HomeMy WebLinkAboutCAG2022-072 - Original - Konecranes, Inc. - Annual Monorail Hoist Inspections - 02/22/2022Nancy Yoshitake for Dustin Phelan Public Works
02/22/2022 02/24/2022
N/A
41005550.64830.7431 N/A
Konecranes, Inc.Contract
Other
Annual Monorail Hoist Inspections
Perform hoist inspections and recertification at four Water
Department facilities and one Sewer facility.
Other
6/30/22
$1,390
Original_____
CAG2022-072
2/25/22
GOODS & SERVICES AGREEMENT - 1
($20,000 or Less, incl. WSST)
GOODS & SERVICES AGREEMENT
between the City of Kent and
Konecranes, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Konecranes, Inc. organized under the laws of the State of Washington,
located and doing business at 8735 S. 212th Street, Kent, WA 98031, Phone: (253) 620-7063, Contact:
Kevin Haberman (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
The Vendor shall provide the following goods and materials and/or perform the following services
for the City:
The Vendor shall complete annual monorail hoist inspections and recertification at four City
of Kent Water Department Facilities and one Sewer Facility:
1. Clark Springs - 24875 Kent Kangley Road
2. Kent Springs - 28600 216th Avenue SE
3. Pump Station #5 - 23825 98th Avenue S
4. Pump Station #1 - 11302 SE 236th Place
5. Lindental Sewer Pump Station (2 hoists) - 26432 118th Place SE
For a description, see the Scope of Work and Vendor's Renewal Offer which is attached as
Exhibit A and incorporated by this reference.
The Vendor acknowledges and understands that it is not the City’s exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these goods,
materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall
complete the work and provide all goods, materials, and services by June 30, 2022.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Thousand,
Three Hundred Ninety Dollars ($1,390), including applicable Washington State Sales Tax, for the goods,
materials, and services contemplated in this Agreement. The City shall pay the Vendor the following
amounts according to the following schedule:
Vendor shall be paid after execution of agreement, and completion of inspections and
recertification.
GOODS & SERVICES AGREEMENT - 2
($20,000 or Less, including WSST)
Card Payment Program. The Vendor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this
Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card
companies. The Vendor shall not charge those fees back to the City.
If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the
option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is
unable, for any reason, to complete any part of this Agreement, the City may obtain the
goods, materials or services from other sources, and the Vendor shall be liable to the City
for any additional costs incurred by the City. "Additional costs" shall mean all reasonable
costs, including legal costs and attorney fees, incurred by the City beyond the maximum
Agreement price specified above. The City further reserves its right to deduct these
additional costs incurred to complete this Agreement with other sources, from any and all
amounts due or to become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT
IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Vendor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Vendor maintains and pays for its own place of business from which the Vendor’s
services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained the Vendor’s services, or the Vendor is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the Vendor’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.
GOODS & SERVICES AGREEMENT - 3
($20,000 or Less, including WSST)
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor determines,
for any reason, that an amendment is necessary, the Vendor must submit a written amendment request
to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the
requested change. If the City determines that the change increases or decreases the Vendor's costs or
time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to
agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall
proceed with the amended work upon receiving either a written amendment from the City or an oral order
from the City before actually receiving the written amendment. If the Vendor fails to require an
amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent
amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable
adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the
adjustment as provided in subsections A through E of Section VIII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the
Vendor as provided in this section shall constitute full payment and final settlement of all claims for
contract time and for direct, indirect and consequential costs, including costs of delays related to any
work, either covered or affected by the change.
VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or
failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire,
flood, or other natural disaster or acts of government (“force majeure event”). Performance that is
prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both
parties represent to the other that at the time of signing this Agreement, they are able to perform as
required and their performance will not be prevented, hindered, or delayed by the current COVID-19
pandemic, any existing state or national declarations of emergency, or any current social distancing
restrictions or personal protective equipment requirements that may be required under federal, state, or
local law in response to the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the
obligation.
Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Vendor to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Vendor.
VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give
written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events
GOODS & SERVICES AGREEMENT - 4
($20,000 or Less, including WSST)
giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages,
additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall
be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED
BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of
the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The
Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and the Vendor’s representations to City. The
Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or
GOODS & SERVICES AGREEMENT - 5
($20,000 or Less, including WSST)
should have known of the defect, or (2) upon the Vendor’s receipt of notification from the City of the
existence or discovery of the defect. In the event any part of the goods are repaired, only original
replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected,
the warranty for that portion of the work shall extend for an additional year beyond the original warranty
period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7)
calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the
corrections within a reasonable time as determined by the City, the City may complete the corrections and
the Vendor shall pay all costs incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates.
The Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the
attached Compliance Statement.
XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of the Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then the
Vendor shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Vendor’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this
reference.
XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
GOODS & SERVICES AGREEMENT - 6
($20,000 or Less, including WSST)
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and the Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement
may be subject to public review and disclosure, even if those records are not produced to or possessed by
the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties
and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
GOODS & SERVICES AGREEMENT - 7
($20,000 or Less, including WSST)
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
VENDOR:
By:
Print Name:
Its:
DATE:
CITY OF KENT:
By:
Print Name: David A. Brock, P.E.
Its: Deputy Director Operations Manager
DATE:
NOTICES TO BE SENT TO:
VENDOR:
Kevin Haberman
Konecranes, Inc.
8735 S. 212th Street
Kent, WA 98031
(253) 620-7063 (telephone)
(253) 872-3458 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Chad Bieren, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
ATTEST:
Kent City Clerk
Konecranes - Inspections 5/Phelan
EEO COMPLIANCE DOCUMENTS - 1 of 3
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
Crane Inspections
Business Development
2/22/22
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 3 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EXHIBIT A
KONEGRANE&'
SERVICE AGREEMENT Lifting Businesses
RENEWAL OFFER
Offer number. 1-17HNJV5T/2 Page 2 - 15
Based on our discussion and your inputs, we are offering the following maintenance program with
the products as described. The scope of this offer includes the following Programs or Products:
CARE
The CARE Preventive Maintenance Program is the foundation of lifecycle care. It has been designed to
improve equipment safety and productivity through the systematic application of preventive maintenance
inspections, routine maintenance, the risk and recommendation method, and remote monitoring where
available.
CARE is tailored based on equipment specifics, duty classification, usage, environment, statutory
requirements, manufacturers' recommendations and service history.
MAINMANTm Assessment, or MAINMAN Planned Maintenance, is the core Service Product of the CARE
Preventive Maintenance Program and provides a baseline for maintenance planning, tracking, reporting
and Customer consultation.
De 'verab es
Service Reports
Safety Notification delivered before crane is put back into operation, when applicable
Access to Customer Portal
jA ;�`MA ..@ ASSESSMENT
Description
The MAINMAN Assessment is a preventive maintenance inspection that provides a baseline for
maintenance planning, tracking, reporting and consultation. It is designed to provide an in-depth picture of
the condition of the equipment while also fulfilling the requirements of the periodic compliance inspection
in the US and Canada. Certified inspectors use Konecranes proprietary maintenance software,
MAINMAN, to perform detailed preventive maintenance assessments.
Findings identified at the time of the inspection are systematically interpreted, categorized and reported
using our proprietary Risk and Recommendation Method. The report not only assists in the planning of
needed actions to keep equipment safe to use and compliant with statutory regulations, but it also
provides prioritized recommendations to further improve the reliability and performance of the equipment.
Benefits
• Helps fulfill periodic compliance inspection requirements
• Helps identify safety and production risks
■ Consultative approach helps guide decision making
• Records inspection findings in such detail that preventive maintenance and other actions
can be planned and executed
Deliverables
Safety Notification delivered before equipment is returned to operation, when applicable
MAINMAN Report
Inspection label attached to the crane
Konecranes, Inc., 8735 S 212th Street, Kent, Washington, USA, 98031-1921. Fax: (253) 872-3458, Email: kevin.haberrnan@konecranes.com
Business ID . Springfield Ohio 45502-9339. http://www.konecranesusa.com/
SERVICE AGREEMENT
RENEWAL OFFER
Offer number: 1-17HNJV5T/2 Page 3 - 15
ROUTF,: E `. A- NTE `: ANCE
KON EC CAN ES
Lifting Businesses
Description
Routine Maintenance has been designed to perform maintenance work such as adjusting and lubricating
with the intent of satisfying manufacturer maintenance instructions.
Benefits
* Can help reduce component wear and unplanned downtime
Helps maintain equipment performance and availability
Deliverables
• Safety Notification delivered before the equipment is returned to operation, when applicable
• Service report
Scope for Programs or Products is determined in more detail in the description(s) attached hereto.
Konecranes, Inc., B735 S 212th Street, Kent, Washington, USA, 98031-1921. Fax: (253) 872-3458, Email: kevin.haberrnan@konecranes.com
Business ID . Springfield Ohio 45502-9339. http://www.konecranesusa.com/
SERVICE AGREEMENT
RENEWAL OFFER
Offer number: 1-17HNJV5T/2 Page 4 - 15
Pricing Summary
Total price is $1,390.00.
Pricing summary details are attached.
KONEC.RANES
Lifting Businesses'
Prices quoted herein are exclusive of all taxes, charges and duties (including but not limited to value added tax and bank charges),
and any such items shall be paid by you or reimbursed by you in case paid by us.
Delivery time
At the present time, the estimated start date of this program is 2/9/2022. Subsequent service visits shall
be carried out in accordance with the schedule set forth in section "Life Cycle Maintenance Plan
Summary" of this offer. The specific timing of service is subject to confirmation by our office at the time of
your acceptance.
Term of Payment
All payments in 15 Days net from date of invoice.
Invoicing Frequency
Invoicing occurs every service visit month.
Man Lifts: If required, the customer is responsible for providing a man lift for access to the Gran (s)o
Konecranes can rent one at an additional char a not included in this quote
Konecranes, Inc., 8735 S 212th Street, Kent, Washington, USA, 98031-1921. Fax: (253) 872-3458, Email: kevin.haberrnan@konecranes.com
Business ID . Springfield Ohio 45502-9339. http:/Awww.konecranesusa.com/
SERVICE AGREEMENT
RENEWAL OFFER
Offer number: 1-17HNJV5T/2 Page 5 - 15
Validity of offer
KONECRANES7
Lifting Businesses -
This offer is valid until 2/28/2022. Please accept this offer by placing your signature at the end of this
document and returning it to us.
This quotation, proposal or offer is subject to and incorporates as if fully rewritten herein the Seller's
Standard Terms and Conditions of Sale (Revision 06.01.2021), a copy of which is attached hereto or is
available at sUSA.cor or upon request of Buyer.
Any of the following actions will also constitute your unqualified acceptance of this offer: we receive a verbal or written purchase
order, work order, or other similar order for the services contemplated herein from you; you remain silent and we perform the
services under this offer and you are aware of such performance; we receive full or partial payment for the services contemplated
herein; or any other conduct by you that recognizes the existence of a contract with respect to the subject matter of this offer.
We will confirm scheduling of your first service visit immediately upon receipt of your authorization.
Should you have any questions, please contact us at any time. We sincerely appreciate the opportunity to
be of service.
Yours truly,
Konecranes, Inc.
Kevin Haberman
Tel:412/296-0833
�necrarles.rar
Accepted:
City of Kent I Water Quality Maintenance Operations
PO number:
Konecranes, Inc., 8735 S 212th Street, Kent, Washington, USA, 98031-1921. Fax: (253) 872-3458, Email: kevin.habennan@konecranes.com
Business ID . Springfield Ohio 45502-9339. http:/twww.konecranesusa.com/
SERVICE AGREEMENT
RENEWAL OFFER
Offer number: 1-17HNJV5T/2 Page 6 - 15
ATTACHMENTS
Product Scope:
The following are included in the CARE Program:
• One of the following preventive maintenance products:
KONEORANESA
Lifting Businesses'
o MAINMAN Assessment combined with Routine Maintenance
o MAINMAN Planned Maintenance,
o Periodic Compliance Inspection combined with Routine Maintenance
• Application of Risk and Recommendation Method
• Visit/Safety Review
• Service Review
• Business Review
A AN@ ASSESSMENT
The MAINMAN Assessment includes a visual inspection, as well as operational and functional test of the
equipment.
Konecranes will typically inspect mechanical components for maladjustment, excessive wear, cracks,
corrosion, improper attachment, improper function, deformations and oil leakages; and electrical
components for improper function, corrosion, deterioration and improper attachment.
Inspected items typically include:
• Limit switches, overload protection and other safety devices
• Safety and operational labels, capacity markings
• Hoist brake, motor, coupling and gear
■ Rope drum, rope/chain, rope sheaves/chain wheels, hook block, hook, hook latches
Covers and guards
• Traveling, traversing and rotating machineries
• Mainline disconnect, crane main switch, power supply, electric panels, control devices
• Crane and trolley structures, end trucks, walkways and stairs
■ Bumpers, end stops
• Pneumatic or hydraulic systems
■ Lubrication points
• Lighting
• Previous inspection documents
NOTE: Inspected components depend on the equipment structure.
The following is not included:
• Measurements, except when the inspector verifies visual observation
• Lubrications, adjustments, load test, oil analysis, repairs or replacement of any parts
• Inspection of internal components that require disassembly, such as gear cases, coupling
and internal hook block
Konecranes, Inc., 8735 S 212th Street, Kent, Washington, USA, 98031-1921. Fax: (253) 872-3458, Email: kevin.haberrnan@konecranes.com
Business ID . Springfield Ohio 45502-9339. http:/twww.konecranesusa.com/
SERVICE AGREEMENT
RENEWAL OFFER
Offer number. 1-17HNJV5T/2 Page 7 - 15
ROUT' E MA NTEMANCE
KC)NECRANES
Lifting Businesses"
Routine Maintenance typically includes:
• Checking for proper equipment lubrication
• Lubrication of mechanical components, such as wire ropes, rope sheaves, hook -block, crane and
trolley wheel assemblies, when necessary
• Supply of the basic lubricants used for the above mentioned objects
• Checking for correct oil level or quantity and, when necessary, top -off of hoist and travel gears
and other machinery components
• Brake adjustments
• Limit switch adjustments
• Cleaning individual items as required for service.
The following is not included:
• Service of internal components that require disassembly, such as gear cases, coupling and
internal hook block
Inspections, replacements or repairs of components
Special adjustment procedures such as motor or coupling alignment
Oil change procedures and lubricants needed for it
Konecranes, Inc., 8735 S 212th Street, Kent, Washington, USA, 98031-1921. Fax: (253) 872-3458, Email: kevin.habennan@konecranes.com
Business ID . Springfield Ohio 45502-9339. http://www.koneGranesusa.com/
SERVICE AGREEMENT
RENEWAL OFFER
Otter number: 1-17HNJV5T/2 Page 8 - 15
Life Cycle Maintenance Plan Details
KONECAANES
Lifting Businesses"
Asset #
Customer
Asset Type
Location
Service Product
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Od
Nov
Dec
Asset Name
004 Pump
Monorail
11302 SE
MAINMAN Assessment
X
1-92304476457
Station 1
system -1
236th PI
trolley electric
chain hoist
1-92304476457
004 Pump
Monorail
11302 SE
Routine Maintenance
X
Station 1
system - 1
236th PI
trolley electric
chain hoist
1-94811058176
Manual chain
Manual chain
MAINMAN Assessment
X
hoist
hoist
1-94811058178
Manuel chain
Manual chain
Routine Maintenance
X
hoist
hoist
1-94811058201
Electric Wire
Single girder
MAINMAN Assessment
X
Rope Hoist
EOT -1 trolley
wire rope hoist
1-94811058201
Electric Wire
Single girder
Routine Maintenance
X
Rope Hoist
EOT -1 trolley
wire rope hoist
NWD72441
0001 KENT
Monorail 28600216th
MAINMAN Assessment
X
SPRINGS
system -1 ave SE.
trolley electric KENT, WA.
chain hoist 98042
Konecranes, Inc., 8735 S 212th Street, Kent, Washington, USA, 98031-1921. Fax: (253) B72-3458, Email: kevin.habevnan@konecranes.com
Business ID . Springfield Ohio 45502-9339. http:/Nmw.konecranesusa,corn/
SERVICE AGREEMENT
RENEWAL OFFER
Offer number: 1-17HNJV5T/2
Page 9 - 15
KONECAANE5
Lifting Businesses -
0001 KENT
Monorail
Monorail
28600 21611 I
Routine Maintenance
X
SPRINGS
system -1
ave BE.
trolley electric
KENT, WA.
chain hoist
98042
NW072442
Monorail
0002 CLARK
24875 BE
MAINMANAssecsmant
X
SPRINGS
system - 1
Kent-Kangley
trolley electric
rd. Maple
chain hoist
Valley, WA.
98038
NWD72442
24875 SE
0002 CLARK
Monorail
Routine Maintenance
X
SPRINGS
system -1
Kent-Kangley
trolley electric
rd. Maple
chain hoist
Valley, WA.
Monorail
98038
23819 98th
NWD802250
0003 PUMP
MAINMAN Assessment
X
STATION #5
system -1
ave s Kent,
trolley manual
WA. 98031
0003 PUMP
chain hoist
Monorail
NWDS02250
23819 98th
Routine Maintenance
X
STATION #5
system -1
ave s Kent,
trolley manual
WA. 98031
chain hoist
Konecranes, Inc., $735 S 212th Street, Kent, Washington, USA, 98031-1921. Fax: (253) 872-3458, Email: kevin.habennan@konecranes.com
Business ID . Springfield Ohio 45502-9339. http://www.konecranesusa.com/
SERVICE AGREEMENT
RENEWAL OFFER
Offer number. 1-17HNJV5T/2 Page 10- 15
Pricing Details
11<0NEGRANES"
Lifting Businesses'
Asset #
Customer Asset
Asset Type
Location
Service Product
j
Name
1- 004 Pump Monorail system -1
11302 SE
Routine Maintenance
923044764 Station 1 trolley electric chain
236th PI
57 hoist
MAINMAN
j
Assessment
1-
Manual chain Manual chain hoist
Routine Maintenance
948110581
hoist
76
j
MAINMAN
Assessment
1-
Electric Wire
Single girder EOT - 1
Routine Maintenance
948110582
Rope Hoist
trolley wire rope hoist
01
MAINMAN
Assessment
NWD7244
0001 KENT
Monorail system - 1
28600 216th
Routine Maintenance
1
SPRINGS
trolley electric chain
ave SE. KENT,
hoist
WA. 98042
MAINMAN
Assessment
NWD7244
0002 CLARK
Monorail system -1
24875 SE
Routine Maintenance
2
SPRINGS
trolley electric chain
Kent-Kangley
hoist
rd. Maple
Valley, WA.
98038
MAINMAN
1
Assessment
NWD8022
0003 PUMP Monorail system -1 23819 98th
Routine Maintenance
50
STATION #5 trolley manual chain ave s Kent,
hoist WA. 98031
MAINMAN
`
Assessment
j Total Price.1
$1,390.00
Konecranes, Inc., 8735 S 212th Street, Kent, Washington, USA, 98031-1921. Fax: (253) 872-3458, Email: kevin.haberman@konecranes.com
Business ID . Springfield Ohio 45502-9339. http:itwww.konecranesusa.com/
EXHIBIT B INSURANCE REQUIREMENTS FORSERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Contractor’s Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
2. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1.Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
aggregate limit.
2. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor’s
insurance and shall not contribute with it.
2. The Contractor’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the contractor and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Contractor’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
Policy Number: GLD 5607002
Policy Period: 10/01/2021 - 10/01/2022
Policy Number: GLD 5607002
Policy Period: 10/01/2021 - 10/01/2022
Policy Number: GLD 5607002
Policy Period: 10/01/2021 - 10/01/2022
ANY OWNER, LESSEE OR CONTRACTOR
YOU HAVE INCLUDED AS AN ADDITIONAL
INSURED UNDER WRITTEN CONTRACT OR
ANY OWNER, LESSEE OR CONTRACTOR YOU
HAVE INCLUDED AS AN ADDITIONAL
INSURED UNDER A WRITTEN CONTRACT OR
AGREEMENT
ANY OWNER LESSEE OR CONTRACTOR YOU
HAVE INCLUDED AS AN ADDITIONAL
INSURED UNDER A WRITTEN CONTRACT OR
AGREEMENT
AS REQUIRED BY WRITTEN CONTRACT OR
AGREEMENT