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Resolution No. 71801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BY AND BETWEEN THE CITY OF VERNON AND RAYMUNDO ENGINEERING CO., INC. RELATING TO DESIGN SERVICES AND ENGINEERING ADVICE ON GAS UTILITY SYSTEM MATTERS WHEREAS, the City of Vernon desires to retain professional consulting services to provide design services and engineering advice on gas utility system matters; and WHEREAS, Raymundo Engineering Co., Inc. is a licensed engineering firm which has specialized knowledge and experience with gas distribution systems and is qualified to provide such services; and WHEREAS, the City of Vernon and Raymundo Engineering Co., Inc. desire to enter into an Agreement for Consulting Services to provide design services and engineering advice. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Professional Consulting Services 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 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 Agreement for, and on behalf of, the City of Vernon. 1 SECTION 4: The City Clerk of the City of Vernon shall 2 certify to the passage of this resolution, and thereupon and 3 thereafter the same shall be in full force and effect. 4 APPROVED AND ADOPTED this 7th day of July, 1998. 5 6 EONIS C. MAIIBURG, M yor 7 ATTES : 8 BRUCE V. MALKENHORST, City Clerk 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 1 2 3 41 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA )ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 7180, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, July 7, 1998, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk -3- v\� \' Execution Copy 2 AGREEMENT FOR PROFESSIONAL CONSULTING SERV CES 3 4 THIS AGREEMENT is made, entered nto and executed in 5 duplicate originals, either copy of w ch may be considered and 6 used as the original hereof for all urposes, as of this 7th day 7 of July, 1998, in the City of Ver on, County of Los Angeles, California 8 9 BY AND BETWEEN THE CITY OF VERNON,(hereinafter 10 referred to as the "City") 4505 Santa Fe Avenue 11 Vernon, California 90058 12 AND RAYMUNDO ENGINEERING CO., INC. (hereinafter referred to as 13 "Consultant") 488 N. Wiget Lane 14 Walnut Creek, California 94598 15 RECITALS 16 WHEREA , the City requires Consultant to perform and 17 provide design services and engineering advice to the City of 18 Vernon relat d gas utility system; and 19 WH REAS, the City desires to engage the Consultant for 20 the servi es hereinafter described; and 21 WHEREAS, Consultant submitted a proposal to City, dated 22 July 6, 1998 (the "Proposal"), a copy of which is attached hereto 23 marke Exhibit "A" and incorporated herein by reference, and which 24 includes a description of proposed services and a cost proposal; 25 and 26 WHEREAS, the Consultant represents that it is qualified 27 to perform such service under this Agreement for Professional 28 Consulting Services (hereinafter "Agreement"). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 - _ 25 26 27 28 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: I. SCOPE OF SERVICES 1. Consultant shall perform or provide detailed engineering services as outlined in the Proposal. Services not set forth in the Proposal are excluded from the scope of services and the Consultant assumes no responsibility to perform such services. II. TIME OF PERFORMANCE Consultant's services herewith shall commence upon signing of the Agreement and shall extend for a period of three (3) years. Consultant is not responsible for delays by others in furnishing timely information or documents or other causes beyond Consultant's reasonable control. III. COMPENSATION 1. Design Services. The City shall compensate the Consultant for detailed engineering services described in the Proposal in the lump sum amount of Twenty-three Thousand Four Hundred Dollars and No Cents ($23,400.00). 2. Other Work. Consultant shall be paid additional compensation for as outlined in the Proposal on a time and expense basis in an amount not to exceed Eighty-eight Thousand Dollars and No Cents ($88,000.00). 3. Travel Expenses. Directly related travel expenses as set forth in the Proposal are included in the foregoing amounts. IV. METHOD OF PAYMENT Within thirty (30) days after the last day of any month -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in which services have been performed or costs incurred hereunder, the Consultant shall submit an invoice to the City stating the amount due the Consultant. The invoice shall also contain an itemization of directly related job expenses and subcontract charges incurred by the Consultant and an estimate of the percentage completed for each sub -task completed. Payment of the invoice shall be made after acceptance and approval by the City within thirty (30) days of receipt of such invoice. The City's approval of the invoice shall not be unreasonably withheld. V. CHANGES AND EXTRA SERVICES The City reserves the right to request changes in the services to be performed by the Consultant. All such changes shall be incorporated in written change orders executed by the City and the Consultant which shall specify the changes ordered and the adjustment of compensation and completion time required thereof. Any services added to the scope of this Agreement by a change order shall be executed under all applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized unless contained in a duly executed change order. VI. CONFIDENTIAL INFORMATION 1. Access to Confidential Information. The City of Vernon may provide Consultant with, or allow Consultant access to, certain information not available to the public concerning the City of Vernon, or businesses located in the City of Vernon. The information may include company information, taxes, sales, value -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of assets, or other such information. All such information shall be known as "Confidential Information" and may not be used to circumvent the responsibility of either party to this Agreement. 