Resolution No. 85251
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RESOLUTION NO. 8525
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
MAINTENANCE SERVICE CONTRACT BY AND BETWEEN THE
CITY OF VERNON AND RHINO CONSTRUCTION SERVICES FOR
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 construction of the Malburg
Project, the City needs the services of a vendor to provide ongoing
electrical substation maintenance activities commencing on or about
(July 1, 2004 and ending June 30, 2005 (hereinafter referred to as
1"Substation Maintenance"); and
WHEREAS, Rhino Construction Services ("Rhino") has provided
(services to the City in the past regarding Substation Maintenance and
Ithus should be able to provide the services now required by the City in
la more efficient and effective manner; and
WHEREAS, on or about March 1, 2004, Rhino Construction
IServices ("Rhino"), provided the City with a proposal to provide the
Substation Maintenance for the Malburg Project; and
WHEREAS, on September 1, 2004, the Finance Committee
1considered the recommendation of Bruce V. Malkenhorst, Director of
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Finance, dated August 26, 2004, to continue to retain the services of
Rhino to provide the Substation Maintenance for 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 a contract 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
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Maintenance Service Contract with Rhino Construction
Services, a copy of which is attached hereto as Exhibit A and
incorporated 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:
Rhino Construction Services
Attn. James Megorden
2672 Kempton Drive
Los Alamitos, CA 90720
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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 1st day of September, 2004.
THOMAS A. YBA , Mayor 'Pro Tem
ATTEST:
BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
2 ) ss
COUNTY OF LOS ANGELES )
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4 T, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 8525, was duly adopted by the City Council of the City of Vernon at a
7 regular meeting of the City Council duly held on Wednesday,
8 September 1, 2004, and thereafter was duly signed by the Mayor Pro Tem
9 of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
Fj
I MAINTENANCE SERVICE CONTRACT
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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 1ST day of
6 September, 2004, in the City of Vernon, County of Los Angeles,
7 California
8 BY AND BETWEEN THE CITY OF VERNON
9 (hereinafter referred to as
"City")
10 4305 Santa Fe Avenue
Vernon, CA 90058
11 AND RHINO CONSTRUCTION SERVICES
12 (hereinafter referred to as
"Rhino")
13 2672 Kempton Drive
Los Alamitos, CA 90720
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15 RECITALS
16 WHEREAS, City is constructing the Malburg Generating Station
17 Combined Cycle Power Plant at 2715 E. 50th Street in the City of
18 Vernon (the "Malburg Project") for purposes of installing additional
19 generating capacity that is capable of yielding cost effective,
20 efficient and reliable electricity to meet its goals, while meeting
21 Federal, State and local environmental and siting requirements; and
22 WHEREAS, the Malburg Project team has determined that it
23 needs the services of a vendor to provide ongoing electrical
24 substation maintenance activities during construction of the Malburg
25 Project (hereinafter referred to as "Substation Maintenance"); and
26 WHEREAS, Rhino has performed Substation Maintenance for the
27 Malburg Project in the past; and
28 WHEREAS, Rhino prepared a Proposal (RCS-4-80: Time &
1 Material) dated March 1, 2004 to provide the Substation Maintenance
2 (hereinafter referred to as the "Proposal"), a copy of which is
3 attached hereto as Exhibit A and incorporated by reference; and
4 WHEREAS, the Proposal would allow for the Substation
5 Maintenance throughout the fiscal year 2004/2005 at a cost not to
6 exceed Fifty Thousand Dollars ($50,000.00); and
7 WHEREAS, Rhino represents that it is qualified, properly
8 licensed and capable of furnishing the Substation Maintenance services
9 that the City requires as set forth in the Proposal and is willing to
10 do so on the terms and conditions set forth below; and
11 WHEREAS, the City desires to enter into an agreement with
12 Rhino to provide for the labor and materials necessary for the
13 Substation Maintenance services.
14 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
15 FORTH HEREIN:
16 1. Scope of Services.
17 Rhino agrees to provide all labor, material and equipment to
18 perform the Substation Maintenance on a time and material basis as set
19 forth and described in detail in the attached Exhibit A. Furthermore,
20 Rhino shall provide the Substation Maintenance services as specified
21 herein and any other services requested by the City on an as -needed
22 basis, subject to the direction of the City, through its staff. It is
231 understood and agreed that in the event of a conflict between the
24 Proposal and this Contract, the terms of this Contract shall prevail.
25 2. Time of Performance.
26 Rhino's performance as identified herein shall commence
27 July 1, 2004, and shall continue until June 30, 2005, unless the
28 Contract is otherwise terminated or extended.
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1 3. Compensation.
2 The City will compensate Rhino for actual effort expended on
3 a time and materials basis in accordance with the Proposal. The
4 amount to be incurred for the Substation Maintenance services provided
5 by Rhino under this Contract shall not exceed the sum of Fifty
6 Thousand Dollars and No Cents ($50,000.00), unless this Contract is
7 amended or a Change Order agreed to by the parties.
8 Other expenses not identified in the Proposal may only be
9 billed if advance written approval has been obtained from the City
10 Administrator.
11 4. Method of Payment.
