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R-05-11-22-9B1 - 11/22/2005RESOLUTION NO. R -05-11-22-9B 1 WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of turnout gear 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 Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Fire Department Turnout Gear with Casco Industries, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. 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 22nd day of November, 2005. X , . , Mayor Ci y of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secre @PFDesktop\::ODMA/WORLDOX/O:/Wdox/RESOLUTI/R51122B1.WPD/sc CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF FIRE DEPARTMENT TURNOUT GEAR FROM CASCO INDUSTRIES, INC. THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENT: That this Agreement for purchase of Fire Department turnout gear, and for related goods and services, referred to herein as the "Agreement," is made and entered into on this the day of the month of , 2005, by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and CASCO INDUSTRIES, INC., whose offices are located at 607 West 62nd Street, Shreveport, Louisiana 71106, referred to herein as the "Vendor." This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase Fire Department turnout gear, and to purchase associated services including but not limited to on-site sizing, minor and major alterations, delivery, maintenance of all sizing profiles and adequate stocks of garments, and City desires to purchase same from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and services, and City has selected the Bid submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE: WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods and Vendor is obligated to sell specified goods. The 00092265/jkg .o a EXHIBIT IIArt Agreement includes the following: (a) City's Invitation for Bid designated as IFB 05-059, Specification Number 05-340-34 dated September 2005; (b) Vendor's Response to IFB; (c) the contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: This Agreement; Purchaser's Response to IFB; City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods mean the specified supplies, materials, commodities, or equipment. F. Vendor means Casco Industries, Inc., or any successors or assigns. 2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The initial term of this Agreement is for twelve (12) months from the effective date hereof. After that initial term, this Agreement may be renewed for successive terms of twelve (12) months each, not to exceed in the aggregate four (4) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. C. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 2 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor as the integrator of choice to supply the goods as outlined in IFB 05-059, Specification Number 05-340-34 dated September 2005, and Response to IFB submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to the IFB. The goods which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED All bid items on Exhibit "A" are awarded to Vendor. 5.01 COSTS Bid costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor. 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 7.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 8.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on 3 which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge a late fee of one percent (1%) for payments not made in accordance with this Prompt Payment Policy; however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 9.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 10.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 11.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 12.01 INSURANCE Vendor shall meet all requirements as stated in the attached Invitation for Bid No. IFB 05-059 and its bid response. 13.01 CITY'S REPRESENTATIVE City hereby designates the following representatives authorized to act in its behalf with regard to this Agreement: Charles Meserole Fire Logistics Officer II Round Rock Fire Department 2919 Joe DiMaggio Boulevard Round Rock, Texas 78664 512-218-3203 14.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 15.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re -advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 16.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Vendor. 5 B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 17.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 19.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other regarding the terms hereof. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 20.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Casco Industries, Inc. 607 West 62nd Street Shreveport, LA 71106 Notice to City: Assistant City Manager 221 East Main Street Round Rock, TX 78664 Stephen L. Sheets, City Attorney AND TO: 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 22.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 23.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. 7 City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 24.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 25.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. 8 City of Round Rock, Texas Casco Industries, Inc. By: Title: Date Signed: Attest: By: Christine R. Martinez, City Secretary Approved as to Form: By: Stephan L. Sheets, City Attorney 9 By: Title: j .,l fit7Y) Date Signed: jO ._ Z. &r INVITATION FOR BID (IFB) CITY vF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 BIDS ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE BID OPENING TIME. ' INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas 78664-5299 BID F.O.B. DESTINATION UNLESS OTHERWISE SPECIFIED BELOW DESTINATION: City of Round Rock Fire Department 2919 Joe DiMaggio Blvd. Round Rock, Texas 78664 FACSIMILE RESPONSES SHALL NOT BE ACCEPTED SHOW BID OPENING DATE & BID NUMBER IN LOWER LEFT HAND CORNER OF SEALED BID ENVELOPE & SHOW RETURN ADDRESS OF BIDDING FIRM. BIDDING INFORMATION: FIRE TURNOUT GEAR BID NUMBER OPENING DATE: BID LOCATION: 05-059 9/20/2005 at 3:00 P.M. 221 E. Main Street, 1st Floor Council Chambers Round Rock, Texas 78664 RETURN SIGNED ORIGINAL AND ONE COPY OF BID BIDDER SHALL SIGN BELOW Failure to sign bid will disqualify bid Authorized Signature Ths+As L.)peika A-64 tc9Nl Print Name Date SEE 1.7 ON BACK FOR INSTRUCTIONS: TAX ID NO.: —7 Qcci gq 3 (0 LEGAL BUSINESS NAME: e'er S'C 0 ,„ "j pt) d -j'ICt 6-S XN C ADDRESS: kj 67 we -t-- 6 2 iub S1r'z SET' ADDRESS_ 15'/LJ Q E VE 0,2 r f LA 711 06 CONTACT: N p v Au e %TO ti -A-0100-1 TELEPHONE NO.: ri2.- L., / r-- zQ 75' BUSINESS ENTITY TYPE: F1(2.CFt 6 tt Ttn%G E`&v t • Me'�T' "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 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." FIRE TURNOUT GEAR 1 Jackets, Outer Shell 4. t4o,S7vet $4eIRlE 27 ea 2 3 �4-- Trousers, Outer Shell' 5 sp r -N. 5 27 ea Jackets, Moisture Barrier 4 27 ea 73J.°O 1917/0.6° 532.0° 1'i 3 b4,oa Trousers, Moisture Barrier 27 ea Trouser Suspenders 27 ea Page 1 of 2 TOTAL PROPOSED COST $ 3� }O1' -i ®o 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. SPECIFICATION NO. 05-340-34 September 2005 CITY OF ROUND ROCK TURNOUT GEAR — FIRE DEPARMENT 1. PURPOSE: The City seeks to establish a multiple year contract with a responsible bidder that has the means and ability to supply the City's Fire Department with turnout gear. Vendor shall provide services to include, but not limited to on-site sizing, minor and major alterations, delivery, maintaining all sizing profiles and adequate stock of garments to outfit new firefighters and replace garments as needed and in the specified time period throughout the contract year and any extensions. 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, Travis and 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. Page 1 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 PART I GENERAL CLAUSES AND CONDITIONS 1. The equipment furnished under this specification shall be the latest improved model in current production, as offered to commercial trade, and shall be of quality workmanship and material. The bidder represents that all equipment offered under this specification shall be new. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE OR DISCONTINUED MODELS ARE NOT ACCEPTABLE. 2. Bidder should submit with the bid the latest printed literature and detailed specification on equipment the bidder proposes to furnish. This literature is for evaluation purposes. 3. The unit shall be completely assembled and adjusted. All equipment including standard and supplemental equipment shall be installed and the unit made ready for continuous operation. 4. All parts not specifically mentioned, which are necessary for the unit to be complete and ready for operation or which are normally furnished as standard equipment shall be furnished by the vendor. All parts shall conform in strength, quality and workmanship to the accepted standards of the industry. 5. The unit provided shall meet or exceed all federal and state of Texas safety, health, lighting and noise regulations and standards in effect and applicable to equipment furnished at the time of manufacture. 6. The City of Round Rock is committed to procuring quality goods and equipment. We encourage manufacturers to adopt the International Organization for Standardization (ISO) 9001-9003 standards, technically equivalent to the American National Standards Institute/American Society for Quality Control (ANSI/ASQC Q91-93 1987), and obtain certification. Adopting and implementing these standards is considered beneficial to the manufacturer, the City, and the environment. It is the City's position that the total quality management concepts contained within these standards can result in reduced production costs, higher quality products, and more efficient use of energy and natural resources. Manufacturers should note that future revisions to this specification may require ISO certification. 7. The City reserves the right to inspect the facilities and organization before recommending any award; or to take any other action necessary to determine a prospective vendor's ability to perform. The city may reject bids where evidence submitted or investigation and evaluation indicates an inability of the bidder to perform. 8. BEST 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. 8.1. Bid price 8.2. Reputation of the bidder and of bidder's goods and services. 8.3. The quality of the bidder's goods or services. 8.4. The extent to which the goods or services meet the City's needs 8.5. 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. 8.6. The total long-term cost to the Municipality to acquire the bidder's goods or services. 9. EX -PARTE COMMUNICATION Please note that to insure the proper and fair evaluation of a bid, the City of Round Rock prohibits ex -parte communication (e.g., unsolicited) initiated by the Bidder to the City Official or Employee evaluating or considering the bids prior to the time a bid decision has been made. Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and accurate Page 2 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 evaluation of the bid. Ex -parte communication may be grounds for disqualifying the offending Bidder from consideration or award of the bid then in evaluation, or any future bid 10. 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 four additional periods of time not to exceed twelve months for each renewal provided both parties agree. 11. 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. 12. 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. 13. 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. 14. TERMINATION FOR CONVENIENCE The City may terminate this Agreement at its convenience with advance written notice to the Contractor. In addition, a cancellation may be made at the City's discretion upon the issuance of a notice or order of any governmental body, agency or court of competent jurisdiction relating in any way to the subject matter of this Agreement. In case of such cancellation, the Contractor agrees to immediately remove, at its expense, all supplies and equipment utilized or stored at the plant site within ten (10) working days of receiving written notice from the City. 15. 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 price of goods or 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. 16. PRICE ADJUSTMENT: The City may permit upward "unit price" adjustments with a written notice and justification and only as a result of a cost increase in manufacturing. Notice of upward price adjustment shall be received by the City 90 days prior to the end of the initial contract or renewal period The vendor shall: 16.1. Request any price adjustment in writing a minimum of 90 days prior to any renewal period. 16.2. Provide written documentation to justify the increase. 16.3. Be limited to a five percent increase per each renewal. 17. 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. 18. 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 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, Page 3 of 23 SPECIFICATION NO, 05-340-34 DATE: September 2005 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). 19. 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. 20. 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. 20.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 20.2. The following standard insurance policies shall be required: 20.2.1. General Liability Policy 20.2.2. Automobile Liability Policy 20.2.3. Worker's Compensation Policy 20.3. The following general requirements are applicable to all policies: 20.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 20.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 20.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 20.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City. 20.3.5. Policies shall include, but not be limited to, the following minimum limits: 20.3.5.1. Minimum Bodily injury Limits of $300,000.00 per occurrence. 20.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 20.3.5.3. 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. 20.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 20.3.6. Coverage shall be maintained for two years minimum after the termination of the Contract. 20.4. 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. Page 4 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 20.5. Vendor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing,' on the certificate or its attachment, the following provisions: 20.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's insurance as primary. 20.5.2. 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. 20.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes. 20.5.4. Remove all language on the certificate of insurance indicating: 20.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 20.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 20.5.5. Provide for notice to the City at the addresses listed below by registered mail: 20.5.5.1. 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 same may be covered by the proceeds of insurance. 20.5.6. 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. 20.5.7. 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. 20.5.8. Vendor shall notify the City in the event of any change in coverage and shall give such notices not Tess than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 20.5.9. 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 20.5.10.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 these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Vendor from liability. 20.5.11.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. 21. 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. Page 5 .of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 21.1.1. 