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R-04-12-02-9B1 - 12/2/2004 RESOLUTION NO. R-04-12-02-9131 WHEREAS, the City of Round Rock ( "City") desires to purchase 56 self-containing breathing apparatus and 43 spare cylinders for the Fire Department, and WHEREAS, while only one bid was received from CASCO Industries, Inc. , the City Council has determined that the bid is acceptable, and WHEREAS, the City Council wishes to accept the bid of CASCO Industries, Inc . , Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of CASCO Industries, Inc. is hereby accepted and the City Manager is hereby authorized and directed to issue a purchase order to CASCO Industries, Inc. for the purchase of 56 self-containing breathing apparatus and 43 spare cylinders for the Fire Department. The City .Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open. Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 2nd day of December, 2004 . KYLE L, r Cit of Round Rock, Texas A T. CHRISTINE R. MARTINEZ, City Secretaf @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R41202B1.WPD/SC 1 11/9/04: 05-006 FIRE - Self Containing Breathing Apparatus Bid Tab VENDOR Casco Industries, Inc. ITEM # CLASS & ITEM QTY UNIT UNIT PRICE Extension SELF-CONTAINING BREATHING 1 APPARATUS EQUIPMENT 56 EACH $ 3,304.00 $ 185,024.00 each total 2 AIR CYLINDER 43 EACH $ 545.00 $ 23,435.00 each total Other Vendors provided bid packages (NO RESPONSE): $ 208,459.00 AAA Fire & Safety Equipment TOTAL BID Airgas Southwest, Inc. Alliance Fire Protection Bio-Tech Response Services Safequip, Inc. Simplex Grinnell TCB Enterprises Fisher Safety --�- INVITATION FOR BID(IFB) ^` CITY OF ROUND ROCK PURCHASING OFFICE 221 E.Main Street Round Rock,Texas 78664-5299 BIDS ARE DUE TO THE PURCHASING OFFICE BIDDING INFORMATION:SELF-CONTAINING BREATHING APPARATUS AT THE ABOVE ADDRESS BEFORE BID FACSIMILE RESPONSES BID NUMBER 05.006 OPENING TIME. SHALL NOT BE ACCEPTED OPENING DATE: 111912004 AT 3:00 PM BID LOCATION: 221 E.Main Street,lstFloor INVOICE TO: Council Chambers,Round Rock,TX 78664 RETURN SIGNED ORIGINAL AND ONE COPY OF BID City of Round Rock Accounts Payable SHOW BID OPENING DATE&BID BIDDER SHALL SIGN BELOW 221 East Main Street NUMBER IN LOWER LEFT HAND Failur It si bid will disqualify bid CORNER OF SEALED BID Round Rock, Texas 78664 ENVELOPE&SHOW RETURN ADDRESS OF BIDDING FIRM. Authorized Signature Date BID F.O.B.DESTINATION 60#L.,A•t,0 00t-tA_1_f0A J UNLESS OTHERWISE SPECIFIED BELOW Print Name DESTINATION: SEE 1.7 ON BACK FOR INSTRUCTIONS: TAX ID NO.: 9 42 cc City Of Round Rock LEGAL BUSINESS NAME: Central Fire Station ADDRESS: n V-77t� 203 Commerce Blvd. ADDRESS: �'uRE RT rn Round Rock,Texas 78664 CONTACT �JV TELEPHONE NO.: 2IL LA 1 J—.7 Z91 -_.. . ... ------- I BUSINESS ENTITY TYPE: I QZ f te,64 1 J.J(+ Best Bid Evaluation:All bids received shall be evaluated based on the Best Value for the City,which will be determined by considering all or part of the following criteria:Bid Price;Reputation of Bidder;Extent to which the Goods or Services meet the City's needs;and Bidder's Past Relationship with the City;as well as any relevant criteria listed In the attached Specification Number 04-340-07,dated October 2004(12 pages). Bidder agrees to comply with all conditions set forth below and on the reverse side of this IFB. ITEM # CLASS &ITEM QTY UNIT MAKE/MODEL UNIT PRICE EXTENSION SELF-CONTAINING BREATHING APPARATUS / ` S A EQUIPMENT WITH:Facepiece,Heads-Up- j-r �' G 3 Display,Rapid Intervention Crew System, Fire Stage Regulator,Mask-mounted Regulator, 1 Primary Low Pressure Warning Device,Airframe 56 EACH Carrier&Harness, ICM Combination PASS and $ O p O $ 0 2 np Redundant Alarm,an Air Cylinder and a Spare Air Cylinder for each unit(per attached Specifications#04-340-07). each total HSA 2 AIR CYLINDER(same type as in Item#1) 43 EACH $ S`45,00 $ 23 Lf 3 9'. • 090,758-1 each total "By the signature hereon affixed,the bidder hereby certifies that neither the bidder nor the entity represented by the bidder,or anyone acting for such entity has violated the antitrust laws of this State,codified in Section 15.01 et seq.,Texas Business and $ 2 $ ` no Commerce Code,or the Federal antitrust laws,nor communicated directly or indirectly,the bid made to any competitor or any other person engaged in such line of business." TOTAL BID DATE: November 23, 2004 SUBJECT: City Council Meeting - December 2, 2004 ITEM: 9.B.1. Consider a resolution authorizing the City Manager to issue a purchase order to CASCO Industries, Inc. for the purchase of 56 Self-Containing Breathing Apparatus and 43 spare cylinders. Department: Fire Staff Person: David Smith, Interim Fire Chief Justification: The new SCBA system has protection against chemical, biological, radiological and nuclear (CBRN) Agents and an emergency breathing system for our firefighters. Funding• Cost: $208,459.00 Source of funds: Self-Financed Outside Resources: N/A Background Information: The SCBA team and other members of the Fire Department have evaluated the SCBA system and determined it to be the best buy for the Fire Department. The new SCBA system is equipped with a positive Protection Chemical shield membrane that covers the diaphragm, preventing against the permeation of Chemical, Biological, Radiological and Nuclear (CBRN) Agents. In addition, this system will have an emergency breathing system. On Tuesday, November 9, 2004 one bid was received for 56 Self-Containing Breathing apparatus, (SCBA) and 43 spare cylinders. CASCO submitted a bid of $208,459.00. Staff recommends acceptance of the bid from CASCO. The SCBA recommended for purchase meet the specifications written by the SCBA team. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1, BIDDING REQUIREMENTS: 1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees product offered will meet or exceed specifications identified in this Invitation For Bid(IFB). 1.2 Bids should be submitted on this form. Each bid shall be placed in a separate envelope completely and property Identified. See instructions on reverse side. Bids must be in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB.- 1.3 Late bids property Identified will be returned to bidder unopened. Late bids will not be considered. 1.4 Bid F.O.B.destination,freight,prepaid,&allowed unless otherwise specified on the IFB. If otherwise,show exact cost to deliver. 1.5 Bid unit price on quantity and unit of measure specified,extend and show total. In case of errors in extension, unit prices shall govern. Bids subject to unlimited price Increase will not be considered. 1.6 Bid prices shall be firth for acceptance 30 days from bid opening date. "Discount from List" bids are not unless requested. Cash discount will not be considered in determining the low bid. All cash discounts offered will be taken if earned. 1.7 Bids shall give Tax Identification Number,full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show tittle and authority to bind signatories firm in a contract. Firm name should appear on each page in the block provided in the upper right corner. Business Entity shall be one(1)of the following: Individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation, Governmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP;List legal name followed by legal business name and Social Security Number. ALL OTHERS;List legal name of entity and Tax Identification Number(Tin). 1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be withdrawn after opening time without approval of the CiTY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid. 1.10 The City reserves the right to accept or reject all or any part of bid,waive minor technicalities and award the bid to best serve the interests of the City,Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations. 1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB. 1.13 CAUTION:Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late,illegible,incomplete,or otherwise non-responsive 2. SPECIFICATION: 2.1 Any catalog,brand name or manufacturers reference used In IF8 is descriptive only(not restrictive),and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s)specified is offered,illustrations and complete descriptions of product offered are requestedtobe made a part of the bid. If bidder takes no exceptions to specifications or reference data in bid,bidder will,be required to furnish brand names numbers,etc,as specified in the IFB. 2.2 All items bid shall be new,in first Gass condition, Including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the contrary will not be recognized. 2.3 Samples,when requested,must be furnished free of expense to the City. If not destroyed in examination,they will be returned to the bidder,on request,at bidder expense. Each example should be marked with bidders'name and address,City bid number and code. Do not enclose in or attach to bid. 2.4 The Citywill not be bound by any oral statement or representation contrary to the written specifications of this IFB. 2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the IFB. 3. TIE BIDS: In case of fie bids,the award will be made in accordance with Section 271.901 of the Texas Local Government Code. 4. DELIVERY: 4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete delivery in fourteen(14)calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded: Consistent failure to meet delivery promises without valid reason may cause removal from bid list.(See 4.2 following.) 4.2 If delay is foreseen,contractor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid.Contractor must keep the City advised at all times of status of order. Default in promised delivery(without acceptable reasons)or failure to meet specifications,authorizes the City to purchase supplies elsewhere and charge full increase,if any,in cost and handling to defaulting contractor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only,unless prior approval for late delivery has been obtained from the City,unless otherwise specified in the IFB. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications,the cost of the sample used and the cost of the testing shall be bome by the supplier. Goods,which have been delivered and rejected in whole or in part,may,at the City's option,be returned to the Vendor or held for disposition at Vendors risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms,conditions,and specifications contained in the IFB Bids do not become contracts unless and unfit they are accepted by the City through its designates and a purchase order is issued. The contract shall be governed,construed,and interpreted under the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council. 7. PAYMENT: Vendor shall submit three(3)copies of an Invoice showing the purchase order number on all copies. 8. PATENTS AND COPYRIGHTS:The contractor agrees to protect the City from claims involving infringements of patents or copyrights. 9. VENDOR ASSIGNMENTS:Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract,which arise under the antitrust laws of the State of Texas.Tx,Bus.And Comm.Code Ann.Sec.15.01,at seq.(1967). 10. BIDDER AFFIRMATION: 10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts,and the bidder shall be removed from all bid lists. By signature hereon affixed,the bidder hereby certifies that: 10.2 The bidder has not given,offered to give,nor intends to give any time hereafter any economic opportunity,future employment,gift,loan,gratuity,special discount,tip,favor, or service to a public servant in connection with the submitted bid. 10,3 The bidder is not currently delinquent in the payment of any debt owed the City. 10.4 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm,corporation,or entity has violated the antitrust laws of this State codified in Section 15.01 at.Seq.Texas Business and Commercial Code,or the Federal Antitrust Laws,nor communicated directly or indirectly. the bid made to any competitor,or any other person engaged in such line of business. 10.5 The bidder has not received compensation for participation in the preparation of the specification for this IFB, 11. NOTE TO BIDDERS:Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form. WARNING:Such terms and conditions may result in disqualification of the bid(e.g.bids with the laws of a state other than Texas requirements for prepayment. Limitations on remedies,etc.) The City of Round Rock can only accept bids which contain all the terms and conditions of its formal IFB; in particular,all bidders affirmations and certifications must be included. Submission of bids on fortes other than City bid form may result in disqualification of your bid. 12. INQUIRIES: Inquiries pertaining to bid Invitations must give bid number,codes,and opening date. SPECIFICATION NO. 04-340-07 DATED: October 2004 CITY OF ROUND ROCK SELF-CONTAINING BREATHING APPARATUS 1. PURPOSE: The City seeks to contract with a qualified bidder to provide Self Containing Breathing Apparatus for the City of Round Rock Fire Department as identified on the Invitation For Bid (I FB). 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment or services. 2.2. City— Identifies the City of Round Rock, Williamson County, Texas. 2.3. Agreement—A mutually binding legal document obligating the Vendor to furnish the goods, equipment or services, and obligating the City to pay for it. 2.4. Vendor—(Sometimes referred to as Contractor)A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or purchase order. 2.5. Goods represent materials, supplies, commodities and equipment. 2.6. Purchase Order-is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed upon price. 2.7. Services -work performed to meet a demand. The furnishing of labor, time, or effort by the vendor and their ability to comply with promised delivery dates, specification and technical assistance specified 2.8. Subcontractor-Any person or business enterprise providing goods, labor, and/or services to a Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Vendor's obligations arising from a contract with the City. 3. CLARIFICATION: For clarification of specifications, bidders may contact: Randy Barker Purchasing Supervisor City of Round Rock Telephone: 512-218-3295 The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City of Round Rock through the Purchasing Division. PART I GENERAL CLAUSES AND CONDITIONS 1. The Vendor shall provide all labor and goods necessary to perform the project. The Vendor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. Page 1 of 12 Specification No. 04-340-07 DATE: October 2004 2. The Vendor shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. 3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Vendor, Vendor's employees, subcontractor(s) or subcontractor(s')employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. 4. BID EVALUATION:All bids received shall be evaluated based on the best value for the City. Best value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 4.1. Bid price 4.2. Reputation of the bidder and of bidder's goods and services. 4.3. The quality of the bidder's goods or services. 