users not to use garments that are not thoroughly cleaned and -dried. Y • 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. X 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 Page 7 of 27. 1 . V ForceT" 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. X COMPLIANT EXCEPTION MOISTURE BARRIERITHERMAL 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®/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 NOMEXO 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 NOMEXO Five female snaps will be spaced along the edge of the self material for attachment o the outer collar. X COMPLIANT EXCEPTION x 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 moisture barrier shall be sewn to the thermal liner at its perimeter with the breathable membrane oriented inward toward the thermal liner and away from the outer shell. 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. X 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 the use of hook and loop, zippers, and snaps. There shall be a 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 Page 8 of 27 COLLAR: The 3" split collar shall consist of two piece construction shaped for comfort. The collar shall be configured 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 a layer of CROSSTECHO BLACK (Type 2F). The shell collar shall provide proper interface with the liner to insure no moisture penetration through the collar seam to the inside of coat. The shell collar shall have multiple pieces %" hook along top edge for liner attachment. Collar shall close left to right. The liner collar shall be a layer of self -material and a layer of CROSSTECHO BLACK (Type 2F). The 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 liner collar shall be attached to the facings at the front closure of the outer shell. The neck of the liner collar 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. A 4" wide CROSSTECHS Black (Type 2F) and 1.5" self -material extension shall be sewn the full length of the neck with two pieces of 1" loop for attachment to shell collar. The self -material extension shall overlap the shell collar to prevent exposure of the hook and loop. 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. The collar shall be attached to the liner facing using 3/4" hook. Collar shall be of such design so as not to interfere with SCBA face masks, or helmet. X COMPLIANT EXCEPTION DRAG RESCUE DEVICE (DRD): The Fire Fighter Recovery HamessTm shall be constructed of a one and one-half inch wide KEVLAR® 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 firefighters skeletal frame, in order to decrease the risk of further injury. This product is only for structural firefighting operations. X COMPLIANT EXCEPTION Page 9 of 27 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. X COMPLIANT EXCEPTION THERMAL REINFORCED YOKE: A layer of Semper Dri (3.0 ozJsq. yd. Teflon® treated Chambray (NOMEX® spun) face cloth quilted to one layer E-89TM spunlace aramid 851/oNOMEXO/15% KEVLARO 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% NOMEX6/15% KEVLAR® weighing approximately 1.5 ozJsq. yd. with a Teflon(& finish (total weight +/- 6.8 ozJsq. 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". X COMPLIANT EXCEPTION 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. X COMPLIANT EXCEPTION V FITTM 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 X COMPLIANT EXCEPTION SLEEVE WELL/WRISTLET MOUNTING: A combination Semper DriTM (3.0 oz./sq. yd. Teflon® treated Chambray (NOMEX® spun) face cloth quilted to two layers of Nomex®/Kevlar® spunlace (total weight +/- 6.0-6.8 oz./sq. yd)) and one layer of breathable CROSSTECHO BLACK (Type 2F) moisture barrier leader shall be sewn no more than 1" back from the combination liner sleeve end to form a sleeve well. A 3/4" wide strip of FR loop fastener shall be sewn full"Zircuinference to the end of the thermal liner leader to help secure the combination liner to the outer shell. A CROSSTECH0 BLACK (Type 2F) moisture barrier leader shall be sewn no more than 1" back from the combination liner sleeve end. This leader shall be approximately 4" in length and end with a gathering of 1" elastic. This sleeve well shall reduce water and hazardous materials from entering the sleeve when arms are in a raised position. Page 10 of 27 The combination liner sleeve ends shall be inserted into the outer shell sleeve ends by means of lining up the snaps then attaching the FR loop fastener of the combination liner sleeve end with the FR hook fastener on the outer shell sleeve. This method of combination liner attachment shall reduce 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. _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. X 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. X 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. X 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. X COMPLIANT EXCEPTION 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 left side of the coat opening for maximum thermal protection and clear drainage. The inner lining of the storm flap shall be Gore RT710OTM PTFE moisture barrier meeting all requirements for moisture barriers sandwiched between two layers of outer shell fabric. The storm flap shall close from left to right. COMPLIANT EXCEPTION Page 11 of 27 FRONT/STORM FLAP CLOSURES: The front closure shall consist of a thermoplastic zipper with a 1 3/4" polymer coated aramid tab added to the left bottom for fast closure and exit. The storm flap closure shall consist of double -stitched V wide FR hook and loop attachment with FR hook fastener sewn on the right 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-layer 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 snap shall be securely riveted with (3) 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 utility snap and the flashlight tie two strap. FLASHLIGHT STRAP: 1x10" 2 layers self fabric flashlight strap X-stitched to shell with I. 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 MF003 utility snap hook X 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 comers 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 Vx 2" hook on flap vertically. MIC TAB: There shall be a V 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 _,K_COMPLIANT EXCEPTION IDENTIFICATION PATCH: There shall be (1) V x 4" self -fabric letter patch with Velcro attachment located on the radio pocket flap. Using black thread fire fighter's name shall be spelled using I" initial last name in %2" block letters. X, COMPLIANT EXCEPTION Page 12 of 27 EMBLEMS: There shall be a 2.5"x 4.25" American Flag patch, with stars in the upper left comer, sewn to the coat LEFT sleeve. There shall be a 2.5" x 4.25" Texas State Flag emblem sewn to the coat RIGHT sleeve. X COMPLIANT EXCEPTION NAME LETTERING PATCHES: There shall be (1) 5"xl8" contoured 1-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 l" 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 1ST initial and last name for all chiefs. .X 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 comer of pocket opening and top comers 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 1" by 2" polymer coated aramid pull tab for easy opening. The comer 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. X COMPLIANT EXCEPTION `Page 13 of 27 V Ii orceT"' 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 BackTM suspenders (required with these pants). X 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. X 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 restrictbody 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 850/oNOMEXO/15% KEVLAR® weighing approximately 2.3 oz./sq. yd. with a Teflon® finish and one layer of apertured (1143 apertures/sq. inch) E-89TM spunlace aramid 85% NOMEX(9/15% KEVLAR(M weighing approximately 1.5 ozJsq. 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. X COMPLIANT EXCEPTION Quilt Thermal Liner Construction: The CROSSTECH@/NOMEX® pajama check moisture barrier shall not be separable from the thermal liner. There shall be a inspection port for total moisture barrier inspection. In addition there shall be snaps along the waist and bottom leg opening for alignment. 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. X COMPLIANT EXCEPTION Page 14 of 27 MOISTURE BARRIER/THERIVIAL 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. x 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. Velcro stitching will be double rows. Pant closure shall be provided by a thermo plastic zipper. Also, a hook and dee ring closure shall be used for quick one motion closing at the waist. 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 with leather backed rivets. The dee shall be made of a non ferrous metal alloy 2" long x 1 1/16" wide and secured by two leather backed rivets to the leading edge of fly flap. ~- The storm fly shall be outer shell material, lined with a 4." strip of CROSSTECH® BLACK (Type 2F) moisture barrier material and-Semper Dri TMto prevent wicking. 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. x COMPLIANT EXCEPTION THERMAL FLY ASSEMBLY: A 3/4" wide x 9" long loop fastener shall be sewn to the moisture bander/thermal liner to engage corresponding hook fastener on the underside of the outside storm fly and facing. x COMPLIANT EXCEPTION Page 15 of 27 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. X COMPLIANT EXCEPTION EXTERNAL TAKE-UPS: There shall be two waist straps sewn and bar tacked 2 %z" down from the top of the waistband. One strap shall be installed on the right side and one on the left side constructed out of one piece of shell material folded to two layers and sewn to form a 1/2" wide strap. Each strap shall be a minimum of 8 %2" in length. These take-up straps shall have a 5/8" nickel plated postman style slide buckle which shall be attached by a piece of shell material six (6) inches in length folded to form two layers. The strap is sewn to form an attachment strap approximately three (3) inches in length designed for quick take-up adjustment. X COMPLIANT EXCEPTION RADIAL INSEAM BAND: A radial banded insert runs continuously from the top of knee on one leg, through the crotch area to the top of the opposite knee. The elimination of crotch seams reduces tension in the crotch area to give added comfort and helps to alleviate stress to extend the useful, life of the gear. Also there is an added insert piece in the design to help ensure that when the firefighter is kneeling or bending the leg of the garment bends in alignment with the leg so that the knee of the firefighter centers on the knee pad of the pants. It also helps to eliminate rubbing of the inseams of each leg against each other when the firefighter is working so that the risk of abrasion of the seams is minimized. X COMPLIANT EXCEPTION V FITrm 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 and one layer of silicone padding. This reinforcement material shall be oriented between the outer shell and knee insert reinforcement. X COMPLIANT EXCEPTION Page 16 of 27 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. X 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 X 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 1 on outseam) X 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 lxl hook on flap corners sewn to the inside of the thermal liner on the right side, 1" below waistband. X COMPLIANT EXCEPTION 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. Page 17 of 27 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 comers 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 2.75" hook fastener set vertically on the underside of the flap. _COMPLIANT EXCEPTION Page 18 of 27 MASTER SPECIFICATIONS V BackT" Quick Adjust H-Back Suspenders With Snap Tab Attachments Or Equal Model No SR840-00(SR836-00, SR845-00) Or Equal SCOPE A highly engineered 40" red suspender designed for greater range of mobility and reduced stress allowing for three points of attachment to V-ForceT�' 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 an 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. X COMPLIANT EXCEPTION Page 19 of 27 V-FORCET�t PANT WITH BELT PANT CONSTRUCTION: The pant shall have a low rise waist V-FitT"I design with a two inch KEVLAR® belt. x. COMPLIANT EXCEPTION BELT: Two inch wide KEVLAR® belt with 2" self-locking thermoplastic buckle with quick - release mechanism. X 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. To deter the wicking of moisture up the thermal liner leg the bottom nine inches of each thermal leg shall be constructed of Semper DriTM (3.0 oz./sq. yd. Teflon® treated Chambray (NOMEX® spun) face cloth quilted to two layers of NOMEX(D/KevlarO spunlace (Total weight +/- 6.0-6.8 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 in the knee, an additional layer of uninterrupted 1/8" thick, fire resistant closed -cell foam shall be positioned between the moisture barrier and thermal liner. Quilt Thermal Liner Construction: The CROSSTECH® Black (Type 2F): moisture barrier shall be sewn to the thermal liner at its perimeter. 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. X COMPLIANT EXCEPTION PANT LINER INSPECTION SYSTEM: There shall be an opening located on the pant liner system to the right side of the waist separating the thermal barrier and moisture barrier, approximately 10" in length. This opening will provide the ability to completely invert the pant liner to properly view the integrity of the entire liner system. There shall be a piece of 1" x 3" FR loop sewn to the moisture barrier 3" over from beginning of opening and a corresponding piece of 1" x 3" FR hook sewn to the inside of the outer shell to ensure proper alignment when installing the liner system into the outer shell. This Liner Inspection System is completely hidden when the liner is properly installed into the outer shell. X COMPLIANT EXCEPTION Page 20 of 27 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. Velcro stitching will be double rows. Additionally, one snap shall be positioned at the inside top of the fly. Pant closure shall be provided by a thermo plastic zipper. The storm fly shall be outer shell material, lined with a 4. " strip of CROSSTECHO (Type 2F) moisture barrier material. X 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 storm fly and facing. X COMPLIANT EXCEPTION WAISTBAND:. The waist of the pants shall be reinforced on the inside with 1-ply of outer shell fabric material not less than 1.5" in width. The pant waist shall be contour shaped for better comfort and hemmed`tb 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. Three belt loops of two -layers of self -fabric, 4" wide by 3 1/2" high shall be double stitched to pant shell and bartacked at all four corners. One loop at center back and one loop on each side. __COMPLIANT EXCEPTION RADIAL INSEAM BAND: A radial banded insert runs continuously from the top of knee on one leg, through the crotch area to the top of the opposite knee. The elimination of crotch seams reduces tension in the crotch area to give added comfort and helps to alleviate stress to extend the useful life of the gear. Also there is an added insert piece in the design to help ensure that when the firefighter is kneeling or bending the leg of the garment bends in alignment with the leg so that the knee of the firefighter centers on the knee pad of the pants. It also helps to eliminate rubbing of the inseams of each leg against each other when the firefighter is working so that the risk of abrasion of the seams is minimized. X COMPLIANT EXCEPTION Page 21 of 27 V-FITr'I 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 and one layer of silicone padding. This reinforcement material shall be oriented between the outer shell and knee insert reinforcement. 