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HomeMy WebLinkAboutFIRECATT/Fire/4680/fire hose testingt Fireuatt Fire Department - 2014 Appropriation # 43- 515.01; P.O. # 24581 Contract Not To Exceed $4,680.00 AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ( "Agreement ") is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ( "City "), and FireCatt, an entity duly authorized to do business in the State of Indiana ( "Vendor"). TERMS AND CONDITIONS ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement's terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and /or services (the "Goods and Services ") from Vendor using City budget appropriation number 43- 515.01 funds. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Four Thousand Six Hundred Eighty Dollars ($ 4,680.00) (the "Estimate "). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and /or quotations regarding same as were provided to Vendor by City and /or by Vendor to and accepted by City all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose. !S Y'mw(NtrdSc fi G M i C9 I. x 4x•a¢ btu RN!- WITH Even, Lin IIJ 9 .IJ M. FireCatt Fire Department - 2014 Appropriation # 43- 515.01; P.O. # 24581 Contract Not To Exceed $4,680.00 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same ( "Effective Date "), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and /or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers' compensation, occupational disease and /or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property. IS IC=m,,cla\PlafSct& C.d. S.vree ltpi10111h ITH E.' f' Lama me 4S/101]9.1} AM/ FireCatt Fire Department - 2014 Appropriation # 43- 515.01; P.O. # 24581 Contract Not To Exceed $4.680.00 Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and /or of any of Vendor's agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and /or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and /or Vietnam era veteran status. 12. E- VERIFY Pursuant to I.C. § 22 -5 -1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the "Indiana E- Verify Law "), Vendor is required to enroll in and verify the work eligibility status of its newly -hired employees using the E- Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E- verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E- Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E- Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E- Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E- Verify Law. The requirements of this paragraph shall not apply should the E- Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON- ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City's prior written consent. (5 Cool TNS %ct&rvA.hcF,eIkT,1]UI4*i,,Cn,, C 1114 EXml, la nm FireCatt Fire Department - 2014 Appropriation # 43- 515.01; P.O. # 24581 Contract Not To Exceed $4,680.00 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel One Civic Square Carmel, Indiana 46032 Chief Hoffman AND If to Vendor: FireCatt 3250 W. Big Beaver Rd. Suite 544 Troy, MI 248 - 643 -7200 ext. 10 April Field Douglas C. Haney, City Attorney Department of Law One Civic Square Carmel, Indiana 46032 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and /or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder, In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. on mse.�;�riFt nn -a /IF Fireeatt Fire Department - 2014 Appropriation # 43- 515.01; P.O. # 24581 Contract Not To Exceed $4,680.00 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City's authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2014 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor 26. IRAN CERTIFICATION: Pursuant to I.C. § 5 -22 -16.5, the Vendor shall certify that, in signing this document, it does not engage in investment activities within the Country of Iran. IS to,. .PRA <nes S Goods S<09ire UgnUr1149(reC]n G,.J, S tenla. i /R9(- WITH F -YUlfy 49 (3 AM FireCatt Fire Department - 2014 Appropriation # 43- 515.01; P.O. # 24581 Contract Not To Exceed $4,680.00 27. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 28. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: rn OT nesenf James Brainard, Presiding Officer Date: "7 - r Burke Memb r j —i„ —%v Lori S. Wat !Memper Date: 1 )(ph,/ ATTEST: c °P° -tad At. Ald D' na Cordray, IAMC, j1 rk- Treasurer ate: Z —no I ,FCoolrarls9Prof S.cs 5 Goods S .oW3rc Ik09O14lFrdnn Coo& & Se,' rief 61747, l , c By: ✓ &S: ✓6 /04ai61.K Title FID/TIN: Last Four of SSN if Sole Proprietor: Date: V.; //y uNM14 - w PI E. Vail) Lauguasc &rex igSeou 9 :u AM] FIREOAT*s CRITICAL ASSET TESTING & TRACKIN April 16, 2014 Bob VanVoorst Logistics Section Chief Carmel Fire Department 2 Civic Square Carmel, IN 46032 bvanvoorst@carmel.in.gov Chief VanVoorst: Per your request, we are pleased to submit this quotation for your annual fire hose testing. Background: FireCatt tests over 3 million feet of fire hose per year. We have been testing fire hose for more than 7 years. And we are now testing fire hose in over 25 States. FireCatt is proud to have revolutionized the fire hose testing industry with the first and only, Patented, Computer Controlled Testing System. Testing Scope: FireCatt will provide annual service pressure testing per the NFPA 1962, 2013 Edition Standard using patented technology test equipment designed for safety, accuracy and speed. Logistics: When FireCatt begins testing we will start with your rack/auxiliary hose then your reserve apparatus(s) if applicable. We test at a minimum rate of 1000' per hour and will turn a complete apparatus in 2.5 hours or less. Your tested rack/auxiliary hose will be ready to replace any failed hose from your apparatus(s). Once the reserve apparatus(s) are tested your company can take the tested reserve to replace a front line apparatus prior to testing. Thus we eliminate any down time in your Department for hose testing and we keep your companies in district. That way the public that you serve will not see an increase in response time during hose testing. The Department will be responsible to provide a suitable test a location 350' in length x 100' wide, the water supply via Fire Hydrant (preferably), stand pipe, or tender and a single point of contact. EXHIBIT A I6' 3250 W. Big Beaver Rd., Suite 544, Troy, MI 48084 Phone: 248- 643 -7200 Fax: 248 - 566 -3064 www.firecatt.com FTRFrATT thn FACTFCT CAFFCT M11CT arr1 IRATE Ora hnca tactina ramnan , in tha Natinnl Page 2 of 4 Safety, Accuracy, and Unique FireCatt Specifications: ❑ Electronic and computerized pressure transducers shall be used to monitor and regulate pressures. ❑ Air actuated and computerized valves shall be used to eliminate manual control of all valves at high pressure and provide emergency automated shut - off /shut -down capability. The use of manual valves that expose personnel to unnecessary risk will not be permitted. ❑ Pressure release at the end of each test shall be accomplished through air actuated and computerized valves operated remotely and pressure shall be released at the main manifold. This will eliminate the need to release pressure at the end of each hose and the risk associated with exposing personnel to potential catastrophic failure while hose is fully pressurized. ❑ Hydrant pressure shall be monitored through the use of electronic and computerized pressure transducers. Hydrant pressure will be regulated to meet the NFPA requirement of 45 PSI at the beginning of the test. ❑ An amber warning beacon shall be illuminated at all times when the hose is pressurizing or at high pressure. ❑ Ten manifolds shall be used each with their own computerized pressure transducer and valve so that Ten separate pressures can be tested simultaneously. ❑ Up to 3000 feet of hose shall be tested per test cycle. ❑ Multiple diameter hoses shall be tested simultaneously. ❑ Air relief valves shall be used at the end of each hose lay per manifold. ❑ Computerized digital pressure readouts shall be used in order to eliminate subjective "needle bounce" of analog gauges. ❑ Computerized timing of tests shall be used to eliminate subjective timing devices such as manual stop watches prone to operator error. NFPA Standards: 1. Each length of hose will be assigned an Identification Number using a barcode label on each coupling. That I.D. number shall also be recorded on the hose jacket at each end of the hose using a permanent ink marker. 2. Each length of hose will be inspected both the outer jacket and inner liner. 3. All couplings and threads will be inspected. 4. All gaskets will be inspected; defective gaskets will be replaced at no extra cost. 5. FireCatt will supply hose manufacturer approved 100% silicone lubricant for coupling lubrication. 