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Resolution No. 91011 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 RESOLUTION NO. 9101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. 1 TO THE AGREEMENT FOR MECHANICAL AND OPERATIONAL TECHNICAL SUPPORT BY AND BETWEEN THE CITY OF VERNON AND THOMASON MECHANICAL CORPORATION WHEREAS, on March 1, 2006, the City Council of the City of Vernon adopted Resolution No. 8977 approving and authorizing the execution of a Services Agreement (the "Agreement") with Thomason Mechanical Corporation ("Thomason") for on -site operational and mechanical technical support services for the period December 1, 2005 through June 30, 2006; and WHEREAS, the City of Vernon and Thomason desire to amend the Agreement to extend the term of the Agreement to June 30, 2007, to adjust the compensation to an amount not to exceed $200,000.00 and to modify the notification provisions; and WHEREAS, City staff have recommended that an amendment to the Agreement with Thomason be approved and executed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE: CITY OF VERNON AS FOLLOWS SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true land correct. SECTION 2: The City Council of the City of Vernon hereby approves Amendment No. 1 to the Agreement for Mechanical and Operational Technical Support with Thomason, in substantially the same form as the copy which is attached hereto as Exhibit A and r 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 incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor to execute said Amendment for, and on behalf of, the City of Vernon and the Acting City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby authorizes the Acting City Clerk, or his designee, to make whatever nonsubstantive, administrative and/or text changes, upon advice of counsel, to the Amendment. SECTION 5: The City Council of the City of Vernon hereby directs the Acting City Clerk, or his designee, to send one fully executed Amendment to: Thomason Mechanical Corporation Attn. Ed Davis 2150 E. 37th Street Vernon, CA 90058 SECTION 6: The Acting 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 2nd day of August, 2006. ATTEST: BRUCE LKENHORST, JR. Acting City Clerk EONIS C. MAL RG, Mayor - 2 - r 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, JR., Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9101, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, August 2, 2006, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE�V. LKENHORST, JR. Acting ity Clerk - 3 - EXHIBIT AMENDMENT NO. 1 TO THE AGREEMENT FOR MECHANICAL AND OPERATIONAL TECHNICAL SUPPORT This AMENDMENT NO. 1 ("Amendment") is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this day of July, 2006, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN CITY OF VERNON, a municipal corporation, hereinafter referred to as the "City" 4305 Santa Fe Avenue Vernon, California 90058 AND THOMASON MECHANICAL CORPORATION, an independent contractor, hereinafter referred to as the "Contractor' 2150 E. 37T" Street Vernon, CA 90058 RECITALS WHEREAS, the City finds it necessary to continue to retain the services of an independent contractor to perform on -site operational and mechanical technical support services for the Light & Power Department (the "Support Services"); and WHEREAS, Contractor has prepared a rate schedule for July 1, 2006 through June 30, 2007 for the Support Services, a copy of which is attached hereto as Exhibit A and incorporated herewith; and WHEREAS, Contractor has been performing said support services in an efficient and satisfactory manner and