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HomeMy Public PortalAbout144-2023 - Hoosier Fire Equipment Inc. - various equipment for new truck PURCHASE AGREEMENT '2,01 THIS AGREEMENT made and entered into this day of /4,7:' '1)./ 2023, and referred to as Contract No. 144-2023, 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 Hoosier Fire Equipment Inc.,4009 Montdale Park Drive, Valparaiso, Indiana, 46383 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to furnish and provide various specified equipment including, but not limited to, hoses, adapters, and accessories (hereinafter "equipment") for the new fire truck for the Richmond Fire Department as further described in Contractor's quote. Requests for Quotes were made June 9, 2023. Responses to said request are on file in the office of the Richmond Fire Department and Richmond Purchasing Department, and are hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Contractor's quote, dated June 16, 2023, consisting of three (3) pages is attached hereto and marked as Exhibit A. Contractor agrees to abide by the same. 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 provisiorc, 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. 144-2023 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor a total amount not to exceed Sixty-two Thousand Three Hundred Eighty-eight Dollars and Zero Cents($62,388,00) 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 delivery and acceptance of the Equipment. 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.. This Agreement may also be terminated by the City if a force-majeure event occurs and the results or aftereffects of said event causes the performance of this Agreement to become impossible or highly impracticable. Said event or results or aftereffects of said event would include events or effects which the parties to this Agreement could not have anticipated or controlled. Examples of a force-majeure event, or its results, would include, but would not be limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act of Executive Enforcement of the Federal government, the State of Indiana, or local government. SECTION V. INDWNIFICATION 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 Page 2 of 6 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 Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section I. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $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 directly or indirectly Page 3 of 6 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-VE.RIFY PROGRAM REQ1.11REMENTS 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 ty 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 XL 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 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 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" "CONTRACTOR" THE CITY OF RICHMOND, Hoosier Fire Equipment Inc. INDIANA by and through its 4009 Montdale Park Drive Board of Public Works and Safety Valparaiso, IN 46383 „am „ By: Vicki Robinson, President By: P r inted: _57,;OPelte-7 /7/.41/7A-47 Emily Palmer, Member By: Title: 334! /71/7/v/a1;;W:X1---_,„ Matt Evans, Member APPROVED: Date: S. .., yor Date: 0 Page 6 of 6 . , Page 1 of 3 QUOTATION ---wit4,1 DATE: June 16, 2023 IT0000imieficri ii;vre 1177" QUOTE TO: Richmond Fire Department SALES REP.: Collin Casstevens 101 S. Sth St. EMAIL: ccasstevens@hoosierfire.com Richmond, IN 47374 PHONE: (765) 623-3544 FAX: (317) 891-7375 ATTN: Chief Tim Brown EMAIL: tbrown@richmondindiana.gov TERMS: Net 10 Days SHIP: Direct/Best Way FOB: Shipping Point CONDITIONS: QUOTE VALID FOR 30 DAYS UNLESS OTHERWISE NOTED *. THE PRICES QUOTED ARE FOR THE SPECIFIC QUANITIES, STYLES, TERMS AND CONDITIONS AS INDICATED. ANY DEVIATIONS MAY INVALIDATE THIS QUOTATION. RETURN POLICY: ANY CUSTOM FIT OR SPECIAL ORDERED ITEMS ARE NON-RETURNABLE.ANY RETURNABLE ITEMS MAY BE SUBJECT TO A 25%RESTOCKING FEE. ITEM QTY MFG PART# I DESCRIPTION I EACH 1 TOTAL I 1. 8 PAC 1004-Y PAC Mount Handlelok w/Yellow Strap $40.00 $320,00 2. 2 SuperVac V18-BD-12-SP SuperVac DeWalt FlexVolt 18" Battery PPV. $4,785.00 $9,570.00 Includes (2 DeWalt FlexVolt 12AH Batteries, (2)AC Chargers, and Shore Power 3, 4 TFT AX1ST-NX-PS TFT Jumbo Ball Intake Valve, 6" Swivel Handle $1,864.00 $7,456.00 Female x 5" Rigid Storz. Shaft on Top. Includes Pressure Relief Valve, 4. 2 R&B 440YL SUBSTITUTE: R&B Fabrications Hydrant Tool $38.00 $76.00 Fabrications Bag 4)4- 5. 2 R&B M/S HP R&B Fabrications Milwaukee Strap Hose Pack $181.00 $362.00 Fabrications (50") 6. 2 Harrington Inc. H30E-25NHFS- Harrington Inc. 30' Elbow 2Y2" NH female x $148.00 $296.00 25NHFS 21/2" NH Fern.Swivel Rocker Lug 7. IP BID: Pack N Pop 28" Orange 4#6"/4" Col . s w/ Plastic Base, Feet, and LED (4 PiCk) / / 8. NO BID: Rio e, StatiL-Pro 1/2" Whi/ ", CMC (Per 1") / , 9. NO BID:CMC Res e Rope/t i g#2- Red 10. NO BID: MPD, 13M •00', CMC 11. NO BID CMC Rescuv'in_ e Pulley 12. NO BID: Pulley, ,- ,cue Dou 4 , CMC 13. NO BID:Custe CMC Rescue Es jp. Carabiner ' Manual 14. NO BI II Anchor Plate, CMC NFPA,Alu Red 15. NO ; D: CMC Pro Series Anchor Strap- Blu i, edium 5 Feet Valparaiso Offce IEXHIBIT pr PAGE_LpF .31 Mid-State Office 4009 Montdale Park Drive 3863 N.Commercial Parkway Valparaiso, IN 46383 Greenfield, IN 46140 Ph.: 800.552.2691 www.haosierfire,C0111 Ph: 888.436.6075 Page 2uf3 16. 4 Husky HTV'12xI4 Husky Portable IZxl41Ooz. Vinyl Salvage $138.00 $552.00 Cover- Red ---------- - ------------- ---- ---------- --- 17. 4 Husky NTV'8x10 Husky Portable 8xlOI8oz. Vinyl Salvage Cover- $80.80 $320.00 Red _____ _________ _ _ ___________ lQ. 16 Key Hose R[50'450 1OO Key Hose S" PRO-FLOW LDH Rubber Covered $801.00 $12,816.00 Supply Hose vx/5 Aluminum 51orzCouplings. lOO'Sections� Ye||ow� 19. 2 Key Hose RC50'450'50 Key Hose 5" PRO-FLOW LDH Rubber Covered $539.00 $1,078.00 Supply Hose vv/5 ' Aluminum StnoCouplings. SO' Sections. Ye||ow� 20, Z Key Hose RC50'450-25 Key Hose 5" PRO-FLOW LDH Rubber Covered $408.00 $826.00 Supply Hose vv/S" Aluminum Storz Couplings. 2S' Sections. Yellow. ------ ----- ............_ Z1. 20 Key Hose DP30800-50 Key Hose ]'' BIG l0 Double Jacket Fire Hose w/ $799.00 $5'980m 2.5" Aluminum Couplings. 50' 5uctions. ZZ. 4 Key Hose D?30'800'25 Key Hose 3" BIG lO Double Jacket Fire Hose w/ $202.00 $80O.00 2�5 ' Aluminum [oup|ings� 25' Sections� ��������� � 23. 