12 Rhino shall submit within thirty (30) days after the last
13 day of any month in which services have been performed or costs
14 incurred hereunder an invoice to the City. Invoices shall contain an
15 itemization of services rendered, the names, labor classifications,
16 the hours worked for each worker on a specific job, the equipment used
17 and the number of hours the equipment was used, other directly related
18 job expenses and subcontract charges incurred by Rhino and for which
19 compensation is due. Rhino shall be responsible for paying any
20 subcontractors used in the performance of this Contract.
21 Subcontractors shall not bill the City directly.
22 Payment of the invoice shall be made after acceptance and
23 approval by the City within thirty (30) days of receipt. The City's
24 approval of the invoice shall not be unreasonably withheld.
25 5. Change and Extra Services. City reserves the right to
26 request changes in the services to be performed by Rhino. All such
27 changes shall be incorporated in written change orders executed by
28 City and Rhino and shall specify the changes ordered and the
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I adjustment of compensation and completion time required thereof. Any
2 equipment or services added to the scope of this Contract under this
3 section shall be executed under all applicable conditions of this
4 Contract. No claim for additional compensation or extension of time
5 shall be recognized unless contained in a duly executed change order.
6 6. Termination. This Contract may be terminated by the
7 City without cause on ten (10) days written notice to Rhino. In the
8 event of such termination by the City, Rhino shall be entitled to only
9 the compensation earned by it prior to the date the termination
10 notice, plus compensation for necessary work performed during the ten
11 (10) day notice peribd and authorized in the termination notice.
12 7. Cancellation/Default. In the event that Rhino commits
13 a breach of a material condition of this Contract, City shall notify
14 Rhino in writing of said breach and if Rhino has not cured or begun
15 reasonable efforts to cure after fifteen (15) days of receipt of said
161 notice, and fails to diligently pursue corrective action, City shall
17 have the right to cancel this Contract for cause based on Rhino's
18 default. Rhino shall be responsible for any direct costs due to
19 City's re -procurement of the equivalent of the equipment or services
20 cancelled from Rhino.
21 8. Confidential Information.
22 A. Access to Confidential Information. City may
23 provide Rhino and/or its subcontractor with, or allow Rhino access to,
24 certain information not available to the public concerning City, or
25 businesses located in City. The information may include company
261 information, taxes, sales, value of assets, or other such information.
27 All such information shall be known as "Confidential Information"and
28 may not be used to circumvent the responsibility of either party to
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I this Contract.
2 B. No Disclosure. Except as expressly permitted,
3 Rhino and/or its subcontractor shall not disclose, permit the
4 disclosure of, release, disseminate, or transfer, whether orally or by
5 any other means, any part of such Confidential Information to any
6 other person or entity, whether corporate, governmental, or
7 individual, without the express prior written consent of an authorized
8 representative of City. Rhino and/or its subcontractor shall return
9 any written Confidential Information and all copies made of such items
10 to City upon City's written request, but in any event not later than
11 the date that Rhino has performed all services to be performed
12 pursuant to this Contract. Rhino 'hereby agrees that such Confidential
13 Information and any documents provided may be used by Rhino and/or its
14 subcontractor only as authorized by the City. Rhino shall include a
15 contract provision in its contract with subcontractors that binds the
16 subcontractors to this non -disclosure requirement. Rhino shall take
17 reasonable measures to avoid any disclosure of any such Confidential
18 Information to any unauthorized person.
19 C. Court Ordered Disclosure. Rhino shall immediately
20 notify City of any court order or subpoena requiring disclosure of
21 Confidential Information, and shall cooperate with City's legal
22 counsel in responding to any such order or subpoena. Rhino may only
23 disclose Confidential Information required to be disclosed pursuant to
24 court order or subpoena after legal counsel has exhausted any lawful
25 and timely appeal or challenge.
26 D. Remedies. In addition to any other remedies that
27 it may have at law or in equity, City shall be entitled to a temporary
28 and permanent injunction by a court of competent jurisdiction against
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I any breach or threatened breach of the Confidential Information
2 provisions of this Agreement. Rhino acknowledges that in case of such
3 breach or threatened breach of said provisions, City would have no
4 adequate remedy at law.
5 9. Warranties. Rhino warrants title to the equipment
6 purchased hereunder and any part thereof to be free of any claim of
7 any security interest, lien or any encumbrance. Rhino also warrants
8 that the equipment will be delivered new and shall be free from
9 defects in material and workmanship and will provide a one year labor
10 and material warranty. All manufacturers' warranties, any warranties
11 typically provided by Rhino and any other warranties made applicable
12 by law shall apply to the City's purchase of equipment and services
13 hereunder.
14 10. Compliance with Laws. Rhino shall strictly observe and
15 comply with all applicable federal, state, and local laws, ordinances
16 and regulations governing this sale, including but not limited to any
17 permit or license requirements of the United States Department of
18 Commerce, as well as any laws of the United States of America.
19 11. Governing Law. The validity, interpretation and
20 performance of this Contract shall be controlled and construed under
21 the laws of the State of California.
22 12. Forum Selection. Any action brought relating to this
23 Contract shall be brought and held exclusively in a State Court in the
24 County of Los Angeles, California.
25 13. Notices. Notices to the parties, unless otherwise
26 requested in writing, shall be sent to:
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28 / / /
City: THE CITY OF VERNON
I ATTN: BRUCE V. MALKENHORST
2 CITY ADMINISTRATOR
4305 SANTA FE AVENUE
3 VERNON, CA 90058-0805
Rhino: RHINO CONSTRUCTION SERVICES
4 ATTN: JAMES MEGORDEN
5 2672 KEMPTON DRIVE
LOS ALAMITOS, CA 90720
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7 14. General Provisions.