agrees to continue providing this service for the period July 1, 2006 through June 30, 2007; and WHEREAS, the City desires to amend the current contract extending the term an additional 12 months and, in accordance with the Rate Schedule (Exhibit A) for the period July 1, 2006 through June 30, 2007, adjust the compensation to a not to exceed cost of Two Hundred Thousand Dollars and No Cents ($200,000.00) and modifying the notification requirements. All other terms of the original agreement shall remain in full force & effect NOW, THEREFORE, IT IS AGREED TO AMEND THE AGREEMENT AS FOLLOWS: Page 1 of 3 SECTION 1. TERM OF CONTRACT 1.01. This Agreement will become effective July 1, 2006 and will continue in effect until June 30, 2007, or until terminated as provided in the original Agreement. SECTION 3. SUPPORT SERVICES TO BE PERFORMED BY CONTRACTOR Timing of Services 3.05. Contractor's Support Services shall commence on July 2, 2006 and shall end on June 30, 2007 unless this Agreement is extended according to the conditions and terms set forth in this Agreement or otherwise terminated according to Section 6 of this Agreement. SECTION 4. COMPENSATION 4.01. In consideration for the Support Services to be performed by Contractor, described in Section 3 of the original Agreement, City agrees to pay Contractor on a time -and -material basis a sum not to exceed Two Hundred Thousand Dollars and No Cents ($200,000.00) unless amended by written Change Order, approved by the City and fully executed by both parties. SECTION 7. GENERAL PROVISIONS Notices 7.01. Notices. All invoices shall be mailed via U.S. Postal Service to the following address: Vernon City Hall Att: Treasurer's Dept/Light & Power 4305 Santa Fe Avenue Vernon, CA 90058 All notices from Contractor with regard to any support services in conjunction with the daily operations of the Walburg Project" shall be addressed to: Vernon Power Plant Mr. Ervin Patterson, MGS Plant Manager 2715 E. 50th Street Vernon, CA 90058 All other notices pertaining to this Amendment No.1 and/or the Original Contract must be submitted to the following persons at the addresses so indicated: lim CITY: VERNON CITY HALL Attn: Bruce V. Malkenhorst, Jr., Acting City Clerk 4305 Santa Fe Avenue Vernon, CA 90058-0805 AND Vernon City Hall Att: Mr. Donal O'Callaghan, Director of Light & Power 4305 Santa Fe Avenue Vernon, CA 90058 CONTRACTOR: Thomason Mechanical Corporation Attn: Ed Davis, Manager 2150 E. 37t" Street Vernon, CA 90058 Fax: 310-639-8217 Telephone: 310-639-3523 IN WITNESS WHEREOF, the parties have executed the Agreement on the dates shown below. Executed at , California, on City of Vernon ATTEST: Name: Leonis C. Malburg, Mayor Bruce V. Malkenhorst, Jr., Acting City Clerk Date: Date: APPROVED AS TO FORM: Eric T. Fresch, City Attorney Contractor: Thomason Mechanical Corporation Name: Title: Date: Name: Title: Date: Page 3 of 3 EXHIBIT A 07/26/2006 08:17 FAX 323 826 1438 CITY CLERK'S OFFICE R007 WOOD CROUP Field Services, Inc. ComoraW 011iiew 2150 R 31'" Saner. Venom CA 90059 Tete xw 310 p9 23 Fsx 31a 63Q-8L 7 ww+�v woodaram-com Southern California Prevailing Rates Rfteetive July 1, 2006 through June 30 2007 Hourly Rates Strai t Time Overtime Double Time Classification Days is Da Wi Da s/Nights Jo=eyman MillwriOf 69.00 93.00 117.00 Foreman 73.00 100.00 126.00 General Foreman 78.00 106.00 134.00 Project er 82.00 113.00 143.00 Crane Operator/Certified Welder 70.00 95,00 120.00 8 Period Apprenfice 66.00 89.00 112.00 Period Apprentice 64.00 85.00 107.00 6 Period Apprentice 61.00 82.00 102.00 5 Period Apprentice 59.00 78.00 97.00 4 Period AWrentice 