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Resolution No. 8468PA 3 4 5 6 7 E:l 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8468 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN EQUIPMENT PURCHASE AND PROFESSIONAL SERVICES CONTRACT BY AND BETWEEN THE CITY OF VERNON AND CARPET KING CARPET ONE 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, the City has determined that it needs the services of a qualified vendor to furnish the necessary labor and materials to replicate the original floor in the Malburg Project Control Center in compliance with California Energy Commission requirements and Secretary of Interior Standards for the Treatment of Historic Properties (hereinafter referred to as the "Malburg Flooring Project"); and WHEREAS, Carpet King Carpet One ("Carpet King") submitted a proposal on April 12, 2004, to provide services relating to the Malburg Flooring Project; and WHEREAS, the City has determined that Carpet King possesses the technical knowledge and expertise to provide, deliver and install the necessary material and equipment for the Malburg Flooring Project to facilitate the Malburg Project; and WHEREAS, on June 8, 2004, the Finance Committee 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 considered the recommendation of Bruce V. Malkenhorst, Director of Finance, dated June 3, 2004, that the services of Carpet King Carpet One be retained and an agreement prepared to facilitate the operation of the Malburg Project; 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 agreement with Carpet King. 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 and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Equipment Purchase and Professional Services Contract with Carpet King Carpet One, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Contract 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 Contract to: Carpet King Carpet One Attn. Saul Gershon 1203 S. Central Avenue Glendale, CA 91204 - 2 - 5 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 16th day of June, 2004. ATTEST: BRUCE V. MALKENHORST, City Clerk LEONIS C. MAL URG, Ayor - 3 - 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 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. 8468, 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) BRUCE V. MALKENHORST, City Clerk - 4 - 1 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 June, 6 2004, 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 CARPET KING CARPET ONE 11 (hereinafter referred to as "Carpet King") 12 1203 S. Central Avenue Glendale, CA 91204 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 comply with the California Energy Commission's ("CEC") 23 decision to utilize the existing Control Room as the Malburg Project 24 Control Center, and (ii) the Secretary of Interior's Standards for the 25 Treatment of Historic Properties, the services of a contractor is 26 needed to remove, furnish and install new floor tiles in the Vernon 27 Power Plant Control Room, two corridors (east and west) and offices 28 off of these corridors (hereinafter collectively referred to as the I "MGS Flooring"); and 2 WHEREAS, in order to facilitate the MGS Flooring, the 3 Malburg Project team requested proposals from qualified vendors to 4 furnish the necessary labor and materials to replicate the original 5 floor in compliance with CEC requirements for historic properties; and 6 WHEREAS, Carpet King prepared a Proposal dated April 12, 7 2004, to provide the MGS Flooring (hereinafter referred to as the 8 "Proposal"), a copy of which is attached hereto as Exhibit A and 9 incorporated herein by reference; and 10 WHEREAS, Carpet King represents that it is qualified and 11 capable of furnishing the MGS Flooring and performing the installation 12 services that the City requires as set forth in the Proposal and is 13 willing to do so on the terms and conditions set forth below; and 14 WHEREAS, the City has determined that Carpet King has 15 demonstrated that it has the requisite competency and professional 16 qualifications and desires to enter into an agreement with Carpet King 17 to provide for the labor and materials necessary for the MGS Flooring. 18 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 19 FORTH HEREIN: 20 1. Scope of Services. 21 Carpet King agrees to sell, deliver and install the 22 necessary material and equipment for the MGS Flooring as set forth and 23 described in detail in the attached Exhibit A. In the event of a 24 conflict between the Proposal and this Contract, the terms of this 25 Contract shall prevail. 26 2. Time of Performance. 27 Carpet King's performance as identified herein shall 28 commence upon the full execution of this Contract and shall be - 2 - I completed by Carpet King pursuant to the terms of the Proposal, unless 2 otherwise terminated or extended. Delivery of the equipment is 3 expected no later than four (4) weeks from the issuance of the City's 4 Purchase Order. If delivery of the MGS Flooring is not completed 5 within this time period, the City shall have the option of canceling 6 this Contract in order to proceed with the purchase and installation 7 of the equipment and services from another vendor. The delivery date 8 may also be extended at the City's sole discretion for an additional 9 thirty (30) days, or such other time as the parties may agree. 10 3. Price. 11 The total amount to be paid to Carpet King for the MGS 12 Flooring, as described in the Proposal, shall not exceed the sum of 13 Twenty -Five Thousand Five Hundred Thirty -Two and No Cents 14 ($25,532.00), plus applicable taxes. 15 4. Payment Terms. 