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HomeMy Public PortalAbout044-2014 - BOW - Murphy Elevator - City ElevatorsAGREEMENT THIS AGREEMENT made and entered into this f ?_ day of ? 2014, and referred to as Contract No. 44-2014 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, Box D-6, Indianapolis, Indiana, 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 garages, and the Richmond Sanitary IPB Building and the Richmond Sanitary Lab Building. Certain Bid Specifications dated February 6, 2014, 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 February 13, 2014, consists of six (6) 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 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 22-5-1.7-11(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 Pxpen�P emmnPtPnt ciirpPryicion of the work, SECTION III. COMPENSATION City shall pay Contractor a total sum not to exceed Six Hundred Forty-five Dollars and Zero Cents ($645.00) per month for complete and satisfactory performance of the work required hereunder. Rate adjustments as set forth in Exhibit A shall be permitted after the initial two (2) years of this Agreement. Contract No. 44-2014 Pape 1 of 5 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective as of March 1, 2014, and shall continue in effect until February 28, 2018. 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: 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. 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 I. Bodily Injury Limits Statutory $ 100,000 $1,000,000 each occurrence $2,000,000 aggregate Page 2 of 5 Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $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 Vill. 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. 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. Page 3 of 5 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 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. Page 4 of 5 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. 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, 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 By: Vicki Robinson, President Date: APPROVED. - Sarah L. Hutton, Mayor Date: _A// "CONTRACTOR" THE MURPHY ELEVATOR COMPANY, INC. 2525 North Shadeland Avenue, Box D-6 Indianapolis, IN 46219 By: — Title: Title: Date: Jf V Page 5 of 5 EXHIBIT PAGE 0 CITY OF RICHNIOND 50 North Fifth Street Richmond, Indiana 47374 PRICE REQUEST (765) 983-7200 1 THIS IS NOT AN ORDER VENDOR INSTRUCTIONS Murphy Elevator Attn: Fred Koch Shadeland Ave. D6 Indianapolis. Indiana. 46219 This is a request for a price or quote for the services or materials described below. Any additional specification� may be attached hereto- This is not an order and the City reserNes the right to accept all or or decline the entire proposal_ Please complete VOLif full narrie, add%ss, and phone number hckm with 5I,_,n',1ILtN, itel-ilile all pricks and charges Nchere requested: ard attadi c\pianatwn for an-\ suhmmition to -p;:c:ficauom, altered Nuast, return in care of Purchasing to the address abo,.e b� the ;pecified datt and time to be considered otherwise speciFied v DATE [:ehruary 0. 20 14 REPLY MUST RE IN DFLI\ F.R) REOVIRED Febi uary 18, 2014 by 12:00 noon DFLIVY'll, LD PA YN I E NJ TL R' �\ I S I RL( I- IPl_ 01: IN\ ()WI QI ANITITN \�T A I - 0 G NO. DESCRIPTICYN IL 'N I I PRICE TOTAL Elevator Maintenance (See Attached) A current cern ficatc o f 111SUM11Ce MUS1 be included v\Ith _\ our bid to he consldcrcd. Please Call Vic'Ki Rohnsoll, 7209 to 111-TaIlLIC to view cicvkators. PRICE REQUEST Bids must he enclo,,,cd in ;i -,eak:d envelope \11111 the 11,1111C 011 Mc out"Ide- B N V'ICKI ROBINSON PURCHASING DIRECTOR State Tax Exemption No. 003 12 1909-00 1 NAML OF FIRM QUOTINC Murphy Elevato 13) Joe Coomer Regional Sal ksyanag& I ITL[ February 13, 2014 Phone No. 317-218-6701 E5H2R A PAGE 2.OP PR010S%t gltLT PROPOSAL OFMONTHtYPRICES FOR tEtVATOR «!wlxTT&&&C[ COMPANY yaSE Murphy