354-RFB-27-16

REQUEST FOR BIDS

for

Fire Bailout Equipment

To be opened 2:30 PM (ET), Thursday, November 5, 2026

Pursuant to General Statutes of North Carolina, as amended, sealed bids, subject to the conditions and specifications herein, are invited for furnishing the following apparatus, supplies, materials, and equipment. All bids will be received by the Town of Cary Purchasing Division electronically until the date and time stated above, at which time the sealed bids will be publicly opened virtually and read.

BY: Ryan O’Dell, Procurement & Contracts Manager DATE: October 28, 2026

POSITIVELY NO BIDS CONSIDERED UNLESS SUBMITTED ON THIS DOCUMENT

Please provide pricing subtotals and grand total for the option (or options) you are submitting for evaluation.

ITEM Description Model # Quantity Item Price Subtotal

CMC LEVR Kit with Flash.G Escape Anchor, LEVR Descender, Fire Escape Web (50'), & South Metro Bag

500363T 210

CMC Fulcrum Escape Belt w/Fixed D- Ring & Sliding D-Ring – S/M

204012 53

CMC Fulcrum Escape Belt w/Fixed D- Ring & Sliding D-Ring – M/L

204014 144

CMC Fulcrum Escape Belt w/Fixed D- Ring & Sliding D-Ring – L/XL

204016 13

Shipping, Handling (or any other fees) - - -

GRAND TOTAL (ALL GOODS, SHIPPING,

& FEES)

ESTIMATED DATE ALL GOODS DELIVERED ________________________________

MINIMUM NUMBER OF YEARS REPAIR PARTS AND

SUPPORT OF THE UNIT WILL BE AVAILABLE (IF ANY)?

Do the products submitted for bid meet the exact specifications listed herein? ☐YES ☐NO

This company is a certified Historically Underutilized Business (HUB) by ☐YES ☐NO the North Carolina Department of Administration HUB Office.

COMPANY: _______________________________________________ DATE: ________________________

AUTHORIZED SIGNATURE: _________________________________ TITLE: _________________________

DATE: _______________

NOTICE TO BIDDERS: Do not include taxes in your bid proposal pricing. Any and all tax imposed upon any article on which you are bidding are only to be shown as separate line items on invoices, and in no case are taxes to be included with your bid price. Failure to comply with these conditions will be considered grounds for rejection.

In compliance with the above request for bids and subject to all the conditions thereof, the undersigned offers and agrees, if this bid be accepted within __________ days from the date of the opening, to furnish any or all of the items upon which prices are quoted at the price set opposite each item within___________ days after receipt of order, unless otherwise specified.

COMPANY:______________________________________ ADDRESS:______________________________________

TOWN: ______________________________________ STATE: ____________ ZIP CODE:______________________

AUTHORIZED SIGNATURE:__________________________________ TITLE:________________________________

NAME PRINTED OR TYPED: _______________________________________________________________________

CONTACT NAME (if different than above): _____________________________________________________________

TELEPHONE NO.: ___________________________ EMAIL: ______________________________________________

BIDDER’S CHECKLIST

Be aware of the virtual bid opening date and time as indicated on the first page of this proposal.

You must submit bids in electronic format via eVP. No hard copy bids will be accepted.

All signatures must be by a company officer or agent who is authorized to enter and sign bid documents.

Have you read and understood the “Terms and Conditions” and the “Instructions to Bidders” for submitting a bid to the Town?

Have you read and do you completely understand all the specifications of this bid proposal?

If an addendum to the specifications was issued, has it been returned with this bid proposal (indicating acceptance of the information contained within)? Failure to do so may result in your submittal being deemed unresponsive.

Have you enclosed statements explaining any exceptions made to the specifications? (If applicable)

Have you enclosed a memo identifying the manufacturer warranty of MATERIALS associated to this this bid?

INSTRUCTIONS TO BIDDERS

1. PURPOSE:

The purpose of this document is to provide general and specific information for the use by suppliers in submitting a bid to supply the Town of Cary with apparatus, supplies, material and equipment, and/or services listed above. All bids and contracts are governed by Town policy, and /or by Section 143-129 of the North Carolina General Statutes.

2. BID SCHEDULE:

Listed below are the dates and times by which stated actions must be taken or completed. The Town may determine, in its sole discretion, that it is necessary to change any of these dates and times. All listed times are Eastern standard times.

Action Time Date

Bid issued 4:00 PM October 28, 2026

Deadline for Questions 12:00 PM Monday, November 2, 2026

Bids Due 2:30 PM Thursday, November 5, 2026

Anticipated Award ---- Friday, November 6, 2026

3. BIDDER QUESTIONS:

The Town is not liable for interpretations/misinterpretations or other errors or omissions made by the Bidder in responding to this bid. The Bidder shall examine this bid to determine if the Town’s requirements and terms and conditions are clearly stated. If, after examination of the various requirements and terms and conditions of this bid, the Bidder believes there are any requirements or terms and conditions which remain unclear or which restrict competition, the Bidder may request, in writing, that the Town clarify the requirement(s) and terms(s) and condition(s) specified by the Bidder. The Bidder must provide the Section(s), Subsection(s), Paragraph(s), and page number(s) that identify the requirements or conditions questioned by the Bidder.