16 City agrees to pay Carpet King fifty percent (50%) three (3) 17 weeks prior to work to guarantee material delivery and the balance due 18 under the Contract for the MGS Flooring within thirty (30) days after 19 City's acceptance of the MGS Flooring and the City's receipt of an 20 invoice from Carpet King. 21 5. Change and Extra Services. 22 City reserves the right to request changes in the equipment 23 design, delivery dates, or additions to or deletions from the MGS 24 Flooring purchased from Carpet King. All such changes shall be 25 incorporated in written change orders executed by City and Carpet King 26 and shall specify the changes ordered and the adjustment of prices, 27 delivery schedules and warranties. Any equipment or services added 28 under this section shall be executed under all applicable conditions - 3 - 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 2811 of this Contract. No claim for additional compensation or extension of time shall be recognized unless contained in a duly executed change order. 6. Cancellation/Default. In the event that Carpet King commits a breach of a material condition of this Contract, City shall notify Carpet King in writing of said breach and if Carpet King has not cured or begun reasonable efforts to cure after fifteen (15) days of receipt of said notice, and fails to diligently pursue corrective action, City shall have the right to cancel this Contract for cause based on Carpet King's default. Carpet King shall be responsible for any direct costs due to City's re -procurement of the equivalent of the equipment or services cancelled from Carpet King. 7. Confidential Information. A. Access to Confidential Information. Any and all information City provides to Carpet King and/or its subcontractor, which may include, but is not limited to, company information, taxes, sales, value of assets, or other such information shall be deemed as "Confidential Information" and may not be used to circumvent the responsibility of either party to this Contract. B. No Disclosure. Except as expressly permitted, Carpet King and/or its subcontractor shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other means, any part of such Confidential Information to any other person or entity, whether corporate, governmental, or individual, without the express prior written consent of an authorized representative of City. Carpet King and/or its subcontractor shall return any and all written Confidential Information and all copies - 4 - I made of the same to City upon City's written request, but in any event 2 not later than the date that Carpet King has performed all services to 3 be performed pursuant to this Contract. Carpet King shall include a 4 contract provision in its contract with subcontractors that binds the 5 subcontractors to this non -disclosure requirement. Carpet King shall 6 prevent the disclosure of any such Confidential Information to any 7 unauthorized person. 8 C. Court Ordered Disclosure. Carpet King shall 9 immediately notify City of any court order or subpoena requiring 10 disclosure of Confidential Information, and shall cooperate with 11 City's legal counsel -in responding to any such order or subpoena. 12 Carpet King may only disclose Confidential Information pursuant to a 13 valid court order or subpoena after legal counsel has exhausted any 14 lawful and timely appeal or challenge. 15 D. Remedies. In addition to any other remedies that 16 it may have at law or in equity, City shall be entitled to a temporary 17 and permanent injunction by a court of competent jurisdiction against 18 any breach or threatened breach of the Confidential Information 19 provisions of this Agreement. Carpet King acknowledges that in case 20 of such breach or threatened breach of said provisions, City would 21 have no adequate remedy at law. 22 8. Warranties. 23 Carpet King warrants title to the flooring purchased 24 hereunder and any part thereof to be free of any claim of any security 25 interest, lien or any encumbrance. Carpet King also warrants that the 26 flooring will be delivered new and shall be free from defects in 27 material and workmanship. Carpet King shall provide a one (1) year_ 28 labor and material warranty and a limited five (5) year commercial - 5 - 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 warranty for manufacturing defects and wear to begin upon City's acceptance of the MGS Flooring. In addition, all manufacturers' warranties, and any other warranties made applicable by law, shall apply to City's purchase of the materials and labor provided by Carpet King. 9. Compliance with Laws. Carpet King shall strictly observe and comply with all applicable federal, state, and local laws, ordinances and regulations governing this sale, including but not limited to any permit or license requirements of the United States Department of Commerce, as well as any laws of the United States of America. 10. Governing Law. The validity, interpretation and performance of this Contract shall be controlled and construed under the laws of the State of California. 11. Forum Selection. Any action brought relating to this Contract shall be brought and held exclusively in a State Court in the County of Los Angeles, California. 12. Notices. Notices to the parties, unless otherwise requested in writing, shall be sent to: City: THE CITY OF VERNON ATTN: BRUCE V. MALKENHORST CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CA 90058-0805 Carpet King: CARPET KING CARPET ONE ATTN: SAUL GERSHON 1203 S. CENTRAL AVENUE GLENDALE, CA 91204 - 6 - 1 13. General Provisions. 