56.00 74.00 92.00 3w Period Apprentice 52.00 69.00 85.00 2" Period ApprentiSe 48.00 63.00 79.00 ISE period Apprentice 45.00 59,00 74.00 THESE RATES INCLUDE WAGES, BENAM% PAYROLL TAXES, WORMRS'' COMPENSATION, OVERHEAD, ALL TOOLS EXCEPT SPECIAL TOOLS AND EQUIPMENT, PRODUCT LIABILM, GENERAL AUTOMOTIVE LIABILITY AND ALL OTHER REQUIRED INSURANCES, )V) RNM AND TAXES THIS DOES NOT INCLUDE STATE SALES OR USE TAXES. APPRENTICES MAY BE USED ON ANY CREW CONSISTING OF AT LEAST THIOX MEN SUBJECT TO THEIR QUALIFICATIONS AND AVAILLA8II n Y. AN ADDITIONAL TEN DOLLARS 010.00) PER HOUR SHALL BE ADDED TO THE GENERAL I''OREMAN'S, FMD FORLMENS AND OUR DELIVERY TRUCK'S TO COVER THE COST OF TRUCK, MAINTENANCE AND FUEL. OVERTIME SHALL BE CHARGED FOR ALL WORTS OVER EIGIIT (8) HOURS A DAY UP TO 12 HOU'IES AND FOR ALL WORN PERFORMED ON SATURDAYS UP TO 8 HOURS IF 4-10 HOUR DAYS ARE WORKED, OVERTIME WILL BE CHARGED FOR ALL WORK PERFORMED AFTER 10 HOURS PER DAY UP TO 12 HOURS AND ALL HOURS WORKED ON FZMAYS UP TO 12 HOB OR SATURDAYS UP TO SHOUR& THIS ONLY APPLIES WREN A, FULL (MONDAY-THURSDAY) 410 HOUR SOUEDULE IS WORKED, OTSMWM THE STANDARD OVERTIME RATE .AFTER 8 HOURS WOULD APPLY UP TO 12 HOURS, DOUBLE TIME SHALL BE CHARGED FOR ALL WORK PERFORMED MONDAY THROUGH FRI)RAY AI? M 12 HOURS, ON SATURDAY'S AFTER 8 HOURS ON SUNDAYS OR THB FOLLOWING DESIGNATED HOLIDAYS: NEW YEARS DAY, MARTIN LUTHER K1NG'S DAY, MEMORML DAY, VETEBANS DAY, INDEPRNOENCE DAY, LABOR DAY, TRANKSGIVWG DAY, THE DAY AFTER THANKSGIVING DAY AND CE RISTMAS DAY TRAVEL TIME FOR EMPLOYEES wi LL BIy CHARGED ON A STRAIGHT Tom B.Asts FOR ACTUAL HOURS TRAVELED IF APPLICABLE PLUS M CENTS PER MILE. TRANSPORTATION AND TRAVEL EXPENSES WILL BE CH.ARGIM AT COST IF APPLICABLIL 07/26/2006 08:17 FAX 323 826 1438 CITY CLERK'S OFFICE RJ008 n_ WOOD GROUP Field Services, Inc. C V ca9oo 8 1 SUBSISTENCE FOR LAIR 'WILL RE CHARGED AT ma RATE OF 5Moo PER DAY, PIR MAN WHEN APPLICAKK HOTEL COSTS AND PER DIEM ARE INCM)RD IN THIS CHARG L THERE SHAU BE A MINDUrarr ]FOUR-HOUR COARON PER PERSON AT THE AkP'LICABLE RATE POR SHOW -UP TOM WHETHER WORK IS PERDOMED OR NOT THERE SHALL BE A AMIN1Il MM EIGM HOUR CHARGE PER PERSON AT THE APPLICABLE RATE IF THEY WORK MORE THAN FOUR HOURS ALL ADDITIONAL MATERIALS RENTALS, FREIGHT AND 3RD PARTY SUBCONTRACTS SHALL HAVE A FHf TEEN PERCENT ('15°/a) HANDLING CHARGE ALL WORK IS TO BE PERFORMItD USING WOOD GROUP)FVJD SERVICES STANDARD CONTRACT TP•RMS AND CONDMONS UNLESS OTHER MUTUALLY AGREED TO 'PERMS AND CONDITIONS ARE NEGOTIATED TERMS: NET 30 DAY ConftdentiaW optlemry (Ircl INTEROFFICE 4MEMORANDUM W 0 ^-' Light & Power Department DATE: July 20, 2006 TO: Bruce V. Malkenhorst, Jr., Assistant City Attorney/Acting City Clerk FROM: Donal O'Callaghan; Director of Light & Power SUBJECT: Power Plant Continued Operational, Mechanical & Technical Support I 1 n 1 ES . The Finance Committee approved a contract for "Services Agreement" with Thomason Mechanical Corporation on January 24, 2006 and the City Council subsequently approved the Agreement in March 2006. The agreement was for services commencing December 1, 2005 through June 30, 2006 for the performance of on -site operation, mechanical and technical support services. The Light & Power Department continues to need the support services of an independent contractor and it is hereby recommended that the present agreement be amended to extend the term 12 months, to June 30, 2007, and increasing the sum of the contract in an amount not to exceed $200,000.00. In addition to this amendment it is also recommended that the agreement be amended to correct any inconsistencies with today's operations. The attached copy of the current agreement identifies the necessary changes. If you have any questions or would like more information regarding this matter please do not hesitate to contact me. /gjo c: A. Baldere L & P Document Control L & P A/P File CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 4305 Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 July 20, 2006 VIA Federal Express Thomason Mechanical Corporation 2150 E. 37th Street Vernon, CA 90058 ATT: Mr. Ed Davis Dear Ed: SOL BENUDIZ Police Chief MARK C. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH Acting City Treasurer Per my e-mail of earlier this morning I am forwarding herewith duplicate originals of the proposed Amendment No. 1 to the original TMC agreement approved on March 1, 2006. If this amendment meets with your approval please have both documents executed by authorized representatives of Thomason Mechanical and return both to me as soon as possible. Once the agreement has been approved by City Council and verification of insurance has been made you will receive one fully executed original agreement for your records. If you have any questions please do not hesitate to contact me. cc: A. Baldere (via e-mail) D. O'Callaghan (via e-mail) L & P Document Control L & P A/P Contract File Very truly yours, City of Ve on - Light & Power Dpaoment Gloria J. Orosco Special Asst to the`City Administrator 'Exclu#ivety jubu#trial Page 1 of 2 Tolmasoff, Robin From: Jeff Harrison [Jharrison@karnskarabian.com] Sent: Tuesday, July 18, 2006 9:13 AM To: Baldere, Anthony Subject: RE: TMC & Hill Brothers Amendments Tony, The Amendment No. 1 to the Agreement for Mechanical and Operational Technical Support for Thomason Mechanical Corporation is approved as to form. Please call me when you have a moment so that we may discuss Amendment No. One to the Ammonia Delivery Purchase Contract for Hill Brothers Chemical Company. Thank you. Jeff A. Harrison, Esquire Karns & Karabian 900 Wilshire Boulevard, Suite 530 Los Angeles, California 90017 (213) 680-9522 Fax (213) 627-3602 This e-mail, including attachments, contains information that is confidential and may be protected by the attorney/client or other privileges. This e-mail, including attachments, constitutes non-public information intended to be conveyed only to the designated recipient (s). If you are not an intended recipient, please delete this e-mail, including attachments, and notify me. The unauthorized use, dissemination, distribution or reproduction of this e- mail, including attachments, is prohibited and may be unlawful. From: Baldere, Anthony[maiIto: ABaldere@ci.vernon.ca. us] Sent: Monday, July 17, 2006 10:16 AM To: Harrison, Jeff Subject: RE: TMC & Hill Brothers Amendments Not a problem sir ... Thank you for your quick reply. believe they are attached to the below e-mail. Let me know if you need anything else ... Tony 7/20/2006 AMENDMENT NO.1 TO THE AGREEMENT FOR MECHANICAL AND OPERATIONAL TECHNICAL SUPPORT This AMENDMENT NO. 1 ("Amendment") is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this day of July, 2006, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN CITY OF VERNON, a municipal corporation, hereinafter referred to as the "City" 4305 Santa Fe Avenue Vernon, California 90058 AND THOMASON MECHANICAL CORPORATION, an independent contractor, hereinafter referred to as the "Contractor" 2150 E. 37T" Street Vernon, CA 90058 RECITALS WHEREAS, the City finds it necessary to continue to retain the services of an independent contractor to perform on -site operational and mechanical technical support services for the Light & Power