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. 21.1.2. 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. 21.1.3. Persons • rovidin• services on the • ro'ect "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. 21.1.4. 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. 21.1.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 21.1.6. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 21.1.7. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 21.1.7.1. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and 21.1.7.2. 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. 21.1.8. The CONTRACTOR shall retain alt required certificates of coverage for the duration of the project and for one year thereafter. 21.1.9. 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. 21.1.10. 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. 21.1.11.The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: Page 6 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 21.1.12. 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; 21.1.13. 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; 21.1.14. 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; 21.1.15. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 21.1.15.1. a certificate of coverage, prior to the other person beginning work on the project; and 21.1.15.2. 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 21.1.16. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 21.1.17. 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 21.1.18. contractually require each person with whom it contracts, to perform as required by paragraphs (A thru G), with the certificates of coverage to be provided to the person for whom they are providing services. 21.1.19. 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 will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will 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. 21.1.20. 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. 22. 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. 23. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement shall reside with Williamson County, Texas, governing law. 24. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by the City representative(s) noted below. Charles Meserole with the Fire Department at (512) 218-3203. 25. 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. Page 7 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 PART III SPECIFICATIONS 1. SCOPE: This specification details design and materials criteria to afford protection to the upper and lower body, excluding head, hands, feet, against adverse environmental effects during structural fire fighting. All materials and construction will meet or exceed NFPA Standard #1971 (2000 revision) and OSHA for structural fire fighters protective clothing. Vendor shall provide services to include, but not limited to on-site sizing, minor and major alterations and delivery; maintaining all sizing profiles and adequate stock of garments to outfit new firefighters and replace garments as needed and in the specified time period throughout the contract year and any renewal period. 2. STATEMENT OF INTENT: It is the intent of the City outfit each firefighter with a wardrobe of the brands specified below to maintenance uniformity, standardization and the quality appearance of our officers within the community. All garment care will be as recommended by the manufacturer. 3. BIDDER QUALIFICATIONS: The opening of a bid shall not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to reject any and all bids. All bidders shall furnish the following information at a minimum: 3.1. References: Provide the name, address, telephone number and point of contact of at least three firms that have utilized the same or similar service. 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. WARRANTY: The unit shall be warranted against defects in material and workmanship for a period of not less than 12 months beginning with the date of acceptance. If the manufacturer's standard warranty exceeds 12 months, then the manufacturer's standard warranty shall be in effect. The successful bidder shall furnish a copy of the manufacturer's warranty at time of delivery. 5. ESTIMATED QUANTITIES: 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 quantity of goods and or services needed to satisfy operating requirements, which may be more or less than indicated. 6. STANDARD ISSUE: Initial issue consists of one set of turnout gear, consisting of a jacket and trousers with thermal lining and one pair of suspenders. 7. REPLACEMENT: The turnout gear jacket and trouser shall be replaced when they become unserviceable and can not be repaired. 8. BRANDS: The turnout gear manufacturers and style listed are required for durability and availability, as well as standardization, uniformity within the department and the quality appearance of our firefighters within the community. NOTE: Any other brand or style not specifically requested will not be considered. 9. SIZES: Turnout gear shall be custom fit to the individual wearer. 10. LABELING: All garments shall be permanently labeled with the manufacturer, country of origin, size, fabric content and care instructions. Appropriate warning label(s) shall be permanently affixed to each garment. Additionally, the label(s) shall include the following information: 10.1. Cornpliance to NFPA Standard #1971 - 2000 edition 10.2. Underwriters Laboratories classified mark 10.3. Manufacturer's name 10.4. Manufacturer's address 10.5. Manufacturer's garment identification number Page 8 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 10.6. Date of manufacture 10.7. Size 10.8. Fiber contents 11. OUTER SHELL MATERIAL - JACKETS AND TROUSERS 11.1. The outer shell shall be constructed of "Advance" Keviar/Nomex blend material with an approximate weight of 7 oz. per square yard in a rip stop weave. 11.2. The shell material must be treated with SSTTM (SUPER SHELLTITE) which is a durable water-repellent finish that also enhances abrasion resistance. Bids offering this shell material without the SSTTM will not be considered. 11.3. Color of garments to be khaki. 12. THERMAL INSULATING LINER - JACKET AND TROUSERS 12.1. The thermal liner shall be constructed of "Caldura SL2"; one layer of 1.5 oz. and one layer of 2.3 oz. per square yard E-89 spun laced NomexlKevlar aramid blend, quilt stitched to a 3.9 oz. per square yard combination spun/filament Caldura SL face cloth, with a finished weight of approximately 7.7 oz. per square yard, Platinum in color. 12.2. The thermal liner shall be attached to the moisture barrier (as described under the "Separating Liner System" section). Further mention of "Thermal Liner" in this specification shall refer to this section. 12.3. A 7 inch by 9 inch pocket, constructed of self material and Tined with moisture ban -ler material, shall be affixed to the inside of the jacket thermal liner on the left side by means of a lock stitch. The thermal liner shall be bound around its perimeter with Bias -Cut Neoprene coated cotton/polyester binding. 13. MOISTURE BARRIER - JACKETS AND TROUSERS 13.1. The "GORE RT7100" moisture barrier shall be GORE PTFE on a non -woven Nomex substrate with an approximate weight of 5.0 oz. per square yard. 13.2. The GORE PTFE Type 3B moisture barrier product incorporates GORE PTFE technology, without enhanced bi-component technology, and shall be laminated to a non -woven substrate. 13.3. This alternative product is intended as a thermally stable alternate to NFPA compliant polyurethane -based moisture barriers. 13.4. The moisture barrier shall be bound along the edges with Bias -Cut Neoprene -coated cotton/polyester binding. Further mention of "Specified Moisture Barrier" in this specification shall refer to this section. 14. SEALED MOISTURE BARRIER SEAMS 14.1. All moisture barrier seams shall be sealed with a minimum 1 -inch wide sealing tape. 14.1.1. One side of the tape shall be coated with a heat activated glue adhesive. 14.1.2. The adhesive side of the tape shall be oriented toward the moisture barrier seam. 14.1.3. The adhesive shall be activated by heat and the sealing tape shall be applied to the moisture barrier seams by means of pressure exerted by rollers for that purpose. 15. METHOD OF THERMAL LINER/MOISTURE BARRIER ATTACHMENT FOR JACKETS AND TROUSERS 15.1. The thermal liner and moisture barrier shall be completely removable from the jacket shell. 15.1.1. Two strips of 5/8 inch wide flame resistant hook and pile fastener tape shall secure the thermal liner/moisture barrier to the outer shell along the length of the neck line under the collar (see Collar section). Page 9 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 15.1.2. The remainder of the thermal liner/moisture barrier shall be secured with a minimum of five snap fasteners appropriately spaced on each jacket facing for the 32 inch length jacket and four snap fasteners at each sleeve end. 15.2. The thermal liner and moisture barrier shall be completely removable from the trouser shell. 15.2.1. Nine snap fasteners shall be spaced along the waistband to secure the thermal liner/moisture barrier to the shell. 15.2.2. The legs of the thermal liner/moisture barrier shall be secured to the shell by means of two snap fasteners per leg. 16. THERMAL PROTECTIVE PERFORMANCE 16.1. The assembled garment, consisting of an outer shell, moisture barrier, and thermal liner, shall exhibit a TPP (Thermal Protective Performance) rating of not less than 35. 17. STITCHING 17.1. The outer shell shall be assembled using stitch type #301, #401, and #516. 17.2. The thermal liners and moisture barriers shall be assembled using stitch type #301, #401, #504, #514, and #516. 17.3. Stitching in all seams shall be continuous. 17.4. There shall be no joined stitching in mid-seam. 17.5. All major A outer shell structural seams, major B structural liner seams, and minor seams including but not limited to pockets, flaps, and material reinforcements, shall have a minimum of 8 to 10 stitches per inch. 18. JACKET CONSTRUCTION: 18.1. The body of the shell and AXTION liner system shall be constructed of three separate panels consisting of two front panels and one back panel. 18.2. The body panels shall be shaped so as to provide a tailored fit thereby enhancing body movement and shall be joined together by double stitching with Nomex thread. 19. SEPARATING LINER SYSTEM (JKT) 19.1. The combined moisture barrier and the thermal liner shall be completely removable from the jacket. 19.1.1. The thermal liner and moisture barrier layers of the AXTION liner system shall be constructed in such a way as to allow the layers to separate for improved air flow, drying and interior service and replacement. 19.1.2. The thermal liner and moisture barrier layers shall be stitched together at the sleeve cuff ends and hem of the rear body panels only. 19.1.3. The leading edges and hem of the left and right front body panels of the thermal liner and moisture barrier layers shall fasten together with snap fasteners. 19.1.4. The snap fasteners shall be evenly spaced along the opening edge of the layers and set in bias-cut reinforcement fabric. 19.1.5. The neck area of the liner system shall attach up inside the outer shell collar with two strips of 5/8 inch wide flame resistant hook and pile fastener tape on the front and rear of the collar. 19.1.6. Pile fastener tape installed along the neck of the thermal liner will secure to hook fastener tape installed along the front inside edge of the top collar. 19.1.7. Hook fastener tape installed along the neck of the moisture barrier layer of the liner system will extend upward into the underside of collar and attach to the pile fastener tape installed along the full length of the inside back layer of the collar. Page 10 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 19.2. The combined moisture barrier and thermal liner shall be secured with a minimum of five snap fasteners evenly spaced on each jacket facing for 32 inch length jackets (six snaps for 35 inch length jackets) and four snap tab fasteners at each sleeve end. 19.3. The outside perimeter of the AXTION liner moisture barrier and thermal liner layers shall be bound separately along the edges with a Bias -Cut Neoprene coated cotton/polyester binding for a finished appearance that prevents fraying and wicking of contaminants. 20. AXTION SLEEVES: 20.1. The sleeves shall be of two piece construction, having an upper and a lower sleeve. 20.1.1. The sleeve seams shall be of a double needle seam construction and shall be contoured to follow the natural flex of the arm at rest. 20.1.2. Both the under and upper sleeve shall be graded in proportion to the chest size. 20.1.3. For unrestricted movement, on the underside of each sleeve there shall be two outward facing pleats located on the front and back portion of the sleeve on the shell. 20.1.4. On the moisture barrier and thermal liner, the system will consist of two darts, rather than pleats, to allow added length in the undersleeve. 20.1.4.1. The moisture barrier darts will be seam sealed to assure liquid resistance integrity. 20.2. The pleats shall expand in response to upper arm movement, and shall fold in on themselves when the arms are at rest. 20.2.1. This expansion shall allow for greater multi -directional mobility and flexibility in the shoulder and arm areas, with little restriction or coat rise. 21. LINER ELBOW THERMAL ENHANCEMENT: 21.1. An additional layer of thermal liner material shall be sewn to the elbow area of the liner system for added protection at contact points and increased thermal insulation. 21.1.1. The elbow thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. 22. SLEEVE CUFF REINFORCEMENTS: 22.1. The sleeve cuffs shall be reinforced with grey suede leather. 22.2. The cuff reinforcements shall not be less than 2 inches in width and folded in half, approximately one half inside and one half outside the sleeve end for greater strength and abrasion resistance. 22.2.1. The cuff reinforcement shall be double stitched to the sleeve end. Page 11 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 23. WRISTLETS/SLEEVE WELLS: 23.1. Each jacket shall be equipped with Nomex hand and wrist guards (over the hand) not less than 7 inches in length and of double thickness. 23.1.1. A separate thumbhole with an approximate diameter of 2 inches shall be recessed approximately 1 inch from the leading edge. 23.2. The wristlet shall be sewn to the end of the liner sleeves. 23.3. Flame resistant neoprene coated cotton/polyester moisture barrier material shall be sewn to the inside of the sleeve shell approximately 5 inches from the sleeve end and extending toward the cuff forming the sleeve well. 23.3.1. The neoprene sleeve well shall form a cuff end that shall be elasticized providing a snug fit at the wrist and covering the knit wristlet. 23.3.2. This sleeve well configuration serves to prevent water and other hazardous elements from entering the sleeves when the arms are raised and reduces the possibility of steam burns around the wrist. 23.4. The neoprene moisture barrier material shall also line the inside of the sleeve shell from the cuff to a point approximately 5 inches back, where it joins the sleeve well and is double stitched to the shell. 23.5. Four Nomex snap tabs will be sewn into the juncture of the sleeve well and wristlet. 23.5.1. The tabs will be spaced equidistant from each other and shall be fitted with female snap fasteners to accommodate corresponding male snaps in the liner sleeves. 23.5.2. This configuration will ensure there is no interruption in protection between the sleeve liner and wristlet. 24. COLLAR & FREE HANGING THROAT TAB: 24.1. The collar shall consist of four -layer construction and be of two-piece design. 