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Resolution No. 8276• .1 a 1 RESOLUTION NO. 8276 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF 4 AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES 5 BY AND BETWEEN THE CITY OF VERNON AND RHINO CONSTRUCTION SERVICES FOR THE MALBURG.GENERATING 6 STATION PROJECT 7 WHEREAS, the City of Vernon ("City") is constructing a 134 8 MW Combined Cycle Power Plant, the Malburg Generating Station (the 9 "Malburg Project"), for the purpose of installing additional 10 generating capacity that will yield an efficient, cost-effective, and 11 reliable source of electric generation to the City's inhabitants; and 12 WHEREAS, on July 16, 2003, the City Council of the City of 13 Vernon adopted Resolution No. 8252 with the intention of expediting the 14 purchase of supplies and services for the Malburg Project; and 15 WHEREAS, the City has determined that it needs the services 16 of a qualified vendor to install a protection scheme for the new #4 17 Auxiliary Bank Transformer that would encompass a ground detection 18 transformer in the 2500 KVA transformer neutral circuit and a circuit 19 for the currents, voltage and trip circuits running to the control room 20 (hereinafter referred to as the "Circuitry Installation"); and 21 WHEREAS, Rhino Construction Services ("Rhino") submitted two 22 proposals dated July 7, 2003 and July 21, 2003, that includes a 23 description of the proposed Circuit Installation services and the cost 24 of those services; and 25 WHEREAS, the City has determined that Rhino possesses the 26 technical knowledge and expertise to perform Circuitry Installation 27 services for the Malburg Project; and 28 WHEREAS, on August 26, 2003, the Finance Committee considered ' ♦ 1 1 the recommendation of the Finance Director to retain the services of 2 Rhino to facilitate the construction and operation of the Malburg 3 Project; and 4 WHEREAS, the City Council of the City of Vernon has 5 determined that, pursuant to the provisions of subsection (a) of 6 Section 2.27 of the Vernon City Code, it is in the public interest and 7 necessity to enter into a contract with Rhino setting forth the terms 8 and conditions for the performance of the Circuitry Installation during 9 construction of the Malburg Project to enhance services provided to the'. 10 Vernon community. 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 12 CITY OF VERNON AS FOLLOWS: 13 SECTION 1: The City Council of the City of Vernon hereby 14 finds and determines that the recitals contained hereinabove are true 15 and correct 16 SECTION 2: The City Council of the City of Vernon hereby 17 approves the Equipment Purchase and Professional Services Contract 18 with Rhino Construction Services, a copy which is attached hereto as 19 Exhibit "A" and made a part hereof. 20 SECTION 3: The City Council of the City of Vernon hereby 21 authorizes the Mayor and the City Clerk to execute said Agreement for, 22 and on behalf of, the City of Vernon. 23 SECTION 4: The City Council of the City of Vernon hereby 24 directs the City Clerk, or his designee, to send one fully executed 25 Agreement to: 26 Rhino Construction Services Attn. James Megorden 27 2672 Kempton Drive 28 Los Alamitos, CA 90720 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5: 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 3rd day of'September, 2003. ATTEST: I BRUCE V. MALKENHORST, City Clerk LEONIS C. MAL URG, M yor - 3 - EXHIBIT l EQUIPMENT PURCHASE AND PROFESSIONAL SERVICES CONTRACT 2 3 THIS CONTRACT is made, entered into and executed in 4 duplicate originals, either copy of which may be considered and used 5 as the original hereof for all purposes, as of this day of 6 2003, in the City of Vernon, County of Los Angeles, California 7 BY AND BETWEEN THE CITY OF VERNON 8 (hereinafter referred to as "City") 9 4305 Santa Fe Avenue Vernon, CA 90058 10 AND RHINO CONSTRUCTION SERVICES 11 (hereinafter referred to as "Rhino") 12 2672 Kempton Drive Los Alamitos, CA 90720 13 14 RECITALS 15 WHEREAS, City is constructing the Malburg Generating Station 16 Combined Cycle Power Plant at 2715 E. 50th Street in the City of 17 Vernon (the "Malburg Project") for purposes of installing additional 18 generating capacity that is capable of yielding cost effective, 19 efficient and reliable electricity to meet its goals, while meeting 20 Federal, State and local environmental and siting requirements; and 21 WHEREAS, the Malburg Project team has determined that in 22 order to implement a protection scheme for the new #4 Auxiliary Bank 23 