Resolution No. 2010-114RESOLUTION NO. 2010-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT WITH JM CREW, INC., D.B.A. RHINO
CONSTRUCTION SERVICES FOR ELECTRICAL WORK RELATED
TO THE LEONIS SUBSTATION 7KV GROUND FAULT DETECTION
PROJECT
WHEREAS, the City of Vernon ("City") is a chartered
municipal corporation of the State of California that owns and
operates a system for the generation, purchase, transmission,
distribution and sale of electric capacity and energy; and
WHEREAS, the City desires to obtain the services of a
qualified contractor to provide the labor, tools and materials
necessary to complete electrical work related to the Leonis Substation
7KV ground fault detection project (the "Services"); and
WHEREAS, the Interim Director of Light & Power has
determined that JM Crew, Inc., d.b.a. Rhino Construction Services
("Rhino Construction") is qualified and capable of providing the
Services; and
WHEREAS, by memo dated August 4, 2010, the Interim Director
of Light & Power recommends the City enter into an agreement setting
forth the terms and conditions under which Rhino Construction will
provide the Services (the "Agreement"); and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (b)(1) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into an agreement with Rhino Construction to
provide the electrical work and specialized equipment required for the
Leonis Substation 7KV ground fault detection project.
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 does
hereby find and determine that the recitals contained(hereinabove are
true and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement, a copy of which is attached hereto as
Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute the Agreement for,
and on behalf of, the City of Vernon and the City Clerk, or Deputy
City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this resolution and the
transactions herein approved or authorized.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a fully
executed Agreement to Rhino Construction.
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SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 16th day of August, 2010.
ATTEZT:
WillArd G."Y6irroLi i,�qity Clerk
� &- �-- "I A-2� - �-,
Name:
Hilario Gonzales
Title: Mayor /—MaTo 7ro-1e�
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2010-114, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Monday, August 16, 2010, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this -1- day of August, 2 10, at Vernon, California.
illard G. a ag i, City Clerk
(SEAL)
H
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EXHIBIT A
AGREEMENT BETWEEN THE CITY OF VERNON AND JM
CREW, INC. FOR ELECTRICAL WORK RELATED TO LEONIS
SUBSTATION 7 KV GROUND FAULT DETECTION
COVER PAGE
Name of Contractor: JM Crew, Inc. dba Rhino Construction
Services
Responsible Principal of Contractor. Jennifer Megorden
Notice Information - Contractor: JM Crew, Inc.
2672 Kempton Drive
Los Alamitos, California 90720
Attention: James Megorden
Phone: (562) 594-7466
Facsimile: (562) 594-7460
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Ali Nour, P.E.
Engineering Manager
Telephone: (323) 583-8811 ext 316
Facsimile: (323) 585-1458
Commencement Date: September 1, 2010
Termination Date: April 30, 2011, unless extended pursuant to
Section 2
Consideration: $165,000.00, as more particularly described
in Exhibit B
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AGREEMENT BETWEEN THE CITY OF VERNON AND JM
CREW, INC. FOR ELECTRICAL WORK RELATED TO LEONIS
SUBSTATION 7 KV GROUND FAULT DETECTION
THIS AGREEMENT is made as of , 2010 (the "Effective Date"), by
and between the City of Vernon, a California charter City and California municipal corporation
("City"), and JM Crew, Inc. dba Rhino Construction Services, a California corporation
("Contractor").
RECITALS
A. City desires to obtain the services of a Contractor to perform electrical work as
described in Exhibit A ("Scope of Work" or "Project").
B. Contractor represents that it is licensed, qualified and able to perform the
services.
NOW, THEREFORE, the parties agree as follows:
Section 1. Contractor's Services. Contractor shall perform and complete in good
and workmanlike manner the Scope of Work described in Exhibit A in a manner satisfactory to
City. Contractor shall be responsible for the professional quality, technical accuracy, and
coordination of work performed under this Agreement and without additional compensation shall
correct, revise or otherwise remedy any defect or deficiency in work identified as complete by
Contractor and delivered to City.
Section 2. Time of Performance. Contractor shall commence its services under this
Agreement upon the Commencement Date set forth on the Cover Page or upon -receipt of a
written notice to proceed from City, whichever is sooner. Contractor shall perform the services
on or by the Termination Date set forth on the Cover Page. The period of time between the date
services are to commence, and the Termination Date, is the Time of Performance.
Section 3. Compensation. City agrees to compensate Contractor for the services
and/or goods provided under this Agreement, and Contractor agrees to accept in full satisfaction
for such services, the sum indicated as Consideration on the Cover Page to this Agreement, as
more particularly described in Exhibit B.
Section 4. Method of Payment. City shall pay Contractor said Consideration in
accordance with the method and schedule of payment set forth in Exhibit B.
(a) If City fails to make any progress payment within 30 days after receipt of
an undisputed and properly submitted payment request from Contractor, City shall pay interest
to Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the
Code of Civil Procedure. For purposes of this section, a "progress payment" includes all
payments due Contractor, except that portion of the final payment designated by this Agreement
as retention earnings.
(b) Upon receipt of a payment request, City shall review it as soon as
practicable after receipt for the purpose of determining that the payment request is a proper
payment request.
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(c) . Any payment request determined not to be a proper payment request
suitable for payment shall be returned to Contractor as soon as practicable, but not later than
seven days, after receipt. A request returned pursuant to this subsection shall be accompanied
by a document setting forth in writing the reasons why the payment request is not proper.
(d) The number of days available to a City to make a payment without
incurring interest pursuant to this section shall be reduced by the number of days by which City
exceeds the seven-day return requirement set forth in subsection (c) of this section.
Section 5. Close Out. Prior to final payment, Contractor will be required to complete
a close-out form certifying that all work has been completed and releasing City (and any other
party owning property with respect to which Contractor performed services hereunder) from all
further obligations and liabilities.
Section 6. Independent Contractor. Contractor is and shall at all times remain, as to
City, a wholly independent Contractor. Neither City nor any of its agents shall have control over
the conduct of Contractor or any of Contractor's employees, except as herein set forth.
Contractor shall not, at any time, or in any manner, represent that it or any of its agents or
employees are in any manner agents or employees of City.
Section 7. Assignment. This Agreement shall not be assigned in whole or in part by
Contractor without the prior written approval of City. Any attempt by Contractor to so assign or
subcontract this Agreement or any rights, duties or obligations arising hereunder shall be void
and of no effect. In the event City grants written approval to Contractor to subcontract work
under this Agreement, Contractor is prohibited from using a subcontractor who is ineligible to
perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
Section 8. Responsible Principal(s).
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for Contractor's obligations under this Agreement and shall serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City's Responsible Principal shall be the City Administrator or his designee
set forth on the Cover Page who shall administer the terms of the Agreement on behalf of City.
Section 9. Personnel. Contractor represents that it has, or shall secure at its own
expense, all personnel required to perform Contractor's services under this Agreement All
personnel engaged in the work shall be qualified to perform such work
Section 10. Changes to the Scope of Work.
(a) City may at any time by a written order, and without notice to third parties,
make changes within the general Scope of Work. If any such change causes an increase or
decrease in the cost of, or the time required for, the performance of any part of the work under
this Agreement, whether changed or not changed by any such order, an equitable adjustment
shall be made in price or delivery, or both, and this Agreement shall be modified in writing
accordingly. Nothing in this subsection shall excuse Contractor from proceeding with the work
as changed.
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(b) No change is authorized unless signed by City's Responsible Principal.
Changes made by Contractor without written authorization shall be made at the sole risk of
Contractor, there being no recourse against City.
Section 11. Technical Materials. City reserves all rights to designs, drawings,
blueprints, tools, dies, patterns, plates or other technical materials furnished or paid for by City,
and Contractor shall use such materials in strict confidentiality and shall return the same to City
at its request upon completion or termination of this Agreement. Contractor shall not copy or
otherwise use any such materials for any purposes other than the completion of this Agreement.
Contractor shall keep confidential and not disclose to others all other matters which have been
made available by City in confidence or which reasonably can be regarded as sensitive or
confidential in nature.
Section 12. Records, Inspection And Audit. During the course of work being
performed pursuant to this Agreement, Contractor and any of its subcontractors, shall maintain
and retain, not less than three (3) years after Termination Date, complete and accurate records
of the Contractor's costs which are chargeable to the City under this Agreement. City or its
designated, authorized representatives, shall have the right during this three (3) year period,
upon written reasonable notice, to inspect and audit those records. Such records to be
maintained and retained by the Contractor shall include: (a) payroll record accounting for the
total time distribution of the Contractor's employees working full or part time on the work (to
permit tracing to payroll payments in cash); (b) invoices for purchases, receiving and issuing
documents, and all the other unit -inventory records for the Contractor's stores, stock or capital
items; (c) paid invoices and canceled checks for material purchased and for the subcontractor's
and any other third parties' charges; and (d) any other documentation City deems necessary to
support costs and charges under this Agreement.
