HomeMy WebLinkAbout2002-12-17; City Council; 17016; Agreement for Wildland Fire Protective GarmentsCITY OF CARLSBAD -AGENDA BILL
AB# 17,016
CITY MGR DEPT. FIN
MTG'
TITLE:
AWARD OF AGREEMENT FOR
WILDLAND FIRE PROTECTIVE GARMENTS CITY Am.
RECOMMENDED ACTION:
Adopt Resolution No. 2002-364 , accepting the bid of Allstar Fire Equipment, Inc. authorizing the execution of an agreement for Wildland Fire Protective Garments for the
period of one year, with the option to renew for four (4) additional one (1) year periods.
ITEM EXPLANATION:
The City of Carlsbad has been the lead agency in cooperative bids for firefighter's protective
clothing for several years. Staff cooperates with the San Diego County Fire Equipment
Committee (SDCFEC) which is comprised of several fire agencies and departments in the county and is known throughout the state and the nation as a leader in protective clothing design. The SDCFEC develops specifications for equipment and safety clothing which can
be used by all departments within the county. Many of the ideas and concepts incorporated in previous bids have been adopted by garment manufacturers and incorporated into their
design production. By developing our own specifications and working cooperatively, we control of the final product to insure a superior garment while obtaining competitive pricing and service after the sale. This garment is made of fire-resistant Nomex designed to provide
flame protection to the firefighter and allow full mobility when engaged in wildland firefighting.
Based on responses to a questionnaire from sixteen participating fire agencies, it is
estimated that more than 325 sets of garments will be purchased from this bid each year.
Each individual public agency will place their respective order@) with the vendor.
In accordance with Section 3.28.050 of the Municipal Code, Notice to Bidders was mailed to fifteen vendors. On October 3, 2002 six responses were received, opened, witnessed and
recorded. The bids and garments were evaluated by Staff and members of the SDCFEC.
The bids were evaluated for garment cost, delivery schedule, previous performance and any unspecified value added offerings. Samples were evaluated for quality, conformance to
specifications and workmanship. The evaluation resulted in two vendors, Transcon Sales and Manufacturing and Allstar Fire Equipment, Inc. receiving equal evaluation scores. While
Transcon's garment cost was 9% lower, Allstar's garment was considered superior in construction quality and specification conformance. The advantages will provide greater
garment durability and improved performance in the field. These factors result in Staffs recommendation that the agreement be awarded to Allstar as the best value for the City.
FISCAL IMPACT: Funds will be available in the Fire Department's Emergency Operations Personal Protective
Equipment Account for anticipated purchases.
EXHIBITS:
1. Resolution No. 2002-364
2. Agreement for the Sale of Wildland Fire Protective Garments
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RESOLUTION NO. 2002-364
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING THE BID AND AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT FOR THE SALE OF WILDLAND FIRE
PROTECTIVE GARMENTS
WHEREAS, Section 3.28.050 of the Carlsbad Municipal Code provides that materials and
services costing over thirty thousand dollars must be obtained through formal bidding
procedures; and
WHEREAS, bids submitted by six vendors were evaluated and the bid of Allstar Fire
Equipment, Inc. was determined to be the best value to the City.
NOW, THEREFORE, BE IT RESOLVED by the Clty Council of the City of Carlsbad,
California. as follows:
I. That the above recitations are true and correct.
2. The bid of Allstar Fire Equipment, Inc. is hereby accepted.
3. The Mayor of the City of Carlsbad is hereby authorized and directed to execute said
Agreement, a copy of which is on file in the Finance Department and incorporated
herein by reference, for, and on behalf of the City of Carlsbad for a period of one year
with the option for the City Manager to extend for four (4) additional one (I) year periods.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad held on the 17th day of DECEMBER , 2002, by the following vote, to
wit:
AYES: Council Members Lewis
NOES: None
ABSENT: None
AGREEMENT FOR SALE OF WILDLAND FIRE PROTECTIVE GARMENTS
Allstar Fire Equipment Inc
This Agreement is entered into on this 2bfi day of h! C b@<, 2002 (“Effective Date”) by Allstar Fire Equipment Inc, a Corporation, located at 12328 Lower Azusa
Road (“Seller”) and the City of Carlsbad, a municipal corporation, located at 1635 Faraday
Avenue, Carlsbad, CA 92009 (”City”).
