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HomeMy WebLinkAbout1998-07-14; City Council; 14761; CONTRACT AWARD FOR PURCHASE OF PROTECTIVE CLOTHING FOR STRUCTURAL FIRE FIGHTING, , Clu OF CARLSBAD - AGEW BILL Y'jjLiS I I''' -.. - L AB # /$ ?b I DEPT. I TITLE- MTG. ?-!Y-f6 ' CONTRACT AWARD FOR PURCHASE OF PROTECTIVE CLOTHING FOR STRUCTURAL CITY A I DEPT. PUR 1' FIRE FIGHTING IClTY M I I a IbB 5 E r ~~ ~~ ~ RECOMMENDED ACTION: Staff recommends Council adopt Resolution No. 48 -23 0 , awarding the contract fo furnishing protective clothing for structural fire fighting for the period July 15, 199; through July 14, 1999, with the option to renew the contract for three (3) additional onc (1) year periods to L N Curtis & Sons. ITEM EXPLANATION The City of Carlsbad has been the lead agency in the cooperative bids for firefighter protective clothing for several years. Based on responses to a questionnaire from 2 participating agencies, it is estimated that more than 400 sets of garments will k purchased from this contract. The anticipated orders would result in purchases excess of $320,000. Each individual public agency will place their respective order(! with the vendor. The San Diego County Fire Equipment Committee conducted three months of testir samples supplied by four manufacturers of protective garments. After reviewing eac garment's design and features, new specifications were developed. The specificatior were sent to the manufacturers for review and comments in order to determine whethc they would be able to submit a responsive bid. One vendor, L. N. Curtis & Son indicated they would be able to build garments to the specifications. All other vendc who responded took exceptions to several items which would have an impact on tl safety and functionality of the garment. In accordance with Section 3.28.090 of the Municipal Code when a commodity can I obtained from only one vendor, bidding was not required and Staff negotiated direc with L. N. Curtis & Sons. I FISCAL IMPACT The City of Carlsbad's Fire Department anticipates spending approximately $8000 i these garments next fiscal year. Funds will be available in the Fire Department's Fi Suppression Special Supplies Account. I EXHIBITS z 0 F: 0 4 e Z 3 0 0 1. Resolution No. 9 8. ' 23 0 2. Agreement < 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , I 0 0 I RESOLUTION NO. 98-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY C PROTECTIVE CLOTHING FOR STRUCTURAL FIRE FIGHTING I CARLSBAD, CALIFORNIA, APPROVING THE PURCHASE C WHEREAS, Specifications were developed for Protective Clothing for Structur, Fire Fighting; and WHEREAS, Section 3.28.090 of the Carlsbad Municipal Code provides th; materials and services costing over twenty-five thousand dollars which can be obtain€ from only one vendor do not require bidding; NOW THEREFORE BE IT RESOLVED, as follows: 1. That the City Council approves the Agreement for Furnishing Protectiv Clothing for Structural Fire Fighting and the Purchasing Officer is hereb authorized to execute a Purchase Order for these items as the need arise for a period of one year beginning July 15, 1998 through July 14, 1999 whic may be renewed by the City Manager for three (3) additional one (1) ye; periods, with revised prices to be set after mutual agreement at each renewal. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of tht City of Carlsbad held on the 14th day of July , 1998, by the followin! vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None ATTEST: ALETHA L. W’UTENKRANZ, City Clerk 1 ’ (SEAL) July 17, 1998 L.N. Curtis & Sons 1800 Peralta Street Oakland, CA 94607-1 603 RE: CONTRACT FOR PROTECTIVE FIRE FIGHTING CLOTHING Enclosed for your reference are copies of Agenda Bill 14, 761 and Resolution No. 98-230 which went before the Carlsbad City Council on July 14, 1998, and were approved on that date. Also enclosed is a copy of the fully executed contract for the purchase of protective clothing for structural fire fighting. If you have specific questions regarding the contract please call Mr. Jim Sartorial, Purchasing Department, at (760) 434-2805. c*mm- -sz3 F&.,-T-. KATHLEEN D. SHOUP Sr. Office Specialist " 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (760) 434-2801 0 e L AGREEMENT FOR FURNISHING PROTECTIVE CLOTHING FOR STRUCTURAL FIRE FIGHTING THIS AGREEMENT, made and entered into this j '1 fiday of r U i.-y , 1998, by an between the CITY OF CARLSBAD, California, a municipal corporation, hereinaftt referred to as 'City" and L N Curtis & Sons, a Corporation, hereinafter referred to E "Contractor". 1. PARTICIPATINGAGENCIES The Contractor agrees to furnish protective clothing for structural fire fighting to tl Fire Departments of Carlsbad, Alpine, Bonita, Chula Vista, Corona, Del Mar, El Cajo' Encinitas, Escondido, Imperial Beach, La Mesa, National City, Palm Springs, Powa, Ramona, Rancho Santa Fe, San Marcos, San Miguel, Santee, Solana Beach, Vist and to the North County Fire Protection District. 2. AGREEMENT This Agreement shall include Attachment "A", Proposal, Attachment "B Specifications for Structural Fire Fighting Jacket and Pant and Attachment "C General Provisions, all attached hereto and incorporated by reference herein 3. DURATION This Agreement shall be for a period of one (1) year commencing July 15,1998 an Agreement for three (3) additional one (1) year periods upon mutual agreemer between the City and the Contractor herein, such agreement to be confirmed six (60) days prior to the termination of the contract period. ending on July 14, 1999. At the end of one (1) year, the City may renew th 4. PRICE Prices shall be firm through the initial contract period (July 15, 1998 through July Id 1999). 5. ORDERING Each participating agency will indicate its specific requirements on its purchasin documents. The City assumes no responsibilitiesfor any order placed by any of th participating agencies. Delivery address and instructions will be indicated on eac agency's order. There will be no minimum order and all items must be available far th contract period (approximately June 1, 1998 through May 31 , 1999). All items will b delivered F.O.B. Destination, Freight Prepaid and Allowed, and at the prices set forl in the proposal. 0 e D LIQUIDATED DAMAGES Deliveries are required seventy five (75) calendar days after receipt of order. Time of the essence on orders and delay in delivery will cause injury to the ordering agent Resulting damages cannot be calculated with any degree of certainty. The vend( shall be subject to liquidated damages to be deducted from the contract price in tt- sum of $0.50 per jacket and $0.50 per pant for each calendar day that delivel exceeds the seventy five (75) day requirement. Should the Contractor be obstructed or delayed in the work required to be don hereunder by any act or omission of the City or by strikes, an act of God, or by th inability to obtain materials or equipment, then the time of completion shall b extended for such period as may be agreed. 6. ADDITIONALAGENCIES Any other public agency (i.e., city, district, public authority, public agency, municip utility and other political subdivision or public corporation of California) located in tt State of California shall have the option to participatein any award made as a result t this solicitation. The City of Carlsbad shall incur no financial responsibility i connection with purchase by another public agency. The public agency shall accer sole responsibilityfor placing orders or payments to the vendor. 7. INDEPENDENTAGENCIES It is expressly understood and agreed that the Contractor herein named in th furnishing of all labor and materials provided in this Contract, is acting as a independent Contractorand not an agent, servant or employee of the City. 8. ASSIGNMENT This agreement or any part thereof shall not be assigned by Contractor without pric written consent of the City. 9. ENTIRE AGREEMENT This Agreement may be amended or modified only by written agreement signed b both parties, and failure on the part of either party to enforce any provision of thi Agreement shall not be construed as a waiver of the right to compel enforcement ( such provision or provisions. IO. CONFORMANCE WITH LAW The Contractor shall comply with all federal, state, county and city statute3 ordinances and regulations, including worker's compensation. The Contractor shall bs aware of the requirements of the Immigration Reform and Control Act of 1986 an shall comply with,those requirements, including but not limited to verifying the eligibilit for employment of all agents, employees, sub-contractors and consultants that ar included in this Agreement. 0 0. 1 1. TERMINATION This Agreement may be terminated by either party by giving thirty (30) days writte notice to the other, and this Agreement shall terminate forthwith thirty (30) dab followins the date such notice is given. IN WITNESS WHEREOF, the parties hereto have executed this agreement in the da and year first above written. CONTRACTOR: CITY OF CARLSBAD, a municipi L N CURTtS & SONS Paul F, Curtia, President ATTEST: (print nameltitle) n By: (sign here) LikmL?. A* ALETHA L. RAUTENKRANZ " City Clerk (print nameltitle) /7 /'27f DATE B I (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign fc corporations. If only one officer signs, the corporation must attach a resolution certifie by the secretary or assistant secretary under corporate seal empowering that officer 1 bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney -. . CALIFORNIA ALLPURPO @ ACKNOWLEDGMENT Q State of ~ California County of Alameda On July 3. 1998 before me, Joann Lo$, Notary Public DATE NAME, TITLE OF OFFICER ~ E.G.. 