Section 13. Interests of Contractor. Contractor affirms that it presently has no interest
and shall not have any interest, direct or indirect, which would conflict in any manner with the
performance of the services contemplated by this Agreement. No person having any such
interest shall be employed by or be associated with Contractor.
Section 14. Insurance.
(a) Contractor shall at all times during the term of this Agreement carry, maintain,
and keep in full force and effect, a policy or policies of Comprehensive General Liability
Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
(b) Contractor shall at all times during the term of this Agreement cant', maintain,
and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
Insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor or Contractor's officers, employees, or agents in performing the services required by
this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance of
work under this Agreement workers' compensation insurance as required by law.
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(d) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(e) ` The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+;VII in the latest
edition of Best's Insurance Guide.
(f) Contractor agrees.that if it does not keep the aforesaid insurance in full force
and effect City may either immediately terminate this Agreement or, if insurance is available at a
reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense,
the premium thereon.
(g) At all times during the term of this Agreement, Contractor and all sub-
contractors shall maintain on file with the Risk Manager a certificate or certificates of insurance
showing that the aforesaid policies are in effect in the required amounts. Contractor and all sub-
contractors shall, prior to commencement of work under this Agreement, file with the Risk
Manager such certificate or certificates. The policies of insurance required by this Agreement
shall contain an endorsement naming the City as an additional insured. All of the policies
required under this Agreement shall contain an endorsement providing that the policies cannot
be canceled or reduced except on thirty (30) days prior written notice to City, and specifically
stating that the coverage contained in the policies affords insurance pursuant to the terms and
conditions as set forth in this Agreement.
(h) The insurance provided by Contractor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers,
employees, or agents shall be in excess of Contractor's insurance and shall not contribute to it.
The policies of insurance required by this Agreement shall include provisions for waiver of
subrogation against City.
(i) Any deductibles or self -insured retentions must be declared to and approved
by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -
insured retentions with respect to City, or Contractor shall procure a bond guaranteeing
payment of losses and expenses.
Section 15, Indemnification. To the fullest extent permitted by law, Contractor agrees
to defend, indemnify .and hold harmless City, and its elected officials, officers, agents,
employees, and volunteers from any and all claims, suits, actions, demands, damages,
liabilities, expenses, judgments, settlements, penalties, losses, fines, and all costs and
expenses incurred in connection. therewith, including without limitation, interest, reasonable
attorney's fees and all costs of defense, arising out of, resulting from, connected with or
attributable to the Intentional, reckless, negligent, or otherwise wrongful acts, errors, or
omissions of Contractor or its employees or agents in the performance of this Agreement~
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL
BE GIVEN THE BROADEST POSSIBLE INTERPRETATION, AND SHALL SURVIVE THE
EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
The obligations in this Section are in addition to Contractor's duty to provide insurance
and shall not be limited by any limitation on the amount or type of insurance coverage carried by
Contractor.
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Section 16. Termination.
(a) City shall have the right to terminate this Agreement for any reason or for no
reason upon five (5) days written notice to Contractor. Contractor agrees to cease all work
under this Agreement on or before the effective date of such notice. This right of termination
shall be in addition to any remedies provided by applicable law for any breach or default under
this Agreement, including the right to terminate this Agreement in the event of a breach or
default and the right to recover any damages resulting from such breach or default.
(b) In the event of termination or cancellation of this Agreement by City, due to
no fault or failure of performance by Contractor, Contractor shall be paid based on the
percentage of work satisfactorily performed at the time of termination. In no event shall
Contractor be entitled to receive more than the amount that would be paid Contractor for the full
performance of the services required by this Agreement. Contractor shall have no other claim
against City by reason of such termination, including any claim for compensation.
Section 17. Notice. Any notice, bills, invoices, etc, required by this Agreement shall
be deemed received on (a) the day of delivery if delivered by hand during the receiving party's
regular business hours or by facsimile before or during the receiving party's regular business
hours; or (b) on the second business day following deposit in the United States mail, postage
prepaid to the addresses set forth on the Cover Page, or to such other addresses as the parties
may, from time to time, designate in writing pursuant to this section.
Section 18. Certification. In accordance with the provisions of Section 3700 of the
Labor Code, Contractor shall secure the payment of compensation to Contractor's employees.
By executing this Agreement, Contractor certifies the following: Contractor is aware of the
provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and Contractor will comply with such provisions before commencing the
performance of the work of this Agreement.
Section 19. Standard Specifications. The work done pursuant to this Agreement shall
be done in accordance with the provisions of the most current edition of "Standard
Specifications for Public Works Construction" (commonly known as "the Green Book") including
Supplements, prepared and promulgated by the Southern California Chapter of the American
Public Works Association and the Associated General Contractors of California, and in
accordance with applicable standards, rules, regulations, codes, and City ordinances applicable
to electrical equipment (hereinafter referred to as the "Standard Specifications"). The
provisions of these Standard Specifications shall apply to the work performed under this
Agreement, unless different standards are specified in Exhibit A or agreed to in writing by the
City.
Section 20. Compliance with Laws. Contractor shall keep itself informed of and
comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the
Occupational Safety and Health Act and all those Applicable Laws relating in any way to
employment practices and protection of the environment. Contractor shall not discriminate
against any employee or any applicant for employment for reasons of race, color, creed,
religion, sex, sexual preference, age or national origin. For purposes of this section, "Applicable
Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees,
permits, approvals or other applicable requirements of any governmental entity or agency
having jurisdiction that are applicable to any aspect of this Agreement that are in force on the
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Effective Date and as they may be enacted, issued or amended during the term of this
Agreement.
Section 21. Enforcement of Wage and Hour Laws. Except as otherwise permitted by
a union contract, eight hours labor shall constitute a legal days work and any work performed
by Contractor's, or subcontractor's, employees in excess of 8 hours per day and 40 hours during
any one week shall be permitted only if Contractor compensates such employees for such time
at not less than 1 1/2 times the basic rate of pay. The Contractor, or subcontractor, if any, shall
forfeit twenty-five dollars ($25) to the City for each worker employed in the execution of this
Agreement by the respective Contractor or subcontractor for each calendar day during which
the worker is required or permitted to work more than 8 hours in any one calendar day and 40
hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of
the California Labor Code; provided that Contractor shall not be required to forfeit such amounts
if Contractor's employees have been paid in conformance with an alternative work schedule
approved by the employee's union.
Section 22. Materials and Workmanship. City shall have the right to inspect any
material used. Material furnished shall be new, complete, ready -for -use and of the latest model,
shall not have been used in demonstration or other services and shall have all the usual
equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise
specified. Equipment, supplies or services that fail to comply with the Agreement requirements
regarding design, material or workmanship may be rejected at the option of City. Any materials
rejected shall be removed from City premises at the Contractor's sole expense.
Section 23. Licenses and Permits. Except as provided herein below, Contractor shall
obtain and pay for all certificates, permits and licenses required by federal, state or local law,
rule or regulation. Costs for obtaining City permits required under this Agreement will be
waived. All requirements for obtaining permits (including City permits) remain in effect and are
not waived; only the costs of City permits .are waived.
Section 24. Assignment of Unfair Business Practices. Contractor and its
subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes
of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and
become effective at the time City tenders final payment to Contractor, without further
acknowledgment by the parties.
Section 25. Special Conditions.
(a) Hours of Work. When possible, all services shall be performed between the
hours of 6:00 a.m. and 4:30 p.m., Monday through Thursday. Contractor shall obtain the prior
written approval of the City's Responsible Principal for any services to be performed that would
require the payment of Overtime or Double Time rates.
(b) Conduct of the Work. Workmen shall behave, at all times, in a courteous,
professional manner. While on site, or entering,or exiting the site, there shall be no loud noise,
shouting or other extraneous activity that might cause disruption to staff or patrons as the case
may be.
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(c) Storage will be limited to the Project area.
(d) Inspection. City shall have the right to inspect Contractor's work at all
reasonable times.
(e) Contractor shall have a competent representative on the Project site at all
times work is in progress. Communication given to the representative shall be binding as if
given to the Contractor. Contractor shall immediately replace any individual who ceases to
perform his duties 'satisfactorily, in the opinion of the City's representative, with a qualified,
competent replacement acceptable to the City's representative.
(f) Contractor shall submit schedule information to the City's representative for
integration into the overall Project schedule. Activity information shall be of sufficient detail to
ensure adequate coordination, planning and execution of the work within the Time of
Performance required by the Agreement.
(g) Rubbish, debris, waste, dust or surplus materials, shall not be allowed to
accumulate and shall be removed continuously and disposed of by the Contractor as the work
progresses. The City may elect if required, upon written notice to the Contractor, to perform
cleanup, the cost for which will be deducted from the Agreement amount.
