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Home My Public Portal About039-2017 - Fire- Penncare Inc. -remount & refurbish of an ambulanceAGREEMENT THIS AGREEMENT made and entered into this /&It- day of , 2017, and referred to as Contract No. 39-2017, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Penn Care, Inc., 1317 North Road, Niles, Ohio, 44446 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform services in connection with the remounting and refurbishing of the Fire Department's 2003 Braun Type III ambulance vehicle for the City of Richmond Fire Department, which services shall include Contractor taking possession of said ambulance vehicle at its current Richmond Fire Department location in order that Contractor may deliver the ambulance vehicle to its refurbishing factory in Flanders, New Jersey, and which services shall also include the provision of a "loaner" ambulance for the Fire Department's use during the performance of the remount and refurbishing of the ambulance vehicle (the "Project"). Bid Specifications dated January 26, 2017, have been made available for inspection by Contractor, are on file in the office of the Director of the Purchasing Department for the City of Richmond and the office of the Chief of the Fire Department, and are hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Request for Responses dated February 6, 2017, is attached hereto as Exhibit A, which Exhibit consists of nine (9) pages, and is also hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Failure to comply with the remounting and refurbishing of the ambulance vehicle pursuant to the specifications listed on "Exhibit A" will be considered a breach of this Agreement. Contractor shall not modify or alter any provided warranty. Nothing contained herein shall prevent Contractor from providing any additional or supplemental warranty. Further, Contractor shall provide City with copies of any said warranty upon receiving a written or verbal request to receive such warranty. 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. Contract No. 39-2017 Page 1 of 6 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. SECTION III. COMPENSATION City shall pay Contractor a total amount not to exceed One Hundred Twenty-one Thousand Four Hundred Ninety Dollars and Zero Cents ($121,490.00) for the 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 completion of the Project and satisfactory return delivery and acceptance of the ambulance. 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. Page 2 of 6 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 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. Page 3 of 6 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 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 Page 4 of 6 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. 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 for negligence 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 party 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 party, 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 ` 0 By: Vicki Robinson, President By: Richard Foore, Member "CONTRACTOR" PENN CARE, INC. 1317 North Road Niles, Ohio, 44446 By: — Printed: p "CA Title: D-, r C c-GO Anthony L. otter, II, Member � z7 / APPROVED: ( Date: id M. Sno ayo Date: 0 J 1 ? — Page6of6 CITY OF RICHMON D 50 North Fifth Street PRICE REQUEST Richmond, Indiana 47374 (765) 983-7200 THIS IS NOT AN ORDER Ityr%Mnn INSTRUCTIONS This is a request for a price or quote for the services or materials dtscflbed below. Any additional specifications may be attached hereto. This is not an order and the City teserves the right to accept all or First Priority Emergency Vehicles part, or decline the entire proposal. please complete Clark ATTN : Kea Clark your full name, address, and phone number below with l 6b Gold Road signature; itemize all prices and charges where Flanders. NJ 07836 requested; and attach explanation for any substitution to specifications altered. please retum in care of Purchasing to the address above by the specified date and time to be considered unless otherwise specified DATE LY MUST BE IN DELIVERY REQUIRED PAYMENT TERMS January ?6, 2017 1//FebrnAry 6, 2017 by 12.00 noon D ERM UPON itECEIPT OF INVOICE QUANTITY pESCRIPTIDN UNIT PRICE TOTAL Remount/Refurbish of2003 Braun �-1 34g0 ,00 A t a (Iq(?0• c Type M Ambulance (see attached) Quote may be mailed, faxed or delivered to City of Richmond -Purchasing 50 North 5th Street, Richmond, IN 47374, FAX: (765) 973-1517 'RICE REQUEST BY VICKI ROEMSON PURCHASING DIRECTOR EXHIBIT PAGE 1 OF Statue Tax Exemption No. 003121909-001 NAME OF FIRM QUOTING 9 �nit Care, . BX dt'>�l f-0 Aft— r AUTHORIZED BY _r TrMt DATE �2-�7� ` 1 Phone No. 1 &5 ~ z(,;f 5'2p 19 Richmond Fire Department 101 South S;" Street Richmond, Indiana 47374 765-983-7266 iourcelli2richmondindiana.gov Fire Chief City of Richmond vrobinson a richmondindiana.goy Purchasing Director City of Richmond Bid Request for "Remount / Refurbish" of 2003 Braun Type III Ambulance Specifications The following are minimum requirements for the remount of this ambulance. Chassis 0 2017 E450 cutaway —15W wheelbase 