2 A. Independent Contractor. At all times during the 3 term of this Contract, Carpet King shall be an independent contractor 4 and shall not be an employee of the City. The City shall have the 5 right to control the means by which Carpet King accomplishes services 6 to the extent that such services involve the use of City property or 7 Confidential Information. 8 B. Carpet King Not Agent. Except as the City may 9 specify in writing, Carpet King has no authority, express or implied, 10 to act on behalf of the City in any capacity whatsoever as an agent. 11 Carpet King shall have no authority, expressed or implied, pursuant to 12 this Contract to bind the City to any obligation whatsoever. 13 C. Indemnification. Carpet King shall indemnify, 14 defend, protect and hold harmless the City and its officers, agents 15 and employees, from any and all claims, demands, losses, damages, 16 liabilities, fines, charges, penalties, orders, or judgments which 17 result in any injury or death, and all costs and expenses incurred in 18 connection therewith, including reasonable attorney's fees and costs 19 of defense arising out of or attributable to the negligent or wrongful 20 acts of Consultant or its subcontractors, employees or agents in the 21 performance of services under this Agreement. Carpet King agrees to 22 give City prompt notice of any such claim, demand, or action and shall 23 cooperate fully with City in defense and settlement of said claim, "" demand, or action. D. Insurance. Carpet King agrees to provide insurance in the amounts and forms specified in Exhibit B, which is attached hereto and incorporated by reference. Comparable coverage shall be provided for each subcontractor used in the performance of - 7 - I this Contract. Carpet King shall submit to the City documentation 2 indicating compliance with these minimum requirements no less than one 3 (1) day prior to the beginning of performance under this Contract. 4 Carpet King shall not commence performance of its services under this 5 Contract until the above insurance has been obtained and proof of 6 insurance has been filed with and approved by the City. 7 E. Assignment and Subcontracting Prohibited. No 8 party to this Contract may assign or subcontract any right or 9 obligation pursuant to this Contract except as especially and 10 specifically provided for in the Proposal or with the express written 11 consent of the other'party. Any other attempted or purported 12 assignment of any right or obligation pursuant to this Contract shall 13 be void and of no effect. 14 F. Entire Agreement. This Contract constitutes the 15 complete and final expression of the agreement of the parties and is 16 intended as a complete and exclusive statement -of the terms of their 17 agreement and supersedes all prior and contemporaneous offers, 18 promises, representations, negotiations, discussions, communications 19 and agreements which may have been made in connection with the subject 20 matter hereof. All exhibits are incorporated by reference. Carpet 21 King represents that in entering into this Contract it has not relied 22 on any previous representations or understandings of any kind or 23 nature. 24 G. Partial Invalidity. Wherever possible, 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. Benefit of Agreement. This Contract shall bind 7 and benefit the parties hereto and their heirs, successors, and 8 permitted assigns. 9 I. Waiver. Any waiver at any time by either party of 10 its rights with respect to a default under this Contract, or with 11 respect to any other matters arising in connection with this Contract, 12 shall not be deemed a waiver with respect to subsequent default or 13 other matter. 14 J. Amendment. All changes or modifications to this 15 Contract shall be in writing stating that it is an amendment to this 16 Contract and shall be signed by both parties or their duly authorized 17 agents. This Contract shall not be modified through course of 18 dealing, usage or trade. 19 K. Force Majeure. Neither Party shall be considered 20 to be in default in any of its obligations under this Contract when a 21 failure of performance shall be due to an uncontrollable force. The 22 term "uncontrollable force" shall mean any cause beyond the control of 23 the party affected, including, but not restricted to, flood, 24 earthquake, storm, fire, lightening, epidemic, war, riot, civil 25 disturbance or disobedience, labor dispute, labor material shortage, 26 sabotage, federal, state, or municipal action, statute, ordinance, or 27 regulation, embargoes of the United States Government or any other 28 government, which by exercise of due diligence such party could not - 9 - 1 2 3 4 5 6 7 8 9 10 11 121 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: ERIC T. FRESCH, City Attorney CITY OF VERNON LEONIS C. MALBURG, Mayor By: Title: Title: CARPET KING CARPET ONE - 10 EXHIBIT 0 CARPET KING CARPET ONE America's Largest Flooring Retailer Proposal Date: April 12, 2004 Proposal Submitted to: Phone Job Name Rachel V. Malkenhorst SAME Name Street Vernon Historic Preservation Society street 2715 E. 5e Street City smote code State Zip Code tVerrion CA 90058 Architect Date of Plans Thank you for the opportunity to research this project and to submit our proposal for the work as discussed below. For budget purposes and showcasing the control room floor — replicating the original patterned floor design — we are breaking down the scope of the work into two areas: A. The Control Room B. 2 Corridors, East & West, and Offices off of these corridors. All work will include the removal of existing floor the and top -set base, scraping floors as necessary, and normal prep work. We will follow manufacturers guidelines to prepare the existing subfloor to receive new floor tile. A — CONTROL ROOM ..