RECITALS
A. The parties contemplate that City and the fire departments and fire districts of Alpine, Chula Vista, Corona, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La
Mesa, National City, Oceanside, Poway, Rancho Santa Fe, Santee, Solana Beach and Vista
(collectively “Participating Agencies“) will purchase from Seller and Seller will sell to City and
Participating Agencies Wildland Fire Protective Garments on an ongoing basis.
6. To expedite these contemplated purchases, the parties are willing to enter into
a non-exclusive agreement that sets forth the terms and conditions that will govern all such
transactions between them.
NOW, THEREFORE, in consideration of these matters, and of the mutual benefits and obligations set forth in this Agreement, the parties agree as follows:
1. Definitions
1.1 Buver. With respect to purchase orders issued by City, the term “Buyer”
means City. With respect to orders issued by a Participating Agency, the term “Buyer”
.means that Participating Agency.
1.2 Products. The term ”Product” means those items for which Buyer issues to
Seller a purchase order during the term of this Agreement. Product and specific terms
are described in Exhibit “A, Request for Bid, Exhibit “B, Specifications and Exhibit
“C, General Provisions attached and incorporated by reference in accordance with the terms and conditions set forth in this Agreement
2. Issuance Of Purchase Orders. Buyer may issue purchase orders to Seller from
time to time for the 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 #03-06. 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 any inconsistency between the terms and
conditions of Exhibits “A, “B, or “C, or a purchase order, the inconsistency will be resolved in
the following descending order of precedence: this agreement, the purchase order, Exhibit “6
Exhibit “C” and Exhibit “A”.
Each Participating Agency will indicate its specific requirements on its purchasing
documents. The City assumes no responsibilities for any order placed by any of the
Participating Agencies. Delivery address and instructions will be indicated on each
Participating Agency’s 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 the bid.
Page 1 of 4
3. Term. The term of this Agreement shall commence on the Effective Date above
and continue for a subsequent period of one year. This Agreement may be amended to
extend its term for up to four additional one year periods, subject to Seller's continued
satisfactory performance under this Agreement and the appropriation of funds by the City
Council. 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 City.
5. Delively.
A. The delivery for purchase orders placed pursuant to this Agreement
shall be as specified in Exhibit "A", Exhibit "B", and Exhibit "C"
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 $0.50 per jacket and $0.50 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.
C. Notwithstanding any other provision of this Agreement, if delivery
cannot be or is not made within forty five days after the receipt of any order, Buyer may, upon knowledge of the fact and whether or not the delay would be excusable, terminate the order
by written notice to Seller. The termination shall be without cost to Buyer-and shall discharge
all obligations and liabilities of the parties under the order except as to Products delivered and accepted previously.
6. Passaqe 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 by Buyer.
7. 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 in
Carlsbad, California. 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 an order, Buyer shall notify seller 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 facility. If Seller fails to act
to correct any nonconforming Product within this time period, then Buyer may return any nonconforming Product to seller. Rejected items to be returned to Seller shall be shipped at
Seller's risk and expense.
Page 2 of 4
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 and Insurance. Seller shall defend, indemnify, and hold
harmless Buyer (including Buyer’s officers, employees, agents, and volunteers) from and
against any and all claims, liabilities, demands, causes of action, damages, losses, penalties,
fines, charges, assessments, impositions, attorneys’ fees, costs, and expenses of any kind
arising out of Seller’s performance under this Agreement caused in whole or in part by any
willful misconduct or negligent act or omission of the Seller (including the Seller’s officers,
employees, agents, and volunteers).
In addition, Seller will obtain and maintain during the term of this Agreement, and any subsequent amendments to it, insurance, from an insurance company acceptable to
the Buyer, for personal injury and property damage arising out of or in connection with Seller’s performance under this Agreement. This insurance must include general liability, worker’s
compensation, and employer’s liability insurance in the amount of $1,000,000 per occurrence/accident. The insurance many not be modified or canceled without thirty (30) days’
prior written notice to Buyer. Seller must furnish Certificates of Insurance evidencing the required coverage prior to the execution of this Agreement by Buyer.
10. 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 at the addresses indicated at the beginning of this
Agreement.
11. Assiqnment. Seller may not assign any rights, including rights to moneys due
or to become due under this Agreement, or delegate of any duties under this Agreement or
under any orders subject to this Agreement, without the written consent of City.
12. Non-Waiver. No waiver of a breach of any provision of this Agreement shall
constitute a waiver of any other breach of the same or other provision.
