HomeMy WebLinkAboutItem 06.d
Date: July 5, 2016 Item No.
APPROVAL OF A CONTRACT WITH SHARROW LIFTING PRODUCTS FOR
BRIDGE CRANE AND HOIST INSPECTION AND MAINTENANCE SERVICES
Proposed Action
Staff recommends adoption of the following motion: Move to approve a contract with
Sharrow Lifting Products for bridge crane and hoist inspection and maintenance services.
Overview
The Occupational Safety and Health Administration requires that cranes and hoists receive
annual inspections to ensure their safe operation. These inspections evaluate each crane and
hoist for deterioration, kinks or wear points in cables, excessive wear on brake systems and
chain drives, loose bolts, deformed or cracked lifting hooks, and look at other components to
determine if a safety hazard exists.
The City has two bridge cranes, one cable hoist, and two chain hoists that are used for tasks
such as lifting and positioning chlorine cylinders and pumps and motors at the Water
Treatment Facility, lifting and moving heavy parts and equipment at the Central Maintenance
Facility, lifting mechanical equipment at the Police Department, and lifting equipment for cell
phone service providers at the Central Maintenance Facility water tower. Each of these cranes
and hoists is inspected and serviced annually.
The City solicited proposals from five contractors. Two responded, with Sharrow Lifting
Products providing the lowest price for inspection and maintenance services at $1,740.00 for
the two-year term of the contract. Staff recommends approval.
Primary Issues to Consider
• None
Supporting Information
• A copy of the proposal tabulation and contract are attached.
Financial Impact: $1,740.00 Budgeted: Yes Source: Department Budgets
Related Documents (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Neil Normandin, Public Works and Facilities Coordinator
CONTRACT FOR SERVICES
THIS AGREEMENT made this 5th day of July 2017, by and between the CITY OF
LAKEVILLE, hereinafter referred to as the “City”, and SHARROW LIFTING
PRODUCTS, hereinafter referred to as the “Contractor”.
THE CITY AND THE CONTRACTOR, FOR THE CONSIDERATION
HEREINAFTER STATED, AGREE AS FOLLOWS:
1. SCOPE OF SERVICES. The scope of services is detailed in the Contract
Documents but generally consists of inspection and maintenance of the cranes and hoists
in designated City facilities. The Contractor agrees to perform the services as detailed in
the Contract Documents.
2. CONTRACT DOCUMENTS. The following documents shall be referred to
as the "Contract Documents", all of which shall be taken together as a whole as the contract
between the parties as if they were set verbatim and in full herein:
A. This document entitled “Contract for Services”.
B. HVAC Maintenance Specifications.
C. Equipment Listing, Exhibit A.
D. Contractor’s Proposal.
If there is a conflict among the provisions of the Contract, the order in which they are listed
above shall control in resolving any such conflicts with Contract Document "A" having the
first priority and Contract Document "D" having the last priority.
3. OBLIGATIONS OF THE CONTRACTOR. The Contractor agrees that the
work contemplated by the Contract shall be fully and satisfactorily completed in accordance
with the terms of the Contract Documents.
4. PAYMENT.
A. The City agrees to pay and the Contractor agrees to receive and accept
payment in accordance with the prices quoted, which is inclusive of sales tax, as set forth in
the completed Proposal Form. Payment to the Contractor shall be made based on work
completed and submission and approval of an invoice.
B. Payments to Subcontractor. Pursuant to Minn. Stat. § 471.25, Subd.
4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s
receipt of payment from the City for undisputed services provided by the subcontractor.
The Contractor must pay interest of 1½ percent per month or any part of a month to the
subcontractor on any undisputed amount not paid on time to the subcontractor. The
minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is
$10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual
penalty due to the subcontractor.
5. INDEMNIFICATION.
A. The Contractor shall indemnify, defend and hold harmless the City
and its officials, agents, representatives, and employees from any loss, claim, liability and
expense (including reasonable attorney’s fees and expenses of litigation) with respect to:
(a) Worker’s Compensation benefits payable on account of injury or death to any
Contractor employee or to any employee of Contractor’s subcontractors, where the injury
or death arises out of or is in any way related to the work performed or to be performed
under the Contract; (b) claims for personal injury, death, or property damage or loss
asserted by a Contractor or subcontractor or any of their officers, agents, representatives,
or employees where the injury, death, damage, or loss arises out of or is in any way related
to the work performed or to be performed under the Contract; and (c) claims for personal
injury, death, or property damage or loss as asserted by third-parties at the work site, where
the claim is based in the whole or in any part on, or is in any way related to, any act or
omission by Contractor, or Contractor’s subcontractors, agents, employees or delegates.
B. Contractor shall agree that the indemnities stated above shall be construed
and applied in favor of indemnification. To the extent permitted by law, the stated
indemnities shall apply regardless of any strict liability or negligence attributable to the
City and regardless of the extent to which the underlying harm is attributable to the
negligence or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor also agrees that
if applicable law limits or precludes any aspect of the stated indemnities, then the
indemnities will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnities continue until all applicable statutes of limitations
have run.