• _.$17,233 o Demo e)asting floor file as necessary and remove from premises. o Prep floors to receive new tile per manufacturer guidelines. o Fumish and install new vinyl file — Colorex by Forbo Industries — 24' x 24' at .080 gauge in color as selected in square pattern with 3' border around each file in color as selected. o Fumish & install 6' rubber topset base, black, around perimeter walls after removal of old base. B — EAST & WEST CORRIDORS & ADJOINING OFFICES ............;8,299 o Demo existing file as necessary. o Prep floors to receive new file per manufacturer guidelines. o Fumish & install new 12' x 12' VCT file by Mannington, color TBD. o Fumish & install 6' rubber topset cove base in corridors o Fumish & install 4' rubber topset cove base in offices. PROJECT NOTES: o We will fumish & install all necessary transition pieces to finish the flooring work in accordance with industry standards. o We will need 3 weeks lead time to order materials and schedule labor. o Ail 'demo' and prep work to be done in evenings. o The installation of new materials, floor file and top set base will be done during normal daytime business hours. 0 50% deposit due 3 weeks prior to work to guarantee material delivery. Balance due upon completion of work We Propose to furnish labor and material complete In accordance with above specifications, and subject to conditions as follows: Unless otherwise specified all labor will be performed by nonunion subcontractors. Atiemlion or deviation from above spedfcations Involving extra costs will be executed only upon written orders and will became an extra charge over and above the estimate. AN agreements contingent upon strike;;, accidents or delays beywA our controls. Owner to carry fire, tornado, and other necessary Insurance. AN work to be completed in a workmanlike manner according to standard practices. For The Sum of: TWENTY FIVE THOUSAND FIVE HUNDRED THIRTY TWO DOLLARS AND 00/100 CENTS Dollars(S 25,532.00 ) Acceptance: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to Respectfully Submitted do the work as specified. Saul Gershon X By Note: This proposal may be withdrawn by us If not accepted within 10 day(s) 1203 S. Central Ave • Glendale, CA 91L204 • (818) 243-4251- (323) 245-6o82 • (818) 242-4670 :fax U x �vE CO Imo C U(V� x0 �NO U .c ai C N m rN to 0 ca Ia- Q J U Z U w Q Z Q w U Z 0 LL w W a H U Q a F•- A c m Q H cl N c O Z co v LL N U m mx 0 r � tV � 0 L O 0 0 w v 0 x IQ N U W .p O 7E U J � v� J r- 00) = LL w COF- Ci N Q w O 0 0 O 0 0 U_ O c c m N LL O O V C m _O Q L U N :� fA m CO N W O Q M hUU- O Qo a O N N am o CO a� U cc (n (n + LQU cV W m U 3 N ca .o fD O 0 C 0 R V C E Q 0 d c cv N C N m v LL N V x m 0 m U c w N It m co N c 0 c= CO N d 0 m � gF C �y C m � Q c� O_ U m N m QF N CO ti. Q Q CO w co O w O LO co 0 O a LL Z c w N m m CR U 0 r-. c c N N m U .0 d W q N 'r 0 0 N rY h O M l� N N Go A(D l _ O O N N VY ,a U v H O EDDIE EGAN Fax:3102756412 Apr 2 '04 15:53 P.02 D.f. No. 311" Module Size —14' x 140 Material per Module: A. t Tile 12" x 12", Not Beveled B. 2 Strips 2" x 12", Not Beveled C. 1 2" x 2" Button, Not Beveled `D.F. 49, Same as abov* design, bsvowd. scow: 1" 2' 63 . RightFax 4/16/2004 4:01 PAGE 4/6 RightFax P,,11 MMINGTOM VCT Product Data Sheet Essentials, Designer Essentials, Inspirations, and Brushwork Product Construction Mannington Commercial Vinyl Composition (VCT) is composed of binder (organicl tillers (inorganic) and pigments. The organic binder portion contains vinyl resins, piastid2ers additives, and 10%, or greater, recycled vinyl content. The Inorganic portion is naturally occuring limestone and represents the vast majority of the product. Recycled content per total product weight is 1 %z% or more. Color and Pattern are distributed throughout the thickness of the tile. Gauge Nominal Thickness Inches (mm) Packagenount Weight (Average) Lbs. per carton Lbs. par Ma kilograms per carton size Nominal Size Inches (mm) Recommended Load Limit Stabs Load Limit psi Reference Specifications ASTM Specdic atbrr F-1066 Federal Specification SS-T.312B Canadian Specification CCMC CSA-1126.1 Fire Test Data ASTM E-648 Critical Radiant Flux, 2 0.45 watts/cm= ASTM E-662 Smoke, </-- 450 MIL - STD.1623D Char length-v--10" ASTM E-84 Flame Spread, 25 ft or less New York State DOS File Number oHee,ai 0.125 in (3.18mm) 45lcin 64 1.41 29 12 In x 12 In (30.5cm x 30.5cm) 75 psi (5.26 kgtcm2) Nm Asbestos, Through Pattern Tile (Vinyl Composition) Type. IV, Composition I VCT Type A Passes as Class 1 Passes Passes Passes 12050-930618-1076 RightFax 4/16/2004 4:01 . PAGE 5/6 RightFax Durability Superior— Umited 5-Year Commercial Warranty. Installation Adhesive Type, Clear Thin Set V-11 Spread 200 ft= 9d Traffic Pertarnanc e Moderate, Heavy, Extra Heavy Commerdai Meets the requirements of Americans with Disabffts Act for SYa&c ooefirclent of fa as es marwfadumd. Limitations Mannington Commercial VCT Is not recommended for use in hospital operating suites, commercial kitchens, exterior areas, or in areas that require static dissipation. VCT is not recommended in commercial areas where the consistent temperature either exceeds 100- F (38-c) or is below WF (13'c). Wood sub floors directly on concrete or sleeper;, either on or below grade, are unsatisfactory for VCT installation. 