13. Choice of Forum and Governinq Law. Seller irrevocably consents and submits
to the jurisdiction of the courts of San Diego County, California and any United States Federal
District Court in the Southern District of California in connection with any suit, action, or other
proceeding arising out of or based on this Agreement. This Agreement shall be governed by
and construed according to the laws of the State of California.
14. Merger. This writing is intended by the parties to be the final expression of their
Agreement on the terms included in this Agreement. This writing supersedes all prior
agreements and contemporaneous oral agreements. Any prior agreements or
contemporaneous oral agreements shall not be used to explain, supplement, or contradict this
Agreement.
15. Amendment. This Agreement may not be amended, except in a writing signed
by Seller and City.
Page 3 of 4
16. Compliance with Laws. Seller will comply with all federal, state, and local laws
and regulations applicable to this Agreement, including those prohibiting discrimination and
harassment in the workplace. In addition, if required, Seller will obtain and maintain a City of
Carlsbad business license during the term of this Agreement and any amendments to it.
17. False Claims. By signing this Agreement, Seller acknowledges that it may be
subject to civil, criminal, and administrative penalties for the filing of false claims, including
those set forth in the California False Claims Act (Government Code sections 12650, et seq.)
and Carlsbad Municipal Code (Section 3.32.025, et seq.). In addition, Seller acknowledges
that debarment.by another jurisdiction is grounds for City to terminate this Agreement.
18. Authoritv. The individuals executing this Agreement 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
Agreement.
CONTRACTOR
*BYQQg&&$Y
I ' (sign here) Jmd A b wdS9m lor tsld&T
(print namdtitle)
Y fh
(print namehitle)
WCity Clerk I
If required by City, proper notarial acknowledgment gexecution 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(@ signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
Deputy City Attorney
Page 4 of 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
On NOVEMBER 19, 2002 beforeme, LORENA C. MARTIN, PJOTARY PUBLIC I
Date Name and Title of Wir (e.g., “Jane Doe. Notary Public”)
personally appeared JOSEPH A. SPOSATO AND JILL A. HOPPER 1 Name(s) ot Signer(s) 8 personally known to me - OR - 0 pro lved to I ne on the basis of satisfactory evidence to be the perso@
whose nam@)&are subscribed to the within instrument
executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: AGmMRNT FOR SALE OF WILDLAND GARMENTS
Document Date: NOVEMRER 19 , 2 0 0 2 Number of Pages: 4
Signer@) Other Than Named Above: NONE
Capacity(ies) Claimed by Signer(s)
Signer’s Name: JOSEPH A. SPOSATO I$ Individual
Corporate Officer
Title@):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
I I
Signer Is Representing: I I
Signer’s Name: JILL A. HOPPER
0 Individual
Corporate Officer
Title@):
0 Partner - 0 Limited 0 General
Attorney-in-Fact
0 Trustee-
0 Guardian or Conservator
0 Other: I
urnb here
I I
Signer Is Representing:
0 1994 National Notary Association * 8236 Remrnet Ave., P.O. Box 7184 Canoga Park, CA 91309.7184 Prod. NO. 5907 Reorder: Call Toll-Free 1-800-876-6827
EXHIBIT "Att
City of Carlsbad
REQUEST FOR BID
August 29,2002
BID NO. 03-06 DUE DATE: OCTOBER 3,2002
' 11:OO AM
FOR WILDLAND FIRE PROTECTIVE GARMENTS
The City of Carlsbad is requesting bids for providing wildland fire protective garments for the
period from approximately November 1 , 2002 to October 31 , 2003 to the fire departments and
fire districts of Carlsbad, Alpine, Chula Vista, Corona, Del Mar, El Cajon, Encinitas, Escsndido, Imperial Beach, La Mesa, National City, Oceanside, Poway, Rancho Santa Fey Santee, Solana
Beach and Vista per the attached specifications and conditions.
The listed agencies. estimate purchases of 325 jackets and 325 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 nondeclarfl 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
(approxi'mately November 1, 2002 to October 31, 2003). 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, quality of workmanship, references, 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
0 Bidder's Statement of Technical Ability and Experience
0 Bidder's Statement of Ability to Provide Services
0 Bidder's Statement of Unspecified Value Added Offerings
Sample Garments
Sample garments must be received in the Purchasing Department before 11 :00 A.M.. on
October 3,2002.
THE CITY ENCOURAGES THE PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES.
1635' Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-2460 - FAX (760) 602-8556 @ &,:*
C.
Allstar Fire Equipment Inc.
12328 Lower Azusa Road
Arcadia. California 91006
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 aqreement is attached for your information onlv. do not siqn the aqreement.