Section 26. Force M@ieure. Neither City nor Contractor shall be responsible for
delays in performance under this Agreement due to causes beyond its control, including but not
limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other
casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually
severe weather, and supplier delays due to such causes. Neither economic nor market
conditions nor the financial condition of either party shall be considered a cause to excuse delay
pursuant to this subsection. Each party shall advise the other promptly in writing of each such
excusable delay, its cause and its expected delay, and shall upon request update such advice.
Section 27. Attorney's Fees. In the event that either party commences any legal
action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party
in such action shall be entitled to reasonable attorney's fees, costs and necessary
disbursements, in addition to such other relief,as may be sought and awarded.
Section 28. Entire Agreement. This Agreement represents the entire integrated
agreement between City and Contractor, and supersedes all prior negotiations, representations
or agreements, either written or oral. This Agreement may be amended only by a written
instrument signed by both City and Contractor.
Section 29. Waiver. The waiver by either party of a breach or default by the other
party shall not be deemed a waiver of any different or later breach whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
may have under this Agreement operate as a waiver of any breach or default of such a right.
The failure of either party to this Agreement to exercise any of its rights under this Agreement
does not constitute a breach of it and shall not be deemed to be a waiver of such rights or a
waiver of any subsequent breach. No waiver,, benefit, privilege, or service voluntarily given or
performed by a party shall give the other party any contractual rights by custom, estoppel, or
otherwise.
Section 30. Cover Page and Exhibits, Precedence. The Cover Page and all
documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement.
In the event of any material discrepancy between the express provisions of this Agreement and
the provisions of any document incorporated herein by reference, the provisions of this
Agreement shall prevail.
Section 31. Governing Law. The rights, obligations, duties and liabilities of the parties
to this Agreement and the interpretation of this Agreement shall be governed by the domestic
law of the State of California, without regard to its laws regarding choice of applicable law. Any
litigation concerning this Agreement shall take place in the municipal, superior, or federal district
court with geographic jurisdiction over the City of Vernon.
Section 32. City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any, party other than Contractor. City shall timely notify Contractor of
the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its
reasonable costs incurred in providing the notification required by section.
Section 33. Headings and Captions. The headings and captions used in this
Agreement are for convenience only and shall in no way define, limit or describe the scope or
intent of this Agreement or any part of it.
Section 34. Counterpart and Duplicate Originals. This Agreement may be executed
in counterpart originals, duplicate originals, or both, each of which is deemed to be an original
for all purposes.
Section 35. Authority to Execute this Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations hereunder.
Section 36. Severability. Invalidation of any provision contained herein or the
application thereof to any person or entity by judgment or court order shall in no way affect any
of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to
any other person or entity, and the same shall remain in full force and effect.
[Signatures Fallow on Next Page]
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IN WITNESS WHEREOF, the parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter city and JM Crew, Inc., dba Rhino Construction
California municipal corporation Services, a California corporation
By: By: . q4jMkum 6�
Mayor / Mayor Pro-Tem Name: 4 ,t . v ode,
Title: ��s zcy Qi(1l
ATTEST:
WILLARD YAMAGUCHI, City Clerk
APPROVED AS TO FORM:
LAURENCE S. WIENER, City Attomey
By: i
Name: :qw do
Title:c
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EXHIBIT A
EXHIBIT A
SCOPE OF WORK
Contractor shall provide all labor, tools and materials necessary to install equipment pursuant to
this Scope of Work, to complete the 7KV High Impedance Ground Fault Detection System at the
Leonis Substation. Contractor shall install all equipment in accordance with the engineering
drawings and specifications furnished by Palsons Electrical Engineering Services, Inc.
("Palsons"), as approved by the City. Contractor shall use the protection equipment and panel
enclosures furnished by Palsons.
Contractor shall provide the following specific services at the Leonis Substation:
1. Excavate from existing cable trench and install concrete encased duct bank (6) 6"
conduits from existing cable trench to north -east comer of existing control
building exterior location, backfill, compact and replace to match existing.
2. Excavate from existing south west cable trench to existing north west cable
trench, and install concrete encased duct bank (6) 6" conduits between existing
cable trenches.
3. Provide and install new custom fabricated conduit entry/cable marshalling
enclosure at northeast comer of building, stub up new conduits, install wire
support racks and entry conduits into existing Control Building at 8'6" AFF.
4. Provide and install new cable tray system inside existing control building,
properly installed for seismic zone 4.
5. Provide and install (1) 12 conductor #12 XHHW tray cable from each Bank 2
circuit breaker to new relay protection panel for circuit breaker operation per
drawings furnished by Palsons (12 total).
6. Provide and install (1) 4 conductor #10 from each Bank 2 circuit breaker to new
relay protection panel for current transformer indication per drawings furnished by
Palsons (12 total).
7. Provide and install (1) 4 conductor #12 from each Bank 2 circuit breaker to new
relay protection panel for voltage indication per drawings furnished by Palsons
(12 total).
8. Receive and properly install (4) relay protection panels provided by Palsons
consisting of: (3) panels of (4) SEL 451 relays and (1) panel with (3) SEL 451
relays and (1) SEL RTAC real time automation controller. Panels will be
furnished complete with all wiring, test switches, and fuse protection required for
relay operation.
9. Provide and connect all integration wiring for AC/DC, breaker controls, control
switches, communication cables from RTAC to relays including digital and analog
to interface terminal blocks.
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10. Provide and install necessary grounding for new relays, panels, exterior
enclosure and raceways.
11. Provide and install necessary components and wiring for DC voltage source to
new relay panels.
12. Label all wire terminations.
13. Perform device and wiring pretest
14. Provide CAD as -built drawings.
Unless otherwise stated, Contractor shall provide all labor, material, equipment, products and
accessories required to perform the above -listed services.
Schedule of Work
Contractor shall perform the specific services described herein in accordance with the time
frame identified in the tables below or as otherwise requested by the City in writing.
Schedule of Work
September 30, 2010
Items land 2
October 30, 2010
Items 3 and 4
November 30, 2010
Items 5, 6 and 7
December 31, 2010
Item 8
January 31, 2011
Items 9 and 10
February 28, .2011
Items 11
March 31, 2011 -
Items 12 and 13
April 30, 2011
Item 14
Warran
Contractor warrants all equipment, products, materials and services furnished under this
Agreement to be suitable for their intended use, to be free from defects in their design,
materials, workmanship, and title, and to conform strictly to any specifications, drawings,
samples, or other inspection of the products, materials or services for a period of one year from
the date that the performance of the particular item of work is completed under this Agreement.
Contractor shall extend all warranties it receives from its vendors and/or the manufacturers of
the products purchased under this Agreement to City. This warranty is in addition to all
warranties provided under the law. Contractor warrants that title to the equipment, products and
materials purchased under this Agreement will pass to the City upon delivery to City premises,
free and clear of all liens, claims, security interests or encumbrances, and that no seller of any
equipment, products or materials, or any portion thereof, will retain an interest therein or an
encumbrance thereon.
12
EXHIBIT B
EXHIBIT B
PAYMENT SCHEDULE
Contractor shall invoice City for the `Billing Dollars" amount listed in the tables below only after
completing the specific service items listed in the tables. The specific service items are
described in detail in Exhibit A (Scope of Work) to this Agreement. City shall make payments in
accordance with Section 4 of this Agreement.
PROJECT DESCRIPTION: LEONIS SUBSTATION 7KV GROUND FAULT DETECTION
RHINO COST: $165,000 00��
9Y+1 iN+, - 15_�_=_
E • "V. s"'T K e F ... -s-; S .- Sn.. F.}' ,. ,�% °$. a'"' ?7x:1c•;. Yi tY:'.�i
BILLING
BILLING
TASK DESCRIPTION
f
PERCENTAGE
DOLLARS
PAYMENT #1
25.00%
$41,250.00
Items 1 and 2
PAYMENT #2
20.00%
$33,000.00
Items 3 and 4
PAYMENT #3
10.00%
$16,500.00
Items 5, 6 and 7
PAYMENT #4
10.00%
$16,500.00
Items 8
PAYMENT #5
10.00%
$16,500.00
Items 9 and 10
PAYMENT #6-
10.00%
$16,500.00
Item 11
PAYMENT #7
10.00%
$16,500.00
Item 12 and 13
5% WITHHELD
5.00%
$8,250.00
Item 14
GRAND TOTAL
100.00%
$165,000.00
13
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
August 18, 2010
JM Crew, Inc. dba Rhino Construction
Attn: James Megorden
2672 Kempton Drive
Los Alamitos, CA 90720
Re: Electrical Work Related to Leonis Substation 7 kV Ground Fault Detection
Dear Mr. Megorden:
The insurance requirements have been met. Transmitted herewith is a fully executed agreement,
as referenced above, approved by City Council on August 16, 2010, through Resolution No.