'JANE DOE, NOTARY PUBLIC" personally appeared Paul F. Curtis Q personally known to me - OR - 0 proved to me on the basis of satisfactory evide to be the person@) whose name(@ is/! subscribed to the within instrument and knowledged to me that he/ske&!my exec1 the same in his/t%w##z& authori, capacity@&), and that by his/bz&d signaturea on the instrument the person or the entity upon behalf of which person@ acted, executed: the instrurnc WITNESS my hand and official seal. NAME(S) OF SIGNER(S) Though the data below is not required by law, it may prove valuable to persons relying on the document and could pl fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUME CORPORATE OFFICER CITY OF CARLSBAD CONTRACT President TITLE OR TYPE OF DOCUMENT TITLE(S) 0 ATrORNEY-IN-FACT NUMBER OF PAGES 6/30/98 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTTY(IES) SIGNER(S) OTHER THAN NAMED ABOVI 01 993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 71 84 Cancga Park, C TELEPHOUE (510) 839-5111 FACSIMILE (510) 839-5325 WI!zfl" BRANCHES SEATTLE, w> SALT LAKE C EMERGENCY EQUIPMENT& SERVICE Since 1929 1800 PERALTA ST. OAKLAND, CA 94607-1603 To Whom It May Concern: The following is a true copy of original resolution adopted June 14, 199i, by Boafd of Directors of L .N. CURTIS & SONS, a California Corporation. RESOLUTION NO. 8-9& Resolved by the Board of Directors of L.N. CURTIS & SONS CORPORATION that the following are authorized to submit for the Corporation bids, proposals, or quotations, for sales of goods by the Corporation and the signature of any one of the below named perscns uill be binding upon the Corporation: Roger W. Curtis Chairman Paul F. Curtis President Steven L. Chandler Senior Vice President Donald E. Miller Vice President Timothy D. Beth Vice President William M. Curtis Vice President Certified true and correct. .-. a - __. ... ._ ... ._. ..................... ..." ......_... ............. .- ............... ................................................... /* - - _ ." ._ -. .... .". ._ -. bger W. Curtis, -z>etary Pa F. r 's P ldent u I certify that the above Resolution No, 8-91 is in full force and effect and has not been rescinded or modified. -7*.., ...-........ "..... /-.~&L" _._. .II_ "."_ "." -.3 jyp Rogef W. Curtis, Secretary 2k ( ate) MUNICIPAL AND INDUSTRIAL FIRE PROTECTION AND SAFETY EQUIPMENT FOR MUNICIPAL & INDUSTRIAL e FIRE DEPT. SUPPLIES EMERGENCY EQUIPMENT AND SERVICE . .." - " .. -. . _".. ._ .-._. 0a &XI IliXVIU ESTA 1 1800 PERALTA ST. - OAKLAND, CA 94607-1 603 ' &JOTATION (51 0) 839-51 11 (800) 443-3556 Page 1 of 2 pages FAX (510) 839-5325 DATE DELlVERY F.O.B. TEAMS 6/30/98 Within 75 days of acceptancc Destination Net 30 r 1 TO I City of Carlsbad Purchasing Department Attn: Mr. Jim Sartorio 1200 Carlsbad Village Dr. Carlsbad, CA 92008-1989 QUANTITY CATALOG NO. FAX: 1-760-434-1 987 DESCR,PT,ON Any 127849 I ~~ PHO: 1-760-434-2803 ~ ~~~ ~~ - This is our offer to furnish Protective Clothing for Structural Fire Fighting in accordance with your three (3) page Agreement Form, sixteen (16) page specifi- cations and two (2) page Option list. Pricing is firm through July 14, 1999. Globe 35", 7 oz., yellow Advance Traditional Coat -Crosstech on E-89 spunlace moisture barrier -Four snaps at cuffs, three snaps at hem -Self cuffs -Self hanger loop outside -Liner shoulders upper back and chest padded -Cal-OSHA and NFF'A labels -Action back -Padded shoulders two layers Arafill -2" x 11" x 9" expansion pockets lowered to hem -Pockets lined with Kevlar twill pouch lower half -Divider in right pocket 3.5" from front, -Caldura qui 1 t thermal liner for liner stability with layer of Aralite (full upper liner) with trim -split flap, -bartack four pocket comers, -two pieces of 1.5" x 5" hook vertically on flap, -two pieces 3" x 3" pile on pockets, -6.5" flaps -13P-L radio pocket on left chest, -bartack four corners, -6.5" flap, -2" X 4" hook, -2" x 3" pi le on pocket -Crosstech filler in facing and storm flap -W style lime/yellow Triple Trim (cont 'd page 2) I I I 63502.50 ~ ~ ~ ~" FOR MUNICIPAL . & INDUSTRIAL &a*p"" ' EMERGENCY EQUIPMENT AND SERVICE ESTA 1 FIRE DEW. SUPPLIES 1800 PERALTA ST. - OAKLAND, CA 94607-1603 ' &JOTATION (51 0) 839-51 FAX (51 11 Q) 839-5315 (800) 443-3556 Page 2 of 2 pages DATE F.O.B. TERMS 6/30/98 Met 30 Destination 75 avs of ac- r 1 This quotation subect to acceptance within 3 TO: City of Carlsbad contingent upon strikes. fires, accidents or 0th reasonable control of the company. L.N. Curtis and Sons retatns ownership and till All prtces Toted subject to appltcable Federal Purchasing Department until fully,paid for in legal money of the United State5 Attn: Mr. Jim Sartorio City Taxes and Icenses. 1200 Carlsbad Village Dr. . Carlsbad, CA 92008-1989 (cont'd from page 1) -Crosstech on E-89 spunlace moisture barrier -Caldura quilt thermal liner -2" x 6" x 8" expansion pockets lined with Kevlar twill pouch lower half, -divider in middle of right pocket, -split flap, -bartack four pocket comers, -2" x 4" pile closure, -2" X 4" hook, -Expansion knee/reverse boot cut -3" lime/yellow Triple Trim around legs -Self knee patches Padded with three layers Arafill NOTE: For options please see enclosed pages. e 0 OPTIONS LIST COAT OUTER SHELL MATERIAL 7.5 oz. Nomex IIIA, Plain weave 6.0 02. PBVKevlar, Ripstop weave 7.5 02. PBI/Kevlar, Ripstop weave 38" COAT LENGTH Advance 7.5 02. Nomex IIIA, Plain weave 6.0 oz. PBI/Kevlar, Ripstop weave 7.5 oz. PBVKevlar, Ripstop weave POCKETS Additional radio pocket, mounted Move position of radio pocket Flashlight pocket, mounted Air mask pouch, mounted Air mask pouch, detachable $ -1 9.55 $ +77.23 $ +90.77 $ +25.40 $ +4.75 $ +106.70 $ +I21 .oo Nomex or Advance - PBI $ +I 6.95 $ +21.65 $ +3.50 $ +3.50 $ +I 0.65 $ +I450 $ +18.10 $ +25.85 $ +22.70 $ +29.65 PAD strap, mounted $ +3.00 $ +4.00 Glove strap, mounted $ +5.30 $ +6.40 Radio microphone clip, mounted $ +3.00 $ +4.00 WRISTLETS Nomex Spandex handlwrist guard $ +5.55 $ +5.55 TRIM Reflexite Powertrim in place of Triple Trim $ +4.25 $ +4.25 Reflective lettering name patch on coat bottom $ +5.00/patch plus $ +8.90/oatcl $ +I .OO/letter $ +I .00/lettel Broken circumferential trim pattern $ +7.75 $ +7.75 (option 2, fig 4-1.14.5, NFPA 1971 1997 ed.) 0 Q OPTIONS LIST COAT (continued) Nomex or Advance FRONT CLOSURE Zipper inside, Velcro outer closure $ +4.15 Zipper inside, Hook and Dee outer closure $ +4.35 Hook & dees inside closure, Velcro outer closure $ +I 3.03 COAT CUFF Arashield in place of self material $ +1 SO Leather in place of self material $32 PANTS OUTER SHELL 7.5 oz Nomex Illa, Plain weave !$ -1 9.55 6.0 02. PBVKevlar, ripstop weave $ +67.03 7.5 oz. PBVKevlar, ripstop weave $ +75.05 Zippered leg closure $ +36.56 KNEE PATCHES Polymer coated kevlar, "Arashield" in place of outer shell material $ +I .43 Leather knee patch $ +3.66 PANT CUFF Arashield in place of self material $ +1.58 Leather in place of self material w TRIM Reflexite Powertrim in place of Triple trim $ +I .oo WAIST Two take up straps w/ Delrin hardware $ +4.57 POCKETS Patch pocket in place of expansion pocket $2 1 .78 Patch pocket in addition to expansion pocket $ +I 1.59 Flashlight strap, mounted $ +3.69 - PBI $ +4.15 $ +4.35 $ +I 8.84 w Ii.9 $ +42.20 w Ii9 $32 m $ +I .oo $ +5.56 $ -28.39 $ +19.32 $ +4.72 0 e ATTACB STRUCTURAL PROTECTIVE CLOTHING SPECIFICATIONS' PART 1: GENERAL REQUIREMENT§ GENERAL This specification applies to protective clothing for structural firefighting. All components sha meet the performance, design, inspection, and testing criteria set forth by NFPA 1971 (199 Section 3406(B) of the State of California Division of Industry Safety, Title 8, Chapter 4 Subchapter 7, New article 10.1 , or as stated in this specification. APPROVAL The City of Carlsbad contract requires that the manufacturer provide third party independel testing for all Structural Firefighting Clothing purchased from this contract. edition) PROECTIVE CLOTHING FOR STRUCTURAL FIREFIGHTING, except as modified k All components used in the construction of these garments shall be tested for compliance 1 NFPA Standard #I971 (1997 revision) by Underwriters Laboratories (UL). Undenrvritel Laboratories shall certify and list compliance to that standard. Such certification shall t denoted by the Underwriters Laboratories certification label. Approvals shall be compliant with Cal-OSHA General Industry Safety Orders Title 8 (Regisb 90, No. 8-2-24-90}, 3206 (a) (l), (2), and (b). Structural Fire Protective Clothing shall meet or exceed all requirements specified in NFP 1971 (1997 edition). CERTIFICATION Manufacturer shall furnish written certification that all materials utilized in the construction of tt garment, and that the finished garment complies with the criteria as specified in the GENEW provisions of this specification. Garments that are labeled and listed as being compliant with an NFPA Standard shall meet exceed all requirements specified in the latest revision of that standard and shall be certified. LABELS Appropriate product label(s)as required by NFPA 1971-1997 edition shall be permanenj affixed to each garment. Additionally, the label(s) shall include the following information. Underwriters Laboratories classified mark Manufacturer's name Manufacturer's address Manufacturer's garment identification number Date of manufacture Size Material content Each garment will also have a label indicating its compliance to Cal-OSHA requirements. 