Direct any questions regarding this bid to Jim Sartorio at 760-602-2467
The Cily 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 whatever, 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 xxxx NO
PUBLIC AGENCY CLAUSE
It is intended that any other public agency (is., 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. 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.
YES xxxx NO
READ THE ATTACHED GENERAL PROVISIONS CAREFULLY, THEY ARE A PART OF YOUR BID.
Firm Allstar Fire Equipment, Inc
Address 12328 LowerAzusa Road
Arcadia GUARANTEE OF GOOD FAITH REQUIRED:
$ . None (FAILURE TO SUBMIT
GUARANTEE OF GOOD FAITH WILL VOID State,Zip California 91 006
THE BID. SEE PARAGMPH 3, GENERAL
PROVISIONS.) Bent
city
Allstar Fire Equipment, Inc.
12328 lower Azusa Road
Arcadia. California 9fClCl6
COST AND DELIVERY PROPOSAL
COST
Jacket
BASE GARMENT (Sizes: X-Smatl thru X-Large) $1 12.85
Barrier Wear - Model Numbers: XX-Large $1 18.50
Coal - 4400SD-1 OC XXX-Large $124.15
Pant - 4070SD-1 OC
Pant
$100.75
$105.80
$1 10.85
OPTIONS
The following items must be available as options to the base garment
Outer Shell Jacket Pant
6 oz. Nomex (Sizes: X-Small thru X-Large) $1 09.40
Barrier Wear - Model Numbers: XX-Large
XXX-Large Coat - 44OOSD-1OB
Pant - 4070SD-10B
$1 14.85
$120.35
$97.05
$101.90 $106.75
9.0 oz. Fire retardant cotton
6arrierWear - fhdel k~mbers: (Sizes: X-Small thru X-Large) $73.25 $66.00 Coal - 4400SD-11 B XX-Large
Pant - 4070SD-11 B $76.90 $69.30
XXX-Large $80.60 $72.60
Pockets OPENED, WITNESSED AND RECORDED:
Additional radio pocket $20.00 /O%L
DELIVERY DATE
Maximum number of calendar days from receipt of order to receipt of garments 45 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 certainly. The vendor shall be subject
to liquidated damages to be deducted from the contract price in the sum of $0.50 per jacket and
$0.50 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 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.
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 provided contracted services.
Barrier Wear Mfg. is the manufacturer of this brush clothing
~~
and first order would run 45 days after that delivery would
run 30-45 days ARO.
EXHIBIT I'B"
SPECIFICATIONS - WILDLAND FIRE PROTECTIVE GARMENTS
PART I: GENERAL REQUIREMENTS
GENERAL
Garments built per these specifications shall be compliant to NFPA STANDARD 1977 (current
edition) and shall comply with all CAUOSHA 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 minimum one-year 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 detay 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 $0.50 per
jacket and $0.50 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.
SAMPLE
The manufacture/bidder shall submit to the Purchasing Department, one (1) complete set of
wildland gear Jacket size-46, pants size- 36 waist, 30 length for evaluation prior to the bid due
date.
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.
MATERIAL
Garment shall be constructed using 7.5 oz yellow Nomex
Page 1 of 3
PART 11: 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.
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. "Turnour 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
ZIPPER
#10 Heavy Duty brass locking type, on Nomex tape. Preferred zipper placement shall extend
from the top of the collar to the bottom of the jacket. The zipper shall be covered under the
leading edge of the left side body panel. This leading edge shall be secured to the body of the jacket using a maximum of 34'' wide flame resistant hook and pile tape.
TRIM
A circumference band of 2" 3M brand "Triple Trim" (lime yellow/silver) shall be located on the
end of each sleeve, approximately 4" up from the cuff. A 2 band shall also encircle the bottom of the coat directly.above the hem line.
REFLECTIVE LETI'ERING
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 two "semi bellows" type pockets approximately 2"XlO"xlO The bottom of each 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 4 sides to provide additional
abrasion protection. Drain eyelets should be installed in pockets to allow for drainage
Pockets should have a two layer pocket flap 1/4" wider on each side of the pocket. The pocket
flaps should be closed by means of flame resistant hook and pile fastener tape orientated
appropriately to provide complete closure when the pocket is fully expanded
RADtO POCKET
Jacket shall have one (1) radio pocket on left breast. Pocket shall measure 7" long by 3" wide
and 2" deep, (finished size) with a two layer flap. Pocket should have a two layer pocket flap
1/4" wider on each side of the pocket. The pocket flaps should be closed by means of flame
resistant hook and pile fastener tape orientated appropriately to provide complete closure when
the pocket is fully expanded. A 1" wide by 2" long microphone clip shall be placed
approximately 2' directty above the radio pocket
Page 2 of 3
PART 111: WILDLAND FIRE PROTECTIVE PANTS
DESIGN
The pant should 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.
