HomeMy Public PortalAbout062-Elevator City Bldg.AGREEMENT
THIS AGREEMENT made and entered into this 1 — day of Juh e- 2004, 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 Schindler Elevator
Corporation, 2325 Executive Drive, Indianapolis, Indiana, 46241-5008 (hereinafter referred to as
the "Contractor").
SECTION L STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to install two (2) hydraulic jacks on the passenger elevators located
within the Richmond Municipal Building.
A Bid Specifications dated April 28, 2004, has been made available for inspection by Contractor,
is on file in the office of the Purchasing Director and is hereby incorporated by reference and
made a part of this Agreement. Contractor's response to said Bid Specifications is attached
hereto in part as Exhibit "A", which Exhibit is dated May 12, 2004 and made a part of this
Agreement. Contractor shall deliver and install hydraulic jacks that conform with all specification
described on Exhibit "A", and shall further conform to any applicable specification or regulation
imposed by the State of Indiana or other governmental or regulatory authority.
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. Contractor warrants that all work performed and materials
supplied shall be free from defects for a period of at least one (1) year following the completion
of all work herein.
The services performed by the Contractor shall meet all applicable standards of professional
competence. Additionally, Contractor shall be available to and shall respond within a reasonable
time to any questions City or third parties dealing with the City may have regarding such
services.
No work shall commence until the City is in receipt of any required bonds and certificates of
insurance, if such are required, and until 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 work.
Contract No. 62-2004
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SECTION III. COMPENSATION
City shall pay Contractor a sum not to exceed Forty-six Thousand Three Hundred Fifty-four
Dollars and Twenty Cents ($46,354.20) for the timely and satisfactory completion of all work
specified in this Agreement. Payment shall be made as specified in Exhibit "A".
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until the completion of the work described herein.
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 any report or other work product that is
incorrect, incomplete or fails to meet reasonable professional standards in any
material respect;
c. unavailability of sufficient funds to make payment on this Agreement;
d. impossibility due to destruction of the subject matter of the contract;
e. failure of Contractor to use the required materials; or
f. any act on Contractor's part that amounts to an anticipatory repudiation of 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
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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.
Coverage Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $300,000 each occurrence
$300,000 aggregate
Section 2. Property Damage $100,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $300,000 each person
$300,000 each occurrence
Section 2. Property Damage $100,000 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. PROHIBITION AGAINST DISCRIMINATION
A. 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:
Page 3 of 5
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;
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;
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 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 VIII. 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
delegation, without the prior written consent of the other party, shall be void. This Agreement
shall be controlled by and interpreted according to the laws of the State of Indiana 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. Any previous discussion, negotiation, or dialogue relating to the subject matter contained
herein is superseded by this Agreement. Furthermore, both parties agree that no discussion,
representation or negotiation, other than that contained herein, has transpired relating to the subject
matter of this Agreement and that neither party is relying upon any negotiation or discussion that took
place prior to this Agreement.
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 the venue and jurisdiction of the courts of Wayne County, Indiana,
and any suit arising under this Contract must be filed in said courts. By executing this
Agreement, Contractor expressly waives the right to, and is estopped from, bringing any action
regarding this Agreement in alternative courts, tribunals, or venues. The parties specifically agree
that no arbitration or mediation shall be required prior to the commencement of legal proceedings
in said Courts.
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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 at law or in equity, 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.
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
By: �.
John Kenny, President
Date: to / "% �
APPROVED:
�S"arah L
Date: (1//�/
rl
utton, Mayor
"CONTRACTOR"
SCHINIDLER ELEVATOR
CORPORATION
Title:'Br'�ft,.�c� iYIPtN,AC,£{2
Date
Page 5 of 5
4e3 - 25
SCHINDLER ELEVATOR CORPORATION
2325 Executive Drive
Indianapolis, IN 46241-5008
Phone: 317-486-0906
Fax: 317-486-1016
UPGRADE ORDER AGREEMENT
C
L
Date: May 12, 2004 Estimate Number: FKOH-5X3W3Q (2004.1)
's
To: Building: N
City of Richmond Richmond Municipal Building
50 North Fifth Street 50 North Fifth Street
Richmond, IN 47374 Richmond, IN 47374
Attn: Ms. Vicki Stevens
Equipm nt: Two ydraulic Passenger Elevators State Numbers 34793 & 34794
Schindler hereby proposes to furnish and install the following with respect to the equipment located at the above
building:
REPLACEMENT HYDRAULIC JACK
A new hydraulic jack complies with all current ASME -A17.1 codes, including double -bottom design for added
safety.
Schindler proposes to provide all labor, material, engineering and supervision required to perform the following
scope of work during regular working hours of the elevator trade:
Carefully secure the elevator car in the hoistway to permit work on the jack.
Remove existing jack from casing hole.
Install new jack, which .features double -bottom design.
Install code required PVC lining.
Replace hydraulic jack oil as required.
Return elevator to operational status
Arrange for necessary State Inspection of the alteration.
Return car to normal operation after successful Inspection.
Lead Times
Manufacturing of material is 6 to 8 weeks after all -approvals.
Installation is 3 to 4 weeks per elevator. Work will be performed on one elevator at a time.
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WORK NOT INCLUDED IN PROPOSAL
In conjunction with the jack replacement, Schindler shall not be responsible for remedial work that may be
required to deal with underground contamination resulting from oil loss from the existing jack. Removal and
disposal of hazardous materials is by others. No drilling activities are included -in this proposal, and if required
will be proposed separately.