24.1.1. The outer layers shall consist of outer shell material, with two -layers of specified moisture barrier sandwiched between (see Moisture Barrier section). 24.1.2. The rear inside ply of moisture barrier shall be sewn to the collar's back layer of outer shell at the edges only. 24.1.3. The forward inside ply of moisture barrier shall be sewn to the inside of the collar at the edges only. 24.1.4. The multi -layered configuration shall provide protection from water and other hazardous elements. 24.2. The collar shall be of two piece design with the left and right halves of all component materials joined in the center by stitching, thereby permitting the collar to retain its proper shape and roll. 24.3. The collar shall be 4 inches high and graded to size. 24.4. The leading edges of the collar shall extend up evenly from the leading edges of the jacket front body panels so that no gap occurs at the throat area. 24.5. The collar's back layers of outershell and moisture barrier shall be joined to the body panels with two rows of stitching. 24.6. Inside the collar, above the rear seam where it is joined to the shell shall be a strip of 5/8 - inch wide FR hook fastener tape running the full length of the collar. 24.6.1. The collar's front layers of moisture barrier and outershell shall have an additional strip of 5/8 inch wide hook fastener tape stitched to the inside lower edge and running the full length of the collar. Page 12 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 24.6.2. These two inside strips of 5/8 inch wide FR hook fastener tape sewn to the underside of the collar shall engage corresponding pieces of flame resistant pile fastener tape at the front and back neck area of the liner system. 24.7. The throat tab shall be a scoop type design and constructed of two plys of outer shell material with two center plys of moisture barrier material. 24.8. The throat tab shall measure not less than. 4 inches wide at the center tapering to 2 inches at each end with a total length of approximately 9 inches. 24.9. The throat tab will be attached to the right side of the collar by a 1 inch wide by 1.5 inch long piece of Nomex twill webbing. 24.10. The throat tab shall be secured in the closed and stowed position with flame resistant hook and pile fastener tape. 24.10.1.The flame resistant hook and pile fastener tape shall be oriented to prevent exposure to the environment when the throat tab is in the closed position. 24.10.2.Two 2 inch by 3 inch pieces of FR pile fastener tape shall be sewn vertically to the inside of each end of the throat tab. 24.10.3.Corresponding pieces of FR hook fastener tape measuring 1 inch by 3 inches shall be sewn horizontally to the leading outside edge of the collar on each side, for attachment and adjustment when in the closed position and wearing a breathing apparatus mask. 24.10.4.In order to provide a means of storage for the throat tab when not in use, a 1 inch by 2 inch piece of FR hook fastener tape shall be sewn horizontally to the inside of the throat tab immediately under the 2 inch by 3 inch pieces of FR pile fastener tape. 24.10.5.The collar closure strap shall fold in half for storage with the FR pile fastener tape engaging the FR hook fastener tape. 24.10.6.An NFPA compliant fabric hanger loop shall be sewn to the inside of the liner at the neckline. 25. LINER SHOULDER AND UPPER BACK THERMAL ENHANCEMENT: 25.1. An additional layer of thermal liner material shall be used to increase thermal insulation in the upper back, front and shoulder area of the liner system. 25.1.1. This thermal enhancement layer shall drape over the top of each shoulder extending from the collar to the sleeve/shoulder seam, down the front approximately 5 inches and from the juncture of the collar down the back to a depth of 7 1/2 inches. 25.2. The upper back, front and shoulder thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. 26. AXTION BACK: 26.1. The jackets shall include inverted pleats to afford enhanced mobility and freedom of movement in addition to that provided by the AXTION sleeves. 26.2. The outer shell shall have two inverted pleats (one each side) installed at the juncture of the front and back body panels. 26.2.1. The inverted pleats shall begin at top of each shoulder and extend vertically down the sides of the jacket to the hem. 26.2.2. Maximum expansion of the pleats shall occur at the shoulder area and taper toward the hem. Page 13 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 26.3. The liner system shall be designed with darts in both the thermal liner and moisture barrier layers corresponding to the added length in the shell provided by the AXTION Back pleats. 26.3.1. The darts are positioned at the shoulder blades of the liner, outside of the SCBA straps, and work together with the outer shell pleats in the AXTION back and sleeves providing maximum expansion. 27. JACKET FRONT: 27.1. The jacket shall incorporate separate facings to ensure there is no interruption in thermal or moisture protection in the front closure area. 27.1.1. The facings shall measure 2 1/2 inches wide, extend from collar to hem, and be double stitched to the underside of the outer shell at the leading edges of the front body panels. 27.2. A Breathable moisture barrier material shall be sewn to the jacket facings and configured such that it is sandwiched between the jacket facing and the inside of the respective body panel. 27.2.1. The breathable film side shall face inward to protect it. 27.3. The thermal liner and moisture barrier assembly shall be attached to the jacket facings by means of snap fasteners. 28. STORM FLAP: 28.1. A rectangular storm flap measuring 3 1/4 inches wide and 23 inches long shall be centered over the left and right body panels to ensure there is no interruption in thermal or moisture protection in the front of the jacket. 28.1.1. The outside storm flap shall be constructed of two plies of outer shell material with a center ply of breathable moisture barrier material. 28.1.2. The outside storm flap shall be double stitched to the right side body panel and shall be reinforced at the top and bottom with bar tacks. 29. STORM FLAP AND JACKET FRONT CLOSURE SYSTEM: 29.1. The storm flap shall close over the left and right jacket body panels and shall be secured with flame resistant hook and pile fastener tape. 29.1.1. A 1 1/2 inch by 23 inch piece of FR pile fastener tape shall be installed along the leading edge of the storm flap on the underside with four rows of stitching. 29.1.2. A corresponding 1 1/2 inch by 23 inch piece of FR hook fastener tape shall be sewn with four rows of stitching to the front body panel and positioned to engage the pile fastener tape when the storm flap is closed over the front of the jacket. 29.2. The jacket shall be closed by means of (zipper and hook & pile tape) a 22 inch size #10 heavy duty high-temp polymer zipper on the jacket fronts and flame resistant hook and pile fastener tape on the storm flap. 29.2.1. The teeth of the zipper shall be mounted on Nomex cloth and shall be sewn into the respective jacket facings. 30. CARGO/HANDWARMER EXPANSION (BELLOWS) POCKETS: 30.1. Each jacket front body panel shall have a 2 inch deep by 8 inch wide by 8 inch high expansion pocket double stitched to it and shall be located such that the bottom of the pockets are at the bottom of the jacket for full functionality when used with an SCBA. 30.1.1. Retro reflective trim shall run over the bottom of the pockets so as not to interrupt the trim stripe. 30.1.2. Two rust resistant metal drain eyelets shall be installed in the bottom of each expansion pocket to facilitate drainage of water. Page 14 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 30.1.3. The lower half of the pocket shall be reinforced with an extra layer of outer shell material on the inside. 30.2. The pocket flaps shall be rectangular in shape, constructed of two layers of outer shell material and shall measure 3 inches deeper than the pocket expansion and 1/2 inch wider than the pocket. 30.3. The upper pocket corners and pocket flaps shall be reinforced with bar tacks. 30.4. The pocket flaps shall be closed by means of flame resistant hook and pile fastener tape. 30.4.1. Two pieces of 1 1/2 inch by 3 inch FR hook fastener tape shall be installed vertically on the inside of each pocket flap (one piece on each end). 30.4.2. Two corresponding pieces of 1 1/2 inch by 3 inch FR pile fastener tape shall be installed horizontally on the outside of each pocket near the top (one piece on each end) and positioned to engage the hook fastener tape. 30.5. Additionally, a separate hand warmer pocket compartment will be provided under the expandable cargo pocket. 30.5.1. This compartment will be accessed from the rear of the pocket and shall be lined with Nomex Fleece for warmth and comfort. 31. FLASHLIGHT RETAINER STRAP: 31.1. The jackets shall be equipped with a flashlight retainer strap. 31.2. The retainer strap shall be located on the right chest. 31.3. An inward facing safety hook, attached to a double thickness leather tab, shall be double riveted in a vertical position to the upper chest. 31.4. A double thickness strap of outer shell material measuring approximately 1 inch by 8 inches shall be riveted to the jacket in the middle of the strap approximately 6 inches below the safety hook. 31.4.1. 1 inch by 1/2 inch flame resistant Velcro shall be attached to the loose ends of the strap so that they may be joined together around the flashlight. 32. RADIO POCKET: 32.1. Each jacket shall have a pocket designed for the storage of a portable radio. 32.1.1. This pocket shall be of box type construction, double stitched to the coat, and shall have one drainage eyelet in the bottom of the pocket. 32.1.2. The pocket flap shall be constructed of two layers of outer shell material measuring approximately 5 inches deep and 1/4 inch wider than the pocket. 32.1.3. The pocket flap shall be closed by means of flame resistant hook and pile fastener tape. 32.1.4. A 1 1/2 inch by 3 inch piece of FR hook fastener tape shall be installed vertically on the inside of the pocket flap beginning at the center of the bottom of the flap. 32.1.5. A 1 1/2 inch by 3 inch piece of FR pile fastener tape shall be installed horizontally on the outside of the pocket near the top center and positioned to engage the hook fastener tape. 32.2. The entire inside of the pocket shall be lined with neoprene coated cotton/polyester moisture barrier material to ensure that the radio is protected from the elements. 32.2.1. The moisture barrier material shall also be sandwiched between the two layers of outer shell material in the pocket flap for added protection. 32.3. The radio pocket shall measure approximately 3 inches deep by 3.5 inches wide b 9 inches high and shall be installed on the left chest. y Page 15 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 33. MICROPHONE STRAP: 33.1. A strap shall be constructed to hold a microphone for a portable radio. 33.1.1. It shall be sewn to the coat at the ends only. 33.1.2. The microphone strap shall be mounted above the radio pocket and shall be constructed of double layer outer shell material. 34. RETRO REFLECTIVE FLUORESCENT TRIM: 34.1. Each jacket shall have an adequate amount of retro reflective fluorescent trim affixed to the outside of the outer shell to meet the requirements of NFPA #1971 (2000 edition) and OSHA. 34.2. The retro reflective fluorescent trim shall be lime/yellow Triple Trim (UY borders with silver center). 34.3. The trim shall be in the following widths and shall be NYC Style; 34.3.1. three inch wide stripes 34.3.1.1. around the lower portion of the body of the jacket, 34.3.1.2. around the back and chest area approximately three inches below the armpit, 34.3.1.3. around each sleeve below the elbow, 34.3.1.4. around each sleeve above the elbow. 35. REINFORCED TRIM STITCHING: 35.1. The trim stitching shall be reinforced with a strip of 3/32 -inch wide flame resistant cording material. 35.1.1. The cording shall be sewn to the top surface of the trim at the edges during installation of the retro reflective fluorescent trim on the garment. 35.1.2. The cording provides a bed for the stitching and affords extra protection to the stitching from abrasion. 35.1.3. This action will help to significantly reduce trim separation from the garment due to stitching failure from abrasion. 36. SEWN ON RETRO REFLECTIVE LETTERING: 36.1. Each jacket shall have 3 -inch lime/yellow Scotchlite lettering sewn to the back in two lines. The top line will be arched over the second line. ROUND ROCK FIRE RESCUE 36.2. An option will be provided for additional lettering. 37. SIZING: 37.1. The jacket length shall be measured from the juncture of the collar and back panels to the hem of the jacket and shall measure 32 inches long. 37.2. The jacket shall be available in male and female patterns in even size chest measurements of two inch increments, and shall range from a small size of 30 to a large size of 60. 37.3. Generalized sizing, such as small, medium, large, etc., will not be considered acceptable. Page 16 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 38. TROUSER CONSTRUCTION: 38.1. The body of the shell shall be constructed of four separate body panels consisting of two front panels and two back panels. 38.1.1. The body panels shall be shaped so as to provide a tailored fit, thereby enhancing body movement, and shall be joined together by double stitching ith Nomex thread. 38.1.2. The body panels and seam lengths shall be graded to size to assure accurate fit in a broad range of sizes. 38.2. The front body panels will be wider than the rear bod the knee area. Y panels to provide more fullness over 38.2.1. This is accomplished by rolling the side leg seams (inside and outside) to the rear of the pant leg beginning at the knee. 38.2.2. The slight taper will prevent premature wear of the side seams by pushing them back and away from the primary high abrasion areas encountered on the sides of the lower legs. 39. SEPARATING LINER SYSTEM (TROUSER): 39.1. The thermal liner and moisture barrier layers of the trouser liner system shall be constructed in such a way as to allow the layers to separate for complete interior inspection, service and replacement. 39.2. The thermal liner and moisture barrier- layers shall be stitched together at the front fly only for security and prevention of inadvertent use of one layer without the other. 39.2.1. The liner system shall have a reinforcement of black Nomex Twill sewn to the bottom of the fly opening. 39.2.2. This reinforcement will serve to prevent the liner from tearing in that area from the constant donning and doffing of the trousers. 39.3. The thermal liner and moisture barrier layers shall fasten together at the waist with snap fasteners and at the cuffs with full circumference FR hook & loop fastener tape and two snap fasteners. 39.3.1. The snap fasteners shall be evenly spaced along the openings and set in bias -cut Neoprene reinforcement fabric. 39.3.2. The waist and cuff perimeters of the moisture barrier and thermal liner layers shall be bound along the edges with a neoprene -coated cotton/polyester binding for a finished appearance that prevents wicking of contaminants. 40. ELASTICIZED WAISTBAND: 40.1. The trouser design facilitates the transfer of the weight of the trouser to the hips instead of the shoulders and suspenders. 40.2. The two rear outer -shell body panels, beginning at the trouser side seams, shall incorporate an elasticized waistband. 40.2.1. The rear elasticized waistband shall be integral to the shell of the pant and the elasticized portion shall be covered in an aramid fabric. 