2010-114.
If you have any questions regarding this matter, please call Mr. Ali Nour at 323/583-8811 ext.
316.
Very truly yours,
WIL ARD . Y C I
City Clerk
WGY:dj
Enclosure
c: Carlos Fandino
Ali Nour
Purchasing Department
Resolution No. 2010-114
Agreement File No. 10-056
E ,cfusivefy Industr&f
AGREEMENT BETWEEN THE CITY OF VERNON AND JM
CREW, INC, FOR ELECTRICAL. WORK RELATED TO LEONIS
SUBSTATION 7 KV GROUND FAULT DETECTION
Name of Contractor:
Responsible Principal of Contractor:
Notice Information - Contractor:
Notice Information - City:
Commencement Date:
Termination Date:
Consideration:
COVER PAGE
1
JM Crew, Inc. dba Rhino Construction
Services
Jennifer Megorden
JM Crew, Inc.
2672 Kempton Drive
Los Alamitos, California 90720
Attention: James Megorden
Phone: (562) 594-7466
Facsimile: (562) 594-7460
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Ali Nour, P.E.
Engineering Manager
Telephone: (323) 583-8811 ext 316
Facsimile: (323) 585-1458
September 1, 2010
April 30, 2011, unless extended pursuant to
Section 2
$165,000.00, as more particularly described
in Exhibit B
AGREEMENT BETWEEN THE CITY OF VERNON AND JM
CREW, INC. FOR ELECTRICAL WORK RELATED TO LEONIS
SUBSTATION 7 KV GROUND FAULT DETECTION
r
THIS AGREEMENT is made as o % , 2010 the "Effective Date"), b
( ) Y
and between the City of Vernon, a California charter City and California municipal corporation
("City"), and JM Crew, Inc. dba Rhino Construction Services, a California corporation
("Contractor")
RECITALS
A. City desires to obtain the services of a Contractor to perform electrical work as
described in Exhibit A ("Scope of Work" or "Project').
B. Contractor represents that it is licensed, qualified and able to perform the
services.
NOW, THEREFORE, the parties agree as follows:
Section 1 Contractor's, Services. Contractor shall perform and complete in good
and workmanlike manner the Scope of Work described in Exhibit.A in a manner satisfactory to
City. Contractor shall be responsible for the professional quality, technical accuracy, and
coordination of work performed under this Agreement and without additional compensation shall
correct, revise or otherwise remedy any defect or deficiency in work identified as complete by
Contractor and delivered to City.
Section2. Time of Performance. Contractor shall commence its services under this
Agreement upon the Commencement Date set forth on the Cover Page or upon receipt of a
written notice to proceed from City, whichever is sooner. Contractor shall perform the services
on or by the Termination Date set forth on the Cover Page. The period of time between the date
services are to commence, and the Termination Date, is the Time of Performance.
Section 3. Compensation. City agrees to compensate Contractor for the services
and/or goods provided under this Agreement, and Contractor agrees to accept in full satisfaction
for such services, the sum indicated as Consideration on the Cover Page to, this Agreement, as
more particularly described in Exhibit B.
Section 4. Method of Payment. City shall :pay Contractor said Consideration In
accordance with the method and schedule of payment set forth in Exhibit B.
(a) If City fails to make any progress payment within 30 days after receipt of
an undisputed andproperly submitted payment request from Contractor, City shall pay interest
to Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the
Code of Civil. Procedure. For purposes of this section, a '`progress payment' 'includes all
payments due Contractor, except that portion of the final payment designated by this Agreement
as retention earnings.
(b) Upon receipt of a payment request, City shall review it as soon as
practicable after receipt for the purpose of determining that the payment request Is a proper
payment request.
V,
(c) Any payment request determined not to be a proper payment request
suitable for payment shall be returned to Contractor as soon as practicable, but not later than
seven days, after receipt. A request returned pursuant to this subsection shall be accompanied
by a document setting forth in writing the reasons why the payment request is not proper.
(d) The number of days available to a City to make a payment without
incurring interest pursuant to this section shall be reduced by the number of days by which City
exceeds the seven-day return requirement set forth in subsection (c) of this section.
Section 5. Close Out. Prior to final payment, Contractor will be required to complete
a close-out form certifying that all work has been completed and releasing City (and any other
party owning property with respect to which Contractor performed services hereunder) from all
further obligations and liabilities.
Section 6. Independent P,ontractor. Contractor is and shall at all times remain, as to
City, a wholly independent Contractor. Neither City nor any of its agents shall have control over
the conduct of Contractor or any of Contractor's employees, except as herein set forth.
Contractor shall not, at any time, or in any manner, represent that it or any of its agents or
employees are in any manner agents or employees of City.
Section 7. Assignment. This Agreement shall not be assigned in whole or in part by
Contractor without the prior written approval of City. Any attempt by Contractor to so assign or
subcontract this Agreement or any rights, duties or obligations arising hereunder shall be void
and of no effect. In the event City grants written approval to Contractor to subcontract work
under this Agreement, Contractor is prohibited from using a subcontractor who is ineligible to
perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
Section 8. Responsible Principal(s).
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for Contractor's obligations under this Agreement and shall serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City's Responsible Principal shall be the City Administrator or his designee
set forth on the Cover Page who shall administer the terms of the Agreement on behalf of City.
Section 9. Personnel. Contractor represents that it has, or shall secure at its own
expense, all personnel required to perform Contractor's services under this Agreement. All
personnel engaged in the work shall be qualified to. perform such work
Section 10. Changes to the Scope of Work.
(a) City may at any time by a written order, and without notice to third parties,
make changes within the general Scope of Work. If any such change causes an increase or
decrease in the cost of, or the time required for, the performance of any part of the work under
this Agreement, whether changed or not changed by any such order, an equitable adjustment
shall be made in price or delivery, or both, and this Agreement shall be modified in writing
accordingly. Nothing in this subsection shall excuse Contractor from proceeding with the work
as changed.
3
(b) No change is authorized unless signed by City's Responsible Principal.
Changes made by Contractor without written authorization shall be made at the sole risk of
Contractor, there being no recourse against City.
Section 11. Technical Materials. City reserves all rights to designs, drawings,
blueprints, tools, dies, patterns, plates or other technical materials furnished or paid for by City,
and Contractor shall use such materials in strict confidentiality and shall return the same to City
at its request upon completion or termination of this Agreement. Contractor shall not copy or
otherwise use any such materials for any purposes other than the completion of this Agreement.
Contractor shall keep confidential and not disclose to others all other matters which have been
made available by City in confidence or which reasonably can be regarded as sensitive or
confidential in nature.
Section 12. Records, Inspection And Audit. During the course of worts being
performed pursuant to this Agreement, Contractor and any of its subcontractors, shall maintain
and retain, not less than three (3) years after Termination Date, complete and accurate records
of the Contractor's costs which are chargeable to the City under this Agreement. City or its
designated, authorized representatives, shall have the right during this three (3) year period,
upon written reasonable notice, to inspect and audit those records. Such records to be
maintained and retained by the Contractor shall include: (a) payroll record accounting for the
total time distribution of the Contractor's employees working full or part time on the work (to
permit tracing to payroll payments in cash); (b) invoices for purchases, receiving and issuing
documents, and all the other unit -inventory records for the Contractor's stores, stock or capital
items; (c) paid invoices and canceled checks for material purchased and for the subcontractor's
and any other third parties' charges; and (d) any other documentation City deems necessary to
support costs and charges under this Agreement.
Section 13. Interests of Contractor. Contractor affirms that it presently has no interest
and shall not have any interest, direct or indirect, which would conflict in any manner with the
performance of the services contemplated by this Agreement. No person having any such
interest shall be employed by or be associated with Contractor.
Section 14. Insurance.
(a) Contractor shall at all times during the term of this Agreement cant', maintain,
and keep in full force and effect, a policy or policies of Comprehensive General Liability
Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
(b) Contractor shall at all times during the term of this Agreement carry, maintain,
and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
Insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor or Contractor's officers, employees, or agents in performing the services required by
this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance of
work under this Agreement workers' compensation insurance as required by law.
4
(d) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement..
(e) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+;VII in the latest
edition of Best's Insurance Guide.
(f) Contractor agrees that if it does not keep the aforesaid insurance in full force
and effect City may either immediately terminate this Agreement or, if insurance is available at a
reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense,
the premium thereon.
(g) At all times during the term of this Agreement, Contractor and all sub-
contractors shall maintain on file with the Risk Manager a certificate or certificates of insurance
showing that the aforesaid policies are in effect in the required amounts. Contractor and all sub-
contractors shall, prior to commencement of work under this Agreement, file with the Risk
Manager such certificate or certificates. The policies of insurance required by this Agreement
shall contain an endorsement naming the City as an additional insured. All of the policies
required under this Agreement shall contain an endorsement providing that the policies cannot
be canceled or reduced except on thirty (30) days prior written notice to City, and specifically
stating that the coverage contained in the policies affords insurance pursuant to the terms and
conditions as set forth in this Agreement.
