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HomeMy WebLinkAboutKonecranes Inc; 2020-06-08; PSA20-1072FACPSA20-1072FAC City Attorney Approved Version 6/12/18 1 AGREEMENT FOR ANNUAL CRANE INSPECTION SERVICES KONECRANES, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2020, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and KONECRANES, INC., an Texas corporation, ("Contractor”). RECITALS A. City requires the professional services of a contractor that is experienced with conducting preventative maintenance services, crane certification load testing and component inspections and repairs on Yale hoists and Spanco wall mounted crane systems. B. Contractor has the necessary experience in providing professional services related to crane/hoist safety inspections and certification testing to include the Occupational Safety and Health Administration (OSHA) inspection requirements for overhead crane systems. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A”, attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of five (5) years from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be four thousand nine hundred eighty dollars ($4,980). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.” 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. DocuSign Envelope ID: FFEDCA72-F792-43A1-8888-6A9EEBB12E55 8th June PSA20-1072FAC City Attorney Approved Version 6/12/18 2 5. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 6. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 7. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 8. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Jason Kennedy Name Kevin Kane Title Facility Manager Title Project Manager Department Public Works Address 10310-2 Pioneer Blvd. City of Carlsbad Santa Fe Springs, CA 90670 Address 1635 Faraday Ave Phone No. 412-249-0887 Carlsbad, CA 92008 Email kevin.kane@konecranes.com Phone No. 760-931-2236 DocuSign Envelope ID: FFEDCA72-F792-43A1-8888-6A9EEBB12E55 PSA20-1072FAC City Attorney Approved Version 6/12/18 3 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 9. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. Yes No 10. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 11. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 12. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 13. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 14. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 15. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. /// //// /// /// DocuSign Envelope ID: FFEDCA72-F792-43A1-8888-6A9EEBB12E55 PSA20-1072FAC City Attorney Approved Version 6/12/18 4 16. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR KONECRANES, INC., a Texas corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Bernard D’Ambrosi Jr./ Sr. Vice-President (print name/title) By: (sign here) Steve Mayes/CFO (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By: Assistant City Attorney DocuSign Envelope ID: FFEDCA72-F792-43A1-8888-6A9EEBB12E55 PSA20-1072FAC City Attorney Approved Version 6/12/18 5 EXHIBIT “A” SCOPE OF SERVICES Konecranes, Inc., will perform annual crane inspections for the one-half ton wall mounted Spanco jib crane located at the Carlsbad Safety Training Center, 5750 Orion Street, Carlsbad, California, 92010. Inspections will be completed in accordance with Cal/OSHA 29 CFR 1910.179. Annual services will include the following tasks: • Inspect all equipment oil and lube reservoirs levels and report any excessive leakage. • Visually inspect the sheaves, drums, wheels and bearings for general conditions and proper lubrication. • Inspect the wire rope for any signs of kinking, crushing, cutting, bird caging, corrosion or other unusual wear. • Visually inspect the load block and hook for any excessive wear, such as bending, twisting, cracks, grooves, or increased throat opening. • Visually inspect the external parts of the hoists, trolley frames, catwalks, and handrails for loose bolts, broken parts, misalignments, broken welds, or any other unusual conditions. • Check entire unit for smoothness of operation and proper pendant identifications. • Open control boxes and check all contactors, relays, timers, etc., for proper operation, loose or broken connections. • Inspect all safety devices, i.e. limit switches, for proper operation. • Inspect external motors and wiring for wear and deterioration. Check operations of all motors in general. • Inspect general condition of the end stops, rail sweeps, drop lugs, and shock absorbing bumpers. • Visually inspect motor brakes for proper operation or possible need of adjustment or replacement of brake discs, studs, coils, shoes, etc. • Inspection of collector shoes, brushes, or wheels for signs of arcing and or wear. Konecranes, Inc., will provide the Carlsbad Safety Training Center with a Mainman reporting package that contains the following information: Report Key – Description of Priority and Condition codes along with a copy of regulations, “Unable to Inspect” disclosures, OSHA interpretation letter and other information to help maximize benefits of this support contract. Equipment List – Includes asset numbers, locations, manufacturers, and serial numbers. Condition Summary – Equipment ranked from best to worst to enable prioritization of repairs and replacement. Planning Overview – Itemizes reported problems by priority. Safety Summaries – Copies of the safety summaries left on site daily during time of the service. Work Orders – Itemizes remaining discrepancies by condition and priority. Description is provided for each item needing attention. Records the date and technician performing the correction when completed. Quotations – The cost of repairs required for each piece of equipment. ***Note: Prior to any repairs being conducted, Konecranes, Inc., will notify the city project manager as work may require a separate repair contract. DocuSign Envelope ID: FFEDCA72-F792-43A1-8888-6A9EEBB12E55 PSA20-1072FAC City Attorney Approved Version 6/12/18 6 Business Review – Comprehensive review of services provided, related cost analysis, recommended actions and business review approval form. COST OF SERVICES Calendar Year Service Type Units Cost Per Visit Total Cost 2020 Annual Inspection and Load Test with Certification 1 $960.00 $960.00 2021 Annual Inspection and Load Test with Certification 1 $960.00 $960.00 2022 Annual Inspection and Load Test with Certification 1 $1,010.00 $1,010.00 2023 Annual Inspection and Load Test with Certification 1 $1,010.00 $1,010.00 2024 Annual Inspection and Load Test with Certification 1 $1,040.00 $1,040.00 TOTAL $4,980.00 Konecranes, Inc., will conduct repairs of crane components if discrepancies are discovered during the annual inspections that would deadline the crane assembly or create a safety hazard and Contractor will provide proposals to the City for conducting such repairs. If price exceeds $1000, a separate contract will be prepared for repair work. Konecranes, Inc., will provide emergency service support on an as needed basis and/or when contacted by the Carlsbad Safety Training Center at a price to be mutually agreed to by City and Contractor. All inspection and repair services are required to be scheduled by contacting the city project manager at 760-931-2236. DocuSign Envelope ID: FFEDCA72-F792-43A1-8888-6A9EEBB12E55 DMHolder Identifier : 7777777707070700077761616045571110777617116304557207453136772406310073650566157330020776051513066410307422415322265013074637221325337640727604453201771307344015752274130076727242035772000777777707000707007 7777777707070700073525677115456000722011516136213207023327342063111071222373530730110702223734206301107033337342073101070223372520631000712233734216310007122337242162111077756163351765540777777707000707007Certificate No :570081918585CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/29/2020 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Northeast, Inc. Columbus OH Office 445 Hutchinson Avenue Suite 900 Columbus OH 43235 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 33600LM Insurance CorporationINSURER A: 42404Liberty Insurance CorporationINSURER B: 23035Liberty Mutual Fire Ins CoINSURER C: 41343HDI Global Insurance CompanyINSURER D: INSURER E: INSURER F: FAX(A/C. No.):(800) 363-0105 CONTACTNAME: Konecranes, Inc 4401 Gateway BlvdSpringfield OH 45502-9339 USA COVERAGES CERTIFICATE NUMBER:570081918585 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $5,000,000 $100,000 $5,000 $5,000,000 $5,000,000 $5,000,000 $500,000SIR/Deductible D 10/01/2019 10/01/2020 SIR applies per policy terms & conditions GLD5607000 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $2,000,000C10/01/2019 10/01/2020 COMBINED SINGLE LIMIT (Ea accident) AS2-641-004434-119 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $5,000,000 $5,000,000 $500,000 10/01/2019UMBRELLA LIABD 10/01/2020CUD5607100 RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-ERPER STATUTEA10/01/2019 10/01/2020 AOS WC7641004434109B 10/01/2019 10/01/2020 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WI MA WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WA564D004434099 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) List of Named Insureds in attached Addendum. City of Carlsbad/CMWD is included as additional insured in accordance with the provisions of the general liability policy. Umbrella Liability policy is follow form to the General Liability, Automobile Liability and Employers' Liability policies. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Carlsbad/CMWD 1635 Faraday Ave. Carlsbad CA 92008 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Named Insured AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER NAMED INSUREDAGENCY See Certificate Number: See Certificate Number: Aon Risk Services Northeast, Inc. 570000061737 570081918585 570081918585 Page _ of _ Konecranes, Inc KCI Holding USA, Inc.Konecranes, Inc.MMH Holdings, Inc.MMH Americas, Inc. PHMH Holding Company Konecranes Nuclear Equipment & Services, LLC Konecranes Plc Konecranes Finland Oy Konecranes GmbH Konecranes, Inc. dba Crane Pro Services Konecranes, Inc. dba Crane Pro Parts Konecranes, Inc. dba Shepard Niles Konecranes, Inc. dba Crane Manufacturing and Service Konecranes, Inc. dba Ohio Hi-Speed Machine (eff 8/12/10) Konecranes, Inc. dba Terex Utilities, Inc. dba Terex Services R&M Materials Handling, Inc. Morris Material Handling, Inc.Demag Cranes & Components Corp.Morris Material Handling, Inc. dba Konecranes AmericaR&M Materials Handling, Inc. dba DriveconMorris Material Handling, Inc. dba Drivecon ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ANY OWNER, LESSEE OR AS REQUIRED BY WRITTEN CONTRACTOR YOU HAVE INCLUDED CONTRACT AS AN ADDITIONAL INSURED UNDER A WRITTEN CONTRACT COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 04 13 Insurance Services Office, Inc., 2012 Page 1 of 1 ADDITIONAL INSURED --- OWNERS, LESSEES OR CONTRACTORS --- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II ---- Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III ---- Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Policy Number GLD 5607000 Policy Period: 10/01/2019 - 10/01/2020 AS REQUIRED BY WRITTEN AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT CONTRACT OR AGREEMENT COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 04 13 Insurance Services Office, Inc., 2012 Page 1 of 2 ADDITIONAL INSURED --- OWNERS, LESSEES OR CONTRACTORS --- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II ---- Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Policy Number: GLD 5607000 Policy Period: 10/01/2019 - 10/01/2020 Page 2 of 2 Insurance Services Office, Inc., 2012 CG 20 10 04 13 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III ---- Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Policy Number: GLD 5607000 Policy Period: 10/01/2019 - 10/01/2020