Resolution No. 84671
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RESOLUTION NO. 8467
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. ONE TO EQUIPMENT PURCHASE AND
PROFESSIONAL SERVICES CONTRACT BY AND BETWEEN THE
CITY OF VERNON AND RHINO CONSTRUCTION SERVICES
REGARDING THE MALBURG GENERATING STATION PROJECT
WHEREAS, the City of Vernon ("City") is constructing a 134
MW Combined Cycle Power Plant, the Malburg Generating Station (the
"Malburg Project"), for the purpose of installing additional
generating capacity that will yield an efficient, cost-effective, and
reliable source of electric generation to the City's inhabitants; and
WHEREAS, on July 16, 2003, the City Council of the City of
Vernon adopted Resolution No. 8252 with the intention of expediting the
purchase of supplies and services for the Malburg Project; and
WHEREAS, to facilitate the integration of the Malburg Project
into the Vernon electrical system, the City needs to have a cable -tray
system designed to house associated cables and circuits being upgraded
or replaced at the Vernon Substation (hereinafter "Cable Tray System");
land
WHEREAS, the Cable Tray System is needed for the upgrade
and/or replacement of electrical equipment, protection systems and
various controls panels to improve the effectiveness of the operation
of the Malburg Project; and
WHEREAS, on March 24, 2004, the City Council of the City of
Vernon adopted Resolution No. 8406 approving and authorizing the
execution of an Equipment Purchase and Professional Services Contract
("the Contract") with Rhino Construction Services ("Rhino") for ongoing
electrical substation maintenance activities during
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Construction of the Malburg Project for fiscal year 2003/2004; and
WHEREAS, on or about April 7, 2004, Rhino provided the City
with Proposal No. RCS-4-84-REV-2 to provide the Cable Tray System; and
WHEREAS, the City desires to expand the existing scope of
services with Rhino to provide for the design, delivery, installation,
testing and support services for the Cable -Tray System and to modify
the compensation and time of performance accordingly; and
WHEREAS, in accordance with Section 14.K of the Contract, the
City of Vernon and Rhino desire to amend the Contract to incorporate
changes to the scope of services and the adjustment of compensation and
completion time required therefor; and
WHEREAS, on June 8, 2004, the Finance Committee
considered the recommendation of Bruce V. Malkenhorst, Director of
Finance, dated June 3, 2004, that Amendment No. One to the existing
Contract with Rhino be approved; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into an amendment with Rhino.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
land correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Amendment No. One to Equipment Purchase and Professional
Services Contract with Rhino Construction Services, a copy of which is
attached hereto and incorporated herein by reference as Exhibit A.
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SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Amendment for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Amendment to:
Rhino Construction Services
Attn. James Megorden
2672 Kempton Drive
Los Alamitos, CA 90720
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 16th day of June, 2004.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
EONIS C. MALEbRG, Malryor
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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.
8467, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, June 16,
2004, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
Z<-155" —
i
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
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AMENDMENT NO. ONE TO EQUIPMENT PURCHASE AND
PROFESSIONAL SERVICES CONTRACT
THIS AMENDMENT NO. ONE TO THE EQUIPMENT PURCHASE AND
PROFESSIONAL SERVICES CONTRACT 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 June,
2004, in the City of Vernon, County of Los Angeles, California,
BY AND BETWEEN THE CITY OF VERNON,
(hereinafter referred to as
%%City")
4305 Santa Fe Avenue
Vernon, California 90058
I m l
RECITALS
RHINO CONSTRUCTION SERVICES
(hereinafter referred to as
"Rhino")
2672 Kempton Drive
Los Alamitos, CA 90720
WHEREAS, the City and Rhino entered into an Equipment
Purchase and Professional Services Contract dated March 24, 2004
(hereinafter referred to as the "Contract"), under which Rhino was to
provide ongoing electrical substation maintenance activities during
construction of the Malburg Generating Station Combined Cycle Power
Plant at 2715 E. 50th Street in the City (hereinafter referred to as t
"Malburg Project") throughout the fiscal year 2003/2004; and
WHEREAS, the City and Rhino desire to amend the Contract to
modify the scope of services provided by Rhino to include the design of
a cable -tray system to house associated cables and circuits being
upgraded or replaced at the Vernon Substation in order to integrate the
Malburg Project into the Vernon electrical system (70-VS/MGS Protection
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Control Panels) (hereinafter "Cable Tray System"), modify the
compensation to reflect the additional cost for the Cable Tray System
to a sum not to exceed Fifty -Two Thousand Eight Hundred Seventy -Five
Dollars and No Cents ($52,875.00, and modify the time of performance to
reflect the additional tasks); and
WHEREAS, the Cable Tray System is needed for the upgrade
and/or replacement of electrical equipment, protection systems and
various control panels to improve the effectiveness of the operation of
the Malburg Project; and
WHEREAS, Section 14.K of the Contract allows for amendments
and modifications to the Contract.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
SECTION l: The following language shall be added to Section
1, Scope of Services:
Under this Amendment No. One, Rhino agrees to design,
deliver, install, test and provide support services for a cable -tray
system to house associated cables and circuits being upgraded or
replaced at the Vernon Substation (70-VS/MGS Protection Control Panels)
as set forth and described in detail in the Proposal dated April 7,
2004 (the "Proposal"), which is attached hereto and incorporated herein
by reference as Exhibit A. The tasks to be performed include:
1. Provide and install new Type 12B aluminum cable tray
system from the east end of the basement to the existing and future
equipment locations between column lines 9 thru 13 as indicated on
drawings.