Schindler cannot be held responsible for uncontrollable factors that may occur while performing this work. The
condition of the existing casing (or lack of casing) and hole is unknown. Removing the existing jack may uncover C
a cylinder hole filled with sand or other debris, requiring additional work to install the new jack. If such additional
work becomes necessary we will provide a separate proposal. .a
C
Required cutting and patching of floor, walls, and other building structures needed to accomplish the work, is to
be provided by others. Schindler is not responsible for "re-location/restoration" of non -elevator related
equipment for the accomplishment of the work: this includes, but not limited to: doors, walls, electrical services,
HVAC systems or other building obstructions which may interfere with the work.
Schindler shall not be responsible for unforeseen conditions such as, but not limited to:
- Presence of water preventing PVC/jack placement..
- Building conditions, which may hinder progress of work, not present at time of estimating.
- Inadequate space to set new hydraulic jack. Such conditions may be .precipitated by, but not limited to:
o Design changes in hydraulic cylinders compared to existing
o Inadequate sized casings (existing) compared to new hydraulic units.
- Additional resources mandated by'Site Specific' Locations. Such conditions may be precipitated by, but
not limited to:
o More stringent Owner safety regulations than at the time of estimating.
o Restricted personnel movement.
o Requirement(s)/mandates to re -locate material, once storage is established.
o Abnormal delays experienced in gaining specific 'permits' to work, burning, electrical control,
etc.
o Delays for reasons beyond Schindler's direct control.
- Accelerated schedules, beyond those established at the time of estimating.
- Other building work which may be deemed necessary by State of Indiana Acceptance Testing:
o Upgrading electrical systems servicing the elevator equipment
o Building alterations mandated to meet more stringent code/inspection requirements
o Any other non -elevator related changes
Price: $46, 354.20, plus applicable taxes. (Quotations valid for 60 days; price based upon work during
regular working hours of regular working days.)
Payment: 25% of the price is due upon acceptance of this proposal;
50% of the price is due as work progresses within 30 days of invoice;
Balance due upon completion, within 30 days of invoice.
EXHIBIT PAGE OF
sno�
Schindler Elevator Corporation
Date: Rine 15, 2004 Revised August 10, 2004
Supplement No. 1 to Subcontract (Trade Contract) Agreement
Between CITY OF RICHMOND, INDIANA by and through its BOARD OF PUBLIC WORKS AND
SAFETY ("G.C."; "C.M.' ; "you"; "your") and Schindler Elevator Corporation ("SEC"; "we"; "us";
"our")
Subject: Richmond Municipal Building
This Supplement No. 1 is to clarify the contract conditions of the above Agreement. Notwithstanding
anything to the contrary in the contract documents, any conflict between this supplement and the
Agreement or any other contract documents will be resolved in favor of this Supplement No. 1.
1. Our proposal dated May 12, 2004, and any and all other correspondence and clarifications from us to you
for the above -described project, are fully incorporated herein by reference.
2. The following additional modifications are included:
a. In Section IV, add: Neither party shall be responsible for any loss, damage, detention or delay
caused by labor trouble or disputes, strikes, lockouts, fire, explosion, theft, lightning, wind storm,
earthquake, floods, storms, riot, civil commotion, malicious mischief, embargoes, shortages of
materials or workmen, unavailability of material from usual sources, government priorities or
requests or demands of the National Defense Program, civil or military authority, war,
insurrection, failure to act on the part of either party's suppliers or subcontractors, orders or
instructions of any federal, state, or municipal government or any department or agency thereof,
acts of God, or by any other cause beyond the reasonable control of either party. Dates for the
performance or completion of the work shall be extended by such delay of time as may be
reasonably necessary to compensate for the delay. In Section IV, delete item c. in its entirety.
3. In Section V. line 2, delete "may arise", line 7, delete "may arise out of or result from"; and after "this
Agreement', add:" only to the extent caused by the negligence of this Subcontractor." Under "Coverage",
delete reference to umbrella in its entirety. Add the following: You agree to accept in full satisfaction of the
insurance requirements for this project, our standard Certificate of Insurance.
4. Add to Section VII, "In regards to Nondiscrimination provision add the following language:
"Notwithstanding anything to the contrary, Schindler Corporation will not be hiring specifically to
man this project but intend to use its current employees. Schindler Corporation has a current
affirmative action plan in place. Schindler will make its best effort to meet the goals. If there are
openings we will contact the International Union of Elevator Constructors (IUEC) local to assist in
this requirement. Schindler is signatory to a Standard Agreement with the IUEC on hiring terms
and conditions."
5. In Section VIII, Miscellaneous, page 5 of 5, second paragraph, add: "Notwithstanding anything to the
contrary, the prevailing party shall be reimbursed for all reasonable costs and expenses, including
attorneys fees, incurred by the prevailing party in connection with any and all disputes between the
parties."
Please acknowledge your acceptance of the foregoing by affixing your signature below. Upon your
execution, this writing will become an integral part of our agreement.
ACKNOWLEDGED AND ACCEPTED BY:
CITY OF RICHMOND, INDIANA by and through
its BOARD OF PUBLIC WORKS AND SAFETY
By Unn U
J -9- VJ
Title
C� 1-�.-6 / a
Date
SCHINDLER ELEVATOR CORPORATION
Title
V Z3-vi
Date