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RightFax 4/16/2004 4:01 PAGE 6/6 RightFax ZLI < Z Z M<O All R a si v 4 �y >°a o� Q� m ri.y .01 in InM N enh In h in O ti 8 O o0 EXHIBIT I 2 3 4 5 6 7 8 r] 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 271 281 EXHIBIT B INSURANCE SCHEDULE Carpet King shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I. Coverage and Limits Hazards Automobile Liability BodilyI jua Property Damage Each Person Each Accident Each Accident Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory Employers' Liability $1,000,000 per employer H. Liabilitv General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (if 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 Contractual Liabilitv $1,000,000 $2,000,000 $1,000,000 Umbrella Liability $2,000,000 $2,000,000 $2,000,000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: L An endorsement naming the City of Vernon, its officers, and employees as additional 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 this Agreement. 4. Such other endorsement as may be required by addendum hereto. EXHIBIT "B" SUPPORTING DOCUMENTS f t a 1 2 3 4 5 6 7 E:1 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EQUIPMENT PURCHASE AND PROFESSIONAL SERVICES CONTRACT THIS 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 1U01 day of June, 2004, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN AND RECITALS THE CITY OF VERNON (hereinafter referred to as "City") 4305 Santa Fe Avenue Vernon, CA 90058 CARPET KING CARPET ONE (hereinafter referred to as "Carpet King") 1203 S. Central Avenue Glendale, CA 91204 WHEREAS, City is constructing the Malburg Generating Station Combined Cycle Power Plant at 2715 E. 50th Street in the City of Vernon (the "Malburg Project") for purposes of installing additional generating capacity that is capable of yielding cost effective, efficient and reliable electricity to meet its goals, while meeting Federal, State and local environmental and siting requirements; and WHEREAS, the Malburg Project team has determined that, in order to comply with the California Energy Commission's ("CEC") decision to utilize the existing Control Room as the Malburg Project Control Center, and (ii) the Secretary of Interior's Standards for the Treatment of Historic Properties, the services of a contractor is needed to remove, furnish and install new floor tiles in the Vernon Power Plant Control Room, two corridors (east and west) and offices 2811 off of these corridors (hereinafter collectively referred to as the I "MGS Flooring"); and 2 WHEREAS, in order to facilitate the MGS Flooring, the 3 Malburg Project team requested proposals from qualified vendors to 4 furnish the necessary labor and materials to replicate the original 5 floor in compliance with CEC requirements for historic properties; and 6 WHEREAS, Carpet King prepared a Proposal dated April 12, 7 2004, to provide the MGS Flooring (hereinafter referred to as the 8 "Proposal"), a copy of which is attached hereto as Exhibit A and 9 incorporated herein by reference; and 10 WHEREAS, Carpet King represents that it is qualified and 11 capable of furnishing the MGS Flooring and performing the installation 12 services that the City requires as set forth in the Proposal and is 13 willing to do so on the terms and conditions set forth below; and 14 WHEREAS, the City has determined that Carpet King has 15 demonstrated that it has the requisite competency and professional 16 qualifications and desires to enter into an agreement with Carpet King 17 to provide for the labor and materials necessary for the MGS Flooring. 18 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 19 FORTH HEREIN: 20 1. Scope of Services. 21 Carpet King agrees to sell, deliver and install the 22 necessary material and equipment for the MGS Flooring as set forth and 23 described in detail in the attached Exhibit A. In the event of a 24 conflict between the Proposal and this Contract, the terms of this 25 Contract shall prevail. 26 2. Time of Performance. 27 Carpet King's performance as identified herein shall 28 commence upon the full execution of this Contract and shall be - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 131 141 15 16 17 18 19 20 21 22 23 24 25 26 27 completed by Carpet King pursuant to the terms of the Proposal,_ unless otherwise terminated or extended. Delivery of the equipment is expected no later than four (4) weeks from the issuance of the City's Purchase Order. If delivery of the MGS Flooring is not completed within this time period, the City shall have the option of canceling this Contract in order to proceed with the purchase and installation of the equipment and services from another vendor. The delivery date may also be extended at the City's sole discretion for an additional thirty (30) days, or such other time as the parties may agree. 3. Price. The total amount to be paid to Carpet King for the MGS Flooring, as described in the Proposal, shall not exceed the sum of Twenty -Five Thousand Five Hundred Thirty -Two and No Cents ($25,532.00), plus applicable taxes. 4. Payment Terms. City agrees to pay Carpet King fifty percent (50%) three (3) weeks prior to work to guarantee material delivery and the balance due under the Contract for the MGS Flooring within thirty (30) days after City's acceptance of the MGS Flooring and the City's receipt of an invoice from Carpet King. 5. Change and Extra Services. City reserves the right to request changes in the equipment design, delivery dates, or additions to or deletions from the MGS Flooring purchased from Carpet King. All such changes shall be incorporated in written change orders executed by City and Carpet King and shall specify the changes ordered and the adjustment of prices, delivery schedules and warranties. Any equipment or services added under this section shall be executed under all applicable conditions - 3 - ' I t a 1 of this Contract. No claim for additional compensation or extension 2 of time shall be recognized unless contained in a duly executed change 3 order. 