2. Provide coordination of the installation to maximize
future cable installations.
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3. Provide and install unistrut support racks with
appropriate seismic restraint for Zone 4 to support the new cable tray
system.
4. Provide dividers within the cable tray system to provide
separation as needed for future cable installations.
5. Provide CAD drawings indicating as -built installation.
SECTION 2: The following language shall be added to Section
2, Time of Performance:
Rhino's time of performance under Amendment No. One shall
commence upon the full execution of this Amendment No. One and shall
continue until October 1, 2004, unless the Contract is otherwise
terminated or extended.
SECTION 3: The following language shall be added to Section
3, Compensation•
Under this Amendment No. One, City will pay Rhino for the
Cable Tray System a sum not to exceed Fifty -Two Thousand Eight Hundred
Seventy -Five Dollars and No Cents ($52,875.00), in accordance with the
Proposal.
SECTION 4: In all other respects, the terms and conditions
of the Contract shall be renewed in its entirety.
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IN WITNESS WHEREOF, City and Rhino have executed this
Amendment as of the date first hereinabove set forth.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
JAPPROVED AS TO FORM:
IERIC T. FRESCH, City Attorney
By:
CITY OF VERNON
LEONIS C. MALBURG, Mayor
RHINO CONSTRUCTION SERVICES
Title.
By:
Title.
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EXHIBIT
VI&
utno �nns�r�u icr n
GENERAL BUILDING & ELECTRICAL CONTRACTOR
�. 2672 Kempton Drive, Los. Alamitos CA 90720 Date: April 7, 2004
Phone:562-773-9045 Fax 562-594-7466
B, C-10, License: 812470
To: City of Vernon Attention Mr. Otis Smith
1-323-583-8811 FAX 1-323-585-1425
PROPOSAL: RCS-448441EV 2: Vernon Station control & relay cable tray system
Overview: Provide all labor, material and equipment to instal new aluminum cable tray system Type 12B
based on provided drawings and specifications; to allow future conductors to enter the basement from the
existing conduit stubs connected to the existing cable trend which wig provide a pathway to the SEL control &
relay cabinets and to the new and existing control room equipment locations.
Scope:
1. Provide and install new Type 12B aluminum cable tray system from the east end of the basement to the
existing and future equipment locations between column lines 9 thru 13 as indicated on drawings.
2. Provide coordination of the installation to maximize future cable Installations.
3. Provide and install unistrut support -racks with appropriate seismic restraint for Zone 4 to support the new
cable tray'system.
4. Provide dividers within the cable tray system to provide separation as needed for future cable installations.
5. Provide CAD drawings indicating as -built Installation.
We propose to fumish required installation complete In accordance with the above scope items 1 through 5 as
Indicated for Fifty Two Thousand Eight Hundred Seventy Five and 00/100 dollars ($52,875.00).
`L Rhino Construction Services thanks you for the opportunity to provide a proposal to quote this scope of work
for the City of Vernon.
Ali materials guaranteed to be -as specified as indicated above. Al work performed by RHINO
CONSTRUCTION SERVICES and SUBCONTRACTORS 'is to be performed in a workmanlike manner, per
1999 NEC and NEMA VE-1 standard; according to the specifications submitted and per standard practices.
Any aleration or deviation from the above specifications involving extra costs may become an extra charge
over and above the estimate, which will only be executed upon written change order. 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
attomey's fees and costs of litigation relating to said legal action as determined by a court of competent
jurisdiction.
Authorized Signature:
NOTE This proposal may be withdrawn by us if not accepted within 30 days.
