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Resolution No. 6020 ~ 1 RESOLUTION NO. 6020 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING 3 THE EXECUTION OF AN AGREEMENT WITH TWINING & ASSOCIATES, INC. TO PROVIDE QUALITY 4 CONTROL INSPECTION OF THE WELDING AND INTERIOR/EXTERIOR COATING OF RESERVOIR 3-2 5 WHICH WILL BE DONE UNDER CONTRACT NO. 509 6 WHEREAS, the City Council of the City of Vernon on 7 September 23, 1991, adopted Resolution No. 5987 approving 8 Contract No. 509 and authorizing a notice for bids for the 9 rehabilitation of Reservoir 3-2 at Fire station 1; and 10 WHEREAS, the State Health Department requirements call 11 for special care to insure use of proper materials and 12 application for facilities used for potable water; and 13 WHEREAS, by letter dated November 27, 1991, Bruce V. 14 Malkenhorst, City Administrator/City Clerk, indicated that the 15 Director of Community Services has recommended that the services 16 of Twining & Associates, Inc. be engaged to provide quality 17 control inspection of the welding and interior/exterior coating 18 of Reservoir No. 3-2, which will be performed in conjunction 19 with City of Vernon Contract No. 509 at a cost not to exceed 20 Twenty-Eight Thousand Dollars ($28,000.00); and 21 WHEREAS, the City Council is authorized to award 22 contracts for services without formal bid procedures pursuant to 23 Vernon City Code Section 2.27. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 25 THE CITY OF VERNON AS FOLLOWS: 26 SECTION 1: The City Council of the City of Vernon 27 hereby finds and determines that the recitals contained 28 hereinabove are true and correct. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I r ., 1 SECTION 2: The City Council of the City of Vernon 2 hereby approves the Agreement, a copy of which has been presented to the City Council concurrently with this resolution, and the City Council hereby orders said Agreement to be received 3 4 5 and filed by the City Clerk. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said 6 7 8 Agreement for, and on behalf of, the City of Vernon. 9 SECTION 4: The city Clerk of the City of Vernon shall certify to the passage of this resolution and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 17th day of December, 1991. A~ BRUCE V. /~ MALKENHORST, City Clerk -2- ... 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I . 1 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the city of 2 3 4 Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 6020, was duly adopted by the City Council of the City of Vernon at a regular meeting of the city Council duly 5 6 7 held on Tuesday, December 17. 1991. and thereafter was duly 8 signed by the Mayor of the City of Vernon. 9 ~-/~ BRUCE V. MALKENHORST, City Clerk ( SEAL) -3- . . ~h1~~ J>m% mo..~.~ g ~ (j ~ CONSULTANTS 1f\W1~~~[N]@ f& A~~cg~~~ U~~~ ~tNJ~o CORROSION ENGINEERING & INSPECTION SERVICES 747 W. Katella Avenue, Suite 105 Orange, California 92667 (714) 771-0855' FAX (714) 771-0857 INSPECTION SERVICES CONTRACT 1. STA1EMENT OF BUSINESS PURPOSE TWINING AND ASSOCIATES, INC. is an enterprise which provides pro- fessional corrosion engineering inspection services to municipal, corporate and individual organizations. 2. HISTORY OF BUSINESS ENTITY TWINING AND ASSOCIATES, INC. is a professional corporation incorpo- rated in the State of Cal ifornia. TWINING AND ASSOCIATES' principal business address is 747 West Katella Avenue, Suite 105, Orange, California 92667 -- phone, 714-771-0855. 3. SERVICES CITY OF VERNON has indicated their desire to retain the services of TW1NING AND ASSOCIATES to perform quality control inspection of 1.0 M.G. Welded Steel Water Storage Reservoir 3-2 as detailed in attached "Proposal For Welding, Interior Recoating and Exterior Repainting Inspection Services". 4. SCHEDULE OF FEES (To be paid on presentation of invoice) Hourly Rate ACIA Regi stered Coating/Painting Inspector $41. 50 Inspecti on Coordi nator/ ACIA Registered Inspector $48. 75 Registered Corrosion Engineer $95.00 AWS Certified Welding Inspector $47.00 Certified Diver/ ACIA Registered Inspector $55.00 Certified Diver/Tender $ 41 . 