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. X 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 X 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 1 on outseam) X 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 lxl hook on flap corners sewn to the inside of the thermal liner on the right side, I" below waistband. X COMPLIANT EXCEPTION 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 KEVLARO 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 comers and top corners of flap reinforced with bar tacks for additional strength. Drainage of moisture to be provided by brass eyelets. Page 22 of 27 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 b" 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 comers 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 2.75" hook fastener set vertically on the underside of the flap. X COMPLIANT EXCEPTION Page 23 of 27 MASTER SPECIFICATIONS V-BackT`f Quick Adjust V Back Suspenders With Snap Tab Attachments Or Equal Model No SR842X-00(SR84SX-00, SR854X-00) Or Equal SCOPE A highly engineered *42" red suspender designed for greater range of mobility and reduced stress allowing for four points of attachment, using self -fabric, leather -reinforced suspender tabs with snaps to a V-ForceTM , traditional or contoured waist bunker pant. DESIGN Two 11" 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 two 42-stitch bartacks. Two 8" back straps made of 2" wide elastic webbing shall be joined with two - needle lock -stitch at the bottom of each V-shaped shoulder pad. Four 2" wide self -fabric suspender tabs with leather reinforcement, using 2 male and 2 female logo snaps for suspender attachment, shall be required on pants for use of these suspenders. Two self - fabric suspender tabs shall be attached to the back of the pant and to the front of the pant and reinforced with two bartacks each tab. Each self -fabric tab attached to the pants shall be fed through each 2" metal loop on the suspenders. 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 12" long ending in a 4" 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. Page 24 of 27 Specification Questionnaire ITB 14-11862-KD Protective Clothing for Structural Fire Fighting The specification questionnaire that accompanies these specifications must be completed in full and returned with your bid for your bid to be considered. 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. Specification Questionnaire Protective clothing dealer: 1)ACo FIRE EQuIpMENT Dealer's telephone number and contact person: 806-763-0808 GARRETT DOBMEIER.'_. Protective clothing manufacturer: LION APPAREL Manufacturer's telephone number and contact person: 469-285-0058 CHRIS PARKINSON Protective clothing model bid: CVFM-32 , V-FORCE COAT, PVHM, V-FORCE HIGH BACK PANT Name of third party testing/certification organization: PVF44, V-ROCE BELTED PANT 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: DEPARTMENT CONTACTS DEALER, DEALER THEN CONTACTS CUSTOMER SUPPORT Page 25 of 27' What is the "typical' length of time in calendar days for a warranty repair? 10-14 (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: —SAME r1S—WARRANTyRERALRS What is the "typical" length of time in calendar days for a non -warranty repair? 10-14 (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 SOUTHERN MILLS ; it is marketed as AI)VANCEIJ ULTRA The fabric weight is 7,S oz. per sq. yd., and the water/stain treatment utilized is SUPER SHELLTZTE ENSEMBLE WITH THE STANDARD THERMAL LINER Weight of coat bid: T$1) Weight of trousers bid: C -i�� TPP of the body of the coat bid: 4,5 _ TPP of trousers bid: 45.6 (Documentation from the third party testing/certification organization or mill, confirming the TPP rating must be attached to this questionnaire.) THL of coat bid: 262.7R THL of trousers bid: 262.78 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: N/A NFPA WES NOT REQUIRE (Documentation from the third party testing/certification organization or mill, confirming the TPP rating, must be attached to this questionnaire.) Page 26 of 27 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: I. Name of Service: LION TOTAL CARE Address: 2025 IRVINC7 $LVD City: bALLAS Phone Number: 214-742-6156 State: TX Zip/Postal Code: 75207 2. Name of Service: LION TOTAL CARE Address: 6000 $ERRU$ROOK DRIVE City: HOUSTON , State: TX Zip/Postal Code: 77017 Phone Number: _ Z 1 3-644-UM r 3. Name of Service: Address: City: Phone Number: 4. Name of Service: Address: State: Zip/Postal Code: City: , State: Zip/Postal Code: Phone Number: Questionnaire Completed and Submitted by: bACO FIRE EQUIPMENT (Name of company) CjARRBTT I)OB EIEn SALES (Print Name and Title) Page 27 of 27 0 City of Lubbock TEXAS PURCHASE ORDER DACO FIRE SAFETY EQUIPMENT TO: 201 AVENUE R P.O. BOX 5006 LUBBOCK Texas 79408 5006 Page - 1 Date - 12/18/2014 Order Number 10012866 000 OP Branch/Plant 5619 CITY OF LUBBOCK SHIP TO: CENTRAL FIRE STATION RAULSALAZAR 1515 EAST URSULINE LUBBOCK Texas 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Whol larta Alvarez, C sin 3c Contract Mana ement Ordered 2 8 2014 Freight Requested 01/25/2015 Taken By T SHELLEY Delivery PER R SALAZAR REQ 44824 CONTRACT 11862 Description/Supplier Item Ordered Unit Cost UM Extension Request Date Bunker Coat 97.000 1,090.0000 EA 105,730.00 01/25/2015 Bunker Pant 97.000 697.0000 EA 67,609.00 01/25/2015 Total Order Terms NET 30 DAYS 173,339.00 This purchase order encumbers funds in the amount of $173,339 awarded to Daco Fire Equipment of Lubbock, TX on June 12, 2014. The following is incorporated into and made part of this purchase order by reference: ITB 14- 11862-KS dated June 12, 2014, from Daco Fire Equipment of Lubbock, TX. Resolution No. 2014-R0214. ATTEST: pe 1 311'm('� R be t a Garza, City Secretary TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARDTER.\ISAND CONDITIONS CITY OF LUBDOCKTERAS Seller and Buyer agree as follows: 1. SELLER TO PACKAGE GOODS. Sella will package goods in aacodtotm with good commercial practice Each shipping container shall be clearly and pemunently marked as follows (a) Seller's name 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 container, 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 conclusiveon shipments not accompaniedby packing lists 2. SHIPMENT UNDER RESERVATION PROHIBITED. Sella is not authorized to ship the goods under reservation and m terderof a bill of lading will operate as a tenderof goods 5. TITLE AND RISK OF LOSS. The title and risk of toss of the goods shall not pass to Buyer until Buyer actually receives and lakes possession of the goods at the point or points of deliway. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods most fully comply with all provisions of this contract as to time of delivery, quality and the like If a tender is mtde which does not fully conform, this shall constitute a breach and Sella shall not have the right to substitute a conforming tender, provided, where the time for perfmanco has not yet expired the Sally my reasonably notify Buyer of his intention to cure and may then nuke a conforming 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 release aIla 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 arty, 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 make to the Sella, cancel this contract without liability to Sella if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Sella, or any agent or representative of the Sella, to any officer or employ" of the City of Lubbock with a view to sectoring a contract or securing favorable treatment with respect to the awarding or amending, or the miking of arty determinations with raped to the performing of such a contract In the event this contract is canceled by Buyer purumt to this provision Buyer shall be entitled in addition to arty other rights and remedies, to recover or withhold the amount of the cost marred by Sella in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hercof includes the cost of any special tooling or special tat equipment fabricated or requited by Sella for the purpose of filling this orda, 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 Seiler 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 Sellers current process on orders by others for products of the kind and specification covered by this agreement Poi similar quantities under similar of like conditions and methods of purchase In the event Sella breacha this warranty, the price of the items shall be reduced to the Seller's current prices on order by other, or in the alternative. Buya may cancel this contract without liability to Sella for breach or Seller's actual exper sm It. The Seller warrants that no person or selling agency has been employed or retained to solicit or sccum 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 Sella for the purpose of securing business For breach of vicialion 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, bmkmge or contingent fee 9. WARRANTY -PRODUCT. Seller shall rat 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, dmwin Lm and descriptions listed in the bid invitation, and to the samplds) furnished by the Sella, if any. 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 warrants fault-ftee performance and fault -free result in the procuring date and date related data (including. but not limited to calculating, comparing and se quaKing) of all hardware, software and firmware pmducm delivered aad services provided under this Contract, individually or in combination, as the case my be from the effective date of this Contract The obligations contained herein apply to products and services provided by the Seller, its sub- Sella or arty 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, my 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, ins right pertaining to termination or default The warranties contained haein 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. Sella warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Depamment of Labor wrier the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer nay rdum the product Poi correction or replacement at the Seller's expense. In the event Sella fails to make the appropriate correction within a reasonable time, correction nude by Buycr will be althe Seller's expense 11, NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan of this contract for sale Seller agree to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will Siva rise to the rightful claim of any third person 12. NON APPROPRIATION. All Ponds for payment by the City under this contract are subject to the availability of m annual appropriation for this purpose by the City. In the event of nomppropriation of fads 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 tamination charge or other liability, on the last day of the then -current fiscal yea 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 m arty time floods are not appropriated for the continuance of this contract, cancellation shall be accepted by the Sella on thirty (30) days prior written notice, but failure to ghro such notice shall be of m effect and the City shall not be obligated undo this contract beyond the date of temtination by way of infringement of the like. Buyer makes no warranty that the production of goods according to "specification will not give rise to such a claim, and in no event shall Buyer be liable to Sella for indemnification in the event that Sella issued on the grounds of infringement of the like If Sella is of the opinion that an infringement or the like will result, he will ratify the Buyer to this eRed 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 Sella in good faith ascertains the production of the goods in accorddarce with the specifications will result in infringement or the like, the contract shall be null and void U. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before aaetsing than. Id. CANCELLATION. Buyer shall have the right to wool for de6uh all or any part of the undelivered portion of this order if Sella breaches any of the terms hereof including warranties of Seller or if the Sella becomes insolvent or commits acts of bankruptcy. Such right of arcellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 15. 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 Sella 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 rat in lieu ofthe rights of Bu)er set forth in Clause 15, herein. 16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terra 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 parry is uroble to prevent 17. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation trade by Sella without the written permission of the Boyd. Any attempted assignment or delegation by Sella shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph 19. WAIVER, No claim or right arising out of a breach of this contract can be discharged in whole or in pan by a waiver or renunciation of the claim or right unless the waiver or rm unciaion is supported by consideration and is in writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and perforotamm provided by Buyer in its advertisement for bids and any other documents provided by Sella as pan of his bid is intended by the panics as a final expression of their agreement and intended also as a complete and exclusive statement of the tams of their agreement. \Vhenevera term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control 20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Where eves the term "Uniform Commercial Code' is used, it shall be construed as mewing the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 21, RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other party's intent to perform he may denand that the other party give written assurance of his intent to perform in the event that a demand is nude and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiathon of the contract 22. INDEMNIFICATION. Sella shall indemnify, keep and save harmless the Buyer, its agents, officials and employees against all injuries, deaths, loss, damages claims, patent claims, suits, liabilities, judgments costs and expenses, which tray in anywise acme against the Buyer in consequence of the lmanting of this Contract or which tray anywise result therefrom whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Sella or its employees, or of the subSeller or assignee or its employees, if any, and the Sella shall at his own expensq appear, defend and pay all charges of attorneys and all cogs and other expense arising therefrom of incurred in connection therewith, and, if arty judgment shall be rendered against the Buyer in any such action the Sella shalt at its own expenses, satisfy and dischage the same Sella mprasly understands and agree that arty bond requited 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 25. TIME. It is hereby expressly agreed and understood that time is of the essence for the perforo once 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 24. MBE. The City of Lubbock hereby notifies all bidden that in regard to any contract emceed into pursuant to this requat minority and worsen 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, sax or natural origin in consideration for an award 25. NON -ARBITRATION. The City reserve the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation the right to sea any and all fornm of relief in a court of competent jurisdiction Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive. and my be exercised concurrently. To the atwt of any conflid between this provision and another provision in. or related to, this document, this provision shall control. 2& RIGHT TO AUDIT. At any time during the tens of the contract or 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 to the City under this Contract In the enem such an audit by the City reveals any error or overpayments by the City. Contractor shall refund the City the full amount ofsuch overpayments within thirty (10) 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. 27. HOUSE BILL 2015, Signed by the Governor on June 14. 2015 and cf1active on January 1, 2014. awhorves a penalty, to be imposed on a person who contracts for certain services with a governmental entity and who fails to property classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalizes) $200 for each individual that has been misclassifned Governmental entities nay want to include information on this new misclassification penalty in thew contracts with emitia that ere providing service; covered by this new, requirement (Texas Government Code Satan 2155.001). Rev. 02/2012 l DACO FIRE EQUIPMENT 201 AVER PO BOX 5006 LUBBOCK, TX 79408 Phone # Fax # 806-763-0808 806-763-9151 I Name / Address I LUBBOCK, CITY OF PO BOX 2000 LUBBOCK, TX 79456 Ship To LUBBOCK FIRE DEPT. 1515 EAST URSULINE LUBBOCK, TX 79401 Estimate Date Estimate # 12/16/2014 1602 Terms Rep FOB Net 30 GD Item Description Qty Rate Total LIOCVFM-32 LIOPVHM V-FORCE COAT, 32" V-FORCE PANT, HIGH -BACK, MALE CONTRACT PRICING EXPIRES 2-25-2015 97 97 1,090.00 697.00 105,730.00 67,609.00 Subtotal $173,339.00 Sales Tax (0.0%) $0.00 Total $173,339.00 12, 2014 No. 6.22 RESOLUTION E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, ,' ; bet' O 1 , -" e1;QOt r # g t1; by and between the City of Lubbock and ANIF and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. by the City Council on C. ROBERTSON, MAYOR TTEST: S OVED AS TO CONTENT: Kemp, Fire ROVED AS TO FORM: :ccdocs/RES.Contract-Daco Fire Equip y 21, 2014 Resolution No. 2014-RO214 Contract 11862 City of Lubbock, TX Contract for Protective Clothing for Structural Fire Fighting THIS CONTRACT made and entered into this 12'h day of June, 2014, by and between the City of Lubbock ("City"), and Daco Fire Equipment, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Other Clothing Supplies and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Other Clothing Supplies. 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 are attached hereto and made part hereof, Contractor will deliver to the City Other Clothing Supplies and more specifically referred to as Items 1-6 on the bid 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 procedures outlined in the Bid Form and Specifications attached hereto and Insurance required in Exhibit A 3 q- r�ct h 1g1�uft�,�0"��1'��pi`ii��.. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. 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. 6. 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. 7. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. At any time during the term of the contract, or 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 to the City 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. Non Appropriation: 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 non - appropriation 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. 10 This Contract consists of the following documents set forth herein; Invitation to ITB 14-11862- KS, 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 L Glen7g.,KobErtecfn, Mayor EST: Reb cca Garza, City Secre ry APPROVED AS TO CONTENT: -7� K5�2 Michael Kemp, Fire Chief APPROVED AS TO FORM: Chad er ss' t Cit ttorney CONTRAC BY /L k-1- Authorized Representative GARRETT bO$MEZER Print Name 201 AVE R Address LUBBOCK, TX 79415 City, State, Zip Code Exhibit A City of Lubbock, TX Purchasing Sc Contract Management ITB 14-11862-KS, Protective Clothing for Structural Fire Fighting III — INSURANCE COVERAGE REQUIRED SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in ana TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Claims Made ® Occurrence ❑ W/Heavy Equipment ❑ To Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY AUTOMOTIVE LIABILITY ® Any Auto ❑ Scheduled Autos ❑ Non -Owned Autos EXCESS LIABILITY ❑ Umbrella Form GARAGE LIABILITY ❑ Any Auto ❑ All Owned Autos ❑ Hired Autos COMBINED SINGLE LIMIT General Aggregate 1,000,000 Products-Comp/Op AGG X Personal & Adv. Injury X Contractual Liability X ; Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate Aggregate 1,000,000 Each Occurrence Aggregate Auto Only - Each Accident Other than Auto Only: Each Accident Aggregate ❑ BUILDER'S RISK ❑ 100% of the Total Contract Price ❑ INSTALLATION FLOATER ❑ t00% of the Total Material Costs ❑ CARGO ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ® EMPLOYERS' LIABILITY OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory bases. ® To include products of completed operations endorsement. ® Waiver of subrogation in favor of the City ojLubbock on all coverages, except Page 1 of 2 Exhibit A IMPORTANT: POLICY ENDORSEMENTS The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same maybe covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. L All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1625 13a' Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. Page 2 of 2 City of Lubbock, TX BID FORb-1 Protective Clothing for Structural Fire Fighting In compliance with the invitation to Did 14-11362-KS, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being fnmifiar with the conditions to be met, hereby submits the following Did 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. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The invitation to Did 14-11862-KS is by reference incorporated in this contract. The Did Form must be completed in blue or black huk or by typewriter. Qry UNIT OF UNIT PRICE# EXTENDED Delivery ITEbI MEASURE DESCRIPTION DID COST Days 1. 175 Each Protective coats, as specified S 1 , 095. 00 S 190 , 750 .0 75-90 herein. 2. 115 Each Protective trousers, as specified S 697.00 S121,975.00 75-90 herein. J. 60 Each Outer shell, as specified herein. S 4,19.9 L26,340,00 75-90 4. 60 Each Thermal liner and moisture SCOAT 362.0 537, 920.00 1 75-90 barrier assemblies, as specified PANT 261.00 15, 660.00 75-90 herein. 5. 60 Each Individual thermal liners, as S WA L IdU UWS I U, —YU specified herein. PANT 136.0 8 , 160.00 75-90 - 6. 60 Each individual moisture barriers, as S S 10, specified herein. PAN2e 12¢.0 7,440.00 75-90 Total Cost (Items 1-6) S 3 O OPTION: 1. 60 Each Optional individual thermal liners, asspecified herein. S N�8 S Total Cast S 473, 6¢5.00 'PRICE: 17.0.13. Destination, Freight Pre -Paid and Allowed "Days After Receipt of Order (ARO) Unless otherwise specified herein, the City may award the hid either item -by —item or on an nil -or -none basis for any Item or group of Items shown on the bid. PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of 0 %, net34alendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Did Form, payment terms will be NE'r THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after Elie date of acceptance, whichcver event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted m applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or alter 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, fur like quality and quantity of the products/serviccs; does not include an element of profit on the sale in excess of thit normally obtained by the Sadder on the We of products/services of like quality and quantity; and does not include my pruvision for discounts to gelling agents. If at any time during the contract �L^iceL�e Lt srtlBJ14 iJ fc�£tvsslcr�(:I,�tA tet�tr.ucts:r�tFggEghl,ny 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. NTERLOCAL PURCHASING (optional): 'fhe 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 provided for by the Interlocal Cooperation Act (Chnpter 791, Govemment 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 X NO ifyou ((he 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 rnaterials/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 materialstservice as needed. THIS BID IS SUBMITTED BY bACO FIRE EQUI P44Tcation organized under the laws of the State of - TE:CAS , or a partnership consisting of of the City of Firm: bACO FIRE EC2UIp,%lENT Address- 201 AVE R or individual trading as City: LU1513OCK State: TX Zip 79415 Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date MIWBE Firm: Addenda No. Date Addenda No. Date Woman Black American Native American us r erican Asian Pacific Americ Other(S eci ) AwhiAzed liellsresentative - must sign by hand Officer Name and Title: (37ARRETT L)08.klE I ER Please Print Business Telephone Number_ 806-763-0808 E-mail Address: 4arreff6daco,f i re . corn 5-12-1 FAX: 806-763-9151 FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/individual: Date of Award by City Council (for bids over $50.000): Date P.O 1Contr-act Issued - RETURN COMPLETED & SIGNED BID FORM ALONG WITII CITY OF LUBfIOCK SPECIFICATIONS. LABELTIIE OUTSIDE OF YOUR SEALED IIIU tvl'ril rIIE ITB rNUMHER, TIIE CLOSING DATE AND TIME, AND YOUR COJ1ll:kNY,N,I,NIE,%ND,\DURESS. SJ.'urchrd Ih}csttfU 1�1�+ - � u v , uhLrtg (� ltiu-al�1 it •ig�itit)g SPECIFICATIONS & tr hase/Did Does117D I4•I1962•KS PromtiydClothin8 or Smtctural Fite Fieht City of Lubbock, TX IT 13 14-11862-KS Protective Clothing for Structural Fire Fighting GENERAL REQUIREiVIENTS Delivery: a. The delivery of garments for all orders other than "Rush" orders shall be required within 80 days of the receipt of the order. b. 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. c. Each order will be faxed to the bidder/manufacturer during normal business hours. The date on the fax confirmation printed by the City of Lubbock 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 due ore 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. 2. Training: a. 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. b. 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. c. This training may be conducted at the manufacturer's facilities or at the Lubbock Fire Department's facilities. in either case, nil expenses associated with providing this training (including travel, lodging, meals, etc.) shall be the sole responsibility of the bidder. d. 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. 3. Guarantee: a. 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. b. The bidder/manufacturer shall provide a limited lifetime warranty against material and workmanship defects in its products %vhen used by appropriately trained personnel following Page 1 of 27 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. 4. Repairs: a. The bidderlmanufacturer shall have an in-house repair facility available to the City of Lubbock 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. b. NOTE: Any cleaning and repair service that is used must be acceptable to both the manufacturer and the City. 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. 5. Alternates: a. 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 Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, 1625 13i° Street, Room 204, Lubbock, Texas 79401, no later than May 13, 2014, at 3:00 p.m. CST. The envelope containing the alternate must be identified with the bid number 14-11862-K5 and marked "ALTERNxrE 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 or which garments and/or alternatives best meet the needs of the Department. The decision or the Lubbock Fire Department shall be final. 6. Samples: a. 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 bidderfmanufacturer 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. b. 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. Awards: a. 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: I. The design features, and performance offered for the coat and pants; 2. The cost of each coat and pants; 3. The cost of replacement thermal liner and moisture barrier assemblies; 4. The cost of replacement thennal liners and replacement moisture barriers; and, 5. The cost of the options called for in these specifications. GENERAL GARMENT REQUIRENIENTS Page 2 of 27 t. 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. 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. 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. 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. 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. 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 test! ng/certiiication 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. 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. 8. All hook and loop material used in the constriction 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. 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. to. All hardware attachments (hook and does, snaps, rivets, etc.) shall be properly reinforced. Page 3 of 27 Janesville@ V-ForceT" 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 -Eire -related rescue operations, emergency medical operations, and victim extrication. X COMPLIANT EXCEPTION STANDARDS: All garments produced 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 1971. The label of the third party tester shall denote certification. X COMPLIANT EXCEPTION The manufacturer shall beregisteredto 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. X COMPLIANT 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. X 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 than 205 when tested in accordance with NFPA 1971 standard. X 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. X COMPLIANT EXCEPTION Page 4 of 27 OUTER SHELL MATERIAL: 7.5 oz/sq. yd 60% KEVLAR®/20% NOMEX0 II1/20% Zylono ripstop weave with water/stain repellent finish. Color shall be natural. ADVANCE ULTRAT" X COMPLIANT EXCEPTION MOISTURE BARRIER MATERLt L: NOMEX® substrate laminated to a lightweight breathable, CROSSTECH BLACKOS (Type 2F), Teflon membrane; weighing 5.0 ozJsq. yd. __y_COMPLIANT EXCEPTION THERNI,kf, LINER MATERIAL: The thermal liner shall be comprised of GlideTM high -lubricity, stress reducing, filament/spun face cloth weighing 3.6 oz/sq/yd. The Kevlar filament yams shall represent no less than 60% of the face cloth's composition and shall be positioned in the warp direction of the weave in order to optimize their slippery characteristics on the face. Nomex spun yams, with superior wicking characteristics, shall be used to promote moisture management within the garment. The G1ideTM face cloth shall be quilted to one layer spunlace aramid (850/oNOMEX®/150/o KEVLARV) weighing approximately 2.3 oz./sq. yd. and one layer of apertured (11-13 apertures/sq. inch) spunlace aramid (85%NOMEX0/15%KEVLAR®) weighing approximately 1.5 oz./sq. yd. both layers shall be treated with a Teflon® finish to promote minimal moisture storage in the garment as well as promote rapid drying (Total weight +/- 7.3 ozJsq. yd.). X COMPLIANT 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. _X__ COMPLIANT EXCEPTION REFLECTIVE TRINI: All trim shall be sewn with four rows lockstitch 301, minimum six stitchesfiinch for most secure trim attachment. All trim shall be 3" ScotchliteT11' 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. X COMPLIANT EXCEPTION Page 5 of 27 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. X 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 GAR►NIENT MEETS THE GARMENT REQUIREIYIENTS OF NFPA 1971, 2007 EDITION MADE IN THE U.S.A. X COMPL'aANT EXCEPTION TRACKING LABEL ,SYSTEM: There shall be a PDF417, two dimensional bar code label, 1 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. X COMPLIANT EXCEPTION USER INFORIYIATION 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 Feld. • Warranty information. Page 6 of 27 (b) Preparation for use: • Sizing/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. (f) Maintenance and Cleaning: • Cleaning instructions and precautions with a statement advising users not to use garments that are not thoroughly cleaned and, dried. _ b • r • 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. X 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. ,X_CO,MPLIANT EXCEPTION Page 7 of 27 V-F orceT" 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, X CONII'LIANT EXCEPTION MOISTURE BARRIERMIERNIAL 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, CROSSTECFIV/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 NOMEX0 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. . 