ACCEPTANCE OF PROPOSAL RCS-4-84-REV-2: Vernon Station control & relay cable tray
The above -mentioned prices, specifications and conditions ate 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:
SUPPORTING
DOCUMENTS
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AMENDMENT NO. ONE TO EQUIPMENT PURCHASE AND
PROFESSIONAL SERVICES CONTRACT
THIS AMENDMENT NO. ONE TO THE EQUIPMENT PURCHASE AND
PROFESSIONAL SERVICES CONTRACT 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 2.e day of June,
2004, in the City of Vernon, County of Los Angeles, California,
BY AND BETWEEN THE CITY OF VERNON,
(hereinafter referred to as
"City")
4305 Santa Fe Avenue
Vernon, California 90058
AND RHINO CONSTRUCTION SERVICES
(hereinafter referred to as
"Rhino")
2672 Kempton Drive
Los Alamitos, CA 90720
RECITALS
WHEREAS, the City and Rhino entered into an Equipment
Purchase and Professional Services Contract dated March 24, 2004
(hereinafter referred to as the "Contract"), under which Rhino was to
provide ongoing electrical substation maintenance activities during
construction of the Malburg Generating Station Combined Cycle Power
Plant at 2715 E. 50th Street in the City (hereinafter referred to as the
"Malburg Project") throughout the fiscal year 2003/2004; and
WHEREAS, the City and Rhino desire to amend the Contract to
modify the scope of services provided by Rhino to include the design of
a cable -tray system to house associated cables and circuits being
upgraded or replaced at the Vernon Substation in order to integrate the
Malburg Project into the Vernon electrical system (70-VS/MGS Protection,
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Control Panels) (hereinafter "Cable Tray System"), modify the
compensation to reflect the additional cost for the Cable Tray System
to a sum not to exceed Fifty -Two Thousand Eight Hundred Seventy -Five
Dollars and No Cents ($52,875.00, and modify the time of performance to.
reflect the additional tasks); and
WHEREAS, the Cable Tray System is needed for the upgrade
and/or replacement of electrical equipment, protection systems and
various control panels to improve the effectiveness of the operation of
the Malburg Project; and
WHEREAS, Section 14.K of the Contract allows for amendments
and modifications to the Contract.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
SECTION 1: The following language shall be added to Section
1, Scope of Services:
Under this Amendment No. One, Rhino agrees to design,
deliver, install, test and provide support services for a cable -tray
system to house associated cables and circuits being upgraded or
replaced at the Vernon Substation (70-VS/MGS Protection Control Panels)',
as set forth and described in detail in the Proposal dated April 7,
2004 (the "Proposal"), which is attached hereto and incorporated herein,
by reference as Exhibit A. The tasks to be performed include:
1. Provide and install new Type 12B aluminum cable tray
system from the east end of the basement to the existing and future
equipment locations between column lines 9 thru 13 as indicated on
drawings.
2. Provide coordination of the installation to maximize
future cable installations.
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IN WITNESS WHEREOF, City and Rhino have executed this
Amendment as of the date first hereinabove set forth.
ATTES %
v
BRUCE V. MALKENHORST, City Clerk
APPROZ
AS
TO
RM:
ERIC T.
FRE
CH,
City Attorney
CITY OF VERNON
By:
EONIS C. MAL RG, Mayor
RHINO CONSTRUCTION SERVICES
By:
Title:
Title: "fjc
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mino ronSTRUffillff
GENERAL BUILDING & ELECTRICAL CONTRACTOR
�. 2672 Kempton Drive, Los. Alamitos CA 90720 Date: April 7, 2004
Phone:562-773-9045 Fax 562-594-7466
B, C-10, License: 812470
To: City of Vernon Attention Mr. Otis Smith
1-323-583-8811 - FAX 1-323-585-1425
PROPOSAL: RCS-4-84-REV-2: Vernon Station control & relay cable tray system
Overview: Provide all labor, material and equipment to Install new aluminum cable tray system Type 12B
based on provided drawings and specifications to allow future conductors to enter the basement from the
existing conduit stubs connected to the existing cable trench which will provide a pathway to the SEL control 8
relay cabinets and to the new and existing control room equipment locations.
Scope:
1. Provide and install new Type 12B aluminum cable tray system from the east end of the basement to the
existing and future equipment locations between column lines 9 thru 13 as indicated on drawings.
2. Provide coordination of the installation to maximize future cable Installations.
3. Provide and install unistrut support racks with appropriate seismic restraint for Zone 4 to support the new
cable tray system.
4. Provide dividers within the cable tray system to provide separation as needed for future cable installations.
5. Provide CAD drawings indicating as -built installation.
We propose to furnish required installation complete in accordance with the above scope items 1 through 5 as
indicated for Fifty Two Thousand Eight Hundred Seventy Five and 00/100 dollars (a52,875.00).
Rhino Construction Services thanks you for the opportunity to provide a proposal to quote this scope of work
for the City of Vernon.
AN materials guaranteed to be -as speed as indicated above. All work performed by RHINO
CONSTRUCTION SERVICES and SUBCONTRACTORS is to be performed in a workmanlike manner, per
1999 NEC and NEMA VE-1 standard; 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 will only be executed upon written change order. 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 may be withdrawn by us If not accepted within 30 days.
ACCEPTANCE OF PROPOSAL: RCS-4-84-REV-2: Vernon Station control & relay cable tray
The above -mentioned prices, specifications and conditions ate 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 Megorclen — Rhino Construction Services)
Date of acceptance: