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HomeMy WebLinkAboutResolution - 2015-R0252 - Contract - Bigge Crane And Rigging Co - Exterion Construction Elevator - 08/13/2015Resolution No. 2015-RO252 Item No. 6.8 August 13, 2015 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 12373 for the installation and lease of a temporary exterior construction elevator at Citizens Tower located at 1208 14° Street, Lubbock, Texas, per RFP 15 -12373 -MA, by and between the City of Lubbock and Bigge Crane and Rigging Co., of Houston, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of August '2015. — -'A// GL C. ffBERTSON, MAYOR ATTEST: Reti cca Garza, City Secretaz APPROVED AS TO CONTENT: Mark YearH o , Assistant City Manager APPROVED AUTO FORM: Q Laura Pratt, Assistant City Attorney RES.Bigge Crane and Rigging 7.15.15 7.15.15 Resolution No. 2015-RO252 �j��� f:x,exsnee rare CRANEand RIC -4=Q C& Contract 12373 14800 Jersey Shore Drive Houston TX 77047 Tel: (713) 434-0995 Fax: (713) 433-5777 Date: I Quote # I 06/19/2015 Q-00014030 With offices in Houston and Dallas, Bigge Crane & Rigging Co.. is the leader in crane, rigging and hoist rental in the great state of Texas. Bigge, founded in 1916, and in its fourth generation of ownership, provides one of the most experienced crane rental teams in the country. In addition, Bigge has the newest and most technologically advanced machines while offering our clients the most versatile fleet in the region, with 50 Tower Cranes, 100 Rough Terrain Cranes, 50 Crawler Cranes and 15 Truck Cranes, ensuring that Bigge's customers have the right equipment for any job. Customer Information : Billing Address Marta Alvarez 1625 13th Street City of Lubbock Lubbock TX USA 79401 Tel: (806) 775-2169 Phone: (806) 775-2169 Email: malvar mail-ci.lubbork.tx. u Re: Citizens Tower Job Site(s) • 1208 14th Street, Lubbock, Texas, 79401 Bigge Crane and Rigging Co. is pleased to provide the following quotation for lease. Bigge Crane and Rigging Co. currently has a full service technical facility and parts warehouse in Houston, TX to be able to offer complete service and support for the duration of your project. Hoist 4limak 650 Sinaie Mast Configuration Erection Height 160' Working Height 140' Initial Height 140' Car Configuration Car Configuration Single Car Capacity 7,1001b Car Setup RH Car Door Configuration AS Floor Details No. of Stops 11 No(s) No. of Gates 1 No(s) Building Type Concrete No. of Ties 6 No(s) Electrical Requirements Electrical Requirement 480 Volts, 3 Phase, 60 Cycle Amperage 100 Amps Billing Terms Minimum Lease Duration 12 Month(s) Replacement Values) 400,000 Maximum Monthly Hour 160 hrs Maximum Weekly Hour 40 hrs Maximum Daily Hour 8 hrs Overtime Rate 100% Doubletime Rate 100% Estimated Start Date 8/3/2015 Estimated End Date 8/1/2016 Lease Terms Mobile Crane Pricing (Installation) Included Mobile Crane Pricing (Dismantle) Included 5'V r.^a_nd4 r..a — - . -- .. Ouete # a -eon 14030 Monthly Lease Charges Item Charge Type Notes Rate UoM Quantity Total Bare Rate Monthly Rate $8,000 Month 12 $96,000 Repair Agreement Monthly Rate $2,000 Month 12 $24,000 Hoist Erection Total Monthly Lease Charges $120,000 Assembly Set Up Charges Item Charge Type Notes Rate UoM Quantity Total Engineered Drawings One Time $1,500 1 $1,500 Freight On One Time $5,000 1 $5,000 Hoist Erection One Time $28,500 1 $28,500 Load Test Lump Sum $1,000 Each 1 $1,000 Service Technician Lump Sum $2,000 Each 5 $10,000 Total Assembly Set Up Charges $46,000 Dismantle Charges Item Charge Type Notes Rate UoM Quantity Total Freight Off One Time $5,000 1 $5,000 Dismantle Hoist One Time $28,500 1 $28,500 Service Technician Lump Sum $2,000 Each 5 $10,000 Total Dismantle Charges $43,500 Total $209,500 Provided by Others i�Docksramps, landings, gates orspecial engineering g provided by Contractor General Terms • All leases are subject to applicable taxes. • Lease subject to all terms and conditions of Bigge Crane and Rigging Co.'s Bare Equipment Lease Agreement. No other terms and conditions will be applicable. • Satisfactory proof of Insurance in accordance with Bigge Crane and Rigging Co. written requirements • An on -rent and off -rent inspection is required. An authorized representative from your company must be present during both inspections. • A signed Borrowed Servant Doctrine under Addendum #1 is required if a Bigge Crane and Rigging Co. Technician is requested to assist in the erection and dismantling of the equipment or a Bigge Crane and Rigging Co. Operator is requested to operate the