1 Specifications developed by the San Diego County Fire Equipment Committee 1- 41 '0 0 INSPECTION AND TESTING Sampling levels for testing and inspection shall be established by the certification organizatior and the manufacturer to assure a reasonable and acceptable reliability at a reasonable anc acceptable confidence level that products certified Po the Standard are compliant. Thi! information shall be provided to the purchaser on request. Testing for determining material and component compliance with the requirements specifiel shall be performed on samples representative of materials and components used i construction of the garments. The certification organization shall be permitted to also us sample materials cut from a representative garment. DELIVERY Successful bidder shall complete delivery of orders within (75) calendar days of date of receil of purchase order from public agency. DELIVERY INSPECTION All structural protective garments received, shall be inspected before acceptance by E authorized representative of the ordering agency for workmanship, appearance and propc functioning of all components, and conformance to all requirements of these specifications. Should deficiencies be found, it shall be the responsibility of the manufacturer/supplier to rf the units to the participating agency within 14 days of notification, for reinspection ar acceptance. Note: Payment and/or commencement of discount period (if applicable) will not be made un all corrections have been made and units accepted. SAMPLE The rnanufacturer/bidder shail provide one completed sample garment complying to tt specification for evaluation by the City of Carlsbad and the San Diego County Fire Equipme Committee prior to award of contract. Sample garments shall measure, Coat: 46' chest, 3 length, Pants: 36" x 30". Sample garments may be dismantled during the evaluation prom$ Recovery of the garment will be the responsibility of the supplier. ACCEPTANCE As the authority having jurisdiction the City of Carisbad , after evaluation, inspection and, testing, reserves the right to determine compliance with all provisions of this specification. If t sample garment is acceptable, it will be received and retained as a reference garment, if it not acceptable it will be returned to the manufacturer at the manufacturer's expense. pack and return the units in question, make necessary corrections or replacements and retu 2 4, e m RESERVE STOCK Successful bidder shall maintain in inventory or, have on order to restock said inventory, (61 sets of STRUCTURAL FIREFIGHTING CLOTHING built to the basic specifications. The following shall represent the sizes and quantity of reserve stock inventory: COAT: SIZE QUANTITY ON HAND 40 x 32 5 42 x 35 10 44 x 35 15 46 x 37 15 48 x 37 15 30 x 28 5 32 x 3Q 15 34x30 15 36 x 32 15 38 x 32 5 40 x 32 5 PANTS: WARRANTY A one (I) year warranty of materials and workmanship shall be given. This warranty, including warranty registration postcard, shall be fully explained on a card attached to each garment. Ti vendor shall be responsible for all transportation costs incurred during the warranty period. , warranty work shall be completed and the garment returned to the participating agency witt 10 calendar days of receipt. The ordering agency shall be furnished a "No Charge" invoice for all work performed unc warranty indicating type of work performed and items replaced. GUARANTEE Manufacturer delivering merchandise against this specification shall guarantee that it meets requirements set forth herein. If it is found that the merchandise does not meet t requirements, the supplier will be required to correct merchandise at the supplier's expense. 3 4 0 a GENERAL SPECIFICATIONS THREAD All garments shall be constructed using Nomex 2414 Tex 80 thread for long term seam reliabilit and resistance to ultraviolet light, chemical and elongation degradation. x Comply Exception HOOK AND PILE TAPE Hook and Pile tape closures shall be manufactured by Velcro, USA, designation HK 088-829 and LP 001-8299 and shall be FR treated. The hook and pile fastener tape shall meet th requirements of MIL-F-21840G, fastener Tapes, Hook and Pile, Synthetic. Hook and Pile tap shall be black in color. Class 2 hook and pile fastener tapes shall not be permitted. x Comply Exception STITCHING Shall meet all applicable, requirements of NFPA 1971 (1997 edition). There shall be 8-10 stitches per inch. All seams utilized in the construction of the garment shall be double stitched. All exposed edges shall be finished. X Comply Exception REINFORCEMENT All outer shell stress points, including top and bottom pocket comers, pocket flap comers, tc and bottom storm flap and fly comers , shall be reinforced with a minimum of a 28 stitc bartack. Rivets shall not be utilized for reinforcement to avoid structural damage to the garmer x Comply Exception SNAP FASTENERS The snap fasteners used in the coat cuff area and the trouser leg shall be Scovil type #5! socket and Scovit type ##3872 eyelet. The liner systems of both coat and trouser shall hat Scovil type #393 studs and Scovil type #353 posts. All snap fasteners shall meet tl requirements of Fastener Snap, MS 27980E. Equivalent type snap fasteners may be used wi the consent of the City of Carfsbad . X Comply Exception SUNG Custom measurements shall be provided if requested. Vendor shall be responsible for measuring any turnout orders within 48 hours of contact participating agency. 4 41 0 0 Standard coat length, measured from neck line to bottom hem shall be 35. Coat length shz also be available in 32 or 37 inch lengths if requested. Coat sizing shall be available in even chest measurements of 2 inch increments and shall rang from size 30 to 60. Coats that are smaller or larger than average sizes shall have lengths th, are proportioned and shall extend at least 8 over the pant. Sleeve length shall be proportionate to chest size, with longer or shorter sleeve lengtt available in one inch increments. The trousers shall be available in even size waist measurements of two inch increments ar shall be available in a range of sizes from 24 to 56. The trouser inseam measurement shall be available in two inch increments. Sizing specifically for women shall also be available. Alpha type sizing such as small, medium, large, etc. shall not be acceptable. X Comply Exception COLOR Color of stock garments shall be yellow Color of garments ordered by individual agencies shall be specified at time of purchase. X - Comply Exception OUTER SHELL MATERIAL - COATS & TROUSERS The outer shell shall be constructed of "Advance" 60% Kelvar 40% Nomex with an approxim: weight of 7.0 oz. per square yard in a ripstop weave and treated with a water repellent finish. X Comply Exception MOISTURE BARRIER - COATS & TROUSERS The Crosstech moisture barrier shall be constructed of a 3.9 ounce per square yard two la] laminate, comprised of a bicomponent membrane and 2.7 ounce per square yard Nomex E- apertured spunlaced non woven substrate. The bicomponent membrane shall be comprised expanded PTFE matrix, having a continuous hydrophilic and oleophobic coating that impregnated into the. matrix. This moisture barrier material shall meet all moisture barr requirements of N.F.P.A. 1971- 1997 edition. Neoprene coated cotton/polyester elbow and knee patches shall be sewn to the elbow area the coat thermal liner and knee area of the trouser thermal liner for added protection at cont' points. The moisture barrier shall be sewn to the thermal liner at the edges only and bo1 along the edges with neoprene coated cotton/polyester and secured with double stitching. X Comply Exception 5 4 0 4D SEALED MOISTURE BARRIER SEAMS All moisture barrier seams shall be sealed with a minimum 718 inch wide sealing tape. One sid of the tape shall be coated with a heat activated glue adhesive. The adhesive side of the tap shall be oriented toward the moisture barrier seam. The adhesive shall be activated by heat an the sealing tape shall be applied to the moisture barrier seams by means of pressure exerte by rollers for that purpose. X Comply Exception THERMAL INSULATING LINER - COATS & TROUSERS The thermal liner shall be constructed of one layer of 4 oz. per square yard 'Aralite" Pal Aramid Batt, quilt stitched to a filament Nomex u Caldura" face cloth, with a finished weight approximately 7.8 ounce per square yard. The face cloth shall be teal in color. A 7 inch by inch pocket, constructed of self material and lined with breathable moisture barrier materi: shall be affixed to the inside of the coat thermal liner on the left side by means of a lock stitc The thermal liner shall be sewn to the moisture barrier (as described under the moisture barri section). X Comply Exception METHOD OF THERMAL LINEWMOISTURE BARRIER ATTACHMENT - COAT The thermal liner and moisture barrier shall be completely removable from the coat shell. A st1 of flame resistant hook and pile fastener tape shall secure the thermal liner/moisture barrier the outer shell along the length of the neck line on the collar facing. The remainder of tl thermal liner/moisture barrier shall be secured with a minimum of five snap fastenel appropriately spaced on each coat facing and 4 snap fasteners at each sleeve er Additionally, 3 snap fasteners shall be affixed to Nomex twilllwebbing tabs. The tabs shall I approximately 1 inch long and located on the inside of the outer shell. The tabs shall I positioned approximately 4 inches up from the coat hem. Two sf the tabs shall be stitched the juncture of the rear and front body panels. The third tab shall be located in the center of t~ back panel approximately 4 inches up from the coat hem. Corresponding snap fasteners sh be affixed to the lower rear portion of the moisture barrier/thermal liner and shall align with t tabs. The 3 snaps shall prevent the liner from riding up in the back. TROUSERS The thermal liner and moisture barrier shall be completely removable from the trouser shc Nine snap fasteners shall be spaced along the waistband to secure the thermal liner/moish barrier to the shell. The legs of the thermal liner/moisture barrier shall be secured to the shell means of two snap fasteners per leg. . X Comply Exception 6' 4 0 Q THERMAL PROTECTIVE PERFORMANCE The assembled garment, consisting of an outer shell, moisture barrier, and thermal liner, sha exhibit a TPP (Thermal Protective Performance) rating of not less than 45. X Comply Exception STITCHING The outer shell shall be assembled using stitch type #301, Mol, #514, and #516. The therm: liners and moisture barriers shall be assembled using stitch type #301 , Mol, #504, #514, an All major A outer shell structural seams, major 6 structural liner seams, and minor seam including but not limited to pockets, flaps, and material reinforcements, shall have a minimum c 8 to 10 stitches per inch. #516. Stitching in all seams shall be continuous. There shall be no joined stitching in midsean X Comply Exception 7 41 0 e COAT CONSTRUCTION BODY The body of the shell shall be constructed of three separate body panels consisting of two fror panels and one back panel. The body panels shall be shaped so as to