HomeMy Public PortalAbout145-2023 - Donley & Associates Inc. - purchase of mass apparatus equipment PURCHASE AGREEMENT
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THIS AGREEMENT made and entered into this day of /11,.( , 2023, and referred to as
Contract No. 145-2023, by and between the City of Richmond, Indialndi!l1ia, a municipal corporation acting
by and 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 I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to furnish and provide eight (8) new MSA GI SCBA apparatus units and
eight (8) new G I SCBA mask units (hereinafter"Equipment") for the Richmond Fire Department, which
Equipment must be approved by the National Institute for Occupational Safety and Health("NIOSH").
Requests for Quotes were made June 21, 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, received June 28, 2023, consisting of two (2) 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 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. 145-2023
Page 1 016
SECTION III. COMPENSATION
City shall pay Contractor a total amount not to exceed Seventy-nine Thousand Seven Hundred Seventy-
four Dollars and Zero Cents ($79,774.00) for complete arid 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. unavailabily 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 terminatal.
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. 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
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 Ageement, 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
I). 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 he 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-coctractor 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 dirty (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 mariner 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 hannless 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
Phis 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 fo 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, DONLEY &ASSOCIATES INC.
INDIANA by and through its 5546 Elmwood Court
Board of Public Works and Safety Indianapolis, IN 46203
°
By: Z".//0(6e /,//e1„76,(
By:
Vicki Robinson, President
By: Printed:! 1e.rk . 11,0cs
_
Emily Palmer,Member
/11(
By: ' i Title: 5.6"-VIC.„( hey, •e-r
Matt Evans, Member
APPROVED: Date: /2. 7.1.
ayor
0 0 7
Date:
Page 6 of 6
•
5546 ELMWOOD COURT
INDIANAPOLIS, INDIANA 46203
wwwd on levee fety.co m
Phone: Apparatus Equipment Quote Fax:
317-786-2268 317-786-2532
Date: 6/27/2023
SOLD TO: Richmond Fire Dept. SHIP TO: Your Location to be named
101 S 5th Street
Richmond, IN 47374
email: tbrownpriphrnondiadjaneigov
CONTACT: Chief Tim Brown PHONE: 765-220-0511 SHIPPER: Freight or Sales Truck FOB: Ship point
P.O.# SLSMN: Mike DiMeglio TERMS: net 30 days
SOURCE QTY DESCRIPTION UNIT PRICE TOTAL
VA1"r!Ir 11116 rl!'mrrllrr'lMNVO'VINMNIMWIIIIIIIIIIIIIII
PAC 8 HandleLok, Grip Range 1/8"to 1-3/4"(P/N 1004-BLK) $ 38.40 $ 307.20
Battery opera ted PPV fan, 18" PPV, DeWalt FlexVolt(2 ea.) 12Ah Battery, (2
SuperVAC $ 5,040.55 $ 10,081.10
ea.) Chargers, Shore Power, (P/N V18-BD-12-SP)
Jumbo BIV 5"Storz x 6"F,Storz Rigid, NH Swivel,Shaft on Top (P/N
TFT 4 $ 1,895,30 $ 7,581.20
AX1ST-NX-PS)need truck build number
Extra Large Hydrant Bag, 27"x 9"x 6", (P/N 439YL)(Exemption taken, I
R&B Fab 2 $ 88.90 $ 177,80
cannot get Safety2Go)
R8B Fab 2 Milwaukee Strap Hose Pack,50"(P/N WS-HP) $ 185.40 $ 370.80
Kochek 2 Elbow, SW RL F x M 30 degree, 2,5" x 2.5", (P/N KE25R25-P18-P09) $ 56.60 $ 113.20