2. No Disclosure. Except as'expressly permitted, Consultant shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other means, any part of such Confidential Information to any other person or entity, whether corporate, governmental, or individual, without the express prior written consent of an authorized representative of the City of Vernon. Consultant shall return any written Confidential Information, and all copies made of such items, to the City upon the City's written request, but in any event not later than the date that the Consultant has performed all services to be performed pursuant to this Agreement. Consultant hereby agrees that such Confidential Information and any documents provided may be used by Consultant only as authorized by the City or the City of Vernon. Consultant shall take reasonable measures to avoid any disclosure of any such Confidential Information to any unauthorized person. 3. Court Ordered Disclosure. Consultant shall immediately notify the City of any court order or subpoena requiring disclosure of Confidential Information, and shall cooperate with legal counsel in the appeal or challenge of any such order or subpoena. Recipient may only disclose Confidential Information required to be disclosed pursuant to court order or subpoena after legal counsel has exhausted any lawful and timely appeal or challenge. 4. Remedies. In addition to any other remedies -4- 1 2 3 4 5 6 7 8 9'' 10' 11 12 13 14j 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that it may have at law or in equity, the City shall be entitled to a temporary and permanent injunction by a court of competent jurisdiction against any breach or threatened breach of the Confidential Information provisions of this Agreement. Consultant acknowledges that in case of such breach or threatened breach of said provisions, the City would have no adequate remedy at law. VII. INDEMNITY AND INSURANCE. 1. Indemnification. The Consultant shall indemnify, defend, protect and hold the City and its officers, agents and employees, free and harmless from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense arising out of the services performed under this Agreement, except to the extent arising from or caused by the sole active negligence or willful misconduct of the City, its officers, agents or employees. 2. Comprehensive General and Automobile Insurance. The Consultant agrees to provide insurance in the amounts and forms specified in Exhibit "A," which is attached hereto and made a part hereof by reference; provided, that coverage is not required for active negligence of the City to the extent that indemnification for City's active negligence would be invalid under Civil Code Section 2782(b). Comparable coverage shall be provided for each subcontractor used in the performance of this Agreement. The Consultant shall submit to the City documentation indicating compliance with these minimum requirements no less than one (1) day prior to the beginning of performance under this -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement. The Consultant shall not commence performance of its services under this Agreement until the above insurance has been obtained and proof of insurance has been filed with and approved by the City. Notwithstanding the foregoing, Consultant shall be excused from obtaining automobile liability insurance as specified on Exhibit "Bill' provided Consultant only uses "hired" (i.e. rented) automobiles in the performance of this Agreement and obtains, as part of the rental agreement, liability insurance as offered through the rental agency. VIII. GENERAL PROVISIONS 1. Independent Contractor. At all times during the term of this Agreement, the Consultant shall be an independent contractor and shall not be an employee of the City. The City shall have the right to control the consultant only insofar as the Iresults of the Consultants services rendered pursuant to this Agreement; however, the City shall not have the right to control the means by which the Consultant accomplishes services rendered pursuant to the Agreement except to the extent that such services involve the use of City of Vernon property or Confidential lInformation. 2. Consultant Not Agent. Except as the City may specify in writing, the consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. The Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind the City Ito any obligation whatsoever. 3. Validity. The validity, interpretation and performance of this Agreement shall be controlled and construed OM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 0 4. Products of Consulting. All products of consulting services with the exception of computer software developed by the Consultant, shall become the property of the City and shall be delivered to the City before the end of the performance of this Agreement. However, computer software shall remain the property of the Consultant, except for the City's continued right to use said software at no extra cost. 5. Assignment and Subcontracting Prohibited. No party to this Agreement may assign or subcontract any right or obligation pursuant to this Agreement except with the express written consent of the other party. Any other attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 6. Termination. This Agreement may be terminated by the City only on thirty (30) days written notice to the Consultant. The Consultant shall be entitled to the compensation earned by it prior to the date of the termination notice, computed pro rata up to and including that date, plus compensation for work performed during the thirty -day notice period and authorized in the termination notice. Consultant may terminate this Agreement on twenty (20) days written notice to the City if City fails to pay Consultant's invoice within forty-five (45) days of receipt by City; provided, that the Agreement shall not be terminated if the City issues payment within said twenty -day notice period. 7. Attorneys Fees. In the event.that it becomes necessary for either party to this Agreement to enforce any of the provisions of this Agreement, the parties agree that a court of competent jurisdiction may determine and fix reasonable attorney's -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 fees to be paid to the successful litigant. 8. Notices. Notices to the parties unless otherwise requested in writing shall be sent to: City: THE CITY OF VERNON ATTN: BRUCE V. MALKENHORST CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CA 90058-0805 Consultant: RAYMUNDO ENGINEERING CO., INC. ATTN: WILLIAM L. RAYMUNDO, PRESIDENT P. O. BOX 30425 WALNUT CREEK, CA 94598 IX. ENTIRE AGREEMENT This Agreement is the entire Agreement of the parties, the Consultant represents that in entering into this Agreement, it has not relied on any previous representations or understandings of any kind or nature. X. BENEFIT OF AGREEMENT This Agreement shall bind and benefit the parties hereto and their heirs, successors, and permitted assigns. XI. GOVERNING LAW. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California. cm 1 2 3 A 5 6 7 8 9 10 11 12 131 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the date first hereinabove set forth. THE CITY OF VERNON BY : Gw EONIS C. MAL RG, M yor ATTES G/ ' BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: DAVID B. BREARLEY, C' y Attorney RAYMUNDO ENGINEERING CO., INC. By: Title: By: Title: RAYMUNDO ENGINEERING 488 No. Wigan Lane Telephone (510) 986-0172 P.O. Say 30425 Fax (st 0) 988-0174 Walnut Greek, CA 94590 July 6. 1998 ,S&. Jorge C. Somoano Assistant Director for Resource Management Depa=ertt of Light and Power City of Vernon 4305 'Sa,ata Fe Avenue Vernon, CA 90058 Dcar Mr. Somoano: Attached is our cost proposal to provide engineering consulting services. Thank you for the opportunity to he of service. Sincerely, James Dong Vice President enclosures J17rms EXHIBIT A PROPOSAL The City will place into operation a new gas distributioa system consisting of approximately 50 miles of st=1 and plastic distribution mains. The following presents the approach apd work scope for each major area of work as identified by the City. All work is subject to the approval by the Director of Utilities. No work shall be accomplished on any task until authorized by the Director of Utilities or his authoriz.e:d representative. A. Startup Checklist Review and expand the preliminary checklist developed by the City to begin the startup/commercialization of the City's new gas distribution system_ The checklist includes administrative, business, and technical aspects of starring up the gas system. Raymundo Engineering shall ideutiJ'v the technical elements and assist the City in identif ,in,g the administrative and business elemcctts for the checklist. This task includes providing to the City for review and comment an expanded checklist developed by Raymundo Engineering. Raymundo Engineering shall revise the expanded checklist to reflect the City's comments and issue a checklist for use by the City. B. Operations/Maintenance Manual Review- and revise preliminary operations/maintenance manual initially developed by the City for the new gas distribution system. The purpose of the manual is to provide broad guidance to supervisory- and management personnel in the operations and maintenance activities related to •the gas system as required under 49 CI:R Parts 192.603 and 192.605. The main headings for the manual arc listed in the attached Table c,f Contents. For each subject area (i_e.; Xnaia heading), the manual shall address roles and responsibilities; state when specified actions should be taken (e.g.; frequency of various maintenance activities), provide the regulatory or code basis for actions and work procedures: and a general description for each area. Specific and detailed work procedures on how to perform a task (leaf: testing, patrolling, (;tc.) will be in the Standard Practices (Item C) and not in the Operations/Maintenance Manual_ Provide to the City for review and comment a revised manual based on the above description. Upon receipt of comments from tha City-, re -\rise draft manual to reflect the Ciry's comments and then issue a final manual for the City's Use. C. Twelve Standard Practices Prepare standard practices and engineering standards for the City's new gas distribution system. Standards describe specific work procedures related to the operation, mainteriance, and the new customer connection aspects of thc: new gas system. Standard practices are an extension and elaboration of the OOT regulations that have the force of law. Raymundo Engineering proposes to prepare the following standard practices for the fee shown in our fee proposal: Pipeline Patrolling and Surveillance ..aka€e Surveys Regulator Station Testia.- and Inspection. Valve Maintenance Confined Space Work Procedures Vault Maintenance Odorization of Gas Material Failure Investigations Purging of Existing Facilities Pipeline Repairs Detecting and Controllin-g, Corrosion Clearance Procedures Additional standard practices requested by the City are not included in the fee proposal and shall be prepared for an additional fee - Engineering standards are recommended guidelines developed forthe consistent implementation of specific design and engincerinr tasks but do not have the force of law. FAymU3ado Engineering proposes to prepare Erimneerino standards as the need arises. Thus approach will minimize the cost to the City by only developing those engineering standards that are Herded. The fee proposal accompanying t}iis work scope does not include the preparation of any engineering standards. Raymundo Engineering shall prepare work scope and fee proposal upon request by the City for preparation of specific engineering standards. D. On Call Technical Support Provide technical support on an oa-call basis- City shall designate specific individuals with the authority to call Raymundo Engineering and request assistance. The City shall contact Raymundo Engineering's designated representative for the City to request assistance. Raymundo Engineering shall be authorized in advance by the City to expend a pre -authorized budget amount each year to respond to the City,* requests. It is intended that tasks requested by m the City under this activity be relatively short term in duration (except for on -site assistance). However, there is no limitation to the Ytumber of requests atom the City. Contact shall primarily be via telephone and fa_%. The City shall be Notified if the budget rema'uung is insufficient to complete a requested task. Paymundo Engineering shall obtain prior approval from the City for work requests exceeding the remaining authorized budget. When the City requests on -site technical assistance on an emergency basis, Raymundo Engineering shall provide an on -site. presauce by the next calendar day (travel and weather conditions permitting)_ The on -site Raymundo Engineering representative shall be selected oa the basis of the nature of the techmical assistance requested (e.g_; piping, controls, metering, odorizatioN etc.) and manpower availability. Technical support and advice rendered by Raymundo Engineering shall not include construction means, methods, techniques, or sequences or any aspect of jobsite safety. These duties are not the responsibility of Raymundo E.nainouring and shall remain the sole responsibility of the City's construction contractor. 