Requests for clarification, technical questions and approval of alternate products to this bid must be received by the Town no later than the date shown above in Section 2, entitled “Bid Schedule”, under Deadline for Questions. The Bidders’ failure to request clarification and submit questions by the date in the bid schedule above shall be considered to constitute the Bidders’ acceptance of all Town’s requirements and terms and conditions. The Town shall issue addenda reflecting questions and answers to this bid, if any, and shall be posted to the eVP website at North Carolina electronic Vendor Portal.

4. BID CONTACT:

Any and all questions, concerns, request for additional information, and alternate product considerations shall be directed to the Town of Cary, Procurement Division to the attention of the Manager of Purchasing & Contracts:

Ryan O'Dell

Ryan.O’Dell@carync.gov

5. HOW TO PREPARE BID PROPOSALS:

Bidders are encouraged to carefully review all provisions and attachments of this document prior to completion. Each bid constitutes an offer and may not be withdrawn except as provided herein. Also, prices are to remain firm for the period stated herein.

a) PROPOSAL FORM: Submit prices and offers on the BID PROPOSAL FORM(s) provided herein. All bid proposals must be submitted and signed by the supplier or their authorized representative with all erasures or corrections initialed and dated by the authorized representative of the proposal.

i. The bidder shall indicate an approximate delivery date for each line item detail listed on Attachment 1.

https://evp.nc.gov/ mailto:Ryan.O’Dell@carync.gov

ii. The bidder shall submit the subtotal of all goods on the bid proposal form and attach a quote with the line item details for each line listed on Attachment 1.

iii. The bidder shall submit the subtotal of all goods on the bid proposal form and attach a quote with the line item details for each line listed on Attachment 1.

b) SIGNATURE: All bids must be signed by an authorized official of the company on the

Bidders Signature Page. A bid may be rejected if it shows omissions, alterations of form, additions not called for, conditional bid, or any irregularities.

c) TAXES: Do not include taxes in your bid prices. Taxes must be itemized and added to invoices separately when invoicing the Town. The Town is required to pay sales tax. The Town is exempt from Federal Excise Tax and has a Federal Tax number.

d) MINORITY WOMEN BUSINESS ENTERPRISES (MWBE) POLICY: The Town invites and encourages participation in this procurement process by certified Minority and Women-Owned Business Enterprises (MWBE) in accordance with North Carolina General Statute 143-129.

e) SUSTAINABILITY: As stated in the 2017 Cary Community Plan, the Town has a commitment to promoting green practices that will promote an environmentally safe and desirable community for future generations. As such, we recognize our responsibility to minimize negative impacts on human health and the environment while supporting a diverse, equitable, and vibrant community and economy. The Town recognizes that the types of products and services the Town buys have inherent social, human health, environmental and economic impacts, and asks that all vendors and bidders providing and proposing products and services to the Town, be mindful of the Town’s commitment to sustainability and provide and propose products and services that embody this commitment whenever possible.

f) NONDISCRIMINATION POLICY: It is the policy of the Town of Cary to promote the fair treatment of all individuals and provide them freedom from discrimination. No member of a protected class shall be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under any program or activity administered by Cary, including programs or activities that are funded in whole or in part with State or Federal funds, such as Coronavirus State and Local Fiscal Recovery Funds.

6. HOW TO SUBMIT BID PROPOSALS:

a) Upload a complete set of your bid on the BID PROPOSAL FORM provided herein to the NC eVP website at North Carolina electronic Vendor Portal.

b) NO PHYSICAL, EMAIL OR FAX BIDS WILL BE ACCEPTED.

7. BID OPENING:

a) The bid opening shall be held virtually via Webex. The meeting is scheduled for 1:55 PM EST (5 minutes prior to the bid opening). If planning to attend, please join the meeting early in case you have trouble connecting.

b) All bidders are welcome to attend the bid opening virtually and can be accessed via the following credentials:

Meeting link:

354-RFB-27-16 Bid Opening

Meeting number:

https://evp.nc.gov/ https://carync.webex.com/carync/j.php?MTID=m2dc3e0fd9b812e848c3b7a660349547b https://carync.webex.com/carync/j.php?MTID=m2dc3e0fd9b812e848c3b7a660349547b

2342 508 9617

Password:

44HqacGgdi2

More ways to join

Join by video system

Dial 23425089617@carync.webex.com

You can also dial 173.243.2.68 and enter your meeting number.