50 Minimum Charge (4 hours + travel time and mileage) (4 hours + travel time and mileage) (4 hours + travel time and mileage) (4 hours + travel time and mileage) (4 hours + travel time and mileage) (4 hours + travel time and mileage) CORROSION ENGINEERING · a.c. INSPECTION · UNDERWATER INSPECTION ~ ~M\\~ ~-~ m~.\ o .... ..'\ (j. Q CONSULTANTS m~fM~~@ ~ A~~(Q)(C~~Y~~~ ~[N]~o CORROSION ENGINEERING & INSPECTION SERVICES 747 W. Katella Avenue, Suite 105 Orange, California 92667 (714) 771-0855. FAX (714) 771-0857 INSPECTION SERVICES CONTRACT 1. STATEMENT OF BUSINESS PURPOSE TWINING AND ASSOCIATES, INC. is an enterprise which provides pro- fessional corrosion engineering inspection services to municipal, corporate and individual organizations. 2. HISTORY OF BUSINESS ENTITY TWINING AND ASSOCIATES, INC. is a professional corporation incorpo- rated in the State of Cal Hornia. TWINING AND ASSOCIATES' principal business address is 747 West Katella Avenue, Suite 105, Orange, Cal ifornia 92667 -- phone, 714-771-0855. 3. SERVICES CITY OF VERNON has indicated their desire to retain the services of TWINING AND ASSOCIATES to perform quality control inspection of 1.0 M.G. Welded Steel Water Storage Reservoir 3-2 as detailed in attached "Proposal For Welding, Interior Recoating and Exterior Repainting Inspection Services". 4. SCHEDULE OF FEES (To be paid on presentation of invoice) Hourly Rate ACIA Registered Coating/Painting Inspector $41. 50 Minimum Charge (4 hours + travel time and mileage) (4 hours + travel time and mileage) (4 hours + travel time and mileage) (4 hou rs + t rave 1 time and mileage) (4 hours + travel time and mileage) (4 hours + travel time and mileage) CORROSION ENGINEERING · a.c. INSPECTION · UNDERWATER INSPECTION Inspection Coordinator/ ACIA Registered Inspector $48. 75 Registered Corrosion Engineer $95.00 AWS Certified Welding Inspector $47.00 Cert ifi ed Di veri ACIA Registered Inspector $55.00 Certified Diver/Tender $41. 50 " Mileage Allowance $.35 per mile Authorized Expenses Cost + 10% Subsistence $ 65.00 per day $190.00 per day Daily Dive Equipment Charge 5. ESTIMATE OF COSTS~ BASED ON SECTION 3. ITEMS Costs will be as projected in attached "Proposal For Welding~ Interi- or Recoating and Exterior Repainting Inspection Services". Costs will be computed on actual hours used to perform noted services as coordinated with the Client representative. 6. REPRESENTATIONS It is understood any and all representations made by TWINING AND ASSOCIATES are based on its best judgment and accepted standards and practices withi nthe. industry ~ and that TWINING AND ASSOCIATES as- sumes no 1 iabil ity for the coating and paint systems specHied by contract specifications. 7. INDEMNITY TWINING AND ASSOCIATES shall indemnify and hold harmless the CITY OF VERNON and its agents and employees from and against all claims~ damages ~ losses and expenses i ncl uding attorney I s fees ari sing out of or resulting from the performance of the work, provided that any such claim, damage~ loss, or expense (a) is attributable to bodily injury~ sickness, disease or death of any person, including but not limited to persons employed by TWINING & ASSOCIATES or any sub-contractor or to injury to or destruction of tangible property (other than the work itself) including the loss or use resulting therefrom, and (b) is caused in whole or in part by any negligent act or omissions of TWINING & ASSOCIATES~ any subcontractor, anyone directly or indirect- ly employed by any of them or anyone for whom acts of them may be liable. CITY OF VERNON shall hold TWINING & ASSOCIATES harmless from any and all liability to perform beyond the exact confines' of the offered inspection services. 8. I NSU RAN CE COV ERAGE TWINING AND ASSOCIATES agrees to maintain in force during the term of this Agreement the following insurance policies: Workman's Compensation: In full compliance with Workman's Compensa- tion Act of the State of California Mileage Allowance $.35 per mil e Authorized Expenses Cost + 10% Subsistence $ 65.00 per day $190.00 per day Daily Dive Equipment Charge 5. ESTIMATE OF COSTS, BASED ON SECTION 3. ITEMS Costs will be as projected in attached "Proposal For Welding, Interi- or Recoating and Exterior Repainting Inspection Services". Costs will be computed on actual hours used to perform noted services as coordinated with the Cl ient representati ve. 6. REPRESENTATIONS It is understood any and all representations made by TWINING AND ASSOCIATES are based on its best Judgment and accepted standards and practices within the industry, and that TWINING AND ASSOCIATES as- sumes no liability for the coating and paint systems specified by contract speci fi cati ons . 