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Home My Public Portal About049-2016 - Fire - Pro Air Midwest - Breathing Apparatus - Fill StationAGREEMENT THIS AGREEMENT made and entered into this �� day of 100 , 2016, and referred to as Contract No. 49-2016, by and between the City of chmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Pro Air Midwest (a Division of Koorsen Fire & Security, Inc.) 4710 W. Vernal Pike, Bloomington, Indiana, 47403 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to furnish and install a self-contained breathing apparatus ("SCBA") fill station for the Richmond Fire Department, Station No. 1 (the "Project"). Requests for Quotes were made April 13, 2016. Responses to said request are on file in the office of the Richmond Fire Department. The response of Contractor dated April 22, 2016, to said request is attached hereto as "Exhibit A" which response consists of ten (10) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2); and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. Contract No. 49-2016 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor a total amount not to exceed Thirty-four Thousand Eight Hundred Dollars and Zero Cents ($34,800.00) for complete and satisfactory performance of this Agreement. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until satisfactory completion of the Project. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Page 2 of 6 Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise -out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter Page 3 of 6 directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION VIII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. Page 4 of 6 SECTION IX. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5- 22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION X. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI. MISCELLANEOUS This Agreement is personal to the parties hereto and neither parry may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other parry, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. Page 5 of 6 In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By: GEC. BLci Vicki Robinson, President Richard Foore, Member Date: f—l?W APPROVED: 1 Sno , ayor Date: 75—'Z0 -- ( Co "CONTRACTOR" PRO AIR MIDWEST 4710 W. Vernal Pike Bloomington, IN 47404 By: q��ta Printed: // � �A� �D OG(14 I Title: L Date: 47-3 %/� Page 6 of 6 CITY OF RICHMOND 50 North Fifth Street �DIANP Richmond, Indiana 47374 (765) 983-7200 DA April 13, 2016 QUANTITY PRICE REQUEST THIS IS NOT AN ORDER -] VENDOR INSTRUCTIONS This is a request for a price or quote for the services or materials described below. Any additional specifications may be attached hereto. This is not an order and the City reserves the right to accept all or part, or decline the entire proposal. Please complete your full name, address, and phone number below with signature; itemize all prices and charges where requested; and attach explanation for any substitution to specifications altered. Please return in care of Purchasing to the address above by the specified date and time to be considered unless otherwise specified. REPLY MUST BE IN DELIVERY REQUIRED _April 22 2016 by 12:00 noon I DELIVERED CATALOG NO. DESCRIPTION SCBA Fill Station - Richmond Fire Department (See attached) A current certificate of insurance must be included with your bid naming the City of Richmond as the certificate holder. Bids must be enclosed in a sealed enve- lope with the project name on the out- side. PRICE REQUEST VICKI ROBINSON PURCHASING DIRECTOR State Tax Exemption No. 003121909-001 PAYMENT TERMS UNIT PRICE I TOTAL NAME OF FIRM QUOTING a / ro BY g'�/r4✓ AUTHORIZED BY DATE ' TITLE - Phone No. �' " e7 F:) A A Division of Koorsen Fire 6 Security NUN kw§mg@ mma1mg ZWQ * 4710 W Vernal Pike BLOOMINGTON, IN 47403 1-800-245-0269 1-812-336-4022 FAX 812-336-8985 QUOTATION To: Richmond FD From: Bryan Goodall Date: April20, 2016 Attn: Chief Jerry Purcell Below is the proposal you have requested: I-Mako BAM06HI 14cfm 6000psi Compressor $23,500.00 1-CMM CO/Moisture Monitor $3,800.00 ✓ 5t�.sTS �_ "� 1-Mako SCFS2-4HP Fill Station $7500.00 CO ! On- Fills Two SCBA Cylinders at a TimeL� . 1 � Optional Three Position Fill Station: I-Mako SCFS3-4HP Fill Station $8,600.00 Freight and Installation Included Price good for 90 days If you have any questions or need further assistance please do not hesitate to call me directly at 1-800-245-0269. Sincerely, ��Gr�P oodall beoodall(a,Droainnidwest:bom 812-322-0547 cell ,�XHl6ii � PAGE �OF� Exemptions: Specs: An automatic storage bypass system A manual control valve and pressure gauge for each position and previsions for factory Or field modification to allow a different fill Pressure at each fill position ko: Manual storage bypass Each fill position inside the cabinet has it's own valve with one fill valve and gauge on the control panel. Each position inside the fill Cabinet must be filled to the Same pressure. Cannot fill Different SCBA pressures at The same time EXHIBIT !�- PAGE QF O Please include the following information with your bid: 1) Cost of system (based on the above specifications); 2) Earliest date available to begin project after purchase order is issued; 3) Length of time to complete project; 4) Warranty information; 5) Current Certificate of Insurance per the attached requirements. Also, the City of Richmond should be named as the certificate holder. If you have any questions, please send an email to the following: Chief Jerry Purcell, ipurcell@richmondindiana.gov or Vicki Robinson, Purchasing Director, vrobinson@richmondindiana.gov. <; 4, r-� Signature {D 1 r OA �W<r� 7 Company Phone Number 4 we-wv-- / / / Contact Person Date EXHIEITQ, PAGE QP a ' Fe^ 6 The BAM is a high quality breathing air package combining high capacity filling with low sound levels and a flexible modular design. STANDARD FEATURES • MAKO's MK2C purification system [models BAM04—BAM06(H)1 • MAKO's MK5C purification system [models BAM07(H)—BAM09(H)] • MAKO's industrial -duty 3- or 4-stage compressor block • NEMA design ODP 1.15 SF electric motor • Fully enclosed, sound attenuating enclosure with heavy-duty powder - coated finish • Hinged and removable panels allow quick access to routine maintenance items • Auto -drain with muffler/reservoir system for collection of condensate • Compact design, with small overall footprint • Anti -vibration mounts • UL Listed, NEMA 4 Electrical Enclosure • Fully automatic control system PAGE -1 OFF • Instrumentation and controls » PLC controller » Illuminated on/off push buttons » Emergency stop button » Inter -stage and final -stage pressure gauges » Individual shutdown indicators for High Air Temperature, High Air Pressure, and Low Oil Level/ Pressure OPTIONAL EQUIPMENT • MK5C or MK10C purification [models BAM04—BAM06(H)1 • MK10C purification [models BAM07(H)—BAM09(H)) • Integrated or wall -mounted CO & Moisture (CMM) Monitor • Shutdown audible alarm • Dual pressure switch TECHNICAL DATA BAM04 350 5000 BAM05 350 5000 BAM06 350 5000 BAM07 350 5000 BAM08 350 5000 BAM09 350 5000 BAM06X 414 6000 BAM06H 414 6000 BAM07H 414 6000 BAM08H 414 6D00 BAM09H 414 6000 DIMENSIONS (A x B x C) S 1D4-BAMD7(H1 '-`�' fir:= A 6 A 6 3 9.9 165 5.8 1300 4 5 461 1017 69 3 14.6 243 8.6 1300 5.5 7.5 471 1039 70 4 22.3 372 13.1 1340 7.5 10 526 1160 72 4 31.8 530 18.7 1800 11 15 541 1193 74 4 43 717 25.3 1530 15 20 576 1270 76 4 52 867 30.6 1800 18.5 25 592 1305 78 4 16.7 278 10.2 1100 5.5 7.5 485 1070 72 4 23.8 397 14 1340 7.5 10 526 116C 72 4 35.2 587 20.7 1800 11 15 541 1193 74 4 45.9 765 27 1530 15 20 576 1270 76 4 56.4 940 33.2 1800 18.5 25 592 1305 78 311/4 x 42 x 651/4 794 x 1067 x 1673 3114 x 50 x 651/4 794 x 1255 x 1673 PAGE 14 Fill Stations The ultimate in safe and convenient filling Our enclosed steel chamber fill -stations are proven to protect against and contain the full impact of a catastrophic cylinder, valve or hose failure (NFPA 1901 compliant). in addition, the loading heights are ergonomically designed to reduce operator fatigue. Standard Construction — double walled construction, single-action door latch, gas strut assisted carriage assembly, easy access panels for maintenance, and automatic safety interlock mechanism. Stationary SCFS STANDARD FEATURES • 2 or 3 positions • SCBA (SCFS) or SCUBA (SSCFS) compatibility • 0-6000 psi "push action" regulator • 3-Bank cascade control system allowing for simultaneous storage and cylinder filling • Fill panel with easy to read silk screen overlay • Inlet / outlet gauges • Fill control valve and gauge • Color -zoned gauges • Auxiliary outlet • Fill whips with fill adapters • Air storage bypass OPTIONAL EQUIPMENT • 2-4 Bank automatic cascading control • Pressure selector valve • Fire to SCUBA adapters Stationary Dual -Pack HDCFS STANDARD FEATURES • 2 or 3 positions • SCBA (SCFS) or SCUBA (SSCFS) compatibility • 0-6000 psi "push action" regulator • 3-Bank cascade control system allowing for simultaneous storage and cylinder filling • Fill panel with easy to read overlay • Inlet / outlet gauges • Fill control valve and gauge • Auxiliary outlet • Fill whips with fill adapters • Air storage bypass OPTIONAL EQUIPMENT • 2-4 Bank automatic cascading control • Pressure selector valve • Fire to SCUBA adapters Mobile MCFS STANDARD FEATURES • 1, 2, or 3 positions • SCBA (MCFS] or SCUBA iMSCFS) compatibility • Single or dual pressure • Fill whips with fill adapters OPTIONAL EQUIPMENT • Fire to SCUBA adapters • 6" Stand Oxygen CFS STANDARD FEATURES • 1 or 2 positions • Fill whips with fill adapters (approved for oxygen use) • Fill whip line vatve(s) -rv;T PAGE OF�O 3 15 STATIONARY (SCFS) 66 x 291/z x 231/z 1677 x 750 x 597 1010 458.13 SSCFS2 68 x 31 x 24 1726 x 787 x 610 1077 488.52 SCFS3 66 x 381/z x 231/2 1677 x 978 x 597 7480 671.32 SSCFS3 671/2 x 41 x 28 1715 x 1042 x 712 1690 766.57 DUAL PACK STATIONARY (HDCFS) nuts-3[ 67'/4 x 323/4 x 261/2 1721 x 832 x 673 1650 748.43 HDCFS3 673/4 x 423/4 x 261/2 1721 x 1086 x 673 2200 997.90 MOBILE (MCFS) IVII.rJ I MCFS2 MSCFS2 MCFS3 MSCFS3 OXYGEN ICFS-OXY) JdV2 x 2U1/2 x 231/2 978 x 521 x 597 362 381/2 x 291/2 x 231/2 978 x 750 x 597 723 401/4 x 41 x 241/2 1035 x 1041 x 622 928 381/2 x 381/2 x 231/2 978 x 978 x 597 1148 403/4 x 311/z x 241/2 1035 x 800 x 622 1405 164.20 327.95 420.93 520.72 637.30 r51-OxY 381/2 x 201/2 x 231/2 978 x 521 x 597 362 164.20 CFS2-OXY 381/2 x 291/2 x 231/2 978 x 750 x 597 723 327.95 EllEiT PAGEQF