'X C01'VIPLIANT 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 moisture barrier shall be sewn to the thermal liner at its perimeter with the breathable membrane oriented inward toward the thermal liner and away from the outer shell. All moisture barrier seams shall be sealed as required by NFPA 1971. The moisture barrier/thermal liner shall Finish no more than I" from the cuffs and 2" from the hem. X COMPLIANT EXCEPTION MOISTURE BARRIERMIERIMAL LINER ATTAChIIVIIENT: 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 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. __COMP L 1 A NT EXCEPTION Page 8 of 27 COLLAR: The 3" split collar shall consist of two piece construction shaped for comfort. The collar shall be configured 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 a layer of CROSSTECHO BLACK (Type 2F). The shell collar shall provide proper interface with the liner to insure no moisture penetration through the collar seam to the inside of coat. The shell collar shall have multiple pieces W hook along top edge for liner attachment. Collar shall close left to right. The liner collar shall be a layer of self -material and a layer of CROSSTECHd;I BLACK (Type 217). The 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 liner collar shall be attached to the facings at the front closure of the outer shell. The neck of the liner collar 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. A 4" wide CROSSTECH0 Black (Type 2F) and 1.5" self -material extension shall be sewn the full length of the neck with two pieces of 1" loop for attachment to shell collar. The setf-material extension shall overlap the shell collar to prevent exposure of the hook and loop. 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. The collar shall be attached to the liner facing using 3/4" hook. Collar shall be of such design so as not to interfere with SCBA face masks, or helmet. Y COMPLIANT EXCEPTION DRAG RESCUE DEVICE (DRD): The Fire Fighter Recovery Hames9m shall be constructed of a one and one-half inch wide KEVLAR(@ 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 I" 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. X COMPLIANT EXCEPTION Page 9 of 27 1M.Ni GER 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. X MMPLIANT EXCEPTION TI ERINIAL REINFORCED YOKE: A layer of Semper Dri (3.0 ozJsq. yd. Teflon® treated Chambray (NOMEX6 spun) face clods quilted to one layer E-89Tm spunlace aramid 85%NOMEX4D/15% KEVLAR® weighing approximately 2.3 ozJsq. yd. with a Teflon® finish and one layer of apertured (I I-13 apertures/sq. inch) E-89TI" spunlace aramid 85% NOMEXO/15% KEVLAR® weighing approximately 1.5 oz./sq. yd. with a Teflon(ID finish (total weight +/- 6.8 ozJsq. 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". X COMPLIANT EXCEPTION 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. X COMPLIANT EXCEPTION V Fti'r-M 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 X COMPLIANT EXCEPTION SLEEVE WELIJWRISTLIE;T MOUNTING: A combination Semper Dri"M (3.0 ozJsq. yd. Teflon® treated Chambray (NOiNIEMD spun) face cloth quilted to two layers of Nomex®/KevlarlD spunlace (total weight -P/- 6.0-6.3 oz./sq. yd)) and one layer of breathable CROSSTECHO BLACK (Type 2F) moisture barrier leader shall be sewn no more than 1" back from the combination liner sleeve end to fonn a sleeve well. A 3/4" wide strip o£FR loop fastener shall be sewn full-- 6ircumference to the end of the thermal liner leader to help secure the combination liner to the outer shell. A CROSSTFCUIV BLACK ('Type 2F) moisture barrier leader shall be sewn no more than l" back from the combination liner sleeve end. This leader shall be approximately 4" in length and end with a gathering of I" elastic. This sleeve well shall reduce water and hazardous materials from entering the sleeve when arms are in a raised position. t'age 10 of 27 The combination liner sleeve ends shall be inserted into the outer shell sleeve ends by means of lining up the snaps then attaching the ER loop fastener of the combination liner sleeve end with the FR hook fastener on the outer shell sleeve. This method of combination liner attachment shall reduce any gaps from occurring between the combination liner and sleeve well during a full range of motion. The combination liner shalt extend to within 1" of the sleeve end. _COMPLIANT EXCEPTION 'WRISTLETS: An internal wristlet shall consist of a 2-ply KEVLARID / NOMEX® / Spandex® construction knitted not less than S" 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. X 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. X 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. X 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. X COMPLIANT EXCEPTION 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 left side of the coat opening for maximum thermal protection and clear drainage. The inner lining of the storm Flap shall be Gore RT7l00T14 PTFE moisture barrier meeting all requirements for moisture barriers sandwiched behveen two layers of outer shell fabric. The storm flap shall close from left to right. , V COMPUANT EXCEPTION FRONT/STORNI FLAP CLOSURES: The front closure shall consist of a thermoplastic zipper with a 1 314" polymer coated arwnid tab added to the left bottom for fast closure and exit. The storm flap closure shall consist of double -stitched I" wide Eft hook and loop attachment with FR hook fastener sewn on the right 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 CONIPLIANf EXCEPTION FLASHLIGHT ATTACHiVIENT: There shall be (1) 5"x3" l-layer 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" I -layer self -fabric patch. Utility snap shall be securely riveted with (3) leather reinforced rivets. A I"x 2.5" triple layer self fabric strap shalt he bartacked on each end and to be centered between the utility snap and the flashlight tic two strap. FLASHLIGHT STRAP: 1x10" 2 layers self fabric flashlight strap X-stitched to shell with l piece 1x3" hook & 1 female logo on one end, l piece Ix3" loop & I male snap on opposite end. Shall be located on right chest 4" down from the bottom of the MF003 utility snap hook X COMPLIANT EXCEPTION RADIO POCKET: One 4" wide x V 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 shalt be fully lined all 3 sides inside pocket with polycotton lining. Pocket flap shall close to the pocket top using 1 piece of Vx 2" loop on pocket horizontally and I piece of I "x 2" hook on flap vertically. iVIIC TAB: There shall be a V 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 �X COMPLIANT EXCEPTION IDENTIFICATION PATCH: There shall be (1) 1" x 4" self -fabric letter patch with Velcro attachment located on the radio pocket flap. Using black thread fire fighter's name shall be spelled using I" initial last name in %:" block letters. X• COMPLIANT EXCEPTION Paga 12 of 27 EMBLEMS: There shall be a 2.5"x 4.25" American Flag patch, with stars in the upper left corner, sewn to the coat LEFT sleeve. There shall be a 2.5" x 4.25" Texas State Flag emblem sewn to the coat RIGHT sleeve. X COMPLIANT EXCEPTION NAME LETTERING PATCHES: There shall be (I) 5"xI8" contoured 1-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. I -look & 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 I" initial and last name for all fire fighters, equipment operators, lieutenants, and captains. There shall be 2" red orange sew -on Scotchtite letters, sewn on the patch spelling the fire fighters name using I" initial and last name for all chiefs. X CONIPLIANI' , _EXCEPTION TURIN-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, scam 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-Dri"'11 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. X COMPLIANT EXCEPTION f'a Je 13 of 27 V-ForeeT" 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 BackTM suspenders (required with these pants). X COMPLIANT EXCEPTION EXTENDED BACK PANEL: A buck 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. X COMPLIANT EXCEPTION MOISTURE BARRIER/TMRrVUVL 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 IV& shall be constructed of'Semper Dri (3.0 oz./sq. yd. Teflong treated Chambray (NOMEX® spurt) face cloth quilted to one layer E-89T`l spunlace aramid 85%NOMEXVl5%o KEVLARV weighing approximately 2.3 oz./sq. yd. with a Teflon`as1' finish and one layer of apertured (11-13 aperture�q. inch) E-89TM spunlace aramid 85% NON(EX(9/15% KEVLAROD weighing approximately 1.5 ozJsq. 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. X COMPLIANT EXCEPTION Quilt Thermal Liner Construction: The CROSSTECHO/NOMEX® pajama check moisture barrier shall not be separable from the thennal liner. There shall be a inspection port for total moisture barrier inspection. In addition there shall be snaps along the waist and bottom leg opening for alignment. All moisture barrier scams shall be sealed as required by NFPA 1971. The moisture barrier/thermal liner shall finish no more than 3" from the cuffs. X COMPLiANT EXCEPTION Page 14 of 27 MOISTURE BNRRIER/THIuWMAL LINER X17ACIMENT: 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. x 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 stoma 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. Velcro stitching will be double rows. Pant closure shall be provided by a thereto plastic zipper. Also, a hook and dee ring closure shall be used for quick one motion closing at the waist. 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 with leather backed rivets. The dee shall be made of a non ferrous metal alloy 2" long x 1 1116" wide and secured by two leather backed rivets to the leading edge of fly flap. The storm fly shall be outer shell material, lined with a 4." strip of CROSSTECHO BLACK (Type 2F) moisture barrier material and-Semper Dri T"to prevent wicking. 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 COMPLIANT EXCEPTION THERMAL FLY ASSEMBLY: A 314" 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 fly and facing. X COMP[JANI' EXCEPTION Page 15 of 27 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. X COMPLIANT EXCEPTION EXTERNAL TAKE-UPS: There shall be two waist straps sewn and bar tacked 2 %" down from the top of the waistband. One strap shall be installed on the right side and one on the left side constructed out of one piece of shell material folded to two layers and sewn to form a 1/2" wide strap. Each strap shall be a minimum of 3 %" in length. These take-up straps shall have a 5/8" nickel plated postman style slide buckle which shall be attached by a piece of shell material six (6) inches in length folded to form two layers. The strap is sewn to form an attachment strap approximately three (3) inches in length designed for quick take-up adjustment. X COMPLIANT EXCEPTION RADIAL INSEr1;M SAND: A radial banded insert runs continuously from the top of knee,gti one leg, through the crotch area to the top of the opposite knee. The elimination of crotch seams reduces tension in the crotch area to give added comfort and helps to alleviate stress to extend the useful life of the gear. Also there is an added insert piece in the design to help ensure that, when the firefighter is kneeling or bending the leg of the garment bends in alignment with the leg so that the knee of the firefighter centers on the knee pad of the pants. It also helps to eliminate rubbing of the inseams of each leg against each other when the firefighter is working so that the risk of abrasion of the seams is minimized. X COMPLIANT EXCEPTION V FITrm IME: 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 118" thick, fire retardant closed -cell foam and one layer of silicone padding. This reinrorcecnent material shall be oriented between the outer shell and knee insert reinforcement. X COMPLIANT EXCEPTION Page 16 o(27 CUFFS: The cuff area of the pant shall be reinforced with a binding of polymer coated KEVLAR0 (Gold) not less than 2" in total width for greater strength, abrasion resistance, and thermal protection. X COINIP1,1ANT 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 X COLIPLIAN'r 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. (I on inseam I on outseam) X COMPLIANT EXCEPTION RECORDS ID POCKET: There shall be (1) 3.5x5.5" black outer shell liner pocket with flap, 2 pieces Ixl" loop on pocket corners and 2 pieces lxl hook on flap corners sewn to the inside of the thermal liner on the right side, I" below waistband. '. X COMPLIANT 3,EXCEPTION 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 KEVLARCID 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 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 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. f Pace 17 of 27 Left thigh split bellow. One 10" wide x 1.0" 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 d" back inside pocket with a KEVLAR0 twill divider. Pockets shall be fully lined all 3 sides inside pocket with Kevlar0 twill. Pockets and flaps shall be set with stitch 301, seam Ssb-2 with the top and bottom pocket comers and top comers of flap reinforced with bar tacks for additional strength. Drainage of moisture to be provided by brass eyelets. Pocket flaps shall be I 1"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 2.75" hook fastener set vertically on the underside of the flap. _COMPLIANT EXCEPTION Page 18 of 27 iytASTER SPECIFICATIONS V-Back" "i Quick Adjust H-Back Suspenders With Snap Tab Attachments Or Equal tilodel No S98IO-00(SR836-00, SR845-00) Or Equal SCOPE A highly engineered 40" red suspender designed for greater range of mobility and reduced stress allowing for three points of attachment to V-ForceT`' 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 tit. Two 1" shoulder straps shall bd 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 y. 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 an 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 NOMEX0. 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. X COYIPLIANT EXCEPTION Page 19 of 27 V-FORCE"" PANT WITH BELT PANT CONSTRUCTION: The pant shalt have a low rise waist V-FitTu design with a two inch KEVLAR D belt. , COMPLIANT EXCEPTION BELT: Two inch wide KEVLARO belt with 2" self-locking thermoplastic buckle with quick - release mechanism. X COMPLIANT EXCEPTION MOISTURE BARRIER/TIIERMAI. 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 DriT" (3.0 oz./sq. yd. Teflon® treated Chambray (NOMEXO spun) face cloth quilted to two layers of NOiVIEXWKevlar® spunlace (Total weight +/- 6.0-6.8 ozJsq. 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 in the knee, an additional layer of uninterrupted 1/8" thick, fire resistant closed -cell foam shall be positioned between the moisture barrier and thermal liner. Quilt Thermal Liner Construction: The CROSSTECHO Black (Type 2F) moisture barrier shall be sewn to the thermal liner at its perimeter. All moisture barrier seams shall be sealed as , required by NFPAA97 L -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 waisthand; two snaps shall be set in leather leg tabs at each leg end and hook and loop on each side of fly facing. ?c COMPLIANT EXCEPTION PANT LINER INSPECTION SYSTEM: There shall be an opening located on the pant liner system to the right side of the waist separating the thermal barrier and moisture barrier, approximately 10" in length. This opening will provide the ability to completely invert the pant liner to properly view the integrity of the entire liner system. There shall be a piece of V x 3" FR loop sewn to the moisture barrier 3" over from beginning of opening and a corresponding piece of 1" x 3" FR hook sewn to the inside of the outer shell to ensure proper alignment when installing the liner system into the outer shell. This Liner Inspection System is completely hidden when the liner is properly installed into the outer shell. X COMPLIANT EXCEPTION Page 20 of 27 STORitii 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 shalt 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. Velcro stitching will be double rows. Additionally, one snap shall be positioned at the inside top of the fly. Pant closure shall be provided by a thermo plastic zipper. The storm fly shall be outer shell material, lined with a 4." strip of CROSSTECHO (Type 2F) moisture barrier material. X COMPLIANT EXCEPTION THERMAL FLY ASSEMBLY: A 3/4" wide x 9" long loop fastener shall be sewn to the moisture ban-ier/thermal liner to engage corresponding hook fastener on the underside of the outside storm fly and facing. X COMPLIANT EXCEPTION WAISTBAND: The waist of the pants shall be reinforced on the inside with 1-ply of outer shell fabric material not less than 1.5" in width. The pant waist shall be contour shaped for bettercomfort and hemmed`M, 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. Three belt loops of two -layers of self -fabric, 4" wide by 3 1/2" high shall be double stitched to pant shell and bartacked at all four corners. One loop at center back and one loop on each side. _COMPLIANT EXCEPTION RADIAL hNSEA.M BAND; A radial banded insert runs continuously from the top of knee on one leg, through the crotch area to the top of the opposite knee. The elimination of crotch seams reduces tension in the crotch area to give added comfort and helps to alleviate stress to extend the useful life of the gear. Also there is an added insert piece in the design to help ensure that when the firefighter is kneeling or bending the leg of the garment bends in alignment with the leg so that the knee of the firefighter centers on the knee pad of the pants. It also helps to eliminate rubbing of the inseams of each leg against each other when the firefighter is working so that the risk of abrasion of the seams is minimized. X COMPLIANT EXCEPTION Page 21 of 27 V-FITr" 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 and one layer of silicone padding. This reinforcement material shall be oriented between the outer shell and knee insert reinforcement. 