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R2021-226 2021-10-11 RESOLUTION NO. R2021-226 A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply contract for bunker gear cleaning inspections and repair services to Delta Industrial, in the estimated amount of $130,250.00, for the period of October 12, 2021 through October 11, 2022. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City recently opened supply bids for bunker gear cleaning inspections and repair services, and such bids have been evaluated. Section 2. That the City Council hereby awards a contract to Delta Industrial, in the unit price amounts reflected in Exhibit "A" attached hereto. Section 3. The City Manager or his designee is hereby authorized to execute a supply contract for bunker gear cleaning inspections and repair services. PASSED, APPROVED and ADOPTED this the 11th day of October, A.D., 2021. IN COLE AYOR ATT T: ‘ CR TAL ROAN, MC, ;,'�o4QEARL.... '>.CITY SECRETARY ' 4i " - 18( �`- �'/ -. APPROVED AS TO FORM: - fig • 1 DARRIN M. COKER CITY ATTORNEY 0821-58 Bunker Gear Cleaning Inspections and Repair RFP-Evaluation Recap Vendor Name Delta Industrial(Jets Fire&Safety) LION TOTALCARE, INC Bid Amount-Like Items $94,632.00 $56,634.70 Qualifications/Demonstrated Capability to Perform 40 pts 38.75 18.75 Experience List/Past Relationship W/City 30 pts 17.50 17.50 Compliance to Proposal Requirements 10 pts 10.00 5.50 Pricing/Best Value 20 pts 8.53 14.25 Total Points 74.78 56.00 For Compliance to Bid:check to make sure the following forms/lette Cover Letter/Introduction/responses Y Y Letters of Authorization Y Y Insurance Form Y Y Local Bidder Claim Form Y n,and not local Conflict of Interest Y Y Contractor Questionnaire Y Y Non-Collusion Stmnt Y Y Vendor Reference Y Y HB 89 Y Y Notes City forms were not provided until requested. No pass history. Proper equipment,and Cleaning City forms were not provided until requested.30 sets of fluids,Great record keeping. Multiple extractors.Hydro gear per pickup unable to fulfill our needs.No pass testing units. history. No#of sets of gear per pickup. No past history for City forms were not provided until requested. Max set inspections/cleanings,gave half points for benefit of the pickup too low per shift.Turnaround time too long. No doubt.Offered intertek cert. Most qualified vendor on past history for cleanings/inspections,gave half points paper.Turnaround time and pickup quantity sufficient. for benefit of the doubt.Vendor should be disqualified Visited the center.Appropriate extractors,detergents for lengthy cleaning times and pick up below the and drying methods being used.Vendor was able to minimum amount needed per shift. confirm non-uv lighting.Operation is approved by PFD staff. 0821-58 Bunker Gear Cleaning lnspectio Vendor Name PPE CARE The Fire Center, LLC Bid Amount-Like Items $40,360.45 $47,611.40 Qualifications/Demonstrated Capability to Perform 40 pts 18.75 20.00 Experience List/Past Relationship W/City 30 pts 12.50 15.00 Compliance to Proposal Requirements 10 pts 8.00 6.25 Pricing/Best Value 20 pts 20.00 16.95 Total Points 59.25 58.20 !r were provided by vendor: Cover Letter/Introduction/responses Y Y Letters of Authorization Y Y Insurance Form Y Y Local Bidder Claim Form Y n,and not local Conflict of Interest Y n Contractor Questionnaire Y Y Non-Collusion Stmnt Y Y Vendor Reference Y Y HB 89 Y n Notes No#of sets of gear per pickup.No Certs on work that 40 to 50 sets per pickup, No past History,Not all forms they provide. available.Certs. Improper equipment used No#of sets of gear per pickup. Have had minor confllicts 40 to 50 sets per pickup,No past History,Not all forms in the past-mainly with clerical type issues and avaliable.Austin location-no past history,gave half authorization of repairs that exceed$125.00.Vendor points for benefit of the doubt.Visited the center. must be disqualified for not having the appropriate Vendor uses residential washers and uses arm& certifications to clean/inspect gear. hammer liquid detergent.Vendor must be disqualified for not using the appropriate extractors for bunker gear- residential washers are not able to properly regulate G forces and temp per NFPA standard. Requested a couple times to view drying area,were not shown that area of the warehouse.Member was unsure if the company used non-uv lighting throughout the building. Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 1 of 7 City of Pearland 3519 Liberty Drive Pearland, TX 77581 SERVICE CONTRACT NO. 0821-58 Annual Bunker Gear Cleanings, Inspections & Repairs THIS CONTRACT ("Contract") is entered into by and between the City of Pearland, a Texas home- rule municipal corporation (“City”) and Contractor (“Contractor"), and consisting of the following parts: I. Summary of Contract Terms II. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Delta Industrial Service & Supply 3159 Summit Dr. Port Neches, TTX 77651 Description of Services: Annual Bunker Gear Cleanings, Inspections & Repairs Contract Amount: $130,250.00 Effective Date: October 12th, 2021 End Date: October 11th, 2022 Renewals: 2 Resolution No/Bid No: R2021-226 II. Signatures CITY OF PEARLAND CONTRACTOR Purchasing Officer Date Title: Date: *Signed by: Date Superintendent/Manager Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority: Superintendent/Manager – up to $10,000 Director - $10,001 - $30,000 City Manager/Deputy/Assistant City Manager - $30,001 + City Council Resolution over $50,000 DocuSign Envelope ID: 2A62501F-ED30-4F0E-A829-D892D739DD8B Vice President 10/19/2021 | 7:52 AM CDT 10/19/2021 | 7:55 AM PDT 10/19/2021 | 1:30 PM CDT Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 2 of 7 III. Standard Contract Provisions WHEREAS, Contractor has bid to provide Services (“Services”) in response to Request for Bid/Proposal or Quote No. 0821-58 (“Solicitation”), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Services in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Contract is for one (1) year, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to two (2) additional one-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Contract is for an amount estimated at $130,250.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayable@pearlandtx.gov 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Contract is as follows: Name: Rachel Darrow Department: FIRE Phone: 281-997-4623 Email: rdarrow@pearlandtx.gov 5. Insurance; Bonds. (A) Before performance can begin under this Contract, the Contractor must deliver a Certificate of Insurance (“COI”), as proof of the required insurance coverages, to the City’s Contract Administrator. Additionally, the COI must state that the City shall be provided no less than thirty (30) days’ advance written notice of cancellation, material DocuSign Envelope ID: 2A62501F-ED30-4F0E-A829-D892D739DD8B Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 3 of 7 change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within ten (10) days of the City Manager or his designee’s written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B) Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Contract. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract. 6. Purchase Release Order. For multiple-release purchases of Services provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Services shall not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re- working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment D, the entirety of which, is attached to this is incorporated into this Contract. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this DocuSign Envelope ID: 2A62501F-ED30-4F0E-A829-D892D739DD8B Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 4 of 7 Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors unless the subcontractors were identified in the bid/quote/proposal or approved by the Contract Administrator. 13. Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Pearland Attn: Rachel Darrow Title: Logistics Supervisor Address: 2703 Veterans Dr., Pearland, TX 77584 Phone: 281-997-4623 IF TO CONTRACTOR: Delta Industrial Service & Supply Attn: Marissa Guerra Title: Vice President Address: 3159 Summit Dr., Port Neches, TX 77651 Phone: 936-707-0792 17. Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR’S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL OR COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE PERFORMANCE OF THIS CONTRACT OR THAT PROVIDES FOR CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT. EXCEPT WHERE AN ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE CITY PROVIDES OTHERWISE, EACH PARTY TO THIS CONTRACT IS RESPONSIBLE FOR DEFENDING AGAINST AND LIABLE FOR PAYING ANY CLAIM, SUIT, OR JUDGMENT FOR DAMAGES, LOSS, OR COSTS ARISING FROM DocuSign Envelope ID: 2A62501F-ED30-4F0E-A829-D892D739DD8B Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 5 of 7 THAT PARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. THIS PROVISION DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO IS SUED BY A THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACT AS A THIRD- PARTY DEFENDANT AS ALLOWED BY LAW. 18. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator’s fees. 19. Attorney’s Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney’s fees or other costs relating to the suit. 20. Termination. (A) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City’s own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (B) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default shall provide the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract pursuant this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. 21. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 22. Limitation of Liability. The City’s maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 23. Assignment. No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 24. Severability. Each provision of this Contract is considered to be severable and, if, for any DocuSign Envelope ID: 2A62501F-ED30-4F0E-A829-D892D739DD8B Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 6 of 7 reason, any provision or part of this Contract is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 25. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Contract (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 26. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Contract if required by said statute for items approved by the City Council. 27. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Brazoria County, Texas. 28. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 29. Public Information Act Requirements. This paragraph applies only to Contracts that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 30. Entire Agreement. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV. Special Terms and Conditions. If the option to renew for additional one-year period(s) is exercised by the City of Pearland, a price adjustment may be requested if done so no later than 120 days before the term expires. V. Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements DocuSign Envelope ID: 2A62501F-ED30-4F0E-A829-D892D739DD8B Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 7 of 7 Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP/Quote No. 0821-58 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 2A62501F-ED30-4F0E-A829-D892D739DD8B ATTACHMENT A – SCOPE OF WORK 1.0 GENERAL 1.01 Pearland Fire Department operates six fire stations and an administration office. The Contractor will be responsible for picking up and dropping off at each station. 1.02 There are approximately 400 sets of gear to be serviced annually. 1.02.1 Contractor must be able to complete 40 sets of gear, boots, helmets, gloves and hoods within a forty-eight (48) hour period for secondary inspections in April and a seventy-two (72) hour period for primary inspections in October. Each to be completed within one month. 1.02.2 This includes pickup, cleaning and repairs, and delivery back to the station of origin. 1.02.3 Usually scheduled a month in advance for planning purposes. 1.02 Contractors must ensure that their employees assigned to work on City projects have legal right to work in the United States, and Contractor must comply with requirements of e-verify program, as administered by U.S. Citizenship and Immigration Services. 1.04 Contractor must perform background (on the State level) and criminal history check, and ensure that no employee assigned to work at a City facility has been convicted of: 1.04.1 A felony or any offense that designates the individual as a sex offender. 1.04.2 Found to have any conviction relating to theft, identity fraud, or vandalism. 1.05 Contractor is expected to perform all work in a competent and professional manner. Any damage to a City or Citizens building/facility, either direct or indirect, resulting from the Contractor, or their employees must be repaired fully and completely at the cost to the Contractor, including work, materials, and any litigation fees that may be incurred to recover the cost of such damages not repaired or not repaired in a workmanlike manner. 1.06 Contractor shall comply fully with these specifications. Contractor shall also comply with and be knowledgeable concerning all NFPA standards and manufacturer guidelines, which apply to the selection, care and maintenance of PPE. Contractor must provide contact information and proof of NFPA 1851 compliance with proposal response. 1.07 The Contractor shall provide a UL certified laboratory testing service to the Fire Department. Random audits of the Contractor cleaning and/or repair process by the Fire Department will be allowed once per quarter, if deemed necessary by the Fire Department. This testing shall be provided free of charge. If the advanced inspection determines that there is any large amount of abnormal deterioration in any component of the gear, the Contractor shall provide testing by a UL certified laboratory to help determine the source of the wear. All test results shall be recorded and available to the Fire Department. 1.08 The Contractor’s primary business shall be the inspections, cleaning, testing, rental and repair of firefighting PPE or proximity PPE. Primary business shall mean that 75% or more of the Contractor’s sales are generated by the above-mentioned services. Contractor shall have liability insurance covering the cleaning and repair of PPE and shall provide proof of such. 1.09 Contractor must keep accurate records pertaining to NFPA 1851 compliance. All Fire Department information regarding the inspections, cleaning, repairs and other maintenance performed to the departments PPE shall be available upon request. All issuing, re-issuing, advanced inspections, advanced cleanings, specialized cleanings and maintenance per NFPA 1851 will be documented through this record keeping system. The Fire Department will be able to access this information as needed. All documentation must be compatible with City of Pearland current software. DocuSign Envelope ID: 2A62501F-ED30-4F0E-A829-D892D739DD8B 1.10 The following requirements and specifications shall be in addition to the other requirements contained herein and shall supersede the other requirements where applicable. 1.11 SILENCE OF SPECIFICATIONS: The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. 2.0 REQUIREMENTS 2.1 Work must be performed according to NFPA 1851 standards and Contractor must follow all OSHA, local, state and federal safety policies and codes. 2.2 All equipment maintenance must meet or exceed current NFPA standards and manufacturer guidelines that are applicable to this contract. 2.3 NFPA Standard in Effect: NFPA 1851, current edition, the standard on the selection, care and maintenance of PPE. 2.4 All standard tools and equipment necessary to perform specified work shall be provided by the Contractor at no additional fee. 2.5 Provide a quote before completion of work for repairs that will exceed $125 per garment so the City of Pearland may review and make an informed decision as to proceed with repairs or fail the garment. 2.6 Availability: The Contractor shall maintain a staffed office for the processing of specific job-related information during normal working hours, 8:00 a.m. to 5:00 p.m., five days a week. 2.7 Testing Results: 2.7.1 Contractor shall provide Pearland Fire Department with Third Party Independent Laboratory test results regarding the NFPA compliance of the Contractor’s PPE cleaning and repairing processes. 2.7.2 Test results shall verify that the Contractor’s cleaning and repair methods meet NFPA standards. 2.7.3 The following items shall be included in the testing of the Contractor’s repairs: major A seams, major B seams to the moisture barrier, major B seams to the thermal liner and tear strength (to repaired stress areas). 2.7.4 Cleaning methods shall be tested to verify that Contractor can wash shell fabric a minimum of twenty- five (25) times without degrading the fabric. Additionally, for quality control and potential liability purposes, Third Party Independent Laboratory personnel shall verify Contractor through annual and random sampling inspections. Contractor shall furnish a certificate of conformance verifying that they are capable of repairing moisture barriers to NFPA 1971, 2000 ed. Standards. 2.8 Manufacturer Recognition, Authorization and Recommendation 2.8.1 Must be authorized to clean and repair PPE manufacturers: Honeywell, Globe, Lion, Veridian, MSA, Thorogood, Lifeliners, Black Diamond PPE. 2.8.2 Letters of authorization or certificates of recognition shall be provided with contract response. These letters must include recognition by the Fire Department’s current supplier and any previous or future supplier(s) of PPE (that may require maintenance through the duration of the contract). 2.8.3 Manufacturer authorization is necessary to guarantee compliance to NFPA 1851, which states that cleaning and repair facilities must be “manufacturer recognized”. 2.9 Service Records must be maintained for no less than three years past the term of contract. DocuSign Envelope ID: 2A62501F-ED30-4F0E-A829-D892D739DD8B 3.0 COMPENSATION 3.1 The City will compensate the Contractor at the unit price rates shown in the contract. 3.2 City of Pearland will not pay any additional charges unless specified in the contract. These charges may include, but are not limited to, delivery charges and/or fuel surcharges. 3.3 Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. 3.4 The price of the advanced inspection and the advanced cleaning shall be priced together and shall include the following items: 3.4.1 Pick-up of PPE at designated stations. 3.4.2 Record keeping as determined by NFPA 1851 standards. 3.4.3 Availability of all pertinent Fire Department records between the Contractor and the Fire Department. 3.4.4 Advanced cleaning as determined by NFPA 1851 standards. 3.4.5 The advanced inspection as determined by NFPA 1851 standards, including the determination of any necessary repairs to PPE for NFPA compliance (repair prices are not to be included here, as the repair prices will be quoted later in this document). 3.4.6 Delivery of PPE back to designated station. DocuSign Envelope ID: 2A62501F-ED30-4F0E-A829-D892D739DD8B ADVANCED INSPECTIONS AND ADVANCED CLEANING SPECIFICATIONS The Contractor shall provide advanced inspections with each advanced cleaning, according to NFPA guidelines. Contractor is required to provide documentation that the equipment used to inspect and clean the gear is up to standard (i.e. G-force, temp, etc.). When the Contractor performs the advanced inspection, all records and findings shall be documented and provided to the Fire Department. Contractor shall provide advanced cleaning of PPE at a minimum of two (2) times annually. Additionally, the Contractor shall provide specialized cleaning in the event that decontamination is needed. The Contractor shall meet the following specifications for advanced inspections, advanced cleaning and specialized cleaning at a minimum: 1. All advanced inspections shall be performed in accordance with NFPA 1851 guidelines. The advanced inspection shall include a documented record of all PPE items and components listed in NFPA 1851, Section 4.3. Any records of PPE, which have been inspected by the Contractor, will be accessible to the Fire Department. 2. The advanced inspection shall include testing of the moisture barrier by a hydrostatic tester. 3. If the advanced inspection determines that there is any abnormal deterioration in any component of the gear, the Contractor shall provide testing by a UL certified laboratory to determine the source of the wear. All test results shall be recorded and available to the Fire Department. 4. In order to minimize the threat of cross-contamination during the cleaning process, the washers/extractors used shall be dedicated to the cleaning of PPE only, as per NFPA 1500-5.1-8.1. 5. Contractor’s cleaning methods and cleaning chemicals must be in accordance to manufacturer and NFPA guidelines. This includes compliance to NFPA 1500, 1851, 1971 and compliance shall be verified through lab test results. Contractor shall use cleaning chemicals that have been manufactured specifically for the cleaning of PPE. Cleaning chemicals shall be tested to verify that pH levels are appropriate for PPE and meet NFPA specifications. 6. Contractor must be able to provide hazardous and biological decontamination capabilities and shall provide emergency response upon exposure to said elements when needed (as performed in NFPA 1851, Sec. 5 – Specialized Cleaning). 7. Contractor will be required to provide local pick-up and delivery service; to include shipping containers and incur all cost of shipping from and to the City. Proposal response shall contain Contractor’s explanation as to how this will be accomplished. REPAIRS Contractor shall perform necessary repairs to PPE in conformance with all applicable NFPA standards and shall not void any manufacturer warranties when performing such work. Contractor shall be capable of performing all needed repairs, including moisture barrier repairs. As such, Contractor must be ETL verified and must have a letter of authorization by the moisture barrier component manufacturer. All repairs will be documented, and all pertinent records shall be provided to the Fire Department. 