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Home My Public Portal About143-2012 - Best equipment-4 lease vaacuumsPURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this /'day of 2012, 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 Best Equipment Co., Inc., 5550 Poindexter Drive, Indianapolis, Indiana, 46235 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish four (4) trailer -mounted leaf vacuum machines (hereinafter referred to as "equipment") for the City of Richmond Street Department. A Request for Quotes dated September 12, 2012, has been made available for inspection by Contractor, is on file with the Director of the Office of Purchasing and Street Department, is hereby incorporated by reference, and made a part of this Agreement. Contractor agrees to abide by the same. Contractor's response to said Request for Quotes is attached hereto as "Exhibit A", which Exhibit is dated September 25, 2012, consists of consists of two (2) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to comply with all terms and conditions contained in "Exhibit A." Delivery of any equipment that does not meet all specifications listed on "Exhibit A" will be considered a breach of this Agreement. 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. The Contractor shall furnish all labor material, equipment, and services necessary for and incidental to the proper completion of this Purchase Agreement. 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 2. 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 completion of this Purchase Agreement. Contract No.143-2012 Page 1 of 5 SECTION III. COMPENSATION City shall pay Contractor the quote amount described on "Exhibit A" for the equipment, provided that Contractor's total compensation shall not exceed Seventy-seven Thousand Two Hundred Eighty-one Dollars and Zero Cents ($77,281.00) for purchase of the equipment (quoted at the price of $19,320.25 for the higher horsepower equipment units as set forth in Exhibit A) pursuant to this Agreement. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until 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 and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete 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 effective date by Contractor, but shall be relieved of any other responsibility herein. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. 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 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. Page 2 of 5 Cov_ . era2e A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 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 Iaw, 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. 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 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 VIII. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-1.0, 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, Page 3 of 5 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. 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 monies 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 IX. 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 X. 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. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It 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. 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 suit arising under this Contract, if any, 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. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. Page 4 of 5 In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be Iiable for all costs incurred by City due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. In the event that an ambiguity or 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" THE CITY OF RICHMOND, INDIANA BY AND THROUGH ITS Board of Public Works and Safety ,r By: Vicki Robinson, President f 0- By: Am/x/ Dian Lawson, Member fIn Date: APPROVED: Sarah L. Hutton, Mayor Date: /% ,�, -L— "CONTRACTOR" BEST EQUIPMENT 5550 Poindexter Drive Indianapolis, IN 46235 Title: Secretary/Treasurer )ate: Dec. 3, 2012 Page 5 of 5 Ll_ 5550 Poindexter Drive, Indianapolis, Indiana 45235 Tel: 317,823.3050 or 800.372.2378 FAX: 317.823.3060 12359 Abbey Road, North Royalton, Ohio 44133 Tel:440.237.3515 or 888.323.2378 FAX: 440,237.3765 Elate. September 27, 2012 TO: City of Richmond 50 N. 5t^ St. Richmond, IN 47374 Four (4) 2012 rl�-�#�, Vacuum Debris Collector Model XV600 • Quality tat} and slot construction technique used throughout the manufacturing process • Quality nylon nuts & bolts and stainless steel rivets used throughout • 400 rotated housing is constructed out of 10-gauge steel • Replaceable slip -in '/a" thick abrasion resistant steel liners • Clean -out door with engine safety switch + 16" diameter x 43" long rubber discharge hose capable of telescoping up to 24" • 32" diameter suction fan with six 3/8" thick T-1 steel blades Impeller supported by a 2-1/4" dia. shaft and two 2-1/4" diameter 4 bolt roller flange bearings 4 Grooved grip -notched power band belt drive for suction fan • HD Rubber suction hose: 16" diameter x 10' long stored toward the front of the unit • Suction iro�E has quick disconnect with engine safety swatch Bearing mounted hydraulic overhead boom powered by an electric/hydraulic pump Cummins B3.3 Interim Ter 4; turbo charged 3.3 liter diesel engine 74 HP (two year warranty) + 13" clutch with side load PTO 12-volt battery Mounted in trailer bed • 44-gallon cross-link polyethylene fuel tank with sight gauge • Hinged secondary radiator screen constructed from 1" expanded metal & 1/8" hardware cloth • Illuminated tachometer, hour meter, ammeter, temperature & oil pressure gauge + High temperature / low oil pressure engine safety shutdown system • LED indicator lights to show what function caused the engine to shutdown + Trailer is formed 1/4" thick steel with channel members on the ends for additional support • Single rubber Torflex axle with EZ tube hubs and a rating of 6,000 pounds ST225-75-R15 radial tires mounted on steel wheels with steel fenders Electric brakes with a breakaway actuator • 4" x 5" Telescopic trailer tongue that slides into a full-length receiver tube • H.D height adjustable pintle eye with three quick release pins requiring no tools • Parking jack with 5" swivel castor wheel • DOT trailer lights LED and an amber LED flasher light In rear • Rake and tool rack + All components pre -painted with Sikken paint — main unit: Customer choice of color EXHIBIT PAGE SOP Price per unit: $19.320,25 Warranty Information: unit is I year, Engine is 2 years 2000 hours Lead-time is approximately 60-75 days ARO for the XV600, Four LCT65 Units are In -stock and Ready for Immediate Delivery, but are subject to prior sale. If LC1765 unit has to be ordered lead time is approximately 60 to 75 days ARO. Options: 1. PTO Safety engagement system, Available for both units, $300.00 2. HD Intake Nose, for LCT65 Unit Only, $525.00 each Proposed By: Charles Parsley Purchaser: Best Equlpmenf Co. Sales f understand, agree with, and accept the termsand Conditions as described above on this sales quolation. Contact us via Internet at: www.bestequ[prnentoo.com EXHIBIT - PAGE 0 DEU-U3-�U12 NUN IU:U3 AN FAX NU, F. U3/u3 <' A CORD, PROOUCER INSURED FEDERATED MUTUAL INSURANCE COMPANY Horne Office: P.O. Box 328 Owatonna, MN 55060 Phone: 1-888-333.4949 BEST EQUIPMENT CO INC 5550 POINDEXTER DR INDIANAPOLIS IN 46235 s. s' ji??a DATE iMMIOQIY120 YI 21 IN THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT APPEND, EXTEND OR ALTER THE COVERAGE AFFORDS] BY THE POlICIFS BEI nw. COMPANY FEDERATED MUTUAL INSURANCE COMPANY OR A FEDERATED SERVICE INSURANCE COMPANY 121.660-5 COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORfTHE POLLLICC.,+.,.;.t..... Y PERIOD INDICATFO, NOTWTTHSTANDINC ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WMICII THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU13JFCT TO ALL THE TEtR.S, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMrf 5 SHOWM MAY HAVr• wrrm Prnl Iri=n nv itAim rl AUAQ 00 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATEIMM)DONY1 POLICY EXPIRATIONLTH, DATE(MM1DDfYY) LIMITS QCNERAL LIABILITY GENERAL AGGRCGATF. 8 COMMERCIAI, GENEFAL LIABILITY CLAIMS MADE u OCCUR PROOUC76 - COMP/OP AGG 94 PERSONAL ✓1 ADV INJURY DWNCR'S & CONTRACTOR'S PRDT EACH OCCu8neNCE _s G FIRE DAMAGE IAnY One }Ira! 5 WED EXP (Aoy oho poraan) I AUTOMOBILE W LIADILITY ANY AUTO COMBINED SINGLE LIMIT 6 ALL OWNEO AW706 SCHEDULED AUTOS BODILY INJURY rPer percunf � hIIRCD AUTDB NON -OWNED AUTOS earmardonrl IPar acrldan[I s PROPERTY AAMAQF e — A GARAGE LIABILITY X APIY AUTO -' 9021920 12/01/12 12/01/13 AUTO ONLY - CA ACCIOFNT 9 500,000 OTHP.'R THAN AUTO ONLY; EACH ACCIDENT ... t 50";— AGGRCGA'rR 9 1,000,000 A EkCESS LIABILITY X UMARELLAFORM 9021921 12/01/12 12/01/13 EACH OCCURRENCE AGGREGATE _ o 2 000 000 9 2,000,000^� OTHER ThIAN UMRRCLLA FORM G .I .} • ., WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X EL E_ACN ACCIDENT 6 500 000 A THE PROPRIETOR! INCL PAR3NER51CXCCU7IVE 9915082 12101112 12/01/13 EL OISCAEF - POLICY LIMIT G 500 Q00 EL DISEASE - CA EMPLOYE"c 9 FJOO OOO OFFICERS ARC: EXCt OTHER w, n._ . ! ..n l! IYVIYGfIIVLLONI-CL INL I I CIYIO THE CITY OF RICHMOND 85 SHOULD ANY OF THE ABOVE P%CRIBEO POLICIES B6 CANCELLED BErORE THE 2380 LIBER [ AVE EXPIRATION OATS THEREOF. THE ISSUING COMPANY WILL ENOCAVOR 10 MAIL RICHMOND IN 47374-7282 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDCR NAM$D TO THE LEFT, DUY FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE No OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES, . - AUTdOR12ED REPRESENTATIVE