provide a tailored I . thereby enhancing body movement and shall be joined together by double stitching with Nome thread . X Comply Exception SLEEVES The sleeves shall be of two panel construction, contoured, and of set in design. The outer an under sleeve panels shall be double stitched together with Nomex thread. The sleeves shall t contoured (cuived) lo follow the natural shape of the human arm. An underarm gusset shall t incorporated between the underside of the sleeve and the body of the coat, and shall be used all layers of the garment (shell, moisture barrier, and thermal liner). The underarm gusset sh; measure approximately 5 inches 'wide by 17 inches long (all layers) and graded to siz beginning at the front of the armpit, approximately 9 inches down from the shoulder seam, ar terminating in back, approximately 1 inch from the shoulder seam. x Comply Exception SLEEVE CUFF REINFORCEMENTS The sleeve cuff shall be reinforced with an extra layer of outer shell material. The CI reinforcement shall not be less than 2 inches in width and folded in half, approximately one hr inside and one half outside the sleeve end for greater strength and abrasion resistance. TI cuff reinforcement shall be double stitched to the sleeve end. X Comply Exception WRISTLETS There shall be Nomex knit wristlets not less than 4 inches in length and of double thickne The wristlets shall be sewn to flame resistant neoprene coated cotton/polyester moisture ban material, which in turn shall be sewn to the inside of the sleeve shell approximately five inct from the sleeve cuff. Neoprene moisture barrier material shall line the inside of the sleeve sf from the cuff to a point approximately five inches up, where it joins the sleeve well and is dou Sleeve Well and wristlet. The tabs will be spaced equidistant from each other and shall be fiti with female snap fasteners to accommodate corresponding male snaps in the liner sleev This configuration will ensure there is no interruption in protection between the sleeve liner 2 wristlet. stitched to the shell. Four Nomex twilllwebbing snap tabs will be sewn into the juncture of i X Comply Exception 8 4 0 0 COLLAR The collar shall consist of four layer construction and be of two piece design. The four layer! shall consist of two layers of outer shell material, with two layers of neoprene moisture bame material sandwiched between. One ply of moisture barrier material shall be sewn to the insidt of the collar with four lateral rows of stitching for reinforcement. The collar shall be of two piea design with the left and right halves of all component materials joined in the center by stitching thereby permitting the collar to retain its proper shape and roll. The collar shall be a uniform 1 inches high and graded to size. The collar design shall be such that no gap occurs at the throa when the collar is in the raised mode and the collar closure strap is in place. A collar facing extension, constructed of Nomex 111, shall be affixed to the bottom of the collar on the inside. shall serve to eliminate potential gapping between the collar and liner interface, while securin! the liner to the neck area of the coat. The facing shall measure approximately one inch wid1 and run the length of the collar. A strip of flame resistant pile fastener tape shall be sewn to thl underside of the collar facing and shall engage a corresponding piece of flame resistant hoc fastener tape at the neck line of the liner. X Comply Exception COLLAR CLOSURE STRAP A collar closure strap shall be constructed of two plies of outer shell material with two centc plies of neoprene moisture barrier material, and shall measure noU less than 4 inches wide by inches long. The collar closure strap shall be secured in the closed and stowed position wii flame resistant hook and pile fastener tape. A 2 inch by 3 inch piece of FR pile fastener tar shall be sewn vertically to the inside of the end of the closure strap. A corresponding piece I FR hook fastener tape measuring 2 inches by 3 inches shall be sewn horizontally to the outsic of the collar on the opposite side, thereby providing a high degree of collar strap adjustme1 when wearing a breathing apparatus mask. In order to provide a means of storage for. tt- closure strap when not in use, a 2 inch by 2 inch piece of FR hook fastener tape shall be sew to the collar immediately in front of the closure strap. The collar closure strap shall fold in h: with the FR pile fastener tape engaging the FR hook fastener tape. Two hanger loops shall t sewn to the coat , centered behind the neck and attached at the neckline. One shall be on tt inside, constructed of Nomex twi1Mwebbing materiai. The other one shall be 'on the outsid1 constructed of double layer outer shell material. x Comply Exception SHOULDER / UPPER BACK REINFORCEMENT An additional layer of outer shell material shall be used to reinforce the upper back area of tl coat. This reinforcement layer shall extend from shoulder seam to shoulder seam, and from tl juncture of the collar and back panel to a depth of 7 1/2 inches. An extra layer of outer sh materiai shall be double stitched to the top of each shoulder where it will be stitched to ti upper part of the respective front body panels. The upper back and shoulder reinforcemer shall terminate at the juncture of the sleeve and body panels where they will be double stitch€ and at the juncture of the collar and body panels where they will be double stitched. X Comply Exception 9 41 0 @ ENHANCED THERMAL PROTECTION IN SHOULDER AREA An additional layer of 402. per square yard "Aralite" Para Aramid Batt, shall be sewn to the inside of the thermal liner so that it is sandwiched between the moisture barrier and existing thermal barrier in the shoulder, upper back and chest area to provide enhanced therma protection. This additional thermal barrier shall extend from sleeve seam to sleeve seam, anc from the juncture of the shoulder seam and front/ back panels, down the back approximatell eight inches and down the front approximately eight inches. Thermal liner reinforcement sha be graded to size for a true fit X Comply Exception PADDED SHOULDER CAP A padded shoulder cap shall be provided in the shoulder area and shall be centered over th shoulder seam, extending from the collar hem to the sleeve hem. The shoulder cap sha consist of an additional layer of outer shell material double stitched to the existing outer she1 Sandwiched between the outer shell and the shoulder cap shall be two layers of neopren coated aramid batt. The batt shall be orientated so the neoprene side is facing out. Tt shoulder cap shall be a width of 4 inches. X Comply Exception EXPANSION BACK The coat shall include inverted pleats to afford enhanced mobility and freedom of movemer The outer shell shall have two inverted pleats (one on each side) installed at the junctures the front and back body panels. The inverted pleats shall begin at the back of each should At that point, a row of double stitching shall run horizontally across the badc of me cui securing the terminus of the pleats. Maximum expansion of the pleats shall occur at t shoulder area and taper toward the bottom. The liner (moisture barrier and thermal liner) sh s have a single inverted pleat located at the upper middle of the back. It will be designed expand with the outer shell pleats to their maximum expansion X Comply Exception reinforcement layer and extend vedicaliy down the sides of the coat, approximately I? indae EXPANSION (BELLOWS) POCKETS Each coat front body panel shall have a 2 inch deep by 11 inch wide by 9 inch high expansi pocket double stitched to it and shall be located such that the bottoms of the pockets are at t bottom of the coat. Reflective trim shall be sewn over the pocket bottoms. See section Reflective Trim. Two rust resistant metal drain eyelets shall be installed in the bottom of e; expansion pocket to facilitate drainage of water. The lower half of each expansion pocket SI be lined on the inside with Kevlar twill; front, back, bottom and sides. A divider, constrpctec outer shell material, shall be sewn into the right side pocket approximately 3 4/5 inches from leading edge. The divider will effectively split the pocket into two compartments. The poc flaps shall be rectangular in shape, constructed of two layers of outer shell material and SI measure 4 % inches deeper than the pocket expansion and W inch wider than the pocket. 1 right side pocket flap will be split into two components that correspond to the resped 10 L 0 0 compartments in the pocket. The upper and lower pocket corners and pocket flaps shall bl reinforced with bartacks. The pocket flaps shall be closed by means of flame resistant hook an1 pile fastener tape. Two pieces of 1 ?4 inch by 5 inch FR hook fastener tape shall be installe vertically on the inside of each pocket flap (one piece on each end). Two corresponding piece of 3 inch by 3 inch FR pile fastener tape shall be installed on the outside of each pocket ne; the top (one piece on each end) and positioned to engage the hook fastener tape. x Comply Exception POCKET REINFORCEMENTS The lower half of each expansion pocket shall be lined on the inside with Kevlar twill; fron back, bottom and sides. x Comply Exception RADIO POCKET Each coat shall have a pocket designed for the storage of a portable radio. This pocket shall t of box type construction double stitched to the coat, and shall have one drainage eyelet in tt bottom of the pocket. The pocket flap shall be constructed of two layers of outer shell materi measuring approximately 4 % inches wide and 6 % inches deep. The upper and lower pock1 comers and pocket flaps shall be reinforced with bartacks. The pocket flap shall be closed t means of flame resistant hook and pile fastener tape. A 2 inch by 4 inch piece of FR hoc fastener tape shall be installed vertically on the pocket flap beginning at the center of tt bottom of the flap. A 2 inch by 3 inch piece of FR pile fastener tape shall be instalk horizontally on the outside of the pocket near the top center and positioned to engage