Department (the "Support Services"); and WHEREAS, Contractor has prepared a rate schedule for July 1, 2006 through June 30, 2007 for the Support Services, a copy of which is attached hereto as Exhibit A and incorporated herewith; and WHEREAS, Contractor has been performing said support services in an efficient and satisfactory manner and agrees to continue providing this service for the period July 1, 2006 through June 30, 2007; and WHEREAS, the City desires to amend the current contract extending the term an additional 12 months and, in accordance with the Rate Schedule (Exhibit A) for the period July 1, 2006 through June 30, 2007, adjust the compensation to a not to exceed cost of Two Hundred Thousand Dollars and No Cents ($200,000.00) and modifying the notification requirements. All other terms of the original agreement shall remain in full force & effect NOW, THEREFORE, IT IS AGREED TO AMEND THE AGREEMENT AS FOLLOWS: SECTION 1. TERM OF CONTRACT Pagel of 3 1.01. This Agreement will become effective July 1, 2006 and will continue in effect until June 30, 2007, or until terminated as provided in the original Agreement. SECTION 3. SUPPORT SERVICES TO BE PERFORMED BY CONTRACTOR Timing of Services 3.05. Contractor's Support Services shall commence on July 2, 2006 and shall end on June 30, 2007 unless this Agreement is extended according to the conditions and terms set forth in this Agreement or otherwise terminated according to Section 6 of this Agreement. SECTION 4. COMPENSATION 4.01. In consideration for the Support Services to be performed by Contractor, described in Section 3 of the original Agreement, City agrees to pay Contractor on a time -and -material basis a sum not to exceed Two Hundred Thousand Dollars and No Cents ($200,000.00) unless amended by written Change Order, approved by the City and fully executed by both parties. SECTION 7. GENERAL PROVISIONS Notices 7.01. Notices. All invoices shall be mailed via U.S. Postal Service to the following address: Vernon City Hall Att: Treasurer's Dept/Light & Power 4305 Santa Fe Avenue Vernon, CA 90058 All notices from Contractor with regard to any support services in conjunction with the daily operations of the Walburg Project" shall be addressed to: Vernon Power Plant Mr. Ervin Patterson, MGS Plant Manager 2715 E. 50"' Street Vernon, CA 90058 All other notices pertaining to this Amendment No.1 and/or the Original Contract must be submitted to the following persons at the addresses so indicated: Page 2 of 3 CITY: VERNON CITY HALL Attn: Bruce V. Malkenhorst, Jr., Acting City Clerk 4305 Santa Fe Avenue Vernon, CA 90058-0805 AND Vernon City Hall Att: Mr. Donal O'Callaghan, Director of Light & Power 4305 Santa Fe Avenue Vernon, CA 90058 CONTRACTOR: Thomason Mechanical Corporation Attn: Ed Davis, Manager 2150 E. 371h Street Vernon, CA 90058 Fax: 310-639-8217 Telephone: 310-639-3523 IN WITNESS WHEREOF, the parties have executed the Agreement on the dates shown below. Executed at , California, on CITY OF VERNON Name: Leonis C. Malburg, Mayor Date: APPROVED AS TO FORM: Eric T. Fresch, City Attorney CONTRACTOR: Thomason Mechanical Corporation Name: Title: Date: Name: Title: Date: ATTEST: Bruce V. Malkenhorst, Jr., Acting City Clerk Date: Page 3 of 3 WOOD GROUP Field Services, Inc. Corporate Office: 2150 E 37 h Street. Vanm CA 90059 Tekyhow 310-639-3523 Fax 310-639-8217 www.woodmup.com Southern California Prevailing Rates Effective July 1, 2006 through June 30 2007 Hourly Rates Straight Time Overtime Double Time Classification Days/Nights Days/Nights Days/Nights Journe an Millwright 69.00 93.00 117.00 Foreman 73.00 100.00 