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Home My Public Portal About029-2018 - Purchasing - Murphy Elevator Company - MaintnenanceAGREEMENT THIS AGREEMENT made and entered into this lb46 day of 2018, and referred to as Contract No. 29-2018 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 The Murphy Elevator Company, Inc., 2525 North Shadeland Avenue, D-6, Indianapolis, IN 46219 (hereinafter referred to as the "Contractor'). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform elevator maintenance of all elevators located at the City Building, the City parking garage, the Richmond Sanitary Intermediate Pump Building, and the Richmond Sanitary Laboratory Building. Certain Bid Specifications dated January 10, 2018, have been made available for inspection by Contractor, are on file in the offices of the Director of Purchasing for the City of Richmond, and are hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Bid Specifications is attached hereto as Exhibit A, which Exhibit is dated January 22, 2018, consists of four (4) pages, and is also hereby incorporated by reference and made a part of this Agreement. 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 finish all labor, material, equipment, and services necessary which are incidental to 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. The Contractor shall provide, at its own expense, competent supervision of the work. THE MURPHY ELEVATOR CO Contract No. 29-2018 MAR 6 ' 2018 Pagel of 6 SECTION III. COMPENSATION City shall pay Contractor a total sum not to exceed Seven Hundred One Dollars and Twenty Cents ($701.20) per month for complete and satisfactory performance of the work required hereunder for the first two (2) years of this Agreement. For the remaining two (2) years of this Agreement, the monthly pricing will be adjusted as follows: Ninety percent (90%) of the listed monthly price will be adjusted, up or down, based upon the percentage change in the hourly mechanic rate; and Ten Percent (10%) of the listed monthly price will be adjusted, up or down, based upon the percentage change of Wholesale Metal and Metal Indexes with the index baseline calculation as of November 2017 to be 210.3. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective as of March 1, 2018, and shall continue in effect until March 1, 2022. 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, 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. Page 2 of 6 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. 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 $2,000,000 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. Page 3 of 6 SECTION VIII. 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 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 IX. " 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 X. 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: 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 Page 4 of 6 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 acting 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 XI. 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 XII. 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. Page 5 of 6 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 Go'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 B �. Y� Vicki Robinson, President By:s Richard Foore, Member j APPROVE:D:Z( _t'f JSn ayor Date: 0 2 ( 9 "CONTRACTOR" THE MURPHY ELEVATOR COMPANY, INC. 2525 North Shadeland Avenue, D-6 Indianapolis, IN 46219 Title: 642-� Date: Page 6 of 6 CITY OF RICHMOND 50 North Fifth Street Richmond, Indiana 47374 (765) 983-7200 Murphy Elevator ATTN: Fred Koch 2525 N. Shadeland Ave.-D6 Indianapolis, IN 46219 PRICE REQUEST THIS IS NOT AN ORDER INSTRUCTIONS This is a request for a price or quote for the services or materials described below. Any additional specifications may be attached hereto. This is not an order and the City reserves the right to accept all or part, or decline the entire proposal. Please complete your full name, address, and phone number below with signature; itemize all prices and charges where requested; and attach explanation for any substitution to specifications altered. Please return in care of Purchasing to the address above by the specified date and time to be considered unless otherwise specified. DATE I ,—REPLY MUST BE IN -N, I DELIVERY REQUIRED January 10, 2018 January 22 2018 b 12:00 noon uC QUANTITY DESCRIPTION Elevator Maintenance (See attached) PAYMENT TERMS UNIT PRICE I TOTAL A current certificate of insurance, naming the City as the certificate holder, must be included with your bid to be considered. 15�6r Bids must be enclosed in a sealed en- velope with the project name on the outside. Please call Vicki Robinson, (765)983- 7209 to arrange to view elevators. PRICE REQUEST BY VICE I ROBINSON PURCHASING DIRECTOR State Tax Exemption No. 003121909-001 EXHIBIT PAGED NAME OF FIRM QUOTING M L OBY G TITLE DATE 3i7-��9-7i7Z Phone No. HY2S25N.8wMIN462I0 317.247.9690 OW921.1527 ELEVATOR COMPANY January 22, 2018 City of Richmond 50 North Fifth Street Richmond, IN 47374 ATTN: Ms. Vicki Robinson Purchasing Director RE: Price Request - Elevator Maintenance Due Date January 22, 2018 Dear Ms. Robinson: Enclosed is our response to the Price Request for Elevator Maintenance: • Rates to be used for basis of price adjustment and indexes • Five (5) current maintenance/service references • Copy of Approved Application for Admission into State of Indiana dated Sept. 12, 1951 • Local service office address listed on letter head • Current copy of State of Indiana Elevator Contractors License • Current copy of State of Indiana Public Works Certification • State of Indiana Licensed Elevator Mechanics working out of Indianapolis Office • Current copy of Certificate of Insurance naming City of Richmond as Al Affidavit of Employment Eligibility Verification • Proposal Sheet - Proposal of Monthly Prices for Elevator Maintenance Murphy Elevator Company truly appreciates the opportunity to quote elevator service for City of Richmond. Should there be any questions regarding our submission, we stand ready to provide information immediately. Very truly yours; MURPHY ELEVATOR COMPANY Fred T. Koch Branch Manager EVANs%gLLE. 1N a 12.422,4500 LoulsvttlE. KY 502.587.1225 9pVYLiNG GREEN. KY 600.752.6075 HUNnNCror+• W V 304.5293220 LocINGTON. KY 8.273.8990 cwciwAn. OH 513.381.2943 PAoucA►+. KY 270.444.8300 CHARLE5iON. WV 304.345.2772 59 EXHIBIT-( _ _ PAGE l OF--q-1 PROPOSAL SHEET PROPOSAL OF MONTHLY PRICES FOR ELEVATOR MAINTENANCE COMPANY NAME Murphy Elevator Company ELEVATORS: LOCATION 2- CITY BUILDING 50 NORTH 5th STREET RICHMOND, IN 47374 2- RICHMOND PARKING GARAGE 25 SOUTH 7th STREET RICHMOND, IN 47374 1- RICHMOND SANITARY DISTRICT INTERMEDIATE PUMP BUILDING 2380 LIBERTY AVENUE RICHMOND, IN 47374 1- RICHMOND SANITARY DISTRICT LABORATORY BUILDING 2380 LIBERTY AVENUE RICHMOND, IN 47374 BASE PRICE MONTHILY $251.30 $231.30 $109.30 $109.30 TOTAL MONTHLY $701.20 MAINTENANCE -BASE PRICE NOTE: PRICE FIRM 45 Days FOR HOW LONG? 18 EXHIBIT PAGE Z-OF-!L- 2INDMMRICIN446219 M u �� COM 917.247.9690 800.321,1627 ELEVATOR COMPANY AGREEMENT TERM and PRICE ADJUSTMENT Price Adjustment Murphy Elevator acknowledges proposed agreement will be four (4) years effective March 1, 2018 through February 28, 2020. The first two (2) years of the agreement monthly pricing will remain as quoted on Proposal Sheet - Proposal of Monthly Prices for Elevator Maintenance. Years three (3) and four (4) will be adjusted, annually, as follows: 90% of monthly price(s) will be adjusted, up or down, based upon the percentage change in hourly mechanic cost. Current hourly mechanic cost, at time of this submission, is $97.41 /hour. 10% of the of monthly prices) will be adjusted, up or down, based upon the percentage change Wholesale Metal and Metals Indexes. Index to be used as bas line for this calculation is November 2017 210.3 EVANWILLs. IN 612A22A500 Lowsmu. KY 502.587.1225 BowuNG GREEN. KY 800.752.6075 HLNTwGrON. WV 304.529.3220 L" MGTON. KY 859.273.8990 CINCINNATI.OH 513.381.2943 PADUCAH. KY 270.444.8300 CH4kRLE5TON. WV 304.345.2772 PNI81T PAGE OF