the hoc fastener tape. In addition, the entire inside of the pocket shall be lined with FR neoprene coat6 cotton/polyester moisture barrier material to ensure that the radio is protected from tt elements. The moisture barrier material shall also be sandwiched between the two layers outer shell material in the pocket flap for added protection. The radio pocket shall measu approximately 2 inches deep by 3 % inches wide by 9 inches high. X Comply Exception COAT FRONT The coat shall incorporate separate facings to ensure there is no interruption in thermal moisture protection in the front closure area. The facings shall measure 1% inches wide, extel from collar to hem, and be sewn to the underside of the outer shell at the leading edges of tl front body panels. "Crosstech / E89" moisture barrier materiai shall be sewn to the coat facin! and configured such that it is sandwiched between the coat facing and the-'inside of tl respective body panel. The breathable film side shall face inward to protect it. The thermal lin and moisture barrier assembly shall be attached to the coat facings by means of sni fasteners. X Comply Exception 11' 41 0 0 STORM FLAP A rectangular storm flap measuring not more than 3 inches wide, shall be centered over the le? and right body panels to ensure there is no interruption in thermal or moisture protection. The outside storm flap shall be constructed of two plies of outer shell material with a center ply o "Crosstech/E89" moisture barrier material. The outside storm flap shall be double stitched to the right side body panel and shall be reinforced at the top and bottom with bartacks. X Comply Exception STORM FLAP AND COAT FRONT CLOSURE SYSTEM The coat shall be closed by means of (snaps and hook & dee rings) snap fasteners on the le and right coat body panels and inward facing hook and dee rings on the storm flap. The inne closure snap fasteners shall be located along the leading edges of the left and right coat bod panels. The top snap fastener shall be located approximately one inch from the top of the coz fronts. The second through fifth snap fasteners shall be located on five inch centers below th first. The stom flap shall close over the left and right coat body pads and shall be secured b means of four non ferrous inward facing hook and dee rings. The dee rings shall be secured i the leading edge of the storm flap with two rivets. The rivets shalt be reinforced on tt underside of the storm flap with leather. The dee rings shall be spaced along the storm flal Four inward facing hooks shall be attached to the left front body panel with three rivets for eac hook. The rivets shall be reinforced on the inside of the body panel with a single circular piec of leather for each hook. The inward facing hooks shall be positioned in such a manner th they engage the dee rings when the storm flap is closed over the front of the coat. X Comply Exception RETRO-REFLECTIVE FLUORESCENT TRIM The retro-reflective trim shall be 3 inch "3M Brand LimeNellow Triple Trim (W borders w silver center). The trim configuration shall consist of a horizontal band around the bottom the coat near the hem. A second horizontal band shall run around the garment just below t arm pit. Two horizontal bands shall encircle each sleeve, one approximately 3 inches up frc the sleeve end and the other on the upper arm corresponding to the upper trim band on t trunk. On the back, two vertical stripes shall run from the bottom trim band to the upper tr band. One on each side, forming a box pattern. x Comply Exception SEWN ON RETRO REFLECTIVE LETTERING 3 inch lime yellow Scotchlite lettering shall be sewn directly to the outer shell with the bottorr the lettering being approximately 1.5 inches above the upper trim band. Specific lettering will determined at time of order. X Comply Exception 12 L 0 0 TROUSER CONSTRUCTION BODY The body of the shell shall be constructed of four separate body panels consisting of two fro1 panels and two back panels. The body panels shall be shaped so as to provide a tailored * . thereby enhancing body movement and shall be joined together by double stitching with Nome thread. X Comply Exception WAISTBAND The waist area of the trousers shall be reinforced on the inside with a separate piece of out( shell material not less than two inches in width. Neoprene coated cotton/polyester shall t sewn to the back of the waistband reinforcement so as to be sandwiched between the out( shell and waistband reinforcement. The top edge of the waistband reinforcement shalt t double stitched to the outer shell at the top of the trousers. The lower edge of the waistbar shall be serged and unattached to the shell to accept the thermal liner and moisture barrier. Tt top of the thermal liner and moisture barrier shall be secured to the underside of the waistbar reinforcement so as to be sandwiched between the waistband reinforcement and outer shell reduce the possibility of liner detachment while donning and to avoid pass through of snar from the outer shell to the inner liner. The waistband shall be shaped to rise slightly in the bac above the normal level of the waist to ensure the trousers will not be drawn down in back whi crawling or bending. Eight rust resistant suspender buttons shall be anchored' to the upp portion of the waistband. Four shall be installed in the back and four shall be installed in tf front and shall be compatible with commercially available fire fighter suspenders. All suspend' buttons shall be reinforced with leather on the inside of the waistband. A leather take up str: shall be riveted to the back of the riaht front body panel in the waist area and shall termina with an inward facing snap hook. The snap hook shall engage the dee ring located on the i flap. The take up strap shall allow for two inches of adjustment. X Comply Exception EXTERNAL FLY FLAP LEFT HALF The fly flap shall be constructed of two pieces of outer shell material. A center ply of neoprel coated cottordpolyester shall be sandwiched between the two outer shell pieces. The fly fl shall be double stitched to the left front body panel beginning at the waist and extending do\ to a depth of approximately 10 inches. The fly flap shall be approximately 6 inches wide at tl top, tapering to approximately 1 inch in width at the crotch where it will be further reinforced w a bartack. A dee ring shall be riveted to the leading edge of the fly flap at the top and shall positioned to engage the safety hook on the take up strap when the fly flap is in the clos position. 13 4, 0 0 RIGHT HALF An internal fly flap constructed of one ply of outer shell material, measuring approximately : inches wide by 10 inches long, shall be sewn to the leading edge of the right front body panel il the fly area. Neoprene coated Aramid batt shall be sewn to the inside of the right front bod panel and internal fly flap in a roughly triangufar shape. The neoprene coated Aramid batt sha be sewn to the inside of the waistband for approximately 5 inches horizontally beginning at thl leading edge of the internal fly flap. It shall be further sewn vertically to the leading edge sf thl internal fly flap and at the juncture of the right front body panel and internal fly flap fc approximately 10 inches. The action of the external fly flap overlapping the internal fly flap line with neoprene coated Aramid batt will ensure there is no interruption in thermal or moistur protection. X Comply Exception TROUSER CLOSURE SYSTEM The exterior primary positive locking closure shall be an inward facing safety hook and dee rinl The safety hook shall be attached to the leading edge of the take up strap and shall engage tt dee ring located on the leading edge of the external fly flap. (See paragraph on waistbar construction). The internal fly flap closure shall consist of 2 inch wide by full length flame resistant hook ar pile fastener tape. The FR pile portion shall be sewn to the inside of the leading edge of tk external fly flap. The corresponding portion of FR hook fastener tape shall be sewn to the rig front body panel positioned to engage the pile portion when the external fly flap is in the closc position. Appropriate male and female snap fastener halves shall be installed at the leadil edge of the waistband for the purpose of further securing the trousers in the closed position. X Comply Exception EXPANSION (BELLOWS) POCKETS An expansion pocket, measuring approximately 2 inches deep by 6 inches wide by 8 inch high shall be double stitched to the side of each leg straddling the outseam above the knee a positioned to provide accessibility. The lower half of each expansion pocket shall be lined the inside with Kevlar twill; front, back, bottom and sides. Two rust resistant metal drain eyeit shall be installed on the underside of each expansion pocket to facilitate drainage of water. T pocket flaps shall be rectangular in shape, constructed of two layers of outer shell material E shall measure 3 inches deeper than the pocket expansion and % inch wider than the pock The right side bellow pocket shall have a divider sewn vertically down the center of the pock dividing the pocket into two separate compartments. the right side pocket flap shall be split i two separate flaps to coincide with the divider in the pocket The upper and lower pocket corn1 and pocket flaps shall be reinforced with bartacks. The pocket flaps shall be closed by means flame resistant hook and pile fastener tape. A piece of 2 inch by 4 inch FR hook fastener h shall be installed.vertically on the inside of each pocket flap. A corresponding piece of 2 inch 4 inch FR pile fastener tape shall be installed horizontally on the outside of each pocket n8 the top and positioned to engage the hook fastener tape. X Comply Exception 14 L 0 0 EXPANSION POCKlET REINFORCEMENTS The lower half of each expansion pocket shall be lined on the inside with Kevlar twill; fror back, bottom and sides. X Comply Exception TROUSER CUFF REINFORCEMENTS The cuff area of the trousers shall be reinforced with an additional layer of outer shell materi; The cuff