126.00 General Foreman 78.00 106.00 134.00 Project Manager 82.00 113.00 143.00 Crane Operator/Certified Welder 70.00 95.00 120.00 r Period Apprentice 66.00 89.00 112.00 7 Period Apprentice 64.00 85.00 107.00 e Period Apprentice 61.00 82.00 102.00 5 Period Apprentice 59.00 78.00 97.00 4 Period Apprentice 56.00 74.00 92.00 3 Period Apprentice 52.00 69.00 85.00 26d Period Apprentice 48.00 63.00 79.00 1 St period Apprentice 45.00 59.00 74.00 THESE RATES INCLUDE WAGES, BENEFITS, PAYROLL TAXES, WORKERS' COMPENSATION, OVERHEAD, ALL TOOLS EXCEPT SPECIAL TOOLS AND EQUIPMENT, PRODUCT LIABILITY, GENERAL AUTOMOTIVE LIABILITY AND ALL OTHER REQUIRED INSURANCES, PERMITS AND TAXES THIS DOES NOT INCLUDE STATE SALES OR USE TAXES APPRENTICES MAY BE USED ON ANY CREW CONSISTING OF AT LEAST THREE MEN SUBJECT TO THEIR QUALIFICATIONS AND AVAILABILITY. AN ADDITIONAL TEN DOLLARS ($10 00) PER HOUR SHALL BE ADDED TO THE GENERAL FOREMAN'S, FIELD FOREMEN'S AND OUR DELIVERY TRUCK'S TO COVER THE COST OF TRUCK, MAINTENANCE AND FUEL. OVERTIME SHALL BE CHARGED FOR ALL WORK OVER EIGHT (8) HOURS A DAY UP TO 12 HOURS AND FOR ALL WORK PERFORMED ON SATURDAYS UP TO 8 HOURS IF 4-10 HOUR DAYS ARE WORKED, OVERTIME WILL BE CHARGED FOR ALL WORK PERFORMED AFTER 10 HOURS PER DAY UP TO 12 HOURS AND ALL HOURS WORKED ON FRIDAYS UP TO 12 HOURS OR SATURDAYS UP TO 8HOURS THIS ONLY APPLIES WHEN A FULL (MONDAY-THURSDAY) 4-10 HOUR SCHEDULE IS WORKED, OTHERWISE THE STANDARD OVERTIME RATE AFTER 8 HOURS WOULD APPLY UP TO 12 HOURS DOUBLE TID4E SHALL BE CHARGED FOR ALL WORK PERFORMED MONDAY THROUGH FRIDAY AFTER 12 HOURS, ON SATURDAY'S AFTER 8 HOURS ON SUNDAYS OR THE FOLLOWING DESIGNATED HOLIDAYS. NEW YEARS DAY, MARTIN LUTHER KINGS DAY, MEMORIAL DAY, VETERANS DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING DAY AND CHRISIXAS DAY TRAVEL TIME FOR EMPLOYEES WILL BE CHARGED ON A STRAIGHT TIME BASIS FOR ACTUAL HOURS TRAVELED IF APPLICABLE PLUS .35 CENTS PER MILE. TRANSPORTATION AND TRAVEL EXPENSES WILL BE CHARGED AT COST IF APPLICABLE. WOOD GROUP Field Services, Inc. Coraorate Office: 2150 E 37'b Street. Vernon, CA 90058 Telephone 310-639-3523 Fax 310-639-8217 www.woodarouR.com SUBSISTENCE FOR LABOR WILL BE CHARGED AT THE RATE OF $125.00 PER DAY, PER MAN WHEN APPLICABLE. HOTEL COSTS AND PER DIEM ARE INCLUDED IN THIS CHARGE. THERE SHALL BE A NE[NEVR M FOUR-HOUR CHARGE PER PERSON AT THE APPLICABLE RATE FOR SHOW UP TIME WHETHER WORK IS PERFORMED OR NOT. THERE SHALL BE A MINIMUM EIGHT -HOUR CHARGE PER PERSON AT THE APPLICABLE RATE IF THEY WORK MORE THAN FOUR HOURS ALL ADDITIONAL MATERIALS, RENTALS, FREIGHT AND 3RD-PARTY SUBCONTRACTS SHALL HAVE A FIFTEEN PERCENT (15%) HANDLING CHARGE ALL WORK IS TO BE PERFORMED USING WOOD GROUP FIELD SERVICES STANDARD CONTRACT TERMS AND CONDITIONS UNLESS OTHER MUTUALLY AGREED TO TERMS AND CONDITIONS ARE NEGOTIATED TERMS: NET 30 DAY ConfidentiaUProprietary AMENDMENT NOA TO THE AGREEMENT FOR MECHANICAL AND OPERATIONAL TECHNICAL SUPPORT This AMENDMENT NO. 1 ("Amendment") 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 I sr day of July,,2006, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN CITY OF VERNON, a municipal corporation, hereinafter referred to as. the "City" 4305 Santa Fe Avenue Vernon, California 90058 AND THOMASON MECHANICAL CORPORATION, an independent contractor, hereinafter referred to as the "Contractor" 2150 E. 37T" Street Vernon, CA 90058 RECITALS WHEREAS, the City finds it necessary to continue to retain the services of an independent contractor to perform on -site operational and mechanical technical support services for the Light & Power Department (the "Support