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. X COi /1PLIANT 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 X COWLIANT 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) X COMPLIANT EXCEPTION RECORDS ID POCKET: There shall be (1) 3.5x5.5" black outer shell liner pocket with flap, 2 pieces ixI" loop on pocket comers and 2 pieces Ix hook on flap corners sewn to the inside of the thermal liner on the right side, l" below waistband. X COWLIANT EXCEPTION TURN OUT POCKETS: Right thigh tool pocket. One 9" wide x 10" high, deep outside full bellows pockets that expand by rneans of side and bottom gussets to a thickness of 2" in front and back. Pockets shall be fully lined with KEVI-Aft 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 comers and top comers of flap reinforced with bar tacks for additional strength. Drainage of moisture to be provided by brass eyelets. Page 22 of 27 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. Lett 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 b" front and 4" back inside pocket with a KEVLAR® twill divider. Pockets shall be fully lined all 3 sides inside pocket with KevlarO twill. Pockets and flaps shall be set with stitch 301, seam Ssb-2 with the top and bottom pocket comers and top comers of flap reinforced with bar tacks for additional strength. Drainage of moisture to be provided by brass eyelets. Pocket flaps shall be l 1 "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 2.75" hook fastener set vertically on the underside of the flap. X COMPLIANT EXCEPTION Page 23 of 27 MASTER SPECIFICATIONS V-Back" Quick Adjust V-13ack Suspenders With Snap Tab Attachments Or Equal Model No SR842X-00(SR848X-00, SR854X-00) Or Equal SCOPE A highly engineered *42" red suspender designed for greater range of mobility and reduced stress allowing for four points of attachment, using self -fabric, leather -reinforced suspender tabs with snaps to a V-ForceTM , traditional or contoured waist bunker pant. DESIGN Two 11" 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 it pull strap for easily adjusting the suspenders for proper fit. Two I" shoulder straps shall be constnicted 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 two 42-stitch bartacks. Two 8" back straps made of 2" wide elastic webbing shall be joined with t.Nvo- needle lock -stitch at the bottom of each V-shaped shoulder pad. Four 2" wide self -fabric suspender tabs with leather reinforcement, using 2 male and 2 female.logo snaps for suspender attachment, shall be required on pants for use of these suspenders. Two self - fabric suspender tabs shall be attached to the back of the pant and to the front of the pant and reinforced with two bartacks each tab. Each self -fabric tab attached to the pants shall be fed through each 2" metal loop on the suspenders. 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 NOMEXGD. Each shoulder pad shall be 3" wide and 12" long ending in a 4" 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. Page 24 of 27 Specification Questionnaire ITB 14-11862-KD Protective Clothing for Structural Fire Fighting The specification questionnaire that accompanies these specifications must be completed in full and returned with your bid for your bid to be considered. 2. Bidders are encouraged to bid an optional (defined as Option I on the bid form) thermal liner material. This Option t material is to be constructed of Glide IT, 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 L5 oz. per sq. yd. each. The substrates will be quilted to a slick Nomex twill facecloth constructed from filament and spun yarns. Specification Questionnaire Protective clothing dealer: LACO FIRE EQUIPMENT � Dealer's telephone number and contact person: 806-763-0308 GARRETT DOBXtEIER' Protective clothing manufacturer: LION APPAREL Manufacturer's telephone number and contact person: 469-285-0058 CHRIS PARKINSON Protective clothing model bid: CVFNI-32 , V-FORCE COAT PVHM, V-FORCE HIGH BACK PANT Name of third party testing/certification organization: PVF t, -'V-ROCE BELTED PANT 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: DEPARTAIENT CONTACTS DEALER, DEALER THEN CONTACTS CUSTMIER SUPPORT Page 25 of 27 What is the "typical" length of time in calendar days for a warranty repair? I O-14 (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 Y _ No Describe the non -warranty repair process: SAVE AS IVARRANTI RFPA19.9 What is the "typical" length of time in calendar days for a non -warranty repair? I 0-14 (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 SOUTHERN MILLS ; it is marketed as "ADVANCED UL�_ The fabric weight is Z _ oz. per sq. yd., and the water/stain treatment utilized is SUPER 811ELLTITE ENSEMBLE WITH THE STANDARD THERMAL LINER Weight of coat bid: TAD Weight of trousers bid: TBD TPP of the body of the coat bid: 4tr; __ , TPP of trousers bid: 45.6 (Documentation from the third party testing/certification organization or mill, confirming the TPP rating must be attached to this questionnaire.) TIIL of coat bid: 262 Za _ TEIL of trousers bid: 262.78 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 E?dition of NFPA 1971. TPP of coat in the area as defined in Coat Tliermal Yoke Reinforcement: N/A NFPA DOES NOT REQUIRE (Documentation from the third party testing certification organization or mill, confirming the TPP rating, must be attached to this questionnaire.) Page 26 of 27 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; LI ON 12CARE Address: 2025 IRVINC7 BLVD City: DALL45 Phone Number: 21 ¢ -742 -6 156 State: T:C Zip/Postal Code: 2. Name of Service: LION TOTAL CARE Address: 6000 SERRI ROOK DRIVE City: HOUSTON Phone Number. 7i3-64 =zdnn 3. Name of Service: Address: 75207 State: TX Zip/Postal Code: 77017 City: , State: Zip/Postal Code: Phone Number: 4. Name of Service: Address: City: , State: Zip/Postal Code: Phone Number: Questionnaire Completed and Submitted by: DACO FIRE EQUIPMENT (Name of company) C7A F IEIER SALES (Print Name and Title) (Sig ature) Page 27 of 27 City Of Uibbock TEXAS PURCHASE ORDER TO: DACO FIRE SAFETY EQUIPMENT 201 AVENUE R P.O. BOX 5006 LUBBOCK Texas 79408 5006 Page - 1 Date - 05/12/2015 Order Number 10014012 000 OP Branch/Plant 5619 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION RAULSALAZAR 1515 EAST URSULINE LUBBOCK Texas 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Alvarez, Direc r of Purchasing & Contract Management Ordered 05/11/2015 Freight Requested 05/11/2015 Taken By G ORTIZ Delivery PER RAOL SALAZAR REQ # 45484 CONTRACT 11862 E t t Description/Supplier Item Ordered; Unit Cost UM Extension Request Date Bunker Coat _...... __ 44.000... _ ._w 1,090.0000...EA _47,960.00 05/11/2015 .__. . Bunker Pant _ _ _ _ 44.000_ '_.. _-697.0000 EA_.._ Total Order Terms NET 30 DAYS. 78,628.00 This purchase order.encumbers funds in the amount of $78,628.00 awarded to-Daco Fire Safety Equipment of Lubbock, TX on June 12, 2014: The following is incorporated into and made part of this purchase order by reference: Contract No. 11862 from Daco Fire Safety Equipment of Lubbock, TX. Resolution: 2014-RO214 CITY OF LUBBOCK GleCC'RobpAson, Mayor ATTEST: Rebe Garza, City Secretary DACO FIRE EQUIPMENT St__ __:__ . _ -:_- _ 201 AVE R PO BOX 5006 LUBBOCK, TX 79408 Phone # Fax # 8067630808 806-763-9151 Name / Address LUBBOCK, CITY OF PO BOX 2000 LUBBOCK, TX 79456 pD I60Iq 0 /a Estimate Ship To LUBBOCK FIRE DEPT. 1515 EAST URSULINE LUBBOCK, TX 79401 Date Estimate # 5/ 11 /2015 1771 Terms Rep FOB Net 30 GD Item Description Qty Rate Total LIOCVFM-32 LIOPVHM V-FORCE COAT, 32" V-FORCE PANT, HIGH -BACK, MALE CONTRACT# 11862 44 44 1,090.00 697.00 47,960.00 30,668.00 Subtotal $78,628.00 Sales Tax (0.0%) $0.00 Total $78,628.00 No Text Contmcl: 11862 Amendment: of Change Order: of CONTRACT COVER SHEET City Council Agenda: Will this item be placed on a future City Council Agenda? Yes (enter date of meeting to the right) 06i 112014 Reason for being on future agenda: Over S50.000 Required Signatures: Risk Manager: Director of Fiscal Policy: City 6ianager Direct Report: Date: Date: Date: Originating Department and Individual Responsible for Ensuring Contract Terms and Contract Compliance: Department Public Safety r Fire Name: Kelly Morman Phone Number: (806) 775-2631 Title: Deputy Chief of Support Services Information for Vendor/Contractor/Agency or Other Entity City of Lubbock is Contracting With: Name of Entity: Dacu Fire Equipment RFPIBID: 14-1 1862-KS Address: 201 Ave. R City: Lubbock State: Texas Zip: 79415 �+ Contact Name: Garrett Dobmeier Contract Signatory: Garrett Dobmeier Title: Secretary/ Treasurer Phone No.: (806) 763-0808 Fax No.: (806) 763-9151 E-mail: garrettgdacofire.com Contract Information: Effective Date: 0611212014 0 Tenn Contract of 2 End Date: 06/ 12/2016 year(s) + 3 Renewals. Brief Description of Goods or Services or arrangements covered by the terms of the contract: Contract for the fabrication and acquisition of Protective Bunker Gear Financial Information (The account information will be entered into El for payment): Cost Center/Project No: 5619 Account 8124 Phase: Cost Center: Project No: Account: Phase: Will Contract Generate Revenue: No Notice to Proceed + Choose One Original Contract Amount: Change Order No.: Change Order Amount: Will Contract be paid from grant funds: No eew- Contract Amount: Reviewed by Director of Purchasing & Contract Management: �t .y ­. - ­y� 5473,645.00 of ce+1 crc nn Date: PUR-01 (Rev 10i2012) olution No. 2014-R0214 une 12, 2014 tem No. 6.22 RESOLUTIO\` BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock., Contract No. 11862 for protective clothing for structural fire fighting, by and between the City of Lubbock and Daco Fire Equipment. and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. by the City Council on _ June 12, 2014 G C' ROBERTSON, MAYOR TTEST: Garza, City ED AS TO CONTENT: Mike Kemp, Fire C ief OVI;D AS TO FORM: Ass :eedoes.`RFS.Contract-Daco Fire Fquip 21. 2014 No Text Resolution No. 2014-RO214 Contract 11862 City of Lubbock, TX Contract for Protective Clothing for Structural Fire Fighting THIS CONTRACT made and entered into this 121h day of June, 2014, by and between the City of Lubbock ("City"), and Daco Fire Equipment, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Other Clothing Supplies and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Other Clothing Supplies. 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: In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City Other Clothing Supplies and more specifically referred to as Items 1-6 on the bid 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 procedures outlined in the Bid Form and Specifications attached hereto and Insurance required in Exhibit A. The contract shall be for a term of two year, with the option of three, one year extensions, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. 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. 6. 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. 7. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of City of Lubbock, TX BID F0104 Protective Clothing for Structural Fire Fighting In compliance with the Invitation to Bid 14-11362-KS, 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. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified. if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The invitation to Bid 14-11862-KS is by reference incorporated in this contract. The Did Form must be completed in blue or block Ink or by typewriter. UNiT OF UNIT PRICE' EXTENDED Delivery ITEM Q �Y MEASURE DESCRIPTION BiD COST Days r1R 1. 175 Each Protective coats, as specified $1 , 090.00 $190 , 750.0 75-90 herein. 2. 175 Each Protective trousers, as specified S 697.00 S 121 , 975.00 75-90 herein. J. 60 Each Outer shell, as specified herein. S S A 9 26,349�0 — 9 4. 60 Each Thermal liner and moisture $COAT 362.0 537, 920.00 75-90 barrier assemblies, as specified PANT 261.00 15, 660.00 75-90 herein. 5. 60 Each Individual thermal liners, as S S , — specified herein. PANT 136.00 8, 160.00 75-90 6. 60 Each individual moisture barriers, as SCOAr L81.S , 73-90 s ecified herein. PANS L24.0 1 7 ¢ 0.00 75-90 Total Cost (Items 1-6) S 473,645.00 OPTION: 1. 60 Each Optional individual thermal liners, ass specified herein. S Nag S Total Cost S 473 , 645.00 • PRICE: F.O.H. Destination, Freight Pre -Pali) and rkllowed "Days After Receipt of Order (ARO) Unless otherwise specified herein, the City may award the bid either item -by —item or on an all-or-ttone basis for any item or group of items shown on the bid. PAYMENT TER.ti1S AND DISCOUNTS -Bidder offers a prompt payment discount of 0 %, net34alendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Did Form, payment terms will be NET THIRTY DAYS. The City will pity 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 certiRcs 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 prod ucts/scrvices; does not include an clement of profit on the safe 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 h h.t4 si CbrcEmbt10a DODY-GUAR, Date: 5/11/2015 Sizing Page e Sheet Pge of 2 For Custom Structural (NFPA 1971) Turnout Coats and Pants Use a separate form for each coats/pants configuration. Tag Name (Optional) qty Chest Size Coat Length" Male or Female Sleeve Length (S, R, L) Hip Size Waist Size Inseam (XS, S, R, L, XL) Suspenders 1. A. Baker 1 44 32 Male R 36 L Yes 2. A. Kraft 1 44 35 Male XXL 44 XXL Yes 3. A. McCleskey 1 42 35 Male L 36 XXL Yes 4. A. Moore 1 42 32 Male R 36 L Yes 5. B. Assiter 1 44 32 Male R 40 XL Yes 6. B. Barrick 1 42 32 Male R 38 L Yes 7. B. Englund 1 38 32 Male R 34 R Yes 8. B.Ince 1 48 32 Male R 40 XL Yes 9. B. Jones 1 42 35 Male L 40 XL Yes 10. B. Rasco 1 42 35 Male L 40 XL Yes 11. B. Ross 1 42 32 Male R 44 XL Yes 12. B. Speiser 1 38 32 Male S 36 L Belt Option 13. C. Smith 1 50 32 Male R 46 R Belt Option 14. B.Stephens 1 42 32 Male R 38 R Yes 15. C. Carey 1 36 32 Male R 34 R Yes 17. C. Hurley 1 48 35 Male R 40 XXL Yes 18. C. Kemp 1 44 32 Male R 40 R Yes 19. C. McNeill 1 46 32 Male R 44 R Yes 20. C. Meloy 1 48 35 Male L 40 XL Yes 21. C. Morris 1 44 32 Male R 44 L Belt Option 22. C. Neeley 1 42 32 Male R 42 R Yes 23. C. Osborne 1 42 32 Male L 38 L Yes 24. D.Settle 1 46 35 Male R 40 XXL Yes 25. D.Smith 1 46 32 Male L 40 XXL Yes 'See model pages of price list for lengths available. Example: V-Force male coats are 32" or 35". Special Sizing Instructions: Date:5/11/2015 _ t'eovY-cu�rZaSizing Sheet PO#:_ Page of For Custom Structural (NFPA 1971) Turnout Coats and Pants Use a separate form for each coats/pants configuration. Tag Name (Optional) qty Chest Size Coat Length* Male or Female Sleeve Length S, R, L) Hip Size Waist Size Inseam (XS, S, R, L, XL) Suspenders 1. C. Staudt 1 48 35 Male XL 42 XXL Yes 2. C. Warlick 1 42 32 Male L 40 R Yes 3. C. Whitley 1 54 32 Male L 46 L Yes 4. D. Ewing* 1 60 35 Male XL 56 XL Yes 5. D. Flanigan 1 44 32 Male R 42 L Yes 6. D. Glover 1 52 35 Male L 44 XXL Yes 7. D. Oliver 1 38 32 Male S 34 R Yes 8. D. Reed 1 46 32 Male R 38 XXL Yes 9. D.Young 1 46 32 Male L 42 XXL Yes 10. D.Yowell 1 40 32 Male L 36 XXL Yes 11. 