40 Key Hose DP17'800'50 Key Hose 1.75" BIG IO Double Jacket Fire Hose $166.00 $5,640.00 w/ lI'' Aluminum Couplings. 5U' Sections. ��� 24. Z TFT H 2VPP TFT 2.5" Female 1.5" Male P|aypipevv/ $695.00 $1,390.00 DetentShutoffVa|ve 25. J TFT FS'22STACK TFT 1.5" NFPA2 Stack Tip- 12/4" and 11/8" $147.00 $294.00 Tip Sizes ��� ............. 26. 2 TFT FS'2STA[K TFT 1.5" NFPA Stacked Tips- 21/O" and 1"Tip $147.00 $284.00 Sizes _ 27. 2 Scott Safety 8007134 Scott Safety V3ZOThermal Imager. Includes (2) $2,520.00 $5,240.00 Batteries, (l) Retactab|e Lanyard, (1) Desktop Charger, and (1)Truck Holder Kit - 28. 8 Streom|ight 44450 Streom|ight Fire Vulcan LED Standard System - $190.00 $1,520.00 l2OV/l00V�[/I2V D[ Quick Release � . Shoulder Strap 6� Charging Rack Orange ��������� ­­_ 29. 2 Amerex 240 SUBSTITUTE: AmerexJ.5 Gallon Water Fire $137.00 $274.00 Extinguisher 30 ----- Fire Hooks � �[H'312 Fire Hooks [ao~Harness Extinguisher Carrying $55.00 $11.0.00 System ����� �- ��� 31. 2 TFT AA7N] N] TFT 3.5 ' Double Female Adapter $67.00 $I34.00 ]2 -�Z TFT AA6N] N] TFT 2�5 ' Double Male Adopter $37.00 $74.00 � 33. l TFT AO�N] TFT 2 5" Blind [a w/ Lanyard �5I�QO $l02�OO ____ 34. 2 TFT &A5N] NF TFT 2 5" Female l S ' Male Adapter $42.00 $84.00 i 3 4 -- Elkhart Brass ---2507101----- -- Elkhart Brass B'lOO-AGated Wye. 2.5" Female $318.00 $1,272.00 x (2) l.5'' Male _ 36. 4 TFT A3810 TFT Jumbo Spanner Wrench Bracket Set. (4) $133.00 $532.00 Jumbo Spanner Wrenches and (I) Bracket ___.___- ________-_ h _ Valparaiso onu� [c i ��/��T / � &iu'3� D��o�� /�L\` PAGE [}F_ _J 400nMnnma/o Park Drive '-------'--------- nnsaw.onmm*rcia|Parkway Valparaiso, |mosoaa srnronom. |m 46140 Ph.: 800.5522691 wvvm/.hoon/brfire.00xn p»: oaoAan.00ro Page] of3 28. 4 TFT A3845 TFT3Wrench Bracket Set. Includes (Z) $1C)8.00 $792.00 Spanner Wrenches, (l) Hydrant Wrench, and (I) Bracket 29 4 TFT y88I3 Universal Spanner Wrench $28.00 $112.00 ]O� 2 _ TFT AA�ST'NX TFTS" Ri Rigid 6' � | Adapter $7ZI0U �4S0DO _- __ _____- 31. Z | TFT AH3ST'W] TFT 5" Rigid Storzx2.5" Swivel Female Elbow $294,00 $588.00 32. 4 TFT AOlST TFT 6" Storz Blind [apw/ Lanyard $114.00 $456.00 _________ 33. 2 Fire Hooks CB-51 FireHooksPinchPointCrovv8a/ �7S.00 �I5O.OU ��������������� _��� � 34. J Fire [BHB FireHnoks [rovvBar Ho|din Nest- Chrome $55.00 $110.00 _____ 35. IZ Gemtor 571 Gem Strap �34.0O �4O8�DQ 36. 4 Leatherhead PAY--5 Lpathe/head Tools 6# Pick Head Axe xv/Yellow $/O.UO <280.00 � Tools Fiberglass Handle 30. 2 Leatherhcad K'1-830'2 Leathe/head Tools Iron Set. 6# Flat Axe and $316.00 $632.00 Tools 30" Ha|||gun 33. 34. ]S.36. r—... -- . -- QUOTE TOTAL $62,388.00 NOTES @COMMENTS: o. *Due to current supply and labor shortages, prices are subject to change without notice. Please contact,your HIFE Sales Rep to confirm herein quote pricing prior tmordering. b. c SHIPPING |S NOT INC0UDE0!! d. e� HOSE WOULD SHIP FREE QUOTATION PREPARED BY: [o||in [asstcvens V���iso Ofte BIT PAGE � �� �� �����ffi� 4onsMonma|ePemodve `�---- �~-�-�� ' ' ---�—'_ �—�--� 0000w�cnmmercia|Parkway Valparaiso, |m*n000 srnonnum. IN 461*0 Ph,: 800,552,28e1 wyvw/.hmoo^»rfiro,co/n p»: 88e,43660/5