4 6. Cancellation/Default. 5 In the event that Carpet King commits a breach of a material 6 condition of this Contract, City shall notify Carpet King in writing 7 of said breach and if Carpet King has not cured or begun reasonable 8 efforts to cure after fifteen (15) days of receipt of said notice, and 9 fails to diligently pursue corrective action, City shall have the 10 right to cancel this Contract for cause based on Carpet King's 11 default. Carpet King shall be responsible for any direct costs due to 12 City's re -procurement of the equivalent of the equipment or services 13 cancelled from Carpet King. 14 7. Confidential Information. 15 A. Access to Confidential Information. Any and all 16 information City provides to Carpet King and/or its subcontractor, 17 which may include, but is not limited to, company information, taxes, 18 sales, value of assets, or other such information shall be deemed as 19 "Confidential Information" and may not be used to circumvent the 20 responsibility of either party to this Contract. 21 B. No Disclosure. Except as expressly permitted, 22 Carpet King and/or its subcontractor shall not disclose, permit the 23 disclosure of, release, disseminate, or transfer, whether orally or by 24 any other means, any part of such Confidential Information to any 25 other person or entity, whether corporate, governmental, or 26 individual, without the express prior written consent of an authorized 27 representative of City. Carpet King and/or its subcontractor shall 28 return any and all written Confidential Information and all copies - 4 - I made of the same to City upon City's written request, but in any event 2 not later than the date that Carpet King has performed all services to 3 be performed pursuant to this Contract. Carpet King shall include a 4 contract provision in its contract with subcontractors that binds the 5 subcontractors to this non -disclosure requirement. Carpet King shall 6 prevent the disclosure of any such Confidential Information to any 7 unauthorized person. 8 C. Court Ordered Disclosure. Carpet King shall 9 immediately notify City of any court order or subpoena requiring 10 disclosure of Confidential Information, and shall cooperate with 11 City's legal counsel in responding to any such order or subpoena. 12 Carpet King may only disclose Confidential Information pursuant to a 13 valid court order or subpoena after legal counsel has exhausted any 14 lawful and timely appeal or challenge. 15 D. Remedies. In addition to any other remedies that 16 it may have at law or in equity, City shall be entitled to a temporary 17 and permanent injunction by a court of competent jurisdiction against 18 any breach or threatened breach of the Confidential Information 19 provisions of this Agreement. Carpet King acknowledges that in case 20 of such breach or threatened breach of said provisions, City would 21 have no adequate remedy at law. 22 8. Warranties. 23 Carpet King warrants title to the flooring purchased 24 hereunder and any part thereof to be free of any claim of any security 25 interest, lien or any encumbrance. Carpet King also warrants that.the 26 flooring will be delivered new and shall be free from defects in 27 material and workmanship. Carpet King shall provide a one (1) year- 28 labor and material warranty and a limited five (5) year commercial - 5 - warranty for manufacturing defects and wear to begin upon City's acceptance of the MGS Flooring. In addition, all manufacturers' warranties, and any other warranties made applicable by law, shall apply to City's purchase of the materials and labor provided by Carpet King. 9. Compliance with Laws. Carpet King shall strictly observe and comply with all applicable federal, state, and local laws, ordinances and regulations governing this sale, including but not limited to any permit or license requirements of the United States Department of Commerce, as well as any laws of the United States of America. 10. Governing Law. The validity, interpretation and performance of this Contract shall be controlled and construed under the laws of the State of California. 11. Forum Selection. Any action brought relating to this Contract shall be brought and held exclusively in a State Court in the County of Los Angeles, California. 12. Notices. Notices to the parties, unless otherwise requested in writing, shall be sent to: City: THE CITY OF VERNON ATTN: BRUCE V. MALKENHORST CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CA 90058-0805 Carpet King: CARPET KING CARPET ONE ATTN: SAUL GERSHON 1203 S. CENTRAL AVENUE GLENDALE, CA 91204 - 6 - 13. General Provisions. A. Independent Contractor. At all times during the term of this Contract, Carpet King shall be an independent contractor and shall not be an employee of the City. The City shall have the right to control the means by which Carpet King accomplishes services to the extent that such services involve the use of City property or Confidential Information. B. Carpet.King Not Agent. Except as the City may specify in writing, Carpet King has no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. Carpet King shall have no authority, expressed or implied, pursuant to this Contract to bind the City to any obligation whatsoever. C. Indemnification. Carpet King shall indemnify, defend, protect and hold harmless the City and its officers, agents and employees, from any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, or judgments which result in any injury or death, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense arising out of or attributable to the negligent or wrongful acts of Consultant or its subcontractors, employees or agents in the performance of services under this Agreement. Carpet King agrees to give City prompt notice of any such claim, demand, or action and shall cooperate fully with City in defense and settlement of said claim, demand, or action. D. Insurance. Carpet King agrees to provide insurance in the amounts and forms specified in Exhibit B, which is attached hereto and incorporated by reference. Comparable coverage shall be provided for each subcontractor used in the performance of - 7 - I this Contract. Carpet King shall submit to the City documentation 2 indicating compliance with these minimum requirements no less than one 3 (1) day prior to the beginning of performance under this Contract. 