(h) The insurance provided by Contractor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers,
employees, or agents, shall be in excess of Contractor's insurance and shall not contribute to it.
The policies of insurance required by this Agreement shall include provisions for waiver of
subrogation against City.
(i) Any deductibles or self -insured retentions must be declared to and approved
by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -
insured retentions with respect to City, or Contractor shall procure a bond guaranteeing
payment of losses and expenses.
Section 15. Indemnification. To the fullest extent permitted by law, Contractor agrees
to defend, indemnify .and hold harmless City and its elected officials, officers, agents,
employees, and volunteers from any ,and all claims, suits, actions, demands, damages,
liabilities, expenses, judgments, settlements, penalties, losses, fines, and all costs and
expenses incurred in connection therewith, including without limitation, interest, reasonable
attorney's fees and all costs of defense, arising out of, resulting from, connected with or
attributable to the Intentional, reckless, negligent, or otherwise wrongful acts, errors, or
omissions of Contractor or its employees or agents in the performance of this Agreement.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL
BE GIVEN THE BROADEST POSSIBLE INTERPRETATION, AND SHALL SURVIVE THE
EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
The obligations in this Section are in addition to Contractor's duty to provide insurance
and shall not be limited by any, limitation on the amount or type of insurance coverage carried by
Contractor.
M
Section 16. Termination.
(a) City shall have the right to terminate this Agreement for any reason or for no
reason upon five (5) days written notice to Contractor. Contractor agrees to cease all work
under this Agreement on or before the effective date of such notice. This right of termination
shall be in addition to any remedies provided by applicable law for any breach or default under
this Agreement, including the right to terminate this Agreement in the event of a breach or
default and the right to recover any damages resulting from such breach or default.
(b) In the event of termination or cancellation of this Agreement by City, due to
no fault or failure of performance by Contractor, Contractor shall be paid based on the
percentage of work satisfactorily performed at the time of termination. In no event shall
Contractor be entitled to receive more than the amount that would be paid Contractor for the full
performance of the services required by this Agreement. Contractor shall have no other claim
against City by reason of such termination, including any claim for compensation.
Section 17. Notice. Any notice, bills, invoices, etc. required by this Agreement shall
be deemed received on (a) the day of delivery if delivered by hand during the receiving party's
regular business hours or by facsimile before or during the receiving party's regular business
hours; or (b) on the second business day following deposit in the United States mail, postage
prepaid to the addresses set forth on the Cover Page, or to such other addresses as the parties
may, from time to time, designate in writing pursuant to this section.
Section 18. Certification. In accordance with the provisions of Section 3700 of the
Labor Code, Contractor shall secure the payment of compensation to Contractor's employees.
By executing this Agreement, Contractor certifies the following: Contractor is aware of the
provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and Contractor will comply with such provisions before commencing the
performance of the work of this Agreement.
Section 19. Standard Specifications. The work done pursuant to this Agreement shall
be done in accordance with the provisions of the most current edition of "Standard
Specifications for Public Works Construction" (commonly known as "the Green Book") including
Supplements, prepared and promulgated by the Southern California Chapter of the American
Public Works Association and the Associated General Contractors of California, and in
accordance with applicable standards, rules, regulations, codes, and City ordinances applicable
to electrical equipment (hereinafter referred to as the "Standard Specifications"). The
provisions of these Standard Specifications shall apply to the work performed under this
Agreement, unless different standards are specified in Exhibit A or agreed to in writing by the
City.
Section 20. Compliance with Laws. Contractor shall keep itself informed of and
comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the
Occupational Safety and Health Act and all those Applicable Laws relating in any way to
employment practices and protection of the environment. Contractor shall not discriminate
against any employee or any applicant for employment for reasons of race, color, creed,
religion, sex, sexual preference, age or national origin. For purposes of this section, "Applicable
Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees,
permits, approvals or other applicable requirements of any governmental entity or agency
having jurisdiction that are applicable to any aspect of this Agreement that are in force on the
2
Effective Date and as they may be enacted, issued or amended during the term of this
Agreement.
Section 21. Enforcement of Wage and Hour Laws. Except as otherwise permitted by
a union contract, eight hours labor shall constitute a legal days work and any work performed
by Contractor's, or subcontractor's, employees in excess of 8 hours per day and 40 hours during
any one week shall be permitted only if Contractor compensates such employees for such time
at not less than 1 1/2 times the basic rate of pay. The Contractor, or subcontractor, if any, shall
forfeit twenty-five dollars ($25) to the City for each worker employed in the execution of this
Agreement by the respective Contractor or subcontractor for each calendar day during which
the worker is required or permitted to work more than 8 hours in any one calendar day_ and 40
hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of
the California Labor Code; provided that Contractor shall not be required to forfeit such amounts
if Contractor's employees have been paid in conformance with an alternative work schedule
approved by the employee's union.
Section 22. Materials and Workmanship. City shall have the right to inspect any
material used. Material furnished shall be new, complete, ready -for -use and of the latest model,
shall not have been used in demonstration or other services and shall have all the usual
equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise
specified. Equipment, supplies or services that fail to comply :with the Agreement requirements
regarding design, material or workmanship may be rejected at the option of City. Any materials
rejected shall be removed from City premises at the Contractor's sole expense.
Section 23. Licenses and Permits. Except as provided herein below, Contractor shall
obtain and pay for all certificates, permits and licenses required by federal, state or local law,
rule or regulation. Costs for obtaining City permits required under this Agreement will be
waived. All requirements for obtaining permits (including City permits) remain in effect and are
not waived; only the costs of City permits are waived.
Section 24. Assignment of Unfair Business Practices. Contractor and its
subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes
of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and
become effective at the time City tenders final payment to Contractor, without further
acknowledgment by the parties.
Section 25. Special Conditions.
(a) Hours of Work. When possible, all services shall be performed between the
hours of 6:00 a.m. and 4:30 p.m., Monday through Thursday. Contractor shall obtain the prior
written approval of the City's Responsible Principal for any services to be performed that would
require the payment of Overtime or Double Time rates.
(b) Conduct of the Work. Workmen shall behave, at all times, in a courteous,
professional manner. While on site, or entering or exiting the site, there shall be no loud noise,
shouting or other extraneous activity that might cause disruption to staff or patrons as the case
may be.
(c) Storage will be limited to the Project area.
(d) Inspection. City shall have the right to inspect Contractor's work at all
reasonable times.
(e) Contractor shall have a competent representative on the Project site at all
times work is in progress. Communication given to the representative shall be binding as if
given to the Contractor. Contractor shall immediately replace any individual who ceases to
perform his duties satisfactorily, in the opinion of the City's representative, with a qualified,
competent replacement acceptable to the City's representative.
(f) Contractor shall submit schedule information to the City's representative for
integration into the overall Project schedule. Activity information shall be of sufficient detail to
ensure adequate coordination, planning and execution of the work within the Time of
Performance required by the Agreement.
(g) Rubbish, debris, waste, dust or surplus materials, shall not be allowed to
accumulate and shall be removed continuously and disposed of by the Contractor as the work
progresses. The City may elect if required, upon written notice to the Contractor, to perform
cleanup, the cost for which will be deducted from the Agreement amount.
Section 26. Force Mgieure. Neither City nor Contractor shall be responsible for
delays in performance under this Agreement due to causes beyond its control, including but not
limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other
casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually
severe weather, and supplier delays due to such causes. Neither economic nor market
conditions nor the financial condition of either party shall be considered a cause to excuse delay
pursuant to this subsection. Each party shall advise the other promptly in writing of each such
excusable delay, its cause and its expected delay, and shall upon request update such advice.
Section 27. Attorney's Fees. In the event that either party commences any legal
action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party
in such action shall be entitled to reasonable attorney's fees, costs and necessary
disbursements, in addition to such other relief,as may be sought and awarded.
Section 28. Entire Agreement. _ This Agreement represents the entire integrated
agreement between City and Contractor, and supersedes all prior negotiations, representations
or agreements, either written or oral. This Agreement may be amended only by a written
instrument signed by both City and Contractor.
Section 29. Waiver. The waiver by either party of a breach or default by the other
party shall not be deemed a waiver of any different or later breach whether of .the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
may have under this Agreement operate as a waiver of any breach or default of such a right.
The failure of either party to this Agreement to exercise any of its rights under this Agreement
does not constitute a breach of it and shall not be deemed to be a waiver of such rights or a
waiver of any subsequent breach, No waiver, benefit, privilege, or service voluntarily given or
performed by a party shall give the other party any contractual rights by custom, estoppel, or
otherwise.
Section 30. Cover Page and Exhibits; Precedence. The Cover Page and all
documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement.
In the event of any material discrepancy between the express provisions of this Agreement and
the provisions of any document incorporated herein by reference, the provisions of this
Agreement shall prevail.
Section 31. Governing Law. The rights, obligations, duties and liabilities of the parties
to this Agreement and the interpretation of this Agreement shall be governed by the domestic
law of the State of California, without regard to its laws regarding choice of applicable law. Any
litigation concerning this Agreement shall take place in the municipal, superior, or federal district
court with geographic jurisdiction over the City of Vernon.
Section 32. City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor. City shall timely notify Contractor of
the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its
reasonable costs incurred in providing the notification required by section.
Section 33. Headings .and Captions, The headings and captions used in this
Agreement are for convenience only and shall in no way define, limit or describe the scope or
intent of this Agreement or any part of it.
Section 34. Counterpart and Duplicate Qriginals. This Agreement may be executed
in counterpart originals, duplicate originals, or both, each of which is deemed to be an original
for all purposes.
Section 35. Authori to Execute this Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations hereunder.
Section 36. Severability. Invalidation of any provision contained herein or the
application thereof to any person or entity by judgment or court order shall in no way affect any
of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to
any other person or entity, and the same shall remain in full force and effect.
[Signatures Follow on Next Page]
9
IN WITNESS WHEREOF, the parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter city and JM Crew, Inc., dba Rhino Construction
California municipal corporation IServices, a California corporation
By. By.
Mayor / Mayor Pr - em Name: J h c ' ,/ . Ord
Title:fie._fci/l
APPR ED AS O FORM:
LAUREWCE S. WIEN , City Attorney
By: 1
�?AA-AAj>.1>- Ak""a'
Name:
Title:'``
10
EXHIBIT A
EXHIBIT A
SCOPE OF WORK
;J
Contractor shall provide all labor, tools and materials necessary to install equipment pursuant to
this Scope of Work to complete the 7KV High Impedance Ground Fault Detection System at the
Leonis Substation. Contractor shall install all equipment in accordance with the engineering
drawings and specifications furnished by Palsons Electrical. Engineering Services, Inc.
("Palsons"), as approved by the City. Contractor shall use the protection equipment and panel
enclosures furnished by Palsons.
Contractor shall provide the following specific services at the Leonis Substation:
1. Excavate from existing cable trench and install concrete encased duct bank (6) 6"
conduits from existing cable trench to north east corner of existing control
building exterior location, backfill, compact and replace to match existing.
2. Excavate from existing south west cable trench to existing north west cable
trench, and install concrete encased duct bank (6) 6" conduits between existing
cable trenches.
3. Provide and install new custom fabricated conduit entry/cable marshalling
enclosure at north/east comer of building, stub up new conduits, install wire
support racks and entry conduits into existing Control Building at 8'6" AFF.
4. Provide and install new cable tray system inside existing control building,
properly installed for seismic zone 4.
5. Provide and install (1) 12 conductor #12 XHHW tray cable from each Bank 2
circuit breaker to new relay protection panel for circuit breaker operation per
drawings fumished by Palsons (12 total).
6. Provide and install (1) 4 conductor #10 from each Bank 2 circuit breaker to new
relay protection panel for current transformer indication per drawings furnished by
Palsons (12 total).
%. Provide and install (1) 4 conductor #12 from each Bank 2 circuit breaker to new
relay protection panel for voltage indication per drawings furnished by Palsons
(12 total).
8. Receive and properly install (4) relay protection panels provided by Palsons
consisting of: (3) panels of (4) SEL 451 relays and (1) panel with (3) SEL 451
relays and (1) SEL RTAC real time automation controller. Panels will be
furnished complete with all wiring, test switches, and fuse protection required for
relay operation.
9. Provide and connect all integration wiring for AC/DC, breaker controls, control
switches, communication cables from RTAC to relays including digital and analog
to interface terminal blocks.
11
EXHIBIT B
EXHIBIT B
PAYMENT SCHEDULE
Contractor shall invoice City for the "Billing Dollars" amount listed in the tables below only after
completing the specific service items listed in the tables. The specific service items are
described in detail in Exhibit A (Scope of Work) to this Agreement. City shall make payments in
accordance with Section, 4 of this Agreement.
PROJECT DESCRIPTION: LEONIS SUBSTATION 7KV GROUND FAULT DETECTION
RHINO COST: $165,000.00s
x r'�
z
BILLING
PERCENTAGE
BILLING
DOLLARS
TASK DESCRIPTION
PAYMENT #1
25.00%
$41,250.00
Items 1 and 2
PAYMENT #2
20.00%
$33,000.00
Items 3 and 4
PAYMENT #3
10.00%
$16,500.00
Items 5,6 and 7
PAYMENT #4
10.00%
$16,500.00
Items 8
PAYMENT #5
10.00%
$16,500.00
Items 9 and 10
PAYMENT #6.
10.00%
$16,500.00
Item 11
PAYMENT #7
10.00%
$16,500.00
Item 12 and 13
5% WITHHELD
5.00%
$8,250.00
Item 14
GRAND TOTAL
100.00%
$165,000.00
t 4
13
Page 1 of 1
Juarez, Debbie
From: Barcia, Ana
Sent: Wednesday, August 18, 2010 12:39 PM
To: Juarez, Debbie
Subject: RE: Insurance Verification Misc.
Hi Debbie
Please see below-
Ana Barcia
City of Vernon
Risk Management Department
T: 323) 583-8811 ex 286
F: 323) 826-1439
abarcia@ci.vernon.ca.us
From: Juarez, Debbie
Sent: Wednesday, August 18, 2010 11:32 AM
To: Barcia, Ana
Subject: Insurance Verification Misc. -
Hi Ana. I need to verify that the following contractors have valid insurance on file:
Palsons Electrical Res. No. 2010-113- Current insurance on file
JM Crew dba Rhino Construction Res. No. 2010-114- Current insurance on file
Wittman Enterprises Res. No. 2010-118- No insurance on file, please forward copy of agreement.
KJ Services Res. No. 2010-120- Current insurance on file
Bowers Ambulance Res. No. 2010-122- Current insurance on file
Thank you.
---------------------------------------------------------
(Deborafii Juarez
Records WanagementAssistant
City of Vernon - City CierCs Office
4305 Santa Fe Avenue
Vernon, CA 90058
(323) 583-8811
8/18/2010
RECEIVED
AUG 0 5 2010
CITY CLERK'S OFFICE
STAFF REPORT
LIGHT & POWER
DATE: August 4, 2010 C
TO: Honorable and Mayor City Council
Y Y l
FROM: Carlos Fandino, Interim Director of Light & Power
RE: Capital Improvement Project — Implementation of 7KV Ground Fault
Detection Mechanism at the Leonis Substation
Purpose:
To install solid state electronic relaying devices at the Leonis
Substation to systematically detect 7 KV ground fault currents
resulting from downed circuit conductors.
Palsons Electrical Engineering Services, Inc. has delivered a
comprehensive scope of work to engineer, build and deliver the
needed devices. Rhino Construction Services, Inc. has delivered a
comprehensive scope of work to provide construction services to
construct and complete the project.
Recommendation:
I am recommending the approval of the agreement between the City
of Vernon and Palsons Electrical Engineering Services, Inc. for
electrical engineering services; and the agreement between the
City of Vernon and J.M. Crew, Inc., dba Rhino Construction
Services, for electrical work to complete the 7 KV Ground Fault
Detection Project. I recommend that the two contracts be
addressed on the August 16, 2010 Agenda and be approved by the
City Council.
Fiscal Impact:
This service was itemized for consideration in the 2010/2011
Capital Improvement Budget request and identified as System
t4 Al vi
AUG 0 5 2010
Staff Report
Page 2 of 2
Improvement. The fiscal impact is a not -to -exceed amount of
$467,013.00, including parts, labor, equipment, taxes and fees.
CF:an
C: Ali Nour
Project Control
Document Control- Leonis Substation
MEMORANDUM
TO: Ali Nour, Engineering Manager
FROM: Diana Varat, Assistant City Attorney
cc: Laurence S. Wiener, City Attorney
DATE: August 4, 2010
SUBJECT: Agreements with Palsons Electrical Engineering Services Inc. and J.M. Crew Inc.
for Leonis Substation Upgrades — Approved as to Form
The City Attorney's Office has reviewed the agreements with Palsons Electrical Engineering
Services Inc. and J.M. Crew Inc. dba Rhino Construction Services to engineer and implement the
7KV Ground Fault Detection System at the Leonis Substation, and has approved them as to
form.