2 E. Materials lnventory Ecvclop a list of recommended materials and equipmenthools the City should have on hand for immediate, use to perform emergency repairs. This list shall include recommended quantities for each listed item. Equipment exid materials for routine maintenance are the zesponsibility of the maintenance contractor and hence are not included in the proposed Materials Inventory List, F. Emergency Plan Manual Prepare an emergency plan for the gets distribution system and district regulator stations as required under 49 CFR Part 192.6 13. 1-he main headings for the emergency plan are listed in the attached Table of Contents. For i:acli subject area (i.e., main heading), the manual shall address roles and responsibilities and the specific actions to be taken (e.g.; response, reporting). Develop emergency shutdown plans for the two supply- taps, for the two district regulator stations, for specific sections of the distribution feeder main, and for specific zones of the distribution system. Schematic dTiMn.,s shall be developed to illustrate the general locations of the Emergency valves. Provide to the Cite for rcvIew and cornment a draft manual based on the above description_ Upon receipt of comments from the City: revise draft manual to reflect the City's comments and then issue a final manual for the City` s use. G. Pipeline System Startup )Plan Prepare a pipeline startup procedure for purging nitrogen or air from pipeline facilities to be placed into service. According to the City's Community Services Department, the pipeline will be pressure tested with nitrogen and a residual amount of nitrogen (approx. 50 psig) will be left in the pipeline prior to transferring; the pipeline to the City's Cress Utility. Air may be introduced into a section of the distribution system if that pipeline section is depressurized to facilitate installation of the service line tap. The startup plan shall be based on pressurizing the entire distribution system with natural gas prior to serving any customers. The plan shall consist of sequentially purging various sections of the gas system until the entire syste;n has been purged. Raymtutdo Engineering shall analyze and recommend locations within the gas system for pipeline vents to be installed that are required for purging. Ruymundo Engineering understands that vents for pipeline purging have not been installed a5 part of the g«s distribution system. One site visit is included in this task. Provide to the City for review and comment a draft startup purging procedure. Upon rcccipt of comments from the City, revise draft plan to reflect the City's comments and then issue a -final plan for the City's use. On -site startup support can be provided by Raymundo Engineering for an additional fee and is not included in the fee proposal. 11. $penal prc-icciz, This task includes performing projects authorizcd by rbe Director of 'Utilities on an as needed basis. July C, 1998 4 City of Vernon Gas Utility Operations/Maintenance Manual Table of Contents 1. Purpoac and Scopc 2. Distribution System A_ Constt-uction B. As -built Plazas 3. Pipeline Operations and Maintenance A. Record Keeping B. Incident Reporting C. Clearances D. Patrolling and Surveillance B. Leak Surveys I✓ . Corrosion G. Dig-ins/Repair H. Inspections T. Markers 4. Valves A. Inspection 33_ Maintenance 5. Gas Regulation and Overpressure Protection A. Maximum Allowable Operating Pressure B. Pressure Regulation C. Overpressure protection 1). Relief Valve Inspection and Capacity Check E. District Regulator Station Inspection and Maintenance F. Customer Regulator S,:ts Inspection and Maintenance 6. Customer Meter Sets A. Inspection B. Maintenance 7. V aults A. Insper-don B. Maintenance 8_ Abandonrnent of Facilities 5 9. Odnrizzn r. A_ Monitoring Odor Level 10. Quality Assurance A. Monitoring Effectiveness oi* Operating and Maintenance Procedures C City of 'Vernon Gas Utility Emergency Plan Manual "Coble of Content% 1. Purpose and Scope 2. Responsibility A. Line of Authority to Implement the plan. B. Responsibility to Update the Plan 3. Response A. Receipt and Handling of Emergency Calls S. Notification of Key Personnel (gas uuliry, electric utility, police, fire) C. Mobilization of Gas Utility Personnel D. Safeguards for Life and Property E. Direction of Emergency Operations F. Notification of Outside Agencies (DOT, news agencies) G. Response Plans [per 49 CFR I'lart 192.615(a)(3)] H. Service Restoration I. AccidentfFailure Investigation 4. Reference Lists A. Managcment and Staff Assistance B. Mutual. Assistance Agreements C_ Gas Utility Manpower D. Equipment, Materials, and Supplies On I•Iaznd 5. Shutdown Plans for Gas Supply Taps and District Regulator Stations 6. Shutdown Plans for Specific Sections of the 10-Inch Distribution Feeder Main 7. Distribution System Shutdown zones S. Preparatory Measures A. Liaison with City and Other Public Officials B. Employee Training PragraiTi 7 r Q Qom] � 0 Cal�� O C O C a] c p CIZ �I rio x r" �.;OCT �rq r r� cot A �r r'+ � -z:j ..`fitt ;ad ,..� U _ va C vl C h C/) cn `- CI].13 ^ invi _ n f y y G�J r U ram- G V J r v J'3. � z w U u _� ✓1 i � 'iy � L Ca-. CS S2 co RAYMUNDO ENGINP-ERING 488 No. Wiget Lane Te(ephong ($10) 988-0172 P.O. BOX 30425 Fax (510) 988.0174 Walnut Creek, CA 94598 HOURLY L.4 3OR RATE SCHEDULE (fixed for three years) for Engineering' Consulting Services to the City of Vernon. Classification: $illinQ Rate: Principal S100.00 Engineer S 85.00 Project Secretary S 25.00 CARD Operator S 40.00 Billing rates include all cost associated with the service provided, including but not limited to salaries, employee benefits, overhead, and profit margin. OUTSIDE SERVICES: At cost plus 10% unless otherwise specified. Consultants/Contractors Reproduction AUTHORIZED TRAVEL: At cost Airfare (coach), meals, lodging, and rental car. Date_ July b. 1098 EXHIBIT B INSURANCE SCHEDULE (CONSULTANT) The Contractor shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I. Coverage and Limits Bodily Injury Property Damage Hazards Each Person Each Accident Each Accident Automobile Liability Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory Employers' Liability $1,000,000 per employer II. General and Professional Liability Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contract Liability $1,000,000 $2,000,000 $1,000,000 Professional Liability $2,000,000 $2,000,000 $2,000,000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1. An endorsement naming the City of Vernon, its officers, and employees as insureds under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by addendum hereto. b. In addition to the standard certificate of insurance, proof of general and professional liability coverage shall be furnished in the form checked below. Certification of the following proofs by the insurance agent or broker will not be accepted: X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer authorized to so certify. A copy of each policy certified by an officer of the underwriter or carrier and notarized. EXHIBIT B 7.1 8 9 10 11 12 13 14 15 16 17 18 010 20 21 22 23 24 25 26 27 M RESOLUTION NO. 7197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BY AND BETWEEN THE CITY OF VERNON AND RAYMUNDO ENGINEERING CO., INC. RELATING TO DESIGN SERVICES AND ENGINEERING ADVICE ON GAS UTILITY SYSTEM MATTERS AND RESCINDING RESOLUTION NO. 7180 DATED JULY 7,. 1998 WHEREAS, the City of Vernon desires to retain professional consulting.services to provide design services and. engineering advice on gas utility system matters; and WHEREAS, Raymundo Engineering Co., Inc. ("Raymundo") is a licensed engineering firm which has specialized knowledge and experience with gas distribution systems and is qualified to provide such services; and WHEREAS, the City of Vernon and Raymundo desire to enter into an Agreement for Consulting Services to provide design services and engineering advice; and WHEREAS, on July 7, 1998, by adoption of Resolution No. 7180, the City Council approved and authorized the execution of an Agreement for Professional Consulting Services between the City and Raymundo (the 117-7-98 Agreement"); and WHEREAS, the 7-7-98 Agreement provided, among other things, that Raymundo would perform certain engineering services for City for a term of three years; and WHEREAS, following the City Councill's approval of the. 7-7-98 Agreement, but before said.Agreement was signed by the parties, Raymundo informed the City that it would not commit after all to provide engineering.services for a three-year term, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 191 20 21 22 23 24 25 26 27 28 and would only commit to provide such services for a period equal to the term ending on or before June 151, 1999, the renewal date for Raymundots professional liability insurance coverage; and WHEREAS, the 7-7-98.Agreement provided that it could be terminated without cause on 30 days notice.by either party; and WHEREAS, the City Council believes it is fair and reasonable to enter into a new agreement with Raymundo for a term ending June.14, 1999, to rescind Resolution No. 7180 and to otherwise provide for the termination of the 7-7-98 Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon - hereby approves the Professional Consulting Services 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 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 Agreement for, and on behalf of, the City of Vernon. SECTION 4: Resolution No. 7180 is hereby rescinded.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5; The City Clerk.of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect.. APPROVED AND AD�PTED this 4th day of August, 1998. EONIS C. URG, yor ATTEST: BRUCE V. MALKENHORST, City Clerk 1 2 3 4 5 6 .7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF.CALIFORNIA ) )Ss COUNTY OF LOS ANGELES ) I,_BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being .Resolution No. 7197, was.duly adopted by the.City Council of. the City of Vernon at a regular meeting of the City Council duly held on Tuesday,.August 4, 1998, and thereafter was duly.signed by the Mayor of the City of Vernon. BRUCE V. MALKENHORST, C ty Clerk -4- SUPPORTING DOCUMENTS I w s - i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2E 2:� 2E Execution Copy AGREEMENT FOR PROFESSIONAL.CONSULTING SERVICES THIS AGREEMENT is made, entered into and executed in duplicate.originals, either copy of which may be considered and used as the or hereof for all purposes, as of this 4th day of August, 1998, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON,(hereinafter referred to as the "City") 4505 Santa Fe Avenue Vernon, California 90058 AND RAYMUNDO ENGINEERING CO., INC. (hereinafter referred.to as "Consultant") 488 N. Wiget Lane Walnut Creek, California 94598 RECITALS WHEREAS, the City requires Consultant to perform and provide design services and engineering advice related to the City of Vernon gas utility system; and WHEREAS, the City desires to engage the Consultant for the services hereinafter described; and WHEREAS, Consultant submitted a proposal to City, dated July 28, 1998 (the .Proposal"), a copy,of which is attached hereto marked Exhibit "A" and incorporated herein by reference, which includes a description of proposed services and a cost proposal; and WHEREAS, the Consultant represents that it is qualified to perform such services under this Agreement for.Professional Consulting Services (hereinafter"Agreement"); and 0 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16' 17 18 19 20 21 22 23_ 24 25 26 27 28 WHEREAS, City and Consultant mutually agree that this Agreement shall supersede the Agreement.for Professional Consulting Services approved by City on July 7, 199s, said prior agreement being hereby terminated. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: 1. SCOPE F..sSERYCES 1. Consultant shall perform or provide detailed engineering 'services as outlined in the Proposal. Services not set forth in the Proposal are excluded from the scope of services and the Consultant assumes no responsibility to perform such services. II. TIME OF PERFORMANCE Consultant's services herewith shall commence upon signing of the Agreement and shall extend until June 14, 1999. Consultant is not responsible for delays by others in furnishing timely information or documents or other causes beyond Consultant's reasonable control. III. COMPENSATION 1. Design Services. The City shall compensate the Consultant for detailed engineering services described in the Proposal in the lump sum amount of Twenty-three Thousand Four Hundred Dollars and No Cents ($23,400.00). 