4.4. The extent to which the goods or services meet the City's needs 4.5. Bidder's past relationship with the City. All vendors will be evaluated on their past performance and prior dealings with the City to include, but not limited to,failure to meet specifications, poor quality, poor workmanship, late delivery. 5. AGREEMENT: The term of this Agreement shall be for a twelve-month period of time from the date of award. Prices shall be firm for the duration of the Agreement, except as provided for herein. This contract may be renewed for three additional periods of time not to exceed twelve months for each renewal provided both parties agree. 6. NON-APPROPRIATION:The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 7. VENDOR PERFORMANCE: The City reserves the right to review the Vendor's performance at the end of each twelve month contract period and to cancel all or part of the Agreement (without penalty)or continue the contract through the next period. 8. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by the City representative noted below: Charles Meserole Logistics Officer (512)218-3203 9. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the other party. Vendor shall provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or liability that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation,without penalty, at any time the City deems the vendor to be non-compliant with contractual obligations. 10. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged the difference in service if any and shall not be considered in the re-advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Page 2 of 12 Specification No. 04-340-07 DATE: October 2004 11. PRICE ADJUSTMENT: The City may permit"unit price"adjustments upward, only as a result of a cost increase in services in accordance with the Producers Price Index at http://stats/bls.aov/ppi/. Any price increase shall be requested by the contractor in writing and accompanied with the appropriate documentation to justify the increase. Increase may only be made at the beginning of each contract year with 60 day written notice. The vendor may offer price decreases in excess of the allowable percentage change. 12. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation,workers'compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Vendor shall furnish the City with satisfactory proof of its compliance. 13. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local standards, codes and ordinances and the terms and conditions of the services of the electric utility, as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be waived). 14. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City's request the Vendor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 1s. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County. 16. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker'Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. 17. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting agreement and arising out of a willful or negligent act or omission of the Vendor, its officers, agents, servants and employees. 18. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents, representatives, volunteers, employees or subcontractors. 18.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 18.2. The following standard insurance policies shall be required: 18.2.1. General Liability Policy 18.2.2. Automobile Liability Policy 18.2.3. Worker's Compensation Policy 18.3. The following general requirements are applicable to all policies: 18.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. Page 3 of 12 Specification No. 04-340-07 DATE: October 2004 18.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 18.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 18.3.4. Upon request,certified copies of all insurance policies shall be furnished to the City 18.3.5. Policies shall include, but not be limited to, the following minimum limits: 18.3.5.1. Minimum Bodily Injury Limits of$300,000.00 per occurrence. 18.3.5.1.1. Property Damage Insurance with minimum limits of$50,000.00 for each occurrence. 18.3.5.1.2. Automobile Liability Insurance for all owned, non-owned, and hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person, and$300,000.00 for each occurrence, and Property Damage Minimum limits of$50,000.00 for each occurrence. 18.3.5.1.3. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 18.3.6. Coverage shall be maintained for two years minimum after the termination of the Contract. 18.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 18.5. Vendor agrees that with respect to the required insurance, all insurance contracts and certificates) of insurance shall contain and state, in writing, on the certificate or its attachment, the following provisions: 18.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's insurance as primary. 18.5.2. Name the City and its officers, employees, and elected officials as additional insured's, (as the interest of each insured may appear) as to all applicable coverage. 18.5.3. Provide thirty days notice to the City of cancellation, non-renewal, or material changes 18.5.4. Remove all language on the certificate of insurance indicating: 18.