DATE: July 27, 2010 b
TO: Donal O'Callaghan, Director of Light & Power
Al,` A, -
FROM: Ali Nour, Engineering Manager
SUBJECT: Leonis Substation 7 KV Ground Fault Detection
Capital Project — Public Safety & Reliability Improvement
The existing 7 KV Leonis Substation feeders are currently equipped with 50 years old
conventional ground fault detection relays conceptually capable of de -energizing faulty
phase conductors. These relays are only effective under certain conditions; otherwise, they
fail to detect low magnitude ground fault electric current in the field. Under certain
atmospheric conditions, a faulty phase conductor, can remain energized particularly if it is in
contact with high impedance surfaces such as grass, clay and concrete which act as an
insulator denying the existing relays to detect low magnitude ground fault current.
This condition poses a danger to human life and can result in property damages. It has
become a common practice for electric utilities owning similar fault detection relaying
systems to replace the existing with more sophisticated intelligent devices capable of
detecting ground faults at low magnitudes.
The Engineering Division has conducted its due diligence and has prepared a capital
improvement project to address the 7 KV ground fault improvement at Leonis Sub. The
project consists of acquiring the services of Palsons Engineering to deliver relays and racks
and Rhino Construction to perform the construction for this improvement.
Under the direction of the Engineering Division, Palsons Electrical Engineering Services
Inc. and Rhino Construction Services Inc. will engineer, build, construct and commission a
new set of solid state relays for Leonis sub. Both contractors have prepared scope of work
and offered firm pricin a timetable that meet L&P's needs. The total implementation
cost for Leonis Sub is $ and 013.00.
do
This safety and reliability capital improvement project is identified in 2010/2011 budget.
Attached are the proposals submitted by Palsons Engineering and Rhino Construction. At
this point, I request your authorization to ask City Attorney to draft agreements for Palsons
and Rhino with the City to cover this Capital Improvement Project. Should you need
additional information, please let me know.
/ M
Attachments
C: Project Control —
Document Control — Vernon Electric System
Carlos Fandino
CITY OF VERNON
Light and Power
Capital Improvement Project Request Schedule
2009-2010
Title of project: Leonis Substation 7 KV Ground Fault Protection Upgrade Phase I
Description and location:
Proposed to be accomplished by:
Status of plans:
Preliminary estimate only, no plans required
Detail plans and specifications in progress
Estimated completion date
Estimated Costs:
Engineering
Labor
Equipment
Supplies rand Services
Contracts
Capital outlay, Land
Capital outlay, Equipment
Financing:
Budgeted
Not budgeted
Supply appropriate required in the amount of
Action:
Initiated by:
Name
Approved by:
Name
Reviewed by:
350,000
Total:
Funds are available
charge to account number
Funds not available
Title Date
Department Head Date
Finance Committee
Approved
Disapproved
City Administrator
Approved
Disapproved
City Council
Approved
Disapproved
Substation
Jun40
$ 350,000
Narrative Justification: The ground fault protection relay system for Leonis Sub. 7 KV feeders are not reliable and considered as
safety hazard. The existing relays' response mechanism are not adequate to effectively de -energize
the 7 KV circuit. The existing electromechnical relays will be replaced with solid state digital relays.
This necessary improvement can be staged in two phases to allow substation service continuity.
Vernon substation's 7 KV system has already been upgraded.
AGREEMENT BETWEEN THE CITY OF VERNON AND JM
CREW, INC. FOR ELECTRICAL WORK RELATED TO LEONIS
SUBSTATION 7 KV GROUND FAULT DETECTION
COVER PAGE
Name of Contractor: JM Crew, Inc. dba Rhino Construction
Services
Responsible Principal of Contractor: Jennifer Megorden
Notice Information - Contractor: JM Crew, Inc.
2672 Kempton Drive
Los Alamitos, California 90720
Attention: James Megorden
Phone: (562) 594-7466
Facsimile: (562) 594-7460
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Ali Nour, P.E.
Engineering Manager
Telephone: (323) 583-8811 ext 316
Facsimile: (323) 585-1458
Commencement Date: September 1, 2010
Termination Date: April 30, 2011, unless extended pursuant to
Section 2
Consideration: $165,000.00, as more particularly described
in Exhibit B
1
AGREEMENT BETWEEN THE CITY OF VERNON AND JM
CREW, INC. FOR ELECTRICAL WORK RELATED TO LEONIS
SUBSTATION 7 KV GROUND FAULT DETECTION
THIS AGREEMENT is made as of , 2010 (the "Effective Date"), by
and between the City of Vernon, a California charter City and California municipal corporation
("City"), and JM Crew, Inc. dba Rhino Construction- Services, a California corporation
("Contractor").
RECITALS
A. City desires to obtain the services of a Contractor to perform electrical work as
described in Exhibit A ("Scope of Work" or "Project").
B. Contractor represents that it is licensed, qualified and able to perform the
services. -
NOW, THEREFORE, the parties agree as follows:
Section 1. Contractor's Services. Contractor shall perform and complete in good
and workmanlike manner the Scope of Work described in Exhibit A in a manner satisfactory to
City. Contractor shall be responsible for the professional quality, technical accuracy, and
coordination of work performed under this Agreement and without additional Compensation shall
correct, revise or otherwise remedy any defect or deficiency in work identified as complete by
Contractor and delivered to City.
Section 2. Time of Performance. Contractor shall commence its services under this
Agreement upon the Commencement Date set forth on the Cover Page or upon receipt of a
written notice to proceed from City, whichever is sooner. Contractor shall perform the services
on or by the Termination Date set forth on the Cover Page. The period of time between the date
services are to commence, and the Termination Date, is the Time of Performance.
Section 3. Compensation. City agrees to compensate Contractor for the services
and/or goods provided under this Agreement, and Contractor agrees to accept in full satisfaction
for such services, the sum indicated as Consideration on the Cover Page to this Agreement, as
more particularly described in Exhibit B.
Section 4. Method of Payment. City shall pay Contractor said Consideration in
accordance with the method and schedule of payment set forth in Exhibit B.
(a) If City fails to make any progress payment within 30 days after receipt of
an undisputed and properly submitted payment request from Contractor, City shall pay interest
to Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the
Code of Civil Procedure. For purposes of this section, a "progress payment" includes all
payments due Contractor, except that portion of the final payment designated by this Agreement
as retention earnings.
(b) Upon receipt of a payment request, City shall review it as soon as
practicable after receipt for the purpose of determining that the payment request is a proper
payment request.
2
Effective Date and as they may be enacted, issued or amended during the term of this
Agreement.
Section 21. Enforcement of Wage and Hour Laws. Except as otherwise permitted by
a union contract, eight hours labor shall constitute a legal day's work and any wont performed
by Contractor's, or subcontractor's, employees in excess of 8 hours per day and 40 hours during
any one week shall be permitted only if Contractor compensates such employees for such time
at not less than 1 1/2 times the basic rate of pay. The Contractor, or subcontractor, if any, shall
forfeit twenty-five dollars ($25) to the City for each worker employed in the execution of this
Agreement by the respective Contractor or subcontractor for each calendar day during which
the worker is required or permitted to work more than 8 hours in any calendar day and 40
hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of
the California Labor Code; provided that Contractor shall not be required to forfeit such amounts
if Contractor's employees have been paid in conformance with an alternative work schedule
approved by the employee's union.
Section 22. Materials and Workmanship. City shall have the right to inspect any
material used. Material furnished shall be new, complete, ready -for -use and of the latest model,
shall not have been used in demonstration or other services and shall have all the usual
equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise
specified. Equipment, supplies or services that fail to comply with the Agreement requirements
regarding design, material or workmanship may be rejected at the option of City. Any materials
rejected shall be removed from City premises at the Contractor's sole expense.
Section 23. Licenses and Permits. Except as provided herein below, Contractor shall
obtain and pay for all certificates, permits and licenses required by federal, state or local law,
rule or regulation. Costs for obtaining City permits required under this Agreement will be
waived. All requirements for obtaining permits (including City permits) remain in effect and are
not waived; only the costs of City permits are waived.
Section 24. Assignment of Unfair Business Practices. Contractor and its
subcontractor offers and agrees to assign to City all rights,'title, and interest in and to all causes
of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and
become effective at the time City tenders final payment to Contractor, without further
acknowledgment by the parties.
Section 25. Special Conditions.
(a) Hours of Work. When possible, all services shall be performed between the
hours of 6A0 a.m. and 4:30 p.m., Monday through Thursday. Contractor shall obtain the prior
written approval of the City's Responsible Principal for any services to be performed that would
require the payment of Overtime or Double Time rates.
(b) Conduct of the Work. Workmen shall behave, at all times; in a courteous,
professional manner. While on site, or entering or exiting the site, there shall be no loud noise,
shouting or other extraneous activity that might cause disruption to staff or patrons as the case
may be.
7
(c) Storage will be limited to the Project area.
(d) Inspection. City shall have the right to inspect Contractor's work at all
reasonable times.