reinforcement shall not be less than 2 inches in width and folded in half, approximate one half inside and one half outside the end of the legs for greater strength and abrasic resistance. The cuff reinforcement shall be double stitched to the outer shell. Two Nom( twillhebbing snap tabs (one each side), measuring approximately 1 inch long shall 1 bartacked to the inside of each leg of the outer shell approximately three inches from tl bottom of the trouser leg. A female snap fastener half shall be installed at the end of each ti and shall align with the male snap fastener halves installed at the bottom of the trouser them linedmoisture barrier. The tab mounted snap fasteners shall secure the trouser thermal liner/moisture barrier to tl outer shell within three inches of the cuff. X Comply Exception REVERSE BOOT CUT The trouser leg cuffs will be constructed such that the back of the leg is approximately one in1 shorter than the front. This construction feature will. minimize the chance of premature wear the cuffs and injuries due to falls as a result of "walking" on the trouser cuff. X Comply Exception EXPANSION KNEE The outer shell of the trouser legs shall be constructed with expansion panets to provil fullness for increased freedom of movement in the knee area. The expansion panels shall installed vertically on the sides of the legs along both the inseam and the outseam in the knl area. Each of the four expansion panels will be of an elongated oval shape approximately inches long, with a maximum width of 1 3/4 inches at the knee and tapered to &:point at ea end. the liner system, comprised of the moisture barrier and thermal liner, shall be construct with four arts per leg in the front of the knee. Two will be located above the knee, (one on ea side), and two will be located below the knee, (one on each side). Each. dart will approximately 2 inches long. The darts in the liner provide a natural bend at the knee. The da in the liner workin conjunction with the expansion panels in the outer shell to increase freed( of movement when kneeling, crawling, climbing stairs or ladders etc. X Comply Exception 15 4 0 a KNEE REINFORCEMENTS The knee area shall be reinforced with an additional layer of outer shell material. The knec reinforcements shall measure 9 inches wide by 12 inches high and shall be double stitched tc the outside of the outer shell for greater strength and abrasion resistance. X Comply Exception PADDING UNDER KNEE REINFORCEMENTS Padding for the knees shall be accomplished with three layers of neoprene coated aramid batl The coated Aramid batt shall be sandwiched between the shell and the knee reinforcemen layers. The neoprene shall face outward. X Comply Exception RETRO REFLECTIVE FLUORESCENT TRIM The trousers shall have a stripe of 3 inch "3M Brand LimePlellow Triple Trim" (W borders wit silver center) retro reflective fluorescent trim encircling each leg with the bottom of the till sewn 3 inches above the pant leg hem. X Comply Exception EXCEPTIONS TO SPEClFlCATlONS Any and all exceptions to the above specifications must be clearly stated for each heading. Us additional pages for exceptions, if necessary. 16 4, 0 e ATTACHME1 Crpl OF CARLSBAD GENERAL PROVISIONS PLEASE READ CAREFULLY 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 Cii, the conditions of the General Provisions herein, and subject to all provisions of the Ordinances of the City of Carlsbad, the Bidder hereby proposes to furnish to the City of Carlsbad, complete at the prices stated therein, the items or services herein mentioned cw described. The person signing the bid further warrants that this bid is genuine and not sham or collusive, or made in the interest of, or on behalf of, any person, firm or corporation not therein named; that the Bidder has not directly or indirectty induced or solicited any other Bidder to put in 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 herewith and made a part of this proposal, and understood the meaning, intent and requirements of, and agree to the same. B. Bidder will enter into a written contract and furnish the item(s) or complett the work in the time specified, and in strict conformity with the City a Carlsbad specifications therefore, for the prices quoted. 1. FORMS The Purchasing Officer will furnish forms and specifications for all proposals anc no bids will receive consideration unless made upon forms so furnished. m MUST BE SUBMITIED IN A SEALED ENVELOPE WITH BID NUMBER ON THE OUTSIDE, COMPLETE WITH THE SPECIFICATIONS AS FURNISHER ANC DELIVERED TO CITY OF CARLSBAD PURCHASING DEPARTMENT. 12or CARLSBAO VILLAGE DRIVE. CARLSBAD CA 92008. PRIOR TO THE TIME SE FOR OPENING. 2. PRICES Ail prices and notations must be in ink or typewritten. Changes or cofrections ma be crossed out, typed or written with ink, and must be initialed in ink by the perso signing the bid. Bids shall indicate the unit price extended to indicate the total price for each itel bid. Any difference between-the unit price correctly extended and the total pric shown for all items bid shall be resolved in favor of the unit price, except when tt 1 SI! e 6 Bidder clearfy 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. 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 Carisbad and shall be in the amount specified on the Proposal Form. If the Bidder fails to execute the contrad within ten (1 0) days from the mailing date of the notice that the contract is rea@ for signature, the Ci'will either award the contract to the next lowest Bidder or wir reject all other bids and call for new bids. The Bidder who has failed to so'executc the contract shall be liable to .the Cii for the sum-not exceeding the amount o said check, money order or bond-by which the amount of the contract coverin( the said proposal, executed by and between the Cii and a third party, mq exceed the amount bid by the original successful Bidder. Such portion of saic check, money order or bond as equals said sum shall be dedared forfeited to thr City of Carlsbad and shall be collected and paid into the General Fund of the Ci The Bidder may also be denied the right to bid for a one year period. IMPORTANT: Failure to furnish a proper guarantee of good faith with the bid whel such is required will automatically void the bid. 4. ITEMS OFFERED tf the item offered has a trade name, brand and/or catalog number, such shall bl stated in the bid. If the Bidder proposes to furnish an item of a differer manufacturer or vendor other than that mentioned on the face hereof, Bidder mus specify maker, brand, qualii, catalog number, or other trade designation. Unles such is noted on the bid form, it will be deemed that the item offered is thi designated even though the bid may state "or equal". 5. SAMPLES ~ Samples, when required, shall be furnished prior to bid dosing date and time, f within time specified in the bid. The City reserves the right to reject bids submitte without the required samples, or to require samples for aJtemate bids or iterr offered as "equals". Samples of items, when required, must be furnished free 1 expense to the City. It they are not destroyed by tests, samples will, upan reque be returned, at the bidder's expense. 2 51 0 4D 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 witl Item 8 of these General Provisions. Once Bidder has proposed a product whicl is responsive to the specification, Bidder may thereafter indude with the bid aril additional proposals or alternative products that are not "equals" but that Bidde believes can or may meet or exceed City's requirements, and which offer Cii additional advantages or benefits based on the state of the art that were not, c could not, be cantemplated by Cii when the requirements were prepared. n City reserves the right to evaluate and accept or reject such alternatives, as thoug they were part of the original specifications, without advertising for further bids, c to re-advertise based on such proposed state of the art alternatives when in th best interests of the Ci. Any awards so made will be based on cost ana@ considerations that result in the optimum economic advantage ta the City. 7. EXPIRATION OF BID All bids shall be considered as firm for a period of ninety (90) calendar day commencing the day following the date of bid closing and expiring at midnight the fast day, unless otherwise stated in the body of the solicitation. The Bidder mi specify a date his bid expires, provided the date is specific and is entered on tl Proposal or Request for Quotation. form. 8. BRAND NAME Whenever reference to a specific brand name is made in this Request for Bid is illustrative and to be construed as a specification which desm'bes a componc that has been tested or evaluated by the City as best meeting the sped operational, design, performance, maintenance, quai or reliability standards a1 requirements of the Ci, thereby incorporating these requirements by referen within the specification. An equivalent or "equal" may .be offered by the Bidd subject to testing and evaluation at the option of the Ci, prior to award of b The City resmes the sole right to reject a substituted component that will not fu requirements. It shall be the sole responsibility of the Bidder to provide at Bidde expense any product information, test data, and other information or docume the City may require to fully evaluate or demonstrate the acceptabilii of ' offered substitute. Where appropriate, independent testing or evaluation quaiifid test fauIities, at Bidder's expense, indudins destructive test in^. may required as a condition of acceptance. 9. VERIFY QUOTATIONS Ver-W your price quotations before submission of your bid as withdrawal conechon is not be permitted after the bid has been opened. 3 a 0 10. DELIVERY 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 indude 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 his control; provided a written extension of time is obtained from the City Manager. C. All prices shall be F.O.B. destination. Bids otRer than F.O.B. destinatior shall be considered non-responsive and will be rejected. Prices shd include all freight, delivery and set-up charges. 