HomeMy Public PortalAbout031-2022 - Murphy Elevator Company - elevator maintenace for City Building AGREEMENT
THIS AGREEMENT made and entered into this1 It'll
day of f.{�i' ke �t22; and referred to as
Contract No.31-2022 by and between n the City of Richmond,Indiana, a mit cipal corporation acting by
and through its Board of Public Works and Safety and by and through its. Board of Sanitary,
Commissioners (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 WORic
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.
Requests for quotes dated.January 12,2022,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 apart of this Agreement Contractor agrees to abide by the same.
The response of Contractor to said request for quotes is attached hereto as Exhibit A, which Exhibit is
dated January28,2022,"consists of five(5)pages,and is also hereby incorporated by reference and made.
a part of this Agreement; Contractor agrees to abide by the same.
Should anyprovisions, 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 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=1I(a)(2);and
3. A purchase order has been issued by the Purchasing Department.
SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to bean 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.31-2022
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SECTION III. COMPENSATION
City shall pay Contractor a total strm not to exceed Eight Hundred Thirty-Six Dollms and Two Cents
($836.02) per month for complete and satisfactory performance of the work requited 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 I.I.S.Bureau of
Labor Statistics, Mid-Atlantic Office, Producer Price Index Metal and Metal Products With the index
baseline Palenlation as Of,larittaty.2021 to be 241.5:
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective as of March I, 2022, and shall continue in effect until March I;
2026.
Not thstanding the term of this Agreement, City may tertninate this Agreement in whole'or in part, for
cause,at any time by giving at least five(5)working days written notice speeifying the effective date and
the reasons for termination which Omit include bin not be Ihnited to the folloWing!
a. failure,fpi any reason of the Contractor M 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
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e, unavailabilitY of sufficient funds to make payment on this Agreement.
In the event ofsuch terridnation,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.
This.Agreement may also be terminated by the City if a force-majeure event occurs.and the results or
aftereffects of said event causes the performance of this:Agreement to become impossible or highly
imPracticable. Said event or results or aftereffects of said event would include events or effects which the
parties to this Agreement could not have anticipated or contiolled, Examples of a foree-tnajeure event,or
its results,Would include,but would net be limited to,events such as an.Act of God,an Act of Nature,an
Act of Law, or an Emergency Act of Executive Enforcement of the Federal government. the State of
Indiana,or local gOierament.
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SECTION V. DIDEIvvINIFICATION 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 aprerequisite to this Agreement, purchase and thereafter maintain such
insurance as will protect it from the claims sat 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 tiny of them,or by anyone for whose acts the
Contractor may beheld responsible.
Coverage Limits
A. Worker's Compensation& Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section.2. Property Damage $1,000,000 each occurrence.
D. Comprehensive Auto Liability
Section I Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $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.
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SECTION VIII. COMPLIANCE WITH IIVDIANA E-VERIFY PROGRAM REQUIREMENTS.
Pursuant to Indiana Code 22-5-1.7, Contractor is.regiiiied to enroll in and verify the work eligibility status
of all newly hired employees of the contractor through the Indiana &•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 lithe Indiana E-Verify program no longer exists, Prior to the performance of
this Agreement, Contractor shall provide to the-City its signed Affidavit afl"irming that Contractor does
not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-1 1 (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 Agr'eetnent 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=I:7-13 (c) the Contractor will remain liable to the City for
actual damages.
SECTION IX. 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 stead 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 hi 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 sribcontractor, 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 ar indirectly releted to employment,
because:of mice,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-arty 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;
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2. That Contractor, any subcontractor,.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 he deducted from the a ount payable to Contract&by the City under this
Agreement, a penalty of five dollars ($5;p0.) for each person for each calendar day daring which
such person was discriminated against or intirnidated in vidatinn of the provisions of the
AgrPaileAt;and
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 XL RELEASE OF LIABILITY
Contractor hereby-agrees to release and hold haritileSsi the City and all officers, employees, or agentS of
the tame from all liability for negligence which may arise m the course of Contraeines perfotnance of its
Obligations pursuant to this Agreement.
SECTION>01. 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 17c 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 Contact, 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.
In the event of any breach of this Agreement by Cent:teeter, and in addition to any ether 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,whether or not suit is Med.
In the.event that 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
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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" "CITY"
THE.CITY OF RICHl OND, THE CITY OF RICHMOND,
INDIANA by and through its INDIANA by and through its
Board of Public Works and Safety Board of Sanitary Commissioners
By: By: t
Vicki Robinson;President Sue Miller,President
By: B
ily er,Member Am hi,Vice President
f
By:
1�j '-
V BY�
Matt Evans, em er tiens,Member
Date: Date: 3)/251/12
APPROV .'— "CONTRACTOR"
David. . n or THE MURPHYELEVATOR
COMPANY,INC.
2525 North Shadeland Avenue,D-6
Indiana. , • .21
Date: D Z f 24ele zzs _
I ‘48k4L,
By:
Title:
Date: a
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