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HomeMy Public PortalAbout150-2019 - Sanitary - Dukes - Sewer Rapid Assessment ToolPURCHASE AGREEMENT ORIGINAL THIS AGREEMENT made and entered into this day of , 2019, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners and its Storm Water Management Board, with its office at 50 North 51n Street, Richmond, Indiana 47374 (hereinafter referred to as the "City") and Duke's, 1020 Hiawatha Blvd., West, Syracuse, NY 13204 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORD City hereby agrees to purchase from Contractor one (1) Sewer Line Rapid Assessment Tool (hereinafter referred to as "SL--RAT") for the sewer maintenance department of the Richmond Sanitary District (hereinafter referred to as "RSD"). This tool, a sole source tool, makes an assessment of a sewer line and enables RSD staff to quickly assess the condition of the line. This SL-RAT, 'a unique product, is a sole source. No other vendor was solicited. Contractor sent to City a Sales Quote; dated August 27, 2019, which Sales_ Quote is five (5) pages and is attached hereto and incorporated by reference herein as Exhibit "A". Said Exhibit "A" also includes a quote for an optional battery charges, a safety yellow foam frame cushion, plus one-- half day of training and shipping and handling costs. 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 personnel 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 and/or warranties; 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. SECTION III. PURCHASE PRICE City shall pay Contractor a sum not to exceed Twenty -Five Thousand Three Hundred -Ten Dollars and No Cents ($25,310.00) for one (1 ) Sewer Line Rapid Assessment Tool, along with a second battery charger and a safety yellow foam frame cushion. In addition, the sum includes one-half day of training RSD staff with the SL--RAT tool and shipping and handling charges. The monies to be paid to Contractor are based upon the bid submitted by Contractor, which bid is set forth in Exhibit "A", and attached with this Agreement and made a part hereof. Contract No. 150-2019 Page 1 of 3 The monies to be paid to Contractor shall be divided equally between the Richmond Sanitary District and the Storm water Management Board, with each entity to pay Contractor the sum of Twelve Thousand Six Hundred Fifty --Fifty Dollars and Non Cents ($12,655.00). Delivery is to be made by Contractor to the Richmond Sanitary District, 2380 Liberty Avenue, Richmond, Indiana during normal business hours of Monday through Friday from 6:00 A.M. to 3 :00 P.M. excluding Holidays. The delivery time for the above described equipment is no later than December 6, 2019. SECTION IV. PROHIBITION AGAINST DISCRIMINATION 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, ten'ns, 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. SECTION V. MISCELLANEOUS This Agreement is personal to the parties hereto and neither ,partly 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 Wayne County, 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 form, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may. have to bring such suit in front of other tribunals or in other venues. In the -event of any breach of this Agreement by Contractor, and in addition to any remedies, Contractor shall be liable for costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees, to the proportionate extent that Contractor is determined to be in breach of this Agreement. 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. Page-2 of 3 If any portion of this agreement is declared unenforceable by a com I or tribunal, all other -portions shall remain in full force and effect. Any person executing this Purchase Agreement in a representative capacity hereby warrants that he or she has authorization, in writing, by his or her principal to execute this Contract on behalf of the Contractor and that such authorization has not been revoked or rescinded. 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" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commi ioners By: e Miller, President Amari Bakshi, Vice President -00 teins, Member Dated: THE CITY OF RICHMOND, INDIANA, by and through its Storm water Manage t Board re ins, President A Bakchi, Vice President Sue Miller, Member Dated: OV(1349 "5 3 of 3 "CONTRACTOR" nuxE's i�po�C041rolJoic, By:/ZL� Printed: hq L . 