Resolution No. 7735Vj
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RESOLUTION NO. 7735
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ACCEPTING THE BID OF JDML, INC., DBA
STANDARD INDUSTRIES, ON BID NO. 1407 FOR THE
REMOVAL AND DISPOSAL OF THREE (3) OIL STORAGE TANKS
FROM THE POWER PLANT AND AUTHORIZING THE EXECUTION
OF A CONTRACT AND THE ISSUANCE OFAPURCHASE ORDER
RESPECTING SAID BID
WHEREAS, three (3) oil storage tanks from the Vernon Power
(Plant need to be removed and disposed of in order to prepare the site
for construction of a new generation plant; and
WHEREAS, on March 20, 2001, the Finance Committee approved
(the recommendation of Bruce V. Malkenhorst, the Director of Finance,
dated March 15, 2001, that authority be granted for the Purchasing
Agent, or his designee, to seek formal bids for the removal and
disposal of three (3) oil storage tanks from the Vernon Power Plant, at
an estimated cost of between Twenty Thousand Dollars and No Cents
($20,000.00) and Forty -Five Thousand Dollars and No Cents ($45,000.00);
and
WHEREAS, the Purchasing Department proceeded to solicit bids
Ion Bid No. 1407 for the removal and disposal of three (3) oil storage
tanks and sealed bids for Bid No. 1407 were opened on April 11, 2001;
and
WHEREAS, the following bids were received on Bid No. 1407:
Standard Industries Demolition Contractors (JDML, Inc., dba Standard
Industries) bid a total of Twenty -Eight Thousand Four Hundred One
Dollars and No Cents ($28,401.00), Lopez General Engineering
Contractors, Inc. bid a total of Twenty -Eight Thousand Nine Hundred
Dollars and No Cents ($28,900.00), and Kern Environmental Services bid
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SECTION 5: All other bids in connection with Bid No. 1407
are rejected, subject to execution of the aforesaid contract documents
from JDML, Inc., dba Standard Industries, accompanied by all required
certificates.
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 2"d day of May, 2001.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MALB RG, Ma or
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7735, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, May 2,
2001, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
- 4 -
EXHIBIT
AM"
THIS AGREEMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered and used
as the original hereof for all purposes, as of this day of May,
2001, in the City of Vernon, County of Los Angeles, California
BY AND BETWEEN The City of Vernon (hereinafter
referred to as the "City")
4305 Santa Fe Avenue
Vernon, CA 90058
AND JDML, Inc., dba Standard
Industries (hereinafter referred
to as "Standard Industries")
215 Rocklite Road
P.O. Box 23278
Ventura, CA 93002
WHEREAS, the City needs the services of a vendor to remove
and dispose of three (3) oil storage tanks from the Vernon Power Plant
located at 2715 E. 50th Street in the City of Vernon; and
WHEREAS, on March 28, 2001, the City issued Bid No. 1407
which sets forth specifications for the removal and disposal of the
three (3) oil storage tanks from the Vernon Power Plant; and
WHEREAS, on or about April 2, 2001, Standard Industries
responded to Bid No. 1407; and
WHEREAS, the City has accepted the bid of Standard Industries
and desires to retain its services to remove and dispose of the three
(3) oil storage tanks from the Vernon Power Plant located at 2715 E.
50th Street in the City of Vernon.
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NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
IFORTH HEREIN:
1. Scope of Services. Standard Industries agrees to
furnish the necessary labor, materials, supplies, equipment,
transportation and supervision to remove and dispose of the three (3)
oil storage tanks from the Vernon Power Plant located at 2715 E. 50th
Street in the City of Vernon according to the specifications contained
in the City's Bid documents dated March 28, 2001, and Standard
Industries' Bid of April 2, 2001 (the "Bid Documents"). A copy of the
Bid Documents are attached hereto as Exhibit "A" and incorporated
therein by reference. Hazardous material encountered in the demolition
procedure including, but not limited to, identification, removal,
handling and/or disposal are not included in the Scope of Services.
2. Price. Consistent with its Bid, Standard Industries
agrees to provide labor, materials, supplies, equipment, transportation
and supervision for the removal and disposal of the three (3) oil
(storage tanks from the Vernon Power Plant for the total sum of Twenty -
Eight Thousand Four Hundred One Dollars and No Cents ($28,401.00),
without tax.