leased equipment. • All leases are subject to applicable taxes. Lease subject to all terms and conditions contained within the Bare Equipment Lease Agreement. No other terms and conditions will be applicable unless mutually agreed in writing. • Prior to delivery or release of the Equipment, a Bare Lease Agreement shall be fully executed and complete insurance including all actual endorsements on file with Bigge Crane and Rigging Co.. _go r a e eFd R cozg p- 116,0" jefse, g'^cre . vi t 17 T=i 71 ]: Fax ,7 1, _13-.,7-, aye 2 - c C-00011030 • Customer shall provide Bigge Crane and Rigging Co. a 60 day notice of any termination or extension. Early termination is subject to termination fees. If after meeting the minimum guaranteed rental period and Customer fails to notify Bigge Crane and Rigging Co. within 60 days of termination date, Customer shall pay for the full month's rental regardless if the maximum hours have been met. • Customer agrees to pay a Cancellation Fee equivalent to the minimum lease duration as defined in this Proposal should the Customer cancel this Agreement within one hundred twenty (120) days of the scheduled commencement of the Lease Period. • Should Customer delay taking delivery within ten (10) business days after the stated delivery date in the Proposal Letter, Bigge Crane and Rigging Co.'shall commence rental charges on the stated delivery date or, at its option, Bigge Crane and Rigging Co. may terminate this contract without liability and Customer shall be responsible for any reservation costs. • Any changes in the Rental Start Date by more than 2 weeks will require agreement by Bigge Crane and Rigging Co. and/or Bigge Crane and Rigging Co. may terminate rental. • Steel Loading Dock & Ramp - Ground Area: If Bigge Crane and Rigging Co. provides steel loading dock & ramp, Lessee shall ensure that the ground beneath these items must be compacted, level, free of debris/water prior to delivery. Lessee shall maintain the ground beneath loading dock and keep it free of debris/water. • Landing Thresholds/Upper landing bridges: Any all landing thresholds or upper landing bridges (to bridge any space from hoist cage/car to the building landing deck/levels) that may be required shall be completely provided, installed and removed by the Lessee. Can be provided by Bigge Crane and Rigging Co. for additional charge. • Mobilizations do not account for weather related delays such as, but not limited to, wind, rain, or snow. Customer will be responsible for Bigge's employees show up time per the Union contract. Rates • Additional utilization of the Equipment will be billed on a monthly basis as mentioned above based on Standard Time rates. Rental charges shall not be reduced by any unused portion of the rental period increment stated herein. • Overtime and Double -Time rates shall apply for any work occurring on Saturday, Sunday and standard Bank Holidays. Invoicing & payments • Bigge Crane and Rigging Co.'s invoice shall be paid at the beginning of each month at a 28 day monthly cycle. • All the costs as referenced in the Proposal including, but not limited to, anchors, transportation, installation, certifications and first months lease for the equipment shall be paid in the first invoice. • No retention shall be withheld. • Any costs associated with any mandatory billing system as required by Customer such as Textura shall be charged to and paid for by Customer. Electrical Requirements • Proper installation of this Equipment requires the electrical requirements be met as mentioned above. Equipment Inspections • On -rent and off -rent inspections are required. An authorized representative from Customer must be present during both inspections. Erection and Dismantle Service • Customer may elect to add an Erection and Dismantle Service under an Addendum covering the erection, jumps and dismantlement of Equipment, including parts and labor, at an additional cost. o:gg, C,a. an .3 ca. -.c 3'38 u jenia, Si _ -,a 0, _ _uaL_,n TX '1'r4 Tv i _ _o Pax -.. 