40.2.1.1. The waist area of the trousers shall incorporate an independent stretch waistband on the inside with a separate piece of black aramid outer shell material cut on the bias (diagonally) measuring not less than two inches in width. 40.3. Neoprene coated cotton/polyester shall be sewn to the back of the waistband as a reinforcement. Page 17 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 40.3.1. The top edge of the waistband reinforcement shall be double stitched to the outer shell at the top of the trousers. 40.3.2. The lower edge of the waistband shall be serged and unattached to the shell to accept the thermal liner and moisture barrier. 40.4. The top of the thermal liner and moisture barrier shall be secured to the underside of the waistband reinforcement so as to be sandwiched between the waistband reinforcement and outer shell to reduce the possibility of liner detachment while donning and to avoid pass through of snaps from the outer shell to the inner liner. 41. EXTERNAL/INTERNAL FLY FLAP: 41.1. The trousers will have a vertical outside fly flap constructed of two layers of outer shell material, with a layer of moisture barrier material sandwiched between. 41.1.1. The fly flap shall be double stitched to the left front body panel and shall measure approximately 2 Y2 inches wide by 10 inches long and reinforced with bar tacks at the base. 41.1.2. An internal fly flap constructed of one layer of outer shell material, thermal liner and specified moisture barrier, measuring approximately 2 inches wide by 10 inches long, shall be sewn to the leading edge of the right front body panel. 41.2. The inside of the right front body panel shall be thermally enhanced directly under the outside fly with a layer of moisture barrier and thermal liner material. 41.3. The underside of the outside fly flap shall have a 2 inch wide piece of loop fastener tape quadruple stitched along the full length and through the shell material only; stitching shall not penetrate the moisture barrier insert between the two layers to insure greater thermal protection and reduced water penetration. 41.3.1. A corresponding strip of 2 inch wide by 9 inch long hook fastener tape shall be quadruple stitched to the outside right front body panel securing the fly in a closed position. 41.4. 42. BELT: 42.1. Appropriate male and female snap fastener halves shall be installed at the leading edge of the waistband for the purpose of further securing the trousers in the closed position. Each trouser shall include a 2" wide black Kevlar belt with an adjustable hi -temp thermoplastic buckle serving as the exterior primary positive locking closure. 42.2. The belt shall be attached to the two front body panels of the trouser beginning at the side seams. 42.2.1. The belt shall run through tunnels constructed of black 7.5oz Nomex outer shell material protecting it from damage. 42.2.2. The tunnels will begin at the side seams and terminate at the front of the trouser exposing the buckle. 42.2.3. A single belt loop constructed of a double layer of black 7.5oz Nomex measuring approximately 1/2 inch by 3 inches shall be attached to the topside of the right side tunnel. 42.2.4. The belt loop will be located approximately 2 inches from the tunnel opening for storage of the belt tab. 42.3. Sizing adjustments shall be provided by a self locking 2" thermoplastic buckle; this buckle shall also provide a quick -release mechanism for donning and doffing. Page 18 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 43. PADDED RIP -CORD SUSPENDERS & ATTACHMENT: 43.1. On the inside waistband shall be four attachments total — 2 front, 2 back attachments for the standard "H" style "Padded Rip -Cord" suspenders. 43.1.1. The suspender attachments shall be constructed of a double layer of black Nomex twill measuring approximately 1/2 inch wide by 3 -inches long. 43.1.2. They shall be sewn in a horizontal position on the ends only to form a loop. 43.1.3. The appearance will be much like a horizontal belt loop to capture the suspender ends. 43.2. A pair of "H" style "Padded Rip -Cord" suspenders shall be specially configured for use with the trousers. 43.2.1. The main body of the suspenders shall be constructed of 2 inch wide black strap webbing. 43.2.2. The suspenders shall run over each shoulder to a point approximately shoulder blade high on the back, where they shall be joined by a 2 inch wide horizontal piece of webbing measuring approximately 8 -inches long, forming the "H". 43.2.2.1. This shall prevent the suspenders from slipping off the shoulders. 43.2.3. The shoulder area of the suspenders will be padded for comfort. 43.3. The rear ends of the suspenders will be sewn to 2 -inch wide elasticized webbing extensions measuring approximately 8 -inches in length and terminating with thermoplastic loops. 43.4. The forward ends of the suspender straps shall be equipped with specially configured non- slip metal slides. 43.5. Through the metal slides will be the 9 inch lengths of strap webbing "Rip -Cords" terminating with thermoplastic loops on each end. 43.5.1. Pulling on the "Rip -Cords" shall allow for quick adjustment of the suspenders. 43.6. Threaded through and attached to the thermoplastic loops on the forward and rear ends of the suspenders will be black Nomex suspender attachments incorporating two snap fasteners. 43.6.1. The Nomex suspender attachments are to be threaded through the suspender attachment loops on the inside waistband of the trousers. 43.6.2. The Nomex suspender attachments will then fold over and attach to themselves securing the suspender to the trousers. 44. AXTION SEAT: 44.1. The rise of the rear trouser center back seam, from the top back of the waistband to where it intersects the inside leg seams at the crotch, shall exceed the rise at the front of the trouser by 8 -inches. 44.1.1. The longer rear center back seam provides added fullness to the seat area for extreme mobility without restriction when stepping up or crouching and will be graded to size. 44.1.1.1. This feature in combination with other design elements will maintain alignment of the knee directly over the knee pads when kneeling and crawling. 45. EXPANSION (BELLOWS) POCKETS: 45.1. An expansion pocket, measuring approximately 2 inches deep by 10 inches wide by 10 inches high shall be double stitched to the side of each leg straddling the outseam above the knee and positioned to provide accessibility. Page 19 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 45.1.1. The lower half of each expansion pocket shall be reinforced with an additional layer of outer shell material on the inside. 45.1.2. Two rust resistant metal drain eyelets shall be installed on the underside of each expansion pocket to facilitate drainage of water. 45.2. The pocket flaps shall be rectangular in shape, constructed of two layers of outer shell material and shall measure 3 inches deeper than the pocket expansion and 1/2 inch wider than the pocket. 45.3. The upper pocket corners and pocket flaps shall be reinforced with bar tacks. 45.4. The pocket flaps shall be closed by means of flame resistant hook and pile fastener tape. 45.4.1. Two pieces of 1 1/2 inch by 3 inch FR hook fastener tape shall be installed vertically on the inside of each pocket flap (one piece on each end). 45.4.2. Two corresponding pieces of 1 1/2 inch by 3 inch FR pile fastener tape shall be installed horizontally on the outside of each pocket near the top (one piece on each end) and positioned to engage the hook fastener tape. 46. AXTION KNEE: 46.1. The outer shell of the trouser legs shall be constructed with horizontal expansion pleats in the knee area with corresponding darts in the liner to provide added fullness for increased freedom of movement and maximum flexibility. 46.1.1. Two expansion pleats measuring approximately 1" deep, shall be installed on each side of the legs along both the inseam and outseam in the knee area. 46.1.2. The pleats shall be folded to open outwardly towards the side seams to insure no restriction of movement. 46.2. The AXTION knee will be installed proportionate to the trouser inseam, in such a manner that it falls in an anatomically correct knee location. 46.3. The liner system shall be constructed with four darts per leg in the front of the knee. 46.3.1. Two will be located above the knee (one on each side) and two will be located below the knee (one on each side). 46.3.1.1. Each dart will be approximately 2 inches long. 46.3.1.2. The darts in the liner provide a natural bend at the knee. 46.3.1.3. The darts in the liner work in conjunction with the expansion panels in the outer shell to increase freedom of movement when kneeling, crawling, climbing stairs or ladders, etc. 47. LINER KNEE THERMAL ENHANCEMENT : 47.1. An additional layer of specified thermal liner and moisture barrier material will be sewn to the knee area of the liner system for added protection and increased thermal insulation at contact points. 47.2. The knee thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. 48. KNEE REINFORCEMENTS: 48.1. The knee area shall be reinforced with grey suede leather. 48.2. The knee reinforcement shall be slightly offset to the inside of the leg to insure proper coverage when bending, kneeling and crawling. 48.3. The knee reinforcements shall measure 10 inches wide by 12 inches high and shall be double stitched to the outside of the outer shell in the knee area for greater strength and abrasion resistance. Page 20 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 49. PADDING UNDER KNEE REINFORCEMENTS: 49.1. Padding for the knees shall be accomplished with one layer of neoprene coated aramid batt and one layer of quilted aramid batt. 49.1.1. Both layers of aramid batt shall be sandwiched between the shell and the knee reinforcement layers. 49.2. The neoprene shall face outward. 50. TROUSER CUFF REINFORCEMENTS: 50.1. The cuff area of the trousers shall be reinforced with gray suede leather. 50.1.1. The cuff reinforcement shall not be less than 2 inches in width and folded in half, approximately one half inside and one half outside the end of the legs for greater strength and abrasion resistance. 50.1.2. The cuff reinforcement shall be double stitched to the outer shell. 50.2. Two Nomex snap tabs (one each side), measuring approximately 1 inch long shall be bar tacked to the inside of each leg of the outer shell approximately three inches from the bottom of the trouser leg. 50.2.1. A female snap fastener half shall be installed at the end of each tab and shall align with the male snap fastener halves installed at the bottom of the trouser thermal liner/moisture barrier. 50.2.2. The tab mounted snap fasteners shall secure the trouser thermal liner/moisture barrier to the outer shell within three inches of the cuff. 51. REVERSE BOOT CUT: 51.1. The outer shell trouser leg cuffs will be constructed such that the back of the leg is approximately 1 inch shorter than the front. 51.2. The liner will also have a reverse boot cut at the rear of the cuff and a concave cut at the front to keep the liner from hanging below the shell. 51.2.1. This construction feature will minimize the chance of premature wear of the cuffs and injuries due to falls as a result of "walking" on the trouser cuffs. 52. RETRO REFLECTIVE FLUORESCENT TRIM : 52.1. The trousers shall have a stripe of retro reflective fluorescent trim encircling each leg below the knee to comply with the requirements of NFPA #1971 (2000 revision) in 3 inch lime/yellow Triple Trim (L/Y borders with silver center). 53. REINFORCED TRIM STITCHING: 53.1. The trim stitching shall be reinforced with a strip of 3/32 inch wide flame resistant cording material. 53.1.1. The cording shall be sewn to the top surface of the trim at the edges during installation of the retro reflective fluorescent trim on the garment. 53.1.2. The cording provides a bed for the stitching and affords extra protection to the stitching from abrasion. 53.1.3. This action will help to significantly reduce trim separation from the garment due to stitching failure from abrasion. Page 21 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 54. SIZING: 54.1. The trousers shall be available in even size waist measurements of two inch increments and shall be available in a range of sizes from 24 to 56. 54.2. The trouser inseam measurement shall be available in two inch increments. 54.3. Generalized sizing, such as small, medium, large, etc., will not be considered acceptable. 54.4. Sizing specifically for women shall also be available. 55. THIRD PARTY TESTING AND LISTING PROGRAM: 55.1. All components used in the construction of these garments shall be tested for compliance to NFPA Standard #1971 (2000 revision) by Underwriters Laboratories (UL). 55.2. Underwriters Laboratories shall certify and list compliance to that standard. 55.2.1. Such certification shall be denoted by the Underwriters Laboratories certification Zabel. 56. LABELS: 56.1. Appropriate warning label(s) shall be permanently affixed to each garment. Additionally, the label(s) shall include the following information. 56.2. Compliance to NFPA Standard #1971 - 2000 edition 56.3. Underwriters Laboratories classified mark 56.4. Manufacturer's name 56.5. Manufacturer's address 56.6. Manufacturer's garment identification number 56.7. Date of manufacture 56.8. Size 56.9. Fiber contents 57. ISO CERTIFICATION / REGISTRATION: 57.1. The protective clothing manufacturer shall be certified and registered to ISO Standard 9001 to assure a satisfactory level of quality. 58. EXCEPTIONS TO SPECIFICATIONS: 58.1. Any and all exceptions to the above specifications must be clearly stated for each heading. Use additional pages for exceptions, if necessary. PART III ACCEPTANCE AND PAYMENT 1. SERVICE: The Vendor shall: 1.1. Size each firefighter at the City of Round Rock, Fire Department. 1.1.1. Dedicate at least one representative as needed for sizing. 1.1.2. Maintain sizing profile on each firefighter (prefer Excel spreadsheet) including the required alterations to assist in expediting the delivery of future replacement garments. NOTE: SIZING INFORMATION SHALL BE THE PROPERTY OF THE CITY. 1.2. Maintain adequate shelf stock to provide uninterrupted services on non -custom items. 1.3. Alter standard size garment(s), if needed to accomplish more satisfactory fit. Page 22 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 1.4. Issue turnout gear only upon receipt of a purchase order.. 1.5. Provide to the City the name and telephone number of Vendor's representative. 2. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor will be notified within this time frame if the item(s) delivered is not in full compliance with the specifications. If any purchase order is canceled for non-acceptance, the needed items 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 each invoice on a monthly basis to the following address: City of Round Rock Attn: Accounts Payable 221 East Main Street Round Rock, TX 78664-5299 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 Tate 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. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers conceming 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 seq., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq. Page 23 of 23 VENDOR DELIVERY: TOTAL: $0.00 'Extended car � VENDOR DELIVERY: TOTAL: $0.00 'Extended t 'Unit $ VENDOR DELIVERY: TOTAL: Extended 4.4w M VENDOR DELIVERY: TOTAL: Extended VENDOR Casco Industries DELIVERY: TOTAL: $34,074.00 Extended $19,710.00 $14,364.00 Unit$ 0 0 O co 1' fA 0 0 N co to Er) BID TAB BID NUMBER: 05-059 BID OPENING: 9/20/2005 3pm Engineering Copier U N N Bid item(s) Outer Shell & Moisture Barrier jackets Outer Shell & Moisture Barrier trousers E0 r'- N M L() DATE: November 17, 2005 SUBJECT: City Council Meeting - November 22, 2005 ITEM: 9.B.1. Consider a resolution authorizing the Mayor to execute an Agreement for Purchase of Fire Department Turnout Gear from Casco Industries, Inc. Department: Fire Department Staff Person: Larry Hodge, Fire Chief Justification: The City periodically seeks new vendors for the goods and services it buys. This contract for Firefighter turnout gear is the result of the city bid process, and Casco Industries, Inc. was found to be the best bidder. Funding: Cost: $34,000.00 Annual Approximate Five year Contract: $170,000.00 Approximate Source of funds: General Fund Background Information: The Texas Commission of Fire Protection states that turnout gear needs to be replaced when it becomes unserviceable and cannot be fixed. We use the guidelines set by the Texas Commission of Fire Protection to inspect 34 required areas on our turnout gear. With new hires and turnout gear that do not pass the inspection the annual cost is approximately $34,000.00. This contract is with the current vendor for Firefighter turnout gear. Public Comment: N/A CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF FIRE DEPARTMENT TURNOUT GEAR FROM CASCO INDUSTRIES, INC. THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENT: That this Agreement for purchase of Fire Department turnout gear, and for related goods and services, referred to herein as the "Agreement," is made and entered into on this the agt day of the month of NO 1/4/6 , 2005, by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and CASCO INDUSTRIES, INC., whose offices are located at 607 West 62nd Street, Shreveport, Louisiana 71106, referred to herein as the "Vendor." This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase Fire Department turnout gear, and to purchase associated services including but not limited to on-site sizing, minor and major alterations, delivery, maintenance of all sizing profiles and adequate stocks of garments, and City desires to purchase same from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and services, and City has selected the Bid submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE: WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods and Vendor is obligated to sell specified goods. The 00092265/jkg �-O5l)-aa-981 Agreement includes the following: (a) City's Invitation for Bid designated as IFB 05-059, Specification Number 05-340-34 dated September 2005; (b) Vendor's Response to IFB; (c) the contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Purchaser's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods mean the specified supplies, materials, commodities, or equipment. F. Vendor means Casco Industries, Inc., or any successors or assigns. 2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The initial term of this Agreement is for twelve (12) months from the effective date hereof. After that initial term, this Agreement may be renewed for successive terms of twelve (12) months each, not to exceed in the aggregate four (4) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. C. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 2 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor as the integrator of choice to supply the goods as outlined in IFB 05-059, Specification Number 05-340-34 dated September 2005, and Response to IFB submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to the IFB. The goods which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED All bid items on Exhibit "A" are awarded to Vendor. 5.01 COSTS Bid costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor. 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B: Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 7.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 8.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on 3 which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge a late fee of one percent (1 %) for payments not made in accordance with this Prompt Payment Policy; however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 9.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 10.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 11.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 12.01 INSURANCE Vendor shall meet all requirements as stated in the attached Invitation for Bid No. IFB 05-059 and its bid response. 4 13.01 CITY'S REPRESENTATIVE City hereby designates the following representatives authorized to act in its behalf with regard to this Agreement: Charles Meserole Fire Logistics Officer II Round Rock Fire Department 2919 Joe DiMaggio Boulevard Round Rock, Texas 78664 512-218-3203 14.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 15.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re -advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 16.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Vendor. 5 B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 17.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees andelected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 19.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other regarding the terms hereof. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 20.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 6 1. When delivered personally to the recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Casco Industries, Inc. 607 West 62nd Street Shreveport, LA 71106 Notice to City: Assistant City Manager 221 East Main Street Round Rock, TX 78664 Stephen L. Sheets, City Attorney AND TO: 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 22.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 23.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. 7 City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 24.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 25.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. 8 City of R Casco Industries, Inc. By: Title: Date Signed: Attest: By: Christine R. Martinez, City Secretary Approv d as to Form: L. Sheets, City Attorney 9 By: Title: .5 4_ e- S ef, Date Signed: .' Q --if- os- tp INVITATION FOR BID (IFB) CITY vF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 BIDS ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE BID OPENING TIME. ' INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas 78664-5299 BID F.O.B. DESTINATION UNLESS OTHERWISE SPECIFIED BELOW DESTINATION: City of Round Rock Fire Department 2919 Joe DiMaggio Blvd. Round Rock, Texas 78664 FACSIMILE RESPONSES SHALL NOT BE ACCEPTED SHOW BID OPENING DATE & BID NUMBER IN LOWER LEFT HAND CORNER OF SEALED BID ENVELOPE & SHOW RETURN ADDRESS OF BIDDING FIRM. ifie EXHIBIT BIDDING INFORMATION: FIRE TURNOUT GEAR BID NUMBER OPENING DATE: BID LOCATION: 05-059 9/20/2005 at 3:00 P.M. 221 E. Main Street, l st Floor Council Chambers Round Rock, Texas 78664 RETURN SIGNED ORIGINAL AND ONE COPY OF BID BIDDER SHALL SIGN BELOW Failure to sign bid will disqualify bid Authorized Signature /J 0 xi ii -c- 00 I+N acs j Print Name Date SEE 1.7 ON BACK FOR INSTRUCTIONS: TAX ID NO.: —1Z04:11gq LEGAL BUSINESS NAME: Cp} SC 0 SA" OL' d TL (ES , I) G ADDRESS: '67 wes-r- 6 2 duo? S a fer ADDRESS_ "/�JQEVi'Dori LA `7`/©6 CONTACT: N p v 430 ti -46.4 0 !✓ TELEPHONE NO __ ra.— q (r- 2477e. BUSINESS ENTITY TYPE: Fi 1Lep c 6 t1 rtring. Eit9v t e 04e -e '"j'- "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 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." FIRE TURNOUT GEAR 1 2 Jackets, Outer Shell j- 40,Srvea 841141*(- 27 ea Trousers, Outer Shell'l' S� a r it. �lr. 27 ea 3 Jackets, Moisture Barrier 27 ea 134,00 ( 9,710.a° 531°' 2.°' !4 N °° 4 Trousers, Moisture Barrier 27 ea Trouser Suspenders 27 ea TOTAL PROPOSED COST $ `� t40--144,04' 4 ' Page 1 of 2 SPECIFICATION NO. 05-340-34 September 2005 CITY OF ROUND ROCK TURNOUT GEAR — ARE DEPARMENT 1. PURPOSE: The City seeks to establish a multiple year contract with a responsible bidder that has the means and ability to supply the City's Fire Department with turnout gear. Vendor shall provide services to include, but not limited to on-site sizing, minor and major alterations, delivery, maintaining all sizing profiles and adequate stock of garments to outfit new firefighters and replace garments as needed and in the specified time period throughout the contract year and any extensions. 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, Travis and 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 contractor 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. Page 1 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 PART I GENERAL CLAUSES AND CONDITIONS 1. The equipment furnished under this specification shall be the latest improved model in current production, as offered to commercial trade, and shall be of quality workmanship and material. The bidder represents that all equipment offered under this specification shall be new. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE OR DISCONTINUED MODELS ARE NOT ACCEPTABLE. 2. Bidder should submit with the bid the latest printed literature and detailed specification on equipment the bidder proposes to furnish. This literature is for evaluation purposes. 3. The unit shall be completely assembled and adjusted. All equipment including standard and supplemental equipment shall be installed and the unit made ready for continuous operation: 4. All parts not specifically mentioned, which are necessary for the unit to be complete and ready for operation or which are normally furnished as standard equipment shall be furnished by the vendor. All parts shall conform in strength, quality and workmanship to the accepted standards of the industry. 5. The unit provided shall meet or exceed all federal and state of Texas safety, health, lighting and noise regulations and standards in effect and applicable to equipment furnished at the time of manufacture. 6. The City of Round Rock is committed to procuring quality goods and equipment. We encourage manufacturers to adopt the International Organization for Standardization (ISO) 9001-9003 standards, technically equivalent to the American National Standards institute/American Society for Quality Control (ANSI/ASQC Q91-93 1987), and obtain certification. Adopting and implementing these standards is considered beneficial to the manufacturer, the City, and the environment. It is the City's position that the total quality management concepts contained within these standards can result in reduced production costs, higher quality products, and more efficient use of energy and natural resources. Manufacturers should note that future revisions to this specification may require ISO certification. 7. The City reserves the right to inspect the facilities and organization before recommending any award; or to take any other action necessary to determine a prospective vendor's ability to perform. The city may reject bids where evidence submitted or investigation and evaluation indicates an inability of the bidder to perform. 8. BEST 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. 8.1. Bid price 8.2. Reputation of the bidder and of bidder's goods and services. 8.3. The quality of the bidder's goods or services. 8.4. The extent to which the goods or services meet the City's needs 8.5. 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. 8.6. The total long-term cost to the Municipality to acquire the bidder's goods or services. 9. EX -PARTE COMMUNICATION Please note that to insure the proper and fair evaluation of a bid, the City of Round Rock prohibits ex -parte communication (e.g., unsolicited) initiated by the Bidder to the City Official or Employee evaluating or considering the bids prior to the time a bid decision has been made. Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and accurate Page 2 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 evaluation of the bid. Ex -parte communication may be grounds for disqualifying the offending Bidder from consideration or award of the bid then in evaluation, or any future bid 10. 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 four additional periods of time not to exceed twelve months for each renewal provided both parties agree. 11. 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. 12. 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. 13. 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. 14. TERMINATION FOR CONVENIENCE The City may terminate this Agreement at its convenience with advance written notice to the Contractor. in addition, a cancellation may be made at the City's discretion upon the issuance of a notice or order of any governmental body, agency or court of competent jurisdiction relating in any way to the subject matter of this Agreement. In case of such cancellation, the Contractor agrees to immediately remove, at its expense, all supplies and equipment utilized or stored at the plant site within ten (10) working days of receiving written notice from the City. 15. 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 price of goods or 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. 16. PRICE ADJUSTMENT: The City may permit upward "unit price" adjustments with a written notice and justification and only as a result of a cost increase in manufacturing. Notice of upward price adjustment shall be received by the City 90 days prior to the end of the initial contract or renewal period The vendor shall: 16.1. Request any price adjustment in writing a minimum of 90 clays prior to any renewal period. 16.2. Provide written documentation to justify the increase. 16.3. Be limited to a five percent increase per each renewal. 17. 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. 18. 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 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, Page 3 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 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). 19. 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. 20. 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. 20.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 20.2. The following standard insurance policies shall be required: 20.2.1. General Liability Policy 20.2.2. Automobile Liability Policy 20.2.3. Worker's Compensation Policy 20.3. The following general requirements are applicable to all policies: 20.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 20.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 20.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 20.3.4. Upon request, certified copies of all insurance policies shall be fumished to the City. 20.3.5. Policies shall include, but not be limited to, the following minimum limits: 20.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 20.3.5.2. Property Damage insurance with minimum limits of $50,000.00 for each occurrence. 20.3.5.3. 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. 20.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 20.3.6. Coverage shall be maintained for two years minimum after the termination of the Contract. 20.4. 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. Page 4 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 20.5. Vendor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing,- on the certificate or its attachment, the following provisions: 20.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's insurance as primary. 20.5.2. 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. 20.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes. 20.5.4. Remove all language on the certificate of insurance indicating: 20.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 20.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 20.5.5. Provide for notice to the City at the addresses listed below by registered mail: 20.5.5.1. 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 same may be covered by the proceeds of insurance. 