11. FIRM PRICES AND PRICE ADJUSTMENT Prices on bid shall be firm prices not subject to escalation. In the event tfm specifications provide for escalation, the maximum limit shall be shown, or the bic shall not be considered. In the event of a dedine in market price(s) below thc 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 a to the City. Prices bid must be firm for the first ninety (90) days on an annui agreement, with a thirty (30) day notification of any price increases thereafter. any price increase occurs, there will be a one (1) week, or one time, ordf protection provided at the last effective price. All price increases or notices mu! be in writing from not only the vendor but also the manufacturer. The Ci resem the right NOT to accept the request. 12. MODfFlCAT10N OR WITHDRAWAL OF BIDS Bids may be modified or withdrawn by written notice received prior to the exac hour and date specified for receipt of bid. A bid may also be withdrawn in persc by a Bidder, or his authorized representative, prior to the exact hour and date 6 for receipt of bids. 13. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids, modifications of bids, or withdrawats received at the office designated in tl solicitation, atier the exact hour and date specified for receipt, wii not 1 considered. They will be rejected as a late bid and will be returned to bidd unopened. 4 5, 0 e 14. NO BIDS If no bid is to be submitted, the bid should be marked "NO BID" and reason stated on the Proposal Fm, which ShOuM be returned in order to maintain the Bidder's name in Ci's vendor file for further solicitations. A letter or postcard may be submitted instead of form. If a Bidder fails to respond to two Request 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. 15. CONFIDENTIAL INFORMATION Any information deemed confidential or propriw should be de& identified by the Bidder as such. tt will be protected and treated with confidentiality only to thc extent permitted by California state law considering public information. Otherwise the information shalt be considered a public record. Any data. to be returnec should be so marked and will be returned if not essential to the bid or contrac record. 16. SIGNATURE All bids must be signed, with the firm named as indmed. A bid by a corporatior must be signed by a duly authorized officer, employee or agent, with his or he title. Obligations assumed by such signature must be fulfilled. 17. QUAUN Unless otherwise required in the specifications, all goods furnished shall be NN and UNUSED and the BEST OF THEIR KIND. 18. LITIGATION WARRANTY The Bidder, by bidding, warrants that Bidder is not c~nrrentfy involved in titigatio or arbitration concerning the materials, or Bidder's performance, concerning th same 01 similar material to be supplied pursuant to this contract or specificattor and that no judgments or awards have been made against Bidder, on the basi of Bidder's performance in supplying or installing the same or similar materia unless such fact is disdosed to the City in the bid. Disclosure will not disquabfy th Bidder. The City reserves the right to evaluate bids, on the basis of the fad surrounding such litigation or arbiiation, and to require Bidder to furnish the Cii with a surety bond executed by a surety company authorized to do business i the State of California and approved by the City of Carfsbad, in a sum equal ' one hundred percent (100%) of the contract price, conditional on the .faithi performance by Bidder of the contract. in the event the bid is awarded to Biddc notwithstanding the litigation or arbitration. 19. ROYALTIES, LICENSES AND PATENTS Unless otherwise specified, the Bidder shall pay all royalties, license and pate fees. The Bidder wanants that the materials to be supplied do not infringe a 5. st 0 d 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 ail loss or damages whether general;exernplary or punitive, as a result of any actual or claimed infringement asserted against the Ci, the Bidder, or those furnishing material to Bidder pursuant to this contract 20. 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 Cii. 21. WARRANTlES A. All material, labor or equipment provided under the contract sh& be warranted by Bidder, and/or manufacturer, for at least twelve (12) months after acceptance by Ci, except automotive equipment which will be warranted for a minimum 12,000 miles or 12 monas, whichever occurs first. Greater warranty protection will be accepted. Lesser warranty protection must be indicated by Bidder on the bid proposal as an exception. 6.. 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 ward, irrespective of Wether 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 Ci and that services, pwts 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 Ci, to meet this obligation if Bidder does no1 ordinarily provide warranty service. 2.2. 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 wW them. Before submitting a bid, each Bidder shaH ascertain whether or not any issued, may render the bid invalid and result in its rejection. addenda have been issued, and failure to cover in this bid any such addenda 23. SPECIFICATIONS TO PREVAIL The detailed requirements of the specifications shall supersede any specific requirement of these General Provisions which are in conflict therewith. The Cii reserves the right of being sole judge of bid meeting specifications. Requests fol interpretation of bid specifications shall be made in writing to the Purchasiq Officer at least five days prior to the date of the bid opening. 6 519 1 24. FAITHFUL PER Ib RMANCE BOND 8 b The SUCCeSSful Bidder may be required to furnish the city with a surety bond executed by a surety company authorized to do business in the State of California and with a Best Rating of A-:V Or better, in a sum UP to one Hundred Percm of said. contract. (1 QW of the amount of the contract price, 6Qnditim@ fq the faithful perforrnm~ 25. AWARO OF CQNfRACT A. Bids will be analyzed and the award made to the. lowest and be responsive and responsibfe Bidder whose bid conforms to the solicitatic and whose bid is considered to be most advantageous to the City, pric and other factors considered. Factors to be considered may indude, bl are not limited to: Bidder's past performance, total unit cod. economic COI analysis, life cyde costs, warranty and.qualii, maintenance cost, durabili the operational requirements of the City, and any other factors whii Y result in the optimum economic benefit to the Ci. B. The Cii reserves the right to perform a pre-award suwey of the bidder determine capability to perform, incfuding but nat limited to, fadtitit financial responsibility, materials/supplies, and past performance. 1 determination of the Ci as to the bidder's prospective ability to perf0 the contract shall be conclusive. C. The Cii resewes the right to reject any itern or items therein; to wz infonnaiies, technical defects and minor irregularities in bids received; z to select the bid(s) deemed most advantageous to the City. The City however consider bids submitted on an "all or nothing" basis.# the bic clearty designated as such. 0. The City reserves the right to award one or more contracts on the t submitted, whether by award of all items to one Bidder, or by awarr separate items or groups of items to various Bidders, as the interests 01 City may require, unless the Bidder clearly specifies otherwise in his t E. Upon acceptance by the City of CMsbaQ, the Wi, bid, 13popo5a price quotation, and a purchase order issued to the successb~ Bic within the time specified, shall be deemed to result in a binding con1 without further action required by either pafly. items are to be fumishec described in the bid and in strict conformity with all instnrction~, condit specifications and drawings contained in the complete contract. 27. OOCUMENTATION Due to the time constraints that affect contract performance, aU rW documents, certificates of insurance and bonds shall be pIOvided to the (Attention: Purchasing Departmen?) within ten (10) days fotlowiw award, Or of request, by City, whichever is later. Any failure to mpty may result in bid I declared nm-responsive and rejected, and/or at Ci's option the bid bond i attached for damages suffered. 7 28. 29. 30. 31. 32. 33. 34. 0 e PURCHASEORDERS Ail 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.) SELLER'S INVOICE Invoices shall be prepared and submitted in duplicate to: Accounts Payable, City of Carlsbad, 1200 Carlsbad village Drive, Carlsbad, CA 92008. 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. INSPECTION AND ACCEPTANCE Inspection and 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 representative of the City. Until delivery and acceptance, and after any rejection, risk of loss will be on the Bidder, unless loss resutts from negligence of the City. LOST AND DAMAGED SHIPMENTS Risk of loss or damage to items prior to the time of their receipt and 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, damagec merchandise even if the damage was not apparent or discovered until after receipi of the items. LATE SHIPMENTS . Bidder .is responsible to notify the City department receiving the. items and tt~c Purchasing Officer, of any late or delayed shipments. The Ci reserves the righ to cancel all or any part of an order if the shipment is not made as .promised. COMPUANCE WITH INDUSTRIAL SAFETY CODES All equipment, instruction manuals, spare parts and other items furnished shall where applicable, conform with the Safety Orders of 4he California Division a Industrial Safety. Material Safety Data Sheets (MSDS) shall be supplied, for eac applicable item, with the initial order. All containers shall be labeled per OS& specifications. WAIVER The failure of the City to enforce a particular condition or provision of any contra( awarded hereunder shall not constitute a waiver of that provision 01 condition c its enforceability by the- City. a 516 0 a 35. CONSEQUENCES OFVIOLATIONS OF LAW REGARDING ANTI-COMPETITIVE BUSINESS PFWCTlCES OR UNFAIR TRADE PRACTICES Any acts or ornissims of Bidder in violation gf federal, state or municipal law, or Ci policies and regulation regarding anti-competitbe 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 to Ci for all damages City thereby suffers or @curs, induding costs for substitute performance, and may also be subject to debarment. In addition to all other remedies or damages allowed by law, Bidder shall be iiabls 36. CONFLICT OF INTEREST No employee, or member of the employee's immediate tamily, or elected o appointed member of Cii government, may participate directly or 'mdiedy h th procurement process pertaining to this bid, if they: A. Have a financial interest, or other personal interest, which is incompatibll with the proper discharge of their official duties in the public interest, c would tend to impair their independence, judgment or action in th performance of their official duties. 