Elevator FI—FV R5: LOCATION « CIT Y BUILDING NORTH 5± STREET ZlCHyO&D,I&4' 3 RICSSONDPARKING GARAGE 23SOUTH -th STREF 47374 I- «!CH MONOSANITARY Di £RIOT INJERNMEDIATE PC M P 3ClSDING '2380 LIBERTY AVENUE RICHNIOND,I 4737/4 s RlCHMQQ D S& NI A RY DISTRI T LABORATORY BUILDING 2380SBERTY AVENUE 4-374 BASE PRICE . O N" HILi _—//44ƒ/— rn „ nn T(-)VA1.MO«THEY g «11E2 2 &CE.S2 PRICE $645.00 is 2�5U§2gCE9Ry EC7RdK[c xS` ��m-oJts EXHIBIT PAGE QF PROPOSAL SHEET (CONIINULD) PRICF-STO RI CTIFY FQUIPMENI DFI T_CPS (IF ANY FOU\I)} LOC TIO'\I EQLIIPMENT NL tIBEI: ELEVATORS W) IT: PRICQ= FIRM FOP, I I011' I ONG' _24 months Murphy Elevator COMPANY NAME Joe Coomer C _ ` TAC i PERSON :\T'TI [0( ZFD SIG �,] L'RL [)LSC RIPTK» P_1.R7 DF,FECTT'E COST PART FOTA1, PART COST $TBD TOTAL LABOR CC_):_I' S 161_,00 TOTAL COSI' '�---- TBD 7-218-6701 Ili IO.M -13-14 - EXHIBIT PAGE `� M UPPHY Murphy Elevator Company, Inc. 2525 North Shadeland Ave. Box D-6 ELEVATOR COMPANY Indianapolis, IN 46241 RATE AJUSTMENTS City of Richmond 50 North Fifth Street Richmond, Indiana 47374 Attn: Vicki Robinson, Purchasing Director RE: Price Request, dated February 6, 2014 317-218-6700 317-218-6187 FAX 800-321-1527 www.murphyelevator.com This price is subject to adjustment, after initial 2-years of service, on each anniversary date in which this agreement is in force. The following formula for adjustment will be used: Twenty-five percent of the contract price shall be increased or decreased by the percentage of increase or decrease shown by the index of "Wholesale Commodity Prices for Metals Products" published by the U.S. Department of labor, Bureau of Statistics. Seventy-five percent of the contract price shall be increased or decreased by the percentage of increase or decrease in the straight time hourly labor cost on the yearly adjustment date as compared with such straight time hourly labor cost at the beginning of the preceding fiscal year. Respectfully submitted; THE MURPHY ELEVATOR COMPANY, INC. By Qb� Joe V. Coomer Evansville, IN 812-422-4500 Charleston, WV 304-345-2772 Lexington, KY 859-273-8990 Louisville, KY 502-587-1225 Huntington, WV 304-529-3220 Bowling Green, KY 800-321-1527 EXHIBIT PAGE OF 'NDIANA www.in.gov/ dhs/osbc ELEVATOR LICENSE D G CARLISLE LICENSE NUMBER: C10974 TYPE OF LICENSE: CONTRACTOR EXPIRATION DATE: 12/31/2015 Department of Homeland Security J O S I E R S A F CT Y Division of Fire 8 Building Safety 302 W. Washington St., Rm E246 Indianapolis, IN 46204 NDIANA vvww.in.gov/ dhs/osbc ELEVATOR LICENSE MURPHY ELEVATOR CO, INC LICENSE NUMBER: C010977 TYPE OF LICENSE: CORPORATION EXPIRATION DATE. 12/31/2015 Department of Homeland Security J O S 1 E R S A F E T YDi2 W. of Fire t Building Safety 302 W. Washington St., Rm E246 n Indianapolis, iN 46204 J EXHIBIT PAGE to OFF CERTIFICATE OF QUALIFICATION to provide CONSTRUCTION SERVICES for PUBLIC WORKS PROJECTS to the - STATE OF INDIANA - - This Certification Board, having -duly considered. _ _ - - _- Y application for qualification in terms of apparent experienceand financial - - — - —-=—resources,�and--under-the applicable Indiana Code I3:6 4-and adopted -rules of this -Board ; hereby issues -a -- --- Certificate of Qualification to provide construction services to the State of Indiana for Public Works Projects to: MURPHY ELEVATOR 915 MAIN ST STE 006 EVANSVILLE IN 47708 Phone 812A22-4500 Fax 812A22A505 Company Official GREG CARLISLE for the twenty-seven month period stated herein, unless revoked by this Board for cause, and in the classifications of services stated below. This certificate supercedes any previous certificate. 1796.02 Elevators I CERTIFICATION DATE 5/9/2013 EXPIRATION DATE 8/9/2015 THIS CERTIFICATE ISSUED BY THE STATE OF INDIANA, PUBLIC WORKS DIVISION CERTIFICATION BOARD, 402 WEST WASHINOTON f''.w40671, INDIHNAYVLIJ, IN- D!ANA46204, ALSO ACTS AS THE OFFICIAL NOTICE OF EXPIRATION. I Tracy L Cross, Exe a Secretary I Certification Board DAM PQ2 Stale Form 39M Rev. 07/06