(e) Contractor shall have a competent representative on the Project site at all
times work is in progress. Communication given to the representative shall be binding as if
given to the Contractor. Contractor shall immediately replace any individual who ceases to
perform his duties satisfactorily, in the opinion of the City's representative, with a qualified,
competent replacement acceptable to the City's representative.
(f) Contractor shall submit schedule information to the City's representative for
integration into the overall Project schedule. Activity information shall be of sufficient detail to
ensure adequate coordination, planning and execution of the work within the Time of
Performance required by the Agreement.
(g) Rubbish, debris, waste, dust or surplus materials, shall not be allowed to
accumulate and shall be removed continuously and disposed of by the Contractor as the work
progresses. The City may elect if required, upon written notice to the Contractor, to perform
cleanup, the cost for which will be deducted from the Agreement amount.
Section 26. Force Maj ure. Neither City nor Contractor shall be responsible for
delays in performance under this Agreement due to causes beyond its control, including but not
limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other
casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually
severe weather, and supplier delays due to such causes. Neither economic nor market
conditions nor the financial condition of either party shall be considered a cause to excuse delay
pursuant to this subsection. Each party shall advise the other promptly in writing of each such
excusable delay, its cause and its expected delay, and shall upon request update such advice.
Section 27. Attomey's tees. In the event that either party commences any legal
action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party
in such action shall be entitled to reasonable attorney's fees, costs and necessary
disbursements, in addition to such other relief as may be sought and awarded.
Section 28. Entire Agreement. This Agreement represents the entire integrated
agreement between City and Contractor, and supersedes all prior negotiations, representations
or agreements, either written or oral. This Agreement may be amended only by a written
instrument signed by both City and Contractor.
Section 29. Waiver. The waiver by either party of a breach. or default by the other
party shall not be deemed a waiver of any different or later breach whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
may have under this Agreement operate as a waiver of any breach or default of such a right.
The failure of either party to this Agreement to exercise any of its rights under this Agreement
does not constitute a breach of it and shall not be deemed to be a waiver of such rights or a
waiver of any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or
performed by a party shall give the other party any contractual rights by custom, estoppel, or
otherwise.
8
Section 30. Cover Page and Exhibits; Precedence. The Cover Page and all
documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement.
In the event of any material discrepancy between the express provisions of this Agreement and
the provisions of any document incorporated herein by reference, the provisions of this
Agreement shall prevail.
Section 31. G vQr a nbg Law. The rights, obligations, duties and liabilities of the parties
to this Agreement and the interpretation of this Agreement shall be governed by the domestic
law of the State of California, without regard to its laws regarding choice of applicable law. Any
litigation concerning this Agreement shall take place in the municipal, superior, or federal district
court with geographic jurisdiction over the City of Vernon.
Section 32. CityNot Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor. City shall timely notify Contractor of
the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its
reasonable costs incurred in providing the notification required by section.
Section 33. Headings and Captions. The headings and captions used in this
Agreement are for convenience only and shall in no way define, limit or describe the scope or
intent of this Agreement or any part of it,
Section 34. Counterpart and Duplicate Originals. This Agreement may be executed
in counterpart originals, duplicate originals, or both, each of which is deemed to be an original
for all purposes.
Section 35. Authority to Execute this Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations hereunder.
Section 36. Severability. Invalidation of any provision contained herein or the
application thereof to any person or entity by judgment or court order shall in no way affect any
of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to
any other person or entity, and the same shall remain in full force and effect.
[Signatures Follow on Next Page]
IN WITNESS WHEREOF, the parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter city and JM Crew, Inc., dba Rhino Construction
California municipal corporation Services, a California corporation
By: By:
Mayor /Mayor Pro-Tem Name:
Title:
ATTEST:
By:
Name:
WILLARD YAMAGUCHI, City Clerk Title:
APPROVED AS TO FORM:
LAURENCE S. WIENER, City Attorney
10
EXHIBIT A
SCOPE OF WORK
Contractor shall provide all labor, tools and materials necessary to install equipment pursuant to
this Scope of Work to complete the 7KV High Impedance Ground Fault Detection System at the
Leonis Substation. Contractor shall install all equipment in accordance with the engineering
drawings and specifications furnished by Palsons Electrical Engineering Services, Inc.
("Palsons"), as approved by the City. Contractor shall use the protection equipment and panel
enclosures furnished by Palsons.
Contractor shall provide the following specific services at the Leonis Substation:
1. Excavate from existing cable trench and install concrete encased duct bank (6) 6"
conduits from existing cable trench to north east corner of existing control
building exterior location, backfill, compact and replace to match existing.
2. Excavate from existing south west cable trench to existing north west cable
trench, and install concrete encased duct bank (6) 6" conduits between existing
cable trenches.
3. Provide and install new custom fabricated conduit entry/cable marshalling
enclosure at north/east comer of building, stub up new conduits, install wire
support racks and entry conduits into existing Control Building at 8'6" AFF.
4. Provide and install new cable tray system inside existing control building,
properly installed for seismic zone 4.
5. Provide and install (1) 12 conductor #12 XHHW tray cable from each Bank 2
circuit breaker to new relay protection panel for circuit breaker operation per
drawings furnished by Palsons (12 total).
6. Provide and install (1) 4 conductor #10 from each Bank 2 circuit breaker to new
relay protection panel for current transformer indication per drawings furnished by
Palsons (12 total).
7. Provide and install (1) 4 conductor #12 from each Bank 2 circuit breaker to new
relay protection panel for voltage indication per drawings furnished by Palsons
(12 total).
8. Receive and properly install (4) relay protection panels provided by Palsons
consisting of: (3) panels of (4) SEL 451 relays and (1) panel with (3) SEL 451
relays and (1) SEL RTAC real time automation controller. Panels will be
furnished complete with all wiring, test switches, and fuse protection required for
relay operation.
9. Provide and connect all integration wiring for AC/DC, breaker controls, control
switches, communication cables from RTAC to relays including digital and analog
to interface terminal blocks.
11
10. Provide and install necessary grounding for new relays, panels, exterior
enclosure and raceways.
11. Provide and install necessary components and wiring for DC voltage source to
new relay panels.
12. Label all wire terminations.
13. Perform device and wiring pretest.
14. Provide CAD as -built drawings.
Unless otherwise stated, Contractor shall provide all labor, material, equipment, products and
accessories required to perform the above -listed services.
Schedule of Work
Contractor shall perform the specific services described herein in accordance with the time
frame identified in the tables below or as otherwise requested by the City in writing.
Schedule of Work
September 30, 2010
Items land 2
October 30, 2010
Items 3 and 4
November 30, 2010
Items 5, 6 and 7
December 31, 2010
Item 8
January 31, 2011
Items 9 and 10
February 28, 2011
Items 11
March 31, 2011
Items 12 and 13
April 30, 2011
Item 14
Warranty
Contractor warrants all equipment, products, materials and services furnished under this
Agreement to be suitable for their intended use, to be free from defects in their design,
materials, workmanship, and title, and to conform strictly to any specifications, drawings,
samples, or other inspection of the products, materials or services for a period of one year from
the date that the performance of the particular item of work is completed under this Agreement.
Contractor shall extend all warranties it receives from its vendors and/or the manufacturers of
the products purchased under this Agreement to City. This warranty is in addition to all
warranties provided under the law. Contractor warrants that title to the equipment, products and
materials purchased under this Agreement will pass to the City upon delivery to City premises,
free and clear of all liens, claims, security interests or encumbrances, and that no seller of any
equipment, products or materials, or any portion thereof, will retain an interest therein or an
encumbrance thereon.
12
EXHIBIT B
PAYMENT SCHEDULE
Contractor shall invoice City for the "Billing Dollars" amount listed in the tables below only after
completing the specific service items listed in the tables. The specific service items are
described in detail in Exhibit A (Scope of Work) to this Agreement. City shall make payments in
accordance with Section 4 of this Agreement.
PROJECT DESCRIPTION: LEONIS SUBSTATION 7KV GROUND FAULT DETECTION
RHINO COST:
$165,000.00zz
BILLING
PERCENTAGE
BILLING
DOLLARS
TASK DESCRIPTION
PAYMENT #1
25.00%
$41,250.00
Items 1 and 2
PAYMENT #2
20.00%
$33,000.00
Items 3 and 4
PAYMENT #3
10.00%
$16,500.00
Items 5, 6 and 7
PAYMENT #4
10.00%
$16,500.00
Items 8
PAYMENT #5
10.00%
$16,500.00
Items 9 and 10
PAYMENT #6
10.00%
$16,500.00
Item 11
PAYMENT #7
10.00%
$16,500.00
Item 12 and 13
5% WITHHELD
5.00%
$8,250.00
Item 14
GRAND TOTAL
100.00%
$165,000.00
13