Services"); and WHEREAS, Contractor has prepared a rate schedule for July 1, 2006 through June 30, 2007 for the Support Services, a copy of which is attached hereto as Exhibit A and incorporated herewith; and WHEREAS, Contractor has been performing said support services in an efficient and satisfactory manner and agrees to continue providing this service for the period July 1, 2006 through June 30, 2007; and WHEREAS, the City desires to amend the current contract extending the term an additional 12 months and, in accordance with the Rate Schedule (Exhibit A) for the period July 1, 2006 through June 30, 2007, adjust the compensation to a not to exceed cost of Two Hundred Thousand Dollars and No Cents ($200,000.00) and modifying the notification requirements. All other terms of the original agreement shall remain in full force & effect NOW, THEREFORE, IT IS AGREED TO AMEND THE AGREEMENT AS FOLLOWS: SECTION 1. TERM OF CONTRACT Pagel of 3 1.01. This Agreement will become effective July 1, 2006 and will continue in effect until June 30, 2007, or until terminated as provided in the original Agreement. SECTION 3. SUPPORT SERVICES TO BE PERFORMED BY CONTRACTOR Timing of Services 3.05. Contractor's Support Services shall commence on July 1, 2006 and shall end on June 30, 2007 unless this Agreement is extended according to the conditions and terms set forth in the original Agreement or otherwise terminated according to Section 6 of the original Agreement. SECTION 4. COMPENSATION 4.01. In consideration for the Support Services to be performed by Contractor, described in Section 3 of the original Agreement, City agrees to pay Contractor on a time -and -material basis a sum not to exceed Two Hundred Thousand Dollars and No Cents ($200,000.00) unless amended by written Change Order, approved by the City and fully executed by both parties. SECTION 7. GENERAL PROVISIONS Notices 7.01. Notices. All invoices shall be mailed via U.S. Postal Service to the following address: Vernon City Hall Att: Treasurer's Dept/Light & Power 4305 Santa Fe Avenue Vernon, CA 90058 All notices from Contractor with regard to any support services in conjunction with the daily operations of the Walburg Project" shall be addressed to: Vernon Power Plant Mr_ Ervin Patterson, MGS Plant Manager 2715 E. 5d' Street Vernon, CA 90058 All other notices pertaining to this Amendment No.1 and/or the Original Contract must be submitted to the following persons at the addresses so indicated: Page 2 of 3 CITY: VERNON CITY HALL Attn: Bruce V. Malkenhorst, Jr., Acting City Clerk 4305 Santa Fe Avenue Vernon, CA 90058-0805 AND Vernon City Hall Att: Mr. Donal O'Callaghan, Director of Light & Power 4305 Santa Fe Avenue Vernon, CA 90058 CONTRACTOR: Thomason Mechanical Corporation Attn: Ed Davis, Manager 2150 E. 37t" Street Vernon, CA 90058 Fax: 310-639-8217 Telephone: 310-639-3523 IN WITNESS WHEREOF, the parties have executed the Agreement on the dates shown below. Executed at VCVtitJot�, , California, on 2006. CITY OF VERNON Nifm4eonis C. Malb rg, Mayof- Date: APPROVED AST FORM: Eric T. Fre ch, City Attorney CONTRACTOR: Thomason _Met nical Corporation Signat re: Name print): Title: s�o �- Date: 7 I z410G Signature: Name (prii Title: L"E Dater ATTEST:Z.... Bruce V. Malkenhorst, Jr., Acting City Clerk Date: Page 3 of 3 WOOD GROUP Field Services, Inc. Corporate Office: 2150 E 37t' Street, Vernon. CA 90058 Telephone 310-639-3523 Fax 310-639-8217 www.woodg 20-2om Southern California Prevailing Rates Effective July 1, 2006 through June 30 2007 Hourly Rates Straight Time Overtime Double Time Classification Days/Nights Days/Nights