28"Flashing Orange Cones, Plastic weighted base,wit3 /4 collars, storage
Pro-Span 2 $ 193.15 $ 386.30
bag,set of 4„ (P/N BG503)
CMC Rescue 400 400" CMC 1/2"white rope, Static-Pro, (P/N 281200) 1.29 $ 516.00
CMC Rescue 4 Rope Bag,#2 size, -Red(P/N 430203) $ 80,10 $ 320.40
CMC Rescue 2 MPD, 13MM RED, CMC, (P/N 333000) $ 828.70 $ 1,657.40
CMC Rescue 4 Single Pulley,(P/N 300301) $ 67.75 $ 271.00
CMC Rescue 4 Double Pulley, (P/N 300302) $ 111.75 $ 447.00
CMC Rescue 12 Carabiner, PS Manual SLT, (PIN 300262) $ 48.40 $ 580.80
CMC Rescue 2 Anchor Plate, NFPA, Alum, Red, (P/N 300610) $ 69.50 $ 139,00
CMC Rescue 2 Anchor Strap, Blue, Medium,5 feet,(P/N 201023) $ 63,35 $ 126.70
Heavy Duty Salvage Covers 12x14, 18oz Vinyl, Red (P/N HTV-12x14-18oz- $ 134.65 $Husky Port, 4 538.60
Red)
Heavy Duty Salvage Covers 9x12, 18oz Vinyl,Red(P/N Hri/-9x12-18oz-
Husky Port. 4 $ 94.65 $ 378.60
Red) I h t 12 49t 9rer
NAFH 16 LDH Hose, 100'x 5"Storz,Yellow, Nitrile Rubber, HF5X100YRS $ 1,255.65 $ 20,090.40
NAFH 2 LDH Hose,50'x 5"Storz,Yellow, Nitrile Rubber, HFSXSOYRS $ 832.30 $ 1,664,60
NAFH 2 LDH Hose, 25'x 5" Storz, Yellow, Nitrite Rubber, HF5X25YRS+coupling $ 547.05 $ 1,094.10
NAFH 20 3"x 50'Dbl.Jacket,Yellow, Rubber Liner, Coated,PTL3XSOYEN $ 403.25 $ 8,065.00
NAFH 4 3"x 25' Dbl.Jacket, Yellow, Rubber Liner, Coated, PTL3X25YEN+coupling $ 231.30 $ 925.20
1-3/4"x 50"section, Dbl,Jacket, need color selection(s), Rubber Liner,
NAFH 40 $ 186.25 $ 7,450.00
Coated, PTL175X5OREN
Continued on page 2
[EXH-TBIT PAGE iortj
Richmond FD Equipment List
Donley Safety 1 of 2 6/28/2023
. - ' DONLEY SAFETY (continued)
Phone. Fax.Apparatus Equipment Quote
317-786-2268 317-786-2532
Date: 6/27/2023
SOLD TO: Richmond Fire Dept. SHIP TO: Your Location to be named
SOURCE QTY DESCRIPTION UNIT PRICE TOTAL
1,1010Ifigir liffloirerl'"firrrlify.117011P fffroorrollrortitifilirIlegg,tivigogu
p,,,,',‘4,,4 vo 1t4 0 Al Li(,,A it#,,Arop 00w P,1+, ' s il lo 1. NI '1011 q 1 II' " A 11114" ,11 IlliI0 II 11',,O''I 'I J flph 000 i 4 406 „max#0,0041
TFT 2 Playpipe, Straight,w/Shut-off, (P/N H-2VPP) need truck build number $ 704.95 $ 1,409.90
TFT 2 Stacked Tips, TIP SIZES 1-1/4 and 1-1/8(P/N FS-22STACK) $ 149.25 $ 298.50
NFPA 2 Stack Tips, F 1-1/2" NH, TIP SIZES 1-1/4 AND 1-1/8 (P/N FS-
TFT 2 $ 149,25 $ 298.50
22STACK)same as above need truck build number
Thermal Imaging Camera, LUNAR TIC Unit;P/N 10214747; (Exemption $ 2 293.80- , $
MSA 2 4,587.60.
taken we(lib not sell the 3M/Scott unit)
Streamlight 8 Streamlight Vulcan LED Lanterns (P/N 44450) $ 197.75 $ 1,582.00
AMEREX 2 2.6 gallon water can (P/N 240) $ 147.65 $ 296.30
R&B Fab 2 Water can carrying harness (P/N CS-415) $ 53.50 $ 107.00
TFT 2 2-1/2" NH F x 2 1/2"Nfi FI Adapter-Swivel, Rocker Lug(P/N AA7NJ-NJ) $ 68.40 $ 136.80
TFT 2 2 1/2" NH M Adapter-Dbl. Male, Rigid, RL(P/N AA6NJ-NJ) $ 38.00 $ 76.00
- '
TFT 2 2 1/2"NH F Blind Cap w/Lanyard,Custom(P/N AO1NJ) $ 52.00 • $ 104.00
TFT 2 2 1/2" NH F to 1 1/2" NH M,Adapter, Rigid, RL (P/N AA5NJ-NF) $ 42.65 $ 85.30
Elkhart Brass 4 2-1/2"FNH to(2) 1-1/2"MNH Gated Wye,Alum Long(P/N B-100-A,2507101) $ 345.95 ' $ 1,383.80
.,
Kochek 4 Set of 4: 5" Storz x Universal Spanners w/Holder(P/N KS34-P18-P09) $ 128.55 $ 514.20
K - 4
Set-Triple Holder: (1)Hydrant Wrench K07, (2)KO1 Spanner Wrenches- $ 119.85 $ 479.40 ochek
Black(P/N K48-3-P18-P09)
Kochek 4 Universal Spanner- Black (P/N K01-P18) $ 22.25 $ 89.00
- '
Kochek 2 Adapter,5,17'Storz x 6.0"NHM Rigid to Rigid Male(P/N 536566-H52) $ 184,00 $ 368.00..