Join by phone

+1-408-418-9388 United States Toll

Access code: 2342 508 9617

c) All bids will be opened and read at the time shown on the enclosed Bid Proposal Form. No official award will be made during the Bid Opening. LATE BIDS WILL NOT BE OPENED OR ACCEPTED.

d) Bidders may not review or request copies of bids at the Bid Opening. A request must be submitted to the purchasing supervisor via email.

e) If you have difficulty joining or trouble with sound contact Webex and provide them the Meeting number.

f) Bids will be examined by the Purchasing Supervisor and/or Bid Agent of the using department promptly after the opening and an award made as early as possible. No bids may be withdrawn after bid opening.

8. AWARD OF BID:

a) Standard of Bid Award Acceptance: The Town reserves the right to reject any or all bids and to waive any irregularities or technicalities in bids received whenever such rejection or waiver is in the best interest of the Town of Cary. The award shall be made to the lowest, responsive, responsible bidder, or bidders, taking into consideration quality, performance and the time specified in the bid for the performance of the contract.

i. Bids prices received will be viewed per option (a group of materials outlined in Attachment

1) total. The lowest price package that is received by a responsive, responsible bidder, as outlined by North Carolina State Statute, will be awarded the bid.

b) Bid Prices: All items and products proposed in response to this Bid are to be new, in un-used condition unless otherwise noted in the Minimum Specifications. All prices proposed in response to this Bid are to include all transport, freight, fuel surcharges and other fees if applicable and be delivered FOB destination, freight prepaid and allowed to the location provided on the Town Purchase Order if not otherwise instructed within the specifications section. All items are to be packaged, and shipped or delivered safely in a protective carton, fully assembled and serviced, ready for use and operation where applicable or otherwise described within the specifications. All supplies, equipment, and apparatus must meet all Federal, State, and Local safety regulations, requirements, and guidelines, such as OSHA, EPA, US DOT, NC-DOT, NFPA, UL, etc., if so regulated.

c) Order of Precedence: In cases of conflict between sections and provisions within the Bid document, the Order of Precedence will be 1) the Special Conditions section specific to the Bid (if present); 2) the Minimum Specifications section specific to the Bid, 3) the Town of Cary Terms and Conditions;

and 4) the Instructions to Bidders section of the Bid document.

d) Payment Terms: Payment terms of Net 30 days from the date of receipt of correct invoice, or upon acceptance of goods whichever is later, will apply to all invoices. Payment term discounts will be allowed for prompt payments but will not be a consideration for award. All invoices are to be emailed to or delivered to Town of Cary, Accounts Payable Division, PO Box 8049, Cary, NC 27512.

e) Bid Award Approval: The Town Manager has delegated authority from the Town Council to award bids for supplies, equipment, and apparatus greater than $90,000. Bids will be approved and awarded by the Town Manager or designee upon the recommendation by the Procurement Department.

9. OBJECTION TO THE SPECIFICATIONS:

It is not the intent of the bid specifications to exclude or limit competition or favor any supplier. If there is an objection to any of the specifications or requirements listed herein, the bidder must notify the Town of Cary Purchasing Supervisor, in writing, stating and listing the specifications and objections, no later than five (5) working days prior to the bid opening date. If a pre-bid meeting has been scheduled, any objections must be presented in writing at that time. The objections stated must pertain both to form and substance of the bid document. Failure to object in accordance with the above procedure shall constitute a waiver on the part of the bidder to protest the solicitation. All concerns, questions, clarifications, or other correspondence must be directed only to the Town of Cary Assistant Manager of Purchasing & Contracts. Information obtained from other sources will not be considered in the evaluation and award of this bid.

10. ERRORS IN BIDS:

Bidders or their authorized representatives are expected to understand the conditions, requirements and specifications before submitting bids. Failure to do so will be at the bidders’ own risk. In case of an error in the extension of prices on the bid, the unit price shall govern.

11. BID OPTIONS:

The Town reserves the right to request pricing on optional equipment or additional items along with the pricing for the main or primary product or items when applicable. At the discretion of the Town, some or all the options requested may or may not be added and purchased based upon necessity and the availability of budgeted funds. The Bid Award will be made to the lowest, responsive, responsible bidder for the main or primary product or items listed on the Bid Proposal Form. Pricing for any additional options will be requested in a separate section of the bid and will not be included in the determination of the Bid Award.

12. QUANTITIES:

The Town of Cary reserves the right to adjust quantities as needed, and to add additional items and/or products as needed, as determined to be in the best interest of the Town. The quantities stated herein, for term or multi-year contracts are estimated, and may change to be more or less over the term of the contract.

13. PRICE ADJUSTMENTS:

For Bids with fixed price contract periods, it is the Town’s intent to contract at a fixed price for a period of one (1) year, with an option to extend the contract for three (3) additional one (1) year periods. The price proposed by the Bidder is to remain fixed for the first sixty (60) day period of the contract. Prices for additional extension term periods may be subject to a price increase or decrease if the price adjustment mirrors and reflects a previous industry wide adjustment for the product or item(s) specified in the Bid.