C. If a claim arises within the scope of the stated indemnity, the City may
require Contractor to furnish a written acceptance of tender of defense and indemnity
from Contractor’s insurance company. Contractor will take the action required by City
within fifteen (15) days of receiving notice from City.
6. RIGHTS AND REMEDIES.
A. The duties and obligations imposed by the Contract Documents and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations,
rights and remedies otherwise imposed or available by law.
B. No action or failure to act by the City or the Contractor shall
constitute a waiver of any right or duty afforded by any of them under the Contract, nor
shall any such action or failure to act constitute an approval of or acquiescence in any
breach thereunder, except as may be specifically agreed in writing.
7. GOVERNING LAW. The Contract shall be governed by the laws of the
State of Minnesota.
8. INSURANCE. Prior to commencing work on the Contract, the Contractor
shall furnish the City a certificate of insurance. The Contractor shall furnish and maintain
during the project such public liability and property damage insurance as shall protect
Contractor and any subcontractors performing work covered by the Contract from claims
for property damages or personal injury which may arise from operations under this
Contract, whether such operations are by Contractor or by any subcontractor or anyone
directly or indirectly employed by either of them and the amounts of insurance shall be as
follows:
Worker’s Compensation
Employer’s Liability
Bodily Injury by Disease per employee - $500,000
Bodily Injury by Disease aggregate - $500,000
Bodily Injury by Accident - $500,000
Commercial General Liability – $2,000,000 annual aggregate.
Business Automobile Liability - $2,000,000 per occurrence combined single limit.
Excess/Umbrella Liability - $2,000,000 each occurrence/aggregate
All insurance policies (or riders) required by this Agreement shall be
(i) Taken out by the Contractor and maintained with responsible insurance
companies organized under the laws of one of the states of the United States
and qualified to do business in the State of Minnesota,
(ii) Shall contain a provision that the insurer shall not cancel or revise coverage
thereunder without giving written notice to Contractor as an insured party
and to City as an additional insured at least thirty (30) days before
cancellation or revision becomes effective,
(iii) Shall name Contractor as an insured party and City as an additional insured
with respect to General Liability, Auto Liability, and umbrella policies on a
primary and non-contributory basis,
(iv) Shall be in accordance with specifications approved by the insurance
advisory for City, and
(v) Shall be evidenced by a Certificate of Insurance listing City as an additional
insured which shall be filed with the City. Certificates of Insurance that do
not meet these requirements will not be accepted.
Certificates of Insurance shall include the policy endorsements showing the City
named as additional insured on a primary and non-contributory basis.
9. TERM. The term of this Contract shall begin on or about June 5, 2017 –and
end on May 31, 2019, both dates inclusive, unless sooner terminated as hereinafter
provided.
10. SUPPLIES, EQUIPMENT, AND INCIDENTALS. The City and
Contractor agree that the Contractor shall furnish any and all supplies, equipment, and
incidentals necessary for Contractor’s performance of this Contract.
11. SUPERVISION OF CONTRACTOR. The City’s designated supervisor
will be the Facilities Maintenance Supervisor. The Facilities Maintenance Supervisor,
acting on the City’s behalf, shall be responsible for providing communication and direction
as to the provision of services by the Contractor under this Contract. The Contractor will
contact the City of Lakeville by e-mail as to the dates and times they will perform work at
each facility. The Facilities Maintenance Supervisor’s mailing address is: 20195 Holyoke
Avenue, Lakeville, MN 55044; telephone numbers are: (W) 952-985-2630; (C) 952-292-
3374; email address is tredepenning@lakevillemn.gov.
12. TERMINATION WITHOUT CAUSE BY CITY. The City reserves the
right to terminate Contractor at will immediately without cause at any time within the
term of this Contract. In the event of such termination, the City shall provide Contractor
written notice of termination and upon receipt of same, Contractor shall immediately cease
and desist Contractor’s provision of services under this Contract and City shall have no
further obligation under this Contract to pay any further compensation to Contractor
except for compensation due and owing for services prior to Contractor’s receipts of the
written notice of termination.
13. INDEPENDENT CONTRACTOR. City and Contractor agree that
Contractor, while engaged in carrying out and complying with the terms and conditions of
this Contract and the provision of services thereunder, shall be considered at all times an
independent contractor and not an officer, employee, or agent of the City. City and
Contractor further agree that Contractor shall not at any time or in any manner represent
that Contractor or any of the Contractor’s agents or employees are in any manner agents or
employees of the City. City and Contractor further agree that Contractor shall be
exclusively responsible under this Contract for Contractor’s own FICA payment, workers
compensation payments, unemployment compensation payments, withholding amounts,
and/or self-employment taxes or other taxes if any such payments, amounts, or taxes are
required to be paid by law or regulations.