Top of pant should incorporate a 2“ finished wide cotton elastic completely sealed in outer shell
material. The pants. should include 5 five belt loops of same material.
The fly closure should allow for maximum protection and ease of use. If a zipper is used, it shall
be a #10 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 %” wide
Pant cuff should be two layers in thickness. Pants should have a #10 size zipper closure on the
bottom edge of pant leg 12” - 14” long with bellows. Zipper should 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 should incorporate the ability to access the wearer‘s uniform pant pockets,
without having to open the fly.
TRIM
A circumference band of 2“ 3M brand “Triple Trim” (lime yellow/silver) shall be located above
the bottom edge of the pant leg.
PANT POCKETS Pants should incorporate at least one (1) rear patch type pocket, preferably on the right side, with a two-layer flap. Pocket closure should consist of hook and hook 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 1/2 of each pocket should be lined on the inside on all 4 sides to provide additional
abrasion protection. Drain eyelets should be installed in pockets to allow for drainage
Pockets should have a two layer pocket flap 1/4” wider on each side of the pocket. The pocket
flaps should be closed by means of flame resistant hook and pile fastener tape orientated
appropriately to provide complete closure when the pocket is fully expanded
KNEE PADS
An appropriately sized and placed knee pad consisting of one additional layer of outer shell
material should be incorporated to provide additional abrasion resistance in the knee area
Page 3 of 3
EXH I B I T "C"
CITY 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 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. EiJQS RF .'SUBL\IZInFn IN A SFAl Fl7 FNVFl OPF WITH
TF WTH T& SPF- AS FI-
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.
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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.
~ "" ___ "~ ~~ "" ~____-~ .
" 1 " 9/02
/4?
CITY OF CARLSBAD
GENERAL PROVISIONS
PLEASE READ CAREFULLY
THESE PROVISIONS ARE A PART OF YOUR BID AND ANY CONTRACT
Pursuant to the lrjbtice '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.
6. 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.
I. FORMS
The Purchasing Officer will furnish forms and specifications for all proposals and
no bids will receive consideration unless made upon forms so furnished. EUQS
T RF A. sEQ( Fn FNVFI T)PF WITH
F, CDhdPl FTF WUH THF SPF-NS AS Fl- Fn TO CITY C)J? C.WAU=G l3FPqglhdFNT c_lB
TFn IN THF -X AT lm5 FA"Y A\/FVn CA
. . .. ~ ~~. . . . ~.
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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. - _, . ~- ." ~~ . - .
" 1 " 9/02
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.
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 (IO) 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.
9102
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 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 closi'ng 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 hid. The-City reserves .tbe.sole. right to reject a su.bstituted 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.
" 3 " 9/02
I I'
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.
IO. 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 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. . ..
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@) below the
price@) 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 thereaffer. 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
iwaihg 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.
" 4 " 9/02
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
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.
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.
17. SIGNATURE
All bids must be signed, with the firm named as indicated. A bid by a corporation
must -be signed hy 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
" 5 " 9102
20.
21.
22.
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.
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.
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.
WARRANTIES
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"protecti0n .will -be 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.Cjty_'s schedules and. deadlines. City-may require Bidder to
post a performance bond after contract award to guarantee performance of
9102
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
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 predetemined
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.
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.
" 7 " 9/02
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, andlor 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 representative of the City. Until delivery and final acceptance, and
__ 8 __ 9102
31.
32.
33.
34.
35.
after any rejection, risk of loss will be on .the Bidder, unless loss results from the
sole negligence of the City.
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.
LATE SHIPMENTS
Bidder is respon.sible 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.
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.
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.
CONSEQUENCES OF VIOLATIONS OF LAW REGARDING ANTI-COMPETI-
TlVE 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:
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.
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
" 10 " 9/02
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 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 (IO)
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
" 11 " 9/02
9A
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 perfom
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 beyond 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 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.
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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 ar 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 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.
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47. TEN PERCENT (10%) RETENTION
The City reserves the right to withhold a ten percent (10%) retention on all
Purhase 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.
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