2. Other Work. Consultant shall be paid additional compensation for other work as outlined in the Proposal on a time and expense basis in an amount not to exceed Seventy-nine Thousand Dollars and No•cents ($79,000.00). -2- II 1 2 3 4 5 6 7 8 9 10 11 12 131 14 15 16 17 18 19 20 21 22 23 24 2 2 2 2E 3. Travel Expenses. Directly related travel expenses as set forth in the Proposal are included in the foregoing amounts. D ENT TV. METHOD OF PAYM Within thirty (30) days after the last day of any month in which services have been performed or costs incurred hereunder, the Consultant shall submit an invoice to the City stating the amount due the Consultant. The invoice shall also contain an itemization of directly related job expenses and subcontract charges incurred by the Consultant and'an estimate of the percentage completed for each sub -task completed. Payment of the invoice shall.be made after acceptance and approval by the City within thirty (30) days of receipt of such invoice. The City's approval of the invoice shall not be unreasonably withheld. V. CHANGESAND EXTRA SERVICES The City reserves the right to request changes in the services to be performed by the Consultant. All such changes shall be incorporated in written change orders executed by the City and the Consultant which shall specify the changes ordered and the adjustment of compensation and completion time required thereof. Any services added to the scope of this Agreement by a change order shall be executed under all applicable conditions of 5 this Agreement. No claim for additional compensation or.extension 6 of time shall be recognized unless.contained in a duly executed 7 change order. -3- 1 VI. CONFIDENTIAL INFORMATION 2 1. Agcess to Confidential Information. The City of 3 Vernon may provide Consultant with, or allow.Consultant access to, 4 certain information not available to the public concerning the 5 City of Vernon, or businesses located in the City of Vernon. The 6 information may include company information, taxes, sales, value 7 of assets, or other such information. All such information shall 8 be known as "Confidential Information" and may not be used to 9 circumvent the responsibility of either party to this Agreement. 10 2. No Disclosure. Except as expressly permitted, 11 Consultant shall not disclose, permit the disclosure of, release, 12 disseminate, or transfer, whether orally or by any other means, 13 any part of such Confidential_Information to any other person or 14 entity, whether corporate, governmental, or individual, without 15 the express prior written consent of an authorized representative 16 of the City of Vernon. Consultant shall return any written 17 Confidential Information, and all copies made of such items, to 18 the City upon the City's written request, but in any event not 19 later than the date that the Consultant has performed all services 20 to be performed pursuant to this Agreement. Consultant her 21 agrees that such Confidential Information and any documents 22 provided may be used by Consultant only as authorized by the City 23 or the City of Vernon. Consultant shall take reasonable measures 24 to avoid any disclosure of any such Confidential Information to 25 any unauthorized person. 26 3. gourt Ordergd Disclosure. Consultant shall 27 immediately notify the City of any court order or subpoena 28 requiring disclosure of Confidential Information, and shall -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cooperate with legal counsel in the appeal or challenge of any such order or subpoena. Recipient may only disclose Confidential Information required to be disclosed pursuant to court order or subpoena after legal counsel has exhausted any lawful and timely appeal or challenge. 4. Rgmedies. In addition to any other remedies that it may have at law or in equity, the City shall be entitled to a temporary and permanent injunction by a court of competent jurisdiction against any breach or threatened breach of the Confidential Information provisions of this Agreement. Consultant acknowledges that in case of such breach or threatened breach of said provisions, the City would have no adequate remedy at law. VII.JDFMTTTTY AND INSURANCE. 1. Ingem ifica ion. The Consultant shall indemnify, defend, protect and hold the City and its officers, agents and employees, free and harmless from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorneys fees and costs of defense arising out of the services performed under this Agreement, except to the extent arising from or caused by the sole active negligence or willful misconduct of the City, its officers, agents or employees. 2. gomprehensive General and A Ntt� omobi a Insurance. The Consultant agrees to provide insurance in the amounts and forms specified in Exhibit "B," which is attached hereto and made a part hereof by reference; provided, that coverage is not required for active negligence of.the City to the extent that -5- M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 indemnification,for City's active negligence would be invalid under Civil .Code Section 2782(b). Comparable coverage shall be provided for each subcontractor used in the performance of this. Agreement. The Consultant shall submit to the City documentation indicating compliance with these minimum requirements no less than one (1) day prior to the beginning of performance under this Agreement. The Consultant shall not commence performance of its services under this Agreement until the above insurance has been obtained and proof of insurance has been filed with and approved by the City. Notwithstanding the foregoing, Consultant shall be excused from obtaining automobile liability insurance as specified on Exhibit "B," provided Consultant only uses "hired" (i.e. rented) automobiles in the performance of this Agreement and obtains, as part of the rental agreement, liability insurance as offered through the rental agency. VIM . GENERAL PROVISIONS 1. Independent Contractor. At all times during the term of this Agreement, the Consultant shall be an independent contractor and shall not be an employee of the City. The City shall have the right to control the consultant only insofar as the results of the Consultant"s services rendered pursuant to this Agreement; however, the City shall not have the right to control the means by which the Consultant accomplishes services rendered pursuant to the Agreement except to the extent that such services involve the use of City of Vernon property or Confidential Information. 2.- Consultant Not Agent. Except as the City may specify in writing, the consultant shall have no authority, -6- 1 express or implied, to.act on behalf of the City in any capacity 2 whatsoever as an agent. The Consultant shall have no authority, 3 expressed or implied, pursuant to this Agreement to bind the City 4 to any obligation whatsoever. 5 3. Validity. The validity, interpretation and 6 performance of this Agreement shall be controlled and construed 7 under the laws of the State of California. 