Any price increase or decrease will be adjusted to the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Dept. of Labor, or other appropriate agreed upon price index. The amount of the increase or decrease will be determined by the difference between the latest price index available ninety (90) days prior to the end of the current contract year in effect, and the price index for the same month one year prior.

Any requested price increase must be fully documented and submitted to the Procurement Department at least sixty (60) days prior to the Bid contract anniversary date. Any approved price adjustment (increase or decrease) will then become effective upon the anniversary date of the contract at the start of the next term period.

The Town reserves the right to accept or to refuse any documented price adjustment submitted by the vendor/contractor for any reason as determined to be in the best interest of the Town. In the event the Town does not accept the proposed price adjustment for the extended term, the Bid contract will not be renewed, and the Town will rebid the product or item(s). Any Bid contract extension is subject to the continuation of need and usage by the Town and the appropriation of funds.

14. CONTRACT EXTENSIONS:

The Town reserves the right to extend all bid contracts for up to for three (3) additional one (1) year periods from the date of the award of the original bid, if agreed upon in writing by the contracted vendor. The contract extension(s) may be for additional quantities or for an additional time period as agreed.

15. TRADE SECRETS:

This Bid document and all Bidders’ responses and proposals received are considered public information, except for trade secrets specifically identified in writing by the Bidder, which will be handled according to State Statute or other laws. Any section of the bidder’s response package that is deemed to be a trade secret by the bidder shall be submitted in an envelope clearly marked “TRADE SECRET INFORMATION- DO NOT DISCLOSE.” The Town shall make a good faith effort to protect such confidential information.

16. BID TABULATIONS:

Bidders wishing to obtain a bid tabulation prior to the award of the bid may view and download tabulations from the North Carolina electronic Vendor Portal (eVP) website at eVP. Tabulations should be posted within 48 hours (two workdays) after the public bid opening. From the Town’s homepage, select the following in order to view bid tabulations: Business and Development, Bids and Proposals, select the link to the North Carolina Interactive Purchasing System, Search Bid Number, enter the desired bid number, and select Search. Bid tabulations only reflect the bids as read at the time of the bid opening and should not be considered an award. It is the Town’s policy to furnish bid tabulations to all bidders.

17. INVOICING:

For prompt payment all invoices must include an accurate Purchase Order Number. Please submit invoices via email to the contract agent identified at award. Invoices not submitted following these instructions will result in delayed payment.

18. TERMS AND CONDITIONS:

Acceptance of the Town’s Purchase Order includes acceptance of all applicable Terms and Conditions.

The Town’s Purchase Order Terms & Conditions are provided below for your information.

https://evp.nc.gov/

TOWN OF CARY

PURCHASE ORDER TERMS AND CONDITIONS

By acceptance of the Purchase Order to which these terms are attached (“Purchase Order”), the vendor or Seller, (“Seller”), declares that the goods or services (“Goods and/or Services”) Seller is to provide pursuant to the Purchase Order shall be provided according to the following terms and conditions:

1. Purchase Order Number: The purchase order number must appear on all invoices, packing slips, correspondence, and bills of lading. Cary shall not be responsible for Goods and/or Services provided without a purchase order.

2. Invoices: Each purchase order shall be invoiced separately. Invoices for partial shipments will be accepted and final invoices shall indicate completion of order. The Purchase Order Number shall be referenced on all invoices.

3. Sales Tax: Cary’s purchase orders do not show North Carolina (NC) sales tax; however, Cary is not tax exempt and does pay NC sales tax. NC sales tax must be listed separately on the invoice. Cary does not pay Federal Excise Tax.

4. Risk of Loss: The risk of loss and damage to Goods which are the subject of this order shall remain with the Seller until Goods are delivered to the destination set out in the order and accepted by Cary.

5. Quantity: The specific quantity ordered must be delivered in full and will not be changed without Cary’s consent. Any unauthorized quantity is subject to rejection and return at Seller's expense.

6. Freight And Packaging: Price quotations shall include freight, transportation, shipping, handling and similar charges. Collect freight shipments shall be refused. Seller shall absorb any increase in rates becoming effective after the date of Purchase Order. Seller agrees to assume and pay all extra expense occurring on account of improper packaging.

7. Failure to Deliver. If Seller fails to provide Goods and/or perform Services as and when specified, Cary reserves the right to cancel the order, or any part thereof, without prejudice to its other rights, and Cary may return part or all of any shipment so made and may charge Seller with any loss or expense sustained as a result of such failure to provide.

8. Cash Discounts: All cash discounts shall be effective from the date of actual receipt of a correct and approved invoice by Cary.

9. Responsibilities of Seller. Seller represents and warrants that it is fully qualified, skilled, and capable of providing the Goods and/or Services in a fully competent, professional, and timely manner; shall provide Goods and/or Services in accordance with industry standards; shall use best efforts and exercise reasonable care and diligence in providing Goods and/or Services and shall act in the best interest of Cary; perform other actions required to remain in good standing with the North Carolina Secretary of State; and possesses all necessary qualifications, licenses, and certifications. Seller shall be responsible for all errors, omissions, or mistakes in providing Goods and/or Services and shall correct at no additional cost to Cary any and all errors, omissions, or mistakes.

10. Insurance: If Seller is to provide Services of any kind pursuant to Purchase Order, Seller shall maintain at its own expense: (a) Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury, property damage, and personal advertising and injury; Cary shall be named as additional insured, and a waiver of subrogation shall be included. (b) Professional Liability insurance in an amount not less than $1,000,000 per claim - if providing professional services; (c) Workers Compensation Insurance as required by the general statutes of the State of North Carolina or as required per state law and Employer's Liability Insurance not less than $500,000 each accident for bodily injury by accident, $500,000 each employee for bodily injury by disease, and $500,000 policy limit. A waiver of subrogation shall be included; (d) Commercial Automobile Insurance applicable to bodily injury and property damage, covering all owned, non-owned, and hired vehicles, in an amount not less than $1,000,000 combined single limit as applicable. Cary shall be named as additional insured, and a waiver of subrogation shall be included; (e) Umbrella/Excess Liability Insurance in an amount not less than $1,000,000 per occurrence and $1,000,000 in the aggregate. Cary shall be named as additional insured, and a waiver of subrogation shall be included, or the policy shall state it is follow form. Certificates of Insurance shall be furnished prior to the commencement of Services.

11. State and Federal Funds. Seller shall work in good faith with Cary to meet requirements imposed by the federal or state government or other funding entity if grants are used to fund any portion of a purchase order. If the source of funds is Federal funds, the following Federal provisions apply pursuant to 2 C.F.R.

§ 200.326 and 2 C.F.R. Part 200, Appendix II (as applicable), unless a more stringent State or local law or regulation is applicable: Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141-3148); Copeland “Anti-Kickback” Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708); Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31 U.S.C. 1352); Procurement of Recovered Materials (2 C.F.R. § 200.322); Record Retention Requirements (2 CFR § 200.324); Prohibition on Certain Telecommunications and Video Surveillance Goods and/or Services or Equipment (2 C.F.R § 200.216);

Domestic Preferences for Procurements (2 C.F.R § 200.323); Employment Eligibility Verification (FAR 52.222-54); and Whistleblower protections (41 U.S.C. 265 and 10 U.S.C. 2408). Seller further represents that, prior to accepting any purchase order that is funded by Federal funds, Seller:

a. Is not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal Government agency and not included in the Excluded Parties List System;

b. Has not, within the preceding three-years, been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

c. Is not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property.

12. Indemnification.

a. Indemnification; General. To the fullest extent permitted by applicable laws and regulations, Seller shall indemnify, protect, defend, and hold harmless Cary, its elected officials, officers, employees, agents, and volunteers (collectively, “Cary Indemnitees”) from and against any and all claims, costs, civil penalties, fines, losses, liabilities, injuries (including death), demands, damages (including but not limited to all professionals’ fees and charges and all court or other dispute resolution costs), actions, causes of action, suits, proceedings, judgments, and expenses, including reasonable attorneys’ fees, court costs, and other legal expenses and including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency, or similar proceeding and other legal expenses (collectively and separately, “Claims”) by whomsoever brought or alleged, arising out of, resulting from, or in connection with:

i. The provision of Goods and/or Services by Seller;

ii. Any breach or violation by Seller of any applicable law or regulation; or

b. Indemnification; Intellectual Property. Seller shall indemnify, protect, defend, and hold harmless Cary Indemnitees from and against any and all Claims arising out of, related to, or resulting from any claim, action or proceeding by a third party alleging that any deliverables or work product created or reduced to practice by or on behalf of Seller in connection with providing the Goods and/or Services, or any use of such deliverables or work product, infringes or misappropriates or otherwise violates any intellectual property right (including, without limitation, any patent, copyright, trademark, or trade secret) or other proprietary right of any third party.

13. No Consequential or Indirect Damages. Except for Seller’s indemnification obligations hereunder or any liability arising out of Seller’s negligence, willful misconduct, violation of law, or infringement or misappropriation of intellectual property rights, in no event shall either Party be liable to the other for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost revenues or diminution in value, arising out of, relating to, or in connection with Seller’s provision of Goods and/or Services, regardless of whether such damages were foreseeable, whether said Party was advised of the possibility of such damages, and the legal or equitable theory upon which the claim is based.

14. Public Records and Dissemination of Information. Seller acknowledges that records in the custody of Cary are public records and subject to public records requests. Cary may provide copies of such records, including copyrighted records, in response to public record requests.