Elbow, 5"Storz x 2 1/2" NH Swivel Rocker Lug Female 30° Elbow(P/N
Kochek 2 SKE525R-F152) $ 262.40 $ 524.80
Kochek 4 Cap,5 STORZ(2 PIECE)CAP W/Cable, K-Brite(P/N CC5071-KBR) $ 111.50 $ 446.00
Firehooks UNL 2 Pinch Point Crew Bar, 1-1/8"x 51", (CB-51) $ 78.80 $ 15/.60
SouthPark 2 Crowbar Mount Set, Holder&Foot Bracket,Zinc, Chrome(P/N CH55Z01C) $ 49.05 $ 98.10
Akron Brass 2 Hose and Ladder straps, (P/N 78) Must qet the pack of 8 for 16 total. $ 631.20 $ 1,262.40
...
Firehooks UNL 2 6 lb.pick head axe, Yellow Fiberglass Handle(PIN FAP-6) $ 70.00 $ 140.00
30" Halligan &36"6#Flat Axe, Yellow Handle Fiberglass, Deer Hoof Grip,
Leatherhead 2 $ 323.20 $ 646.40
/;'',/,,m4//,,,v, i iw(//,y, tr,wi Ariji 11.'',71.110a,'. d,8,11f 1041,14=1,11,1i l','4/,'," l'r.?,,
•VI IJI")‘' / ('''Ts"!' "" ' :A, G1 Air Frame as before.'%ifiel' i''''..'40'."141051fitilltartiliftiffr'''''''''''''''''''''''' ''''''''''''''"'"I'"'',11
,1 ,,
„SA Safety 1 8 breather air ,f.line with Spare Bottles(2 total Cyldr)Manuf.2023 or greater, $ 9,365.75 $ Vbf ',4„
ATO:A-G1FS442MA2C2LCR (
,,,a, '
vIc I If) in
0 SA Safety 4 G1 SCBA IViask(Medium) , (P/N 10161810) $ 371,75 $ d7,1171,11I'/°1111111::4
f fi.g, , ,g,f0
kfli SA Safety 4 G,,§.qf-,,.,&MtP.P.K74.0,r,"9 ,,P/N 1,91,P1,',1 1), , , ,,, , ,, ,, , „,-,-„,„,, , , , , ,,„ ',,,,,,,„, ,P71,77, ,,$,„,,fizc ,,,,'''4,4,,,',Iiii II,
'vitt 7/jig Itra ritrami, vio4) id to,,diid,, i/i/i i(„)///,, ,;//'%/,'*/'4/ ' " / 1/1 7`l" l''//' ''''///'// % "///0 P;4,w,, g,47,/;,/,..677/7,ww,,/2/ c/401
, 1 II
01,11,,,i 1,1 :.
illt,11111111111111111,111,111,111,111,111,111,111,111,1111111„ Total Amount: $ 156,273.00
111„1011:110101,1.1 1, 1111111111:1111„1111 ,111 1111 1111111,111111111111111111111110 1111,111,111,111,11,111111111111111111111111111111111111111111111111111111111111,11111111111,11111111
...maloilluil10111111111,,- 111,111100 N 1 VIII 1111 1111 1 III 1111 1, 11111111 11111111111111111101111111114111116111111111111111101111110
1111111 1 Plus All Shipping Charges(Estimated here)will be added to the invoice: $
onlowlrl. r, oil L. 1 III 11111 0 Hov,„01 ,Il 11 I I
Thank you for your consideration, Grand Total: $ 158,147.00
Mike DiMeglio, (812)525-4857
No Taxes charged
Caring for ALL Your Fire & Emergency Services Needs
J$ i ct.111+
)EXHIBIT P. PAGE---20F21
Richmond FD Equipment List
Donley Safety 2 of 2 6/28/2023