1. Contractor shall be a manufacturer recognized facility, capable of providing all necessary PPE repairs, in accordance with all relevant NFPA specifications. Contractor shall be capable of moisture barrier repairs when needed. Contractor shall be authorized to perform any moisture barrier repairs, including seam sealing (NFPA 1851, sec. 6.1.6). DocuSign Envelope ID: 2A62501F-ED30-4F0E-A829-D892D739DD8B 2. Repair parts and methods shall meet with manufacturer requirements as stated in NFPA 1971, 2000 ed.. Repairs and alterations shall be performed in a manner that is consistent with manufacturer instructions (NFPA 1851, sec. 6). Repairs and alterations shall not adversely affect the performance of the turnout gear. 3. Contractor will perform all necessary cleaning or decontamination to PPE before performing any repairs, per OSHA and NFPA guidelines (NFPA 1851, sec. 6.1.2). 4. All repairs deemed necessary for NFPA compliance will be documented for the Fire Department’s records at the time of the advanced inspection. 5. Highly trained seamstresses shall perform necessary repairs to PPE. A structured continuing education program must be in place, so all seamstresses are knowledgeable with current NFPA standards and guidelines. 6. There must be a quality control program in which each of the Contractor’s front-line seamstresses’ work is randomly tested for NFPA compliance. This testing shall be performed annually, at a minimum, by a UL certified laboratory. Contractor shall furnish the Fire Department with a current employment roster and UL certification for all non-probationary seamstresses. Only tested and passed seamstresses shall work on Fire Department PPE. Documentation of this requirement will be submitted with this proposal. 7. Contractor will provide a final inspection of repaired PPE by trained personnel to guarantee that all work performed to PPE meets or exceeds NFPA standards. 8. Upon receipt of repaired PPE, the Fire Department shall also receive all pertinent records documenting all work performed by Contractor, including all inspections, cleaning and repairs per NFP requirements. DocuSign Envelope ID: 2A62501F-ED30-4F0E-A829-D892D739DD8B ATTACHMENT B – BID/PRICING SCHEDULE Specification Responses Delta Industrial (JETS Fire and Safety) Line Description UOM EST QTY Unit 1.1 Advanced cleaning and inspection of bunker coat, including liner, twice per year EA 200 $84.00 1.2 Advanced cleaning and inspection of bunker pant, including liner, twice per year EA 200 $84.00 1.3 Advanced cleaning and inspection of boots, once per year, to include cleaning, inspection , conditioning and polishing EA 200 $39.95 1.4 Advanced cleaning and inspection of helmet, once per year, to include cleaning, inspection, replacement of any necessary tetrahedrons and conditioning (if leather) EA 200 $32.00 1.5 Advanced cleaning and inspection of gloves, twice per year EA 200 $10.00 1.6 Advanced cleaning and inspection of hood, twice per year EA 350 $8.00 1.7 Coat repair – full bellows pocket EA 40 $35.00 1.8 Coat repair – radio pocket EA 35 $22.90 1.9 Coat repair – mic loop EA 5 $9.25 1.10 Coat repair – sleeve cuff EA 5 $20.00 1.11 Coat repair – zipper (storm flap) EA 185 $44.40 1.12 Coat repair – Velcro (storm flap) EA 55 $27.60 1.13 Coat repair – triple trim (entire coat) EA 5 $160.00 1.14 Coat repair – DRD retrofit EA 40 $74.60 1.15 Coat repair – name patch with hook and loop EA 60 $32.00 1.16 Coat repair – letters (each) EA 50 $3.00 1.17 Coat repair – wristlets (each) EA 5 $35.00 1.18 Coat repair – take up strap EA 25 $12.00 1.19 Pant repair – full bellows pocket EA 45 $44.00 1.20 Pant repair – knee pad EA 5 $40.00 1.21 Pant repair – cuff (each) EA 5 $20.00 1.22 Pant repair – Velcro (storm flap) EA 5 $21.50 1.23 Pant repair – triple trim (entire pant) EA 15 $68.00 1.24 Pant repair – DRD EA 1 $0.00 1.25 Pant repair – zipper (fly) EA 150 $33.80 1.26 Pant repair – shorten pants EA 5 $95.00 1.27 Pant repair – take up strap EA 5 $12.00 1.28 Pant repair – female snap EA 10 $4.95 1.29 Miscellaneous repair – hook (w/rivets and leather back) EA 5 $11.00 1.30 Miscellaneous repair – D-ring (w/rivets and leather back) EA 5 $7.40 1.31 Miscellaneous repair – outer shell patches (per square inch) EA 315 $3.60 1.32 Miscellaneous repair – outer shell patches up to 4” x 4” EA 315 $18.75 1.33 Miscellaneous repair – restitching EA 15 $3.00 1.34 Miscellaneous repair – bartacking 12” EA 5 $0.00 1.35 Miscellaneous repair – seam sealing, per inch EA 5 $3.00 1.36 Miscellaneous repair – moisture barrier velcro, per inch EA 45 $1.95 1.37 Miscellaneous repair – moisture barrier patch, per square inch EA 5 $1.00 DocuSign Envelope ID: 2A62501F-ED30-4F0E-A829-D892D739DD8B 1.38 Miscellaneous repair – moisture barrier patch 5” x 5” EA 5 $12.00 1.39 Miscellaneous repair – moisture barrier patch 4” x 4” EA 5 $12.00 1.40 Miscellaneous repair – moisture barrier pin holes EA 265 $12.00 1.41 Miscellaneous repair – triple trim, per inch EA 5 $1.25 1.42 Miscellaneous repair – reflective stickers EA 220 $5.50 1.43 Miscellaneous repair – repair helmet crack EA 5 $50.00 1.44 Miscellaneous repair - restitch helmet EA 10 $0.00 1.45 Miscellaneous repair - helmet chin strap EA 5 $32.00 1.46 Miscellaneous repair - identification sticker EA 110 $16.00 1.47 Miscellaneous repair - DECON EA 5 $80.00 DocuSign Envelope ID: 2A62501F-ED30-4F0E-A829-D892D739DD8B ATTACHMENT C – INSURANCE REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor’s policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. Type of Insurance Amount of Insurance Provisions 1. Workers’ Compensation Employers’ Liability Statutory Limits $100,000 per occurrence City to be provided a WAIVER OF SUBROGATION and 30-day notice of cancellation or material change in coverage. 2. Commercial General (Public) Liability to include coverage for: a) Premises/Operations b) Products/Completed Operations c) Independent Contractors d) Personal Injury e) Contractual Liability Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - $1,000,000 City to be listed as additional insured and provided 30-day notice of cancellation or material change in coverage. City shall be provided 30-day notice of cancellation or material change in coverage. 3. Business Auto Liability to include coverage for: a) Owned/Leased vehicles b) Non-owned vehicles c) Hired vehicles Combined Single Limit - $1,000,000 Certificate of Insurance forms may be sent to Purchasing Department. DocuSign Envelope ID: 2A62501F-ED30-4F0E-A829-D892D739DD8B ATTACHMENT D – WARRANTY WARRANTY Contractor shall warrant that all items or services shall conform to the proposed specifications and all warranties as stated in the most current NFPA 1851 and be free from all defects in material, workmanship and title. INDEMNIFICATION 12.1. The Contractor shall indemnify, defend, and hold the City, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind, including all expenses of litigation, court costs, and attorneys’ fees, for injury to or death of any person, or for damage to any property, arising from or caused by any act or omission of Proposer, its officers, employees, agents, or subcontractors, in performing its obligations under this contract. 12.2. The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City of Pearland, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Contractor’s work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor or any third party. 12.3. Provision to be applied if indemnity is determined void: If the foregoing indemnity provision is found void for any reason, and only in that case, then the parties agree that if any claim or suit for damages of any nature arising out of or occasioned by Contractor’s breach of any of the terms or provisions of this Contract or by any negligent act or omission of Contractor, its officers, agents, associates, employees or subcontractors, then Contractor will be obligated to pay for the legal defense of the City, its officers, agents and employees against such claim or suit (including the costs and expenses associated with that defense). It is additionally expressly agreed that any payment due as a result of any successful claim or lawsuit shall be paid by the party or parties found liable in the proportion of liability found against that party after the matter has been finally litigated or, alternatively, in the proportion agreed upon by the parties if the matter is settled. This provision does not waive any immunity or defense available to either party under Texas law. The provisions of this Paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. PATENTS/COPYRIGHTS The Contractor agrees to protect City of Pearland from claims involving infringements of patents and/or copyrights. DocuSign Envelope ID: 2A62501F-ED30-4F0E-A829-D892D739DD8B