8 A. Independent Contractor. At all times during the
9 term of this Contract, Rhino shall be an independent contractor and
10 shall not be an employee of the City. The City shall have the right
11 to control Rhino only insofar as the results of Rhino's services
12 rendered pursuant to this Contract; however, the City shall not have
13 the right to control the means by which Rhino accomplishes services
14 rendered pursuant to the Contract except to the extent that such
15 services involve the use of City property or Confidential Information.
16 B. Rhino Not Agent. Except as the City may specify
17 in writing, Rhino shall have no authority, express or implied, to act
18 on behalf of the City in any capacity whatsoever as an agent. Rhino
19 shall have no authority, expressed or implied, pursuant to this
20 Contract to bind the City to any obligation whatsoever.
21 C. Indemnification. Rhino shall indemnify, defend,
22 protect and hold the City and its officers, agents and employees, free
23 and harmless from and against any and all claims, demands, losses,
24 damages, liabilities, fines, charges, penalties, orders, judgments and
25 all costs and expenses incurred in connection therewith, including
26 reasonable attorney's fees and costs of defense arising out of or
27 attributable to the negligent or wrongful acts of Rhino or its
28 subcontractors, employees or agents in the performance of services
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I under this Contract, except to the extent arising from or caused by
2 the sole negligence or willful misconduct of the City, its officers,
3 agents or employees.
4 D. Insurance. Rhino agrees to provide insurance in
5 the amounts and forms specified in Exhibit B, which is attached hereto
6 and incorporated by reference. Comparable coverage shall be provided
7 for each subcontractor used in the performance of this Contract.
8 Rhino shall submit to the City documentation indicating compliance
9 with these minimum requirements no less than one (1) day prior to the
10 beginning of performance under this Contract. Rhino shall not commence
11 performance of its services under this Contract until the above
12 insurance has been obtained and proof of insurance has been filed with
13 and approved by the City.
14 E. Assignment and Subcontracting Prohibited. No
15 party to this Contract may assign or subcontract any right or
16 obligation pursuant to this Contract except as especially and
17 specifically provided for in the Proposal or with the express written
18 consent of the other party. Any other attempted or purported
19 assignment of any right or obligation pursuant to this Contract shall
20 be void and of no effect.
21 F. Entire Agreement. This Contract constitutes the
22 complete and final expression of the agreement of the parties and is
23 intended as a complete and exclusive statement of the terms of their
24 agreement and supersedes all prior and contemporaneous offers,
25 promises, representations, negotiations, discussions, communications
26 and agreements which may have been made in connection with the subject
27 matter hereof. All exhibits are incorporated by reference. Rhino
28 represents that in entering into this Contract it has not relied on
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1 any previous representations or understandings of any kind or nature.
2 G. Partial Invalidity. Wherever possible, each
3 provision hereof will be interpreted in such manner as to be effective
4 and valid under applicable law, but in case any one or more of the
5 provisions contained herein will, for any reason, be held to be
6 invalid, illegal or unenforceable in any respect, such provision will
7 be ineffective to the extent, but only to the extent of such
8 invalidity, illegality or unenforceability without invalidating the
9 remainder of such provision or provisions or any other provision
10 hereof, unless such a construction would be unreasonable or contrary
11 to the parties' intent as expressed in this Contract.
12 H. Risk of Loss. Risk of loss or damage shall pass
13 to the City upon installation and acceptance by the City.
14 I. Benefit of Agreement. This Contract shall bind
15 and benefit the parties hereto and their heirs, successors, and
16 permitted assigns.
17 J. Waiver. Any waiver at any time by either party of
18 its rights with respect to a default under this Contract, or with
19 respect to any other matters arising in connection with this Contract,
20 shall not be deemed a waiver with respect to subsequent default or
21 other matter.
22 K. Amendment. All changes or modifications to this
23 Contract shall be in writing stating that it is an amendment to this
24 Contract and shall be signed by both parties or their duly authorized
25 agents. This Contract shall not be modified through course of
26 dealing, usage or trade.
27 L. Force Majeure. Neither Party shall be considered
28 to be in default in any of its obligations under this Contract when a
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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
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 itt 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.
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1 IN WITNESS WHEREOF, the parties have caused this Contract to
2 be executed by and through their authorized officers on the date,
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month and year first written above.
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CITY
OF VERNON
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By:
LEONIS
C. MALBURG, Mayor
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ATTEST:
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BRUCE V. MALKENHORST, City Clerk
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APPROVED AS TO FORM:
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ERIC T. FRESCH, City Attorney
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RHINO CONSTRUCTION SERVICES
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By:
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Title._rS�
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By:
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Titl
-W
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EXHIBIT
Ll-
��oo L ME
GENERAL BUILDING & ELECTRICAL CONTRACTOR
2672 Kempton Drive, Los Alamitos CA 90720 Date: March 1, 2004
Phone:562-773-9045 Fax: 562-594-7466.
B, C-10, License: 812470
To: City of Vernon Attention Mr. Manuel Garcia
1-323-583-8811 FAX: 1-323-585-1425
PROPOSAL: RCS-4-80: Time & Material
Overview: Provide Time & Material Services as needed and or requested.
Scope:
I. Provide all Labor, Material and Equipment with daily time sheets, signed or initialed listing provided labor,
materials, equipment and accessories installed as requested or required.
