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HomeMy WebLinkAboutAFECO Inc dba Fire Etc; 2018-10-04;City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 2 TO EXTEND AND AMEND MASTER PURCHASE AGREEMENT FOR WILDLAND FIRE PROTECTIVE GARMENTS BETWEEN THE CITY OF CARLSBAD ON ITS OWN AND FOR THE BENEFIT OF PARTICIPATING AGENCIES AND AFECO INC., DBA FIRE ETC. This Amendment No. 2 is entered into and effective as of the _______ day of ___________________________, 20___, extending and amending the agreement dated October 4, 2018 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and AEFCO Inc., dba Fire Etc., (“Contractor") (collectively, the “Parties”) for the purchase of wildland fire protective garments. RECITALS A. On October 4, 2018, the Parties executed a Master Purchase Agreement for the purchase of wildland fire protective garments; and B. On October 7, 2019, the Parties executed Amendment No. 1 to extend the Agreement one (1) year and increase the fee schedule; and C. The Parties desire to extend the Agreement for a period of one (1) year; and D. The Parties have negotiated and agreed to an increased fee schedule, which is attached to and incorporated in by this reference as Exhibit “A”, Garment & Option Renewal Prices Renewal #2 for the renewal period of October 4, 2020 through October 3, 2021. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services and products as described in Exhibit "A". 2. City will pay Contractor for all work associated with those services and products per unit pricing as described in Exhibit “A” in an amount not-to-exceed one hundred thousand dollars ($100,000) per year. 3. The prices for the garments and options listed in Exhibit “A” will remain in effect October 4, 2020 through October 3, 2021. 5. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 6. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// DocuSign Envelope ID: AC52D0C0-9A51-46FC-8520-663BFD866A69 5th 20October City Attorney Approved Version 1/30/13 2 The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Scott Chadwick, City Manager or Mayor or Director David Duea, President (print name/title) ATTEST: By: (sign here) for BARBARA ENGLESON Scott Estrada, Vice President City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: AC52D0C0-9A51-46FC-8520-663BFD866A69 City Attorney Approved Version 1/30/13 3 EXHIBIT “A” City of Carlsbad Bid No. 18-03 GARMENT & OPTION RENEWAL PRICES – RENEWAL #2 Base Garment Size Jacket Pant Waist Size Inseam Size 6.0 oz. Nomex IIIA XS-XL $237.50 $208.36 28-42 28-34 2XL $249.50 $219.33 44-46 28-34 3XL $262.60 $239.40 48-50 28-34 4XL $276.12 $263.12 52-54 28-34 Inseam 36+ add 5% per each 2” Outer Shell Armor AP 5.5 Size Jacket Pant Waist Size Inseam Size XS-XL $301.73 $287.00 28-42 28-34 2XL $316.61 $303.00 44-46 28-34 3XL $334.00 $319.11 48-50 28-34 4XL $350.92 $335.90 52-54 28-34 Inseam 36+ add 5% per each 2” Tecasafe Size Jacket Pant Waist Size Inseam Size XS-XL $208.00 $191.80 28-42 28-34 2XL $220.00 $204.24 44-46 28-34 3XL $242.00 $217.80 48-50 28-34 4XL $250.00 $229.11 52-54 28-34 Inseam 36+ add 5% per each 2” Sigma Size Jacket Pant Waist Size Inseam Size XS-XL $222.60 $214.32 28-42 28-34 2XL $238.50 $228.90 44-46 28-34 3XL $259.35 $243.81 48-50 28-34 4XL $273.00 $261.53 52-54 28-34 Inseam 36+ add 5% per each 2” Cal Fire 362/469 Nomex Material Size Jacket Pant Waist Size Inseam Size XS-XL $251.90 $225.50 28-42 28-34 2XL $265.10 $250.80 44-46 28-34 3XL $278.30 $272.80 48-50 28-34 4XL $309.10 $287.10 52-54 28-34 Inseam 36+ add 5% per each 2” Deluxe Garment Jacket Only Cal Fire Blend W/ Pleated Back and Elastic Rear Armor Sigma 362 / 469 Size Jacket Jacket Jacket XS-XL $328.05 $230.32 $262.00 2XL $345.31 $242.65 $279.10 3XL $363.49 $255.43 $299.20 4XL $382.00 $268.87 $330.20 DocuSign Envelope ID: AC52D0C0-9A51-46FC-8520-663BFD866A69 City Attorney Approved Version 1/30/13 4 Carlsbad GEN II Response Jacket Size Sigma XS-XL $190.00 See Specifications in Attachment A 2XL $211.05 3XL $223.56 4XL $224.13 Carlsbad GEN II Dual Cert Pant Pant Cargo Pant Waist Size Inseam Tecasafe $146.30 $152.90 28-42 28-34 For Pant See Specifications in Attachment B $170.62 $169.40 44-46 28-34 For Cargo Pant See Specifications in Attachment C $179.50 $178.20 48-50 28-34 Inseam 36+ add 5% per each 2” GEN II Dual Cert Pant Pant Waist Size Inseam Nomex $176.00 28-42 28-34 $194.00 44-46 28-34 $204.00 48-50 28-34 Inseam 36+ add 5% per each 2” Additional Options: EMS or Cell Phone Pocket $15.00 Cotton Lined sleeves n/a Additional Mic Tab $10.00 Additional Name Panel $25.00 Additional Jacket Pocket: Nomex Sigma Armor Tecasafe CalFire 362/469 Nomex $27.50 $25.00 $25.00 $27.50 $27.50 Additional Radio Pocket: Nomex Sigma Armor Tecasafe CalFire 362/469 Nomex $27.50 $25.00 $25.00 $27.50 $27.50 Additional Items and /or Costs Department Placard $25.00 Screenprint set-up fee per order $25.00 DocuSign Envelope ID: AC52D0C0-9A51-46FC-8520-663BFD866A69 AMENDMENT NO. 1 TO EXTEND AND AMEND MASTER PURCHASE AGREEMENT FOR WILDLAND FIRE PROTECTIVE GARMENTS BETWEEN THE CITY OF CARLSBAD ON ITS OWN AND FOR THE BENEFIT OF PARTICIPATING AGENCIES AND AFECO INC., DBA FIRE ETC. ~ Amendment No. 1 is ent~red into and effective as of the r]tl'] day of ' ')Q,..,\ , 20fl, extending and amending the agreement dated October 4, 2018 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and AEFCO Inc., dba Fire Etc., ("Contractor") (collectively, the "Parties") for the purchase of wild land fire protective garments. RECITALS A. On October 4, 2018, the Parties executed a price Agreement for the purchase of wildland fire protective garments; and B. The Parties desire to extend the Agreement for a period of one (1) year; and C. The Parties have negotiated and agreed to an increased fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Garment & Option Renewal Prices Renewal #1 for the renewal period of October 4, 2019 through October 3, 2020. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services and products as described in Exhibit "A". 2. City will pay Contractor for all work associated with those services and products per unit pricing as described in Exhibit "A" in an amount not-to-exceed one hundred thousand dollars ($100,000) per year. 3. The prices for the garments and options listed in Exhibit "A" will remain in effect October 4, 2019 through October 3, 2020. 5. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 6. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /II City Attorney Approved Version 1 /30/13 The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Ame ment. CONTRACTOR By: David Duea President (print name/title) By: (sign here) ada Vice President (print name/title) By: ATTEST: ~ b. A0f1Yl7il~ ~ARBARA ENGLESON v-vity Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: ::LIA A~~:r ~rney Assistant City Attorney City Attorney Approved Version 1 /30/13 2 EXHIBIT "A" City of Carlsbad Bid No. 18-03 GARMENT & OPTION RENEWAL PRICES -RENEWAL #1 Base Garment Size Jacket Pant Waist Size Inseam Size 6.0 oz. Nomex I/IA XS-XL $228.37 $200.35 28-42 28-34 2XL $239.68 $210.90 44-46 28-34 3XL $252.30 $228.10 48-50 28-34 4XL $265.57 $253.44 52-54 28-34 Inseam 36+ add 5% oer each 2" Outer Shell ArmorAP5.5 Size Jacket Pant Waist Size Inseam Size XS-XL $301.73 $287.00 28-42 28-34 2XL $316.61 $303.00 44-46 28-34 3XL $334.00 $319.11 48-50 28-34 4XL $350.92 $335.90 52-54 28-34 Inseam 36+ add 5% oer each 2" Tecasafe Size Jacket Pant Waist Size Inseam Size XS-XL $200.24 $191 .80 28-42 28-34 2XL $210.65 $204.24 44-46 28-34 3XL $231 .48 $217.80 48-50 28-34 4XL $241 .43 $229.11 52-54 28-34 Inseam 36+ add 5% per each 2" Siama Size Jacket Pant Waist Size Inseam Size XS-XL $21 2.00 $204.11 28-42 28-34 2XL $227.00 $218.00 44-46 28-34 3XL $247.00 $232.20 48-50 28-34 4XL $260.00 $244.32 52-54 28-34 Inseam 36+ add 5% per each 2" Cal Fire 3621469 Nomex Material Size Jacket Pant Waist Size Inseam Size XS-XL $251.90 $225.50 28-42 28-34 2XL $265.10 $250.80 44-46 28-34 3XL $278.30 $272.80 48-50 28-34 4XL $309.10 $287.10 52-54 28-34 Inseam 36+ add 5% oer each 2" Deluxe Garment Jacket Onlv Cal Fire Blend W/ Pleated Back and Elastic Rear Armor Sigma 3621469 Size Jacket Jacket Jacket XS-XL $328.05 $230.32 $262.00 2XL $345.31 $242.65 $279.10 3XL $363.49 $255.43 $299.20 4XL $382.00 $268.87 $330.20 City Attorney Approved Version 1/30/13 3 Carlsbad GEN II Response Jacket Size Sigma XS-XL $180.99 See Soecifications in Attachment A 2XL $201 .00 3XL $212.92 4XL $224.13 Carlsbad GEN II Dual Cert Pant Pant Carao Pant Waist Size Inseam Tecasafe $146.30 $152.90 28-42 28-34 For Pant See Specifications in Attachment B $162.25 $169.40 44-46 28-34 For Cargo Pant See Specifications in Attachment C $170.50 $178.20 48-50 28-34 Inseam 36+ add 5% per each 2" GEN II Dual Cert Pant Pant Waist Size Inseam Nomex $176.00 28-42 28-34 $194.00 44-46 28-34 $204.00 48-50 28-34 Inseam 36+ add 5% per each 2" Additional Options: EMS or Cell Phone Pocket $15.00 Cotton Lined sleeves n/a Additional Mic Tab $10.00 Additional Name Panel $25.00 CalFire 362/469 Additional Jacket Pocket: Nomex Sii:ima Armor Tecasafe Nomex $27.50 $25.00 $25.00 $27.50 $27.50 CalFire 362/469 Additional Radio Pocket: Nomex Sii:ima Armor Tecasafe Nomex $27.50 $25.00 $25.00 $27.50 $27.50 Additional Items and /or Costs Department Placard $27.50 Screen print set-up fee per order $25.00 City Attorney Approved Version 1 /30/13 4 AFECINC-01 JCHENG ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 06/03/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OC36861 Sl?fi!AcT Donna S Crayton San Diego-Alliant Insurance Services, Inc. rtr,NJo, Ext): (619) 238-1828 I FAX 9 (A/C, No):(619) 6 9-2100 701 B St 6th Fl i#D~~"": DCrayton@alliant.com San Diego, CA 92101 INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A: Hanover Fire & Casualtv Insurance Company 17337 INSURED INSURER B: Hartford Fire Insurance Company 19682 Afeco Inc DBA: Fire ETC INsuRER c: Hartford Casualtv Insurance Company 29424 2190 Main Street INSURER D: CompWest Insurance Company 12177 San Diego, CA 92113-2218 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL .~~ POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR IN<::n A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE [Kl OCCUR DAMAGE TO RENTED 300,000 X X 72CESOF1657 06/14/2019 06/14/2020 pRi=M1!=:.J:!=:. n=a ,..,..,.., rr,=.nr.,:,\ $ MED EXP IAnv one oorson\ $ 10,000 - PERSONAL & ADV INJURY $ 1,000,000 -2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ ~ POLICY □ ~f8i □ LOG PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT /Fo accident\ $ 1,000,000 X ANY AUTO X X 72UENOF1658 06/14/2019 06/14/2020 BODIL y INJURY (Per person\ $ -OWNED -SCHEDULED -AUTOS ONLY ~ AUTOS BODIL y INJURY /Per accident\ $ X ~GRTig:'S ONLY X ~8ro~"m1.~ f~7~tc~di;,it~AMAGE $ ~ $ C UMBRELLA LIAB MOCCUR EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB CLAIMS-MADE X X 72XSSL9099 06/14/2019 06/14/2020 AGGREGATE $ 2,000,000 ✓ OED I I RETENTION$ $ 0 WORKERS COMPENSATION XI ~~fTIITF I I OTH-AND EMPLOYERS" LIABILITY FR Y/N X WCV550127602 04/01/2019 04/01/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ ~~Sc::~ftfr8~ o'~'6PERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES JACORD 101, Addltlonal Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER IS ADDITIONAL INSUR D. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF CARLSBAD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PURCHASING DEPT 1635 FARADAY AVE CARLSBAD, CA 92008-7314 AUTHORIZED REPRESENTATIVE ~0-~ I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 03 13 C (Ed. 7-09) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be $ 500 Schedule Any person or organization that you perform work for that is liable for an injury, covered by this policy, that prior to the injury has written contract requiring a waiver of our right to recover from them. Person or Organization Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company WC 99 03 13 C (Ed. 7-09) Policy No. Endorsement No. Countersigned by ___________ _ -~---~-------------------------------------------- POLICY NUMBER: 72 CES OF1657 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Carlsbad Purchasing Dept 1635 Faraday Ave Carlsbad, CA 92008 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 8. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 72 CES OF1657 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzation(s) Location(s) Of Covered Operations City of Carlsbad Purchasing Dept 1635 Faraday Ave Carlsbad, CA 92008 Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 2010 0413 MASTER PURCHASE AGREEMENT FOR WILDLAND FIRE PROTECTIVE GARMENTS BETWEEN THE CITY OF CARLSBAD ON ITS OWN BEHALF AND FOR THE BENEFIT OF PARTICIPATING AGENCIES AND AFECO INC., A CALIFORNIA CORPORATION DOING BUSINESS AS FIRE ETC. n Jfjl~ AGREEMENT is made and entered into as of the 4-f::h day of C7C':tCt)o C , 2018, by and between the CITY OF CARLSBAD, a municipal corporation ("City") on its own behalf and for the benefit of Participating Agencies (as defined below), AFECO Inc., a California Corporation doing business as Fire Etc. (hereinafter referred to as "Seller" or "Contractor"). RECITALS A. The parties to this non-exclusive Agreement contemplate that the additional named Cities, Fire Departments and Fire Districts of Carlsbad, Escondido, La Mesa, Rancho Santa Fe, North County Fire, Bonita, Vista, San Diego, San Onofre, El Cajon, San Miguel, and Oceanside (collectively "Participating Agencies") will purchase from Seller and Seller will sell to City and Participating Agencies, Wildland Fire Protective Garments during the term of this Agreement. B. To expedite these contemplated purchases, the parties are willing to enter into this non-exclusive Agreement that sets forth the terms and conditions that will govern all such transactions between them. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. Definitions 1.1. Buyer. With respect to purchase orders issued by City, the term "Buyer" means City of Carlsbad. With respect to purchase orders placed or issued by a Participating Agency, the term "Buyer" means that Participating Agency placing the order. 1.2 Products. The term "Product" means those goods (as further described in Exhibit "A") for which Buyer issues to Seller a purchase order during the term of this Agreement. Products and specific terms are described in Exhibit "A" -Request for Bid, Exhibit "B" - Specifications, and Exhibit "C" -General Provisions all of which are attached hereto and incorporated herein by this reference in accordance with the terms and conditions set forth in this Agreement. In the event of an inconsistency between the Product description of Exhibits "A", "B", or "C", the inconsistency will be resolved in the following descending order of precedence: (1) the purchase order, (2) Exhibit "B", and (3) Exhibit "A" 2. Issuance of Purchase Orders. Buyer may issue purchase orders to Seller from time to time for the purchase of Products. Each purchase order shall contain a description of the Products ordered, the quantities and prices, the terms and place of delivery, and will reference City of Carlsbad Bid No. 18-03. Every purchase order issued by Buyer to Seller following the date of this Agreement and bearing such a notation shall be governed by and be deemed to include the provisions of this Agreement. In the event of an inconsistency between any term(s) and condition(s) of this Agreement, Exhibits "A", "B", or "C", or the placed purchase order, the 1 inconsistency will be resolved in the following descending order of precedence: (1) this Agreement, (2) the purchase order, (3) Exhibit "B", (4) Exhibit "C", and (5) Exhibit "A". The City and each Participating Agency will indicate its specific requirements on its purchase order documents. The City assumes no responsibilities, financial or otherwise, for any purchase order placed by any of the Participating Agencies authorized by this Agreement to place an order with Contractor for specified Product(s). Delivery address and instructions will be on each Participating Agency's purchase order. There will be no minimum order and all items must be available for the term of this Agreement. All items will be delivered F.O.B. Destination, Freight Prepaid and Allowed, and at the prices set forth in Exhibit "A". 3. Term. This Agreement will be effective for a period of one (1) year from the date first above written. This Agreement may be amended to extend its term for up to four (4) additional one (1) year periods, subject to Seller's continued satisfactory performance under this Agreement and the annual appropriation of funds by the City. In such event, the parties will prepare a written amendment, indicating the effective date of the amendment and the length of the extended Agreement. 4. Termination. City may terminate this agreement at any time with thirty (30) days written notice to Seller. Seller may terminate this Agreement at any time with ninety (90) days written notice to the City. 5. Delivery. A. The delivery for purchase orders placed pursuant to this Agreement shall be as specified in the City's or Participating Agency's purchase order. B. Time is of the essence on orders and delay in delivery will cause injury to the ordering agency. Resulting damages cannot be calculated with any degree of certainty. The vendor shall be subject to liquidated damages to be deducted from the contract price in the sum of $2.50 per jacket and $2.50 per pant for each calendar day that delivery exceeds the forty-five (45) day requirement for items specified in Attachments A, B, and C to Exhibit "A" only. All other items will have a standard delivery time of 90-120 days to be determined by the Buyer and Seller at the time of the order. Should the Contractor be obstructed or delayed in the production or delivery of Product(s) required hereunder by any act or omission of the City or Participating Agency placing the purchase order or by strikes, an act of God, or by no fault of the Contractor in its ability to obtain materials ("Delaying Event"), then the time for delivery of the order shall be extended for such period as may be either agreed to between Contractor and City or Participating Agency or equal to the period of time of the Delaying Event. C. Notwithstanding any other provision of this Agreement, if delivery cannot be made within determined delivery time after receipt of a purchase order, Buyer may, upon knowledge of the fact and regardless of whether or not the delay would be excusable, terminate the purchase order by written notice to Seller. The termination shall be without cost to Buyer and shall discharge all obligations and liabilities of the Buyer/Seller under the purchase order except as to Products previously delivered and accepted by Buyer. 6. Passage of Title and Risk of Loss. Unless otherwise specified in a particular purchase order placed pursuant to this Agreement, title to and risk of any loss of or damage to the Products shall pass from Seller to Buyer when the Products are accepted in writing by the Buyer. 2 7. Inspection of Goods. Seller shall inspect and test all Products prior to shipment to Buyer. In addition, all Products shall be subject to final inspection and acceptance by Buyer at Buyer's facility. Final inspection and acceptance or rejection will be made by Buyer within thirty (30) days after receipt of Products, and failure of Buyer to reject any Product within thirty (30) days after receipt shall constitute acceptance. Should Buyer reject any Product for failure to conform to the requirements of a purchase order, Buyer shall notify Seller in writing of the rejection, giving detailed reasons for the rejection. Seller shall then have the option to repair or replace the nonconforming Product within ten (10) days at Buyer's designated delivery facility. If Seller fails to act to correct any nonconforming Product within this time period, then Buyer may return any nonconforming Product(s) to Seller. Rejected items to be returned to Seller shall be shipped at Seller's risk and expense. 8. Warranty. Seller warrants to Buyer that all Products delivered under this Agreement shall be free from defects in materials and workmanship, that all Products will conform to the requirements of the order including, but not limited to, the applicable descriptions, specifications, and drawings agreed to by the parties and, to the extent the items are not manufactured pursuant to detailed designs furnished by Buyer, that all Products will be free from defects in design and suitable for the intended purposes. In addition, Seller warrants that all Products will, at the time of delivery, be free from any security interest or other lien or encumbrance. 9. Indemnification. Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense the City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. Insurance. Seller will obtain and maintain during the term of this Agreement, and any subsequent amendments to it, insurance for personal injury and property damage arising out of or in connection with Seller's performance under this Agreement. Required are: Policies of commercial general liability insurance, a combined policy of workers' compensation, employers liability insurance, from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Rating guide of at least A- :V in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the City Attorney or the City Manager. Seller will obtain occurrence coverage, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. Contractor will furnish certificates of insurance to the City's Purchasing Department, prior to City's execution of this Agreement. 11. Notices. All notices and other communications required or authorized under this Agreement shall be given in writing either by personal delivery or by first class mail addressed to the respective party. 3 12. Compliance With Laws. Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect their performance under the terms herein. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 13. Business License. Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 14. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 15. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the Superior Court of California, County of San Diego, California, North County Division. 16. Assignment. Contractor may not assign this Agreement or any part of it, nor may it assign any monies due or that may become due under it, without the prior written consent of City. 17. Amendments. This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 18. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede any other document. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. (Remainder of Page Intentionally Left Blank) 4 19. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of C ntractor each represent and w nt that they have the legal power, right and actual authori to bind Contractor to the term and onditions of this Agreement. *By:_'--"'----------- { (sign here) ~~6~ lJ? (print name/title) ' (s~fl,-67.fD b (e-mail address) **By:;{J~,f~ (signh~) Q,ty .J S:c D t<. ek (print name/title) J~v c.-~ t:,' v-~ -de· C<J ~ (e-mail address) ARLSBAD, a municipal corporation ATTEST: rj_~J1l~ BARBARA ENGLESON jf1city Clerk -Jt-.I__ .. -t-~ c.-L J ~ ..... <'--/ ~+-fry-1<-- c..o'--~ ui ere~---, e::xf. D'--\·\\-~0 If required by City, proper notary acknowledgment of execution by Contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: ::LIA A;JE~ttorney Assistant City Attorney 5 A~ public or olher officer completing.this celtificate verifies only the identity of the indlvidull who ligned h documenl ID which this certificate is attached, and not the ~aca.ncy.orVllldllyofllltdocurned. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ____ S_A_N_D_IE_G_O ____ ) on SEPTEMBER 4, 2018 before me, Hector Xavier Bertheau, PUBLIC NOTARY -----------(insert name and title of the officer) personally appeared ________ D_A_V_ID_J_. _D_U_E_A ____________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 6/20/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~I~CT Donna Cravton Alliant Insurance Services, Inc. fa~~N,_t Cv+\• 619-849-3785 l FAX 701 B Street IAJC Nol: 619-699-2139 6th Floor ~~lJ~ss: dcravton®alliant.com San Diego CA 92101 INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A: Hartford Fire Insurance Company 19682 INSURED AFECINC-01 INSURER B : Hartford Casualtv Insurance ComDanv 29424 Afeco Inc OBA: Fire ETC INSURER c: CompWest Insurance Company 12177 2190 Main Street San Diego CA 921132218 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· 454317737 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR ,:~LJ%~, ,:~~61,~, LTR ··-~~ .... ~ POLICY NUMBER LIMITS A X COMMERCIAL GENERAL LIABILITY y y 72CESOF1657 6/14/2018 6/14/2019 EACH OCCURRENCE $1,000,000 ~ ~ CLAIMS-MADE 0 OCCUR ~~~~~~J9E~E~~r?ence\ $300,000 X Primal)'. & Non-MED EXP (Any one person) $10,000 X ContributOI)'. PERSONAL & ADV INJURY $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ DPRO-D LOC POLICY JECT PRODUCTS -COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY y y 72UENOF 1658 6/14/2018 6/14/2019 ~~~~Nci7,~llNGLE LIMIT $1,000,000 X ANY AUTO BODIL y INJURY (Per person) $ --OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -X HIRED X NON-OWNED rp~?~i~J.,";,RAMAGE $ AUTOS ONLY AUTOS ONLY -- $ B UMBRELLA LIAB MOCCUR y y 72XSSL9099 6/14/2018 6/14/2019 EACH OCCURRENCE $2,000,000 f--X EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED I X I RETENTION$ 1n nnn $ C WORKERS COMPENSATION y WCV550127601 4/1/2018 4/1/2019 X I ~~fTUTE I I OTH- AND EMPLOYERS" LIABILITY YIN ER ANYPROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 ~l;M~tfiJ~ ~1b'PERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER IS ADDITIONAL INSURED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF CARLSBAD ACCORDANCE WITH THE POLICY PROVISIONS. PURCHASING DEPT 1635 FARADAY AVE AUTHORIZED REPRESENTATIVE CARLSBAD CA 92008-7314 ~~-etl\f\fc,.Q,-I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 72 CES OF1657 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Carlsbad Purchasing Dept 1635 Faraday Ave Carlsbad, CA 92008 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 72 CES 0F1657 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanlzation(s) Location(s) Of Covered Ooerations City of Carlsbad Purchasing Dept 1635 Faraday Ave Carlsbad, CA 92008 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 8. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s} at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of2 © Insurance Services Office, Inc., 2012 CG 2010 0413 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 03 13 C (Ed. 7-09) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be $ 500 Schedule Any person or organization that you perform work for that is liable for an injury, covered by this policy, that prior to the injury has written contract requiring a waiver of our right to recover from them. Person or Organization Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company WC 99 03 13 C (Ed. 7-09) Policy No. Endorsement No. Countersigned by ___________ _ REQUEST FOR BID RFB #18-03 FOR EXHIBIT A WILDLAND FIRE PROTECTIVE GARMENTS MAY2018 BIDS MUST BE RECEIVED SEALED AND CLEARLY MARKED ON THE OUTSIDE WITH "RFB #18-03 WILDLAND FIRE PROTECTIVE GARMENTS" BIDS MUST BE RECEIVED PRIOR TO 11:00 A.M. ON JUNE 7, 2018 AT: CITY OF CARLSBAD Purchasing Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 BIDS MAY BE SUBMITTED BY MAIL OR DELIVERED DIRECTLY TO THE ABOVE ADDRESS AND PLACED IN THE BID BOX IN THE LOBBY PRIOR TO THE DATE AND TIME SPECIFIED ABOVE. City of Carlsbad QUESTIONS REGARDING THIS BID MAY BE DIRECTED TO SHEA SAINZ, SR. CONTRACT ADMINISTRATOR AT SHEA.SAINZ@CARLSBADCA.GOV THE CITY OF CARLSBAD ENCOURAGES THE PARTICIPATION OF MINORITY AND WOMEN OWNED BUSINESSES Bid #18-03 Wildland Fire Protective Garments May 10, 2018 BID NO. 18-03 REQUEST FOR BID FOR: WILDLAND FIRE PROTECTIVE GARMENTS DUE DATE: June 7, 2018 11:00AM The City of Carlsbad is requesting bids for providing wildland fire protective garments for the period from approximately July 1, 2018 to June 30, 2019 to the fire departments and fire districts of Carlsbad, Escondido, Heartland Fire & Rescue (La Mesa, El Cajon, Lemon Grove) Rancho Santa Fe, North County, Bonita, Vista, San Diego, San Onofre, El Cajon, San Miguel, and Oceanside, per the attached specifications and conditions. The listed agencies estimate purchases of 530 jackets and 530 pants during the term mentioned above. Quantities are estimated as closely as possible, but may be lesser or greater at the time of ordering. Additional quantities may be ordered by non-declared agencies at the successful bidder's option to accept the provisions of the public agency clause. Each participating agency will indicate its specific requirements on its purchasing documents. The City of Carlsbad assumes no responsibilities for any order placed by any of the participating agencies. Delivery address and instructions will be indicated on each agency's order. There will be no minimum order and all items must be available for the contract period (approximately, July 1, 2018 to June 30, 2019). All items will be delivered F.O.B. Destination, Freight Prepaid and Allowed, and at the prices set forth in the bid. In accordance with the Carlsbad Municipal Code, awards shall be based on a best value evaluation. Criteria used for the evaluation will include: cost, responsiveness to specifications, and quality of workmanship, references/past performance, and ability to provide services, delivery schedule, and unspecified value-added offerings which may be offered by the bidder. See attached documentation for details. The lowest bidder may not receive the award. We will expect the successful bidder to sign a contract. A sample contract is attached. The final contract will include this request for bid and the successful vendor's response. Please do not execute the contract at this time. The following items must be submitted with your bid. Omissions may be cause to consider your bid non-responsive. • Cost and Delivery Proposal • Bidder's Statement of Technical Ability and Experience • Bidder's Statement of Ability to Provide Services • Bidder's Statement of Unspecified Value Added Offerings • Bidder's Statement of Exceptions • Bidder's Statement of Compliance with Insurance Requirements • Sample Garments* *Sample garments must be received in the Purchasing Department, City of Carlsbad, 1635 Faraday Avenue, Carlsbad CA 92008, before 11 :00 A.M. on June 7, 2018 City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 2 of 35 TIMELINE OF CRITICAL DATES Release of RFB May 10, 2018 Deadline for Written Questions May 22, 2018 -2:00 o.m. (PST) Questions & Answers distributed on or before May 24, 2018-5:00 p.m. (PST) RFB Submittals Due June 7, 2018-11:00 a.m. (PST) By submitting a bid, the contractor is providing a guarantee to the City that, if chosen, they will be able to provide the proposed products and services during the period of time discussed in this request for bid. A sample agreement is attached for your information only, do not sign the agreement. Direct any questions regarding this bid in writing to Shea Sainz at Shea.Sainz@carlsbadca.gov. COUNTRY OF ORIGIN Garments shall be manufactured in the United States of America. OPTION TO RENEW The City may desire to exercise an option to renew the contract for four (4) additional one (1) year periods. The City proposes that such renewal be contingent on a mutual agreement between the City and the successful bidder herein, such agreement to be confirmed sixty (60) days prior to the termination of the contract period. Either the City or the bidder may at that time decline to confirm the renewal of the Contract, for any reason whatsoever, and such declination would render the renewal option null and void. Would the bidder accept an option to renew, subject to the above stated conditions? YES / NO ___ _ READ THE ATTACHED GENERAL PROVISIONS CAREFULLY, THEY ARE A PART OF YOUR BID. GUARANTEE OF GOOD FAITH REQUIRED: $ None (FAILURE TO SUBMIT GUARANTEE OF GOOD FAITH WILL VOID THE BID. SEE PARAGRAPH 3, GENERAL PROVISIONS.) City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 3 of 35 PUBLIC AGENCY CLAUSE It is intended that any other public agency (i.e., city, district, public authority, public agency, municipal utility and other political subdivision or public corporation of California) located in the State of California shall have the option to participate in any award made as a result of this solicitation for the initial contract term and any contract extensions. The City of Carlsbad shall incur no financial responsibility in connection with purchase by another public agency. The public agency shall accept sole responsibility for placing order or payments to the vendor. This option shall not be considered in the evaluation. Indicate below whether said option is or is not granted. YESL_ Terms: ___ '-'N=ET"---=30"------- City of Carlsbad Bid #18-03 Wildland Fire Protective Garments NO ___ _ Firm Fire f_je Address c).JqD fr&f() .Sf. city , i.:z/} IJle#;_o State.Zip {'£J q ;}//5 ~ fs-ht,dp, Page 4 of 35 Base Garment 6.0 oz. Nomex II/A Outer Shell ArmorAP5.5 Tecasafe Slama Cal Fire 3621469 Nomex Material Deluxe Garment Jacket Onlv W/ Pleated Back and Elastic Rear City of Carlsbad Attachment A to Addendum No. 1 COST AND DELIVERY PROPOSAL UNIT COST: BASE GARMENT Size Jacket Pant Waist Size Ins 1am Size XS-XL $ ~D1 ,{.() $ ra.1i., f:?-L ;). !)._ --3l/ 2XL $: i-n.~q $ Cil-7~ I -L lo 3XL '1-1tl. NI) $~ $ Q..{)7. ~/J j --so 4XL $~ It/(. lf 1> s1~n.u 0 6~ ~ 5L-f 'I lllqMm 'lo+ o.dd 5P/D'i"W' Ohi ,)II I Size Jacket Pant Waist Size Inseam Size XS-XL $~I.,~ $ ' i~1,oo .. </-4:J r;..~-~u 2XL $ ?-1I _/) . wl $ ~ n~.oo L, 'L/-Uln 3XL $'.i ~')J). /)/) $ ~ lt-f. I( L <ii',60 4XL $"-~t¾;) $?1' 6.C/1) t;;J_g,,j 'I ll'ISMM 'JJ11.I-tldtf &,DJ,, nPII" f)O,. :J* I Size Jacket Pant Waist Size Inseam Size XS-XL $ ffr.o4 $ '''l .?.Jti !)5(, -t./ r}-1~ ... "Ajj 2XL s lt'ff.'50 $ p:::: .(;1 UL/-t.llo 3XL s '1ID. UIJ $ ii ' 1.00 LJ.i-cso 4XL s ,10.ui ')./)' $~ ),,i &5':J.-~ , I lrKAl~ IJJ1J,t. btJtl C. 'I• Ol'f t,A ? II Size Jacket Pant Waist Size Inseam Size XS-XL $ Q. '1-.Dfl 7Ji/. II $ I Q.. ~ ..-t,...f 9'-'l.<l~~ 2XL $~ 1)1.00 $ I i.nn LJW-U(n 3XL $' 11.11. /JO $~ ,,.~. JO U<t -~O 4XL ')..IIJn,nlJ $~ 2L,Ll.lJ,'l $~ &52-'5ll 1 1~111 "'11t t:vJtl~ 1 % '/"'JPN' (JA :).. II I Size Jacket Pant Waist Size lnse.; ,m Si7e XS-XL s ?-~.oo $ :J.05.0D 'Ji --L-1 d-~ <~LI 2XL $~l/l DD $ :). '-'l. f).J UU-4lo 3XL $ :J15·1.DD s 1-uci .nn !.J.C/, t:;n 4XL s?J.-X I. DD $~0 .oo -=;',2 _t;;lJ V iisli:(,n ?h,+ tA.dd I, 5'/o'f'll'f o~ :::)I' I Cal Fire Blend Annor Slama 362/469 Size Jacket Jacket Jacket XS-XL si 1").'t.DS $ !1."'n. 'Dd-$ 11/JJJ..0O 2XL $.1 l{&j, ~ s:J.L/~lP5 $ .1-,q. ID 3XL $~ '"~ . 4t t $~.u~ $~ vt.~o 4XL $9" '-l. :)._ f)f) $1'J../o'>l., 'X'-1 $?,'.i ,n.~n . Bid #18-03 Wildland Fire Protective Garments Addendum No. 1 Page 11 of 35 Attachment B to Addendum No. 1 Carlsbad GEN II Resoonse Jacket Size Siama XS-XL $ I 'if O .'1'1 See SnAcifications in Attachment A 2XL $ ~DI.no 3XL $,9-)~_q1 4XL $9!>-L/. I~ Carlsbad GEN II Dual Cert Pant Pant Carao Pant Waist Size Inseam Tecasafe $ 'JflJ .no , $1~.1)0. :JV. -U;) 19:-~ For E§!1l. See Specifications in $IU1.':?0 $l5lf .DO UU-4lP 1..9-~ Attachment B For Cargo Pant See Specifications $\q'.;'.OD $ UJJ9--oO U9-t50 'li--~ in Attachment C $ 'i'l. $ )()( 1~1\1 ?ioJ.. 1ultJ l~)o nPr' ~ ? " ' GEN II Dual Cert Pant Pant Waist Size Inseam SWP0624 $l5'i.OO ~ -~ y -4::J-2~~-3l-l $ ,e:,.oo UL -4lP '2.J -3U $ ~LI.DO L-~ -'80 ,., ~ :l-~L,/ s)(~ tr\$&l.rt1. ?.,Ip t-M~ Cilf,,'i¥1/ ar, °JI' I Additional Ootions: EMS or Cell Phone Pocket $ j&;j .oo Cotton Lined sleeves $1 I A Additional Mic Tab $ I ).00 Additional Name Panel $ ( (&, .00 CalFire 362/469 Addltlonal Jacket Pocket: Nomex Siama Armor Tecasafe Nomex $!J.&,10D $ !}t:5,0() $ ;)YJ.00 $ ~0-00 $ -JC;.00 CalFire 362/469 Additional Radio Pocket: Nomex Siama Armor Tecasafe Nomex $_?0,00 $ ~~.DO s ~-00 $ -::)5.DD $ Gc:6,DO City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Addendum No. 1 Page 12 of 35 DELIVERY Maximum number of calendar days from receipt of order to receipt of garments tJ5 days Deliveries are required no later than forty five (45) calendar days after receipt of order. A more prompt delivery schedule may be offered and will be a consideration in the evaluation. NOTE • The delivery schedule submitted will become part of the contract and subject to the following provisions. Time is of the essence on orders and delay in delivery will cause injury to the ordering agency. Resulting damages cannot be calculated with any degree of certainty. The vendor shall be subject to liquidated damages to be deducted from the contract price in the sum of $2.50 per jacket and $2.50 per pant for each calendar day that delivery exceeds the forty five ( 45) day requirement. Should the Contractor be obstructed or delayed in the work required to be done hereunder by any act or omission of the City or ordering agency or by strikes, an act of God, or by the inability to obtain materials or equipment, then the time of completion shall be extended for such period as may be agreed. OPENED, WITNESSED AND A!CORDED: WJ,rl1K DTE' skSed? SIGNATURE City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 13 of 35 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE List contracts of similar character to that included in this solicitation that the bidder has successfully performed. Provide references, with telephone numbers, which will enable the City to judge the bidder's responsibility, experience and skill. An attachment may be used. Date of Contact Person Contract Client Name and Address Name and Phone # &r,~bao{ ftr.e-~t-. ~:Spi.ttV 4 ,,~1,3 ~Fax~ r/t;D -(I) 81~ lP:Jw5 s.bPtd 4--;>DDZ Rivers,td.e 6>itrd--y tt""-L~ C-,hirlie.., 3 ok,/ v a/:;1/11 ;JIO W 'Sa'"' ~n-to ~ q5/. Cft.JO ~ti t.,8~is' 'PexY1S CJ\ '1 ;)~70 ,ji/11 lo~ ~ ~IV'~ ~ · Wo.de ~pew ~~ We.sf Deean '2>tvd . 5£o;) -~10-\ \17 Lont-l~ c.,r::\ Cio~Dd - City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 14 of 35 BIDDER'S STATEMENT OF ABILITY TO PROVIDE SERVICES The bidder is required to make a statement of how services will be provided. Include: Time period between award and start of service, number of personnel to be used providing services, experience of personnel, numbers and type of equipment to be used, how quickly urgent but unplanned services can be provided, and any other information you can offer that will help determine your ability to provide contracted services. {U)rthacJ. Th. V,ce. -estdenf I Sao++ C5frz;td4, wil I be +be,,. m()di1 ~on-la.cl OWd ava)lo..bl~ -I,; -/fJi. ck(¥lr-lrneflf , )4 h0U(5 a d~j +IJr tLnlj ?JlltjttDn.S or em?Yfjer?Cle5. S11JJ# Jute._esluJig SUJ/taed +he (Jmtll.?JUS (!()crfm_cJ ~Y +lritsl l~k,115 w,:_w1 41~ oJdy lJf &r!shad. tie has J.S tjeM.S of' ~Y-/Oef/lj){)(_,; In '+Y}l., Art tn:iu~-try {UJd ,S a,i.so a reltY-ed -AYl/ybkr. ~ has a cm5'& r1)1AJronsh.Jf? wt#J (!fe0 hbJS Md c.Jhe,1r ~lt--5 tr().m@tr flnd (fan {!_)osely monimr Jhe_ 5-1-tLJuJ !JI' all orzl)rs. City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 15 of 35 BIDDER'S STATEMENT OF UNSPECIFIED VALUE-ADDED OFFERINGS List items or services you are offering in addition to those in the attached specifications or scope of work offered as part of your bid and included in your bid pricing. If none, please state "none". Attachments may be used. City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 16 of 35 Shea Sainz From: Sent: To: Subject: Shea- Heather Moxley <Heather@Fire-Etc.com> Tuesday, July 24, 2018 9:55 AM Shea Sainz RE: City of Carlsbad RFB 18-03 Clarification Requested Oh I see. The correction should be "90 -120 days" in place of "9 -120 days" on the original bib submission. It should read: "Fire Etc. will comply with the 45 day delivery time for the following items: Specifications for attachment A, B & C. All other items will have a standard 90-120 day delivery time." I apologize for the error. Heather Moxley FIRE@ETC YOUR COMPLETE RESOURCE FOR FIRE & SAFETY EQUIPMENT 2190 Main St. San Diego CA 92113 619.525.7286 619.525.7288 www .fire-etc.com From: Shea Sainz <Shea.Sainz@carlsbadca.gov> Sent: Tuesday, July 24, 2018 9:49 AM To: Heather Moxley <Heather@Fire-Etc.com> Cc: Scott Estrada <Estrada@fire-etc.com> Subject: RE: City of Carlsbad RFB 18-03 Clarification Requested Good morning Heather and thank you for your prompt response. I am not able to change the bid document at this point by swapping the page for a new one. What I need is just a response to my email stating what the correction should be. The email response will become part of the bid document. Thank you. (city of Carlsbad Shea Sainz Senior Contract Administrator BIDDER'S STATEMENT OF EXCEPTIONS If your bid contains any qualifications or exceptions to the specifications and/or requirements of the goods contained in this request for proposal, please list them below. 