13o ko Title: VIce )2res-;Wen Dated: w C) C11 00 C) i. LO 0 Q &s, dg Ef} lfl LLO O O O C) V-� Lf7 O O LC5 C'] t - LL7 N CAI co co U). 0 o 60 6s u-, 6s LO a v as ti n rm-o LON co N r CV a] 0 O m C� c ca � �, Q ta D C O O C)0 0 to C) C) C) 0 N r N com r U o ❑ L v 0 CO rn rn I- r �y m C)Q) LL Z N CC) 07 C� O . Ili 0, .E W O I] co E m m m m ai LO a co > rn a) 5 n- 6 x C (D .� E (a) .o 7 LU n c n r 0 a) 4d) r r r r r ❑4 Co V 0 .0 r C _ `_• O • LL. = s of E fl O � co U] Uto L c L❑.. C C) � C)C: C V 3; Q C = ' [Q C3 a) sn � �+ cana � 0) ❑ �xm mo o' �... ... 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Push the CENTER button when done. Do this on both the Receiver (Rx) and Transmitter (TX) unit. once completed, you should see the following screen: Step 3. Place RAC and TX units ,ovdr a manhole Remove manhole lids at both ends off -a connected sewer pipe segment. Place the RX unit over the manhole at one end, and the TX unit at the other end. Step 4. Prepare RX unit for pipe inspection On the receiving unit, push the CENTER button ("START TEST") to setup a test. You should see the screen below. WO If you agree with the GPS Estimated Pipe, Length, then push the CENTER button ("START TEST") to continue. (if you want to adjust the pipe length, push -the -RIGHT button ("CHANGE") to cycle through various pipe lengths, then push the CENTER button). You should see the screen below: ❑o not press the CENTER button ("START RX") until the transmitting -unit (TX) has started (Step 5). Signal to the operator with the transmitting unit that you are ready for them to start the transmitter. Proceed to�ttie next page.. InfoSense. Inc �� / � �' ���mm . Innovating Acoustic lnspectlon TechnologY'61 Sewer Line Rapid Assessment Took (SL-RAT) Qukk Start Guide (refer to owner's Manual for detailed instructions) Step 5. Start TX unit speaker, begin listening with RX On the transmitting unit, push the CENTER button ("START TEST"). You will see the following screen: Push the RIGHT button ("START") to begin the test. Once the Transmitter has started (you will hear a series of tones), signal to the operator with the receiving unit to begin listening with the RX unit). on the Receiver, push the CENTER button ("START RX") to begin listening. You shoufd�ALwi4�V.5 surf the tray smittier h'efore the receiver] Step 6. wait for test to complete You will see the following screens while the test is running: Transmitter (TX) Receiver (RX) =� �ari�:qu�nTt F ione.�So uenc The trans-mitter will go through a series of tones 6-to 12 times. You can stop this at -any time by holding the CENTER ("END") button. Once the test is completed, the RX unit will show some feedback regarding the pipe condition ("GOOD", "FAIR", "POOR`", "BLOCK", etc.). You will see the following screens when the test is complete: Transmitter (TX), Receiver (RX) ng eR..meUln te .laW!" _ " _ Step 7. Prepare for next test Transmitting Unit: Push the CENTER button ("RETURN"). You will see the following screen: � DWUTime .� � RWCA t � arl txtnes 3:.A = - .., rlarT5�:x v. Receiving Unit: Push the CENTER button ("RETURN"). You will see the following screen: Record the Record ID and the Result in a manual log. if the measurement was valid, ,push the RIGHT button ("SAVE") -to complete the test. You have; now. t, iDMplete.d an; acoustic pipe, inspect on using the 8LA1'. 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Street • Suite B3203 Charlotte, NC 28273 USA Info Sense,'Inedrporated in Chdrlotte, North Carolina is the sole manufacturer, supplier and distributor of the Sewer Line sapid Assessment Tool or SL-RATO and its supporting software, the Sewer Luke Data.Organizer or SL--D C QTM, Duke's Root Control is a manufacturer's representative for the state of Michigan, Ohio, and Indiana, You may contact them at (614) 354•- 327 ox• email fob Hurin at bob aes,com, The SL--R,JATI line of acoustic pipe inspection equipment is patent -protected under U.S. Patent #8220484 and other pending patents, InfoSense manufactures the only product that uses.Active Acoustic transmissio-ns between a transmitter and a receiver hi adjacent pipes to provide an aggregate blockage assessment. The SL-RAT' makes use of the Ad that water and air flow similarly within a pipe. Our proprietary algorithms exploit this fact to assess blockage within a pipe segment — typically within 3 minutes or less anal: YvIth no flow contact, Sincerely,' Alex Churchill CEO InfoS ense, MOO . Past Whiner WFInnovaflye T eclinology Aivaied gorcer-fillp, IWO