INVITATION FOR PRICE QUOTES FIRE HOSE TESTING

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1 INVITATION FOR PRICE QUOTES FIRE HOSE TESTING The Franklin Regional Council of Governments (FRCOG), on behalf of certain Fire Departments in Franklin County, MA, is soliciting price quotes from qualified companies for Fire Hose Testing for a one (1) year contract term; the FRCOG reserves the right to exercise an option to renew for two (2) additional one (1) year terms. Bidders must complete the information requested on the Bid Form and or deliver no later than the due date of: Thursday, November 19, 2015 at 2 pm EST. Identify your quote with Fire Hose Testing Quote and direct to the attention of: Andrea Woods, Chief Procurement Officer, Franklin Regional Council of Governments, 12 Olive Street, Suite 2, Greenfield, MA by mail or bids@frcog.org by . is preferred. Questions are to be directed to Ms. Woods by to bids@frcog.org on or before November 12, 12:00 noon, at which time an addendum response will be prepared and ed to all who have requested the solicitation. Questions received after the date and time above will not be considered. This solicitation is being undertaken under MGL Ch30B, and contracts will be awarded to the responsible, responsive bidder offering the lowest price. Quality and past performance will be taken into consideration. Multiple contracts may be awarded if deemed to be in the best interest of the participants (due to lower prices in different categories of items.) The FRCOG and Participants may cancel or amend this solicitation. The FRCOG bears no financial obligation for purchases made under this agreement. Each entity will purchase using their own purchase order and must refer to the Cooperative Contract and its terms and conditions. FRANKLIN REGIONAL COUNCIL OF GOVERNMENTS Andrea Woods, Chief Procurement Officer Date: November 9, 2015 The Franklin Regional Council of Governments does not discriminate on the basis of disability with respect to admission to, access to, or operation of its programs, services, or activities. Individuals who need auxiliary aids for effective communication with respect to programs and services of the Commission should contact the American with Disabilities Act (ADA) Compliance Coordinator at x Olive Street, Suite 2, Greenfield, MA ph fax

2 Definitions FRCOG refers to the cooperative contract holder, Franklin Regional Council of Governments. Participants or Departments refers to the Towns/Fire Districts listed in the Invitation for Bids. Service Company, Vendor, Contractor or Proposer shall refer to the company providing pricing for the items. Fire Hose Testing Specifications 1.) Conduct physical inspections, pressure tests, provide test documentation on fire hoses in accordance with the National Fire Protection Association 1962 Standard for the Care, Use and Service Testing of Fire Hose including Couplings and Nozzles, (2013 or newer edition, hereinafter known as NFPA Standard), of the participants. 2.) Conduct a physical inspection, prior to pressure testing, as specified in Section 4.6 of NFPA Standard. All hoses failing physical inspection shall be tagged and removed from service, without being pressure tested. Each Department will decide whether to repair and re-test hoses failing physical inspection. Vendor shall provide pricing for repair and subsequent retesting of hose, as needed. 3.) Conduct a service pressure test in accordance with Chapter 7 of NFPA Standard. Service test pressure will be as specified in 7.1 of NFPA Standard. The selected vendor shall not test any hoses higher than 400 psi. 4.) Deliver to each Department final test documentation within 30 days of completion of testing. Documentation provided electronically, to include date of test, service test pressure, diameter, length, identification, test results as to each length of hose and hard copy summary of reports for all hoses. Report shall be in Microsoft Word or Excel. 5.) Vendor shall utilize a stenciled number system with identifying station # and/or initials of fire company on hose, shall check all couplings for proper amount of lubrication, (and lubricate, as needed) and shall check and replace all gaskets as needed. 6.) Any hose failing to meet Standard requirements shall be tagged as such and removed from service by the successful vendor. If available, equivalent hose from the Station is to be used to replace any failed sections of hose removed from the apparatus. 7.) Vendor shall use all equipment required, including hydrostatic equipment, to perform hose test. 8.) Testing will be done at the individual Fire Department locations. Contractor shall unpack and repack from apparatus.