411 o</kr dons tmil havce a.s-landard q_;;;o City of Carlsbad Bid #18-03 Wild land Fire Protective Garments Page 17 of 35 BIDDER'S STATEMENT OF COMPLIANCE WITH INSURANCE REQUIREMENTS As a required part of the bid, the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: c Comprehensive General Liability LJ Automobile Liability [1 Workers Compensation D Employer's Liability OR 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in confprmance with the requirements herein and Certificates of insurance to the Agenc.y showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in paragraph 10 of the included agreement for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 18 of 35 CREWBOSS™ ALWAYS MADE IN THE USA Attachment A City of Carlsbad Bid No. 18-03 Wildland Fire Protective Gannents Specifications for CrewBoss GEN II RESPONSE SHIRT Item Number WLS0772 (Athletic Fit) & WLS0872 (Relaxed Fit) ·\ I B y tE1 '. _ _______ J Manufacturing: The shirt shall be constructed and assembled entirely in the USA. It shall be constructed in an ISO 9001 facility and shall be third party certified to the most recent NFPA 1975 and NFPA 1977 standard. Fabric: Outer-shell option 1: The shirt shall be constructed from NFPA 1975 and NFPA 1977 certified fabric with a fiber content of 45% Meta-Aramid, 32% FR Viscose, 6% Para-Aramid and 17% Polyamide, shall have a weight of 7.0 oz, shall be Yellow in color and have a Twill weave. Construction: All garment stitching shall use Tex-80 Nomex thread. The garment shall contain no raw edges, run-offs, twists, pleats, puckers or open seams. All seams shall start and finish evenly. Thread breaks of all stitch types shall be secured by back-tacking and stress points shall be bar-tack reinforced. Stitch length shall be a minimum of 7-8 stitches per inch and a maximum of 10-12 stitches per inch. Hook& Loop: Hook and loop pieces shall be flame-resistant, black in color, sewn on all four edges and double box-stitched reinforced for extra strength. Collar: The collar shall be designed to remain upright in a vertical position and shall have extensions on the left and right side with a hook and loop closure system designed to protect the throat when in a fastened position. One (1) loop piece stitched to the left extension and measuring approximately l"W x S"L shall fasten to one (1) hook piece stitched to the right extension and of the same measurement. The collar shall measure approximately 3.S"H at center back and taper to 2.S"H at center front. It shall attach to the garment body using stitch type 301 and seam type LSco-4. A hanger loop measuring approximately 0.S"W x 6"L shall be stitched into the interior back neck of the garment using stitch type 301 and seam type LSco-4. Front Closure: The front closure shall use one (1) size 10 separating brass zipper mounted on Nomex tape and shall have a backing panel to prevent it from coming in direct contact with the body. The zipper shall extend from the bottom of the collar to a distance approximately 4" up from the bottom hem. The zipper and backing shall attach to the garment body using stitch type 301 and seam type SSs-2 with bar-tack reinforcements at stress points. Radio Pocket: The garment shall come standard with one (1) radio pocket with double notched flap, hook & loop closure.system and two (2) size O drain grommets on the underside. One (1) loop piece stitched to the flap and measuring 2"W x 3"L shall fasten to one (1) hook piece stitched to the pocket and of the same measurement. The pocket shall measure approximately 9.S"H x 4"W x 2"0 and the flap shall measure approximately 5.S"H x 4"W. The radio pocket shall be angled away from the neck toward the left shoulder and attached to the front left chest area of the garment body using stitch type 301 and seam type SSb-1 with bar-tack reinforcement at stress points. 2 Chest Pockets: The garment shall come standard with one (1) box pleated chest pocket with asymmetrical spade style flap and hook and loop closure system. Two (2) hook pieces stitched to the flap and measuring l"W x 2"L shall fasten to two (2) loop pieces stitched to the pocket and of the same measurements. The pocket shall measure approximately 7.5"H x 5.25"W. The pleat shall start 2" in from the outer edge of the pocket and shall measure 1.25"W. The flap shall measure approximately 6.25"W x 2.S"H at the tip of spade and taper to 2"H on the left and right side. The center of the spade shall be located approximately 1.75" in from the inner edge of the flap. The pocket shall be angled in toward the front closure and shall attach to the garment body using stitch type 301 and seam type SSb-1 with bar-tack reinforcement at stress points. The pocket shall be centered on the right chest panel approximately 10" down from the high point shoulder. Expansion Pleats: The garment shall have back expansion pleats to allow for increased shoulder mobility. The pleats shall measure approximately 2.25"W and shall run vertically from the top of the shoulder to the waist. The pleats shall be constructed using stitch type 516 and seam type SSa-2 with bar-tack reinforcement at stress points. Sleeves & Articulated Elbows: The garment shall have set-in sleeves with double pleated articulated elbows for increased mobility. The top and bottom pleat shall measure 0.5"W each. The top and bottom sleeve seam shall use stitch type 516 & 301 and seam type LSbm-4. The sleeves shall attach to the garment body using stitch type 516 & 301 and seam type LSbm-4. The sleeve ends shall be folded in to create a 2" cuff hem and shall be attached using stitch type 301 and seam type EFb-1. Cuff Closures: The sleeve cuffs shall have tabs with a hook and loop closure system µsed to adjust the cuff circumference. One (1) hook piece stitched to the tab and measuring 1"W x 3.5"L shall fasten to one (1) loop piece stitched to_the cuff and measuring l"W x S"L. The tabs shall measure approximately 4.S"L x 2.75"H and taper to 1.75"H at the outer edge. The tabs shall attach to the cuffs using stitch type 516 & 301 and seam type LSbm-4. Side Seam & Bottom Hem: The garment side seams shall be attached using stitch type 516 & 301 and seam type LSbm-4. The garment bottom shall be folded in to create a 1" wide hem and shall be attached using stitch type 301 and seam type EFb-1. Attachment Tabs: The garment shall have two (2) attachment tabs. Each tab shall measure approximately 1.25"H x 2.S"W. One tab shall be located above the chest pocket and the other tab shall 3 be located above the radio pocket. Both tabs shall be attached to the garment body with bar-tacking. Trim: 2"W NFPA 1977 certified silver reflective trim shall be attached to the sleeves running the full circumference of the biceps with no breaks in the trim. Labels A fire resistant label containing information pertaining to the garment's certifications, manufacturer, size, style, lot number, date of manufacture, country of origin, origin of materials and material composition shall be stitched into the interior front left panel below the radio pocket and approximately 2" above the bottom hem. Sizes: Sizes available shall include XS through 4XL and shall be offered in an athletic and relaxed fit. Sizing shall conform to minimum sizing requirements as stated in the most recent NFPA 1977 standard. 4 CREWBOSS™ ALWAYS MADE IN THE USA Attachment B City of Carlsbad Bid No. 18-03 Wildland Fire Protective Gannents Specifications for CrewBoss GEN II UNIFORM PANT Item Number SWP04 (Athletic Fit) & SWP0S (Relaxed Fit) 0 Manufacturing: The pant shall be constructed and assembled entirely in the USA. It shall be constructed in an ISO 9001 facility, shall be third party certified to the most recent NFPA 1975 and NFPA 1977 standards. Fabric: The pant shall be constructed from NFPA 1975 and NFPA 1977 certified fabrics: Shell fabric option 1 shall use a fiber blend of 93% Meta-Aramid, 5% Para-Ara mid and 2% Anti-Stat, shall have a weight of 7.7 oz, shall be navy in color and have a twill weave. Part number shall be SWP0424 for the athletic fit and SWP0524 for the relaxed fit. Shell fabric option 2 shall use a fiber blend of 47% FR Modacrylic, 37% Tencel and 16% Meta-Aramid, shall have a weight of 7.0 oz, shall be navy in color and have a twill weave. Part number shall be SWP0419 for the athletic fit and SWP0519 for the relaxed fit. Construction: All garment stitching shall use Tex-40 Nomex thread. The garment shall contain no raw edges, run-offs, twists, pleats, puckers or open seams. All seams shall start and finish evenly. Thread breaks of all stitch types shall be secured by back-tacking and stress points shall be bar-tack reinforced. Stitch length shall be a minimum of 7-8 stitches per inch and a maximum of 10-12 stitches per inch. Hook& Loop: Hook and loop pieces shall be flame-resistant, black in color, sewn on all four edges and double box-stitched reinforced for extra strength. Waistband & Belt Loops: The waistband shall be designed to accommodate a 2" wide belt and shall measure approximately 2"H finished. The waistband shall fasten at the front by means of a metal snap closure and shall be designed to prevent the hardware from coming in direct'1 contact with the body. The garment shall come standard with seven (7) belt loops each measuring 0.75"W x 3"H finished. Two (2) shall be bar-tacked to the front and five (5) shall be bar-tacked to the back at equal distances from each other. Front Closure: The front closure shall use one {1) size 5 closed-at-one-end brass zipper mounted on Nomex tape and shall have a backing panel to prevent it from coming in direct contact with the body. The zipper shall extend from the bottom of the waistband towards the inseam. The zipper and backing shall attach to the garment body using stitch type 301 and seam type SSau-2 on the left side and stitch type 301 and seam type LSq-2 on the right side with bar-tack reinforcement at stress points. Side Pockets: The garment shall come standard with two (2) slash style side pockets. The pocket bags shall measure approximately G"W x 14"H and shall attach to the side-seam and front waistband of the garment body using stitch type 301 and seam type with bar-tack reinforcement at stress points. 2 Back Pockets: The garment shall come standard with two (2) welt style back pockets. The pocket shall have two (2) overlapping welts per pocket that measure approximately l"H. The pocket bags shall measure approximately 8"W x l0"H and shall attach to the back pant panels and back waist band of the garment body using stitch type 301 and seam type with bar- tack reinforcement at stress points. Articulated Knees: The garment shall have double darted articulated knees for increased mobility. The front pant shall have upper and lower darts located near the knee that shall measure 0.75"W each and shall be top-stitched from the apex to the base. The back pant shall be comprised of an upper and lower panel. The seam that connects the panels shall be designed to remove excess fabric formed from the articulation. The seam shall run horizontally between the upper and lower front darts and shall be attached using stitch type 301 & 516 and seam type LSbm-4. Crotch Gusset: The pant shall have a crotch gusset for increased comfort. It shall be located between the front and back rise and shall attach to the inseam of the garment body using stitch type 301 & 516 and seam type LSbm-4. Side Seam, Seat Seam, Inseam & Bottom Hem: The garment side seam, seat seam and inseam shall be attached using stitch type 301 & 516 and seam type LSbm-4. The garment bottom shall be folded in to create a 1" wide hem and shall be attached using stitch type 301 and seam type EFb-1. Permanent Crease: A permanent crease made from fire resistant silicone shall be applied to the interior of the front pant legs. It shall be centered on each leg and run vertically from the bottom of the front closure to the cuffs. Labels A fire resistant label containing information pertaining to the garment's certifications, manufacturer, size, style, lot number, date of manufacture, country of origin, origin of materials and material composition shall be stitched into the garment interior on the left pocket bag. Sizes: Sizes available shall include waist sizes 26" through 54", and inseam sizes 28" through 36". Sizing shall conform to minimum sizing requirements as stated in the most recent NFPA 1977 standard. 