3. Payment Terms. The City agrees to pay Standard
Industries upon completion of the services to be provided under this
Contract. Standard Industries shall invoice the City for the total
amount due under the contract, Twenty -Eight Thousand Four Hundred One
Dollars and No Cents ($28,401.00), without tax. The City will then pay
the total amount of the invoice within thirty (30) days.
4. Warranties. Standard Industries shall provide any
warranties typically provided by Standard Industries in connection with
similar work, and any other warranties made applicable by law.
2 -
1 5. Governing Law. The validity, interpretation and
2 performance of this contract shall be controlled and construed under
3 the laws of the State of California.
4 6. Notices. Notices to the parties, unless otherwise
5 requested in writing, shall be sent to:
6
7 City: THE CITY OF VERNON
ATTN: DOLORES FONSECA
8 PURCHASING ASSISTANT
4305 SANTA FE AVENUE
9 VERNON, CA 90058-0805
10 Standard
Industries: JDML, INC., DBA STANDARD INDUSTRIES
11 ATTN: RANDY MAYES
215.ROCKLITE ROAD
12 P. O. BOX 23278
VENTURA, CA 93002
13
14 7. General Provisions.
15 A. Independent Contractor. At all times during the
16 term of this Contract, Standard Industries shall be an independent
17 contractor and shall not be an employee of the City. The City shall
18 have the right to control Standard Industries only insofar as the
19 results of Standard Industries' services rendered pursuant to this
20 Contract; however, the City shall not have the right to control the
21 means by which Standard Industries accomplishes services rendered
22 pursuant to the Contract except to the extent that such services
23 involve the use of City property or Confidential Information.
24 B• Standard Industries Not Agent. Except as the
25 City may specify in writing, Standard Industries shall have no
26 authority, expressed or implied, to act on behalf of the City in any
27 capacity whatsoever as an agent. Standard Industries shall have no,
28 authority, expressed or implied, pursuant to this Contract to bind the
-3-
I City to any obligation whatsoever.
2 C. Indemnification. Standard Industries shall
3 indemnify, defend, protect and hold the City and its officers, agents
4 and employees, free and harmless from and against any and all claims,
5 demands, losses, damages, liabilities, fines, charges, penalties,
6 orders, judgments and all costs and expenses incurred in connection
7 therewith, including reasonable attorney's fees and costs of defense
$ arising out of the services performed under this Contract, except to
9 the extent arising from or caused by the sole negligence or willful
10 misconduct of the City, its officers, agents or employees.
11 D. Comprehensive General and Automobile Insurance.
12 Standard Industries agrees to provide insurance in the amounts and
13 forms specified in Exhibit "B," which is attached hereto and made a
14 part hereof by reference. Comparable coverage shall be provided for
15 each subcontractor used in the performance of this Contract. Standard
16 Industries shall submit to the City documentation indicating
17 compliance with these minimum requirements no less than one (1) day
18 prior to the beginning of performance under this Contract. Standard
19 Industries shall not commence performance of its services under this
20 Contract until the above insurance has been obtained and proof of
21 insurance has been filed with and approved by the City.
22 8. CONFIDENTIAL INFORMATION.
23 A. Access to Confidential Information. The City may
24 provide Standard Industries with, or allow Standard Industries access
25 to, certain information not.available to the public concerning the
26 City, or businesses located in the City. Such information may include
27 company information, taxes, sales, value of assets, or other such
28 information. All such information shall be known as "Confidential
_4,
I Information."
2 B. No Disclosure. Except as expressly permitted,
3 Standard Industries shall not disclose, permit the disclosure of,
4 release, disseminate, or transfer, whether orally or by any other
5 means, any part of such Confidential Information to any other person
6 or entity, whether corporate, governmental, or individual, without the
7 express prior written consent of an authorized representative of the
8 City. Standard Industries shall return any written Confidential
9 Information, and all copies made of such items, to the City upon the
10 City's written request, but in any event not later than the date that
11 the Standard Industries has performed all services to be performed
12 pursuant to this Agreement. Standard Industries hereby agrees that
13 such Confidential Information and any documents provided may be used
14 by Standard Industries only as authorized by the City. Standard
15 Industries shall take reasonable measures to avoid any disclosure of
16 any such Confidential Information to any unauthorized person.
17 C. Court Ordered Disclosure. Standard Industries
18 shall immediately notify the City of any court order or subpoena
19 requiring disclosure of Confidential Information, and shall cooperate
20 with legal counsel in the appeal or challenge of any such order or
21 subpoena. Recipient may only disclose Confidential Information
22 required to be disclosed pursuant to court order or subpoena after
231 legal counsel has exhausted any lawful and timely appeal or challenge.
24 D. Remedies. In addition to any other remedies that
25 it may have at law or in equity, the City shall be entitled to a
26 temporary and permanent injunction by a court of competent
27 jurisdiction against any breach or threatened breach of the
28 Confidential Information provisions of this Agreement. standard
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Industries acknowledges that in case of such breach or threatened
breach of said provisions, the City would have no adequate remedy at
law.
9. Entire Agreement. This Contract is the entire
agreement of the parties. Standard Industries represents that in
entering into this Contract, it has not relied on any previous
representations or understandings of any kind or nature.
10. Benefit of Agreement. This Contract shall bind and
benefit the parties hereto and their heirs, successors, and permitted
assigns.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed by and through their authorized officers on the date,
month and year first written above.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
CITY OF VERNON
By:
LEONIS C. MALBURG, Mayor
JDM
By:
Tit
W.
fIVff A
' 04/17/2001 09:25 FAX 323 581 7924
CITY OF VERNON J LEHR IM002
REQUEST fOR QUOTATIONS
NOT A PURCHASE ORDER
DIRECT ALL INQUIRIES To
CITY PURCHASING AGENT
TELEPHONE4(E't8j bS3-8811
3VI
CITY OF VERNON, CALIFOR141A
PURCHASING DEPARTMENT
CITY HALL
4305 Santa Fe Ave. — Vernon, California 90058
Tp Standard Industries Demolition Contractors
P.Q. Box 23278
MUIEONLY-
QUOTATION407
�/
Please quote hereon -the lowest net rice you can furnish the articles or services specified below. Quote on each Item separately. Bidder may
qualify quotations as "all. a; non—*" y stating so on body of form. City reserves the right to accept or reject quotations received on any or all
items. In order to maintain their name on City's Bidder File, Vendor should return this form whether a price is quoted -or not.
NET UNIT �tItCE TOTAL
QUANTITY DESCRIPTION
Removal and disposal of three oil storage tanks
at the City of Vernon Power Plant located at
2715 E. 50th Street..
Vendor must provide insurance per attached City of
Vernon requirement.
***PLEASE NOTE***
Sid number must be shown on the outside of the return
envelope, otherwise bid will not be accepted.
28,401400
IF INSUFFICIENT SPACE PROVIDED ABOVE FOR PROPOSAL ATTACH RIDERISUPPLEMItNT. CASH DISCOQUOTED FOR PERIODS OF LESS THAN 30 DAYS WILL NOT BE CONSIDERORDER IS AWARDED.RECEIVED IN RESPONSE To IM REQUEST FOR CNJOTATION WILL BE OPITY PURCHASING AGENTSON THE DAY OF t�T
NOTE: Quote Prices exclusivs of Saps Tax and Excise Taxes.
A. indicate Sales Toxin this space :........... Q.................................. B. indicate Excise Tax in this space $ .........
GAbove quotations subject to Cash Discount of .......... Q ...................... F.O.B...............................................
.................
D. To be delivered to CITY OF VERNON at.....................................................__........_.....-_..........................................................
We (i) agree to furnish above In .... U ..3.0................. days from receipt
o'f' purchase erdx at Prices spe�cifi-end.
FOR^'.�-..:::L:1L�.!`.Yt'..................................
O/1T£.. .:.1... a....«.... ........ SIGN
INSURANCE FORM LETTER
(To be issued on insurance carrier letterhead. This
letter must be notarized).
Date:
City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Insurance for City of Vernon
(description of permit or contract)
Policy Number(s)
Named Insured:
City Clerk:
I hereby certify that the certificate of insurance attached
hereto and made- a part hereof by reference truly and accurately
represents the above cited insurance policies* and the insurance
coverage of each for the named insured issued by
(insurance carrier).
The City of Vernon, its officers, and employees are included
in said policies as additional insureds and the City,. of Vernon will
be provided with thirty '(30) days .written notice of cancellation or
mate�rial..eduction of coverage.
certify that I am an officer of the insurance carrier named
}Sereil and that I am authorized to sign this certificate on behalf
of sait insurance carrier. ,
Cr
;r Signature
Title
12/91
INSURANCE SCHEDULE (CONTRACTOR)
The Contractor shall provide proof of insurance, including a standard
certificate of insurance, in at least the following amounts and
coverage (combined single limit permitted):
Automobile Liability
Owned Automobiles $ 500,000 $1,000,600 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 :$ 500,000
Non-OwDed Automobiles 9 _ 50,000 $1,000,000 5 500,009
porkers ' .Combensati on 8 Statlll'cry
II. General Liability
Premises Operations $1,000,000 $2,000,000 $1,000,000
Elevato-rs '
Aif applicable) $1,000,000 $2,000,000 $1,000,000
Independent
Contractors $1,000,000 $2.,000,000 $1,000,000
Products - Completed
Operations $1,000,000 $2,000,000 $1,000,000
Contract Liability 81 000 000 82,000,000 S1,0001000
a:% a -general liability policy shall contain the following special
ehdor.lements which shall be noted on or attached to the standard
certAicate. of insurance:
cr
t7.. An endorsement naming the City of Vernon, its officers, and
emplc'e3yees as insureds under the policy.
`~'2. An endorsement providing the City of Vernon thirty (30) days
notice of cancellation or material reduction of coverage,
3. An endorsement providing coverage for all operations under
City of Vernon Contract Number
4.. Such other endorsement as may be required by addendum
hereto.
b. In addition to the standard certificate of. insurance, proof of
general., and umbrella liability coverage shall be furnish4sd in the
form checked below. Cert.i f � rati on of the fQ lowing proofs by the
insurance agent Qr brQkker will ngt be accepted:
. x For each policy, a notarized letter from the underwriter or
carrier certifying that the coverage and statements in the
standard certificate of insurance (attached thereto) are
true and correct and that the signator is an officer
authorized to so certify.
A copy of each policy certified by an officer of the
underwriter -or carrier and notarized.
EXHIBIT 0
I EXHIBIT B
2 INSURANCE SCHEDULE (STANDARD INDUSTRIES)
3 Standard Industries shall provide proof of insurance, including a standard certificate of insurance, in at
4 least the following amounts and coverage (combined single limit permitted):
5 1. Coverage and Limits
Bodily Injury Property Damage
6 Hazards Each Person Each Accident Each Accident
7 Automobile Liability
8 Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 $ 500,000
9 Non -Owned -Automobiles $ 500.000 $1,000,000 $ 500,000
Workers' Compensation $ Statutory,
10 Employers' Liability $1,000,000 per employer
it
II. General and Professional Liability
12
General Liability $1,000,000 $2,000,000 $1,000,000
13 Premises Operations $1,000,000 $2,000,000 $1,000,000
14 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000
Independent Contractors $1,000,000 $2,000,000 $1,000,000
15 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000
Contract Liability $1,000,000 $2,000,000 $1,000,000
16 Professional Liability $2,000,000 $2,000,000 $2,000,000
17 a. The general liability policy shall contain the following special endorsements which shall be noted on or
18 attached to the standard certificate of insurance:
19 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds
under the policy.
20 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
21 reduction of coverage.
3. An endorsement providing coverage for all operations under this Agreement.
221 4. Such other endorsement as may be required by addendum hereto.
23 b. In addition to the standard certificate of insurance, proof of general and professional liability coverage
shall be furnished in the form checked below. Certification of the following proofs by the insurance
24 agent or broker will not be accepted:
25
X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and
26 statements in the standard certificate of insurance (attached thereto) are true and correct and that
27 the signator is an officer authorized to so certify.
28 A copy of each policy certified by an officer of the underwriter or carrier and notarized.
4 �,1,'p'
SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
June 14, 2001
JDML, Inc., DBA Standard Industries
Attn: Randy Mayers
215 Rocklite Road
P.O. BOX 23278
Ventura, CA 93002
Re: Bid No. 1407
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Dear Mr. Randy Mayers:
Transmitted herewith is an executed original copy of the Contract for
services to remove and dispose of three (3) oil storage tanks, approved
at the Vernon City Council meeting held May 2, 2001.
If you have any questions regarding this matter, please call Dolores
Fonseca, at 323/583-8811 ext. 234.
Very truly yours,
Gloria J. O
Chief Deputy
GJO:ng
CC: Dolores Fonseca
Ken DeDario
Resolution No. 7735
Agreement File No. 01-032
City Clerk