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 18.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 18.5.5. Provide for notice to the City at the addresses listed below by registered mail: 18.5.5.1. Vendor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other loss to the extent it may be covered by the proceeds of insurance. 18.5.6. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. Page 4 of 12 Specification No. 04-340-07 DATE: October 2004 18.5.7. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 18.5.8. Vendor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 18.5.9. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main Street 309 East Main Street Round Rock,TX 78664-5299 Round Rock, TX 78664 18.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Vendor shall not relieve the Vendor of full responsibility or liability for damages and accidents as set forth in the these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Vendor from liability. 18.7. If the Vendor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Vendor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. 19. WORKERS COMPENSATION INSURANCE: Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. 19.1. Certificate of coverage("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers'Compensation Commission, or a coverage agreement (TWCC-81,TWCC-82, TWCC-83,or TWCC-84),showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 19.2. Duration of the project-includes the time from the beginning of the work on the project until the CONTRACTOR'S/person's work on the project has been completed and accepted by the OWNER. 19.3. Persons providing services on the proiect("subcontractor")in Section 406.096 includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes,without limitation, independent contractors, subcontractors, leasing companies, motor carriers,owner- operators, employees of any such entity, or employees of any entity, which furnishes persons to provide services on the project. "Services"include,without limitation, providing, hauling,or delivering equipment or materials,or providing labor,transportation, or other service related to a project. "Services"does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 19.4. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,that meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the CONTRACTOR providing services on the project,for the duration of the project. 19.5. The CONTRACTOR shall provide a certificate of coverage to the OWNER prior to being awarded the contract. 19.6. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project, the CONTRACTOR shall, prior to the end of the coverage period,file a new certificate of coverage with the OWNER showing that coverage has been extended. Page 5 of 12 Specification No. 04-340-07 DATE: October 2004 19.7. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 19.7.1. a certificate of coverage, prior to that person beginning work on the project,so the OWNER shall have on file certificates of coverage showing coverage for all persons providing services on the project; and 19.7.2. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 19.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 19.9. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery,within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 19.10. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. 19.11. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project,to: 19.11.1. provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,that meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all its employees providing services on the project, for the duration of the project; 19.11.2. provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project,for the duration of the project; 19.11.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 19.11.4. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 19.11.4.1. a certificate of coverage, prior to the other person beginning work on the project; and 19.11.4.2. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project 19.12. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 19.12.1. notify the OWNER in writing by certified mail or personal delivery,within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 19.12.2. contractually require each person with whom it contracts,to perform as required, with the certificates of coverage to be provided to the person for whom they are providing services. 19.12.3. By signing the solicitation associated with this specification, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who shall provide services on the project shall be covered Page 6 of 12 Specification No. 04-340-07 DATE: October 2004 by workers'compensation coverage for the duration of the project, that the coverage shall be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements shall be filed with the appropriate insurance carrier or, in the case of a self-insured,with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties,criminal penalties,civil penalties, or other civil actions. 19.12.4. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner. PART II SPECIFICATIONS 1. SCOPE: This specification describes Self Containing Breathing Apparatus Equipment for the City of Round Rock's Fire Department. 2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the performance and design criteria of the self containing breathing apparatus, as well as certain details to which the successful bidder shall conform. Bidders shall be responsible for furnishing equipment that meets or exceeds all of the requirements as set forth herein, as well as provide equipment that is designed for the intended application. 3. BIDDER QUALIFICATONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to determine the lowest responsible bidder from information submitted with the bid. All bidders shall furnish the following information at a minimum: 3.1. References: Provide the name, address, telephone number and point of contract of at least three firms that have utilized the exact technology for at least 2 years. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 3.2. Identify any subcontractors to be used for this project. Experience, qualifications and references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. 4. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the services needed to satisfy operating requirements, which may be more or less than indicated. 5. SPECIFIC REQUIREMENTS: 5.1. The apparatus shall be compliant with all requirements of the National Fire Protection Association's 2002 Edition of NFPA-1981 Standard on Open-Circuit Self-Contained Breathing Apparatus or latest revision. 5.2. Units equipped with an integrated Personal Alert Safety System (PASS) shall meet the requirements of National Fire Protection Association's (NFPA) 1982, 1998 edition. 5.3. Units equipped with optional Chemical, Biological, Radiological and Nuclear (CERN) protection shall be approved by the National Institute for Occupational Safety and Health (NIOSH), under 42 CFR, Part 84 for chemical, biological, radiological, and nuclear(CERN) protection with either a 30 minute-rated service life. 6. FACE PIECE: 6.1. The face piece shall be available in three sizes: small, medium and large; in Hycar rubber. 6.2. The lens shall be field-replaceable and of a shatter-proof type and shall fit all three sizes, small, medium and large of the face piece. Page 7 of 12 Specification No. 04-340-07 DATE: October 2004 6.3. The face piece shall have an inhalation check valve and exhalation valve to prevent exhaled air from entering and contaminating the mask-mounted regulator. 6.4. The face piece head harness shall be a flame and heat-resistant Kevlar assembly featuring a five-point, adjustable suspension. 6.5. The face piece shall have a speaking diaphragm with aluminum-coated membrane suitably protected, and located centrally to the face piece for optimal voice projection. 6.6. Two sizes, medium and large, of removable nose cups. The nose cup shall contain a voice collector system which enhances unamplified speech transmission. 6.7. An optional flame and heat-resistant Polybenzimidazole (PBI) neck strap shall be offered, to carry the face piece in a ready position for quick donning. 6.8. The face piece shall be Heads-Up-Display(HUD) ready, incorporating a mounting bracket for a receiver easily viewed by user when wearing face piece. 7. HEADS-UP-DISPLAY: 7.1. The Heads-Up-Display (HUD) System shall be wireless to eliminate snag hazards and provide modularity for easy maintenance. It shall be comprised of two primary components: 7.1.1. Transmitter 7.1.2. Receiver 7.2. The Heads-Up-Display (HUD) Receiver shall provide the user an indicator of the remaining volume of air level in their cylinder in 25% increments through a series of 4 colored Light Emitted Diode (LEDs). 7.2.1. The light logic used to convey remaining cylinder volume shall be as follows: Four Green Lights - 76 to 100% Cylinder Volume Three Green Lights - 51 to 75% Cylinder Volume Two Flashing Amber Lights - 26 to 50% Cylinder Volume Flashing Red Light - 0 to 25% Cylinder Volume 7.3. The Heads-Up-Display (HUD) System shall allow the user to select between two modes of operation: 7.3.1. Continuous lights on mode or 7.3.2. Intermittent lights on mode for power conservation. 7.4. The Heads-Up-Display(HUD) Receiver shall incorporate a light sensor that senses ambient light conditions, automatically adjusting the display to one of 16 pre-programmed light intensities. 7.5. The Heads-Up-Display (HUD) Receiver shall provide the user and their partner (by means of a buddy light)with a visual alarm indication of a low air cylinder. 7.6. The Heads-Up-Display (HUD) Transmitter shall incorporate a refresh button that permits a user to update their display or change the receiver's mode of operation. 7.7. The Heads-Up-Display (HUD) shall be immune to radio frequency interference (RFI), and shall function properly in the close proximity of fire service hand-held radios. 