2. Services: available, Signatory Inside Wireman Electricians, Maintenance Electricians and Substation
Electricians, as indicated on the following Matrix.
3. Laborers and General Contracting Services can be provided, rates to be determined if requested.
4. Straight time: 8 hour work, Monday through Friday between the hours of 6:00 am and 6:00 pm with % hour
lunch period between 10:00 am ano 1:30 pm, all work performed outside of the stated hours will be paid at
the overtime rate.
5. Overtime on all types of construction shall be paid at time and one-half the regular straight time rate for
hours worked. The overtime rate shall be double the straight time rate of pay on Sunday, the following
horrdays and after twelve hours on any day. (Memorial Day, 0 of July, Labor Day, Veterans Day Nov. 11,
Thanksgiving Day, Day after Thanksgiving, Christmas Day and New Years Day). If any of these days falls
on Sunday, the following Monday shall be considered the holiday, if Christmas or New Years farts on
Saturday, the preceding Friday will be considered the Holiday.
6. All overtime prior to normal shift will be paid at double the straight time rate of pay.
7. Any employee working non-scheduled overtime and or call out shall be paid double the straight time rate of
pay with a two hour minimum.
8.. Any employee working shall be paid 4 hour minimum. for 1" through 0 hour worked and 8 hours minimum
for a through the 8 h hour worked.
Inside Wireman
Straight Time
Rates
Overtime
Rates
Double Time
Rates
future raise
7/26/2004
future 'raise
1/31/2005
increase
$ 1.10
General Foreman
$70.00 per hour
$96.00 per
hour
$122.00 per
hour
increase
$ 1.04
Foreman
$65.00 r'hour
$88.00 per
hour
$112.00 per
hour
increase $
0.96
increase $
1.00
Joume an
$60.00 p2r hour
$82.00 per
hour
$102.00 per
hour
increase $
0.85
_increase $
0.90
1st step
Apprentice
$40.00 er hour
$50.00 r
Pe
hour
$60.00 r hour
increase $
0.85
increase $
0.90
2nd step
Apprentice
$50.00. r hour
$65.00 �r
hour 1
$80.00 per hour
increase $
0.85
increase $
0.90
9. All material will be billed + tax and 15% mark up.
EXHIBIT
to]
1 S,
1 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 11. 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 Liabilitv $1,000,000 $2,000,000 $1,000,000
161 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 City.
23 b. In addition to the above, the Consultant shall provide such further proof of insurance
documentation as the City deems necessary.
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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
Chief Executive Officer of
Light & Power
FAX: (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
October 5, 2004
Rhino Construction Services
2672 Kempton Drive
Los Alamitos, CA 90720
Attn: James Megorden
Re: Maintenance Service Contract
Dear Mr. Megorden:
ERIC T. FRESCH
City Attorney
FAX: (323) 826-1439
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
SOL BENUDIZ
Police Chief
FAX: (323) 826-1481
LEWIS J. POZZEBON
Director of Environmental Health
FAX: (323) 588-4320
The insurance requirement has been met. Transmitted herewith is a
duplicate original of the above referenced contract approved by the
Vernon City Council on September 1, 2004.
If you have any questions regarding this matter, please call Mr. Eric
Fresch at (323) 583-8811 ext. 175.
Very truly yours,
Vim" U�"
Gloria Molleda
Deputy City Clerk
CC: Eric Fresch
Dolores Fonseca
Resolution No. 8525
Agreement No. 04-081
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MAINTENANCE SERVICE 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 1ST day of
September, 2004, in the City of Vernon, County of Los Angeles,
California
BY AND BETWEEN
AND
THE CITY OF VERNON
(hereinafter referred to as
"City")
4305 Santa Fe Avenue
Vernon, CA 90058
RHINO CONSTRUCTION SERVICES
(hereinafter referred to as
"Rhino")
2672 Kempton Drive
Los Alamitos, CA 90720
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 it
needs the services of a vendor to provide ongoing electrical
substation maintenance activities during construction of the Malburg
Project (hereinafter referred to as "Substation Maintenance"); and
WHEREAS, Rhino has performed Substation Maintenance for the
Malburg Project in the past; and
WHEREAS, Rhino prepared a Proposal (RCS-4-80: Time &
I Material) dated March 1, 2004 to provide the Substation Maintenance
2 (hereinafter referred to as the "Proposal"), a copy of which is
3 attached hereto as Exhibit A and incorporated by reference; and
4 1WHEREAS, the Proposal would allow for the Substation
5 Maintenance throughout the fiscal year 2004/2005 at a cost not to
6 exceed Fifty Thousand Dollars ($50,000.00); and
7 WHEREAS, Rhino represents that it is qualified, properly
8 licensed and capable of furnishing the Substation Maintenance services
9 that the City requires as set forth in the Proposal and is willing to
10 do so on the terms and conditions set forth below; and
11 WHEREAS, the City desires to enter into an agreement with
12 Rhino to provide for the labor and materials necessary for the
13 Substation Maintenance services.
14 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
15 FORTH HEREIN:
16 1. Scope of Services.