14,050 GVW o Oxford White Exterior o Gray interior o Preferred Equipment package o Dual captain's chairs o Vinyl front floor o Ught and convenience group o Power windows and door locks 0 6.81. V10 Gas Engine o Electronic 5 speed automatic transmission o Ration rear axle o Engine Block heater o Engine cover console o Ambulance prep package o Speed Control / tilt steering wheel o OEM remote mlrrors o Aux AC -Heater connection package o 4 wheel ABS brakes o Additional 115 amp alternator o Daytime running lights o New Chassis running boards EX MIT PA E 2 0� i Remount Body Package ■ Transfer existing body to new chassis ■ Replace the boot and spacer ■ Remove and replace rear step bumper ■ Install new rub rails and fenderettes ■ All exterior compartments are to be checked for proper alignment ■ Inspection of all compartment doors Interior and exterior for: Condition, fit, mechanics ■ All drains, compartment venting check for proper operations ■ Replace all exterior compartment door latches and locks ■ Rebuild sliding door replacing all rollers etc. ■ Transfer SCBA brackets ■ Install Stair Chair mounts (compartment #3) ■ Re -line all compartments ■ Replace interior door skins with aluminum ■ Return the interior of the vehicle to pre -mount condition ■ Repair or replace any damaged or worn upholstery ■ Delete A bar and install net ■ Install CPR seat IPO cabinet All interior cabinetry Inspected and updated as needed ■ Remove and replace Counter tops with solid surface material ■ Remove and replace old heater/AC module HVAC unit ■ Install new Kussmaul auto eject with indicator light ■ Replace existing VMux screens with new ■ Connect existing auto throttle system ■ Install new aluminum console to chassis and reconnect ■ Upgrade all Interior lights with LED lighting ■ Install Bravo 2600 inverter ■ Replace grille and Intersection with Whelen LED red Clear Lenses ■ Whelen 700 LED rear intersection Red with Clear Lens Replace lightbar with Whelen 900 LED R/R/R/C/R/R/R ■ Replace rear lightbar with Whelen 900 R/CL/A/CL/R • Replace side and rear window level lights with Whelen 900 LED ■ Replace stop, turn and reverse with Whelen LED ■ Install new Whelen dual siren speakers ■ Install new dual air horns ■ Connect existing hand held spot light ■ Reconnect chassis lighting system • Load lights will activate when rear doors are opened Inspect and repair existing wiring as needed • Inspect and repair existing flasher / strobe units as needed • Inspect all lighting interior and exterior repair as needed + Inspect siren and repair as needed i Replace battery cables to aftermarket batteries ■ Strip / repair (corrosion or there issues) and repaint module 2 .r `HMT _Jk_ PAGE _,3__OF w Repair rear header crack ■ Paint cab lower half in designated red as per RFD paint scheme ■ Install Scotchlite lettering to match RFD scheme ■ Reinstall RFD radios ■ Paint wheels (inside and outside) job color ■ Supply and install back up camera ■ Add tappling plates and power for future power load install ■ Transfer cot mounts and stop ■ Extend Braun lifetime body warranty Warranty Information A. Ford Chassis: 3 Years/36,000 miles bumper to bumper B. Remount: 3 Years/36.000 miles C. Electrical 6 Years/72,000 miles on all upgrades/installations D. Components As provided by OEM E. Paint 7 Year / 34,000 mile warranty on all paint Additional information - Trade -in option: The Richmond Fire Dept. is requesting a separate price for the trade-in of a 2001 Ford E45 Chief XL Ambulance, although the trade -In allowance would be used to reduce the overall cost of the remount/refurbish of the 2003 Braun ambulance. Attached are the specifics of the trade-in and pictures. Should the trade-in option be accepted by the Fire Dept., the successful bidder would be responsible for getting the trade -In to their location. Please email Chief Purcell at the email address above to make arrangements to physically inspect the trade-in, which would be done at bidder's expense. Loaner ambulance: The Richmond Fire Dept. is requesting a loaner ambulance while the remount/refurbish work is being done on their ambulance. The successful bidder would drive the loaner to Richmond to pick up their ambulance to be repaired. The Fire Dept. would then drive the loaner back in order to pick up the refurbished ambulance. It is expected that each entity have full insurance coverage on their ambulance. Please supply the following Information with your bid: 1) Cost of remount/refurblsh of 2003 Braun Type III Ambulance. 2) Trade-in amount. 3) Current certificate of insurance naming the City of Richmond as the certificate holder. 4) Please state the amount of time the remount/refurbish will take after receipt of vehicle. 