1 .,; , OOCIE c: 0-00C 14030 • Any Operators or Technicians requested by Customer shall be agreed under the terms of Bigge Crane and Rigging Co.'s standard Borrowed Servant Addendum to perform any of the erection, jumps, operation, maintenance service, and dismantlement. Bigge Crane and Rigging Co. will not be responsible for any delays in the schedule if the Customer does not provide a 30 day notice prior to any erection, jump or dismantlement and/or if start dates are yet not established. • Customer will provide a 30 day notice prior to any erection, jump or dismantlement if dates are yet not established. • Weekend and holiday work is subject to overtime and doubletime pay. • Customer will assume responsibility for all stand-by time exceeding one (1) hour created by inclement weather, labor strikes, orjobsite condition, even if beyond Customer's control. • Under no circumstances shall Bigge Crane and Rigging Co. be liable for the cost of any downtime or delays in delivery, delays in installation, testing or for consequential damages for the failure of any parts or Equipment to operate. • The assist crane, all Equipment parts and other items will be given free and clear access at all times. All erection and dismantle pricing based on maximum assist crane working radius as stated herein. Equipment Repair Agreement • Customer may elect to add an Equipment Repair Agreement (ERA) covering repair of the Equipment, including parts and labor, at an additional cost. Customer damage that occurs as a DIRECT OR INDIRECT result of misuse, accident, or lack of daily maintenance by the operator is not covered by the ERA and will be billed to Customer. Billable Items • Technical assistance will be provided upon written request by Customer during erection and dismantle of the Equipment and will be billed per Bigge Crane and Rigging Co.'s published standard rate sheet. Such rate sheet will be available upon request by Customer. • Equipment operation manuals and manufacturers drawings will be supplied upon written request. • Custom Engineered Drawings are available upon request for an additional charge. Excluded Items • THIS proposal and pricing excludes responsibility for ANY liquidated or consequential damages. Bigge Crane and Rigging Co. DOES not accept the imposition of liquidated or consequential damages which may be levied against ANY project. • Quoted price excludes costs related to operators, rigging personnel, and signal persons not specifically included in this Proposal. Pricing for any activities, such as erection, jumps, re -torque, does not include costs for an operator. • Quoted price excludes any foundation engineering and wall -tie attachment engineering. • Quoted price excludes any required shoring for Equipment, trucks or assist cranes. • Quoted price excludes any required swing and trolley limiting devices, either Zoning or Anti -Collision Systems. • Quoted price excludes any apparatus, system, and parts that are not included in the quote, including but not limited to, lifting accessories, tools, embeds, gates, steel dock and ramp, call boxes, tie-ins, counterweights, test weights, jibs, base anchors. Insurance and Bonds • Customer must provide satisfactory EQUIPMENT -SPECIFIC insurance in accordance with Bigge Crane and Rigging Co. Bare Equipment Lease Agreement. For Erection and Dismantle services or Operated and Maintained services of the Equipment, Bigge Crane and Rigging Co. can provide up to $2 Million of General Liability coverage per occurrence and per aggregate. If additional limits are required by Customer then Bigge Crane and Rigging Co. will charge for any increase in coverage amount. 4OCNC,ae ,JR,0 r,a a143 R_, 9hurvu,.. hous!on-X 7,47T, 7-I _9r_raa-r7114­�,.- ?3•=3o:I • In the event Bigge Crane and Rigging Co. has to enroll in any mandatory insurance program required by Customer or Owner, then all costs, including but not limited to, administrative and enrollment fees will be charged to and paid for by Customer. • Any bonds required by customer the bonds premium will be charged to for the account of customer. • Pricing provided is net of the OCIP, CCIP, WRAP or any Controlled Insurance Program costs and no further discounts shall be provided. Labor Rates • Unless mutually agreed, labor rates shall be subject to escalations per Union agreements. Customer Responsibilities, prior to arrival on site • Provide free and clear access (on ground and in aerial space) with adequate working and storage space for the purposes of Biggs Crane and Rigging Co.'s work. • Provide Bigge Crane and Rigging Co. with firm level soil, all weathered work area capable of supporting the loads imposed by Bigge Crane and Rigging Co.'s equipment. • Provide permanent and correct power supply as required to operate and run the Equipment. • Ensure that structure is ready for erecting, mounting and tying -in of the Equipment. • Responsible for the installation of the foundations and structural supports in accordance with the stamped and approved design, prior to crane erection per OSHA requirements and shall confirm in writing to Bigge Crane and Rigging Co.. Termination Fees • Bigge Crane and Rigging Co. reserves the right to charge the remaining guaranteed minimum rental, demobilization, transportation, and reservation cost should Customer elects to terminate for convenience or cancel any rental within 24 hours of dispatching. Lease rates are subject to change and are based on availability at the time of order acceptance. Total Liability Cap • Bigge Crane and Rigging Co.'s total liability shall not exceed 25% of the contract value. Limitation of Liability • Unless otherwise expressly represented, lessor is not the manufacturer of the equipment. Lessor extends no warranties, express or implied, of merchantability, fitness for a particular purpose, design, materials, or otherwise, except as set forth in this agreement. In no event shall lessor or the manufacturer (or its component suppliers) of the equipment be liable for any delay, work stoppage, loss of use of equipment, loss of time, inconvenience, loss of profit, or any direct, indirect, incidental, liquidated, special or consequential damages. This proposal is based upon reaching a mutually agreeable contract, referencing this quotation letter, and containing the following additional specific conditions and Bigge Crane and Rigging Co.'s standard terms and conditions referenced in this document. • Our proposal and pricing are based on this submittal and all terms and conditions herein forming part of the resulting contract by inclusion. Equipment subject to availability and prior commitment. Payments: Accounts due and payable, in full, on presentation of invoice - no retention. • Upon the execution and return of the acknowledgement below accepting this proposal and the terms and conditions contained herein we will prepare and forward to you the Bare Equipment Lease Agreement for execution along with our insurance requirements. • TAXES - LESSEE shall be liable for and shall pay all licenses, permits, fees, taxes and assessments, and penalties and fines, if any, assessed or levied by an public authority against the Equipment, this Quote and the transaction represented thereby, or any interest therein or any part thereof, or arising out of the ownership, use, operation or possession of the Equipment hereunder. Nothing in this paragraph is to be construed as meaning that the LESSEE is to pay the personal property tax levied against the machinery rented when said machinery is delivered within the home state of the LESSOR, as In this case the LESSOR is to pay his own personal property tax. In the event the Equipment is rented outside of the home stale of the LESSOR, any and all taxes assessed against the machinery, including personal property tax, are to be paid by the LESSEE. Bigge Crane and Rigging Co.'s proposal and pricing are contingent on providing a maximum of S2 Million General Liability, S4 Million Aggregate. A request for higher limits not included in a bid specification or advice provided prior to our bid will be subject to an increase in our pricing. Thank you for the opportunity to be of service, Reno Russell Tower Crane Sales Rep Email: nussell@bigge.com Tel: (972) 837-9770 The parties agree to the terms of Exhibit A and B attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LUBBOCK, TX: Glen . Rob /Mayor APPROVED AS �T.,O FORM: Laura Pratt, Assistant City Attorney CONTRACTOR: Contractor' Signat Julio G. Castro Contracts Manager Title Exhibit A A. Non -Arbitration The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. B. Nonappropriation All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs fust. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. Exbitit B City of Lubbock, Texas RFP 15 -12323 -MA INSURANCE REQUIREMENTS SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate, along with a copy of the additional insured endorsement, to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractors right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractors sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): Type General Liability Auto Liability Workers Compensation Amount General Aggregate of $1,000,000 General Aggregate of $1,000,000 Statutory limits The City of Lubbock shall be named as additional insured on liability coverages on a primary and non-contributory basis with a waiver of subrogation in favor of the City on all coverages. To include products of completed operations endorsement. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 131h Street, Room L04 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability.