HomeMy Public PortalAbout119-2014 - Sanitary - Action Equipment - New hotwater pressure washerORIGINAL
PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this day of dam`-' , 2014, by
and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board
of Sanitary Commissioners (hereinafter referred to as the "City") and Action Equipment Sales, Inc.,
5801 S. Harding Street, Indianapolis, Indiana 46217 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby agrees to purchase from Contractor one new Hotsy® 1075SSE Gas Engine Direct -Drive
Hot Water Washer, delivered.
A Request for Quotes dated August 13, 2014, has been made available for inspection by Contractor,
is on file in the offices of the Richmond Sanitary District, and contains Specifications consisting of
two (2) pages marked as Exhibit "A" hereto (including Addendum # 1), which is hereby incorporated
by reference and made a part of this Agreement. Contractor agrees to abide by the same, and shall
provide said hot water washer conforming with the requirements outlined in the Specifications,
except as otherwise indicated on Contractor's response.
The response of Contractor to said Request for Quotes is attached hereto as Exhibit `B," which
Exhibit is dated August 26, 2014, consisting of three (3) pages, and is hereby incorporated by
reference and made a part of this Agreement. Contractor shall provide all equipment, services, and
warranties, and abide by all terms listed on Exhibit `B."
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 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.
Contract No. 119-2014
Page 1 of 6
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. COMPENSATION
City shall pay Contractor a total sum of Five Thousand Nine Hundred Eighteen Dollars and Zero
Cents ($5,918.00) for the above described equipment, delivered.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect until
delivery and set-up 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. 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 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 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
Page 2 of 6
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
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 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. 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
Page 3 of 6
after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation
within the thirty (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.
SECTION VIII. 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 IX. 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, terms,
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:
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
Page 4 of 6
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 X. 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 which may arise in the course of Contractor's performance of its
obligations pursuant to this Agreement.
SECTION XI. 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. Any such
assignment or delegation 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. Both
parties expressly agree that this document supersedes all previous negotiations, discussions, or
conversations relating to the subject matter 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
under this Contract, must be filed in said courts. By signing this agreement, both parties are estopped
from bringing any action in alternative courts or venues. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in Wayne
County Circuit or Superior Court.
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.
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 due to the enforcement of this
Agreement, including but not limited to City's reasonable attorney's fees.
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.
If any portion of this agreement is declared unenforceable by a court or tribunal, all other portions
shall remain in full force and effect.
Page 5 of 6
SALLY HUTTON
Mayor
WILLIAM HARRIS
Director
CITY OF RICHMOND
DEPARTMENT OF SANITATION
2380 LIBERTY AVENUE•RICHMOND, INDIANA 47374
PHONE (765) 983-7450•FAX (765) 962-2669
TO: Action Equipment Sales, Inc.
FROM: Denise Johnson
RE: Signature for Agreement
DATE: September 25, 2014
Enclosed for your further handling, please find one original of the contract between your
company and the City of Richmond, Indiana.
Please sign the copy and return it to my attention at the letterhead address.
If you have any questions, please feel free to contact me at 765-983-7450.
Thank you.
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 Commissioners
r
By:
Sue Miller, President
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Date:
APPROVED:
Sarah L. Hutton, Mayor
Date:
7/�qZ-/�Y
"CONTRACTOR"
ACTION EQUIPMENT SALES, INC.
Printed name:
Title ; I O ^ eA c? `Ggg, I, a
Date: I Q
Page 6 of 6
PRICE REQUEST
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CITY OF MCHMOND
DEPARTMENTOFSANITATION THIS IS NOT AN ORDER
2380 LIBERTY AVENUE.RICHMOi�1CHMOND, AIDIAT�'A 47374
PHONE (765) 983-74509FAX (765) 962-2669
VENDOR
INSTRUCTIONS
This Is a request for a price for the services of materials
Action Equipment
described below. Any additional specifications may be
attached hereto. This is NOT an order and the City reserves
580) Harding Street
the right to accept all or part, or decline the entire proposal.
Please complete your full name and phone number below
Indianapolis, IN 46217
with signature; itemize all prices and charges where
requested; and attach any explanation for any substitution to
specifications altered. Return in a sealed envelope, in care of
Richmond Sanitary District Board of Commissioners to
the administration building at the address above by the
DATE:
REPLY MUST BE IN BY:
PAYMENT TERMS:
DELIVERY REQUIRED:
August 13, 2014
10:00 A.M on August 26, 2014
UPON RECEIPT OF INVOICE
DELIVERED
DESCRIPTION
This is a request for quotes for a new Hot Water Pressure Washer. Please see attached specifications. Please
include all warranty information with quote.
Return this sheet in a sealed envelope addressed to:
Richmond Sanitary District
Denise Johnson, Customer Service Mgr
2380 Liberty Avenue
Richmond, IN 47374
Re: Hot Water Pressure Washer
Questions? Call Karen Rodenburg, 765.983.7480
Quote Valid Until Z S'�L1
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Total Quote $ 4
STATE TAX EXEMPTION # 003121909-001
NAME OF FIRM QUOTING:
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DATE PHONE NUMBER
EXHIBIT -B— PAGE —LOFT
1
K"A COMPANY ON .THE MD.VIE
Action Equipment Sales Co, Inc.
5801 S. Harding St.
Indianapolis, IN 46217
Ph: (317) 788-9781 Fax: (317) 782-4124
Toil Free 800-333-0368
www.actionequipmentsales.com
To: Richmond Sanitary District
Attn: Denise Johnson
2380 Liberty Ave.
Richmond, IN 47374
Phone: (765) 983-7480
Qty. Part/Model #
Equipment Sales Quote
➢ Hotsy & Landa• Hot/Cold Pressure Washers
D Retnor• Waste Oil Furnaces
➢ Thermoblle• Waste Oil Heaters
➢ Val 6• Space Heaters
➢ Factory Cat* floor scrubbers & sweepers
➢ Waste Water Recycling and Evaporators
D Specialty & Industrial Chemicals
Date: Aug 2S, 2014
Dimensions: 47" 1. x 31" W x 4S" H 520 Ihs
Description
Unit Price
1 1.110-012.0 HotsyO 1075SSE Gas Engine Direct -Drive Hot Water Washer $ 7,299.00
• 4.0 GPM @ 3500 psi
• 13H Honda GX390 Engine w/ electric start
• Hotsy Triplex direct -drive pump w/ 7 yr warranty
• Sch. 80 Heating Coil w/ 5 year warranty
• 50' High Pressure Hose w/ 36' Insulated SS wand
• Wheel Kit Standard
i Side -mount Rapid -Reel Hose Reel, holds up to 150' hose, with mounting bracket ($240.00) N/C
1 Variable Pressure Wand Upgrade, allowing for wand control of pressure ($89.00) N/C
1 Upgrade standard 50' hose to 100' Dynaflex hose ($79.50) N/C
1 4 GPM Downstream Chemical Injector allowing for wand application of chemical ($ 74.60) N/C
Includes Delivery, Freight, Set-up, Training and the backing of Indiana's largest pressure washer Parts
and Service Department
Action Equipment and Hotsy stand behind these machines with the
following Warranty:
• 7 yrs on the pump oll-bath crankcase
• -Lifetime on the pump manifold
• 5 yrs on the heating coil Subtotal $ 7,398.00
• 1 yr parts & labor on entire machine` 20% Repeat Customer Discount ($1,480.00)
` excluding wear items such as pump seals, quick couplers
Total $5,918.00
Salesperson: Tad Williams Customer Acceptance
Terms: Net 10 or Lease Signature PO#
Delivery.: Delivered by Action
EXHIBIT _B_ PAGE �1 OFF
Action Equipment Sales, Inc.
5801 S. Harding St.
Indianapolis, IN 46218
PH (317) 788-9781
FAX (317) 782-4124
�,A,Av.aclionequipmentsales.com
''A COMPANY ON THE MOVE",
To: Denise Johnson/Karen Rodenburg From: Tad Williams, Action Equipment
Fam 765-962-2669 Pages: 3
Phone:.. 765-983-7480 Date: 8/25/14
Re: Hot Water Washer Quote cc:
❑ Urgent 0 For Review ❑ Please Comment ❑ Please Reply O Please Recycle
• Comments:
Denise,
We have enjoyed our relationship with Richmond Sanitary District through the years, and I hope that you will continue
to consider our Hotsy pressure washer line, as you seek a portable gas -engine unit to add to the three stationary
Hotsys you currently own.
I've stuckto you bid specs, with a couple of exceptions. Following a site surrey last Monday. It was determined by
Todd on your staff that a Whose would be too short, so I've upgraded the quote to Include a 100' continuous hose
at no additional cost I've also comp'd the hose reel and the variable pressure wand upgrade, which will be a big
safety feature for your end users, allowing them to control pressure at the wand.
Finally, we don't use General pumps anymore on Hotsys. General pumps are fine, but Hotsy has used their own
proprietary pump for 8 years, and it is backed by the best warranty in the industry. 7 years on the oil end, and lifetime
on the manifold.
For Clarity: Our warranty includes:
• 1 Year parts & Service on entire machine
5 Years replacement on heating coil
• 7 Years on oil -end of pump
• Uletime on brass pump manifold
90 day Money -Back Guarantee
Please call with any questions.
Thanks;
Tad Williams motile: 317-919-7434
EXHIBIT -Z- - PAGE -a--OF 3
�y yo SALLY L. HUTTON
u o Mayor
WILLIAM HARRIS
Director
CITY OF RICHMOND
DEPARTMENT OF SANITATION
2380 LIBERTY AVENUE•RICHMONO, INDIANA 47374
PHONE (765) 983-7450•FAX (765) 962-2669
REQUEST FOR QUOTES
The Richmond Sanitary District Is Requesting Quotes For
A New Hot Water Pressure Washer
Background
The Richmond Sanitary District is requesting quotes for a new Hot Water Pressure
Washer.
Minimum Specifications
New
GPM 4.0
PSI 3500
Pump EZ404OG
Powder coated steel frame
General pump
Roll cage with lift hook
4 Pneumatic tires
Schedule 80 coil
9 Gallon poly fuel tank
Honda GX390 w/electric start
Battery & marine battery box
Beckett burner
Trigger spray gun w/lance
50' high pressure hose
Hose reel mounted on frame for high pressure hose
Chemical injector
4 QC spray nozzles
1 QC chemical nozzel
Pressure relief valve
Thermal relief valve
Warranty coverage
Equipment Service Availability
Training
Include Cost for Delivery to Richmond Sanitary District
EXHIBIT _ PAGE _J_0F1J
Date: August 15, 2014
To: All Bidders
From: Karen Rodenburg, WWTP Superintendent
RE: - Portable Hot Water Pressure Washer
ADDENDUM #1
This is "Addendum #1". This addendum is in reference to the above -mentioned services,
• Please indicated lead time for delivery of Portable Hot Water Pressure Washer
• Six (6) pages of additional documents as requirement by the City of Richmond enclosed
Please mark Addendum #1 on outside of envelope when returning quote.
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UIEXHIBIT PAGE _j�LOF 1