4 Carpet King shall not commence performance of its services under this 5 Contract until the above insurance has been obtained and proof of 6 insurance has been filed with and approved by the City. 7 E. Assignment and Subcontracting Prohibited. No 8 party to this Contract may assign or subcontract any right or 9 obligation pursuant to this Contract except as especially and 10 specifically provided for in the Proposal or with the express written 11 consent of the other party. Any other attempted or purported 12 assignment of any right or obligation pursuant to this Contract shall 13 be void and of no effect. 14 F. Entire Agreement. This Contract constitutes the 15 complete and final expression of the agreement of the parties and is 16 intended as a complete and exclusive statement of the terms of their 17 agreement and supersedes all prior and contemporaneous offers, 18 promises, representations, negotiations, discussions, communications 19 and agreements which may have been made in connection with the subject 20 matter hereof. All exhibits are incorporated by reference. Carpet 21 King represents that in entering into this Contract it has not relied 22 on any previous representations or understandings of any kind or 23 nature. 24 G. Partial Invalidity. Wherever possible, 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 - be ineffective to the extent, but only to the extent of such invalidity, illegality or unenforceability without invalidating the remainder of such provision or provisions or any other provision hereof, unless such a construction would be unreasonable or contrary to the parties' intent as expressed in this Contract. H. Benefit of Agreement. This Contract shall bind and benefit the parties hereto and their heirs, successors, and permitted assigns. I. Waiver. Any waiver at any time by either party of its rights with respect to a default under this Contract, or with respect to any other matters arising in connection with this Contract, shall not be deemed a waiver with respect to subsequent default or other matter. J. Amendment. All changes or modifications to this Contract shall be in writing stating that it is an amendment to this Contract and shall be signed by both parties or their duly authorized agents. This Contract shall not be modified through course of dealing, usage or trade. K. Force Majeure. Neither Party shall be considered to be in default in any of its obligations under this Contract when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor material shortage, sabotage, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not - 9 - I reasonably have been expected to avoid and by exercise of due 2 diligence has been unable to overcome. Either party rendered unable 3 to fulfill any of its obligations under this Agreement by reason of an 4 uncontrollable force,shall give written notice within five (5) 5 business days of such fact to the other party and shall exercise due 6 diligence to remove such inability with all reasonable dispatch. 7 IN WITNESS WHEREOF, the parties have caused this Contract to 8 be executed by and through their authorized officers on the date, 9 month and year first written above. 10 CITY OF VERNON 11 By: If C 12 L ONIS C. MALB RG, Mayor ATTEST• 13 !/ 14 BRUCE V.'MALKENHORST, City Clerk 15 APPROVED TO FORM: 16 ERIC T. FRESCH, ity orney 7::7,< 17 CARP KING CARPET ONE 18 B y : _. 19 Title: 20 By: 21 Title: 22 23 24 25 26 27 28 - 10 - CARPET KING CARPET ONE America's Largest Flooring Retailer Proposal Date: April 12, 2004 Proposal Submitted to: Phone Job Name Rachel V. Malkenhorst SAME Name Vernon Historic Preservation Society street Shad 2715 E. 56" Street city state Zip Code city State Zip Code Architect Date of Plans F Vernon CA 90068 1 =====I Thank you for the opportunity to research this project and to submit our proposal for the work as discussed below. For budget purposes and showcasing the control room floor — replicating the original patterned floor design — we are breaking down the scope of the work into two areas: A. The Control Room B. 2 Corridors, East & West, and Offices off of these corridors. All work will include the removal of existing floor the and top -set base, scraping floors as necessary, and normal prep work. We will follow manufacturers guidelines to prepare the existing subfloor to receive new floor tile. A — CONTROL ROOM ...................... ......... .......... - - .$179233 o Demo existing floor tile as necessary and remove from premises. o Prep floors to receive new tile per manufacturer guidelines. o Furnish and install new vinyl file — Colorex by Forbo Industries — 24' x 24' at .080 gauge in color as selected in square pattern with 3' border around each file in color as selected. o Furnish & install 6' rubber topset base, black, around perimeter wails after removal of old base. B — EAST & WEST CORRIDORS & ADJOINING OFFICES....................