1 38 32 Male L 34 R Yes 12. 1 40 32 Male R 34 R Yes 13. 1 40 32 Male R 36 R Yes 14. 1 40 32 Male L 36 R Yes 15. 1 42 32 Male R 38 R Yes 17. 1 42 32 Male R 38 L Yes 18. 1 42 32 Male L 38 XL Yes 19. 1 44 32 Male R 42 R Yes 20. 1 46 32 Male R 44 R Yes 21. 1 50 32 Male R 44 L Yes 22. 23. 24. 25. *See model pages of price list for lengths available. Example: V-Force male coats are 32" or 35". Special Sizing Instructions: * D.Ewing with orange reflective trim package. Page 1 of 1 Geneva Ortiz - Re: RO Approval From: Robert Keinast To: Kemp, Mike; Salazar, Raul Date: 5/11/2015 1:39 PM Subject: Re: RO Approval CC: Ewing, Doyce; Ortiz, Geneva; Phelps, Lance Please accept this email as my formal approval. Thanks you, Rob Keinast Deputy Chief Lubbock Fire Rescue 1515 E Ursuline Lubbock, TX 79403 Office 806-775-2631 Cell 806-535-4156 rkeinast@mylubbock.us >>> Raul Salazar 5/11/2015 1:34 PM >>> RO # 45484 needs to be approved. This is for 44 sets of Bunker Gear (coat and pant) requested by D. Ewing. The approx. cost is $78,628 per contract # 11862. Attached is the sizing list and quote for your review. Thank you!! Raul Salazar, MPA Administrator Lubbock Fire Rescue 1515 East Ursuline Lubbock, Texas 79403 Ph: 806-775-3176 Fax: 806-775-3510 rsalazar(a)mylubbock. us Rejoice in hope, be patient in suffering and persevere in prayer. Romans 12:12 file:///C:/Users/153504/AppData/Local/Temp/XPgrpwise/5550BOF8Lubbockdorypoa 1001... 5/11/2015 Page 1 of 1 Geneva Ortiz - RO Approval From: Raul Salazar To: Keinast, Robert; Kemp, Mike Date: 5/11/2015 1:34 PM Subject: RO Approval CC: Ewing, Doyce; Ortiz, Geneva; Phelps, Lance Attachments: May 2015 PPE Order-1 Copy.pdf, May 2015 PPE Order_2 Copy.pdf, QUOTE.pdf RO # 45484 needs to be approved. This is for 44 sets of Bunker Gear (coat and pant) requested by D. Ewing. The approx. cost is $78,628 per contract # 11862. Attached is the sizing list and quote for your review. Thank you!! Raul Salazar, MPA Administrator Lubbock Fire Rescue 1515 East Ursuline Lubbock, Texas 79403 Ph: 806-775-3176 Fax: 806-775-3510 rsalazar(a)mylubbock.us �OBOC" I9U� �'. R ESC Rejoice in hope, be patient in suffering and persevere in prayer. Romans 12:12 file:///C:/Users/153 504/AppData/LocallTemp/XPgrpwise/5550AFD4Lubbockdorypoa 100... 5/11 /2015 DATE January 20, 2016 TO Rebecca Garza, City Secretary FROM Marta Alvarez, Director of Purchasing and Contract Management SUBJECT Contract 11862 The contract noted above was approved by City Council on June 12, 2014. Please note that Changer Order 1 adds a Stay Safe Extended Warranty in the amount of $13,260.80 to the original contract amount. New contract amount is $486,905.80. City of Lubbock PURCHASE ORDER 4 T E X A 5 Page - 1 Date - 01/20/2016 Order Number 10015785 000 OP 619 TO: DACO FIRE SAFETY EQUIPMENT 201 AVENUE R P.O. BOX 5006 LUBBOCK Texas 79408 5006 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION RAUL SALAZAR 1515 EAST URSULINE LUBBOCK Texas 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta A 44,,ec,of Purchasing & Contract Management Ordered 01/20/2016 Freight Requested 03/20/2016 Taken By Delivery PER R SALAZAR REQ #46782 CONTRACT 11862 S SUMMERS Description/Supplier Item Ordered Unit Cost UM Extension Request Date Bunker Coat 112.000 1,090.0000 EA 122,080.00 03/20/2016 Bunker Pant 112.000 697.0000 EA 78,064.00 03/20/2016 Stay Safe Extended Warranty 224.000 59.2000 EA 13,260.80 03/20/2016 Total Order Tetras NET 30 DAYS 213,404.80 This purchase order encumbers funds in the amount of $213,404.80 awarded to Daco Fire Safety Equipment of Lubbock, TX on June 12, 2014. The following is incorporated into and made part of this purchase order by reference Contract 11862 / Quote #1771 dated December 14, 2015 Daco Fire Safety Equipment of Lubbock, TX. Resolution #2014- R0214. CITY OF LUBBOCK ATTEST: _ Glen C. Robertso , Mayor ebecca Garza, City Secretary Seller and Buyer agree as follows: TEILYIS AND CONDITIONS INIPORT.ANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK,TX 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) Sellers name and address, (b) Consignees 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 I 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 with all 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 performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not aflerward. 5. INVOICES & PAYMENTS. a S e l t e r 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 what 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 font 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 entitiLd, 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. Ifthe 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 Sellers 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 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 warrans 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 ofsaming 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 fisted in the bid invitation, and to the sample(s) famished by the Seller, if any. 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 Seller represents and warrants fault -Bee 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 case may be from the effective date of this Contract. 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 Sellers 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. Depammenl 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 Sellers expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction nude 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 ofinfringement 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 inBingement 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 hvo weeks after the signing of this agreement. If Buyer does not receive notice and is subsegoenlly 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. NON APPROPRIATION. 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 nompproprialion of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will laminate the contract, without termination charge or other liability, on the last day of the then -anent fiscal year or when the appropriation nude 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 13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them la. 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 commits acts of bankruptcy. Such right of cancellation it in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 15. 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 tenr6nalion is in addition to and not in lieu of the rights of Buyer set forth in Clause 13. herein. 16. 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 party is unable to prevent. 17. 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 confornity with this paragraph 18. 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. 19. 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 par 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 tens 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. 20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Whereever the term -Uniform Commercial Code" is used, it shall be constmed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 21. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other party s intent to perf limn 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 22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees. against all injuries, deaths, loss, damages, claims, patent claims, 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 is 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 toss 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 agrees 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. 23. 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, 24. 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 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. 25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to. this document, this provision shall control. 26. RIGHT TO AUDIT. At any time during the lain of the contract, or 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 to the City under this Contract. In the event such an audit by the City reveals any errors or overpaymens 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. 27. HOUSE BILL 2015. Horse Bill 2015. signed by the Governor on June W, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified. (Texas Government Code Section 2155.001). 28. ASSIGNING OR SUBLETTING THE CONTRACT. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insane the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 29. HOUSE BILL 1295: DISCLOSURE OF INTERESTED PARTIES. House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires abusiness entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Section 2252.909 requires the disclosure form to he signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least SI million. Iminictions for completing, Form 1295 are available at: hup:wwwci.luhbock.mus d partmental-websucs departments purchasing vendor-intbrmation Rev. 1,'2016 Contract No: 11862 Change Order No. t BID/RFP No. 14-11862-KS City of Lubbock Purchasing and Contract Management Change Order Contractor: DACO Contract Title: Protective Clothing for Structural Fire Fighting Project Number: "Change Order" means a written order to a Contractor executed by the Owner in accordance with the contract authorizing an addition to, deletion from, or adjustment or revision of the requirements of the contract documents, or an adjustment to the compensation payable to Contractor, or to the time for performance of the contract and completion of the Project, or a combination thereof, which does not alter the nature of the thing to be constructed and is an integral part of the project objective. Adjustments to "Estimated Quantities" to a line item in a Unit Price contract do not require a Change Order. All work that alters the nature of the thins; to be constructed or that is not an integral part of the proiect objective must be let out for public bid. Description of change (alteration, deviation, addition, or deletion) caused by conditions encountered during construction not covered by the specifications and drawings of the project (attach additional pages if necessary); Change order requested to add "Stay Safe Extended Warranty Program" to bunker gear contract. This will allow the department to pursue warranty repairs on bunker gear in an effort to preserve service life and reduce budgetary replacement costs. 2. Where the Change Order is negotiated, the Change Order must be fully documented and itemized as to costs, including material quantities, material costs, taxes, insurance, employee benefits, other related costs, profit and overhead. Where certain unit prices are contained in the initial contract, no deviations are allowed in computing negotiated change order costs. ITEMIZED COSTS MUST BE FULLY DOCUMENTED AND ATTACHED TO THIS FORM. ITEM DESCRIPTION AMOUNT A. ORIGINAL CONTRACT VALUE: $473,645 B. AMOUNT OF THIS CHANGE ORDER: Council approval required iifovcr $25,00p "13 260 80 .v` COST CENTER: 5619 ACCOUNT: 8124 C. PERCENT OF CONTRACT VALUE THIS CHANGE ORDER (B/A): 2.8 % D. AMOUNT OF PREVIOUS CHANGE ORDERS: $ 0 E. TOTAL AMOUNT OF ALL CHANGE ORDERS (B+D): $ 13,260.80 F. PERCENT OF CONTRACT OF ALL CHANGE ORDERS (E/A): 25% increase 2.8 or decrease G. NEW CONTRACT AMOUNT (A+E): s486,905.80 3. It is mutually agreed that the above dollar amount and the time extension, as applicable, as set forth in this Change Order constitutes full compensation to the Contractor for all costs, expenses and damages to the Contractor, whether direct, consequential or otherwise, in anyway incident to, or arising out of or resulting directly or indirectly; from the work performed or modified by the Contractor under this Change Order. (1) C TRACTOR" Date (2) PROJECT ARCHITECT/ENGINEER Date Approved as to Content: Approved as to F rm: (3) OWNER' PREZYNTATIVE ate (4) C 0 • ` Date (1 A_ . t 1 1 (5) CAPITAL PROJECTS MANAGER Date (6) Change Orders over $25,000 require a Contract Cover Sheet and the following signatures: CITY OF LUBBOCK ATTEST: Date (7) MAYOR Date (8) CITY SECRETARY Date Council Date: Agenda Item It: Resolution 4: PUR45 (Rev 1212012) r;i' fIUUVo / uh-i DACO FIRE EQUIPMENT 201 AVE R PO BOX 5006 LUBBOCK, TX 79408 Phone # Fax # 8067630808 806-763-9151 Name / Address LUBBOCK, CITY OF PO BOX 2000 LUBBOCK, TX 79456 Ship To LUBBOCK FIRE DEPT. 1515 EAST URSULINE LUBBOCK, TX 79401 Estimate Date Estimate # 12/14/2015 1771 Terms Rep FOB Net 30 GD Item Description Qty Rate Total LIOCVFM-32 V-FORCE COAT, 32" 112 1,090.00 122,080.00 LIOPVHM V-FORCE PANT, HIGH -BACK, MALE 112 697.00 78,064.00 LIOSTAYSAFE STAY SAFE EXTENDED WARRANTY PROGRAM PER %4 ,. 59.20 r' 13,260.80 GARMENT CONTRACT# 11862 Subtotal $213,404.80 Sales Tax (0.0%) $0.00 Total $213,404.80 W-Ii�O-1� . 4NAX �6�/cal�a BODY-GUAI�D Sizing Sheet For Custom Structural (NFPA 1971) Turnout Coats and Pants Use a separate form for each coats/pants configuration. Date: 12/10/2015 PO#: T Page 1of5 Tag Name (Optional) City Chest Size Coat Length' Male or Female Sleeve Length S, R, L) Hip Size Waist Size Inseam (XS, S, R, L, XL) Suspenders 1. B. Bailey 1 38 32 Male R 34 R Suspenders 2. E. Donaho 1 44 32 Male L 38 XXL Belt Option 3. E. Scrivner 1 44 32 Male R 38 XXL Suspenders 4. G. Kaidenberg 1 42 32 Male L 40 XXL Suspenders 5. H. Neel 1 50 35 Male L 48 XXL Suspenders 6. J. Bacon 1 44 32 Male R 40 R Suspenders 7. J. Blair 1 44 35 Male L 38 XXL Suspenders 8. J. Combs 1 40 32 Male R 38 XL Belt Option 9. J. Dufek 1 42 32 Male R 38 R Suspenders 10. J. Edwards 1 44 32 Male R 40 L Sus enders 11. J. Esqueda 1 48 32 Male R 40 R Suspenders 12. J. Foerster 1 56 32 Male R 50 R Suspenders 13. J. Gonzales 1 42 32 Male R 38 R Suspenders 14. J. Guerrero 1 48 32 Male R 40 L Suspenders 15. J. Henry1 46 35 Male L 38 XXL Suspenders 17. J. Hino'osa 1 50 35 Male L 42 R Suspenders 18. J. Holdman 1 46 32 Male R 42 L Suspenders 19. J. Lester 1 48 32 Male R 42 XXL Suspenders 20. J. Matthews 1 48 32 Male L 40 XL Suspenders 21. J. McCain 1 42 32 Male R 38 L Suspenders 22. J. Meurer 1 42 32 Male R 40 L Suspenders 23. J. Newton 1 44 32 Male R 38 L Suspenders 24. J. Noble 1 40 32 Male XL 40 XL Suspenders 25. J. Solis 1 42 32 Male R 38 L Belt Option 'See model pages of price list for lengths available. Example: V-Force male coats are 32" or 35". Special Sizing Instructions: J��e BODrGu�rZU Sizing Sheet For Custom Structural (NFPA 1971) Turnout Coats and Pants Use a separate form for each coats/pants configuration. Date:12/10/2015 PO#: _ Page 2 of 5 Tag Name (Optional) City Chest Size Coati Length Male or Female Sleeve Length S, R, L) Hip Size Waist Size Inseam (XS, S, R, L, XL Suspenders 1. J. Wallace 1 48 32 Male R 40 XL Suspenders 2. J. Wheeler 1 42 32 Male R 38 XL Suspenders 3. K. Allen 1 42 32 Male L 46 XL Suspenders 4. K. Christian 1 38 32 Male R 32 L Belt Option 5. K. Cox 1 44 32 Male R 40 L Suspenders 6. K. Kelly 1 42 35 Male XL 38 XXXL Belt Option 7. Kyle Pounds 1 42 32 Male R 36 XL Suspenders 8. K. Preston 1 40 32 Male R 36 L Belt Option 9. K. Rollins 1 46 32 Male R 42 XL Suspenders 10, K. Sparks 1 44 32 Male R 42 L Belt Option 11. K. Voos 1 42 32 Male R 36 L Belt Option 12. K. Warren 1 40 32 Male R 38 L Sus enders 13. K. Wieland 1 42 32 1 Male R 40 R Suspenders 14. L. Hamilton 1 42 35 Male R 38 XL Belt Option 15. L. Oles 1 50 35 Male L 46 L Suspenders 17. L. Patterson 1 40 32 Male R 36 L Suspenders 18. L. Phelps* 1 52 32 Male R 48 L Sus enders 19. Lyle Jones 1 46 32 Male R 40 R Suspenders 20. M. Belcher 1 44 32 Male L 38 XL Belt Option 21. M. Cook 1 44 32 Male R 38 R Suspenders 22. M. Copeland 1 42 32 Male R 36 L Suspenders 23. M. Hammonds 1 42 32 Male L 36 L Suspenders 24. M. Hindman 1 42 32 Male L 40 XL Suspenders 25. M. Holeman 1 46 35 Male L 717T8 7 XL Suspenders *See model pages of price list for lengths available. Example: V-Force male coats are 32" or 35". Special Sizing Instructions: * L. Phelps with orange reflective trim package J��o BODY GUAF�D Sizing Sheet For Custom Structural (NFPA 1971) Turnout Coats and Pants Use a separate form for each coats/pants configuration. Date: 12/10/2015 PO#: Page 3 of 5 Tag Name (Optional) pty Chest Size Coat * Length Male I Female Sleeve Length S R L Hip Size Waist Size Inseam VS, S, R, L XL) Suspenders 1. M. Lewis* 1 48 32 Male R 42 XXL Suspenders 2. M. McGinnis 1 44 35 Male XL 40 XL Suspenders 3. M. Park 1 42 32 Male R 34 L Suspenders 4. M. Westfall 1 40 32 Male R 38 L Suspenders 5. N. Klatt 1 46 35 Male L 38 XXL Belt Option 6. R. Brown 1 46 32 Male L 42 XL Suspenders 7. R. Christopher 1 42 32 Male R 38 L Belt O tion 8. R. Coe 1 50 35 Male R 42 XXL Suspenders 9. R. D ess 1 40 32 Male L 36 XL Suspenders 10. 1 42 32 Male L 40 L Suspenders 11. R. Garza 1 48 32 Male L 46 XL Suspenders 12. R. Keinast** 1 44 35 Male L 38 XL Suspenders 13. R. Potter 1 38 32 Male R 36 R Suspenders 14. Ryan Lindsey 1 36 32 Male R 36 L Suspenders 15. S. Fo erson*** 1 42 32 Male R 40 L Suspenders 17, S. Fo o 1 42 32 Male R 38 L Suspenders 18. S. Hohbein 1 42 35 Male L 36 XXL Sus enders 19. S. Nesbitt 1 44 32 Male R 42 L Suspenders 20. S. Yocham 1 44 32 Male R 40 XL Suspenders 21. S. Odorizzi 1 44 32 Male R 40 XXXL Suspenders 22. T. Blackwell 1 50 32 Male R 46 L Belt Option 23. T. Burrow 1 42 32 Male L 42 XXL Suspenders 24. T. Cox 1 46 32 Male R 42 L Suspenders 25. T. Ezell 1 38 32 Male R 34 L Belt Option *See model pages of price list for lengths available. Example: V-Force male coats are 32" or 35". Special Sizing Instructions: * M Lewis with orange reflective trim package ** R. Keinast with orange reflective trim package *** S. Fogerson with orange reflective trim package JaIY. RW eo�r cunr�D Sizing Sheet For Custom Structural (NFPA 1971) Turnout Coats and Pants Use a separate form for each coats/pants configuration. Date: 12/10/2015 PO#: _ Page 4 of 5 Tag Name (Optional) Qty Chest Size Coat Length* Male or Female Sleeve Length (S, R, L) Hip Size Waist Size Inseam VS, S, R, L, XL Sus Suspenders p 1. T. Guerrero ` 1 48 32 Male R 42 R Suspenders 2. T. Hawthorne 1 36 32 Male R 34 R Suspenders 3. T. Jordan 1 46 35 Male R 44 L Suspenders 4. T. Lawler 1 42 32 Male R 38 L Suspenders 5. T. Maxson 1 46 32 Male R 40 XL Suspenders 6. T. Sheppard 1 42 32 Male R 38 R Suspenders 7. T. Simants 1 46 32 Male R 40 L Suspenders 8. T. Smith 1 44 32 Male R 38 R Suspenders 9. T. Wood 1 52 35 Male L 42 XL Suspenders 10. Tanner Pounds 1 44 32 Male R 40 L Suspenders 11. Z. Dicken 1 42 35 Male L 36 L Suspenders 12. J. Huffhines 1 40 32 Male S 36 L Suspenders 13. J. Bond 1 48 35 Male L 40 XL Suspenders 14. R. Garcia 1 42 32 Male S 42 R Suspenders 15. M. Caldwell 1 42 32 Male R 40 L Suspenders 17. B. Bouffard 1 40 32 Male R 38 L Suspenders 1 B. K. Reeves 1 40 32 Male L 36 L Suspenders 19. L. Luna 1 44 32 Male R 42 R Suspenders 20. C. Carter 1 52 35 Male L 46 XL Suspenders 21. T. Henderson 1 40 32 Male R 36 L Suspenders 22. J. Johnson 1 42 32 Male R 38 L Suspenders 23. D. Bilberry 1 38 32 Male R 36 L Suspenders 24. J. Ochoa 1 38 32 Male R 36 R Suspenders 25. P. Cockerell 1 42 32 Male R 38 XL Suspenders `See model pages of price list for lengths available. Example: V-Force male coats are 32" or 35". Special Sizing Instructions: * T. Guerrero with orange reflective trim package. JGL1wtwaunK�, Sizing Sheet For Custom Structural (NFPA 1971) Turnout Coats and Pants Use a separate form for each coats/pants configuration, Date: 12/10/2015 PO#: Page 5 of 5 Tag Name (Optional) qty Chest Size Coat Length* Male le Female Sleeve Length (S, R, L) Hip Size Waist Size Inseam VS, S, R, L, XL) Suspenders 1. M. Bennett 1 44 32 Male R 40 R Suspenders 2. J. Sutherland 1 42 32 Male R 38 L Suspenders 3. J. Lenox 1 46 32 Male R 42 XL Suspenders 4. Z. Grothusen 1 40 32 Male R 38 XL Suspenders 5, 1 38 32 Male R 38 L Suspenders 6. 1 40 32 Male L 40 L Suspenders 7. 1 42 32 Male L 40 XL Suspenders 8. 1 44 32 Male R 42 L Suspenders 9. 1 44 32 Male L 44 R Suspenders 10. 1 46 32 Male L 44 L Suspenders 11. 1 48 32 Male XL 46 L Suspenders 12. 1 50 35 Male L 48 L Suspenders 13. 1 52 35 Male L 48 XL Suspenders 14. 1 42 32 Male R 46 R Suspenders 15. 1 46 32 Male XL 38 XXL Suspenders 17. 1 36 32 Male R 36 XL Suspenders 18. 19. 20, 21, 22. 23. 24. 25. 'See model pages of price list for lengths available. Example: V-Force male coats are 32" or 35". ♦ PUkAdl JlLllly IIRlUUVLIVIM. Division Chief Doyce Ewing 1515 E. Ursuline St. Lubbock, TX. 79403 (806) 775-3179 Re: Lubbock Fire Rescue December 2015 Turnout Order December 14, 2015 Dear Sir(s), Please consider this letter as confirmation regarding Lubbock Fire Rescue's wishes to utilize the Armor AP Gold® outer shell material for the turnout gear order of 112 ensembles in December 2015. Please don't hesitate to contact me should any questions arise. ;Doe rely, C Ewing CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 OFFICE USE ONLY Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-2633 Nardis Public Safely Kilgore, TX United States Date Filed: 01/12/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 416-12 / PO 10015747 Public Safety Uniforms 4 Nature of interest (check applicable) Name of Interested Party City, State, Country (place of business) Controlling Intermediary Smith, Diane Wiatrek Kilgore, TX United States X Thurmon, Greg Kilgore, TX United States X Thurmon, Jack Kilgore, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. qP Y P 9 RUBY A HAVINS r NOTARY PUBLIC * STATE OF TEXAS oF��y MyCam. Expires 06-30-2017 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said �l C{`j � A if LZ 0 H—, this the /C;Z1 day ofj44G[.1 ,-4,!�, 20_Z__k_, to certify which, witness my hand and seal of office. skjPWe of officer administering oath Printed name of Ifficer administering oath Title of officer ad inistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34032 CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-2633 Nardis Public Safefy Kilgore, TX United States Date Filed: 01/12/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Texas Date Acknowledged: 01/12/2016 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 416-12 / PO 10015747 Public Safety Uniforms 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Smith, Diane Wiatrek Kilgore, TX United States X Thurmon, Greg Kilgore, TX United States X Thurmon, Jack Kilgore, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34032 0 City of Lu440-bbock Texas PURCHASE ORDER Page - 1 Date - 12/29/2016 Order Number 10017479 000 OP 19 TO DACO FIRE SAFETY EQUIPMENT 201 AVENUE R PO BOX 5006 LUBBOCK Texas 79408 5006 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION RAULSALAZAR 1515 EAST URSULINE LUBBOCK Texas 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: t z, D c r of Purchasing & Contract Management Ordered 12/29/2016 Freight Requested 01/15/2017 Taken By K MCAVOY Delivery PER R SALAZAR REQ #49105 CONTRACT #11862 Description/Supplier Item Ordered Unit Cost UM Extension Request Date Bunker Coat 89.000 1,090.0000 EA 97,010.00 01/15/2017 Bunker Pant 89.000 697.0000 EA 62,033.00 01/15/2017 Stay Safe Extended Warranty 178.000 59.2000 EA 10,537.60 01/15/2017 Total Order Terms NET 30 DAYS 169,580.60 This purchase order encumbers funds in the amount of $169,580.60 awarded to Daco Fire Safety Equipment of Lubbock, TX on June 12, 2014. The following is incorporated into and made part of this purchase order by reference: Contract 11862 / Quote 2359 dated December 15, 2016 from Daco Fire Safety Equipment of Lubbock, TX. Resolution #2014-R0214. CITY OF LUBBOCK Daniel M. Pope, Mayor ATTEST: 'P �" IV , Z- N' — Reb t Garza, City Secreta Seller and Buyer agree as follows: TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX L 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 name 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 with all 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 performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. S e 11 e r 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 viciation 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 sample(s) furnished by the Seller, if any. 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 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 case may be from the effective date of this Contract. 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 made by Buyer will be at the Seller's expense. I L 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 Gable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the Wte. 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 Gable 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. NON APPROPRIATION. 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 nomppropriation 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 far the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds we 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. 13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. portion of this order if 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 in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 15. 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 14, herein. 16. 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 party is unable to prevent. 17. 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. 18. 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. 19.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 defned by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Whereever 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. 21. RIGHT TO ASSURANCE. Whenever one 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 and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, 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 costs and other expenses arising therefrom of incurred in connectiontherewith, 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 agrees 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. 23. 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. 24. 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 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. 25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 26. RIGHT TO AUDIT. At any time during the term of the contract, or 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 Contractots records and books relevant to all services provided to the City 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 ofsuch 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. 27. HOUSE BILL 2015. House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to pmperly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified. (Texas Government Code Section 2155.001). 28. ASSIGNING OR SUBLETTING THE CONTRACT. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 29. HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Instructions for completing Form 1295 are available at: htt ://%"m.cLIubbock.tx.us/d artmental-websitm,''d anmental urchasin Ivendor-information 30. CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaim any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terns and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terns shall be of m force or effect. Rev. 7/2016 14. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered DACO FIRE EQUIPMENT 201 AVER PO BOX 5006 LUBBOCK, TX 79408 Phone # Fax # 8067630808 806-763-9151 Name / Address LUBBOCK, CITY OF PO BOX 2000 LUBBOCK, TX 79456 Ship To LUBBOCK FIRE DEPT. 1515 EAST URSULINE LUBBOCK, TX 79401 Estimate Date Estimate # 12/15/2016 2359 Terms Rep FOB Net 30 GD Item Description Qty Rate Total LIOCVFM-32 LIOPVI-1M LIOSTAYSAFE V-FORCE COAT, 32" V-FORCE PANT, HIGH -BACK, MALE STAY SAFE EXTENDED WARRANTY PROGRAM G-I 1-TI-I 89 89 178 1,090.00 697.00 59.20 97,010.00 62,033.00 10,537.60 Subtotal $169,580.60 Sales Tax (0.0%) $0.00 Total $169,580.60 Date: 12/6/2016 Sizing Sheet PO#: Page 1 of 4 For Custom Structural (NFPA 1971) Turnout Coats and Pants Use a separate form for each coats/pants configuration. Tag Name (Optional) Qty Chest Size Coat Length` Male or Female Sleeve Length (S R, L) Hip Size Waist Size Inseam (XS, S, R, L, XL) Suspenders _ IL 1, A. Aldape 1 36 32 Male R 32 R Suspenders �2. A. Basquez 1 46 32 Male R 38 L Suspenders 3. A.Smith 1 50 32 Male L 46 XL Suspenders 4. B. Cothran 1 46 32 Male R 40 XL Belt option 5. B. Dowdy 1 40 32 Male R 36 L Belt option 6. B. Long 1 44 32 Male R 38 XL Suspenders 7. B. Robinette 1 38 32 Male R 36 L Belt option 8. B. Scott 1 42 32 Male L 36 XL Suspenders 9. C. Crump 1 42 32 Male R 38 R Belt option .10. C. Dawkins 1 44 32 Male L 38 XL Suspenders I` 11. C. Ford 1 42 32 " Male R 36 R Suspenders a 12. C. Holt 1 48 32 Male S 42 L Suspenders .13. C. Longmire 1 42 32 Male L 38 XL Suspenders 14. C. Norman 1 42 32 Male L 38 XXL Belt option 15. C. Kattner 1 48 32 Male R 42 XL Suspenders a 17. C. Powell 1 44 32 Male R 40 XL Suspenders ' 18. C. Ross 1 50 32 Male XL 44 XXL Belt option 19. C. Turner 1 48 32 Male XL 44 XXL Belt option 20. Cory Buck 1 42 32 Male R 38 L Suspenders 21. D. Brown 1 40 32 Male R 34 R Suspenders 22. D. Buxkeniper 1 44 32 Male L 40 XL Belt option 23. D. Fish 1 44 32 Male R 34 XL Belt option 24. D. Harris 1 48 32 Male R 42 L Belt option 25. D. Provence 1 46 32 Male R 42 R Belt option "See model pages of price list for lengths available. Example: V-Force male coats are 32" or 35". Special Sizing Instructions: tq 130f& G1j Ajq) Date: 12/6/2016 Sizing Sheet PO#: Page 2 of 4 For Custom Structural (NFPA 1971) Turnout Coats and Pants Use a separate form for each coats/pants configuration. Tag Name (Optional) Qty Chest Size Coat Length* Male or Female Sleeve Length (S, R, L) Hip Size Waist Size Inseam (XS, S, R, L, XL Suspenders 1. D. Rivera 1 42 32 Male L 34 L Suspenders 2. D. Salas 1 46 32 Male R 40 XL Belt option 3. N. Angerer 1 44 32 Male L 42 XL Suspenders 1 5. K. Goldston 1 46 32 Male L 44 XL Belt option 6. G. Haynes 1 46 35 Male L 40 XL Suspenders 7. G. Mendoza 1 48 32 Male R 44 R Belt option 8. J. Browning 1 44 32 Male R 42 R Suspenders _ 9. J. Dawkins 1 42 32 Male R 40 XXL Suspenders 10. J. Goodlett 1 42 1 32 Male R 40 XL Suspenders 11. J. Oldham 1 44 35 Male L 38 XL Suspenders 12. J. Parkinson 1 44 32 Male R 40 L Suspenders 13. J. Polly 1 46 32 Male R 40 XXL Suspenders 14. J. Rowin 1 44 32 Male R 42 L Suspenders 15. J. Scott 1 40 32 Male R 36 L Suspenders 17, J. Wells 1 42 35 Male L 40 XL Belt option 18. J. Whitefield 1 42 32 Male R 38 XL Suspenders 19. R. Lammons 1 42 32 Male L 40 L Belt option 20. J. Smith 1 36 32 Male R 34 L Suspenders 21. Jasper Smith 1 46 32 Male L 40 L Suspenders 22. K. Bailey 1 42 32 Male R 40 R Suspenders 23. K. Davis 1 40 32 Male R 36 L Belt option 24. T. Singletary 1 48 35 Male XL 38 XXL Belt option 25. W. Sarchet 1 48 32 Male L 40 XL Suspenders *See model pages of price list for lengths available. Example: V-Force male coats are 32" or 35". Special Sizing Instructions: E. Meunier with orange reflective trim package. No Text Date: 12/6/2016 Sizing Sheet Po#: Page 3 of 4 For Custom Structural (NFPA 1971) Turnout Coats and Pants Use a separate form for each coats/pants configuration. Tag Name (Optional) Qty Chest Size Coat Length* Male or Female Sleeve Length (S, R, L) Hip Size Waist Size Inseam (XS, S, R, L, XL) Suspenders 1. L. Stephenson 2. M. Dalby 1 1 42 42 32 32 Male Male R L 38 40 XL L Suspenders Suspenders 3. M. Davis 1 44 32 Male R 40 L Belt option 4. M. Fraga 1 46 32 Male R 42 XL Belt option 5. M. Haggard 1 44 32 Male R 38 L Suspende-rs 6. M. Hixson 1 42 32 Male R 42 R Belt option M. Laxson 1 42 32 Male R 36 L Suspenders _7 188..