3 9.) Participants shall provide a suitable location for performance of the service test. The location shall include a water source and electric power or generator. Testing will take place at the individual Fire Department locations at an agreed upon time but not after the end of the contract period. Pricing shall include travel to the Department locations. Contact information for each Fire Chief shall be provided. Departments will make effort to accommodate Contractor s need to cover as much testing as possible in the area at once, but they may not all be available on the same day. The following are ESTIMATES of need per year for the Fire Departments. There is no guarantee that the purchases will be at this level they may be more or less than listed. It is expected that other Franklin County Departments will choose to join this contract as the cooperative bid is new. Choosing to offer pricing to other Departments is by permission of the Vendor and the FRCOG. Indicate willingness to extend to other FC Departments on the Bid Page. Hose Testing 8250 New Salem 2800 Ashfield 2200 Shelburne Falls FD 8000 Turners Falls 6000 Montague 6000 total estimated feet Buckland Payment Information Each Fire Department will use their own Purchase Order method to order the work and will pay according to their Department s / Town s warrant schedule. Complete contact information including names and addresses of Departments will be provided at the time of contract execution. A Contract will be held between the FRCOG and the Contractor; however, the FRCOG will bear no responsibility for the payment of the Fire Department s bills. Each department has signed a cooperative purchasing agreement acknowledging their responsibility for payment for services rendered under this bid agreement.

4 Qualifications Requirements -Bidders must be in the regular business of testing of fire hoses in the Commonwealth of Massachusetts and hold all applicable certifications. -Bidder must be willing to complete testing of fire hoses within 30 days of request of service from the Department. -A list of a minimum of five fire departments for whom this testing has been completed along with a contact name and phone number of someone with direct knowledge of the service is required. -A bidder will be disqualified who does not have the capability to meet the requirements set forth in the specifications. A cover letter attesting to those certifications must be included with your bid. Copies of appropriate documentation are requested but not required at the time of the bid. -Insurance requirements are outlined in the attached Sample Contract. A certificate of insurance listing all the Participants as Additional Insured will be required at the time of contract execution. Bid Submission Requirements -Cover letter listing qualifications -References list -Bid Form with all pricing included use N/A for Not Available in any field where you don t offer the service. -Bid Signature Form (including Corporate Resolution/List of Partners, if required, signed by Authorized Signer) -Tax Compliance and Non Collusion Statements signed by Authorized Signer

5 Fire hose testing Bid form Pricing is per bid specifications provided within this Invitation for Price Quotes. All activities not expressly mentioned in these specifications, but involved in carrying out their intent are required and the contractor shall perform the same as though they were specifically mentioned, described, and delineated including the provision of incidental equipment and supplies. All prices shall remain in effect for at least forty five (45) days from the due date of the quote, to allow time for the award and execution of the contract, and, if chosen the successful vendor s prices will remain firm through the term of the contract. Other Franklin County fire departments other than those specifically listed in the bid may be offered the pricing terms in this contract with the permission of the vendor and the FRCOG. Fire Hose testing: $ / foot Additional a la carte pricing: Cost to Repair Hose: $ Cost to Re-Test Repaired Hose, if available: $ Additional comments/services provided: Signature Printed Name Title Company Name Company Address Phone Fax Date Please initial if you have received any Addenda: #1 #2

6 The Office of the Attorney General, Washington, DC, requires the following information on all bids with a total value amounting to $1, or more: Federal Tax ID Number (this number is regularly used by companies when filing their EMPLOYER S FEDERAL TAX RETURN, U.S. Treasury Department Form 941 *IF A CORPORATION, INCLUDE WITH YOUR BID A CORPORATE RESOLUTION LISTING ALL DULY AUTHORIZED SIGNERS ON BEHALF OF THE CORPORATION AND CHECK HERE *IF A PARTNERSHIP, INCLUDE A LIST OF NAMES/ADDRESSES OF ALL PARTNERS AND CHECK HERE *IF A PROPRIETORSHIP, COMPLETELY FILL OUT INFORMATION ABOVE ONLY AND CHECK HERE