3 ALWAYS MADE IN THE USA Attachment C City of Carlsbad Bid No. 18-03 Wildland Fire Protective Garments Specifications for CrewBoss GEN II TACTICAL PANT Item Number SWP06 (Athletic Fit) & SWP07 (Relaxed Fit) 0 Manufacturing: The pant shall be constructed and assembled entirely in the USA. It shall be constructed in an ISO 9001 facility, shall be third party certified to the most recent NFPA 1975 and 1977 standard. Fabric: The pant shall be constructed from NFPA 1975 and NFPA 1977 certified fabrics: Shell fabric.option 1 shall use a fiber blend of 93% Meta-Aramid, 5% Para-Aramid and 2% Anti-Stat, shall have a weight of 7.7 oz, shall be navy in color and have a twill weave. Part number shall be SWP0624 for the athletic fit and SWP0724 for the relaxed fit. Shell fabric option 2 shall use a fiber blend of 47% FR Modacrylic, 37% Tencel and 16% Meta-Aramid, shall have a weight of 7.0 oz, shall be navy in color and have a twill weave. Part number shall be SWP0619 for the athletic fit and SWP0719 for the relaxed fit. Construction: All garment stitching shall use Tex-40 Nomex thread. The garment shall contain no raw edges, run-offs, twists, pleats, puckers or open seams. All seams shall start and f,inish evenly. Thread breaks of all stitch types shall be secured by back-tacking and stress points shall be bar-tack reinforced. Stitch length shall be a minimum of 7-8 stitches per inch and a maximum of 10-12 stitches per inch. Hook&Loop: Hook and loop pieces shall be flame-resistant, black in color, sewn on all four edges .and double box-stitched reinforced for extra strength. Waistband & Belt Loops: The waistband shall be designed to accommodate a 2" wide belt, shall measure approximately 2"H and shall be attached to the garment body using stitch type 301 and seam type SSay-2. The waistband shall fasten at the front by means of a metal snap closure and shall be designed to prevent the hardware from coming in direct contact with the body. The garment shall come standard with seven (7) belt loops each measuring 0. 75"W x 3"H. Two (2) shall be bar-tacked to the front and five (5) shall be bar-tacked to the back at equal distances from each other. Front Closure: The front closure shall use one (1) size 5 closed-at-one-end brass zipper mounted on Nomex tape and shall have a backing panel to prevent it from coming in direct contact with the body. The zipper shall extend from the bottom of the waistband towards the inseam. The zipper and backing shall attach to the garment body using stitch type 301 and seam type SSau-2 on the left side and stitch type 301 and seam type LSq-2 on the right side with bar-tack. reinforcement at stress points. Side Pockets: The garment shall come standard with two (2) slash style side pockets. The pocket bags shall measure approximately 6"W x 14"H and shall attach to the side-seam and front 2 waistband of the garment body using stitch type 301 and seam type with bar-tack reinforcement at stress points. Back Pockets: The garment shall come standard with two (2) welt style back pockets. The pocket shall have two (2) overlapping welts per pocket that measure approximately 1"H. The pocket bags shall measure approximately 8"W x l0"H and shall attach to the back pant panels and back waist band of the garment body using stitch type 301 and seam type with bar- tack reinforcement at stress points. Thigh Pockets: The garment shall come standard with two (2) box pleated thigh cargo pockets with asymmetrical spade style flap and hook and loop closure system. One (1) loop piece-s shall be stitched to the flap, the measuring l"W x 4"L find shall fasten to one (1) hook piece-s stitched to the pocket and of the same measurements .. The pocket shall measure approximately 8"H x 8"W. The pleat shall start 2" in from the outer edge of the pocket and shall measure 1.25"W. The flap shall measure approximately 8.75"W x 3.5"H at the tip of spade and taper to 2.S"H on the left and right side. The center of the spade shall be located approximately 2" in from the inner edge of the flap. The pocket shall be angled in toward the front closure and shall attach to the garment body using stitch type 301 and seam type SSb-2 with bar-tack reinforcement at stress points. Cuff Closures: The pant cuffs shall each have a rectangular-ring with hook and loop tab closure system used to adjust the cuff circumference. One (1) loop piece stitched to the tab and measuring l"W x 4"L shall fasten to one (1) hook piece stitched to the back pant and of the same measurement. One (1) tab shall be inserted into one (1) l"W rectangular ring, folded over and stitched to the side seam of the pant. The closure system shall be located approximately 2.5" up from the cuff bottom and shall attach to the pant using stitch type 301. Articulated Knees: The garment shall have double darted articulated knees for increased mobility. The front pant shall have upper and lower darts located near the knee that shall measure 0.75"W each and shall be top-stitched from the apex to the base. The back pant shall be comprised of an upper and lower panel. The seam that connects the panels shall be designed to remove excess fabric formed from the articulation. The seam shall run horizontally between the upper and lower front darts and shall be attached using stitch type 301 & 516 and seam type LSbm-4. Crotch Gusset: The pant shall have a crotch gusset for increased comfort. It shall be located between the front and back rise and shall attach to the inseam of the garment body using stitch type 301 & 516 and seam type LSbm-4. 3 Side Seam, Seat Seam, Inseam & Bottom Hem: The garment side seam, seat seam and inseam shall be attached using stitch type 301 & 516 and seam type LSbm-4. The garment bottom shall be folded in to create a 1" wide hem and shall be attached using stitch type 301 and seam type EFb-1. Labels A fire resistant label containing information pertaining to the garment's certifications, manufacturer, size, style, lot number, date of manufacture, country of origin, origin of materials and material composition shall be stitched into the garment interior on the left pocket bag. Sizes: Sizes available shall include waist sizes 26" through 54", and inseam sizes 28" through 36". Sizing shall conform to minimum sizing requirements as stated in the most recent NFPA 1977 standard. 4 EXHIBIT B SPECIFICATIONS -WILDLAND FIRE PROTECTIVE GARMENTS The San Diego County Wildland Personnel Protective Clothing (PPC) specification is designed as a SINGLE LAYER OR DOUBLE LAYER (one layer of protective shell material) garment which can be worn as an Over Pant and an Over Jacket. A stand-alone double layer garment can be accomplished by use of the options list provided in this contract. Each individual agency is responsible for following department policies and procedures regarding the use of double layering PPC. PART I: GENERAL REQUIREMENTS GENERAL Garments built per these specifications shall be compliant to NFPA STANDARD 1977 (current edition) and shall comply with all CAL/OSHA codes and standards for forestry firefighting protective apparel. Garments shall be certified to NFPA 1977 by a nationally recognized laboratory. Documentation of compliance shall be provided upon request. INSPECTION All garments shall be inspected before acceptance by the participating agency for workmanship, appearance and proper functioning of all components, and conformance to all requirements of this request for bid. WARRANTY The manufacturer shall provide a lifetime warranty against defects in materials and workmanship. A copy of the manufacturer's warranty shall be delivered with each unit. The vendor shall be responsible for all transportation costs incurred during the warranty period. All warranty work shall be completed and the garment returned within ten {10) business days of receipt. The participating agency shall be furnished a "No Charge" invoice for all work performed under warranty indicating type of work performed and parts replaced. DELIVERY Delivery of orders must be received by the ordering agency within the schedule specified in your bid, which must not exceed forty-five (45) calendar days from receipt of a purchase order. Ordering agency must receive a written or faxed notification within 5 days of receipt of order. Time is of the essence on orders and delay in delivery will cause injury to the ordering agency. Resulting damages cannot be calculated with any degree of certainty. The vendor shall be subject to liquidated damages to be deducted from the contract price in the sum of $2.50 per jacket and $2.50 per pant for each calendar day that delivery exceeds the schedule set forth in your bid. Should the Contractor be obstructed or delayed in the work required to be done hereunder by any act or omission of the City or ordering agency or by strikes, an act of God, or by the inability to obtain materials or equipment, then the time of completion shall be extended for such period as may be agreed. City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 5 of 35 SAMPLE The manufacture/bidder shall submit to the Purchasing Department, at least one (1) complete set of wildland gear jacket size-46, pants size-36 waist, 30 length made from 7 oz. Tecasafe or 7 oz. Sigma for evaluation prior to the bid due date and time. Sample garments may be dismantled during the evaluation process. As the authority having jurisdiction, the City of Carlsbad after evaluation, inspection and/or testing, reserves the right to determine compliance with all provisions of this bid. SIZING Sizing of garments built to this specification shall be compliant with NFPA 1977, except as described in Part Ill: Wildland Fire Protective Pant. MATERIALS Garment shall be made from materials listed on Options List on page 10. Hook and loop (pile) tape used in the construction of this garment shall be Fire Retardant (FR) Velcro. Cotton used in the construction of this garment shall be 100% (FR) textile. PART II: WILDLAND FIRE PROTECTIVE JACKET JACKET DESIGN The design or cut of the jacket shall be designed to allow full freedom of movement in all aspects, especially in arm movement. It shall be designed to minimize coat rise and sleeve retraction when the arms are raised above the head. Binding or bunching of material under the arm will not be accepted. All edges of material must be finished in a way as to not allow fraying. COLLAR The collar shall be no more then 3" tall when in the raised position. The collar closure shall be designed to provide a positive closure without excessive material. "Turnout" style throat tabs will not be accepted. A hanger loop made of outer shell material should be provided and attached at the collar line on the inside of the garment at the center of the back. SLEEVE CONSTRUCTION Sleeves shall be full-cut for freedom of movement. Jacket sleeve shall have a pull tab type closure at the end of the sleeve, which will allow for complete closure around the wearer's wrist. CLOSURE SYSTEM #10 Heavy Duty brass YKK locking type, on Nomex tape. Zipper placement shall extend from the top of the collar to the bottom of the jacket. The zipper shall be covered by a double layered storm flap sewn to the leading edge of the left side body panel. While in the closed position the flap must pass over the top of the zipper and secure to the right side body using a series of hook and loop (pile) 2"L X 1 W strips. (Minimum of 4 ). City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 6 of 35 TRIM A circumference band of 2" 3M brand (or equivalent) "Triple Trim" (lime yellow/silver) shall be located on the sleeve. A 2" band shall also encircle the bottom of the coat directly above the hem line. All trim will be double stitched at the top and bottom edges. REFLECTIVE LETTERING As a means of identification, 3" tall yellow reflective lettering with up to seven (7) letters of the participating users choice shall be provided on the upper back of the jacket. JACKET POCKETS Jacket shall have one "semi bellows" type pocket approximately 2"D X 8½"W X 9½"H. The bottom of the pocket shall be positioned along the hem line of the jacket. The "semi bellows" shall be sewn tight at the leading edge of the pocket and expand 2" at the trailing end of the pocket. The bottom 1/2 of each pocket should be lined on the inside on all four (4) sides to provide additional abrasion protection. Drain eyelets should be installed in pocket to allow for drainage. Cost for additional pockets should be included in the attached Cost and Delivery Proposal. JACKET POCKET FLAP Pocket flaps shall be 2 layers of shell material and constructed in a way as to ensure they are a full ½" wider on each side then the width of the pocket and shall overlap the opening of a fully loaded pocket by 2 ½". Bartacks shall be used to reinforce the corner of the flaps at the attachment point on the jacket. The flap shall be secured in the closed position with a 8"L X 1"W hook attached to the pocket and 2, 3"L X 1"W Loop (Pile) attached to the underside of the flap. RADIO POCKET Jacket shall have one (1) radio pocket on left breast. Pocket shall measure 7"L X by 3"W and 2"D, (finished size) with a 2 layer flap. Cost for additional pockets shall be included in the attached Cost and Delivery Proposal. RADIO POCKET FLAP Pocket flaps shall be 2 layers of shell material and constructed in a way as to ensure they are a full½" wider on each side then the width of the pocket and shall overlap the opening of a fully loaded pocket by 2 ½". Bartacks shall be used to reinforce the corner of the flaps at the attachment point