—M. Phillips i 9. N. Gutschke 1 1 46 46 32 32 Male Male R R 42 40 XL L Belt option Suspenders 10. T. Rowin 1 44 32 Male L 42 L Suspenders i 11. R. Dudzic 1 44 32 Male R 42 L Suspenders 12. R. Hale 1 42 32 Male R 38 XL Suspenders 13. R. Murphy 1 54 32 Male R 50 L Suspenders 14. S. Foote 1 42 32 Male R 38 R Belt option 15. S. Harris 1 40 32 Male R 36 R Suspenders 17. S. Horton 1 44 32 Male R 42 R Suspenders 18. S. Hudson 1 44 32 Male R 40 R Belt option 19. S. Nelson 1 44 32 Male L 42 L Suspenders 20. T. Bouffard 1 40 32 Male S 34 L Suspenders 21. T. Distel 1 46 32 Male R 38 R Suspenders 22. T. Hall 1 46 32 Male XXL 42 XXL Belt option 23. P. Fillman 1 42 32 Male XXL 46 XL Suspenders 24. T. Lytle 1 40 32 Male R 38 R Suspenders 25. M. Fischer 1 46 32 Male L 46 R Suspenders *See model pages of price list for lengths available. Example: V-Force male coats are 32" or 35". apvuldl a[cnml nistrucuuns: Date: 12/6/2016 Sizing Sheet PO#: Page 4 of 4 For Custom Structural (NFPA 1971) Turnout Coats and Pants Use a separate form for each coats/pants configuration. Tag Name (Optional) Qty Chest Size Coat Length" Male or Female Sleeve Length (S, R, L) Hip Size Waist Size Inseam (XS, S, R, L, XL) Suspenders 1. J.Forkner 1 40 32 Male L 38 R Suspenders 2. C. Wishkaemper 1 44 32 Male L 38 R Suspenders 3. J. Kruczek 1 44 32 Male L 38 R Suspenders 4. J. Webb 1 40 32 Male L 38 R Suspenders 5. D.Hines 1 36 32 Male R 34 R Suspenders 6. I. Mounce 1 40 32 Male L 38 R Suspenders 7. J. Welch 1 40 32 Male R 36 R Suspenders 8. D. Allison 1 36 32 Male L 34 R Suspenders 9. W. Brendle 1 38 32 Male R 32 R Suspenders 10. Z. Mize 1 40 32 Male R 38 R Suspenders 11. 1 36 32 Male L 34 R Suspenders 12. 1 42 32 Male L 38 R Suspenders 13. 1 38 32 Male R 36 R Suspenders 14. 1 40 32 Male R 38 R Suspenders 15, 1 40 32 Male L 38 R Suspenders 17. 1 36 32 Male L 32 R Suspenders 18. 1 40 32 Male R 36 R Suspenders 19. 1 40 32 Male R 36 R Suspenders 20. 21. 22. 23. 24. 25. `See model pages of price list for lengths available. Example: V-Force male coats are 32" or 35". Special Sizing Instructions: ApB OO { �a Division Chief Doyce Ewing 1515 E. Ursuline St. Lubbock, TX. 79403 (806) 775-3179 Re: Lubbock Fire Rescue December 2016 Turnout Order December 14, 2016 Dear Sir(s), Please consider this letter as confirmation regarding Lubbock Fire Rescue's wishes to utilize the Armor AP Gold® outer shell material for the turnout gear order of 90 ensembles in December 2016. Please don't hesitate to contact me should any questions arise. Additionally, it is our intention to utilize the Lion Gear StaySafe program for the new turnout gear as well. Sincerely, Doyce Ewing 4 lkkftp�- City of Lubbock TEXAS PURCHASE ORDER TO: DACO FIRE SAFETY EQUIPMENT PO BOX 5006 201AVER LUBBOCK Texas 79456 642111 •11 Page - 1 Date - 09/27/2017 Order Number 10018997 000 OP BIMIctepimit 5619 CITY OF LUBBOCK CENTRAL FIRE STATION RAULSALAZAR 1515 EAST URSULINE LUBBOCK Texas 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 Marta Alvarez, Difector of Purchasing & Contract Management Ordered 09/27/2017 Freight Requested 10/27/2017 Taken By S SUMMERS Delivery PER R SALAZAR REQ #50886 CONTRACT 11862 Description/Supplier Item Ordered Unit Cost UM Extension Request Date V Force Coat, LIOCVFM-32 71.000 1,090.0000 EA 77,390.00 10/27/2017 V Force Pant, LIOPVHM 71.000 697.0000 EA 49,487.00 10/27/2017 Stay Safe Warranties 142.000 59.2000 EA 8,406.40 10/27/2017 Total Order Terms NET 30 DAYS 135,283.40 This purchase order encumbers funds in the amount of $135,283.40 awarded to Daco Fire Equipment of Lubbock, TX on June 12, 2014. The following is incorporated into and made part of this purchase order by reference: ITB 14-11862-KS dated May 13, 2014 from Daco Fire Equipment of Lubbock, TX. Resolution #2014-R0214 CITY OF LUBBO Daniel M. Pope, Mayor ATTEST: P�" , . A---) Rebe a Garza, City Secretary Seller and Buyer agree as follows: TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX 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 name 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 I of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost ofpackaging 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 ofgoods. 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 with all provisions ofthis 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 performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. S e I I e r 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 ofthe 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 ofthe 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 sample(s) furnished by the Seller, if any. 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 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 case may be from the effective date of this Contract. 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 made 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 accordarce with the specifications attached to this agreement will give rise to the rightful claim of any third person by way 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 ofthe like. If Seller is ofthe 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 ofthis 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 ofthe goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 12. NON APPROPRIATION. 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 ofthe 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 yearor when the appropriation made forthe then -current year for the goods or services covered by this contract is spent, whichever event occurs lust. If at any time funds are not appropriated for the continuance ofthis 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 13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them portion ofthis order if Seller breaches anyofthe terms hereof including 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. 15. 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 ofthe rights of Buyer set forth in Clause 14, herein. 16. 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 party is unable to prevent. 17. 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 18. WAIVER No claim or right arising out of a breach ofthis contract can be discharged in whole or in par 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. 19.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 par 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 tents 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. 20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Whereever the term "Uniform Commercial Code" is used, it shall be constmed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date ofthis agreement. 21. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other pary'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 ofthe contract. 22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, 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 costs and other expenses arising therefrom of inured in connection therewith, and, if anyjudgment 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 agrees 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. 23. 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 ofthis agreement. 24. 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 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. 25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 26. RIGHT TO AUDIT. At any time during the term of the contract, or 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 to the City 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. 27. HOUSE BILL 2015. House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized 5200 for each individual that has been misclassified. (Texas Government Code Section 2155.001). 28. ASSIGNING OR SUBLETTING THE CONTRACT. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 29. HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entityorstate agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Instructions for completing Form 1295 are available at: htt :J?sysv v.ci.lubbock.tx.uside artmental-websites/d artments/ urchmin lvendor-inforrration 30. CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terns and conditions and any terns and conditions provided by the Contractor, the terns and conditions provided herein shall prevail. The tents and conditions provided herein are the final terns agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. Rev. 7:1016 14. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered DACO FIRE EQUIPMENT 201 AVE R PO BOX 5006 LUBBOCK, TX 79408 Phone # Fax # 8067630808 806-763-9151 Name / Address LUBBOCK, CITY OF PO BOX 2000 LUBBOCK, TX 79456 Ship To LUBBOCK FIRE DEPT. 1515 EAST URSULINE LUBBOCK, TX 79401 Estimate Date Estimate # 9/20/2017 3156 Terms Rep FOB Net 30 GD Item- " .Description Qty Rate Total LIOCVFM-32 V-FORCE COAT, 32" 71 1,090.00 77,390.00 LIOPVHM V-FORCEPANT'HIGH-BACK MALE 71 697.00 49,487.00 LIOSTAYSAFE STAY SAFE EXTENDED WARRANTY PROGRAM 142 59.20 8,406.40 :CONTRACT# 11862 Subtotal Sales Tax (0.0%) Total $135,283.40 $0.00 $135,283.40 'A tar r BODY-cr,AR Date: 9/5/2017 Sizing Sheet Page 1 of 3 For Custom Structural (NFPA 1971) Turnout Coats and Pants Use a separate form for each coats/pants configuration. Tag Name (Optional) Qty Chest Size Coat Length" Male or Female Sleeve Length (S, R, L) Hip Size Waist Size Inseam (XS, S, R, L, XL) Suspenders 1. C. Chance 1 44 32 Male R 36 XL Suspenders 2. Landon Phelps 1 42 32 Male R 36 L Belt Option 3. A. Morton 1 42 32 Male R 38 S Suspenders 4. C. Cowart 1 40 32 Male R 38 XXL Suspenders 5. Chris Banks 1 48 32 Male R 40 XXL Suspenders 6. P. Woodruff 1 40 32 Male R 38 R Suspenders 7. J. Faubus 1 42 32 Male XL 36 XXL Belt Option 8. J. Bobo 1 46 32 Male L 40 XL Belt Option 9. T. Rather 1 40 32 Male R 36 L Belt Option 10. T.J. Pounds 1 44 32 Male R 42 L Suspenders 11. Matt Dawson 1 46 32 Male L 40 XL Belt Option 12. C. Hernandez 1 50 32 Male R 44 L Suspenders 13. C. Glenn 1 44 35 Male L 42 XXL Belt Option 14. T. Alonzo 1 48 32 Male R 48 L Belt Option 15. M. Parkinson 1 44 32 Male L 38 XL Suspenders 17. J. Weaver 1 50 32 Male L 48 XL Suspenders 18. M. Harre 1 50 32 Male L 44 XL SR845 Sus 19. P. Killman 1 42 32 Male L 40 XL Suspenders 20. J. Todd 1 48 32 Male L 48 L Suspenders 21. Michael Dawson 1 44 32 Male R 40 XL Belt Option 22. J. Rhodes 1 44 32 Male R 40 R Belt Option 23. D. Bell 1 42 32 Male R 38 XL Belt Option 24. M. Vineyard 1 48 32 Male R 46 XL Suspenders 25. "See model pages of price list for lengths available, Example: V-Force male coats are 32" or 35". apeciai aizing instructiuns: M. Harre needs long suspenders 11A BODY-GZiAR,,Q Sizing Sheet For Custom Structural (NFPA 1971) Turnout Coats and Pants Use a separate form for each coats/pants configuration. Date: 9/5/2017 PO#: Page 2 of 3 Tag Name (Optional) Qty Chest Size Coat Length` Male or Female Sleeve Length (S, R, L) Hip Size Waist Size Inseam (XS, S, R, L, XL) Suspenders 1. A. Payne 1 44 32 Male R 42 L Suspenders 2. E. Eckstein 1 40 32 Male L 36 XL Suspenders 3. T. Austin 1 44 32 Male R 38 R Suspenders 4. C. West 1 40 32 Male L 38 L Suspenders 5. W. McDowell 1 44 32 Male R 38 L Suspenders 6. M. Couch 1 40 32 Male R 34 L Belt Option 7. Kevin Pounds 1 44 32 Male L 38 XXL Suspenders 8. B. Brady 1 48 32 Male L 42 XL Belt Option 9. K. Vaughn 1 42 32 Male L 38 R Suspenders 10. C. Garza 1 42 32 Male R 38 R Suspenders 11. T. Vaughn 1 46 32 Male L 42 XL Belt Option 12. Joe Solis 1 42 32 Male R 36 R Suspenders 13. T. Harendt 1 42 32 Male R 36 L Suspenders 14. N. Sells 1 46 32 Male R 42 XL Suspenders 15. S. Hawthorne 1 46 32 Male R 42 XL Suspenders 17. S. Strawn 1 40 32 Male R 36 R Belt Option 18. S. Whorton 1 40 32 Male R 36 XL Suspenders 19. P. Grandon 1 44 32 Male L 38 L Suspenders 20. J. Appleton 1 42 32 Male R 34 L Suspenders 21. Cody Buck 1 44 32 Male R 42 L Suspenders 22. L. Wright 1 44 32 Male R 40 L Suspenders 23. T. Trout 1 42 32 Male R 38 XL Suspenders 24. C. Nelson 1 48 32 Male R 42 L Belt Option 25. T. Hysinger 1 46 32 Male R 40 XL Suspenders `See model pages of price list for lengths available. Example: V-Force male coats are 32" or 35". apvuiai along mstrucnuns: Jwfiw f t BODY Date:9/5/2017 _ _ Sizing Sheet PO#: Page 3 of 3 For Custom Structural (NFPA 1971) Turnout Coats and Pants Use a separate form for each coats/pants configuration. Tag Name (Optional) Qty Chest Size Coat Length* Male or Female Sleeve Length (S, R, L) Hip Size Waist Size Inseam (XS, S, R, L, XL) Suspenders 1. D. Cooper 1 44 32 Male R 38 R Suspenders 2. B. Ball 1 46 32 Male R 44 L Suspenders 3. D. Stephens 1 44 32 Male R 38 S Belt Option 4. R. Brazil 1 44 32 Male R 36 L Belt Option 5. S. Meyer 1 48 32 Male L 48 L Belt Option 6. K. Kitten 1 50 32 Male R 42 L Belt Option 7. Coy Johnson 1 38 32 Male R 34 R Suspenders 8. J. Koontz 1 42 32 Male R 40 R Belt Option 9. H. Brewer 1 44 32 Male R 40 R Belt Option 10. J. Williams 1 42 32 Male R 38 L Belt Option 11. M. Gass 1 40 32 Male L 36 XL Suspenders 12. J. Tyson 1 44 32 Male R 42 L Suspenders 13. Reid Lindsey 1 38 32 Male R 36 L Suspenders 14. S. Richolson 1 44 32 Male R 40 R Belt Option 15. J. Hawthorne 1 44 32 Male R 38 XL Belt Option 17. K. Boman 1 36 32 Male R 34 S Suspenders 18. J. Mills 1 36 32 Male R 34 R Suspenders 19. J. Buck 1 40 32 Male R 38 L Suspenders 20. E. Hill 1 40 32 Male R 38 L Belt Option 21. R. Tyson 1 48 32 Male XL 42 XL Suspenders 22. B. Gross 1 50 32 Male XL 42 XL Belt Option 23. B. Taylor 1 40 32 Male R 36 R Suspenders 24. D. Holdman 1 40 32 Male L 40 L Belt Option 25. J. White 1 44 32 Male R 36 L Suspenders *See model pages of price list for lengths available. Example: V-Force male coats are 32" or 35". apeciai sizing mstrucnons: ,�pB OC r l l September 22nd, 2017 Subject: Lubbock Fire Rescue Fall 2017 Turnout Order To Who it may concern: Please consider this letter as confirmation regarding Lubbock Fire Rescue's wishes to utilize the Armor AP Gold outer shell material for the turnout gear order of 71 ensembles in September 2017. Please don't hesitate to contact me should any questions arise. Additionally, it is our intention to utilize the Lion Gear StaySafe program for the new turnout gear as well. Best regards, Michael Lewis, Division Chief City of Lubbock Purchasing and Contract Management Change Order Contract No: 11862 Contractor: DACO Change Order No. 4 Contract Title: Protective Clothing for Structural Fire Fighting Project Number: Contractor executed by the Owner in accordance with the contract authorizing an revision of the requirements of the contract documents, or an adjustment to the the time for performance of the contract and completion of the Project, or a nature of the thing to be constructed and is an integral part of the project objective. 1e item in a Unit Price contract do not require a Change Order. All work that alters , addition, or deletion) caused by conditions encountered during construction igs of the project (attach additional pages ifneeessary): "Stay Safe Extended Warranty Program" to bunker gear iartment to pursue warranty repairs on bunker gear in an d reduce budgetary replacement costs. ;e Order must be fully documented and itemized as to costs, including material yee benefits, other related costs, profit and overhead. Where certain unit prices are allowed in computing negotiated change order costs. A. ORIGINAL CONTRACT VALUE: B. AMOUNT OF THIS CHANGE ORDER: Council approval required ifover S25,000 COST CENTER: 5679 ACCOUNT: 6124 C. PERCENT OF CONTRACT VALUE THIS CHANGE ORDER (B/A): D. AMOUNT OF PREVIOUS CHANGE ORDERS: E. TOTAL AMOUNT OF ALL CHANGE ORDERS (B+D): F. PERCENT OF CONTRACT OF ALL CHANGE ORDERS (E/A): 25% increase or decrease G. NEW CONTRACT AMOUNT (A+E): OUNT $ 473,645 1.77 ✓ / % $26284.80 I/ $34691.20 7.324 i % $508,336.2011 3. It is mutually agreed that the above dollar amount and the time extension, as applicable, as set forth in this Change Order constitutes full compensation to the Contractor for all costs, expenses and damages to the Contractor, whether direct, consequential or otherwise, in anyway incident to, or arising out of or resulting directly or indirectly; from the work performed or modified by the Contractor under this Change Order. (I)CONTRACTOR (2) PROJECT ARCHITECTIENGINEER Approved as to ont Approved as to Form: (3) OWNER'S REPRESEN TIVE atD e'(4 ITY A ORNEY (5) CAPITAL PROJECTS MANAGER Date (6) UACh4S9G AND C TRACT MANAGER Change Orders over S25,000 require a Contract Cover Sheet and the following signatures: CITY OF LUBBOCK ATTEST: (7) MAYOR Date (8) CITY SECRETARY Council Date: Agenda Item #: Resolution #: Date DSEP 2 5 2011 Date Date PUR-45 (Rev I2/2012)