Transformer, a ground detection transformer must be installed in the 24 2500 KVA transformer neutral circuit and a circuit for the currents, 25 voltage and trip circuits must be run to the control room (hereinafter 26 collectively referred to as the "Circuitry Installation"); and 27 WHEREAS, in order to facilitate the Circuitry Installation, 28 the Malburg Project team requested proposals from qualified vendors to I furnish the necessary labor and materials; and 2 WHEREAS, Rhino prepared (i) a Proposal (RCS-3-27-rev) dated 3 July 7, 2003 to provide conduit and wiring for the Circuitry 4 Installation; and (ii) a Proposal (RCS-3-29) dated July 21, 2003 to 5 provide conduit, wiring and potential transformer for the Circuitry 6 Installation (hereinafter collectively referred to as the "Proposal"), 7 a copy of which is attached hereto as Exhibit "A" and made a part 8 hereof; and 9 WHEREAS, Rhino represents that it is qualified and capable 10 of furnishing the labor, materials and expertise necessary to perform 11 the Circuitry Installation that the City requires as set forth in the 12 Proposal and is willing to do so on the terms and conditions set forth 13 below; and 14 WHEREAS, the City desires to enter into an agreement with 15 Rhino to provide for the labor and materials necessary for the 16 Circuitry Installation. 17 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 18 FORTH HEREIN: 19 1. Scope of Services. 20 Rhino agrees to sell, deliver, install and test the 21 necessary material and equipment for the Circuitry Installation as set 22 forth and described in detail in the attached Exhibit "A." In the 23 event of a conflict between the Proposals and this Contract, the terms 24 of this Contract shall prevail 25 2. Time of Performance. 26 Rhino's performance as identified herein shall commence upon 27 the full execution of this Contract and shall be completed no later 28 than five (5) weeks from the issuance of the City's Purchase Order. - 2 _ - I If the Circuitry Installation is not completed within this.time 2 period, the City shall have the option of canceling this Contract in 3 order to proceed with the purchase and installation of the equipment 4 and services from another vendor. 5 3. Testing. 6 Rhino shall begin testing the Circuitry Installation 7 promptly after the system has been installed. City's acceptance of 8 the Circuitry Installation shall be contingent upon the City's 9 verification of the test results. In the event that the test results 10 reveal that the Circuitry Installation does not meet the City's 11 preliminary specifications or the City identifies any damage to the 12 equipment, the City shall have the option of rejecting the entire 13 project, rejecting only the damaged equipment or accepting the entire 14 project. Rhino shall be responsible for all costs that may be 15 incurred in connection with the rejection and/or replacement of 16 damaged equipment. 17 4. Price. 18 The total amount to be paid to Rhino for the equipment and 19 services performed under the Proposal shall not exceed the sum of 20 Thirty Thousand Two Hundred Twenty -Five Dollars and No Cents 21 ($30,225.00), all costs included. 22 5. Payment Terms. 23 City agrees to pay Rhino for the full amount due under the 24 Contract for the Circuitry Installation within thirty (30) days after 25 City's receipt, testing and acceptance of the Circuitry Installation 26 and the City's receipt of an invoice from Rhino. 27 6. Change and Extra Services. City reserves the right to 28 request changes in the equipment design, delivery dates, or additions - 3 - I to or deletions from the equipment purchased from Rhino. All such 2 changes shall be incorporated in written change orders executed by 3 City and Rhino and shall specify the changes ordered and the 4 adjustment of prices, delivery schedules and warranties. Any 5 equipment or services added under this section shall be executed under 6 all applicable conditions of this Contract. No claim for additional 7 compensation or extension of time shall be recognized unless contained 8 in a duly executed change order. 9 7. Cancellation/Default. In the event that Rhino commits 14 a breach of a material condition of this Contract, City shall notify 11 Rhino in writing of said breach and if Rhino has not cured or begun 12 reasonable efforts to cure after fifteen (15) days of receipt of said 13 notice, and fails to diligently pursue corrective action, City shall 14 have the right to cancel this Contract for cause based on Rhino's 15 default. Rhino shall be responsible for any direct costs due to 16 City's re -procurement of the equivalent of the equipment or services 17 cancelled from Rhino. 18 8. Confidential Information. 19 A. Access to Confidential Information. City may 20 provide Rhino and/or its subcontractor with, or allow Rhino access to, 21 certain information not available to the public concerning City, or 22 businesses located in City. The information may include company 23 information, taxes, sales, value of assets, or other such information. 24 All such information shall be known as "Confidential Information" and 25 may not be used to circumvent the responsibility of either party to 26 this Contract. 27 B. No Disclosure. Except as expressly permitted, 28 Rhino and/or its subcontractor shall not disclose, permit the - 4 - I disclosure of, release, disseminate, or transfer, whether orally or by 2 any other means, any part of such Confidential Information to any 3 other person or entity, whether corporate, governmental, or 4 individual, without the express prior written consent of an authorized 5 representative of City. Rhino and/or its subcontractor shall return 6 any written Confidential Information and all copies made of such items 7 to City upon City's written request, but in any event not later than 8 the date that Rhino has performed all services to be performed 9 pursuant to this Contract. Rhino hereby agrees that such Confidential 10 Information and any documents provided may be used by Rhino and/or its 11 subcontractor only as authorized by the City. Rhino shall include a 12 contract provision in its contract with subcontractors that binds the 13 subcontractors to this non -disclosure requirement. Rhino shall take 14 reasonable measures to avoid any disclosure of any such Confidential 15 Information to any unauthorized person. 16 C. Court Ordered Disclosure. Rhino shall immediately 17 notify City of any court order or subpoena requiring disclosure of 18 Confidential Information, and shall cooperate with City's legal 19 counsel in responding to any such order or subpoena. Rhino may only 20 disclose Confidential Information required to be disclosed pursuant to 21 court order or subpoena after legal counsel has exhausted any lawful 22 and timely appeal or challenge. 23 D. Remedies. In addition to any other remedies that 24 it may have at law or in equity, City shall be entitled to a temporary 25 and permanent injunction by a court of competent jurisdiction against 26 any breach or threatened breach of the Confidential Information 27 provisions of this Agreement. Rhino acknowledges that in case of such 28 breach or threatened breach of said provisions, City would have no - 5 - I adequate remedy at law. 2 9. Warranties. Rhino warrants title to the equipment 3 purchased hereunder and any part thereof to be free of any claim of 4 any security interest; lien or any encumbrance. Rhino also warrants 5 that the equipment will be delivered new and shall be free from 6 defects in material and workmanship. Rhino shall provide a one (1) 7 year labor and material warranty to begin upon City's acceptance of 8 the Circuitry Installation. In addition, all manufacturers' 9 warranties, and any other warranties made applicable by law, shall 10 apply to City's purchase of the materials and labor provided by Rhino. 11 10. Compliance with Laws. Rhino shall strictly observe and 12 comply with all applicable federal, state, and local laws, ordinances 13 and regulations governing this sale, including but not limited to any 14 permit or license requirements of the United States Department of 15 Commerce, as well as any laws of'the United States of America. 16 11. Governing Law. The validity, interpretation and 17 performance of this Contract shall be controlled and construed under 18 the laws of the State of California. 19 12. Forum Selection. Any action brought relating to this 20 Contract shall be brought and held exclusively in a State Court in the 21 County of Los Angeles, California. 22 13. Notices. Notices to the parties, unless otherwise 23 requested in writing, shall be sent to: 24 City: THE CITY OF VERNON ATTN: BRUCE V. MALKENHORST 25 CITY ADMINISTRATOR 4305 SANTA FE AVENUE 26 VERNON, CA 90058-0805 27 Rhino: RHINO CONSTRUCTION SERVICES ATTN: JAMES MEGORDEN 28 2672 KEMPTON DRIVE LOS ALAMITOS, CA 90720 - 6 - 1 14. General Provisions. 2 A. Independent Contractor. At all times during the 3 term of this Contract, Rhino shall be an independent contractor and 4 shall not be an employee of the City. The City shall have the right 5 to control Rhino only insofar as the results of Rhino's services 6 rendered pursuant to this Contract; however, the City shall not have 7 the right to control the means by which Rhino accomplishes services 8 rendered pursuant to the Contract except to the extent that such 9 services involve the use of City property or Confidential Information. 10 B. Rhino Not Agent. Except as the City may specify 11 in writing, Rhino shall have no authority, express or implied, to act 12 on behalf of the City in any capacity whatsoever as an agent. Rhino 13 shall have no authority, expressed or implied, pursuant to this 14 Contract to bind the City to any obligation whatsoever. 15 C. Indemnification. Rhino shall indemnify, defend, 16 protect and hold the City and its officers, agents and employees, free 17 and harmless from and against any and all claims, demands, losses, 18 damages, liabilities, fines, charges, penalties, orders, judgments and 19 all costs and expenses incurred in connection therewith, including 20 reasonable attorney's fees and costs of defense arising out of or 21 attributable to the negligent or wrongful acts of Rhino or its 22 subcontractors, employees or agents in the performance of services 23 under this Contract, except to the extent arising from or caused by 24 the sole negligence or willful misconduct of the City, its officers, 25 agents or employees. 26 D. Insurance. Rhino agrees to provide insurance in 27 the amounts and forms specified in Exhibit "B," which is attached 28 hereto and made a part hereof by reference. Comparable coverage shall - 7 - I be provided for each subcontractor used in the performance of this 2 Contract. Rhino shall submit to the City documentation indicating 3 compliance with these minimum requirements no less than one (1) day 4 prior to the beginning of performance under this Contract. Rhino shall 5 not commence performance of its services under this Contract until the 6 above insurance has been obtained and proof of insurance has been 7 filed with and approved by the City. 8 E. Assignment and Subcontracting Prohibited. No 9 party to this Contract may assign or subcontract any right or 10 obligation pursuant to this Contract except as especially and 11 specifically provided for in the Proposal or with the express written 12 consent of the other party. Any other attempted or purported 13 assignment of any right or obligation pursuant to this Contract shall 14 be void and of no effect. 15 F. Entire Agreement. This Contract constitutes the 16 complete and final expression of the agreement of the parties and is 17 intended as a complete and exclusive statement of the terms of their 18 agreement and supersedes all prior and contemporaneous offers, 19 promises, representations, negotiations, discussions, communications 20 and agreements which may have been made in connection with the subject 21 matter hereof. All exhibits are incorporated by reference. Rhino 22 represents that in entering into this Contract it has not relied on 23 any previous representations or understandings of any kind or nature. 24 G. Partial Invalidit . Wherever ypossible, each 25 provision hereof will be interpreted in such manner as to be effective 26 and valid under applicable law, but in case any one or more of the 27 provisions contained herein will, for any reason, be held to be 28 invalid, illegal or unenforceable in any respect, such provision will 8 _ - I be ineffective to the extent, but only to the extent of such 2 invalidity, illegality or unenforceability without invalidating the 3 remainder of such provision or provisions or any other provision 4 hereof, unless such a construction would be unreasonable or contrary 5 to the parties' intent as expressed in this Contract. 6 H. Risk of Loss. Risk of loss or damage shall pass 7 to the City upon installation and acceptance by the City. 8 I. Benefit of Agreement. This Contract shall bind 9 and benefit the parties hereto and their heirs, successors, and 10 permitted assigns. 11 J. Waiver. Any waiver at any time by either party of 12 its rights with respect to a default under this Contract, or with 13 -respect to any other matters arising in connection with this Contract, 14 shall not be deemed a waiver with respect to subsequent default or 15 other matter. 16 K. Amendment. All changes or modifications to this 17 Contract shall be in writing stating that it is an amendment to this 18 Contract and shall be signed by both parties or their duly authorized 19 agents. This Contract shall not be modified through course of 20 dealing, usage or trade. 21 L. Force Majeure. Neither Party shall be considered 22 to be in default in any of its obligations under this Contract when a 23 failure of performance shall be due to an uncontrollable force. The 24 term "uncontrollable force" shall mean any cause beyond the control of 25 the party affected, including, but not restricted to, flood, 26 earthquake, storm, fire, lightening, epidemic, war, riot, civil 27 disturbance or disobedience, labor dispute, labor material shortage, 28 sabotage, federal, state, or municipal action, statute, ordinance, or - 9 - 1 2 3 4 5 6 7 8 9 10 11, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force, shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. IN WITNESS WHEREOF,' the parties have caused this Contract 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 RHINO CON TRUCTION SE VICES By: Title,4R.cF-�� By: Title: - 10 - EXIUBIT A. Ana on AlIc i n GENERAL BUILDING & ELECTRICAL CONTRACTOR 1 2672 Kempton Drive, Los Alamitos CA 90720 Phone: 562-773-9045 Fax: 562-594-7466 B, C-10, License: 812470 PROPOSAL: RCS-3-27-rev To: City of Vernon 1-323-583-8811 RMI Utility Services 1-323-589-9498 Attention: Mr. Otis Smith FAX: 1-323-826-1425 Attention Mr. Ron Stassi FAX: 1-323-589-9490 Date: July 7, 2003 Rhino Construction Services thanks you for the opportunity to provide a proposal to quote the following scope of work at 2715 E. 50t' Street: Overview: Provide conduit and wiring as required for future neutral grounding and control of the # 4 Auxiliary Bank transformer. Scope: Provide and install one new 2-1/2" rigid conduit approximately 500' (five hundred feet) in length on existing and new conduit racks from the 2400 volt room to the control console in the Control Center. Provide 3 cores, one at the 2400 volt room, one each in the wall and the floor of the 7 KV east switchgear room. Provide and install 2 control cables (9 conductor # 12 AWG, XLP cable) within the 2-1/2" rigid conduit for a total length of approximately 1150' (one thousand feet, one hundred -fifty feet) of cable as required. Coil approximately 20 feet of cable in the control room console and 10 feet in the 2400 volt room. The work as indicated above is bid at straight time and includes all incidental work to accomplish the scope of work as discussed and desired by customer. We propose to furnish required material and labor — complete in accordance with above specifications for the sum of Twenty -Five Thousand, Five Hundred, Seventy -Five Dollars and 001100 ($25,575.00). All material is guaranteed to be as specified as indicated above. All work performed by RHINO CONSTRUCTON SERVICES and SUBCONTRACTORS is to be performed in a workmanlike manner, according to the specifications submitted and per standard practices. Any alteration or deviation from the above specifications involving extra costs may become an extra charge over and above the estimate, which may become and extra charge, which will be executed upon written change orders. This proposal includes no agreements for contingency such as strikes, accidents, or delays beyond our control. Our workers are fully covered by Workmen's Compensation Insurance. If either party commences legal action to enforce its rights pursuant to this agreement the prevailing party in said legal action shall be entitled to recover reasonable attorney's fees and costs of litigation relating to said legal action as determined by a court of competent jurisdiction. Authorized Signature: NU I t: i nis proposal may be withdrawn by us if not accepted within 30 days. ACCEPTANCE OF PROPOSAL: The above -mentioned prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment for said work will be made as outlined above. Signature (of owner or authorized representative): Signature (of James Megorden — Rhino Construction Services) Date of acceptance: ro--nSTAUCTIOn GENERAL BUILDING & ELECTRICAL CONTRACTOR 2672 Kempton Drive, Los Alamitos CA 90720 Phone:562-773-9045 Fax:562-594-7466 B, C-10, License: 812470 PROPOSAL: RCS-3-29 To: City of Vernon 1-323-583-8811 RMI Utility Services 1-323-589-9498 Attention: Mr. Otis Smith FAX: 1-323-826-1425 Attention Mr. Ron Stassi FAX: 1-323-589-9490 Date: July 21, 2003 Rhino Construction Services thanks you for the opportunity to provide a proposal to quote the following scope of work at 2715 E. 50'" Street: Overview: Provide conduit, wiring and potential transformer as required for neutral grounding and monitoring for control of the # 4 Auxiliary Bank transformer. Scope: Provide and install two new NEMA 12 pull boxes: one for installation of the potential transformer on the # 4 auxiliary transformer termination enclosure and one on the wall adjacent for termination of the 2-1/2" rigid conduit from the control room which will be extended down into a pull box for coiling of the 9 conductor Gables with ring terminal / bolt connections at splice points. The new potential transformer will be grounded to existing grounding conductors at the # 4 transformer termination cabinet. The conduit between the new pull boxes will be 1-1/4" GRC conduit approximate length of 30' (thirty feet) in length with supports as required by code with type XLP conductors as required for proper operation. Terminate 9 conductor cable as required within the control console at existing schwitzer relay as directed. The work as indicated above is bid at straight time and includes all incidental work to accomplish the scope of work as discussed and desired by customer. We propose to furnish required material and labor — complete in accordance with above specifications for the sum of Four Thousand, Six Hundred, Fifty Dollars and 00/100 ($4650.00). All material is guaranteed to be as specified as indicated above. All work performed by RHINO CONSTRUCTON SERVICES and SUBCONTRACTORS is to be performed in a workmanlike manner, according to the specifications submitted and per standard practices. Any alteration or deviation from the above specifications involving extra costs may become an extra charge over and above the estimate, which may become and extra charge, which will be executed upon written change orders. This proposal includes no agreements for contingency such as strikes, accidents, or delays beyond our control. Our workers are fully covered by Workmen's Compensation Insurance. If either party commences legal action to enforce its rights pursuant to this agreement the prevailing party in said legal action shall be entitled to recover reasonable attorney's fees and costs of litigation relating to said legal action as determined by a court of competent jurisdiction. Authorized Signature: NOTE: This proposal f be withdrawn by us if not ACCEPTANCE OF PROPOSAL: within 30 The above -mentioned prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment for said work will be made as outlined above. Signature (of owner or authorized representative): Signature (of James Megorden — Rhino Construction Services I EXHIBIT B 2 INSURANCE SCHEDULE 3 Rhino shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): 4 I Coverage and Limits 5 Bodily Injury Property Damage 6 Hazards Each Person Each Accident Each Accident 7 Automobile Liability Owned Automobiles $ 500,000 $1,000,000 $ 500,000 8 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000 9 Workers' Compensation $ Statutory 10 Employers' Liability $1,000,000 per employer 11 II. General 12 General Liability $1,000,000 $2,000,000 $1,000,000 13 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 14 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 15 Contractual Liability $1,000,000 $2,000,000 $1,000,000 16 Umbrella 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 attached to the standard certificate of insurance: 18 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds 19 under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material 20 reduction of coverage. 21 3. An endorsement providing coverage for all operations under this Contract. 4. Such other endorsement as may be required by addendum hereto.. 22 b. In addition to the standard certificate of insurance, proof of general and professional liability coverage 23 shall be furnished in the form checked below. Only certification of the following proofs will be 24 accepted: 25 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 26 the signator is an officer authorized to so certify. 27 A copy of each policy certified by an officer of the underwriter or carrier and notarized. 28 EXHIBIT "B" 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) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 Rhino Construction Services 2672 Kempton Drive Los Alamitos, CA 90720 Attn: James Megorden EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 September 18, 2003 Re: Equipment Purchase and Professional Services Contract Dear Mr. Megorden: Transmitted herewith is an original of the above referenced contract approved by the Vernon City Council on September 3, 2003. If you have any questions regarding this matter, please call Mr. Eric Fresch at (323) 583-8811 ext. 175 . Very Gl Wis Chief GJO/gm CC: Eric Fresch Dolores Fonseca Resolution No, 8276 Agreement No.. 03-078 y yours, sco City Clerk