7 Tax Compliance and Non-Collusion Statements Any person or corporation that fails to date, sign with original signature, and submit the following statements shall not be awarded this contract. Certificate of Non-Collusion The undersigned certifies under penalties of perjury that this bid has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals. Date Authorized Official s Signature Typed or Printed Name of Person Signing Company or Corporation Tax Compliance Pursuant to M.G.L. Ch. 62C, Sec. 49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support. Authorized Official s Signature Title of Person Signing Typed or Printed Name of Person Signing Company or Corporation Telephone Number Address Fax Number Address Date address

8 SAMPLE CONTRACT AGREEMENT A CONTRACT SUBSTANTIALLY IN ACCORD WITH THIS AGREEMENT WILL BE SIGNED BY THE CHOSEN VENDOR AND FRCOG. MAKE NOTE OF ANY TERMS/CONDITIONS FOR WHICH YOU REQUEST MODIFICATION BEFORE THE BID IS SUBMITTED AND PROPOSE CHANGE AS A WRITTEN BID QUESTION PER INSTRUCTIONS. IF ACCEPTABLE, ALL BIDDERS WILL BE NOTIFIED. AFTER THE BID, NO CHANGES CAN BE MADE. AGREEMENT made this day of 2015 for [a portion of] the HOSE TESTING BID between hereinafter called the SELLER, and the Franklin Regional Council of Governments of the Commonwealth of Massachusetts, doing business at 12 Olive St., Greenfield, MA (on behalf of the Participants who are certain municipalities within the County of Franklin, Commonwealth of Massachusetts) hereinafter called the PARTICIPANTS. The SELLER agrees to sell and the PARTICIPANTS agree to buy materials and/or services particularly described as follows: As further described in Attachments A and B (Award document with Bidder s submission and Invitation for Bids/Specifications including list of Participants ) 1. The PARTICIPANTS agree to pay the SELLER for said materials and/or services in the following manner: See Attachments A and B. The FRCOG bears no responsibility for payments to the SELLER, and all scheduling, acceptance of products/services and invoicing shall be done directly between the SELLER and the INDIVIDUAL PARTICIPANT. 2. The SELLER agrees to deliver said materials and/or perform such services: See Attachments A and B 3. Title to said materials and/or services shall not pass to the PARTICIPANTS until delivered and/or performed and accepted by the PARTICIPANT, and the risk of loss shall be that of the SELLER until delivered and/or accepted by the PARTICIPANT. 4. The contract period shall be from December 1, 2015 through November 30, FRCOG may extend the contract for two additional one year terms. 5. The following contract terms apply to all contracts involving Delivered products: Modification, Waiver of Change No modifications, waiver or change shall be made in the terms and conditions of this Agreement, except as may be mutually agreed upon in writing by all parties hereto. Successors and Assigns This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of each of the parties hereto. Violation of Law The Contractor shall strictly observe and comply with all federal, state and local laws and regulations which may govern the work to be performed as herein specified..

9 Nondiscrimination The Contractor shall not discriminate against any person because of race, gender, age, color, religion, ancestry, handicap, sexual orientation, sexual identity, gender identity, veteran status, national origin or any other protected class under the law. Governing Law This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Venue and Jurisdiction Venue and jurisdiction of any action will only be brought in the Commonwealth of Massachusetts, County of Franklin. Termination Any party may terminate this Agreement by giving thirty (30) days notice to the other parties. Entire Understanding This Agreement, together with the attachments hereto, if any, represent the entire understanding of the parties, and neither party is relying upon any representation not contained herein. Severability In the event that any provision of this Agreement shall be deemed invalid, unreasonable, or unenforceable by any court of competent jurisdiction, such provision shall be stricken from the Agreement or modified so as to render it reasonable, and the remaining provisions of this Agreement or the modified provision as provided above, shall continue in full force and effect and be binding upon the parties so long as such remaining or modified provisions reflect the intent of the parties as of the date of this Agreement. Further, should this Agreement omit any statutory or regulatory requirements which would otherwise render this Agreement illegal, then this Agreement shall be deemed amended to the minimum extent necessary to comply with said statutes or regulations. Insurance The Contractor shall, at all times during the Contract, maintain in full force and effect: Employer's Liability, Workers' Compensation Commercial General Liability and Property Damage Insurance, including contractual liability coverage for the provisions of the Section herein entitled Indemnity. All insurance shall be by insurers and for policy limits acceptable to the Council and, before commencement of work hereunder, the Contractor agrees to furnish the Council with certificates of insurance or other evidence satisfactory to the Council to the effect that such insurance has been procured and is in force. For the purpose of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: COVERAGES LIMITS OF LIABILITY Worker's Compensation Statutory ** Employer's Liability $500,000/$500,000/$500,000 Automobile Liability General Liability $1,000, combined single limit for bodily injury and property damage $1,000, each occurrence $2,000, aggregate Excess Umbrella Liability $1,000, The Council and the Participating Towns/Fire Districts shall be named as an additional insured under the liability and automobile insurance. The general liability insurance policy should contain a broad form general liability endorsement.