8. RAPID INTERVENTION CREW (RIC)SYSTEM: 8.1. The RIC connection shall use the Quick Fill® URC (universal rescue connection) reference (RFI), and shall function properly in the close proximity of fire service hand-held radios. 8.2. The(RIC)system shall: Page 8 of 12 Specification No. 04-340-07 DATE: October 2004 8.2.1. Quickly refill (less than one minute) a self-containing breathing apparatus (SCBA) cylinder from a mobile compressor or cascade system. 8.2.2. Transfill between two self-containing breathing apparatus (SCBA) wearers, providing an emergency breathing system (EBS), while maintaining NIOSH approvals. 8.2.3. Extend the wearer's air supply over longer duration when a remote cascade system or other compressed gas source is located in a remote area. 8.2.4. Transfill and refill in immediately dangerous to life or health (IDLH)atmospheres. 9. FIRST-STAGE REGULATOR: 9.1. Reduce the cylinder pressure down to an outlet pressure not to exceed 85 psi. Regulator outlet pressure shall be adjustable. 9.2. Regulator redundancy shall be achieved by two inter-nested long-life springs. 9.3. The regulator body shall be constructed of a high strength, heat treated aluminum alloy; and plated with a Teflon hard coat anodized to minimize corrosion and wear of internal components. 10. MASK-MOUNTED, PRESSURE-DEMAND REGULATOR• 10.1. The mask-mounted pressure-demand regulator shall consist of the following: 10.2. An over-the-shoulder air-supply hose routed through a shoulder strap tunnel to the first-stage regulator. 10.2.1. Air-supply hose shall be made of neoprene from the second stage regulator. 10.2.2. Attachment to an inline swivel or quick-connect. 10.3. The detachable regulator shall have a push-to-connect attachment to the face piece. 10.3.1. This regulator shall feature a non-indexing design, mounting to the face piece in any orientation. 10.3.2. The regulator shall rotate freely 360 degrees when connected to the face piece, maximizing the user's freedom of head movement. 10.4. The second stage regulator shall not obstruct or reduce the field of vision of the wearer when installed on the face piece. 10.5. When doffing the regulator, the disengagement of the regulator from the face piece shall simultaneously stop the flow of air. 10.6. The second stage regulator shall be equipped with a Positive Protection Chemical Shield membrane that covers the diaphragm, preventing against the permeation of Chemical, Biological, Radiological and Nuclear(CERN)agents. 10.6.1. The second stage regulator shall be labeled with a Chemical, Biological, Radiological and Nuclear(CBRN)notation. 11. PRIMARY LOW PRESSURE WARNING DEVICE: 11.1. An audible alarm shall be an air-actuated, self-cocking, continuous ringing audible warning bell automatically operating when air pressure in the supply cylinder reaches approximately 25% of the rated service life. 12. CYLINDER: 12.1. The cylinder shall be constructed of a deep-drawn, seamless aluminum liner that is fully wound over its entire surface (except for the thick neck area) with high-strength carbon fiber filaments impregnated with epoxy resin. 12.2. The cylinder shall have a minimum 2-inch wide luminescent band to enhance visibility of the wearer. Page 9 of 12 Specification No. 04-340-07 DATE: October 2004 12.3. Cylinder shall contain a closing valve, which shall incorporate a pressure gauge to indicate the pressure in the cylinder at all times. 12.3.1. Pressure gauge face shall be luminescent. 12.3.2. Hand wheel shall be at a 900 angle from the longitudinal plane of the cylinder. 12.3.3. Valve shall incorporate a flow control insert to limit the airflow over the first half- rotation of the hand wheel, minimizing propulsion thrust in the event the cylinder is mishandled. 12.4. Cylinder shall have an operating pressure of 4500 psi. 12.4.1. Cylinder shall be available in 30 minute durations. 13. AIRFRAME CARRIER& HARNESS: 13.1. Shall have an adjustable double-pull Kevlar waist belt. 13.2. Shall have a metal push-button seat belt-type buckle. 13.3. Shall Have two padded Nomex shoulder straps, each having a Kevlar strap reinforcement that provides retention if the Nomex fibers are weakened. 13.3.1. The shoulder straps shall have retro reflective markings and shall have anti-rotation- style buckles for ease of adjustment. 13.4. The friction buckles of the shoulder straps and waist strap shall be constructed of forged stainless steel (minimum 0.125 gauge)for maximum strength and resistance to wear. 13.5. Shall have a mid-connect Kevlar-blend chest strap with snap-type fastener that properly positions the shoulder straps allowing full arm movement. 13.6. Shall have an optional lumbar pad to enhance comfort to the lower back of wearers. 13.7. The lumbar pad shall be available with an optional 6-way swivel feature to maximize the range of motion and comfort of the user. 13.8. The back plate shall be constructed of a glass reinforced composite material that conforms to the user's back and provides spine relief for wearers with protruding vertebrae. 13.9. The back plate shall be equipped with large side handles for pulling and dragging a firefighter to safety. 