8 4. of Consultina. All products of 9 consulting services with the exception of computer software 10 developed by the Consultant, shall become the propIerty.of the City 11 and shall be delivered to the City before the end of the 12 performance of this Agreement. However, computer software shall 13' remain the property of the Consultant, except for the City's 14 continued right to use said software at no extra cost. 15 5. Assignment and Subcontracting -Prohibited. No .16 party to this Agreement may assign or subcontract any right or 17 obligation pursuant to this Agreement except with the express 18 written consent of the other party.. Any other attempted or 19 purported assignment of any right or obligation pursuant to this 20 Agreement shall be void and of no effect. 21 6. Termination. This Agreement may be terminated 22 by the City only on thirty (30) days written notice to the 23 Consultant. The Consultant shall be entitled to the compensation 24 earned by it prior to the date of the termination notice, computed 25 pro rata up to and including that date, plus compensation for work 26 performed during the thirty -day notice period and authorized in 27 the termination notice. Consultant may terminate this Agreement 28 on twenty (20) days written notice to the City if City fails to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20. 21 22 23 24 25 26 27 28 pay Consultant's invoice within forty-five (45) days of receipt by City; provided, that the.Agreement shall not be terminated if the City issues payment within said twenty -day notice period. 7. Attornev's Fees. In the event that it becomes necessary for either party to this Agreement to enforce any of the provisions of,this Agreement, the parties agree that a court of competent jurisdiction may determine and fix reasonable attorney s fees to be paid to the successful litigant. s. Notices. Notices to the parties unless otherwise requested in writing shall be sent to: City: THE CITY OF VERNON ATTN: BRUCE V. MALKENHORST CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CA 90058-0805 Consultant: RAYMUNDO ENGINEERING CO., INC. ATTN: WILLIAM L. RAYMUNDO, PRESIDENT P. 0. BOX 30425 WALNUT CREEK, CA 94598 IX. ENWIRF-AgREEMENT This Agreement is the entire Agreement of the parties, the Consultant represents that in entering into this Agreement, it has not relied on any previous representations or understandings of any kind or nature. The Agreement for Professional Consulting Services between the parties dated July 7, 199s, is hereby terminated. X. BENEFIT OF AQREEMENT This Agreement shall bind and benefit the parties hereto and their heirs, successors, and permitted assigns. -8- 1 XI. GOVERNING LAW. 2 This Agreement shall be governed by and construed and 3 enforced in accordance with the laws of the State of California. 4 IN WITNESS WHEREOF, the City and the Consultant have 5 executed this Agreement as of the date first hereinabove set 6 forth. THE CITY OF VERNON BY: g �EONI�SC, MAL Gj�Ma r 9 ATTEST• 10 BRUCE V. MALKENHORST, City Clerk 11 APPROVED AS TO FORM 12 13 DAVID B. BREARLEY, City ttorney 14 RAYMUNDO ENGINEERING CO., INC. 15 By:641 -� G Ylw' cnr 16 Title: Vrc�.t.Pes1 rite• 17 By: 18 Title: 19 20 21 22 23 24 25 26 27 28 -9- EXHIBIT A PROPOSAL The City will place into operation a new gas distribution system consisting of approximately 50 miles of steel and plastic distribution mains. The following presents the approach and work scope for each major area of work as identified by the City. All work is subject to the approval by the Director of Utilities. No work shall be accomplished on any task until authorized by the Director of Utilities or his authorized representative. A. Startup Checklist Review and expand the preliminary checklist developed by the City to begin the . startup/commercialization of the City's new gas distribution system. The checklist includes administrative, business, and technical aspects .of starting up the gas system. Raymundo Engineering shall identify the technical elements and assist the City in identifying the administrative and business elements for the checklist. This task includes providing to the City for review and comment an expanded checklist developed by Raymundo Engineering. Raym undo Engineering shall revise the expanded checklist to reflect the City's comments and issue a checklist for use by the City. B. Operatious/Maiutenance Manual Review and revise preliminary operations/mAintemce manual initially developed by the City for the new gas distribution system. The 'purpose of the manual is to provide broad guidance to supervisory and management personnel in the operations and maintenance activities related to the gas system as required under 49 CFR Parts 192.603 and 192.605. The main headings for the manual are listed in the attached Table of Contents. For each subject area (i.e.; main heading), the manual shall address,:roles and responsibilities, state when specified actions should be taken (e.g.; frequency of various maintenance activities), provide the regulatory or code basis for actions and work procedures, and a general description for each area. Specific and detailed work procedures on how to perform a task. (leak testing, patrolling, etc.) will be in the Standard Practices (Item C) and not in the Operations/Maintenance Manual. Provide to the City for review and comment a revised manual based on the above description. Upon receipt of comments from the City, revise draft manual to reflect the City's comments and then issue a final manual for the City's use. C. Twelve Standard Practices Prepare standard practices and engineering standards for the City's new gas distribution system. Standards describe specific work procedures related to the operation, maintenance, and the new customer connection aspects of the new gas system. Standard practices are an extension and elaboration of the DOT regulations that have the force of law. Raymundo Engineering proposes to prepare the following standard practices for the fee shown in our fee proposal: Pipeline Patrolling and Surveillance EXHIBIT A Leakage Surveys Regulator Station Testing and Inspection Valve Maintenance Confined Space Work Procedures Vault Maintenance Odorization of Gas Material Failure Investigations Purging of Existing Facilities Pipeline Repairs Detecting and Controlling Corrosion Clearance Procedures Additional standard practices requested by the City are not included in the