7. INDEMNITY TWINING AND ASSOCIATES shall indemnify and hold harmless the CITY OF VERNON and its agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death of any person, including but not limited to persons employed by TWINING & ASSOCIATES or any sub-contractor or to injury to or destruction of tangible property (other than the work itself) including the loss or use resulting therefrom, and (b) is caused in whole or in part by any negligent act or omissions of TWINING & ASSOC IATES, any subcontractor, anyone di rect ly or indi rect- ly employed by any of them or anyone for whom acts of them may be liable. CITY OF VERNON shall hold TWINING & ASSOCIATES harmless from any and all liabil ity to perform beyond the exact confines' of the offered inspection services. 8. INSURANCE COVERAGE TWINING AND ASSOCIATES agrees to maintain in force during the term of this Agreement the following insurance policies: Workman's Compensation: In full compliance with Workman's Compensa- tion Act of the State of California Liability: $2,000,000 Combined Single Limit of General Liability, including the following coverages: Comprehensive Form Products/Completed Operations Personal Injury Contractua 1 Broad Form Property Damage Premises/Operations Property Damage $2,000,000 each person $2,000,000 each occurrence $2,000,000 each occurrence Automobile : Bodily Injury 9. TERMS OF PAYMENT Unless otherwise agreed, invoices will be submitted bi-monthly for the duration of the project. Accounts remaining unpaid after thirty days are subject to an interest charge of one and one-half percent per month (18% APR) from the date of invoice. If suit or action is instituted to collect any sum due, owing and unpaid, Client shall be liable for such sums as the court may adjudge reasonable for attor- ney's fees and other costs in said suit or action. In accordance with the foregoing, CITY OF VERNON and TWINING AND ASSOCI- ATES have executed thi s agreement on ,the 17th day of December ., 1991. ,APPROVED.AS TO FOill1 ~, CITY OF VERNON BY \J I \1) I r~ /U?~" U / DAVID B 0 BREARLEY --0 ~;~~o~~n~: F~o~~~nue CITY ATTORNEY . ,,' DATED _\ "2- //~/C7IA~/ ATTEST:.... ... ":V/;' ,<'toO .,-/ ~ ./?/ .' l.--~---- /~_. I ~'- r/./.... '._~~-7"""-- / ~ .:.-.<'/ /;:7.~ c ~ '- . "/'> ://'2 ~{ 'VJ7.4'.. .. ~S1gned ' i 1rayor Title City Clerk TWINING AND ASSOCIATES, INC. 747 W. Katella Avenue, Ste. 105 Orange, CA 92667 S\'G--.~ -::>, .~ JAMES ISOM Vice President/Operations Manager . J. Liability: $2,000,000 Combined Single Limit of General Liabi lity, including the following coverages: Comprehensive Form Products/Completed Operations Personal Injury Contractual Broad Form Property Damage Premises/Operations Property Damage $2,000,000 each person $2,000,000 each occurrence $2,000,000 each occurrence Automobile: Bodily Injury 9. TERMS OF PAYMENT Unless otherwise agreed, invoices will be submitted bi-monthly for the duration of the project. Accounts remaining unpaid after thirty days are subject to an interest charge of one and one-half percent per month (18% APR) from the date of invoice. If suit or action is instituted to collect any sum due, owing and unpaid, Client shall be liable for such sums as the ,court may adjudge reasonable for attor- ney's fees and other costs in said suit or action. In accordance with the foregoing, CITY OF VERNON and TWINING AND ASSOCI- ATES have executed thi s agreement on the 17th day of December " 1991. ' ft..PPRqYED ,AS TO FOlli! CITY OF VERNON BY W, \1)1 r~ /\y~\ V/ DAVIn B. BREARLEY ,?! 4305 Santa Fe Avenue CITY ATTORNEY,., ' Vernon, CA 90058 DATED _\ --, / / ~/(//,;/ TTEST ,// A : ~ ,,' ,',-::', ~ ::", ~ ~ ./ /",,///- v~~ / J / ~--.. v' ~ c.~ "/-7'" ,''- r"7,~./7-;~ /-, . ;r;' ,r, " .v,-," '- ,//", ,/-7 -/ .~ 7~ ~S: gned . ~ [{ayor Title City Clerk TWINING AND ASSOCIATES, INC. 747 W. Katella Avenue, Ste. 105 Orange, CA 92667 ?=\.~~ -~~- JAMES ISOM Vice President/Operations Manager