•____••..._..._,___,e_•.$8,299 o Demo existing tile as necessary. o Prep floors to receive new file per manufacturer guidelines. o Furnish & install new 1T x 12' VCT tile by Mannington, color TBD. o Furnish & install 6' rubber topset cove base in corridors o Furnish & install 4' rubber topset cove base in offices. PROJECT NOTES: o We will furnish & install all necessary transition pieces to finish the flooring work in accordance with industry standards. o We will need 3 weeks lead time to order materials and schedule labor. o All 'demo' and prep work to be done in evenings. o The installation of new materials, floor tile and top set base will be done during normal daytime business hours. 0 50% deposit due 3 weeks prior to work to guarantee material delivery. Balance due upon completion of work. We Propose to furnish labor and material complete In accordance with above and speared all labor w� be specifications, � to conditions as follows: Unless otherwise performed by nonAwdon subcontractors. Alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. AN agreements contingent upon strikes, accidents or delays beyond our controls. Owner to carry fire, tornado, and other necessary insurance. Ali work to be completed in a workmanlike manner according to standard practices. For The Sure of: TWENTY FIVE THOUSAND FIVE HUNDRED THIRTY TWO DOLLARS AND 001100 CENTS_ Dobrs($ 25,532.00- ) Acceptance: The above prices, arid condition Res ctfull Submitted are satisfactory and are hereby accepted. You are authorized to y do the work as speared. Saul Gershon X By Note: This proposal may be withdrawn by us if rat accepted within t o days) 1203 S. Central Ave - Glendale, CA 91204 - (818) 243-4251 • (323) 245-6a82 - (818) 242-4670 -fax CO)N N U m e- E o ca ~ 4 o V m O cn p C CO) en M o O 0 � W NW) N N m C L 0 00 0 E N ^" ,-' no m m � Q O N N o F= Q rn p c d > d u- o _ cc m N w N 'M m m m L U co [� O > C u) x W m Q) mCIA o Cl U. y LZc � �o 4� G w C yEy oai cn Cl v CO) i c LL p E '� d O U i S I m 0. p E'C O ` o V U o Wm c O C U ooch NN m c x W R 0 IV � m IV > �r T U d E m O (LLL �� C ;vW c Nt ;%O �� O N cC m $c3aZ0 U m v ami� =�� �,o p c c(ov coN O .� O .� mU p co a Co omN W cn 0 c x = U O JO - rn 'W O pm RCS U t- a 'P C N C Qac Nv dE cU co Lim e- m W I N p co I _ ch co CO) ( v V N + LQ fn co U.N ti f` ti p FL. ao 0 ,�:: N Nca NQ N W V cV W N NN(V NW rn N �- O Ncn toil c ---_- —_._• - i u� „•a.v��.+wtt r7U1 L L4 la•DJ eden r. ul I EV. lam. 321" saw: 1*'-- 1, Module Size ---• 14" x 14" Material per Module: A. t Tile 12" x 12", Not Beveled B. 2 Strips 2" x 12", Not Beveled C. 1 2" x 2" Button, Not Beveled `D.F. 48, Same as above dacir, Wvaiod. 63 RightFax 4/16/2004 4:01 PAGE. 4/6 RightFax INGTM. VCT Product Data Sheet Essentials, ' Designer Essentials, Inspirations, and Brushwork Product Construction Mannington Commercial Vinyl Composition (VCT) is composed of binder (organic), filers (inorganic) and pigments. The organic binder portion contains vinyl resins, plasticizers additives, and Mo, or greater, recycled vinyl oontent. The inorganic portion is naturally occuring limestone and represents the vast majority of the product. Recycled content per total product weight Is 1 Y2% or more. Color and Pattern are distributed throughout the thickness of the tile. Gauge Nominal Thickness Inches (mm) Package/Count Weight (Average) ' Lbs. per carton Lbs. par ft Mograrns per carton Size Nominal Size Inches (mm) Recommended Load Limit Static Load Lknit psi Reference Specifications ASTM SpecNostbr; F-1066 Federal Specifrcation SS-T.312B Canacian Spec fication CCMC CSA-t126.1 Fire Test Data ASTM E-648 Critical Radiant Flux, k 0.45 watts/cm= ASTM E-662 Smoke, <,I-- 450 MIL - STD.16230 Char length 51=10- ASTM E-84 Rama Spread, 25 ft or less New York State DOS File A&rnrber DHOW 0.126 in (3.18mm) 45/ctn 64 1.41 29 12 in x 12 in (30.5cm x 30.5cm) 75 psi (5.28 kg/cm2) Non Admstos, 7}xough Pattern Toe (vinyl Composition) Type.IV, Composition I VCT Type A Passes as Class 1 Passes Passes Passes 12050-930618-1076 RightFax' - 4/16/2004 4:01 PAGE .5/6 RightFax ' Durability Superior — Limited 5-Year Commercial Warty. Installation Adhesive Type, Clear Thin Set V 11 Spread 200 It* gal Traffic Performance Moderate, Heavy, Extra Heavy Commercial Meets the requirements of Americans with Disabilities Ad for Static Coefficient of fridion as manufactured Limitations Mannin9ton Commercial VCT is not recommended for use in hospital operating suites, commercial kitchens, exterior areas, or in areas that require static dissipation. VCT is not recommended in commercial areas where the consistent temperature either exceeds 100- F (38-c) or is below 55•F (13'c). Wood sub floors directly on mete or sleepers, either on or below grade, are unsatisfactory for VCT installation. 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KightF•ax• 4/16/2004 4:01 PAGE 6/6 RightFax d q F a+ N �g�tg OD SCv�'A �� IV�]H _ .S sk me _333 uy °•° ggzG�a®�Ti t7ti I v� g tIs UG vi'iai�SCoai�� ai as Ca7V3i>wH �www v��Ho�o40 > � 8 v�a4w�a m Aq a � 42 �+ co Mv tg x m E. z Ca C�7 U > �i � �i •v . ' ID o �. _ a - 0 obwF+viScov� � � H •to � M � Vf M h Vl p q a h `BSc •°$g 0 1 EXHIBIT B 2 INSURANCE SCHEDULE 3 Carpet King 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 jurX Prope 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. Liabili 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 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 reduction of coverage. 21 3. An endorsement providing coverage for all operations under this Agreement. 22 4. Such other endorsement as may be required by addendum hereto. 23 24 25 26 27 28 EXHIBIT "B"