Seller shall not publicly disseminate any information concerning the provision of Goods and/or Services to Cary without prior written approval from Cary. Any approval given by Cary may be given with certain stipulations, such as Cary participation in the creation of the public product or Cary review and the option to refuse public release of the final product(s) should such product(s) fail to meet Cary’s standards and goals. Publicly disseminate means, but is not limited to, electronic, video, audio, photographic, or hard copy materials serving as, in whole or part, advertising, social media posts, sales promotion, professional papers or presentations, news releases, articles, or other media products, and/or Seller’s business collateral pieces. Notwithstanding the foregoing, with Cary’s written consent, Seller may list Cary as a reference in response to requests for proposal and may identify Cary as a customer in presentations to potential customers. Any permitted use of Cary’s trademarked materials (including, without limitation, Cary’s logo in its various forms) must be in compliance with the guidelines outlined at https://brand.carync.gov/.

15. Documents and Deliverables. If Seller’s provision of Goods and/or Services results in the creation of drawings, specifications, plans, surveys, reports, technical memoranda, testing protocol, designs, electronic databases, written materials, work papers, manuals, and other documents or instruments identified as ‘Deliverables’ herein or which, by their nature, are to be owned by Cary, Cary shall be granted, at no additional cost, ownership of all such Deliverables. Cary is and will be the sole and exclusive owner of all right, title, and interest in and to all Deliverables and associated work product, including all Intellectual Property Rights therein. Seller acknowledges and agrees that any and all work product that may qualify as "work made for hire" as defined in the Copyright Act of 1976 (17 U.S.C. §

101) is hereby deemed "work made for hire" for Cary and all copyrights therein shall automatically and immediately vest in Cary. In the event Seller creates Deliverables or work product that requires a license, Seller will convey with the ownership of Deliverables or work product, a perpetual license required for the operation of the Deliverables or work product.

Seller shall provide all Documents and Deliverables in electronic form to the Cary in read-only MS- Windows compatible format (including either screen readable .pdf or HTML formats). In addition, all drawings shall be CAD generated and shall be provided on electronic media downloadable onto an AutoCAD based system. All Deliverables (draft and final) intended for presentation on Cary’s website must be provided in a manner and format compatible, consistent, and in compliance with the U.S.

Department of Justice’s current accessibility requirements applicable to local government websites and all Cary technology standards, including but not limited to such material must be provided in screen readable PDF or HTML versions, be screen-reader friendly and contain alternate text tags of no more than 34 characters. In the event that Seller notices any errors in electronic data provided to the Cary under this Agreement, Seller shall immediately notify Cary, and if Seller provided such electronic data, Seller shall immediately replace same with correct versions thereof.

16. Independent Seller. Seller is acting as an independent Seller, and not as an employee, partner, or agent of Cary. Seller has no authority to commit, act for or on behalf of Cary, or to bind Cary to any obligation or liability. Seller shall not be eligible for and shall not receive any employee benefits from Cary and shall be solely responsible for the payment of all taxes, FICA, federal and state unemployment insurance contributions, state disability premiums, and all similar taxes and fees relating to the provision of Goods and/or Services by Seller.

17. Nondiscrimination. To the extent permitted by law, neither Party, their officers, employees, Sellers, agents, successors, or permitted assigns shall discriminate against any member of a protected class as defined by Federal, State, or local law, including Wake County Code of Ordinances Section 34.01.

18. Compliance with Applicable Law; Conduct. In providing Goods and/or Services, Seller and its officers, employees, agents, and subSellers shall comply fully with all applicable Federal and State laws and regulations, including but not limited to Article 2, Chapter 64, of the North Carolina General Statutes regarding verification of work authorization; and laws related to gifts and favors, conflicts of interest and the like, including N.C.G.S. §§ 14-234, 133-1, and 133-32.

Seller's officers, employees, agents, and subSellers who come onto Cary property to provide Goods and/or Services shall comply with the same health and safety requirements that Cary has implemented for its employees through ordinance, policy, procedure, directive of the Cary Manager, or other means, as may be amended or enacted from time to time.

19. No Waiver of Immunity. Nothing in these terms shall be construed to mandate purchase of insurance by Cary pursuant to N.C.G.S. § 160A-485 or to in any way waive Cary's defense of governmental immunity from any cause of action alleged or brought against any Party for any reason if otherwise available as a matter of law.

20. Severability. If any provision of these terms are held as a matter of law to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the terms shall remain enforceable, and such invalid or unenforceable provision shall be enforced by such court to the maximum possible extent, provided that both Cary and Seller preserve the substantial benefits of the terms.

21. Survival. All representations, indemnifications, and other terms and conditions of these terms which by their nature should survive the completion of the provision of Goods and/or Services by Seller shall survive completion of the provision of Goods and/or Services by Seller.

22. Jurisdiction. These terms shall be governed by the substantive provisions of North Carolina law without regard to conflict of laws provisions. The Parties agree that any legal action or proceeding with respect to the provision of Goods and/or Services by Seller shall be brought exclusively in the State courts of Wake County, North Carolina.

23. Performance of Government Functions. Nothing contained herein shall be deemed or construed so as to restrict or inhibit Cary’s police powers or regulatory authority.

MINIMUM SPECIFICATIONS

1. GENERAL:

The purpose of this specification is to establish contracted pricing for the periodic purchase of fire bailout equipment (MATERIAL) outlined on the cover page. Additional information is available as Attachment 1 of this bid. The quantities listed on this bid are our approximate need for our first order.

2. MATERIAL SPECIFICATION

The CONTRACTOR shall supply the exact MATERIAL identified in this request for bid.

3. PRODUCT DELIVERY

The CONTRACTOR shall identify the expected delivery timeline on the bid submittal (page 1). While shipping the entire initial order complete is not require, it is preferred.

4. DELIVERY REQUIREMENTS

All materials shall be delivered to Include address for Fire Admin

5. PRODUCT INSPECTION

a. If MATERIAL is received by The TOWN in damaged condition the CONTRACTOR shall replace the item at no additional cost to the TOWN.

6. WARRANTY

a. The CONTRACTOR shall guarantee the product specifications throughout the period of the contract.

b. The CONTRACTOR shall supply documentation outlining any applicable Manufacturer Warranty information (if available).

7. BID SPECIFICATION COMPLETION INSTRUCTIONS:

All text fields or blanks must be responded to in the returned bid submittal form (page 1). Failure to complete this information will indicate a non-responsive bid.

8. MEETS OR EXCEEDS SPECIFICATIONS:

Please check the appropriate “YES” or “NO” box on the bid submittal form, indicating that the items being bid does meet or does not meet the specification as written. Checking the “NO” field indicates that the bidder does not meet the specification as requested and is taking an exception. All exceptions must be explained in detail as per below.

9. EXCEPTIONS TAKEN TO SPECIFICATIONS:

Any exceptions to the original bid specifications must be submitted in writing during the question and answer period and will be approved or denied via addendum. Bidders must note clearly any and all approved exceptions taken to the specifications as an attachment within their submitted bid. The specifications were not written to intentionally eliminate any one bidder. Bidders must note differences as an “Exception” and attach detail information explaining how the exception is “equal to” or “exceeds” the intent of the specification.

All exceptions and items submitted as an equal will be evaluated. The Town reserves the right to reject any and all bids and to waive any irregularities or technicalities in bids received whenever such rejection or waiver is in the best interest of the Town of Cary. All Exceptions taken to the specifications must be indicated by checking the “NO” field on the bid submittal form (page 1) and be explained individually in detail on an attached sheet and submitted with your bid. If there is an objection to any of the specifications or requirements listed herein, the bidder must notify the Town of Cary Purchasing Supervisor, in writing, stating and listing the specifications and objections, no later than five (5) working days prior to the bid opening (as per Page 5 – Sec. 9- “Instructions to Bidders”).

ATTACHMENT 1

DATA SHEETS

(805) 562-9120 | (800) 235-5741 cmcpro.com | info@cmcpro.com

Versatile, reliable, and ready for the fireground. The Fulcrum combines fire-resistant Kevlar® web with easy-to-use steel hardware in a low-profile, NFPA-rated Escape Belt. With its clean, modern design, the Fulcrum leaves the user unencumbered and stays out of the way until needed.

Lighter and more comfortable than past models, the Fulcrum is made from 1.75-inch black Kevlar web that feeds smoothly through corrosion-resistant steel buckles. It is easy to adjust and holds its fit during use. A Web Keeper™ secures excess tail and prevents slippage. Refined belt construction eliminates stiff points in the web and prevents twists, folds, and snags in the adjuster buckle. The bartack stitch pattern provides a superior look and feel, and contrasting thread color aids in wear inspection.

The Fulcrum can be quickly donned through turnout belt loops or around jackets. A steel snap-hook closure system is fast, secure, and easy to use with gloved hands.

Symmetrical components allow the Fulcrum to be flipped for right or left hand opening/closing and adjustment.

The Fulcrum is available with two different sets of D-Ring attachment points. The Sliding D model is ideal for connecting a personal escape system such as the LEVR Escape System. This D-Ring is held to the side by a Velcro keeper where it can remain tethered to the escape system. When the system is deployed, the Sliding D releases from its keeper and moves to the central point on the body to facilitate descent. The Fixed D / Sliding D model increases belt versatility and functionality. Adding the Fixed D-Ring provides a rated, load-bearing attachment point for connecting technical equipment and performing rescue operations.