14. WRITTEN NOTICE OR OTHER CORRESPONDENCE. Any written
notice or other correspondence to be provided by or between the City and the Contractor
in accordance with this Contract shall be hand delivered or mailed by registered or certified
mail to the following address:
CITY:
CONTRACTOR:
15. WAIVER OF DEFAULT. Any waiver by City of a default under the
provisions of this Contract by Contractor shall not operate or be construed as a waiver of a
subsequent default by the Contractor. No waiver shall be valid unless in writing and signed
by the Mayor and the City Administrator on behalf of the City.
16. NO ASSIGNMENT OR SUBCONTRACTING. The City and Contractor
agree that the services to be rendered by the Contractor under this Contract are unique and
personal. Accordingly, the Contractor may not assign or subcontract out any of the
Contractor’s rights or any of the Contractor’s duties or obligations under this Contract.
17. INVALIDITY OF PROVISIONS. If any term or provision of this Contract
or any application hereof to any person or circumstances, shall to any extent be invalid or
unenforceable, the remainder of this Contract or the application of such term or provision
to persons or circumstances other than those as to which it is held invalid or unenforceable
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Sharrow Lifting Products
301 County Road E2 West
New Brighton MN 55112
shall not be effected hereby and each term and provision of this Contract shall be valid and
be enforced to the fullest extent permitted by law.
18. DATA PRACTICES/RECORDS.
A. All data created, collected, received, maintained, or disseminated for
any purpose in the course of this Contract is governed by the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted
to implement the act, as well as federal regulations on data privacy.
B. All books, records, documents, and accounting procedures and
practices of the Contractor and its subcontractors, if any, relative to this Contract are subject
to examination by the City.
19. WARRANTY. The Contractor shall be held responsible for any and all
defects in workmanship, materials, and equipment which may develop in any part of the
contracted service, and upon proper notification by the City shall immediately replace,
without cost to the City, any such faulty part or parts and damage done by reason of the same
in accordance with the bid specifications.
20. ENTIRE AGREEMENT. This instrument herein contains the entire and
only agreement between the parties and no oral statement or representation or prior
written matter not contained in this instrument shall have any force and effect. This
Contract shall not be modified in any way except by writing executed by both parties.
21. DISCRIMINATION. Contractor agrees to comply with Minnesota Statute
181.59 that states:
Subsection A. That, in the hiring of common or skilled labor for the
performance of any work under any contract, or any subcontract, no
contractor, material supplier or Contractor, shall, by reason of race, creed,
or color, discriminate against the person or persons who are citizens of the
United States or resident aliens who are qualified and available to perform
the work to which the employment relates;
Subsection B. That no contractor, material supplier, or Contractor, shall, in
any manner, discriminate against, or intimidate, or prevent the employment
of any person or persons identified in clause (1) of this section, or on being
hired, prevent, or conspire to prevent the person or persons from the
performance of work under any contract on account of race, creed, or color;
Subsection C. That a violation of this section is a misdemeanor; and
Subsection D. That this contract may be canceled or terminated by the
state, county, city, town, school board, or any other person authorized to
grant the contracts for employment, and all money due, or to become due
under the contract, may be forfeited for a second or any subsequent
violation of the terms or conditions of this contract.
22. WORK HOURS. Inspections and maintenance services shall start at 8:00
a.m. and be completed before 3:30 p.m.
23. BACKGROUND CHECKS. The City must receive from the Contractor
and each Contractor’s employee written authorization permitting the City of Lakeville
Police Department to perform a criminal history background check and further authorize
the Police Department to release the information obtained to the Lakeville City Council,
City Administrator and other appropriate employees. The City reserves the right to deny
access to City facilities to those Contractors or Contractor’s employees that it deems
inappropriate.
CITY OF LAKEVILLE
BY:
Douglas P. Anderson, Mayor
AND
Charlene Friedges, City Clerk
CONTRACTOR:
BY:
Its
EXHIBIT A
FACILITY EQUIPMENT LISTING
Central Maintenance Facility
7570 179th Street West, Lakeville MN 55044
Unit Manufacturer Capacity Model # Serial # Control
Bridge Crane R&M Spacemaster 5 Ton SX40410050P35FCLOF HJW18977 R&M Racon Radio
Central Maintenance Facility Water Tower
Unit Manufacturer Capacity Model # Serial # Control
Chain Hoist Budgit 1 Ton USA01 06FU043 Hand Chain
Hoist uses Abell Howe 1-ton jib
Water Treatment Facilty
18400 Ipava Avenue, Lakeville MN 55044
Unit Manufacturer Capacity Model # Serial # Control
Cable Hoist R&M Spacemaster 2 Ton DB224 1789249701 Telemecanique 4-button pendant
Bridge Crane R&M Spacemaster 7½ Ton D-37-530 178259701 Duct-o-wire 8-button pendant
Police Station
9237 183rd Street West, Lakeville MN 55044
Unit Manufacturer Capacity Model # Serial # Control
Cable Hoist Dayton 1 Ton 3YB83 JM4310RX Dayton 2-button pendant
PROPOSAL TABULATION
2017 - 2018 Bridge Crane and Hoist Inspection
June 7, 2017
Contractor Total Cost
Sharrow Lifting Products 1,740.00
JB Controls Inc. 2,518.12