8. Are negotiating for, or have an arrangement concerning, prospectiv employment with Bidder. The Bidder warrants to the best of his knowledge that the submission of the bi will not create such conflict of interest In the event such a conflict occurs, @ Bidder is to report it immediately to the Purchasing Officer. For breach or violatic of this warranty, the City shall have the right to annul Mi contract, at its discretio~ without liability. Bidder may also be subject to damages and/or debarment f suspension. 37. CITY PROVISIONS TO PREVAIL Except as specified in the specifications, the Cii's standard Generat Wsicn shall govern any contract award. Any standard terms and conditions of 5iddc submitted by Bidder, shall not be acceptable to Ci unless expressly assented by City by separate documents. The City reserves the right to reject Bidder's t as non-responsive, to consider the bid without Bidder's standard terns a conditions, 01 to require Bidder to delete reference to such, as a condition evaluation or award of the bid. If, after award of contract, Bidder (contract vendc shall provide materials, or services, accompanied by new or additional standa terms or conditions, they too shall be considered void, and City may requ' deletion thereof as a further condition of performance by vendor. To the extent I othennrise provided for by the contract documents, the California Commercial Ca shall apply. 9 c @ 0 38. AMENDMENTS AND MODIFICATIONS The Purchasing Officer may at any time, by a written order, and without notice to the suretjes, make a modification to the contract or an amendment to the Purchase Qrder, within the general scope of this contract, in (1) drawings, designs, 01 specifications, where the supplies to be furnished are to be specially rnanufacturec for the City in accordance therewith; (2) method of shipment or packing; and (31 place of delivery. If any such change causes an increase or decrease in the cog of, or the time required for, performance of this contract, whether changed or no1 changed by any such order, an equitable adjustment shall be made by writter modification of the contract or amendment to the Purchase Order. Any daim b) the Bidder for adjustment under this clause must be asserted within 30 days frorr the date of receipt by the Bidder sf the notification; provided that .the purchasing Officer, if he decides that the facts justify such action, may receive and act upor any such daim, if asserted prior to final payment under this contract. Failure tc agree to any adjustment shall be a dispute, concerning a question of fact, withir the meaning of the clause sf these provisions entitled "Disputes". However, nothiq in this clause shall excuse the Bidder from proceeding with the contract a: changed. 39. DISPUTES Except as otherwise provided in this contract, any dispute concerning a questior of fact arising under this contract, which is not disposed of by agreement, shall k decided by the Purchasing Officer, who shall reduce this decision to writing or mar or otherwise furnish a copy thereof to the Bidder. The decision of the Purchasin< Officer shall be final and conclusive unless, within 30 days from the date of receip of such copy, the Bidder mails or othehse furnishes to the Purchasing officer i written appeal addressed to the Cii Manager. The decision of the Cii Manager or his duly authorized representative for the determination of such appeals, sha be final 'and conclusive. In connection with any appeal proceeding under thi! clause, the Bidder shall be afforded an opportunity to be heard and to offe evidence in support of his appeal. Pending final decision of a dispute hereunda the Bidder shall proceed diligently with the performance of the contract, and i! accordance with the Purchasing Officer's decision. 40. TERMINATION FOR DEFAULT A. The City of Carlsbad, California, hereafter referred to as the Ci may b written notice of default to the Bidder (subject to the provisions c paragraph (C) below) terminate the whole or my part of this contract, i any one of the two following circumstances: 1. tf the Bidder fails to make delivery of the supplies or to perform th services, within the time specified herein, or any extension there0 or 2 If the Bidder fails to perform any of the other provisions of th contract, or so fails to make progress to endanger performance ( 10 . 5f: 0 Q this contract in accordancewith its terms, and in either of these two circumstances does not cum such failure within a period of ten (1 0) days after receipt of notice from the Purchasing Officer specwing . such failure. 5. In the event the City terminates this contract, in whole or in part, as provided in paragraph (A) of this clause, the Cii 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 simila supplies or services; provided, that the Bidder shall continue thc 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 fauli or negligence of the Bidder. Such causes may indude, but are no' restricted to, acts of God or of the public enemy, acts of the City in eithe its sovereign or contractual capacity, fires, floods, epidemics, quarantinc restriction, strikes, freight embargoes, and unusually severe weather; but it every case the failure to perform must be beyond the control and withou the fault or negligence of the Bidder. 0. If, after notice of termination of this contract under the provisions of thi clause, it is determined for any reason that the Bidder was not in defaul under the provisions of this clause, or that the default was excusable unde the provisions of this clause, the rights and obligations of the Bidder sha be the same as if notice of termination for convenience had been issuec pursuant to such clause. 41. TERMINATION FOR CONVENIENCE The Purchasing Officer, by written notice, may terminate this contract, in whole a in part, when it is in the best interest of the City. If this contract is for supplies an is so terminated, the Bidder shall be compensated in accordance with hi auditable costs to point of Notification of Termination. To the extent that th contract is for services and is so terminated, the Cii shall be liable only fc payment in accordance with the payment provisions of this contract, for the actu services rendered to the effective date of termination. 42. LABOR PRACTICES The Bidder shall comply with all Federal and Statehvs, and City Ordinarm where applicable, relating to fair labor practices and discrimination in tt employment of persons. * 11 5i C a a 43. INSURANCE Unless otherwise provided, Bidder shall cause Cii to be named as an additional 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. insured .on riabilii andlor products liabilii insurance concerning Bidder's 44. LIABILITY AND INDEMNIFICATION Bidder agrees to defend, indemnify, protect and hold Ci, 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 tc Bidder's employees, agents or officers which arise from or are connected with, 01 are caused or claimed to be caused by the acts or ornissions 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 wiltfut misconduct of the City, its agents, officers or employees. TI& 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 thc City. 45. EQUAL OPPORTUNITY POLICY The City of Carlsbad will not discriminate with regard to race, religious creed color, national origin, ancestry, physical handicap, marital status, sex or age in thr award of contracts. The City of Carlsbad encourages the participation of minor& and women-owned businesses. 46. ANNUAL APPROPRIATION OF FUNDS Multi-year term supply and service contracts and leases are subject to annua appropriation of funds by the Cii Council. Payments made under term contract3 and leases are considered items of current expense. Purchase Orders are fundec when issued, therefore are current expense items and are not subject to an] subsequent appropriation of funds. In the event sufficient funds are not appropriated for the payment of leasc payments, or anticipated term contract payments, required to be paid in the nex occurring lease or contract term, and if no funds are legally available from othe sources. the lease er cantract may be terminatd &'the end ef the eriginal tern or renewal term and the Ci shall not be obligated to make further payment! beyond the then current original or renewai term. The City will provide notice of it inability to continue the lease or contract at such time as the Purchasing Qffice is aware of the non-appropriation of funds. However, failure to notify does nc renew the term of the lease or contract. tf a lease is canceled, the events of defau will occur as described in the lease and/or Item 40 of these General Provisions 12 si9 c 0 d 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 contact except to the extent of the Purchase Orders already issued. 47. TEN PERCENT (10%) RETENTION The City resewes the right to withhold a ten percent (1 0%) retention on all Purchase orders until th@ supplies, services or equipment have been accepted. 48. QUANTITIES Estimated quantities are given as a basis for comparison of bids. The Cii does not, expressly or by implications, agree that the actual quantities will be purchased. 13 s19