13.9.1. Each handle shall hold a 400 Ib. (minimum) load in the vertical and horizontal direction,with a combined load of 800 lbs. (minimum). 13.10. The back plate shall be equipped with a centrally located carabineer attachment point for the purpose of dragging a downed firefighter. 13.10.1. The attachment point shall hold a 1000 Ib. Load (minimum). 13.11. The back plate shall be equipped with a first stage regulator slide for ease of cylinder connection. 13.12. Shall have an adjustable, stainless steel cylinder band having a quick-opening device at one end to properly retain various size cylinders. 13.12.1. Cylinder band shall retain its open shape for easy cylinder change-out. 13.13. All harness components shall be affixed with tri-bar slides. 13.13.1. Shall be field-replaceable with no tools required. 14. OPTIONAL SHOULDER-MOUNTED QUICK-FILL EBS SYSTEM ACCESSORY• 14.1. Shall quickly refill (less than one minute) a self-containing breathing apparatus (SCBA) cylinder from a mobile compressor or cascade system. Page 10 of 12 Specification No. 04-340-07 DATE: October 2004 14.2. Shall transfill between two self-containing breathing apparatus (SCBA)wearers. 14.2.1. Shall provide an emergency breathing system (EBS). 14.2.2. Shall maintain NIOSH approvals. 14.3. Shall extend the users air supply over longer duration when a remote cascade system or other compressed gas source is located in a remote area. 14.4. Shall transfill and refill in immediately dangerous to life or health (IDLH)atmospheres. 15. ICM COMBINATION PASS AND REDUNDANT ALARM: 15.1. The combination shall have an integrated Personal Alert Safety System (PASS) and redundant low-pressure alarm. 15.1.1. Shall be contained in a single enclosure to eliminate wires that can be snag hazards and for easy replacement in the event of fire ground damage. 15.2. The integrated Personal Alert Safety System (PASS) unit shall be immune to radio frequency interference (RFI). 15.2.1. Shall function properly in the close proximity of fire service hand-held radios. 15.3. The combination Personal Alert Safety System (PASS) and redundant alarm shall be equipped with an optional heat sensor and time remaining display. 15.3.1. The time remaining shall update calculations every 30 seconds, based on a users previous 3 minutes of air consumption. 15.3.1.1. The initial calculation shall appear after 3 minutes. 15.4. The unit shall be equipped with a mechanical analog gauge, in the event of electrical / battery failure. 15.5. The unit shall store up to 30 hours of use information, in the form of sessions that are generated each time the self-containing breathing apparatus (SCBA) is pressurized. 15.5.1. The sessions shall indicate the day, time, cylinder pressure, duration of use, and time of alarm (PASS, RA, and thermal), for each pressurization of the self-containing breathing apparatus (SCBA). 15.5.2. The sessions shall provide the option of being downloaded to a personal computer for addition to maintenance records, or for use in incident investigations. 15.6. The unit shall meet NFPA 1981, 2002 edition, and NFPA 1982, 1998 edition standards. 16. EMERGENCY ESCAPE BREATHING SUPPORT SYSTEM (EXTENDAIRE)• 16.1. Emergency escape breathing support system shall be accommodated by the self-containing breathing apparatus (SCBA). 16.2. The system shall have a common airline, quick-disconnect fitting. 16.3. The system shall connect to the intermediate pressure side of the self-containing breathing apparatus (SCBA), downstream of the first stage regulator. PART III DELIVERY, SERVICE,ACCEPTANCE AND PAYMENT 1. DELIVERY: Delivery and installation of the equipment shall be completed within the number of days bid. All shipments shall be FOB Destination our dock and received between the hours of 8:OOAM and 4:OOAM, Monday through Friday. Page 11 of 12 Specification No. 04-340-07 DATE: October 2004 2. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor shall be notified within this time frame if the unit delivered is not in full compliance with the specifications. If any purchase order is canceled for a unit for non-acceptance, the needed equipment may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 3. INVOICING: Vendor shall submit one original and one copy of invoice to the following address: City of Round Rock Finance Department 221 East Main Street Round Rock, TX78664-5299 4. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the supplies, materials, equipment, or the day on which the performance of services was completed or the day on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law)for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 4.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 4.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 4.3. The is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 4.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 5. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et seg., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et sea. Page 12 of 12