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HomeMy WebLinkAboutMr. Crane - 2024-07-31 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MR. CRANE FOR CRANE AND RIGGING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called"City," and Mr. Crane, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of crane and rigging services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: • 1. Scope of Services Contractor shall provide all services as described in Exhibit"A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Joe Uribe, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 24-14922/346930 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services,the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement, shall not exceed Two Thousand Five Hundred Twenty Four Dollars and Fifty Cents ($2,524.50)during the term of this Agreement. b. Payment by City shall be made within thirty(30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commences 3 2 or as soon as practicable after the execution of this Agreement by City(the"Coment Date") and terminate three (3)years from Commencement Date,unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A"or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including,without limitation, all original drawings, designs,reports, both field and office notices, calculations, computer code, language, date or programs,maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 24-14922/346930 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 24-14922/346930 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however,ten(10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 24-14922/346930 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 24-14922/346930 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent(as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Mr. Crane Attn: Fire Chief Attn: Joe Uribe 2000 Main Street 647 North Hariton Street Huntington Beach, CA 92648 Orange, CA 92868 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 24-14922/346930 6 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for City; 24-14922/346930 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City,to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 24-14922/346930 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf,which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 24-14922/346930 9 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a MR. CRANE municipal corporation of the State of Californ'I viimo By: ef °�- - Mayor Print name ITS: (circle one) Chairman/President/ offq,674417.1dAt Vice President C ty Clerk .41.3//2/- AND By: INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Fire Chief COUNTERPART APPROVED AS TO FORM: re,f Cit t rncy REVIEWED AND APPROVED: Tit_ City Manager 24-14922/346930 10 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a MR. CRANE municipal corporation of the State of California By: Mayor Andy Steinberg Print name ITS: (circle one) Chairman/President/ Vice President _ City Clerk AND By. /9___",) Larry Stahlhoefer INITIATED AND APPROVED: Print name ITS: (circle one) Secretaivjgaref Financia digaSt Asst. Secretary-Treasurer Fire Chief COUNTERPART APPROVED AS TO FORM: City Attorney alt REVIEWED AND APPROVED: City Manager 24-14922/346930 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Retrofit LED lighting at the HCP Sports Complex. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: SEE ATTACHED EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 24-14922/346930 11 ACC ® DATE(MM/DDIYYYY) O/QC, CERTIFICATE OF LIABILITY INSURANCE 2/14/2024 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. 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). CONTPRODUCER NAME: molly Molly McCarthy Emery&Karrigan, Inc. PHONE FAX 9880 SW Beaverton-Hillsdale Hwy E a No.Extl: (A/C,No): Suite 202 ADDRESS: certs@emerykarrigan.com_ Beaverton OR 97005 INSURER(S)AFFORDING COVERAGE NAICA _ INSURER A:Clear Blue Specialty Insurance Company 37745 INSURED MRCRANE-01 INSURER a:National Interstate Insurance 32620 Mr. Crane Inc. 647 N Hariton INSURER C:Vanliner Insurance Company 21172 Orange CA 92868-1311 INSURER D:_ INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:675529245 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. INSR AODL UBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD SWVD POLICY NUMBER (MMI D/YYYYI IMM/D0/YYYYI LIMITS A X COMMERCIAL GENERAL LIABIUTY Y AW03-RS-2400067-04 2/15/2024 2/15/2025 EACH OCCURRENCE $1,000,000 ____ l CIAIMS-MADE l X (OCCUR PREMISES occurrence) $100,000 _. X Hook Liability MED EXP(Any one person) $10,000 X Over The Road ME PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 - I OTHER:POLICY X JECT l LOC PRODUCTS-COMP/OP AGO $2,000,000 $ B AUTOMOBILE LIABILITY Y SCR 0000499-09 1/1/2024 1/1/2025 COMBINED t)SINGLE LIMIT $1,000,000 (Ea acciden X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY _ AUTOS - X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY ,� AUTOS ONLY (Per accident) _ $ A UMBRELLA LIAB X OCCUR V AW042400027-04 2/15/2024 2/15/2025 EACH OCCURRENCE $5,000,000 X EXCESS DAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTIONS $ C WORKERS COMPENSATION SCW 0000499-09 1/1/2024 1/1/2025 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MFMBEREXCLUDED? ( l NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached II more space Is required) Re:Permit. The City of Huntington Beach,its officers,elected or appointed officials,employees,agents,and volunteers are named as additional insured when required by written contract per the attached endorsements,including CG2010 04/13&CG2037 04/13.Coverage is primary/non-contributory when required by written contract per the attached endorsement.Excess policies are follow form over the General,Auto,and Employer Liability policies,includi Hook Liability.; APPROVED AS TO FORM By MICHAEL E.GATES CITY CERTIFICATE HOLDER CANCELLATION OF NUN NCIT nlbaT 1ObI CITY N BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach Permits Dept. ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE USA ���------ I O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD :1.I!rv,:,fnjyf, "`)"?T).'r:•fas .l ;: ..; POLICY NUMBER: AW03-RS-2400067-04 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 The City of Huntington Beach, its Permit . officers, elected or appointed officials, employees, agents, and volunteers 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodilyinjury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. 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. CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER: AW03-RS-2400067-04 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 ily of Hintington Beach, its officers, Permit . elected or appointed officials, employees, agents and volunteers are named as additional insured when required by written contract. 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 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. CG 20 37 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number: AW03-RS-2400067-04 COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CO 20 01 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 • Policy Number: SCR 0000499-09 COMMERCIAL AUTO CA 50 57 01 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. WHO IS AN INSURED,under A COVERAGE,SECTION II, is amended to include as an"insured",any person or organization you are required to add as an additional insured on this policy under a written contract, agreement or permit which must be: a. currently in effect or becoming effective during the term of the policy;and b. executed prior to the"bodily injury"or"property damage." The insurance provided to this additional Insured is limited as follows: 1. That person or organization is an additional insured only with respect to liability arising out of your operations performed for that additional insured as specified in the written contract, agreement or permit, 2. The limits of insurance applicable to the additional insured are those in written contract, agreement, permit or in the Declarations for this policy, whichever are less.These limits of insurance are inclusive of and not in addition to the Limit of Insurance for Liability Coverage shown in the Declarations. 3. Coverage is not provided for"bodily injury"or"property damage"arising out of the sole negligence of the additional insured. Any coverage provided hereunder will be excess over any other valid and collectible insurance available to the additional insured whether primary, excess,contingent or on any other basis unless a contract specifically requires that this insurance be primary. When this insurance is in excess, we will have no duty to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that"suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insurer's rights against all those other insurers. All other terms and conditions of this policy remain unchanged. CA 50 57 01 09 Includes copyrighted material of Insurance Services Office, Inc with its Page 1 of 1 permission. Copyright, Insurance Services Office, inc. SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MR.CRANE FOR CRANE AND RIGGING SERVICES THIS AGREEMENT("Agreement")is made and entered into by and between the City of Huntington Beach,a municipal corporation of the State of California,hereinafter called"City,"and Mr. Crane,hereinafter referred to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of crane and rigging.services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement,Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company,or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW,THEREFORE,it is agreed by City and Contractor as follows: 1. Scone of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the"Project." Contractor hereby designates Joe Uribe,who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance . City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 24-14922/346930 1 3. Compensation a. City agrees to pay,and Contractor agrees toisr-eptits-TolaTpayment for its services, the rates and charges identified in Exhibit"Br"r The total sum to be expended under this Agreement, shall not exceed Two Thousand Five Hundred Twenty Four Dollars and Fifty Cents ($2,524.50)during the term of this Agreement. b. Payment by City shall be made within thirty(30) days following receipt of proper invoice evidencing work performed,subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence ,or as soon as practicable after the execution of this Agreement by City (the "Commencement Date")and terminate three (3)years from Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A"or changes in the scope of services described in Exhibit"A,"Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation,all original drawings,designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents,shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 24-14922/346930 2 solely�� 7. Hold Harmless Contractor hereby agrees to protect,defend,i%ilemnify and hold harmless City, its officers,elected or appointed officials,employees/agents,and volunteers from and against any and all claims,damages, losses,expenses,judgments, demands and defense costs,and consequential damage or liability gfany kind or nature,however caused, including those resulting from death or injyt`y to Contractor's employees and damage to Contractor's property, arising lirestlyer-4directly out of the obligations or operations herein undertaken by Contractor,caused in whole or in part by any negligent act or omission of the Contractor,any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence,except where caused by the active negligence,sole negligence,or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation;Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors'employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend,hold harmless and indemnify City,Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability,of One Million Dollars ($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 24-14922/346930 3 the aggregate limit must be no less than One Million Dollars($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars ($1,000,000)for this Project/Service. This policy shall name City,its officers,elected or appointed officials,employees,agents,and volunteers as Additional Insureds,and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self insured retention,or a"deductible"or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00)per occurrence and a separate"Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers"as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention,"deductible"or any similar form of limitation on the required coverage except. with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder,Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement;the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force;and c. promise that such policy shall not be suspended,voided or canceled by either party,reduced in coverage or in limits except after thirty(30)days' prior written notice;however,ten(10)days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense,hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay,in a prompt and timely manner,the premiums on the insurance hereinabove required. 24-14922/346930 12. Independent Contractor Contractor is,and shall be,acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure At its own cost and expense,and be responsible for any and all payment of all taxes,social security,state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses,if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty(30)days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination,subject to the following conditions: a. As a condition of such payment,the Director may require Contractor to deliver to the City all work product completed as of such date,and in such case such work product shall be the property of the City unless prohibited by law,and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor,and supersedes any and all other agreements,oral or written,between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with,or in addition to,the terms and conditions hereof,shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations,inducements,promises or agreements, orally or otherwise,have been made by any party,or anyone acting on behalf of any party,which are not embodied herein. 24-14922/346930 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor,Contractor may not assign,transfer,delegate,or subcontract any interest herein without the prior written consent of the City and any such assignment,transfer; delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. • 18. Notices Any notices,certificates,or other communications hereunder shall be given either by personal delivery to Contractor's agent(as designated in Section 1 hereinabove)or to City as the situation shall warrant,or by enclosing the same in a sealed envelope,postage prepaid,and depositing the same in the United States Postal Service,to the addresses below. City and Contractor may designate different addresses to which subsequent notices,certificates or other communications will be sent by notifying the other party via personal delivery,a reputable overnight carrier or U.S.certified U.S.certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Mr.Crane Attn: Fire Chief Attn:Joe Uribe 2000 Main Street 647 North Hariton Street Huntington Beach,CA 92648 Orange,CA 92868 19. Consent When City's consent/approval is required under this Agreement,its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 24-14922/346930 6 21. Section Headings The titles,captions, section,paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of mattersincluded or excluded from such provisions,and do not interpret,define,limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole,according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable,void,illegal or invalid,such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement,the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law,ordinance or regulation contrary to which the parties have no right to contract,then the latter shall prevail,and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. . 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals,each of which so executed shall, irrespective of the date of its execution and delivery,be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. . Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall,in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services,and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for City; 24-14922/346930 ?. and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor-recognizes that in the performance of its duties under this Agreement,it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting,training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this,Contractor agrees,at the request of the City,to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race,color,creed,religion,sex, marital status,sexual orientation,age,national origin,ancestry,or disability, as defined and prohibited by applicable law, in the recruitment,selection,training,utilization, promotion,termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity,interpretation, performance,and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation,performance,and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California,shall be the venue for any action or proceeding that may be brought or arise out of,in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall,through the term of this Agreement,maintain all necessary licenses,permits,approvals,waivers,and exemptions necessary for the provision of the services hereunder and required by the Iaws and regulations of the United States,the State of California,the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits,licenses,approvals,waivers,and exemptions. Said inability shall be cause for termination of this Agreement. 24-14922/346930 8 30. Attorney's Fees In the event suit is brought by either party to construe,interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof,each party shall bear its own attorney's fees,such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power,authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not,in fact,held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation,and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations,inducements, promises,agreements or warranties,oral or otherwise,have been made by that party or anyone acting on that party's behalf,which are not embodied in this Agreement,and that that party has not executed this Agreement in reliance on any representation,inducement, promise,agreement warranty,fact or circumstance not expressly set forth in this Agreement (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 24-14922/346930 9 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Crane and rigging services Contractor's B. DUTIES AND RESPONSIBILITIES: SEE ATTACHED EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 24-14922/346930 1 I Proposal Number: Q-0030617 Proposal Date: 7/10/2024 �r CRANEY Proposed By: Joe Uribe Exhibit A /�/ Phone: (714)955-2953 Email:joe@mrcrane.com s. a DEFY GRAVITY Project/Customer Details _Jr -__- Customer: Huntington Beach Fire Department PO Number: Contact: Allison Esquetini Job Start Date: 7/11/2024 Phone: 657-237-9948 Job Name: Huntington Beach Fire Department Email: allison.esquetini@surfcity-hb.org Job Address: 18301 Gothard St Huntington Beach CA 92648 Job Requirements Crane Type: 40 Ton Truck Crane Main Boom: 105 Heaviest Pick: 7500 Jib/Luffer: N/A Radius: 50 Counterweight: Full Working Days: 1 Rigger/Signalmen: By Mr. Crane, see rates below Rigging Required: Nylons shackles-Container lifters Scope Of Work: Hoist 20'-0 shipping container(Tan) and relocate on north side of property Hoist 30'-0 Shipping Container(Red) load onto Mr. Crane provided trailer and relocate to southwest side of yard, offload and set with crane. Special Instructions: Crane set up and working area to be level and free of any overhead, underground or construction obstacles. Equipment/Services Item Description Quantity Unit Measure Rate Amount 40 Ton Crane Rental 5.00 Hours $275.00 $1,375.00 Estimated duration-Includes travel time, actual to be billed(4hr Min) Permits/Licensing 1.00 Each $95.00 $95.00 Trucking 5.00 Hours $165.00 $825.00 Estimated duration-Includes travel time, actual to be billed(4hr min) Fuel&Compliance Surcharge= 10% Estimated Subtotal: $2,295.00 10% Fuel &Compliance Surcharge Subtotal: $229.50 Estimated Total: $2,524.50 Approval To Proceed Mr. Crane,Inc. is pleased to present this proposal to provide labor and equipment for the project indicated above. We appreciate the opportunity to showcase our expertise and look forward to working with you on this project. Please reach out directly to Joe Uribe if you have any questions. Signature Customer Signature Customer Full Name Date Generated by Joe Uribe 7/10/2024 View Terms&Conditions at www.mrcrane.com/client-portal/ Page 1 o'2 Proposal Number: Q-0030617 Proposal Date: 7/10/2024 MR. CE Proposed By:Joe Uribe Phone: (714) 955-2953 DEFY GRAVITY Email:joe@m mrcrane.co 1. Estimate Disclaimer.The total provided is an estimate based solely on the information provided by the customer.Please note that these totals estimate projected costs and should not be considered a fixed amount.Issuance of a purchase order,equipment scheduling,or any payment prior to work execution does not guarantee that the actual costs will not exceed the pre-paid or estimated amount.Mr.Crane retains the right to bill for the total actual costs of the work,as determined upon completion.All charges will be determined based on the actual hours worked and billed in increments of 30 minutes.Rates and conditions are subject to change without prior notice.This estimate is valid for a period of 30 days and is subject to equipment availability. 2. Rate Escalation Sdiedule:To account for annual cost increases,Mr.Crane will increase all published rates listed in the above proposal by 6%each year,effective for work starting after July 1st. 3. Labor Compliance/Certified Payroll:Labor Compliance/Certified Payroll packages will be billed at the negotiated rate specified in the proposal.If certified payroll Is requested after the start of a project,it will be billed at a minimum of 5300/submittal for the duration of the project. 4- Engineering Services:Lift engineering or professional engineerng review services are available at an addition'cost. 5. Qualified Signalmen and Rigging Personnel:The customer must furnish written documentation certifying the qualification of their signalmen and rigging personnel to ensure the safe operation of the crane'n compliance with applicable laws.Mr.Crane can supp y Qualified Signalman/Riggers at additional cost. 6. Rigging Responsibility:The customer is expected to provide all the rigging required for the project.If Mr.Crane elects to provide the rigging,any damage incurred will be invoiced to the customer at a cost rate plus 15%.My proof testing or certification of rigging may result'n additional charges. 7. Special Equipment Loeding/Unloading Charges:Charges wil be added to load and unload spec al equipment. 8. Site Protections:Timber mats,steel p ates,or other s to protect ons can be provided at an additlona.cost. 9. Access Provision:The customer is responsible for providing free,clear,safe,and compact a I-weather access to fat litate the erection,dismantling,and operation of all equipment provided by Mr.Crane OSHA Regulations Title 8,Section 4991.1 Ground Condit ons 10. Permits and Compliance:Unless specifically mentioned n this quote,the customer is responsible for obtaining all necessary traffic control,street use permits,FAA or OSHA permits in accordance with ocal regulations. 11. Travel Permits:Mr.Crane wil arrange travel perm is at the proposed rate.Permits will be billed for mobil zation and demobilization of equipment. 12. Travel Restrictions:Permitted equipment/loads are subject to travel restrictions imposed by state,county,and city permit regulations.All curfew standby will be charged at the applicable crew time rate. 13. Training and Orientation:Any site-specific training,90-day drug testing,OSHA 10/30,or customer orientation required for Mr.Crane personnel will be invoiced at the applicable labor rates. 14. Fuel and Compliance Charges:Fuel costs and mandatory industry compliance or insurance charges related to crane operation will be added to the final invoice amount.Mr.Crane can provide additional insurance above the standard coverage for an additional fee. 15. Minimum Rental Charges:A minimum rental period of four hours applies to daily equipment rentals,and an eight-hour minimum applies to ongoing projects for crane holdover.All charges are ca cu ated from the time of departure from the yard unti the return to the yard(portal-to portal). 16 Long Boom Pay:Cranes with boom lengths exzeeding 80 feet will be subject to long boom pay provisions of the Union Agreement.A minimum of four hours applies.Long boom rates do not apply to trave hours P ease refer t:z Mr Cranes rate sheet for the addit one hourly ong boom charges. 17. Union Agreement:All work will be performed and billed in accordance with the oca Operating Engineers and/or rron Workers Local Union area agreement. 18. Favorable Overtime or Work Rules"Me Too Cause":If Operating Engineers work with a craft with more favorable overtime or work rules,they will be compensated as required by the Union Agreement. 19. Meal Period Requirement:Local 12 Operating Engineers A ha f-hour meal period must be provided within five hours of the start of work.Failure to provide the meal period will resu tin payment of an additional K hour penalty at the double-time rate. Local 433 Ironworkers—If workmen are required to work cont nuously for more than four and one-half hours(4 K)or five hours(5)when the normal starting time is established before 8:00 a.m without an opportunity for lunch during the period of a normal shift,they shall receive overt me pay for work after the four and one-half hours(4 K),or five(5) hours until the opportunity to take time for lunch is afforded and shall thereafter be allowed a reasonable opportunity to eat lunch. 20. Missed Breaks:Any missed breaks w ll result in a 1 hour penalty at the applicable union rate for Local 12 and Local 433. 21. Daily Subsistence Rate/Travel Pay:The daily subsistence/travel will be paid at the applicable rate per the Local 12&Local 433 agreement. 22. Customer Pm-Payment Policy:Dispatch of equipment to the job site s cont agent upon the confirmation that the customer has a sufficient pre-approved credit limit or has pre-paid for the quoted services. 23. Delays and Factors Beyond Control:Mr.Crane is not responsib e for delays caused by equipment malfunctions,weather conditions,or other causes beyond our control. 24. Waiver of Liability:Prior to commencing work,the customer must sign a waiver of liability releas rig Mr.Crane from any liability for site damage caused by crane operations. However,if the customer directly instructs Mr Crane to proceed without signing the waiver,it is understood that it s agreed upon Generated by Joe Unbe 7/10/2024 View Terms&Conditions at www.mrcrane.corn/client-oolal. Page 2 of 2