20.5.6. 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. 20.5.7. 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. 20.5.8. 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. 20.5.9. All notices shall be mailed to the City at the following addresses: Assistant City Manager City of Round Rock 221 East Main Street Round Rock, TX 78664-5299 City Attorney City of Round Rock 309 East Main Street Round Rock, TX 78664 20.5.10.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 these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Vendor from liability. 20.5.11. 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. 21. 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. Page 5 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 21.1.1. 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. 21.1.2. Duration of the proiect - 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. 21.1.3. Persons providing services on the project ("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. 21.1.4. 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. 21.1.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 21.1.6. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 21.1.7. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 21.1.7.1.. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and 21.1.7.2. 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. 21.1.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 21.1.9. 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. 21.1.10. 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. 21.1.11. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: Page 6 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 21.1.12. 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; 21.1.13. 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; 21.1.14. 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; 21.1.15. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 21.1.15.1. a certificate of coverage, prior to the other person beginning work on the project; and 21.1.15.2. 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 21.1.16. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 21.1.17. 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 21.1.18. contractually require each person with whom it contracts, to perform as required by paragraphs (A thru G), with the certificates of coverage to be provided to the person for whom they are providing services. 21.1.19. 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 will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will 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. 21.1.20. 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. 22. 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. 23. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement shall reside with Williamson County, Texas, governing law. 24. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by the City representative(s) noted below. Charles Meserole with the Fire Department at (512) 218-3203. 25. 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. Page 7 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 PART 111 SPECIFICATIONS 1. SCOPE: This specification details design and materials criteria to afford protection to the upper and lower body, excluding head, hands, feet, against adverse environmental effects during structural fire fighting. All materials and construction will meet or exceed NFPA Standard #1971 (2000 revision) and OSHA for structural fire fighters protective clothing. Vendor shall provide services to include, but not limited to on-site sizing, minor and major alterations and delivery; maintaining all sizing profiles and adequate stock of garments to outfit new firefighters and replace garments as needed and in the specified time period throughout the contract year and any renewal period. 2. STATEMENT OF INTENT: It is the intent of the City outfit each firefighter with a wardrobe of the. brands specified below to maintenance uniformity, standardization and the quality appearance of our officers within the community. All garment care will be as recommended by the manufacturer. 3. BIDDER QUALIFICATIONS: The opening of a bid shall not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to reject any and all bids. All bidders shall furnish the following information at a minimum: 3.1. References: Provide the name, address, telephone number and point of contact of at least three firms that have utilized the same or similar service. 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. WARRANTY: The unit shall be warranted against defects in material and workmanship for a period of not less than 12 months beginning with the date of acceptance. If the manufacturer's standard warranty exceeds 12 months, then the manufacturer's standard warranty shall be in effect. The successful bidder shall furnish a copy of the manufacturer's warranty at time of delivery. 5. ESTIMATED QUANTITIES: 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 quantity of goods and or services needed to satisfy operating requirements, which may be more or less than indicated. 6. STANDARD ISSUE: Initial issue consists of one set of turnout gear, consisting of a jacket and trousers with thermal lining and one pair of suspenders. 7. REPLACEMENT: The turnout gear jacket and trouser shall be replaced when they become unserviceable and can not be repaired. 8. BRANDS: The turnout gear manufacturers and style listed are required for durability and availability, as well as standardization, uniformity within the department and the quality appearance of our firefighters within the community. NOTE: Any other brand or style not specifically requested will not be considered. 9. SIZES: Turnout gear shall be custom fit to the individual wearer. 10. LABELING: All garments shall be permanently labeled with the manufacturer, country of origin, size, fabric content and care instructions. Appropriate warning label(s) shall be permanently affixed to each garment. Additionally, the label(s) shall include the following information: 10.1. Compliance to NFPA Standard #1971 - 2000 edition 10.2. Underwriters Laboratories classified mark 10.3. Manufacturer's name 10.4. Manufacturer's address 10.5. Manufacturer's garment identification number Page 8 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 10.6. Date of manufacture 10.7. Size 10.8. Fiber contents 11. OUTER SHELL MATERIAL - JACKETS AND TROUSERS 11.1. The outer shell shall be constructed of "Advance" Kevlar/Nomex blend material with an approximate weight of 7 oz. per square yard in a rip stop weave. 11.2. The shell material must be treated with SSTTM (SUPER SHELLTITE) which is a durable water-repellent finish that also enhances abrasion resistance. Bids offering this shell material without the SSTTM will not be considered. 11.3. Color of garments to be khaki. 12. THERMAL INSULATING LINER - JACKET AND TROUSERS 12.1. The thermal liner shall be constructed of "Caldura SL2"; one layer of 1.5 oz. and one layer of 2.3 oz. per square yard E-89 spun laced Nomex/Kevlar aramid blend, quilt stitched to a 3.9 oz. per square yard combination spun/filament Caldura SL face cloth, with a finished weight of approximately 7.7 oz. per square yard, Platinum in color. 12.2. The thermal liner shall be attached to the moisture barrier (as described under the "Separating Liner System" section). Further mention of "Thermal Liner" in this specification shall refer to this section. 12.3. A 7 inch by 9 inch pocket, constructed of self material and Tined with moisture barrier material, shall be affixed to the inside of the jacket thermal liner on the left side by means of a lock stitch. The thermal liner shall be bound around its perimeter with Bias -Cut Neoprene coated cotton/polyester binding. 13. MOISTURE BARRIER - JACKETS AND TROUSERS 13.1. The "GORE RT7100" moisture barrier shall be GORE PTFE on a non woven. Nomex substrate with an approximate weight of 5.0 oz. per square yard. 13.2. The GORE PTFE Type 3B moisture barrier product incorporates GORE PTFE technology, without enhanced bi-component technology, and shall be laminated to a non -woven substrate. 13.3. This alternative product is intended as a thermally stable alternate to NFPA compliant polyurethane -based moisture barriers. 13.4. The moisture barrier shall be bound along the edges with Bias -Cut Neoprene -coated cotton/polyester binding. Further mention of "Specified Moisture Barrier" in this specification shall refer to this section. 14. SEALED MOISTURE BARRIER SEAMS 14.1. All moisture barrier seams shall be sealed with a minimum 1 -inch wide sealing tape. 14.1.1. One side of the tape shall be coated with a heat activated glue adhesive. 14.1.2. The adhesive side of the tape shall be oriented toward the moisture barrier seam. 14.1.3. The adhesive shall be activated by heat and the sealing tape shall be applied to the moisture barrier seams by means of pressure exerted by rollers for that purpose. 15. METHOD OOF THERMAL LINER/MOISTURE BARRIER ATTACHMENT FOR JACKETS AND TROUSERS 15.1. The thermal liner and moisture barrier shall be completely removable from the jacket shell. 15.1.1. Two strips of 5/8 inch wide flame resistant hook and pile fastener tape shall secure the thermal liner/moisture barrier to the outer shell along the length of the neck line under the collar (see Collar section). Page 9 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 15.1.2. The remainder of the thermal liner/moisture barrier shall be secured with a minimum of five snap fasteners appropriately spaced on each jacket facing for the 32 inch length jacket and four snap fasteners at each sleeve end. 15.2. The thermal liner and moisture barrier shall be completely removable from the trouser shell. 15.2.1. Nine snap fasteners shall be spaced along the waistband to secure the thermal liner/moisture barrier to the shell. 15.2.2. The legs of the thermal liner/moisture barrier shall be secured to the shell by means of two snap fasteners per leg. 16. THERMAL PROTECTIVE PERFORMANCE 16.1. The assembled garment, consisting of an outer shell, moisture barrier, and thermal liner, shall exhibit a TPP (Thermal Protective Performance) rating of not less than 35. 17. STITCHING 17.1. The outer shell shall be assembled using stitch type #301, #401, and #516. 17.2. The thermal liners and moisture barriers shall be assembled using stitch type #301, #401, #504, #514, and #516. 17.3. Stitching in all seams shall be continuous. 17.4. There shall be no joined stitching in mid-seam. 17.5. All major A outer shell structural seams, major B structural liner seams, and minor seams including but not limited to pockets, flaps, and material reinforcements, shall have a minimum of 8 to 10 stitches per inch. 18. JACKET CONSTRUCTION: 18.1. The body of the shell and AXTION liner system shall be constructed of three separate panels consisting of two front panels and one back panel. 18.2. The body panels shall be shaped so as to provide a tailored fit thereby enhancing body movement and shall be joined together by double stitching with Nomex thread. 19. SEPARATING LINER SYSTEM OKI) 19.1. The combined moisture barrier and the thermal liner shall be completely removable from the jacket. 19.1.1. The thermal liner and moisture barrier layers of the AXTION liner system shall be constructed in such a way as to allow the layers to separate for improved air flow, drying and interior service and replacement. 19.1.2. The thermal liner and moisture barrier layers shall be stitched together at the sleeve cuff ends and hem of the rear body panels only. 19.1.3. The leading edges and hem of the left and right front body panels of the thermal liner and moisture barrier layers shall fasten together with snap fasteners. 19.1.4. The snap fasteners shall be evenly spaced along the opening edge of the layers and set in bias-cut reinforcement fabric. 19.1.5. The neck area of the liner system shall attach up inside the outer shell collar with two strips of 5/8 inch wide flame resistant hook and pile fastener tape on the front and rear of the collar. 19.1.6. Pile fastener tape installed along the neck of the thermal liner will secure to hook fastener tape installed along the front inside edge of the top collar. 19.1.7. Hook fastener tape installed along the neck of the moisture barrier layer of the liner system will extend upward into the underside of collar and attach to the pile fastener tape installed along the full length of the inside back layer of the collar. Page 10 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 19.2. The combined moisture barrier and thermal liner shall be secured with a minimum of five snap fasteners evenly spaced on each jacket facing for 32 inch length jackets (six snaps for 35 inch length jackets) and four snap tab fasteners at each sleeve end. 19.3. The outside perimeter of the AXTION liner moisture barrier and thermal liner layers shall be bound separately along the edges with a Bias -Cut Neoprene coated cotton/polyester binding for a finished appearance that prevents fraying and wicking of contaminants. 20. AXTION SLEEVES: 20.1. The sleeves shall be of two piece construction, having an upper and a lower sleeve. 20.1.1. The sleeve seams shall be of a double needle seam construction and shall be contoured to follow the natural flex of the arm at rest. 20.1.2. Both the under and upper sleeve shall be graded in proportion to the chest size. 20.1.3. For unrestricted movement, on the underside of each sleeve there shall be two outward facing pleats located on the front and back portion of the sleeve on the shell. 20.1.4. On the moisture barrier and thermal liner, the system will consist of two darts, rather than pleats, to allow added length in the undersleeve. 20.1.4.1. The moisture barrier darts will be seam sealed to assure liquid resistance integrity. 20.2. The pleats shall expand in response to upper arm movement, and shall fold in on themselves when the arms are at rest. 20.2.1. This expansion shall allow for greater multi -directional mobility and flexibility in the shoulder and arm areas, with little restriction or coat rise. 21. LINER ELBOW THERMAL ENHANCEMENT: 21.1. An additional layer of thermal liner material shall be sewn to the elbow area of the liner system for added protection at contact points and increased thermal insulation. 21.1.1. The elbow thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. 22. SLEEVE CUFF REINFORCEMENTS: 22.1. The sleeve cuffs shall be reinforced with grey suede leather. 22.2. The cuff reinforcements shall not be less than 2 inches in width and folded in half, approximately one half inside and one half outside the sleeve end for greater strength and abrasion resistance. 22.2.1. The cuff reinforcement shall be double stitched to the sleeve end. Page 11 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 23. WRISTLETS/SLEEVE WELLS: 23.1. Each jacket shall be equipped with Nomex hand and wrist guards (over the hand) not less than 7 inches in length and of double thickness. 23.1.1. A separate thumbhole with an approximate diameter of 2 inches shall be recessed approximately 1 inch from the leading edge. 23.2. The wristlet shall be sewn to the end of the liner sleeves. 23.3. Flame resistant neoprene coated cotton/polyester moisture barrier material shall be sewn to the inside of the sleeve shell approximately 5 inches from the sleeve end and extending toward the cuff forming the sleeve well. 23.3.1. The neoprene sleeve well shall form a cuff end that shall be elasticized providing a snug fit at the wrist and covering the knit wristlet. 23.3.2. This sleeve well configuration serves to prevent water and other hazardous elements from entering the sleeves when the arms are raised and reduces the possibility of steam burns around the wrist. 23.4. The neoprene moisture barrier material shall also line the inside of the sleeve shell from the cuff to a point approximately 5 inches back, where it joins the sleeve well and is double stitched to the shell. 23.5. Four Nomex snap tabs will be sewn into the juncture of the sleeve well and wristlet. 23.5.1. The tabs will be spaced equidistant from each other and shall be fitted with female snap fasteners to accommodate corresponding male snaps in the liner sleeves. 23.5.2. This configuration will ensure there is no interruption in protection between the sleeve liner and wristlet. • 24. COLLAR & FREE HANGING THROAT TAB: 24.1. The collar shall consist of four -layer construction and be of two-piece design. 24.1.1. The outer layers shall consist of outer shell material, with two -layers of specified moisture barrier sandwiched between (see Moisture Barrier section). 24.1.2. The rear inside ply of moisture barrier shall be sewn to the collar's back layer of outer shell at the edges only. 24.1.3. The forward inside ply of moisture barrier shall be sewn to the inside of the collar at the edges only. 24.1.4. The multi -layered configuration shall provide protection from water and other hazardous elements. 24.2. The collar shall be of two piece design with the left and right halves of all component materials joined in the center by stitching, thereby permitting the collar to retain its proper shape and roll. 24.3. The collar shall be 4 inches high and graded to size. 24.4. The leading edges of the collar shall extend up evenly from the leading edges of the jacket front body panels so that no gap occurs at the throat area. 24.5. The collar's back layers of outershell and moisture barrier shall be joined to the body panels with two rows of stitching. 24.6. Inside the collar, above the rear seam where it is joined to the shell shall be a strip of 5/8 - inch wide FR hook fastener tape running the full length of the collar. 24.6.1. The collar's front layers of moisture barrier and outershell shall have an additional strip of 5/8 inch wide hook fastener tape stitched to the inside lower edge and running the full length of the collar. Page 12 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 24.6.2. These two inside strips of 5/8 inch wide FR hook fastener tape sewn to the underside of the collar shall engage corresponding pieces of flame resistant pile fastener tape at the front and back neck area of the liner system. 24.7. The throat tab shall be a scoop type design and constructed of two plys of outer shell material with two center plys of moisture barrier material. 24.8. The throat tab shall measure not less than. 4 inches wide at the center tapering to 2 inches at each end with a total length of approximately 9 inches. 24.9. The throat tab will be attached to the right side of the collar by a 1 inch wide by 1.5 inch long piece of Nomex twill webbing. 24.10. The throat tab shall be secured in the closed and stowed position with flame resistant hook and pile fastener tape. 24.10.1.The flame resistant hook and pile fastener tape shall be oriented to prevent exposure to the environment when the throat tab is in the closed position. 24.10.2.Two 2 inch by 3 inch pieces of FR pile fastener tape shall be sewn vertically to the inside of each end of the throat tab. 24.10.3.Corresponding pieces of FR hook fastener tape measuring 1 inch by 3 inches shall be sewn horizontally to the leading outside edge of the collar on each side, for attachment and adjustment when in the closed position and wearing a breathing apparatus mask. 24.10.4.In order to provide a means of storage for the throat tab when not in use, a 1 inch by 2 inch piece of FR hook fastener tape shall be sewn horizontally to the inside of the throat tab immediately under the 2 inch by 3 inch pieces of FR pile fastener tape. 24.10.5.The collar closure strap shall fold in half for storage with the FR pile fastener tape engaging the FR hook fastener tape. 24.10.6.An NFPA compliant fabric hanger loop shall be sewn to the inside of the liner at the neckline. 25. LINER SHOULDER AND UPPER BACK THERMAL ENHANCEMENT: 25.1. An additional layer of thermal liner material shall be used to increase thermal insulation in the upper back, front and shoulder area of the liner system. 25.1.1. This thermal enhancement layer shall drape over the top of each shoulder extending from the collar to the sleeve/shoulder seam, down the front approximately 5 inches and from the juncture of the collar down the back to a depth of 7 1/2 inches. 25.2. The upper back, front and shoulder thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. 26. AXTION BACK: 26.1. The jackets shall include inverted pleats to afford enhanced mobility and freedom of movement in addition to that provided by the AXTION sleeves. 26.2. The outer shell shall have two inverted pleats (one each side) installed at the juncture of the front and back body panels. 26.2.1. The inverted pleats shall begin at top of each shoulder and extend vertically down the sides of the jacket to the hem. 26.2.2. Maximum expansion of the pleats shall occur at the shoulder area and taper toward the hem. Page 13 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 26.3. The liner system shall be designed with darts in both the thermal liner and moisture barrier layers corresponding to the added length in the shell provided by the AXTION Back pleats. 26.3.1. The darts are positioned at the shoulder blades of the liner, outside of the SCBA straps, and work together with the outer shell pleats in the AXTiON back and sleeves providing maximum expansion. 27. JACKET FRONT: 27.1. The jacket shall incorporate separate facings to ensure there is no interruption in thermal or moisture protection in the front closure area. 27.1.1. The facings shall measure 2 1/2 inches wide, extend from collar to hem, and be double stitched to the underside of the outer shell at the leading edges of the front body panels. 27.2. A Breathable moisture barrier material shall be sewn to the jacket facings and configured such that it is sandwiched between the jacket facing and the inside of the respective body panel. 27.2.1. The breathable film side shall face inward to protect it. 27.3. The thermal liner and moisture barrier assembly shall be attached to the jacket facings by means of snap fasteners. 28. STORM FLAP: 28.1. A rectangular storm flap measuring 3 1/4 inches wide and 23 inches long shall be centered over the left and right body panels to ensure there is no interruption in thermal or moisture protection in the front of the jacket. 28.1.1. The outside storm flap shall be constructed of two plies of outer shell material with a center ply of breathable moisture barrier material. 28.1.2. The outside storm flap shall be double stitched to the right side body panel and shall be reinforced at the top and bottom with bar tacks. 29. STORM FLAP AND JACKET FRONT CLOSURE SYSTEM: 29.1. The storm flap shall close over the left and right jacket body panels and shall be secured with flame resistant hook and pile fastener tape. 29.1.1. A 1 1/2 inch by 23 inch piece of FR pile fastener tape shall be installed along the leading edge of the storm flap on the underside with four rows of stitching. 29.1.2. A corresponding 1 1/2 inch by 23 inch piece of FR hook fastener tape shall be sewn with four rows of stitching to the front body panel and positioned to engage the pile fastener tape when the storm flap is closed over the front of the jacket. 29.2. The jacket shall be closed by means of (zipper and hook & pile tape) a 22 inch size #10 heavy duty high -temp polymer zipper on the jacket fronts and flame resistant hook and pile fastener tape on the storm flap. 29.2.1. The teeth of the zipper shall be mounted on Nomex cloth and shall be sewn into the respective jacket facings. 30. CARGO/HANDWARMER EXPANSION (BELLOWS) POCKETS: 30.1. Each jacket front body panel shall have a 2 inch deep by 8 inch wide by 8 inch high expansion pocket double stitched to it and shall be located such that the bottom of the pockets are at the bottom of the jacket for full functionality when used with an SCBA. 30.1.1. Retro reflective trim shall run over the bottom of the pockets so as not to interrupt the trim stripe. 30.1.2. Two rust resistant metal drain eyelets shall be installed in the bottom of each expansion pocket to facilitate drainage of water. Page 14 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 30.1.3. The lower half of the pocket shall be reinforced with an extra layer of outer shell material on the inside. 30.2. The pocket flaps shall be rectangular in shape, constructed of two layers of outer shell material and shall measure 3 inches deeper than the pocket expansion and 1/2 inch wider than the pocket. 30.3. The upper pocket corners and pocket flaps shall be reinforced with bar tacks. 30.4. The pocket flaps shall be closed by means of flame resistant hook and pile fastener tape. 30.4.1. Two pieces of 1 1/2 inch by 3 inch FR hook fastener tape shall be installed vertically on the inside of each pocket flap (one piece on each end). 30.4.2. Two corresponding pieces of 1 1/2 inch by 3 inch FR pile fastener tape shall be installed horizontally on the outside of each pocket near the top (one piece on each end) and positioned to engage the hook fastener tape. 30.5. Additionally, a separate hand warmer pocket compartment will be provided under the expandable cargo pocket. 30.5.1. This compartment will be accessed from the rear of the pocket and shall be lined with Nomex Fleece for warmth and comfort. 31. FLASHLIGHT RETAINER STRAP: 31.1. The jackets shall be equipped with a flashlight retainer strap. 31.2. The retainer strap shall be located on the right chest. 31.3. An inward facing safety hook, attached to a double thickness leather tab, shall be double riveted in a vertical position to the upper chest. 31.4. A double thickness strap of outer shell material measuring approximately 1 inch by 8 inches shall be riveted to the jacket in the middle of the strap approximately 6 inches below the safety hook. 31.4.1. 1 inch by 1/2 inch flame resistant Velcro shall be attached to the loose ends of the strap so that they may be joined together around the flashlight. 32. RADIO POCKET: 32.1. Each jacket shall have a pocket designed for the storage of a portable radio. 32.1.1. This pocket shall be of box type construction, double stitched to the coat, and shall have one drainage eyelet in the bottom of the pocket. 32.1.2. The pocket flap shall be constructed of two layers of outer shell material measuring approximately 5 inches deep and 1/4 inch wider than the pocket. 32.1.3. The pocket flap shall be closed by means of flame resistant hook and pile fastener tape. 32.1.4. A 1 1/2 inch by 3 inch piece of FR hook fastener tape shall be installed vertically on the inside of the pocket flap beginning at the center of the bottom of the flap. 32.1.5. A 1 1/2 inch by 3 inch piece of FR pile fastener tape shall be installed horizontally on the outside of the pocket near the top center and positioned to engage the hook fastener tape. 32.2. The entire inside of the pocket shall be lined with neoprene coated cotton/polyester moisture barrier material to ensure that the radio is protected from the elements. 32.2.1. The moisture barrier material shall also be sandwiched between the two layers of outer shell material in the pocket flap for added protection. 32.3. The radio pocket shall measure approximately 3 inches deep by 3.5 inches wide by 9 inches high and shall be installed on the left chest. Page 15 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 33. MICROPHONE STRAP: 33.1. A strap shall be constructed to hold a microphone for a portable radio. 33.1.1. It shall be sewn to the coat at the ends only. 33.1.2. The microphone strap shall be mounted above the radio pocket and shall be constructed of double layer outer shell material. 34. RETRO REFLECTIVE FLUORESCENT TRIM: 34.1. Each jacket shall have an adequate amount of retro reflective fluorescent trim affixed to the outside of the outer shell to meet the requirements of NFPA #1971 (2000 edition) and OSHA. 34.2. The retro reflective fluorescent trim shall be lime/yellow Triple Trim (L/Y borders with silver center). 34.3. The trim shall be in the following widths and shall be NYC Style; 34.3.1. three inch wide stripes 34.3.1.1. around the lower portion of the body of the jacket, 34.3.1.2. around the back and chest area approximately three inches below the armpit, 34.3.1.3. around each sleeve below the elbow, 34.3.1.4. around each sleeve above the elbow. 35. REINFORCED TRIM STITCHING: 35.1. The trim stitching shall be reinforced with a strip of 3/32 -inch wide flame resistant cording material. 35.1.1. The cording shall be sewn to the top surface of the trim at the edges during installation of the retro reflective fluorescent trim on the garment. 35.1.2. The cording provides a bed for the stitching and affords extra protection to the stitching from abrasion. 35.1.3. This action will help to significantly reduce trim separation from the garment due to stitching failure from abrasion. 36. SEWN ON RETRO REFLECTIVE LETTERING: 36.1. Each jacket shall have 3 -inch lime/yellow Scotchlite lettering sewn to the back in two lines. The top line will be arched over the second line. ROUND ROCK FIRE RESCUE 36.2. An option will be provided for additional lettering. 37. SIZING: 37.1. The jacket length shall be measured from the juncture of the collar and back panels to the hem of the jacket and shall measure 32 inches long. 37.2. The jacket shall be available in male and female patterns in even size chest measurements of two inch increments, and shall range from a small size of 30 to a large size of 60. 37.3. Generalized sizing, such as small, medium, large, etc., will not be considered acceptable. Page 16 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 38. TROUSER CONSTRUCTION: 38.1. The body of the shell shall be constructed of four separate body panels consisting of two front panels and two back panels. 38.1.1. The body panels shall be shaped so as to provide a tailored fit, thereby enhancing body movement, and shall be joined together by double stitching with Nomex thread. 38.1.2. The body panels and seam lengths shall be graded to size to assure accurate fit in a broad range of sizes. 38.2. The front body panels will be wider than the rear body panels to provide more fullness over the knee area. 38.2.1. This is accomplished by rolling the side leg seams (inside and outside) to the rear of the pant leg beginning at the knee. 38.2.2. The slight taper will prevent premature wear of the side seams by pushing them back and away from the primary high abrasion areas encountered on the sides of the lower legs. 39. SEPARATING LINER SYSTEM (TROUSER): 39.1. The thermal liner and moisture barrier layers of the trouser liner system shall be constructed in such a way as to allow the layers to separate for complete interior inspection, service and replacement. 39.2. The thermal liner and moisture barrier layers shall be stitched together at the front fly only for security and prevention of inadvertent use of one layer without the other. 39.2.1. The liner system shall have a reinforcement of black Nomex Twill sewn to the bottom of the fly opening. 39.2.2. This reinforcement will serve to prevent the liner from tearing in that area from the constant donning and doffing of the trousers. 39.3. The thermal liner and moisture barrier layers shall fasten together at the waist with snap fasteners and at the cuffs with full circumference FR hook & loop fastener tape and two snap fasteners. 39.3.1. The snap fasteners shall be evenly spaced along the openings and set in bias -cut Neoprene reinforcement fabric. 39.3.2. The waist and cuff perimeters of the moisture barrier and thermal liner layers shall be bound along the edges with a neoprene -coated cotton/polyester binding for a finished appearance that prevents wicking of contaminants. 40. ELASTICIZED WAISTBAND: 40.1. The trouser design facilitates the transfer of the weight of the trouser to the hips instead of the shoulders and suspenders. 40.2. The two rear outer -shell body panels, beginning at the trouser side seams, shall incorporate an elasticized waistband. 40.2.1. The rear elasticized waistband shall be integral to the shell of the pant and the elasticized portion shall be covered in an aramid fabric. 40.2.1.1. The waist area of the trousers shall incorporate an independent stretch waistband on the inside with a separate piece of black aramid outer shell material cut on the bias (diagonally) measuring not less than two inches in width. 40.3. Neoprene coated cotton/polyester shall be sewn to the back of the waistband as a reinforcement. Page 17 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 40.3.1. The top edge of the waistband reinforcement shall be double stitched to the outer shell at the top of the trousers. 40.3.2. The lower edge of the waistband shall be serged and unattached to the shell to accept the thermal liner and moisture barrier. 40.4. The top of the thermal liner and moisture barrier shall be secured to the underside of the waistband reinforcement so as to be sandwiched between the waistband reinforcement and outer shell to reduce the possibility of liner detachment while donning and to avoid pass through of snaps from the outer shell to the inner liner. 41. EXTERNAL/INTERNAL FLY FLAP: 41.1. The trousers will have a vertical outside fly flap constructed of two layers of outer shell material, with a layer of moisture barrier material sandwiched between. 41.1.1. The fly flap shall be double stitched to the left front body panel and shall measure approximately 2 1/2 inches wide by 10 inches long and reinforced with bar tacks at the base. 41.1.2. An internal fly flap constructed of one layer of outer shell material, thermal liner and specified moisture barrier, measuring approximately 2 inches wide by 10 inches long, shall be sewn to the leading edge of the right front body panel. 41.2. The inside of the right front body panel shad be thermally enhanced directly under the outside fly with a layer of moisture barrier and thermal liner material. 41.3. The underside of the outside fly flap shall have a 2 inch wide piece of loop fastener tape quadruple stitched along the full length and through the shell material only; stitching shall not penetrate the moisture barrier insert between the two layers to insure greater thermal protection and reduced water penetration. 41.3.1. A corresponding strip of 2 inch wide by 9 inch long hook fastener tape shall be quadruple stitched to the outside right front body panel securing the fly in a closed position. 41.4. Appropriate male and female snap fastener halves shall be installed at the leading edge of the waistband for the purpose of further securing the trousers in the closed position. 42. BELT: 42.1. Each trouser shall include a 2" wide black Kevlar belt with an adjustable hi -temp thermoplastic buckle serving as the exterior primary positive locking closure. 42.2. The belt shall be attached to the two front body panels of the trouser beginning at the side seams. 42.2.1. The belt shall run through tunnels constructed of black 7.5oz Nomex outer shell material protecting it from damage. 42.2.2. The tunnels will begin at the side seams and terminate at the front of the trouser exposing the .buckle. 42.2.3. A single belt loop constructed of a double layer of black 7.5oz Nomex measuring approximately Y2 inch by 3 inches shall be attached to the topside of the right side tunnel. 42.2.4. The belt loop will be located approximately 2 inches from the tunnel opening for storage of the belt tab. 42.3. Sizing adjustments shall be provided by a self locking 2" thermoplastic buckle; this buckle shall also provide a quick -release mechanism for donning and doffing. ,Page 18 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 43. PADDED RIP -CORD SUSPENDERS & ATTACHMENT: 43.1. On the inside waistband shall be four attachments total — 2 front, 2 back attachments for the standard "H" style "Padded Rip -Cord" suspenders. 43.1.1. The suspender attachments shall be constructed of a double layer of black Nomex twill measuring approximately 112 inch wide by 3 -inches long. 43.1.2. They shall be sewn in a horizontal position on the ends only to form a loop. 43.1.3. The appearance will be much like a horizontal belt loop to capture the suspender ends. 43.2. A pair of "H" style "Padded Rip -Cord" suspenders shall be specially configured for use with the trousers. 43.2.1. The main body of the suspenders shall be constructed of 2 inch wide black strap webbing. 43.2.2. The suspenders shall run over each shoulder to a point approximately shoulder blade high on the back, where they shall be joined by a 2 inch wide horizontal piece of webbing measuring approximately 8 -inches long, forming the "H". 43.2.2.1. This shall prevent the suspenders from slipping off the shoulders. 43.2.3. The shoulder area of the suspenders will be padded for comfort. 43.3. The rear ends of the suspenders will be sewn to 2 -inch wide elasticized webbing extensions measuring approximately 8 -inches in length and terminating with thermoplastic loops. 43.4. The forward ends of the suspender straps shall be equipped with specially configured non- slip metal slides. 43.5. Through the metal slides will be the 9 inch lengths of strap webbing "Rip -Cords" terminating with thermoplastic loops on each end. 43.5.1. Pulling on the "Rip -Cords" shall allow for quick adjustment of the suspenders. 43.6. Threaded through and attached to the thermoplastic loops on the forward and rear ends of the suspenders will be black Nomex suspender attachments incorporating two snap fasteners. 43.6.1. The Nomex suspender attachments are to be threaded through the suspender attachment loops on the inside waistband of the trousers. 43.6.2. The Nomex suspender attachments will then fold over and attach to themselves securing the suspender to the trousers. 44. AXTION SEAT: 44.1. The rise of the rear trouser center back seam, from the top back of the waistband to where it intersects the inside leg seams at the crotch, shall exceed the rise at the front of the trouser by 8 -inches. 44.1.1. The longer rear center back seam provides added fullness to the seat area for extreme mobility without restriction when stepping up or crouching and will be graded to size. 44.1.1.1. This feature in combination with other design elements will maintain alignment of the knee directly over the knee pads when kneeling and crawling. 45. EXPANSION (BELLOWS) POCKETS: 45.1. An expansion pocket, measuring approximately 2 inches deep by 10 inches wide by 10 inches high shall be double stitched to the side of each leg straddling the outseam above the knee and positioned to provide accessibility. Page 19 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 45.1.1. The lower half of each expansion pocket shall be reinforced with an additional layer of outer shell material on the inside. 45.1.2. Two rust resistant metal drain eyelets shall be installed on the underside of each expansion pocket to facilitate drainage of water. 45.2. The pocket flaps shall be rectangular in shape, constructed of two layers of outer shell material and shall measure 3 inches deeper than the pocket expansion and 1/2 inch wider than the pocket. 45.3. The upper pocket corners and pocket flaps shall be reinforced with bar tacks. 45.4. The pocket flaps shall be closed by means of flame resistant hook and pile fastener tape. 45.4.1. Two pieces of 1 1/2 inch by 3 inch FR hook fastener tape shall be installed vertically on the inside of each pocket flap (one piece on each end). 45.4.2. Two corresponding pieces of 1 1/2 inch by 3 inch FR pile fastener tape shall be installed horizontally on the outside of each pocket near the top (one piece on each end) and positioned to engage the hook fastener tape. 46. AXTiON KNEE: 46.1. The outer shell of the trouser legs shall be constructed with horizontal expansion pleats in the knee area with corresponding darts in the liner to provide added fullness for increased freedom of movement and maximum flexibility. 46.1.1. Two expansion pleats measuring approximately 1" deep, shall be installed on each side of the legs along both the inseam and outseam in the knee area. 46.1.2. The pleats shall be folded to open outwardly towards the side seams to insure no restriction of movement. 46.2. The AXTION knee will be installed proportionate to the trouser inseam, in such a manner that it falls in an anatomically correct knee location. 46.3. The liner system shall be constructed with four darts per leg in the front of the knee. 46.3.1. Two will be located above the knee (one on each side) and two will be located below the knee (one on each side). 46.3.1.1. Each dart will be approximately 2 inches long. 46.3.1.2. The darts in the liner provide a natural bend at the knee. 46.3.1.3. The darts in the liner work in conjunction with the expansion panels in the outer shell to increase freedom of movement when kneeling, crawling, climbing stairs or ladders, etc. 47. LINER KNEE THERMAL ENHANCEMENT : 47.1. An additional layer of specified thermal liner and moisture barrier material will be sewn to the knee area of the liner system for added protection and increased thermal insulation at contact points. 47.2. The knee thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. 48. KNEE REINFORCEMENTS: 48.1. The knee area shall be reinforced with grey suede leather. 48.2. The knee reinforcement shall be slightly offset to the inside of the leg to insure proper coverage when bending, kneeling and crawling. 48.3. The knee reinforcements shall measure 10 inches wide by 12 inches high and shall be double stitched to the outside of the outer shell in the knee area for greater strength and abrasion resistance. Page 20 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 49. PADDING UNDER KNEE REINFORCEMENTS: 49.1. Padding for the knees shall be accomplished with one layer of neoprene coated aramid batt and one layer of quilted aramid batt. 49.1.1. Both layers of aramid batt shall be sandwiched between the shell and the knee reinforcement layers. 49.2. The neoprene shall face outward. 50. TROUSER CUFF REINFORCEMENTS: 50.1. The cuff area of the trousers shall be reinforced with gray suede leather. 50.1.1. The cuff reinforcement shall not be Tess than 2 inches in width and folded in half, approximately one half inside and one half outside the end of the legs for greater strength and abrasion resistance. 50.1.2. The cuff reinforcement shall be double stitched to the outer shell. 50.2. Two Nomex snap tabs (one each side), measuring approximately 1 inch long shall be bar tacked to the inside of each leg of the outer shell approximately three inches from the bottom of the trouser leg. 50.2.1. A female snap fastener half shall be installed at the end of each tab and shall align with the male snap fastener halves installed at the bottom of the trouser thermal liner/moisture barrier. 50.2.2. The tab mounted snap fasteners shall secure the trouser thermal liner/moisture barrier to the outer shell within three inches of the cuff. 51. REVERSE BOOT CUT: 51.1. The outer shell trouser leg cuffs will be constructed such that the back of the leg is approximately 1 inch shorter than the front. 51.2. The liner will also have a reverse boot cut at the rear of the cuff and a concave cut at the front to keep the liner from hanging below the shell. 51.2.1. This construction feature will minimize the chance of premature wear of the cuffs and injuries due to falls as a result of "walking" on the trouser cuffs. 52. RETRO REFLECTIVE FLUORESCENT TRIM : 52.1. The trousers shall have a stripe of retro reflective fluorescent trim encircling each leg below the knee to comply with the requirements of NFPA #1971 (2000 revision) in 3 inch lime/yellow Triple Trim (L/Y borders with silver center). 53. REINFORCED TRIM STITCHING: 53.1. The trim stitching shall be reinforced with a strip of 3/32 inch wide flame resistant cording material. 53.1.1. The cording shall be sewn to the top surface of the trim at the edges during installation of the retro reflective fluorescent trim on the garment. 53.1.2. The cording provides a bed for the stitching and affords extra protection to the stitching from abrasion. 53.1.3. This action will help to significantly reduce trim separation from the garment due to stitching failure from abrasion. Page 21 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 54. SIZING: 54.1. The trousers shall be available in even size waist measurements of two inch increments and shall be available in a range of sizes from 24 to 56. 54.2. The trouser inseam measurement shall be available in two inch increments. 54.3. Generalized sizing, such as small, medium, large, etc., will not be considered acceptable. • 54.4. Sizing specifically for women shall also be available. 55. THIRD PARTY TESTING AND LISTING PROGRAM: 55.1. All components used in the construction of these garments shall be tested for compliance to NFPA Standard #1971 (2000 revision) by Underwriters Laboratories (UL). 55.2. Underwriters Laboratories shall certify and list compliance to that standard. 55.2.1. Such certification shall be denoted by the Underwriters Laboratories certification label. 56. LABELS: 56.1. Appropriate warning label(s) shall be permanently affixed to each garment. Additionally, the label(s) shall include the following information. 56.2., Compliance to NFPA Standard #1971 - 2000 edition 56.3. Underwriters Laboratories classified mark 56.4. Manufacturer's name 56.5. Manufacturer's address 56.6. Manufacturer's garment identification number 56.7. Date of manufacture 56.8. Size 56.9. Fiber contents 57. ISO CERTIFICATION / REGISTRATION: 57.1. The protective clothing manufacturer shall be certified and registered to ISO Standard 9001 to assure a satisfactory level of quality. 58. EXCEPTIONS TO SPECIFICATIONS: 58.1. Any and all exceptions to the above specifications must be clearly stated for each heading. Use additional pages for exceptions, if necessary. PART III ACCEPTANCE AND PAYMENT 1. SERVICE: The Vendor shall: 1.1. Size each firefighter at the City of Round Rock, Fire Department. 1.1.1. Dedicate at least one representative as needed for sizing. 1.1.2. Maintain sizing profile on each firefighter (prefer Excel spreadsheet) including the required alterations to assist in expediting the delivery of future replacement garments. NOTE: SIZING INFORMATION SHALL BE THE PROPERTY OF THE CITY. 1.2. Maintain adequate shelf stock to provide uninterrupted services on non -custom items. 1.3. Alter standard size garment(s), if needed to accomplish more satisfactory fit. Page 22 of 23 SPECIFICATION NO. 05-340-34 DATE: September 2005 1.4. Issue turnout gear only upon receipt of a purchase order.. 1.5. Provide to the City the name and telephone number of Vendor's representative. 2. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor will be notified within this time frame if the item(s) delivered is not in full compliance with the specifications. If any purchase order is canceled for non-acceptance, the needed items 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 each invoice on a monthly basis to the following address: City of Round Rock Attn: Accounts Payable 221 East Main Street Round Rock, TX 78664-5299 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. There 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 seq., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq. Page 23 of 23