17 Rhino agrees to provide all labor, material and equipment to
18 perform the Substation Maintenance on a time and material basis as set
19 forth and described in detail in the attached Exhibit A. Furthermore,
20 Rhino shall provide the Substation Maintenance services as specified
21 herein and any other services requested by the City on an as -needed
22 basis, subject to the direction of the City, through its staff. It is
23 understood and agreed that in the event of a conflict between the
24 Proposal and this Contract, the terms of this Contract shall prevail.
25 2. Time of Performance.
26 Rhino's performance as identified herein shall commence
27 July 1, 2004, and shall continue until June 30, 2005, unless the
28 Contract is otherwise terminated or extended.
- 2 -
1 3. Compensation.
2 The City will compensate Rhino for actual effort expended on
31 a time and materials basis in accordance with the Proposal. The
41 amount to be incurred for the Substation Maintenance services provided
5 by Rhino under this Contract shall not exceed the sum of Fifty
6 Thousand Dollars and No Cents ($50,000.00), unless this Contract is
7 amended or a Change Order agreed to by the parties.
8 Other expenses not identified in the Proposal may only be
9 billed if advance written approval has been obtained from the City
10 Administrator.
11 4. Method of Payment.
12 Rhino shall submit within thirty (30) days after the last
13 day of any month in which services have been performed or costs
14 incurred hereunder an invoice to the City. Invoices shall contain an
15 itemization of services rendered, the names, labor classifications,
16 the hours worked for each worker on a specific job, the equipment used
17 and the number of hours the equipment was used, other directly related
18 job expenses and subcontract charges incurred by Rhino and for which
19 compensation is due. Rhino shall be responsible for paying any
20 subcontractors used in the performance of this Contract.
21 Subcontractors shall not bill the City directly.
22 Payment of the invoice shall be made after acceptance and
23 approval by the City within thirty (30) days of receipt. The City's
24 approval of the invoice shall not be unreasonably withheld.
251 5. Change and Extra Services. City reserves the right to
26 request changes in the services to be performed by Rhino. All such
27 changes shall be incorporated in written change orders executed by
28 City and Rhino and shall specify the changes ordered and the
- 3 -
I adjustment of compensation and completion time required thereof. Any
2 equipment or services added to the scope of this Contract under this
3 section shall be executed under all applicable conditions of this
4 Contract. No claim for additional compensation or extension of time
5 shall be recognized unless contained in a duly executed change order.
6 6. Termination. This Contract may be terminated by the
7 City without cause on ten (10) days written notice•to Rhino. In the
8 event of such termination by the City, Rhino shall be entitled to only
9 the compensation earned by it prior to the date the termination
10 notice, plus compensation for necessary work performed during the ten
11 (10) day notice period and authorized in the termination notice.
12 7. Cancellation/Default. In the event that Rhino commits
13 a breach of a material condition of this Contract, City shall notify
14 Rhino in"writing of said breach and if Rhino has not cured or begun
15 reasonable efforts to cure after fifteen (15) days of receipt of said
16 notice, and fails to diligently pursue corrective action, City shall
17 have the right to cancel this Contract for cause based on Rhino's
18 default. Rhino shall be responsible for any direct costs due to
19 City's re -procurement of the equivalent of the equipment or services
20 cancelled from Rhino.
21 8. Confidential Information.
22 A. Access to Confidential Information. City may
23 provide Rhino and/or its subcontractor with, or allow Rhino access to,
241 certain information not available to the public concerning City, or
25 businesses located in City. The information may include company
26 information, taxes, sales, value of assets, or other such information.
27 All such information shall be known as "Confidential Information" and
28 may not be used to circumvent the responsibility of either party to
- 4 -
I this Contract.
2 B. No Disclosure. Except as expressly permitted,
3 Rhino and/or its subcontractor shall not disclose, permit the
4 disclosure of, release, disseminate, or transfer, whether orally or by
51 any other means, any part of such Confidential Information to any
61 other person or entity, whether corporate, governmental, or
7 individual, without the express prior written consent of an authorized
8 representative of City. Rhino and/or its subcontractor shall return
9 any written Confidential Information and all copies made of such items
10 to City upon City's written request, but in any event not later than
11 the date that Rhino has performed all services to be performed
12 pursuant to this Contract. Rhino hereby agrees that such Confidential
13 Information and any documents provided may be used by Rhino and/or its
14 subcontractor only as authorized by the City. Rhino shall include a
15 contract provision in its contract with subcontractors that binds the
16 subcontractors to this non -disclosure requirement. Rhino shall take
17 reasonable measures to avoid any disclosure of any such Confidential
18 Information to any unauthorized person.
19 C. Court Ordered Disclosure. Rhino shall immediately
20 notify City of any court order or subpoena requiring disclosure of
21 Confidential Information, and shall cooperate with City's legal
22 counsel in responding to any such order or subpoena. Rhino may only
23 disclose Confidential Information required to be disclosed pursuant to
24 court order or subpoena after legal counsel has exhausted any lawful
25 and timely appeal or challenge.
26 D. Remedies. In addition to any other remedies that
27 it may have at law or in equity, City shall be entitled to a temporary
28 and permanent injunction by a court of competent jurisdiction against
- 5 -
I any breach or threatened breach of the Confidential Information
2 provisions of this Agreement. Rhino acknowledges that in case of such
3 breach or threatened breach of said provisions, City would have no
4 adequate remedy at law.