10 Licenses and Fees The Contractor shall obtain all licenses and permits required to conduct the activities pursuant to this Agreement and shall promptly pay all fees, taxes or other state or municipal costs necessary for said licenses, permits or activities. Compliance with the Law The Contractor shall conduct operations under this Agreement in compliance with all applicable laws, regulations, rules, by-laws and codes of the local, state and federal government such provisions being incorporated herein by reference, provided however, the General Specifications shall govern the obligations of the Contractor where there exists conflicting ordinances on the subject. Availability of Funds The compensation provided by this Agreement is subject to the continued availability of Town funds and appropriations and the continued availability of any other funds anticipated or earmarked for the work hereunder. Access to Records Contractor will make all books, accounts, data, records, reports, files and other papers required to be kept or kept in the course of the work to be performed under this Agreement available at all reasonable times for inspection, review and audit by the Council or its authorized representative. Rights and Remedies The Council's rights and remedies provided in this Agreement are in addition to any other rights and remedies provided by law. Indemnity a. To the fullest extent permitted by law, the Contractor shall defend, indemnify, and save harmless the Council, the Participating Towns, and their respective duly elected or appointed officials, agents and employees (referred to collectively as Council and Participants ) from and against all demands, claims, damages, liabilities, losses, costs, and expenses (including, but not limited to, reasonable attorney fees) (referred to collectively as demands ) arising out of or resulting from any work performed pursuant to this Agreement including but not limited to any negligent acts, errors, or omissions of the Contractor, any subcontractor of the Contractor, or any person directly or indirectly employed by any of them, or by a defect of a product or design supplied by the Contractor or subcontractor. Such obligation shall not negate, abridge, or reduce in any way any additional indemnification rights of the Council and Participants, that otherwise may exist under statute or in law or equity. b. Contractor assumes full responsibility for relations with any subcontractors employed directly or indirectly by the Contractor and the Contractor shall defend, indemnify, and save harmless the Council and Participants from all demands made against the Council and Participants by such subcontractor, such subcontractor s agent or employee, or any person, as the result of such subcontractor s work performed pursuant to this Agreement including but not limited to negligent acts, errors, or omissions that arise out of, result from, or are connected with the performance of this Agreement or any subsequent Agreement and is not otherwise subject to indemnifications under subparagraph a above. c. The Contractor shall defend, indemnify, and hold harmless the Council and Participants from any and all demands relating to wages, overtime compensation, or other employee benefits by employees employed directly or indirectly by the Contractor for work performed in connection with the work hereunder or required by state or federal law, including but not limited to Fair Labor Standards Act and Massachusetts Prevailing Wage Law.

11 d. The indemnification obligations of the Contractor and subcontractor shall not be limited in any way by any limitations on the amount or type of damages, compensations, or benefits payable by or for the Contractor or subcontractor under any federal or state law. e. In the event of a breach of this Agreement by the Contractor, the Contractor shall pay the Council and/or Participants all reasonable attorney fees, costs and other litigation expenses incurred by the Council and Participants in enforcing their rights as a result of said breach in addition to any damages for said breach. In witness whereof the parties hereto have subscribed their hands and seals on the date first above written. SELLER Company Authorized Signature FRANKLIN REGIONAL COUNCIL OF GOVERNMENTS on behalf of the Participants per their Cooperative Purchasing Agreement. Andrea Woods, Chief Procurement Officer Printed Name of Above Telephone/Fax address

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