6. All defective hose will be tagged and removed from service and the defect location on the hose will be marked using permanent marker. The tag will be distinctive and state the reason for removal from service, date, and hose I.D. number. This information will also be contained within the test report 7. FireCatt will supply "Never Seize" lubricant for lubricating all apparatus connection points so as to reduce galvanic reaction associated with dissimilar metal contact 8. FireCatt will accurately record all data that will be contained in the final report which will include, Department I.D., Station or Apparatus I.D., FireCatt hose I.D., Fire it- nilhtf Page 3 of 4 Department hose I.D., Manufacturer, Date of Manufacture, Date in Service, Size, Length, Pressure, Pass /Fail, Reason for Failure, and Tread Type. 9. FireCatt will provide a hard copy of the Test Report within 1 week of test completion. The Hose Test Report is documented on a per Department basis. If you require your hose documentation broken down per apparatus or station, this service is available for an additional charge and must be pre- arranged. 10. FireCatt will provide internet web access to your electronic test record and protect this information using a unique login and password within 1 week of test completion. Access to the test records will be for a minimum of 7 years from date of the most recent test. 11. FireCatt will be licensed and insured to meet the State, City and Department requirements. Pricing: Option(s) Quantity in Feet Price per Foot TOTAL. 3 Fire Department provides all labor 24,000 (approximate) $0.195 $4,680.00* Option 1 - FireCatt will provide ALL labor to unload apparatus, lay out test, couple /uncouple, roll hose and reload apparatus. The Fire Department will provide labor only to drive apparatus to and from test site. Option 2 - FireCatt will provide labor to unload apparatus, lay out test, couple /uncouple, and roll hose. The Fire Department will provide labor to reload apparatus. Note: If you choose Option 2 we suggest utilizing two fire department crews /companies to reload. The crew who's apparatus is being reloaded and the crew who's apparatus is next to be unloaded. Option 3 - FireCatt will provide a technician to operate the FireCatt test equipment and collect data. The Fire Department will provide ALL labor to unload apparatus, lay out test, couple /uncouple, roll hose and reload apparatus. Contract Term: Page 4 of 4 Pricing in BLACK is for a 1 year contract. *Pricing in RED is for a 3 year contract and represents over a 10% discount, and the price will remain the same guaranteed for all 3 years. Completion: Testing will take 2 day(s) annually (weather, total feet, & test site dependent). References: Available upon request. We are pleased to offer our services to your department and believe in 100% customer satisfaction. We look forward to creating a mutually beneficial and successful long term relationship. If you have any questions or comments, feel free to contact me at any time. Respectfully Submitted, April Field t IitE .ate CRITICAL ASSET TOTIVG d TRACI= ' FireCatt is...the FASTEST, SAFEST, MOST ACCURATE fire hose testing company in the Nation! www.firecatt.com 1 3250 W. Big Beaver Rd. Suite 544 Troy, MI 48084 248 - 643 -7200 office ext 10 248 -643 -4540 fax A- 4 C of Carmel INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-60000972 ONE CIVIC SQUARE CARMEL, INDIANA 46032 -2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PAGE PURCHASE ORDER N ER 24581 THIS NUMBER MUST APPEAR ON INVOICES, NP VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE. ' URCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. 41232014 DESCRIPTION VENDOR FireCatt 3250 West Big Beaver Road, Suite 544 Troy, MI 48054 SHIP TO Carmel Fire Department 2 Cannel Civic Square Carmel, IN 46032 (317) 571-2622 CONFIRMATION BLANKET CONTRACT PAYMENT TERMS FREIGHT \J OLIANTITY 11111? OF MEA$UR DESCRIPTION UNIT PRICE EXTENSION Account 43- 515.01 1 Each Hose Testing Send Invoice To: Carmel Fire Department 2 Carmel Civic Square Carmel, IN 46032- PLEASE INVOICE IN DUPLICATE $4,680.00 Sub Total: $4.690.00 $4,880.00 DEPARTMENT 1_ Carmel Fire Department ACCOUNT SHIPPING INSTRUCTIONS • SHIP REPAID. • C.O.D. SHIPMENTS CANNOT BE ACCEPTED. • PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABELS • MIS ORDER $SSUED IN COM °IJANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. 24581 DOCUMENT CONTROL NO. PROJECT I PROJECT ACCOUNT AMOUNT PAYMENT S4,690.00 680.00 • NP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS l E A.O. NUMBER IS MADE A PART OF THE VOUCHER MD EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. • I HEREBY CERT {EY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER ORDERED BY „ TITLE CLERK - TREASURER VENDOR COPY