5 9. Warranties. Rhino warrants title to the equipment
6 purchased hereunder and any part thereof to be free of any claim of
7 any security interest, lien or any encumbrance. Rhino also warrants
81 that the equipment will be delivered new and shall be free from
9 defects in material and workmanship and will provide a one year labor
10 and material warranty. All manufacturers' warranties, any warranties
11 typically provided by Rhino and any other warranties made applicable
12 by law shall apply to the City's purchase of equipment and services
13 hereunder.
14 10. Compliance with Laws. Rhino shall strictly observe and
15 comply with all applicable federal, state, and local laws, ordinances
16 and regulations governing Ithis sale, including but not limited to any
17 permit or license requirements of the United States Department of
18 Commerce, as well as any laws of the United States of America.
19 11. Governing Law. The validity, interpretation and
20 performance of this Contract shall be controlled and construed under
21 the laws of the State of California.
22 12. Forum Selection. Any action brought relating to this
23 Contract shall be brought and held exclusively in a State Court in the
24 County of Los Angeles, California.
25 13. Notices. Notices to the parties, unless otherwise
26 requested in writing, shall be sent to:
27
28
- 6 -
I
City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
2 CITY ADMINISTRATOR
4305 SANTA FE AVENUE
3 VERNON, CA 90058-0805
Rhino: RHINO CONSTRUCTION SERVICES
4 ATTN: JAMES MEGORDEN
5 2672 KEMPTON DRIVE
LOS ALAMITOS, CA 90720
6
7 14. General Provisions.
81 A. Independent Contractor. At all times during the
9 term of this Contract, Rhino shall be an independent contractor and
10 shall not be an employee of the City. The City shall have the right
1to control Rhino only insofar as the xesults of Rhino's services
1
rendered pursuant to this Contract; however, the City shall not have
12
13the right to control the means by which Rhino accomplishes services
14 rendered pursuant to the Contract except to the extent that such
15 services involve the use of City property or Confidential Information.
16 B. Rhino Not Agent. Except as the City may specify
17 in writing, Rhino shall have no authority, express or implied, to act
18 on behalf of the City in any capacity whatsoever as an agent. Rhino
19 shall have no authority, expressed or implied, pursuant to this
20 Contract to bind the City to any obligation whatsoever.
21 C. Indemnification. Rhino shall indemnify, defend,
22 protect and hold the City and its officers, agents and employees, free
23 and harmless from and against any and all claims, demands, losses,
24 damages, liabilities, fines, charges, penalties, orders, judgments and
25 all costs and expenses incurred in connection therewith, including
26 reasonable attorney's fees and costs of defense arising out of or
27 attributable to the negligent or wrongful acts of Rhino or its
28subcontractors, employees or agents in the performance of services
- 7 -
I under this Contract, except to the extent arising from or caused by
2 the sole negligence or willful misconduct of the City, its officers,
3 agents or employees.
4 D. Insurance. Rhino agrees to provide insurance in
5 the amounts and forms specified in Exhibit B, which is attached hereto
6 and incorporated by reference. Comparable coverage shall be provided
7 for each subcontractor used in the performance of this Contract.
8 Rhino shall submit to the City documentation indicating compliance
9 with these minimum requirements no less than one (1) day prior to the
101 beginning of performance under this Contract. Rhino shall not commence
11 performance of its services under this Contract until the above
12 insurance has been obtained and proof of insurance has been filed with
13 and approved by the City.
14 E. Assignment and Subcontracting Prohibited. No
15 party to this Contract may assign or subcontract any right or
16 obligation pursuant to this Contract except as especially and
17 specifically provided for in the Proposal or with the express written
18 consent of the other party. Any other attempted or purported
19 assignment of any right or obligation pursuant to this Contract shall
20 be void and of no effect.
21 F. Entire Agreement. This Contract constitutes the
22 complete and final expression of the agreement of the parties and is
23 intended as a complete and exclusive statement of the terms of their
24 agreement and supersedes all prior and contemporaneous offers,
25 promises, representations, negotiations, discussions, communications
26 and agreements which may have been made in connection with the subject
27 matter hereof. All exhibits are incorporated by reference. Rhino
28 represents that in entering into this Contract it has not relied on
- 8 -
1 any previous representations or understandings of any kind or nature.
2 G. Partial Invalidity. Wherever possible, each
3 provision hereof will be interpreted in such manner as to be effective
4 and valid under applicable law, but in case any one or more of the
5 provisions contained herein will, for any reason, be held to be
6 invalid, illegal or unenforceable in any respect, such provision will
71 be ineffective to the extent, but only to the extent of such
8 invalidity, illegality or unenforceability without invalidating the
9 remainder of such provision or provisions or any other provision
101 hereof, unless such a construction would be unreasonable or contrary
11 to the parties' intent as expressed in this Contract.
12 H. Risk of Loss. Risk of loss or damage shall pass
13 to the City upon installation and acceptance by the City.
14 I. Benefit of Agreement. This Contract shall bind
15 and benefit the parties hereto and their heirs, successors, and
16 permitted assigns.
17 J. Waiver. Any waiver at any time by either party of
18 its rights with respect to a default under this Contract, or with
19 respect to any other matters arising in connection with this Contract,
20 shall not be deemed a waiver with respect to subsequent default or
21 other matter.
22 K. Amendment. All changes or modifications to this
23 Contract shall be in writing stating that it is an amendment to this
24 Contract and shall be signed by both parties or their duly authorized
25 agents. This Contract shall not be modified through course of
26 dealing, usage or trade.
27 L. Force Majeure. Neither Party shall be considered
28 to be in default in any of its obligations under this Contract when a
- 9 -
I failure of performance shall be due to an uncontrollable force. The
2 term "uncontrollable force" shall mean any cause beyond the control of
3 the party affected, including, but not restricted to, flood,
4 earthquake, storm, fire, lightening, epidemic, war, riot, civil
5 disturbance or disobedience, labor dispute, labor material shortage,
6 sabotage, federal, state, or municipal action, statute, ordinance, or
7 regulation, embargoes of the United States Government or any other
8 government, which by exercise of due diligence such party could not
9 reasonably have been expected to avoid and by exercise of due
10 diligence has been unable to overcome. Either party rendered unable
11 to fulfill any of its obligations under this Agreement by reason of an
12 uncontrollable force, shall give written notice within five (5)
13 business days of such fact to the other party and shall exercise due
14 diligence to remove such inability with all reasonable dispatch.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 10 -
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
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:
—2f— �� �'-'
ERIC T. FR SC , Attorney
CITY OF VERNON
By : `
THOMAS YBARRA, Mayor Pro Tem.
RHINO CONSTRUCTION SERVICES
By: C�w�
•u..,.� It
VIM -onx.41"IT10"
GENERAL BUILDING Be ELECTRICAL CONTRACTOR
2672 Kempton Drive, Los Alamitos CA 90720 Date: March 1, 2004
Phone: 562-773-9045 Fax: 562-594-7466.
B, C-10, License: 812470
To: City of Vernon Attention Mr. Manuel Garcia
1-323-583-8811 FAX: 1-323-585-1425
PROPOSAL: RCS-"0: Time & Material
Overview: Provide Time & Material Services as needed and or requested.
Scope:
1. Provide all Labor, Material and Equipment with daily time sheets, signed or initialed listing provided labor,
materials, equipment and accessories installed as requested or required.
2. Services available, Signatory inside Wireman Electricians, Maintenance Electricians and Substation
Electricians, as indicated on the following Matrix.
3. Laborers and General Contracting Services can be provided, rates to be determined if requested.
4. Straight time: 8 hour work, Monday through Friday between the hours of 6:00 am and 6:00 pm with h hour
lunch period between 10:00 am and 1:30 pm, all work performed outside of the stated hours will be paid at
the overtime rate.
5. Overtime on all types of construction shall be paid at time and one-half the regular straight time rate for
hours worked. The overtime rate shall be double the straight time rate of pay on Sunday, the following
holidays and after twelve hours on any day. (Memorial Day, 0 of July, Labor Day, Veterans Day Nov. 11,
Thanksgiving Day, Day after Thanksgiving, Christmas Day and New Years Day). if any of these days falls
on Sunday, the.following Monday shall be considered the holiday, if Christmas or New Years falls on
Saturday, the preceding Friday will be considered the Holiday.
6. All overtime prior to normal shift will be paid at double the straight time rate of pay.
7. Any employee working non-scheduled overtime and or call out shall be paid double the straight time rate of
pay with a two hour minimum.
8.. Any employee working shall be paid 4 hour minimum. for 1" through 0 hour worked and 8 hours minimum
for 5 through the 81h hour worked.
nside wreman
[General
Straight Time
Rates
Overtime
Rates
Double Time
Rates
future raise
7/26/2004
future raise/20
1/3105
Foreman
$70.00
per hour
$96.00 per
hour
$122.00 per
hour
increase
$ 1.04
increase
$1.10
Foreman
$65.00
per'hour
$88.00 per
hour
$112.00 per
hour
increase $
0.96
increase $
1.00
Journeyman
$60.00 Per
hour
$82.00 per
hour
$102.00 per
hour
increase $
0.85
_increase $
0.90
1st step
Apprentice
$40.00 per
hour
$50.00 per
hour
$60.00 per hour
increase $
0.85
increase $
0.90
2nd step
A rentice
�$50-00.
r hour
$65.00 per
hour
$80.00 r hour
increase $
0.85
increase $
0.90
; 9. All material will be billed + tax and 15% mark up.
no OnST4111CTldn
GENERAL BUILDING & ELECTRICAL CONTRACTOR
i
We propose to furnish required material and labor on a time and material basis — complete in accordance with
the above scope items 1 through 9 as indicated.
Rhino Construction Services thanks you .for the opportunity to provide a proposal to quote this scope of work
for the City of Vernon.
All materials guaranteed to be as -specified as indicated above. All work performed by RHINO
CONSTRUCTION SERVICES and SUBCONTRACTORS is to be performed in a workmanlike manner, per
1999 NEC, 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 attorneys 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: PROPOSAL: RCS-4-80-Time and Material
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:
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 jurX Pro e�rty 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 emDoyer
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 Independerit.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 City.
23 b. In addition to the above, the Consultant shall provide such further proof of insurance
documentation as the City deems necessary.
24
25
26
27
28
EXHIBIT "B"
SUPPORTING
DOCUMENTS
70041160000349340242
10/20/2004
CITY OF VERNON 104252
ATTN: BRUCE V MALKENHORST/CITY
ADMIN
4305 SANTA FE AVE
VERNON, CA 90058
Re: Notice To Owner Or Public Entity
Dear Sir or Madam,
We are required by the laws of this state to notify you that we are furnishing labor, services, equipment or materials of the type
described on the enclosed standard form for the work of improvement known as the:VERNON LIGHT & POWER 204-58,
located at 2715 E 50TH STREET, VERNON, CA 90058.
Such labor, services, equipment or materials were contracted for by: RHINO CONSTRUCTION, who is one of the owners,
general contractors or subcontractors of this project.
We are further required by law to notify you at this time that if bills are not paid in full for labor, services, equipment or
materials furnished, or to be furnished, the improved property may be subject to mechanic's liens or stop notices, or a notice to
withhold funds may be filed where applicable. The enclosed notice is not intended to reflect in any way on the integrity or credit
standing of the contractors involved in this job, but is given merely to comply with the laws of this state. However, to fully
protect yourself you may consider (1) requiring your contractor to f umish a signed release from the person or firm giving you
this notice before making payment to your contractor, or (2) any other method or device which is appropriate under the
circumstances to guarantee payment of this debt. We appreciate the opportunity of furnishing our services for this job and we
hope it is progressing to your satisfaction.
Should you have any questions concerning this request, please feel free to call us at (760) 966-4653. Thank you.
Sincerely,
By: Miranda Buono, Lien Administrator
For: One Source Distributors
3951 Oceanic Drive
Oceanside, CA 92056
Phone: 760-966-4653
Fax: (760) 754-4559
File: 104252 (CA PB) owner Customer: RHINO CONSTRUCTION
Notice Requested by and Return to: Cust #:
One Source Distributors Job Name: VERNON LIGHT & POWER 204-58
3951 Oceanic Drive Job #: 38149
Oceanside, CA 92056 760-9664653 Cert #: 7004 1160 0003 4934 0242
PRELM11INARY 20-DAY NOTICE (PUBLIC WORK)
THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF
ANY CONTRACTOR OR SUBCONTRACTOR
TO THE OWNER OR REPUTED OWNER 1. The following is a general description of the labor,or
CITY OF VERNON materials furnished or to be furnished by the undersigned:
ATTN: BRUCE V MALKENHORST/CITY ADMIN
4305 SANTA FE AVE
VERNON, CA 90058
TO THE ORIGINAL OR REPUTED CONTRACTOR
RHINO CONSTRUCTION
2672 KEMPTON DRIVE
LOS ALAMITOS, CA 90720
(562)594-7466
TO THE LENDER, SURETY OR BONDING CO.
f
Bond / Loan #
Electrical Distribution
2. Estimated Price: $25,000.00
3. The name of the person who furnished that labor, service,
equipment or materials is:
One Source Distributors
Attn: Ms. Claudia Eisenbraun
3951 Oceanic Drive
Oceanside, CA 92056 760-966-4653
4. The name of the person who contracted for purchase of that
labor, service, equipment or material is:
RHINO CONSTRUCTION
2672 KEMPTON DRIVE
LOS ALANIITOS, CA 90720
5. The description of the jobsite is:
VERNON LIGHT & POWER 204-58 38149
2715 E 50TH STREET,
VERNON, CA 90058
6. Date Claimant first provided said labor, services, equipment or
materials:
7/13/2004
NOTICE TO PRIME OR GENERAL CONTRACTOR
THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR
SUBCONTRACTOR. THE UNDERSIGNED HAS ENTERED INTO A CONTRACT TO PERFORM LABOR OR FURNISH
MATERIALS FOR THE ABOVE -DESCRIBED PUBLIC PROJECT, AND WILL LOOK TO YOU AND YOUR SURETIES
FOR PAYMENT IF THE PERSON ORDERING SUCH MATERIALS AND LABOR FAILS TO PAY FOR THEM.
I declare that I am authorized to file this claim on behalf of the claimant. I have read the foregoing document and know the contents
thereof, the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at
Simi Valley, CA on 10/19/04 for One Source Distributors.
By: Miranda Buono / Lien Administrator
PROOF OF SERVICE BY MAIL AFFIDAVIT
I declare that I served a copy of the above document, and any related documents, by (as required by law) first-class, certified or
registered mail, postage prepaid, addressed to the above named parties, at the addresses listed above, on 10/19/04. I declare under
penalty of perjury that the foregoing is true and correct. Executed at Simi Valley, CA on 10/19/04.
By: ���" Miranda Buono / Lien Administrator
TO: DATE:
COMPANY: FAX:
FROM: CLAUDIA EISENBRAUN
DIRECT PH. 760-966-4675 NO. OF PAGES
INCLUDING COVER SHEET:
COMMENTS:
�E �LlM �Gti�r 0<rr- t'�E TNfS J6$ /,v.N
A �ctP7— &�je- Afibto
ADD TbFrs U�1�acJbiT/e,J� Gi�clA't- R"sr,.
Unconditional Waiver and Release
Upon Final Payment
The undersigned has been paid in full labor, services, equipment or material
furnished to Rhino Construction (You Customer) on the job of City. of Vernon (Owner)
located at Vernon Light & Power, 2715 E 5e Street, Vernon CA 90058 (Job
Description) and does hereby waive and release any right to a mechanic's lien, stop
notice, or any right against a labor and material bond on the job, except for disputed
claims for extra work in the amount of $no monies owed,.-,
(aignatur
Abx //jPV�r
(Title)
NOTICE TO PERSONS SIGNING THIS WAIVER: THIS DOCUMENT
WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU
HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS
DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT,
EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN
PAID USE A CONDITIONAL RELEASE FORM.