3 a _XHIBIT -f�_ PAGE Or I Many Needs ... One Solution Penn Care Tony Crum RE: Richmond Feb 3, 2017 Clark i EMERGENCY LIE -HI rL F,S PROPOSAL #020316 90 pays ,Amer Chassis Destination C.O.D. 1 Remount/refurbish 2003 Braun. Type III ambulance $ 121,490.00 per base remount package, including specified work as per following outline (includes trade-in credit for existing chassis, includes Ford FIN discount) Build time approximately 90 days from start of manufacturing. Currently we have build spots available in the next month or two. Optional Price: trade in of your 2001 Braun ambulance $ 2,500.00 A. Replacement_Chmsis 2017 E450 cutaway-158" wheelbase 14,050 LB GVW Oxford white exterior Gray interior Preferred equipment package Dual captains chairs Front vinyl floor Light and convenience group Power windows/power door locks 6.8L V 10 Gas engine Electronic 5 speed automatic transmission Lt. 235/75R x 16E/BSW all season tires 4.10 ratio rear axle Engine block heater Engine cover console Ambulance prep package Speed control/tilt steering wheel OEM remote mirrors Front license plate bracket Aux AC -Heater connection. package AM/FM/CD stereo 4 wheel ABS brakes Additional115 amp alternator Daytime running lights New Chassis running boards SERVING THE WORLD WITHAMERICA'S FINEST EM.8,RGENCf 9,901"L, RESCUE AND FIRE FIGHTING VPHICLES emer ne ff>.hiclerenter _enni lCAM Ir,I I PAGE g � r% Nor mmmm"-, Many Needs... One Solution B. Remount Package Transfer existing modular body to new chassis. Replace the boot and/or spacer Remove and replace the rear step bumper Install new FPE'V style rub rails Install new rubber fenderettes P__ art'f2'Rr.TfAf Y I"EHICL£5 All exterior compartments are checked for proper alignment. All exterior compartment doors are inspected. All drains and compartment venting are inspected for proper operation. Replace all exterior compartment latches and locks with Eberhard style. Replace sliding door rollers and repair Transfer SCBA. brackets Install Stair chair mount in Compt #3 Re -line compartments and under squad bench Replace interior entry door skins with aluminum The interior of your -vehicle will be returned to pre -mount condition, Clean and inspect the flooring and ceiling of your ambulance. Strip and re -seal floor All upholstery cleaned and inspected. Repair tear in squad bench SERVING THE WORU WITHAMERICA'S FINEST EMERGENCY MEDICAL, RESCUE AND FIREFIGHTING VEHIM4 w-vvw,ep�ergency�'et�iclet;enter.com E7fhflEi i PAGE _&2_0F_q_ MUM r2nonlyu Needs ... One Solution Delete A bar and install net Install CPR seat IPD cabinet All interior cabinetry cleaned and inspected. Remove and replace countertops with solid surface material Formica / laminate surfaces cleaned and inspected. All work surfaces cleaned and inspected Inspect all interior cabinets for proper security and operation. Interior moldings inspected and cleaned. Remove and replace old heater/AC module HVAC unit. Inspect system for leaks. Evacuate, Test and recharge system. Test heater/AC unit in module. Install new Kussmaul auto eject with indicator light Replace existing VMux screens with new. Connect existing auto throttle system. Install new aluminum console to chassis and reconnect. Install new LED dome lights x 10 Replace fluorescent lights with LED panels Install Bravo 2600 inverter 4'f076E1VCY VEHICLES Replace grille and intersection with'Whelen LED Red Clear lenses SERYING THE WOR4,D WIMAM,E&CA'S FINEST EMERGENCYM"XAX., RESCUEAND FIRE FIGIITWO V'E.q1 CLES www.eniei-p-encyveliiclecenter.com pen.i� 19 Mohr Needs ... One Solutlon Install Whelen 700 LED rear intersection Red with Clean lens Replace lightbar with (1) Whelen 900 LED R/R/R/C/R/R/R Replace rear lightbar with (5) Whelen 900 LED RICL/A/CL/R Replace side and rrear window level lights with Whelen 900 LED Replace stop, turn and reverse with Whelen LED Install new Whelen dual siren speakers. Install new dual air -horns Transfer existing hand held spotlight. Reconnect chassis lighting system. Insure load lights are activated when the rear doors are opened. Inspect existing wiring for integrity. Inspect existing flasher/strobe units for proper operation. ER+fERGEFNCY "Ic Inspect all lighting (emergency, floods, signals, flashers, factory, module and cab interior lighting) Inspect siren operation, Replace battery cables to aftermarket batteries Drop off loaner and pick up truck for remount Strip and xepaint module Repair corrosion Repair rear header crack SERVING THE WORLD WITIIAMERICA'S FINEST EMERGENCY )VEDICAL, RESCCIEAND FIRE FIGH77NG VEHICLES penrj� ManyNeeds ... one Solution Paint cab lower half red Install Scotchlite lettering to match existing fleet Reinstall customer radios Paint wheels job color Supply and install back up camera Add tapping plates and power for future Power load install Transfer cot mounts Extend Braun lifetime body warranty (thru FPEV) EFMERCrNCY VrHicLES Delivery will be in Manchester New Jersey, you will bring the loaner truck back and drive your new ambulance home. OPTION not included in the above pricing Delivery to Richmond IN $1400.00 Garranty Information A. Ford Chassis: 3 years/36,000 miles bumper to bumper from Ford Motor Co. B. Remount: 3 years/36,000 miles on all First Priority remount items. C. Electrical: 6 years/72,000 miles on all First Priority upgrades/installations. D, Components; As provided by OEM manufacturers, i.e. lights, siren, etc. E. Paint 7 year 84,000 mile warranty on all FPEV paint Notes: Includes Ford GPC chassis fleet discount, For #QK589 SERVING THE WORLD WITHAL+ MCA'$ nNEST EM.URGR'NCYWDICAG, RESCUE AND FIRE FIGHTING V'E'IIICZES www.emeraenevvehiciecenter.com `XHIF,IT PAGE 0F_