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Home My Public Portal About140-2018 - Donley & Associates, Inc - Breathing EquipmentPURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this 0—day o %J�2018, by and between the City of Richmond, Indiana, a municipal corporation acting 4bynd through its Board of Public Works and Safety (hereinafter referred to as the "City") and Donley & Associates Inc., 5546 Elmwood Court, Indianapolis, Indiana, 46203 (hereinafter referred to as the "Contractor"). SECTION L STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish MSA Self -Contained Breathing Apparatus ("SCBA") equipment (hereinafter referred to as `Equipment") to the City of Richmond Fire Department, which Equipment must be approved by the National Institute for Occupational Safety and Health ("NIOSH"). Bid Specifications, dated July 20, 2018, has been made available for inspection by Contractor, are on file in the office of the Director of Purchasing and in the office 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 Bid Specifications is attached hereto as Exhibit A, which Exhibit was received August 9, 2018, consisting of three (3) pages, and consisting of the base bid and two (2) options selected by the Richmond Fire Department, and is hereby incorporated by reference and made a part of this Agreement. Contractor shall provide all Equipment listed on "Exhibit A." Delivery of any Equipment that does not meet all specifications listed on Exhibit A and that does not meet the NIOSH standards will be considered a breach of this Agreement. Contractor shall not modify or alter any standard warranty from the manufacturer of the above described Equipment. Nothing contained herein shall prevent Contractor from providing any additional or supplemental warranty in addition to that provided by the Manufacturer. Further, Contractor shall provide City with copies of its 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. The Contractor shall furnish all labor material, equipment, and services necessary for and incidental to the proper completion of this Purchase Agreement. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; and 2. 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 completion of this Purchase Agreement. Contract No. 140-2018 Page I of 5 SECTION III. COMPENSATION City shall pay Contractor the quote amount described on "Exhibit A" for the Equipment, provided that Contractor's total compensation shall not exceed Five Hundred Twelve Thousand Nine Hundred Seventy Dollars and Twenty-five Cents ($512,970.25) for the purchase of the Equipment pursuant to this Agreement. The Parties agree said total amount covers the base bid as well as the two (2) options selected for said Equipment purchase. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until delivery and acceptance by the Richmond Fire Department of all Equipment described in this Agreement. Delivery shall be within one hundred twenty (120) working days from Contractor's receipt of order. 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 and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete 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 effective date by Contractor, 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 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. Page 2 of 5 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. 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 VIII. 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, Page 3 of 5 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 monies 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 IX. 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 X. 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. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It 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. 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 suit arising under this Contract, if any, 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. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. Page 4 of 5 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 due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. In the event that an ambiguity or 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 axed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY By: icki Robinson, President Richard Foore, Member By:`--�--- �'rt Date: APPROVED: Pftvi'd-m. Snow, Date: C) T v "CONTRACTOR" DONLEY & ASSOCIATES INC. 5546 Elmwood Court Indianapolis, IN 46203 Printed: /�9 % c 1+4 E[. F 'C') . / "l EIrL Title: Ps EME,S EiVT i V F Date: / — 4O ' OU 13 Page 5 of 5 DONLEY SAFETY Phone: 317-786-2268 Optional Additions for G1 SCBA MSA Safety 1 G1 iTIC Control Module, Thermal Imagine Addition, Price is for addition at time of ordering SCBA $ 850.00 $ 850.00 MSA Safety 1 10-year G1 FIC Extended Warranty $ 1,000.00 $ 1,000.00 MSA Safety 1 HP Transfill RIC Hose in Pouch mounted on SCBA, Dbi. Female $ 439.50 $ 439.50 MSA Safety 1 Universal EBBS Connection hose in Pouch mounted on SCBA Airline connection male -female, P/N 10156464 $ 515.75 $ 515.75 MSA Safety 1 Spectacle Kit, G1 Face piece, Eye glass kit $ 85.90 $ 85.90 MSA Safety 1 H-60, 4500-PSI, 88 CF, 60-Minute Super -light Carbon Cylinder for RIT Bag and/or Hazmat units $ 992.25 $ 992.25 Section Total Amount: $ 3,883.40 Grand Total of All Sections: $ 512,970.25 LEAD TIME AFTER PURCHASE ORDER IS RECEIVED: Allow 120-WORKING DAYS Page 3 of 3 End of last pave 1EXIft1T PAGE 3 GFa_ DONLEY SAFETY Phone: 317-786-2268 5` r Additional Quote Escape Aire Equipment MSA Safety 6 G1 PremAire Cadet Escape Respirator $ 1,395.95 $ 8,375.70 Carrier and Harness Assembly - 2 Kevlar, Strap Carrier, Stand, Cylinder E 15-min. Carbon, Regulator type B G1, Purge w/CBRN, Quick disconnect, D Hansen SST, Hardcase Section Total Amount: $ 8,375.70 Any Projected Shipping Charges No charge $0.00 Page 2 of 3 Continued on next page Ir-XHiBIT A RAGE 2_Ji DONLEY SAFETY 5546 ELMWOOD COURT - INDIANAPOLIS, INDIANA46203 Phone: 317-786-2268 Fax: 317-786-2532 uate: Vr I UIZU 10 1 ipdated-9/10/18 SOLD TO: Richmond Fire Dept. 101 S 5th Street Richmond, IN 47374 Ship To: Richmond FD Richmond, Indiana CONTACT: Chief Jerry Purcell PHONE: 765-983-7266 SHIPPER: Local Truck Line FOB: Your location P.O. # SLSMN: Mike DiMeglio TERMS: net 30 days SOURCE QTY DESCRIPTION UNIT PRICE TOTAL MSA G1 SCBA 4500-PSI $ 4,356.05 $ 174,242.00 MSA Safety 40 2 118 G1 Self Contained Breathing Apparatus H-4500 PSI Accountability Telemetry System Ready Standard G1 SCBA Unit with Chest Strap, Adj. Swiveling Lumbar, Rechargeable Lithium -Ion Battery supply and Cylinder Quick Connection 12 Same unit as Above 4500 PSI G1 SCBA with ExtendAire II Air Line option added $ 4,759.10 $ 57,109.20 12 Same unit as Above 4500 PSI G1 SCBA with iTIC camera and 10-year Additional iTIC warranty (No ExtendAire Hose) $ 6,206.05 $ 74,472.60 10 2018 G1 SCBA "NO PASS' Hazmat Unit, 4500 PSI $ 4,545.55 $ 45,455.50 Includes removeable shoulder straps P/N A-G1 FS-4410MA2QLJR MSA Safety 120 4500 PSI G1 Cylinder, 45 minute Low Profile, With Remote Quick Connect Cylinder Adapter $ 802.25 $ 96,270.00 MSA Safety Conversion kits needed for Your current in service 45-minute Low profile SL Carbon Cylinder 122 Kit, Retainer, Cylinder Valve, Type 3, Dovetail, H-45 LP $ 37.40 $ 4,562.80 122 Remote Quick Connect Cylinder Adapter $ 43.50 $ 5,307.00 MSA Safety 100 Spare: G1 Facepieces, Hycar Seal, Nosecup, PTC $ 233.75 $ 23,375.00 4-point Adjustable Head Harness with Cloth Neck Strap AS 1 Face piece Fit Testing Conversion Kit for RFD OHD unit $ 550.00 $ 550.00 MSA Fire 6 G1 Rechargable Battery Charging Station, 6-position per $ 414.25 $ 2,485.50 MSA Safety 12 Spare Lithium -ion Rechargeable Battery Power Supply $ 227.70 $ 2,732.40 MSA Safety 8 Breathing Air Compressor Conversion Kit for Q.C. Adapter $ 306.10 $ 2,44g 80 One needed per cylinder refill hose used MSA Safety 2 Upgrade Kit for converting your current MSA RIT System_ This would consist of a new G1 MMR with hose replacing the MMR on your current and a new G1 SCBA Face piece.) $ 762.20 $ 1,524.40 MSA Safety 1 A2 Telemetry Software (No Charge item) Free Download round on MSA Fire web page $ - MSA Safety 1 P/N 10072240, Base Station Kit, w/ Magnetic Antenna, Incident Command,37770 Station, One needed to run up to 50 FF tag in on one scene $1,377.70 kNoharge MSA Safety 1 Kit, RFID Reader/Writer, G1, for Key FOB writing 414.25 $ 414.25 MSA Safety 184 P/N 10083875, RFID, Key FOB Tags for ID, (recommended to have one per SCBA and Firefighter plus extras to programing) 26.00 $ 4,784.00 Care and Maintenance MSA Safety 5 MSA G1 SCBA C.A.R.E. Class for Technicians $ 500.00 $ 2,500.00 Course Number ZT-CARE3, Comprehensive class, 3.5 day MSA Safety 1 MSA G1 SCBA Tool bundle upgrade $ 1,100.00 $ 1,100.00 Section Total Amount: $ 500,711.15 1 of 3 Continued on next pace EXH, IT PAGE _J_. 0