FEATURES

• Sliding D-Ring supports attachment to escape systems like the LEVR Escape

System

• Velcro keeper holds Sliding D flush to the side until weighted and pulled to center

• Fixed D-Ring option adds a versatile, rated, load-bearing attachment point

• Snap-hook closure is fast, secure, and easy to operate with gloved hands

• Symmetrical design allows belt to be flipped for right or left hand use

• Black Kevlar web is heat and flame resistant, low profile, and lightweight

• Triple bartack construction reduces wide stiff points for enhanced comfort

• Quickly donned through belt loops or over jacket, wide size range

• Web Keeper secures tail and works with adjuster buckle to maintain fit

• Streamlined components prevent web from twisting, folding, or snagging

• Contrasting natural color Kevlar thread aids in wear inspection

• Corrosion-resistant, durable steel hardware is built to last

Item # Option Attachment Points NFPA Rating Color Materials Waist Size Weight

204002 Sliding D SM/MD Sliding D-Ring Escape Belt Black/Silver Kevlar/Steel 66 - 97 cm (26 - 38 in) 0.46 kg (1.02 lb)

204004 Sliding D MD/LG Sliding D-Ring Escape Belt Black/Silver Kevlar/Steel 86 - 117 cm (34 - 46 in) 0.48 kg (1.06 lb)

204006 Sliding D LG/XL Sliding D-Ring Escape Belt Black/Silver Kevlar/Steel 107 - 152 cm (42 - 60 in) 0.50 kg (1.11 lb)

204012 Fixed D, Sliding D SM/MD Fixed D-Ring, Sliding D-Ring Escape Belt Black/Silver Kevlar/Steel 66 - 97 cm (26 - 38 in) 0.56 kg (1.24 lb)

204014 Fixed D, Sliding D MD/LG Fixed D-Ring, Sliding D-Ring Escape Belt Black/Silver Kevlar/Steel 86 - 117 cm (34 - 46 in) 0.58 kg (1.28 lb)

204016 Fixed D, Sliding D LG/XL Fixed D-Ring, Sliding D-Ring Escape Belt Black/Silver Kevlar/Steel 107 - 152 cm (42 - 60 in) 0.60 kg (1.32 lb)

FULCRUM ESCAPE™ BELT

Sliding D-Ring

Fixed D-Ring & Sliding D-Ring

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ATTACHMENT 1 - DATA SHEETS

COMPACT. RELIABLE. ADVANCED.

Created for advanced users, the LEVR BT Escape System allows firefighters to lower a victim before bailing out themselves. This system integrates components that are designed for both partner rescue and personal escape. Highlights include the BT Bag for accessing both ends of the escape line, a captive eye carabiner for connecting to the victim, a rapid deployment tether, the LEVR Descender reeved with Fire Escape Web™, and the Flash.G™ for superior lowering and anchoring.

The Flash.G is classified to NFPA standards as an Emergency Escape Anchor and Escape Descent Control Device (DCD). With three quick passes through its gate, the Flash.G functions as an emergency escape DCD for lowering a victim. Once the line is unweighted and wraps cleared, the Flash.G can be anchored and used for personal escape. The firefighter can then bailout using CMC’s patented LEVR Descender for easy horizontal payout, reliable edge transition, and progressive descent control.

FEATURES

• Gives advanced users the option of lowering a victim before bailing out

• Flash.G is strong, low-profile, and dual-classified as escape anchor and escape DCD

• LEVR Descender provides reliable edge transition, easy horizontal payout, reduced impact force on the anchor, auto-locking hands-free exit, progressive descent control, and glove-friendly operation

• BT Bag integrates with turnout gear and allows quick access to both ends of the system, includes velcro closures for stowing components and arashield panel for tip protection

• Auto-locking captive eye carabiner is sewn to the tail for strong, rapid connection to a victim

• Fire Escape Web (50 ft) is 100% Technora® for strength, durability, heat resistance, and dramatically reduced volume

• Rapid deployment tether is heat resistant, retroflective, and easy to grasp

• Personal tether and auto-locking ProTech™ carabiner keep system attached for immediate use

Item # Option Color Dimenions 3-SIGMA MBS Weight

500363T LEVR BT Escape System - Flash.G Red/Black 23 X 8 X 18 cm (9 X 3 X 7 in) 13.5 kN (3,034 lbf) 1.36 kg (2.99 lb)

LEVR Descender

LEVR™ BT ESCAPE SYSTEM

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CLASSIFIED TO NFPA 2500

ESCAPE SYSTEM

LEVR™ BT ESCAPE SYSTEM

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APPLICATIONS

PERSONAL ESCAPEPARTNER RESCUE

COMPONENTS

• Flash.G Escape Anchor classified to NFPA standards as

Emergency Escape Anchor and Escape Descent Control Device

• LEVR Descender reeved with 15.2 m (50 ft) of 11 mm Fire Escape Web™ (UL Classified to NFPA 1983 – FR Escape Web)

• BT Deployment Bag for quick access to both ends of the system and easy integration with turnout gear

• Reflective Deployment Pull Tether for rapid extraction of the system, removable if not desired

• Personal tether and auto-locking ProTech™ carabiner for remaining attached to the system

• Auto-locking captive eye carabiner sewn to the tail end for connecting to the victim

CLASSIFIED TO NFPA 2500

ESCAPE SYSTEM