Loading...
HomeMy WebLinkAboutAgenda Report - May 18, 2022 C-12CITY OF A, o i CALIFORNIA AGENDA ITEM (!Selz COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with GM Crane Services, Inc., of Stockton, for Safety Inspections for Overhead and Mobile Cranes ($10,000) MEETING DATE: May 18, 2022 PREPARED BY: Public Works Director RECOMMENDED ACTION Adopt Resolution authorizing City Manager to execute Amendment No. 1 to Professional Services Agreement with GM Crane Services, Inc., of Stockton, for safety inspections for overhead and mobile cranes, in the amount of $10,000. BACKGROUND INFORMATION: GM Crane Services, Inc. provides overhead and mobile crane inspections at White Slough Water Pollution Control Facility (WSWPCF), Fleet services, Maggio Circle (Well 23), and two mobile boom trucks. Primarily, WSWPCF ultraviolet system requires a crane to hoist large banks of lamps for maintenance and repair. The GM Crane services contract fulfills state -required safety inspections. The existing contract needs to be amended to include increasing costs for emergency repairs. Crane operation is critical to the disinfection process at the WSWPCF. If approved, Amendment No. 1 will extend the current agreement through August 31, 2023 and add $10,000 to fund the extension. Staff recommends authorizing City Manager to execute Amendment No. 1 to Professional Services Agreement with GM Crane Services, Inc., of Stockton, for safety inspections for overhead and mobile cranes, in the amount of $10,000, for a total contract amount of $22,060. FISCAL IMPACT: Crane Certification is necessary to assure employee safety while performing operations and maintenance activities. FUNDING AVAILABLE: Wastewater Operations (53053003) $3,495 Fleet Services (65055000) $3,970 Distribution (56052004) $2,535 Andre Keys Andrew Keys Deputy City Manager/internal Services Director Charles E. Swimley,-Jr. Public Works Director Prepared by Ken Capitanich, Wastewater Plant Superintendent CES/KC/tw Attachment APPROVED: Steve schwabauer Stephen Schwabauer, City Manager \\pwadc02\msc$\GROUP\ADMIN\Council\2022\05182022\GM Crane\GM Crane CC.doc 5/4/2022 AMENDMENT NO. 1 GM CRANE SERVICES, INC. PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT, made and entered this day of May, 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and GM CRANE SERVICES, INC., a California corporation (hereinafter called "CONTRACTOR"). WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into the Professional Services Agreement on November 13, 2020 (the "Agreement"), attached hereto as Exhibit 1, and made a part hereof; and 2. WHEREAS, CITY requested to extend the term of the agreement to August 31, 2023; and 3. WHEREAS, CITY requested to increase the fees under the agreement by $10,000, for a total not to exceed amount of $22,060, as set forth in Exhibit 2, attached hereto and made part of; and 4. WHEREAS, CONTRACTOR agrees to said amendments; and NOW, THEREFORE, the parties agree to amend the not to exceed amount under the Agreement as set forth above and extend the term of the Agreement. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on the date and year first above written. CITY OF LODI, a municipal corporation Herein above called "CITY" By: STEPHEN SCHWABAUER City Manager Attest: OLIVIA NASHED City Clerk Approved as to Form: JANICE D. MAGDICH All City Attorney GM CRANE SERVICES, INC., a California corporation Hereinabove called "CONTRACTOR" 99 GENE MOOREFIELD CEO, President Exhibit 1 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties [[r THIS AGREEMENT is entered into on Augus[ �?%,vw,, 2020, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and GM CRANE SERVICES, INC., a California corporation (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for safety inspections for overhead cranes and mobile cranes at White Slough Water Pollution Control Facility, Fleet Shop, and pump station located at Maggio Circle (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to 1 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is g,anted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on September 1, 2020 and terminates upon the completion of the Scope of Services or on August 31, 2022, whichever occurs first. Section 2.7 Option to Extend Term of Agreement ra At its option, City may extend the terms of this Agreement for an additional two (2) one (1) -year extensions; provided, City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of the existing term. In the event City exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and effect. The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed four (4) years. ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information 3 requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations 4 required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal t_iabliity Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Nathan Shropshire To CONTRACTOR: GM Crane Services, Inc. 6878 Sumter Quay Circle Stockton, CA 95219 Attn: Gene Moorefield Section 4.9 Cooperation of CITY 5 CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentialitv CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY, CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction, Severabillty, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the 6 event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 ❑wnership_of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. 7 CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were Intended. Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 )Federal Transit Fundlr}a Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: JENNIFE RA OL -6 L� SMS r City Clerk CITY OF LODI, a municipal corporation CHARLES E. SWIMLEY, JR. Public Works Director APPROVED AS TO FORM: GM CRANE SERVICES. INC., a California JANICE D. MAGDICH, City Attorney corporation By: Janice D. Magdich B --- Y Name: GENE MOOREFIELD Attachments; Title: CEO, President Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (If applicable) Funding Source: 53053003.72306: 8545500,724994 56052004.72450 (Business Unit & Account No.) Doc ID:R:IGR0UPIADMIMP8As1GM Crane12020-20221PSA.doc CA:Rev.01.2015 8 CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Authoritv The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: JENNIFER M7FERRA1� �u SMS r City Clerk CITY OF LODI, a municipal corporation C 11� -Q`G CHARLES E. SWIMLEY, JR. Public Works Director APPROVED AS TO FORM: GM CRANE SERVICES. INC., a California JANICE D. MAGDICH, City Attorney corporation By. - - By: A14U7 Name: GENE MOOREFIELD Attachments: Title: CEO, President Exhibit A - Scope of Services Exhibit B - Fee Proposal Exhibit C - Insurance Requirements Exhibit D - Federal Transit Funding Conditions (if applicable) Funding Source: 53053003.72306- 6505500.72499-.56052004.72450 (Business Unit & Account No.) Doc ID:R:\GROUP\ADMIN\PSAMGM Crane\2020-2022\PSA.doc CA:Rev.01.2015 8 Cern: Services, MIRC. CUSTOMER COPY IExhibit A/B PROPOSAL 130304 CUSTOMER NAME; "O I A —k- I LATE. Z - Z OZ 0 ADDRESS; 1., 1 :j ijajrLCL) "�i CITY, LLad i VIA: ppp COLL UM6 (- P ZIP QQQE; 35LIc) F&81- C-ONT-AMI-JI'Llul-) --ukl --1ul�' �-1 PHONE:Z' - 2':7� (,-Iq" DESCRIPTION TERM& IYET 30 QAY5. QM CRANE SERVICES INC. BIN: GNAIUBE; 4k -le V7`1 ?j(' C s Q l 'A ot j�16&1'- YL;4 f tLL It It, MIS 1 7 , ' I A 6- 'j -1 i -t ;'�' CUSTOMER APPROVAL SIGNATURE CUSTOMER P.O. # DATE: 'AMOUNT $ 747- -1 e C., o c TOTAL Not to exceed $12.060 1 EXHIBIT C NOTE: The City of Lodi is now using the online Insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the CW s online insurance program requesting you to forward the email to your insurance provider(s) to submit the required Insurance documentation electronically tnaurance ReuulrelnerltEi for Prgfg§gJ9na{ SyrviGes Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no lass than $1,000,000 per occurrence. If a general aggregate limit applies, either tha general aggregate limit shalt apply separately to this prole ofllocatlon (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence IImit. 2 Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employers Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4 Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant's profession, with limits not less than $1,000,000 per occurrence or claim, $2,400,000 aggregate. May be waived by Risk Manager depending on the scope of services. gther Insurance PrQvislons: (a) A dnlonal Named insured Slalus The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional Insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Farm CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 3e; u-4 CG 20 37 if a later edition is used (b) lirlrnary an N n-CnlltFibirar tI1SUrarlC Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's Insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c)bVa�v4i�af SuI7rUc a4wn Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loaa under such insurance Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogalion, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogatlon endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above; 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the protect that it is insuring. (d) SeyerSbility of inIIL, ; sL_g11uSe The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not opErate to Increase the limit of the company's liability under the Contractors commercial general liability and automobile liability pnilaes (e) hlotl[;e Ur VCeCeI14t1011 Lir CllaIKiQ in COVer'r4(;4 EIlitUl513n1h 11l This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager City of Lodi 221 West Pine St., Lodi, CA 95240 Page 1 i of 2 pages �� M ar Risk. rev 3/1/2018 (f) Qkn LiwjypQaveraaa All policies shall be In effect on or before the fist day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each Insurance policy, Contractor shall furnlah s certlflcate(a) showing that a now or extended policy hoe been obtained which meet$ the minimum requirements of this Agree monI. Contraclor shall provide proof of ccntinulmg InauraTies on al facet F1 annual basis during the Term. If Contractor's Insurance lapses or is dlscontlnuad for any reason, Contractor shall immediately nollfy the City and Immediately obtain rnplacament insurance Contractor agrees and stipulates that any Insurance coverage provided to the City of Lodi ahatI provide for a claims paried following termination of covera9a which is et InaaI consistent with the claims perlod or statutes of Ilmlts flona found In the CatIfo mil a Tort Clalma Act (California Government Code Sectlon 010 et aeq.), (g) f.'AU16 to Cgwiv If Contractor rails or refuaas to obIsIn arld maintain 1110 required Insurance, 0 falls to provide proof of cave rage, the City may obtain Ilse Insurance. Contractor shall ralmburse the Clly for premiums paid, with Interest on the premium paid by the City at the maximum allowable legal rata then in affect In California. The Clty shall redly Conlrectorof such payment of premiums within thirty (30) days of payment aluting the amount paid, Ilia name(s) of the Insurer(o), and rate of Interest. Contractor shall pay such reimbursement and inlereat ori the flret ( t at) day of Ilia month following the City's notice. Notwlthslanoing ally other provis[on of this Agreement, If Con Ira clor fails Or rafuasA to nhill in or (TIM lnIaIn Inaurance as requIra d by Ibis agreement, or fails to provide proof of Inaurance, qts 01 1Y may terminate this Agreement upon auch branch. Upon such terminatfon, Com rector shell Immediately cease use of the Silo or facilities and commence and dlllgentty puratia the removal of any and all of Ila personal property from the site or facilities. (h) VenflcatIan S!1 QQyoToo a Consuilant shall furnish the City with a copy of Ilia policy declaration and endorsement page(s), odglnai certificates and amendatory andoraementa or copies of the applicabta policy language effecting coverage requlrad by this ciause. All cartlflcates and endorsemants are to be received and approved by the City before work commancas. however, failure to obtain the required documents prior to the work beginning ahall Tint waive the Congullant's obligation to provide them. The City reserves the right to require cumpiate, carliiiad copies of all required Insurance polirles, including endorsementa required by these specifications, lit any time. Fallurs to exercise this right shall not constitute a waiver of the City's right to exercise after the effective, date. (i) Sgff-Insula Ralen)igng Sell•insufed relentlotls must be declared to and approved by the City. The City may require the Consultant to provide proof of gbillty to pay losses end related Investigations, claim adm{rlsira{Ion, and defense expenses within the retention. The polloy language shall provide, or he endorsed to provide, that the self•lnaured retentlon may be salisflad by either the named Insured or City. u) iMLF Loi—o-UMM; Tho limits or insurance described herein shell not limit the liability of the Contractor and Contractor's ofttcers, employe on, egants, ropreasotalivas or subcontractors. Contractor's obilgagon to defend. Indemnify and hold Iha Clty and Its officers, officials, employees, agents and volunteers harmless under the provislons of thle paragraph is not Ilaiited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of Insurance. Consultant shall require and verify that all auncontraclors maintain Insuranco meeting all the requirements stated heroin, and Consultant shall ensure that City Is an addillonal Insured on Inouranco required from suboontractom (I) %ct�fliHllddSi��$ If any of the required policies provide coverage on a ciaima-rnade basis: 1. The Retroactive gale must be shown and must be psforo the date of the contract or the beginning of contract work. 2, Insurance must be malntalned and evidence of insurance must be provided for at least flea (5) years after completion of the contraot of work, 3. If coverage Is canceled or non -renewed, and not replaced with another cialms-made Polley form with a Retroactive Oat@ prior to the contract effective date, the Consultant moat purchase "extended reporting" coverage for a minimum of five (6) years after completion of contract work. (m) (�y]allflad Inaurr.�Ly] Alt insurance required by the terms of this Agreement must be provided by Inaurara licensed to do business to the Stale of California which are rated at least *A-. VI" by the AM Best Ratings Gulde, and which Pre acceptable to the My. Non admitted surplus lines carriers may be accepted provided they are included on the most recant Inst of Cellfornle allgible surplus [Ines Ineurers (LESLI list) and othervrrse meet City requirements. Signature: ),-k e D P.1,,PJiJ, INuv 1J, 702010 43 PST; Email: jmagdich@lodi.gov Page 2 1 of 2 pages I Rlsk: rev, 3/1/2018 C ra n• sarvlce#, Inc. CUSTOMER COPY PROPOSAL 60304 'l CUSTOMS NAM • us' > DATE:7-Z`1-Zoz0 ADDRE5S: 1 vri CITY:_ (-Cvi ,l VIA: PPD COLL STATE; C 4CI ZIP CODE: o F. .B. CONTACT: k) f y TE S: NET 30 DAYS PHONE: Zocq 1.,^14x'1 M CHANt SERVICES INC. RgP.*; FAX: _ SIC2NATURE; DESCRIPTION ; t r, >;_ ;, _ ? _ 1=. ;>.�r -- AMOUNT i7� t �[ ■ L ti ( (�A l � CUSTOMER APPROVAL SIGNATU CUSTOMER P.O. # DATE: p�UIS QX Ovtr V-rf UT 1, -vv 14 TOTAL co x,030 r Ulll1Illilll:l II Cal 7-13-2020 The City of Lodl Subject; Quarterly & Annual Inspections (2 Years) Attn: Nathan Shropshire W.S.W.P.C.F Maintenance Supervisor 12751 N, Thornton Rd. Lodl, Ca, 95240 Cell: 209-625-6933 Office: 209-333-6749 Ext: 4965 NShrn1Inl v1*!1?o,gov Quote - Year One: T 209.464.1472 f 209.464.2314 PO Box 30035 Stockton CA 95213 QTy DESCRIPTION COSTEACH $275.00 TOTALCOST $4,950,00 18 2 -Ton Overhead Hoist Quarterly Inspections 6 2 -Ton Overhead Hoist Annual Inspections $310.00 $1,860.00 1 Simon-RO Stinger Boom Truck Annual Inspections $395.00 $395.00 1 Knuckle Boom Truck Annual Inspections $395.00 $395.00 Job Total Cost $7,600.00 QTY DESCRIPTION COSTEACH TOTALCOST 18 2 -Ton Overhead Hoist Quarterly Inspections $275.00 $4,950,00 6 2 -Ton Overhead Hoist Annual Inspections $310,00 $1,860,00 1 Simon-RO Stinger Boom Truck Annual Inspections $395.00 $395.00 1 Knuckle Boom Truck Annual Inspections $395.00 $395.00 Job Total Cost $7,600.00 Additional Services and Rates: • Quadrennial Load Testing - $105.00 • Test Weight Rental - $25.00 Per Ton • Test Weight Trucking -$145.00 Per Hour • Scissor Lift Rental - $250.00 Per Day • Overhead RepairTechnlcian - $115.00 Per Hour • Service Truck Call Out - $125.00 Per Hour (4 Hour Minimum) • Mobile Crane & Aerial Repair In -Shop - $110.00 Per Hour (4 Hour Minimum) • Opacity Testing - $95.00 • DOT& BIT Inspections -$195.00 • DI -Electric Testing - $150.00 Note: The quantities In the above quote reflect a two-year contract. Should you have any questions, please don't hesitate to contact me at 209.598.4611. Sincerely, Matt Adams All -Cal Equipment Services Dispatch ,: F,lol7ill 3724 S, Hwy 99 Frontage Road Stockton, CA 95215 www.alicales.com Cron• Service*, GMIng. CUSTOMER COPY 1 CUSTOMER NAME: ADDRESS: �� 'CIS Rl1J Exhibit 2 PR 60365 DATE: LA -k - 207-L CITY: VIA: PPD COLL STATE: C 4 TIP CODE: 95-2-40 F.O.B. CONTACT: S C TERMS: NET 30 DAYS PHONE: 1001S7� �� GM CRANE SERVICES INC. REP:: FAX: SIGNATURE: DESCRIPTION ; CIri 04 Lo&,,S(,ec,�-�ors, ���, ��ew�1 AMOUNT AT 'Tu E ��JL..CIWM►J Q WC.��r.ur1 S �- � ��� l�.+wA,i�tf -�60.� 1��1T " - i _ t 4� N�►� _ 1. s'° 3 ��r 8K 12ro gm CUSTOMER APPROVAL SIGNATURE CUSTOMER P.O. # DATE: TOTAL Cts R� '--tevoa.' RESOLUTION NO. 2022-124 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH GM CRANE SERVICES, INC., OF STOCKTON, FOR SAFETY INSPECTIONS FOR OVERHEAD AND MOBILE CRANES WHEREAS, overhead and mobile cranes are used at White Slough Water Pollution Control Facility, Fleet Services, and Well 23 at Maggio Circle, all requiring State -regulated inspections; and WHEREAS, additional funding is required for increasing inspections costs and emergency repairs; and WHEREAS, staff recommends the City Council authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with GM Crane Services, Inc., of Stockton, for safety inspections for overhead and mobile cranes, in an amount not to exceed $10,000, for a total contract amount of $22,060. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with GM Crane Services, Inc., of Stockton, California, for safety inspections for overhead and mobile cranes, in an amount not to exceed $10,000, for a total contract amount of $22,060, thereby extending the contract through August 31, 2023; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: May 18, 2022 I hereby certify that Resolution No. 2022-124 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 18, 2022, by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Kuehne ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2022-124