on the jacket. The flap shall be secured in the closed position with a 3"L X 1 "W loop (Pile) attached to the pocket (vertically) and a 3"L X 1 "W hook attached to the underside of the flap (Horizontally). MIC TAB A 1 "W X 2"L double layer mic tab shall be constructed of shell material and located approximately 2" above the radio pocket using bartacks at the attachment ends. City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 7 of 35 PART Ill: WILDLAND FIRE PROTECTIVE PANTS DESIGN The pant shall be designed to provide freedom of movement throughout all ranges of motion, avoid excessive material and fabric bunching in the crotch area and allow ease of donning and doffing. The seams in the crotch area shall be reinforced with Kevlar fabric tape to help prevent seam failure. All edges of material must be finished in a way as to not allow fraying. Top of pant shall incorporate a 2" finished wide cotton elastic completely sealed in shell material. The pants should include five (5) five belt loops of same material. The fly closure shall allow for maximum protection and ease of use. If a zipper is used, it shall be a #1 O size and be covered by a flap of outer shell material, which in turn will be secured with fire resistant hook and pile tape not more than ¾" wide Pant cuff shall be two layers in thickness. Pants should have a #10 YKK zipper closure on the bottom edge of pant leg 12" -14" long with bellows. Zipper shall have a minimum of 1" overlap of two layer outer shell material on the front flap (leading edge) of the leg to completely cover the length of the zipper. The bottom edge of pant cuff should have a means of providing complete closure around the wears' leg. This closure should consist of metal snaps appropriately placed along the pant cuff. PASS THROUGH ACCESS The pant design shall incorporate the ability to access the wearer's uniform pant pockets, without having to open the fly. The pass through access shall be 6" long to accommodate a large hand and utilize a zipper closure, which shall have an overlap of shell material covering the zipper (#5). SIZING The pants shall be available in 2-inch increments using numerical rather than alpha sizing, with the first sizing number referring to the waist in inches, and the second being the inseam in inches (e.g. 32/30). The waist size shall be achieved when the elastic band is stretched by 1 inch, so as to provide a more accurate fit while allowing room for growth. The waist-to-crotch length (crotch rise) shall be such that freedom of movement is not restricted by excess length in that area (See attached Sizing Chart). Special sizing shall be available on request for those requiring additional room in the seat or thighs (i.e. "athletic cut"). TRIM A circumference band of 2" 3M brand or equivalent "Triple Trim" (lime yellow/silver) shall be located above the bottom edge of the pant leg. City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 8 of 35 A B C D E F G H PANT POCKETS Pants should incorporate at least one (1) rear patch type pocket, on the right side, with a two- layer flap. Pocket closure should consist of hook and loop tape. Two (2) 2"X8"X8" "semi bellows" type pockets should be provided on the outside thigh area. The "semi bellows" shall be sewn tight at the leading edge of the pocket and expand 2" at the trailing end of the pocket. The bottom half of each pocket should be lined on the inside on all four sides to provide additional abrasion protection. Drain eyelets should be installed in pockets to allow for drainage PANT POCKET FLAP Pocket flaps shall be two (2) layers of shell material and constructed in a way as to ensure they are a full ½" wider on each side then the width of the pocket and shall overlap the opening of a fully loaded pocket by 2 ½". Bartacks shall be used to reinforce the corner of the flaps at the attachment point on the jacket. The flap shall be secured in the closed position with a 7"L X 1"W hook attached to the pocket and 2, 3"L X 1"W Loop (Pile) attached to the underside of the flap. KNEEPADS An appropriately sized and placed knee pad consisting of one additional layer of shell material should be incorporated to provide additional abrasion resistance in the knee area. Minimum Sizing Requirements -Lower Torso Garments Garment Size 26 28 30 32 34 36 38 40 ??????? Waist 26 28 30 32 34 36 38 40 2 Seat 37 39 41 43 45 47 49 51 2 Thiah 25 26 27 28 29 30 31 32 1 17 Knee 1/2 181/4 19 19 3/4 20 1/2 211/4 22 22 3/4 3/4 Cuffs 17 18 18 1/2 19 19 1/2 20 20 1/2 21 1/2 11 Front rise 1/8 11 7/16 11 3/4 12 1/6 12 5/16 12 5/8 12 15/16 13 1/4 5/16 16 Back rise 5/8 16 5/16 17 1/4 17 9/16 17 7/8 18 3/16 18 1/2 18 13/16 5/16 Inseam Shall be cut to order or provided in 2" increments between 28 and 36 inches City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 9 of 35 SHELL MATERIAL 6.0 oz Nomex IIIA 7 .0 oz T ecasafe DOUBLE LAYER GARMENT. OPTIONS LIST 5.5 oz. Armor AP 7 oz. Sigma Additional (Inner) layer material shall be FR 100% Cotton. PLEATED BACK 5.8 / 7.5 oz CalFire 362/469 6.0 oz. Nomex Material IIIA Jackets shall have two (2) inverted pleats (one each side). Each pleat shall begin at the top of each shoulder and shall continue down the side of the coat to the hem line. ELASTIC REAR HEM Jackets shall have a 2" elastic (FR) hem on the back portion of the jacket. The elastic shall be sewn into the entire rear panel hem beginning and ending at the seams (Front and rear body panels). RADIO POCKET A 9"H X 4"W X 2"D Radio pocket shall be located on the left breast, at approximately a 1 0 degree angle to the right from a parallel position (when facing the jacket). The top of the pocket shall be 6" below the seam of the shoulder cap. Pocket corner attachment points shall be reinforced with bartacks. A rustproof eyelet mounted in the bottom of the pocket will provide drainage. Pocket flaps shall be two (2) layers of shell material and constructed in a way as to ensure they are a full ½" wider on each side then the width of the pocket and shall overlap the opening of a fully loaded pocket by 2 ½". Bartacks shall be used to reinforce the corner of the flaps at the attachment point on the jacket. The flap shall be secured in the closed position with a 3"L X 1 "W loop (Pile) attached to the pocket (vertically) and a 3"L X 1 "W Loop (Pile) attached to the underside of the flap (horizontally). REFLECTIVE TRIM Reflexite Brilliance or equivalent. REFLECTIVE LETTERING Glass bead reflective silk screen lettering. (Silver) EMS SHOULDER POCKET 6"L X 2.S"W, non-bellowed, divided (vertically down the center) pocket made of shell material. Pocket shall have 1 "L X 3.S"W flap sewn on top and side edges in such a way to cover the opening of the pocket but still allow items to be easily placed in and removed from the pocket. CELL PHONE SHOULDER POCKET 5.S"L X 3"W X 1"D bellowed pocket. Pocket flap shall be 1 layer of shell material and constructed in a way as to ensure it is a full½" wider on each side then the width of the pocket and shall over1ap the opening of a fully loaded pocket by 1 ". The flap shall be secured in the closed position with a 2"L X 1 "W hook attached to the pocket (vertical) and a 2"L X 1 "W Loop (Pile) attached to the underside of the flap (horizontally). DOUBLE LAYER KNEE PAD Two (2) layers of shell material sewn together before being attached to the knee. ADDITIONAL MIC TABS A 1 "W X 2"L double layer mic tab shall be constructed of shell material and located as described by the customer using bartacks at the attachment ends. City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 10 of 35 CITY OF CARLSBAD GENERAL PROVISIONS PLEASE READ CAREFULLY EXHIBIT C THESE PROVISIONS ARE A PART OF YOUR BID AND ANY CONTRACT Pursuant to the Notice to Bidders advertised in the official City newspaper, the specifications, bidding instructions and requirements on file with the City, the conditions of these General Provisions, and subject to all provisions of the Ordinances of the City of Carlsbad, the Bidder proposes to furnish to the City of Carlsbad, complete at the prices stated in the bid document, the items or services described in the bid document. The person signing the bid warrants that the bid is genuine and not sham or collusive, or made in the interest of, or on behalf of, any person, firm or corporation not named in the bid document; that the Bidder has not directly or indirectly induced or solicited any other Bidder to submit a sham bid, or any other person, firm or corporation to refrain from bidding, and that the Bidder has not, in any manner, sought by collusion to secure any advantage over other bidders. In submitting this proposal, the Bidder agrees that: A. Bidder has carefully examined the specifications and all provisions relating to the items to be furnished, or the work to be done, attached and incorporated into the proposal and understands the meaning, intent and requirements of them, and agrees to the same. B. Bidder will, for the prices quoted, enter into a written contract and furnish the item(s) or complete the work in the time specified, and in strict conformity with the City of Carlsbad specifications for the item(s) or work. 1. FORMS The Purchasing Officer will furnish forms and specifications for all proposals and no bids will receive consideration unless made upon forms so furnished. BIDS MUST BE SUBMITTED IN A SEALED ENVELOPE WITH BID NUMBER ON THE OUTSIDE, COMPLETE WITH THE SPECIFICATIONS AS FURNISHED AND DELIVERED TO CITY OF CARLSBAD PURCHASING DEPARTMENT OR DEPOSITED IN THE BID BOX AT 1635 FARADAY AVENUE, CARLSBAD CA 92008-7314. PRIOR TO THE TIME SET FOR OPENING. 2. PRICES All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections typed or written with ink next to them. Such modifications must be initialed in ink by the person signing the bid. Bids shall indicate the unit price extended to indicate the total price for each item bid. Any difference between the unit price correctly extended and the total price shown for all items bid shall be resolved in favor of the unit price, except when the Bidder clearly indicates that the total price for all items bid is based on consideration of being awarded the entire lot, and that an adjustment of the total price is being made in consideration of receiving the entire bid. City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 19 of 35 3. GUARANTEE OF GOOD FAITH (As required on Proposal Form) Cash, uncertified personal and company checks and certificates of deposit are not acceptable as a guarantee of good faith. Each proposal must be accompanied by an unconditional certified check, or a bank or postal money order, or bid bond executed as surety by a corporation authorized to issue surety bonds in the State of California. Such check, money order or bond shall be made payable to the City of Carlsbad and shall be in the amount specified on the Proposal Form. If the Bidder fails to execute the contract within ten (10) days from the date of the City's mailing of notice that the contract is ready for signature, the City will either award the contract to the next lowest Bidder or will reject all other bids and call for new bids. The Bidder who has failed to so execute the contract shall be liable to the City for the sum-not exceeding the amount of the check, money order or bond, by which the amount of the contract covering the proposal, executed by and between the City and a third party, may exceed the amount bid by the original successful Bidder. Such portion of check, money order or bond as equals the sum shall be declared forfeited to the City of Carlsbad and shall be collected and paid to the City. The Bidder may also be subject to debarment or suspension. IMPORTANT: Failure to furnish a proper guarantee of good faith with the bid when such is required will automatically void the bid. 4. ITEMS OFFERED If the item offered has a trade name, brand and/or catalog number, such shall be stated in the bid. If the Bidder proposes to furnish an item of a different manufacturer or vendor other than that mentioned in the bid specifications, Bidder must specify maker, brand, quality, catalog number, or other trade designation. Unless such is noted on the bid form, it will be deemed that the item offered is that designated in the bid specifications even though the bid may state "or equal". 5. SAMPLES Samples, when required, shall be furnished prior to bid closing date and time, or within time specified in the bid. The City reserves the right to reject bids submitted without the required samples, or to require samples for alternate bids or items offered as "equals". Samples of items, when required, must be furnished free of expense to the City. If they are not destroyed by tests, samples will, upon request, be returned at the bidder's expense. 6. ALTERNATIVE PROPOSALS To be responsive to the bid, Bidder must submit a proposal that meets all specific bid requirements. Bidder may propose "equals" as provided for in accordance with Item 8 of these General Provisions. Once Bidder has proposed a product which is responsive to the specification, Bidder may thereafter include with the bid any additional proposals or alternative products that are not "equals" but that Bidder believes can or may meet or exceed City's requirements, and which offer City additional advantages or benefits based on the state of the art that were not, or could not, be contemplated by City when the requirements were prepared. The City reserves the right to evaluate and accept or reject such alternatives, as City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 20 of 35 though they were part of the original specifications, without advertising for further bids, or to re-advertise based on such proposed state of the art alternatives when in the best interests of the City. Any awards so made will be based on cost analysis considerations that result in the optimum economic advantage to the City. 7. EXPIRATION OF BID All bids shall be considered as firm for a period of ninety (90) calendar days, commencing the day following the date of bid closing and expiring at midnight of the last day, unless otherwise stated in the body of the solicitation. The Bidder may specify a date that the bid expires, provided the date is specific and is entered on the Proposal or Request for Bid form. 8. BRAND NAME Whenever reference to a specific brand name is made in this Request for Bid, it is illustrative and to be construed as a specification which describes a component that has been tested or evaluated by the City as best meeting the specific operational, design, performance, maintenance, quality or reliability standards and requirements of the City, thereby incorporating these requirements by reference within the specification. An equivalent or "equal" may be offered by the Bidder, subject to testing and evaluation at the option of the City or prior to and after the award of bid. The City reserves the sole right to reject a substituted component that will not fulfill requirements. It shall be the sole responsibility of the Bidder to provide at Bidder's expense any product information, test data, and other information or documents the City may require to fully evaluate or demonstrate the acceptability of the offered substitute. Where appropriate, independent testing or evaluation at qualified test facilities, at Bidder's expense, including destructive testing, may be required as a condition of acceptance. 9. VERIFY BID PRICES Bidders must verify their price quotations prior to bid submission, as withdrawal or correction may not be permitted after the bid has been opened. 10. DELIVERY City of Carlsbad A. Bidder shall state delivery terms on the Proposal Form unless already specified, in which case delivery shall be made within the time set forth. Where time is stated in a number of days, it shall include Saturdays, Sundays and holidays. Delivery is part of the consideration and must be adhered to as specified. B. Bidder will not be held liable for failure to make delivery because of strikes, conscription of property, governmental regulations, acts of God, or any other cause beyond the bidder's reasonable control; provided a written extension of time is obtained from the City Manager. C. All prices shall be F.O.B. destination. Bids other than F.O.B. destination shall be considered non-responsive and will be rejected. Prices shall include all freight, delivery and set-up charges. Bid #18-03 Wildland Fire Protective Garments Page 21 of 35 11. FIRM PRICES AND PRICE ADJUSTMENT Prices on bid shall be firm prices not subject to escalation. In the event the specifications provide for escalation, the maximum limit shall be shown, or the bid shall not be considered. In the event of a decline in market price(s) below the price(s) bid, the City of Carlsbad shall receive the benefit of such decline. Manufacturer's general price increases to the trade or industry may be passed on to the City. Prices bid must be firm for the first ninety (90) days on an annual agreement; with a thirty (30) day notification of any price increases thereafter. If any price increase occurs, there will be a one (1) week, or one time, order protection provided at the last effective price. All price increases or notices must be in writing from not only the vendor but also the manufacturer. The City reserves the right NOT to accept the request. 12. TAXES Each bidder shall include all applicable sales taxes as a separate item in their bid. The amount of local city sales tax included in any bid submitted by a local (Carlsbad) vendor shall be credited by the City against said bid. The City is exempt from Federal Excise Tax. 13. MODIFICATION OR WITHDRAWAL OF BIDS Bids may be modified or withdrawn by written notice received prior to the exact hour and date specified for receipt of bid. A bid may also be withdrawn in person by a Bidder, or the Bidder's authorized representative, prior to the exact hour and date set for receipt of bids. 14. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids, modifications of bids, or withdrawals received at the office designated in the solicitation, after the exact hour and date specified for receipt, will not be considered. They will be rejected as a late bid and will be returned to bidder unopened. 15. NO BIDS If no bid is to be submitted, the bid should be marked "NO BID" and reason stated on the Proposal Form, which should be returned in order to maintain the Bidder's name in City's vendor file for further solicitations. A letter or postcard may be submitted instead a blank proposal form. If a Bidder fails to respond to two Requests to Bid without returning a "NO BID" response, the Purchasing Officer reserves the right to delete the Bidder from the vendor file for future solicitation. 16. CONFIDENTIAL INFORMATION Any information deemed confidential or proprietary should be clearly identified by the Bidder as such. It will be protected and treated with confidentiality only to the extent permitted by California state law considering public information. Otherwise the information shall be considered a public record. Any data to be returned should be so marked and will be returned if not essential to the bid or contract record. City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 22 of 35 17. SIGNATURE All bids must be signed, with the firm named as indicated. A bid by a corporation must be signed by a duly authorized officer, employee or agent, with his or her title. Obligations assumed by such signature must be fulfilled. 18. QUALITY Unless otherwise required in the specifications, all goods furnished shall be NEW and UNUSED and the BEST OF THEIR KIND. 19. LITIGATION WARRANTY The Bidder, by bidding, warrants that Bidder is not currently involved in litigation, arbitration, or an administrative proceeding concerning the materials, or Bidder's performance, concerning the same or similar material to be supplied pursuant to this contract or specification, and that no judgments, awards or administrative determinations have been made against Bidder, on the basis of Bidder's performance in supplying or installing the same or similar material, unless such fact is disclosed to the City in the bid. Disclosure will not disqualify the Bidder. The City reserves the right to evaluate bids, on the basis of the facts surrounding such litigation, arbitration, or administrative proceeding and to require Bidder to furnish the City with a surety bond executed by a surety company authorized to do business in the State of California and approved by the City of Carlsbad, in a sum equal to one hundred percent (100%) of the contract price, conditional on the faithful performance by Bidder of the contract, in the event the bid is awarded to Bidder, notwithstanding the litigation, arbitration, or administrative proceeding. 20. ROYALTIES, LICENSES AND PATENTS Unless otherwise specified, the Bidder shall pay all royalties, license and patent fees. The Bidder warrants that the materials to be supplied do not infringe any patent, trademark or copyright, and further agrees to defend any and all suits, actions and claims for infringement that are brought against the City, and to defend, indemnify and hold harmless the City from all loss or damages whether general, exemplary or punitive, as a result of any actual or claimed infringement asserted against the City, the Bidder, or those furnishing material to Bidder pursuant to this contract. 21. PERFORMANCE STANDARDS Performance of work, and acceptability of equipment or materials supplied, pursuant to any contract or award, shall be to the satisfaction of the City. 22. WARRANTIES City of Carlsbad A. All material, labor or equipment provided under the contract shall be warranted by Bidder, and/or manufacturer, for at least twelve (12) months after final acceptance by City, except automotive equipment which will be warranted for a minimum 12,000 miles or 12 months, whichever occurs first. Greater warranty protection will be Bid #18-03 Wildland Fire Protective Garments Page 23 of 35 accepted. Lesser warranty protection must be indicated by Bidder on the bid proposal as an exception. B. Bidder shall be considered primarily responsible to the City for all warranty service, parts and labor applicable to the goods or equipment provided by Bidder under this bid or award, irrespective of whether Bidder is an agent, broker, fabricator or manufacturer's dealer. Bidder shall be responsible for ensuring that warranty work is performed at a local agency or facility convenient to City and that services, parts and labor are available and provided to meet City's schedules and deadlines. City may require Bidder to post a performance bond after contract award to guarantee performance of these obligations. Bidder may establish a service contract with a local agency satisfactory to City, to meet this obligation if Bidder does not ordinarily provide warranty service. 23. ADDENDA The effect of all addenda to the bid documents shall be considered in the bid, and said addenda shall be made part of the bid documents and shall be returned with them. Before submitting a bid, each Bidder shall ascertain whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued, may render the bid invalid and result in its rejection. 24. SPECIFICATIONS TO PREVAIL The detailed requirements of the specifications shall supersede any specific requirement of these General Provisions which are in conflict therewith. The City reserves the right of being sole judge of bid meeting specifications. Requests for interpretation of bid specifications shall be made in writing to the Purchasing Officer at least five days prior to the date of the bid opening. 25. FAITHFUL PERFORMANCE BOND The successful Bidder may be required to furnish the City with security for the faithful performance of the contract, in a sum up to One Hundred Percent (100%) of the amount of the contract price. This security may take the form of a bond executed by a surety company authorized to do business in the State of California and approved by the City or Carlsbad, or a money order or certified check drawn on a solvent bank. Such bond or deposit shall be forfeited to the City in the event the Bidder fails or refused to fulfill the requirements and all terms and conditions of the contract. 26. AWARD OF CONTRACT City of Carlsbad A. Bids will be analyzed and the award will be based on the best value to the City. The decision will be based on objective and other predetermined criteria as set forth in the Invitation to Bid. Factors to be considered include, but are not limited to: cost, conformance to the solicitation, supplier's qualifications, past performance, customer service and warranties. Bid #18-03 Wildland Fire Protective Garments Page 24 of 35 B. The City reserves the right to perform a pre-award survey of the bidder to determine capability to perform, including but not limited to, facilities, financial responsibility, materials/supplies, and past performance. The determination of the City as to the bidder's prospective ability to perform the contract shall be conclusive. C. The City reserves the right to reject any item or items therein; to waive informalities, technical defects and minor irregularities in bids received; and to select the bid(s) deemed most advantageous to the City. The City will however consider bids submitted on an "all or nothing" basis if the bid is clearly designated as such. D. The City reserves the right to award one or more contracts on the bids submitted, whether by award of all items to one Bidder, or by award of separate items or groups of items to various Bidders, as the interests of the City may require, unless the Bidder clearly specifies otherwise in his bid. E. Upon acceptance by the City of Carlsbad, the solicitation, bid, proposal, or price quotation, and a purchase order issued to the successful Bidder within the time specified, shall be deemed to result in a binding contract without further action required by either party. Items are to be furnished as described in the bid and in strict conformity with all instructions, conditions, specifications and drawings contained in the complete contract. 27. DOCUMENTATION Due to the time constraints that affect contract performance, all required documents, certificates of insurance and bonds or deposits shall be provided to the City (Attention: Purchasing Department) within ten (10) days following award, or date of request, by City, whichever is later. Any failure to comply may result in bid being declared non-responsive and rejected, and/or at City's option the bid bond will be attached for damages suffered. 28. PURCHASE ORDERS All goods and services will be ordered by means of a Purchase Order. (THE CITY WILL NOT BE RESPONSIBLE FOR ARTICLES OR SERVICES FURNISHED WITHOUT A PURCHASE ORDER.) 29. SELLER'S INVOICE Invoices shall be prepared and submitted in duplicate to: Accounts Payable, City of Carlsbad, 1635 Faraday Avenue, Carlsbad, CA 92008-7314. Separate invoices are required for each Purchase Order. Invoices shall contain the following information: Purchase Order number, item number, description of supplies or services, sizes, units of measure, quantities, unit prices and extended totals. 30. INSPECTION AND ACCEPTANCE Inspection and final acceptance will be at destination unless specified otherwise, and will be made by the City department shown in the "Ship To:" address or other duly authorized City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 25 of 35 representative of the City. Until delivery and final acceptance, and after any rejection, risk of loss will be on the Bidder, unless loss results from the sole negligence of the City. 31. LOST AND DAMAGED SHIPMENTS Risk of loss or damage to items prior to the time of their receipt and final acceptance by the City is upon the Bidder. The City has no obligation to accept damaged shipments and reserves the right to return, at the Bidder's expense, damaged merchandise even if the damage was not apparent or discovered until after receipt of the items. 32. LATE SHIPMENTS Bidder is responsible to notify the City department receiving the items and the Purchasing Officer, of any late or delayed shipments. The City reserves the right to cancel all or any part of an order if the shipment is not made as promised. 33. COMPLIANCE WITH INDUSTRIAL SAFETY CODES All equipment, instruction manuals, spare parts and other items furnished shall, where applicable, conform with the Safety Orders of the California Division of Industrial Safety. Material Safety Data Sheets (MSDS) shall be supplied, for each applicable item, with the initial order. All containers shall be labeled per OSHA specifications. 34. WAIVER The failure of the City to enforce a particular condition or provision of any contract awarded hereunder shall not constitute a waiver of that provision or condition or its enforceability by the City. 35. CONSEQUENCES OF VIOLATIONS OF LAW REGARDING ANTI-COMPETITIVE BUSINESS PRACTICES OR UNFAIR TRADE PRACTICES Any acts or omissions of Bidder in violation of federal, state or municipal law, or City policies and regulations regarding anti-competitive practices, unfair trade practices, collusion, contingent fees, gratuities, kickbacks, contemporaneous employment or similar violations creating an unfair influence on the public bidding and award process, pertaining to this contract or proposal, may void this contract. In addition to all other remedies or damages allowed by law, Bidder shall be liable to City for all damages City thereby suffers or incurs, including costs for substitute performance, and may also be subject to debarment. 36. CONFLICT OF INTEREST No employee, or member of the employee's immediate family, or elected or appointed member of City government, may participate directly or indirectly in the procurement process pertaining to this bid, if they: City of Carlsbad A. Have a financial interest, or other personal interest, which is incompatible with the proper discharge of their official duties in the public interest, or would tend to impair their independence, judgment or action in the performance of their official duties. Bid #18-03 Wildland Fire Protective Garments Page 26 of 35 B. Are negotiating for, or have an arrangement concerning, prospective employment with Bidder. The Bidder warrants to the best of his knowledge that the submission of the bid will not create such conflict of interest. In the event such a conflict occurs, the Bidder is to report it immediately to the Purchasing Officer. For breach or violation of this warranty, the City shall have the right to annul this contract, at its discretion, without liability. Bidder may also be subject to damages and/or debarment or suspension. 37. CITY PROVISIONS TO PREVAIL Except as specified in the specifications, the City's standard General Provisions shall govern any contract award. Any standard terms and conditions of Bidder, submitted by Bidder, shall not be acceptable to City unless expressly assented to by City by separate documents. The City reserves the right to reject Bidder's bid as non-responsive, to consider the bid without Bidder's standard terms and conditions, or to require Bidder to delete reference to such, as a condition of evaluation or award of the bid. If, after award of contract, Bidder (contract vendor) shall provide materials, or services, accompanied by new or additional standard terms or conditions, they too shall be considered void, and City may require deletion thereof as a further condition of performance by vendor. To the extent not otherwise provided for by the contract documents, the California Commercial Code shall apply. 38. AMENDMENTS AND MODIFICATIONS The Purchasing Officer may at any time, by a written order, and without notice to the sureties, make a modification to the contract or an amendment to the Purchase Order, within the general scope of this contract, in (1) drawings, designs, or specifications, where the supplies to be furnished are to be specially manufactured for the City in accordance therewith; (2) method of shipment or packing; and (3) place of delivery. If any such change causes an increase or decrease in the cost of, or the time required for, performance of this contract, whether changed or not changed by any such order, an equitable adjustment shall be made by written modification of the contract or amendment to the Purchase Order. Any claim by the Bidder for adjustment under this clause must be asserted within 30 days from the date of receipt by the Bidder of the notification; provided that, if Purchasing Officer decides that the facts justify such action, the Purchasing Officer may receive and act upon any such claim, if asserted prior to final payment under this contract. Failure to agree to any adjustment shall be a dispute, concerning a question of fact, within the meaning of the clause of these provisions entitled "Disputes". However, nothing in this clause shall excuse the Bidder from proceeding with the contract as changed. 39. DISPUTES Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract, which is not disposed of by agreement, shall be decided by the Purchasing Officer, who shall reduce this decision to writing or mail or otherwise furnish a copy thereof to the Bidder. The decision of the Purchasing Officer shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Bidder mails or otherwise furnishes to the Purchasing Officer a written appeal addressed to the City City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 27 of 35 Manager. The decision of the City Manager, or his duly authorized representative for the determination of such appeals, shall be final and conclusive. In connection with any appeal proceeding under this clause, the Bidder shall be afforded an opportunity to be heard and to offer evidence in support of the Bidder's appeal. Pending final decision of a dispute hereunder, the Bidder shall proceed diligently with the performance of the contract, and in accordance with the Purchasing Officer's decision. 40. TERMINATION FOR DEFAULT A. The City of Carlsbad, California, hereafter referred to as the City may by written notice of default to the Bidder (subject to the provisions of paragraph (C) below) terminate the whole or any part of this contract, in any one of the two following circumstances: 1. If the Bidder fails to make delivery of the supplies or to perform the services, within the time specified herein, or any extension thereof; or 2. If the Bidder fails to perform any of the other provisions of this contract, or so fails to make progress to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten (10) days after receipt of notice from the Purchasing Officer specifying such failure. B. In the event the City terminates this contract, in whole or in part, as provided in paragraph (A) of this clause, the City may procure, upon such terms and in such manner as the Purchasing Officer may deem appropriate, supplies or services similar to those so terminated, and the Bidder shall be liable to the City for any excess costs for such similar supplies or services; provided, that the Bidder shall continue the performance of this contract to the extent not terminated under the provisions of this clause. C. The Bidder shall not be liable for any excess costs, if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the Bidder. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the City in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restriction, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyohd the control and without the fault or negligence of the Bidder. D. If, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Bidder was not in default under the provisions of this clause, or that the default was excusable under the provisions of this clause, the rights and obligations of the Bidder shall be the same as if notice of termination for convenience had been issued pursuant to such clause. 41. TERMINATION FOR CONVENIENCE The Purchasing Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the City. If this contract is for supplies and is so terminated, the Bidder shall be compensated in accordance with his auditable costs to point of City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 28 of 35 Notification of Termination. To the extent that this contract is for services and is so terminated, the City shall be liable only for payment in accordance with the payment provisions of this contract, for the actual services rendered to the effective date of termination. 42. LABOR PRACTICES The Bidder shall comply with all Federal and State Laws, and City Ordinances where applicable, relating to fair labor practices and discrimination in the employment of persons. 43. INSURANCE Unless otherwise provided, Bidder shall cause City to be named as an additional insured on liability and/or products liability insurance concerning Bidder's performance, products, or equipment in amounts, scope and duration as may be required by the Purchasing Officer. Bidder shall provide evidence of Workers' Compensation Insurance covering all employees. 44. LIABILITY AND INDEMNIFICATION Bidder agrees to defend, indemnify, protect and hold City, and its agents, officers and employees, harmless from and against any and all claims asserted, or liability established for damages or injuries to any person or property, including injury to Bidder's employees, agents or officers which arise from or are connected with, or are caused or claimed to be caused by the acts or omissions of Bidder, and its agents, officers or employees, in performing the work or services or supplying the materials or equipment herein, and all expenses of investigating and defending against same; provided, however, that Bidder's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. This shall not prejudice the right of the City to appear in such suit, participate in the defense, and take such actions as may be necessary to protect the interests of the City. 45. EQUAL OPPORTUNITY POLICY The City of Carlsbad will not discriminate with regard to race, religious creed, color, national origin, ancestry, disability, marital status, veteran's status, sex, or sexual orientation or age in the award of contracts. 46. ANNUAL APPROPRIATION OF FUNDS Multi-year term supply and service contracts and leases are subject to annual appropriation of funds by the City Council. Payments made under term contracts and leases are considered items of current expense. Purchase Orders are funded when issued, therefore are current expense items and are not subject to any subsequent appropriation of funds. In the event sufficient funds are not appropriated for the payment of lease payments, or anticipated term contract payments, required to be paid in the next occurring lease or contract term, and if no funds are legally available from other sources, the lease or contract may be terminated at the end of the original term or renewal term and the City shall not be obligated to make further payments beyond the then current original or renewal term. The City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 29 of 35 City will provide notice of its inability to continue the lease or contract at such time as the Purchasing Officer is aware of the non-appropriation of funds. However, failure to notify does not renew the term of the lease or contract. If a lease is canceled, the events of default will occur as described in the lease and/or Item 40 of these General Provisions. The City has no monetary obligation in event of termination or reduction of a term contract, since such contracts represent estimated quantities and are not funded as a contract except to the extent of the Purchase Orders already issued. 47. TEN PERCENT (10%) RETENTION The City reserves the right to withhold a ten percent (10%) retention on all Purchase orders until the supplies, services or equipment have been accepted. 48. QUANTITIES Estimated quantities are given as a basis for comparison of bids. The City does not, expressly or by implications, agree that the actual quantities will be purchased. City of Carlsbad Bid #18-03 Wildland Fire Protective Garments Page 30 of 35