Days/Nights Journeyman Millwright 69.00 93.00 117.00 Foreman 73.00 100.00 126.00 General Foreman 78.00 106.00 134.00 Project Manager 82.00 113.00 143.00 Crane Operator/Certified Welder 70.00 95.00 120.00 8th Period Apprentice 66.00 89.00 112.00 7 Period Apprentice 64.00 85.00 107.00 6 Period Apprentice 61.00 82.00 102.00 5 Period Apprentice 59.00 78.00 97.00 e Period Apprentice 56.00 74.00 92.00 3 Period Apprentice 52.00 69.00 85.00 P6­Period Apprentice 48.00 63.00 79.00 1stperiod Apprentice 45.00 59.00 74.00 THESE RATES INCLUDE WAGES, BENEFITS, PAYROLL TAXES, WORKERS' COMPENSATION, OVERHEAD, ALL TOOLS EXCEPT SPECIAL TOOLS AND EQUIPMENT, PRODUCT LIABILITY, GENERAL AUTOMOTIVE LIABILITY AND ALL OTHER REQUIRED INSURANCES, PERMITS AND TAXES. THIS DOES NOT INCLUDE STATE SALES OR USE TAXES. APPRENTICES MAY BE USED ON ANY CREW CONSISTING OF AT LEAST THREE MEN SUBJECT TO THEIR QUALIFICATIONS AND AVAILABILITY. AN ADDITIONAL TEN DOLLARS ($10.00) PER HOUR SHALL BE ADDED TO THE GENERAL FOREMAN'S, FIELD FOREMEN'S AND OUR DELIVERY TRUCK'S TO COVER THE COST OF TRUCK, MAINTENANCE AND FUEL. OVERTM SHALL BE CHARGED FOR ALL WORK OVER EIGHT (8) HOURS A DAY UP TO 12 HOURS AND FOR ALL WORK PERFORMED ON SATURDAYS UP TO 8 HOURS. IF 4-10 HOUR DAYS ARE WORKED, OVERTEM WELL BE CHARGED FOR ALL WORK PERFORMED AFTER 10 HOURS PER DAY UP TO 12 HOURS AND ALL HOURS WORKED ON FRIDAYS UP TO 12 HOURS OR SATURDAYS UP TO 8HOURS. THIS ONLY APPLIES WHEN A FULL (MONDAY-THURSDAY) 4-10 HOUR SCHEDULE IS WORKED, OTHERWISE THE STANDARD OVERTIME RATE AFTER 8 HOURS WOULD APPLY UP TO 12 HOURS. DOUBLE TIME SHALL BE CHARGED FOR ALL WORK PERFORMED MONDAY THROUGH FRIDAY AFTER 12 HOURS, ON SATURDAY'S AFTER 8 HOURS ON SUNDAYS OR THE FOLLOWING DESIGNATED HOLIDAYS: NEW YEARS DAY, MARTIN LUTHER KING DAY, MEMORIAL DAY, VETERANS .DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING- DAY, THE DAY AFTER THANKSGIVING DAY AND CHRISTMAS DAY TRAVEL TIME FOR EMPLOYEES WILL BE CHARGED ON A STRAIGHT TIME BASIS FOR ACTUAL HOURS TRAVELED IF APPLICABLE PLUS .35 CENTS PER MILE. TRANSPORTATION AND TRAVEL EXPENSES WILL BE CHARGED AT COST IF APPLICABLE. WOOD GROUP Field Services, Inc. Corporate Office: 2150 E 37�h Street Vernon, CA 90058 Telephone 310.639-3523 Fax 310-639-8217 www.woodgroup.com SUBSISTENCE FOR LABOR WILL BE CHARGED AT THE RATE OF $125.00 PER DAY, PER MAN WHEN APPLICABLE. HOTEL COSTS AND PER DIEM ARE INCLUDED IN THIS CHARGE. THERE SHALL BE A MINIMUM FOUR-HOUR CHARGE PER PERSON AT THE APPLICABLE RATE FOR SHOW UP TIME WHETHER WORK IS PERFORMED OR NOT. THERE SHALL BE A MINIMUM EIGHT -HOUR CHARGE PER PERSON AT THE APPLICABLE RATE IF THEY WORK MORE THAN FOUR HOURS. ALL ADDITIONAL MATERIALS, RENTALS, FREIGHT AND 3RD-PARTY SUBCONTRACTS SHALL HAVE A FIFTEEN PERCENT (15%) HANDLING CHARGE ALL WORK IS TO BE PERFORMED USING WOOD GROUP FIELD SERVICES STANDARD CONTRACT TERMS AND CONDITIONS UNLESS OTHER MUTUALLY AGREED TO TERMS AND CONDITIONS ARE NEGOTIATED TERMS: NET 30 DAY Confidential/Proprietary CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: August 17, 2006 TO: Donal 0' Callaghan, Director of Light & Power FROY/-q Nelly Giron, Deputy City Clerk RE: Resolution No. 9101 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. 1 to the Agreement for Mechanical and Operational Technical Support By and Between the City of Vernon and Thomason Mechanical Corporation Transmitted herewith is a copy of Resolution No. 9101, referenced above, which was approved by City Council on August 2, 2006, along with a one signed original of the amendment for your transmittal. Thank you. NG:dr c: Dolores Jaunzemis Resolution No. 9101 Agreement 06-088