fee proposal and shall be prepared for an additional fee. Engineering standards are recommended guidelines developed for the consistent implementation of specific design and engineering tasks but do.not have the force of law. Raymundo Engineering proposes to prepare engineering standards as the need arises. This approach will minimize the cost to the City by only developing those engineering standards that are needed. The fee proposal accompanying this work scope does not include the preparation of any engineering standards. Raymundo Engineering shall prepare work scope and foe proposal upon request by the City for preparation of specific engineering standards. D. On Call Technical Support Provide technical support on an on -call basis. City shall designate specific individuals with the authority to call Raymundo Engineering and request technical assistance. The City shall contact Raymundo Engineering's designated representative for the City to request assistance. Raymundo Engineering shall be authorized in advance by the City to expend a pre -authorized budget amount to respond to the City's requests. It is intended that tasks requested by the City under this activity be relatively short term in duration (except for on -site assistance), However, there is no limitation -to the number of requests from the City. Contact shall primarily be via telephone and fax. The City shall be notified if the budget remaining is insufficient to complete a requested task: Raymundo Engineering shall obtain prior approval from the City for work requests exceeding the remaining authorized budget. When the City requests on -site technical assistance on an emergency basis, Raymundo Engineering shall provide an on -site presence by the next calendar day (travel and weather conditions permitting). The on -site Raymundo Engineering representative shall be selected on the basis of the nature of the technical assistance requested (e.g.; piping, controls, metering, odorization, etc.) and manpower availability. Technical support and advice rendered by Raymundo Engineering shall not include construction means, methods, techniques, or sequences or any aspect of jobsite safety. These duties are not the responsibility of Raymundo Engineering and shall remain the sole responsibility of the Ci.ty's construction contractor. .2 E. Materials inventory Develop a list of recommended materials and equipment/tools the City should have on hand for immediate use to perform emergency repairs. This list shall include recommended quantities for each listed item. Equipment and materials for routine maintenance are the responsibility of the maintenance contractor and hence are not included in the proposed Materials Inventory List. F. Emergency Plan Manual Prepare an emergency plaza for the gas distribution system and district regulator stations as required under 49 CPR Part 192.61S. The main headings for the emergency plan are listed in the attached Table of Contents. For each subject area (Le.; main heading), the manual shall address roles and responsibilities and the specific actions to be taken (e.g.; response, reporting). Develop emergency shutdown plans for the two supply taps, for the two district regulator stations, for specific sections of the distribution feeder main, and for specific zones of the distribution system. Schematic drawings shall be developed to illustrate the general locations of the emergency valves. Provide to the City for review and comment a draft manual based on the above description. . Upon receipt of comments from the City, revise.dmft manual to reflect the City's continents and then issue a final manual for the City's use. G. Pipeline System Startup Plan Prepare a pipeline startup procedure for purging nitrogen or air from pipeline facilities to be placed into service. According to the City's Community Services Department, the pipeline will be pressure tested with nitrogen and a residual (amount of nitrogen (approx. 50 psig) will be left in the pipeline prior to transferring the pipeline to the City's Gas 'Utility. Air may be introduced into a section of the distribution system if that pipeline section is depressurized to facilitate installation of the service line tap. The startup plan shall be based on pressurizing the entire distribution system with natural gas prior to serving any customers. • The plan shall consist of sequentially purging various sections of the gas system until the entire system has been purged. Raymundo Engineering shall analyze and recommend locations within the gas system for pipeline vents to be installed that are required for purging. Raymundo Engineering understands that vents for pipeline purging have not boon installed as part of the gas distribution system. One site visit is included in this task. Provide to the City for review and comment a dnaR startup purging procedure. Upon receipt of comments from the City, revise draft plan to reflect the City's comments and then issue a final plan for the City's use. On -site startup support can be provided by Raymundo Engineering for an additional fee and is not included in L the fee proposal. 3 H. Special Projects This task includes performing projects authorized by the Director of Utilities on an as needed basis. July 28V 1998 4 1 City of Vernon Gas Utility operations/Maintenance Manual Table of Contents i, Purpose and Scope 2.. Distribution System A. Construction B. As -built Plans 3. Pipeline Operations and Maintenance A. Record Keeping B. incident Reporting C. Clearances D. Patrolling and. Surveillance E.. Leak Surveys F. Corrosion 0. Dig-ins/Repair H. Inspections I. Markers 4. Valves A. Inspection B. Maintenance S. Gas Regulation and Overpressure Protection A. Maximum Allowable Operating Pressure B. Pressure Regulation C. Overpressure Protection D. Relief Valve Inspection and Capacity Check E. District Regulator Station Inspection and Maintenance F. Customer Regulator Sets Inspection and Maintenance 6, Customer Meter Sets A. Inspection B. Maintenance 7. Vaults A. Inspection B. Maintenance 8. Abandonment of Facilities 5 9. Odorization A. Monitoring Odor Level 10. Quality Assurance A. Monitoring Effectiveness of Operating and Maintenance Procedures 6 City of Vernon Gas Utility Emergency Plan Manual Table of Contents 1. Purpose and Scope 2. Responsibility A. Line of Authority to Implement the Plan B. Responsibility to Update the Plan 3. Response' A. Receipt and Handling of Emergency Calls B. Notification of Key Personnel (gas utility, electric utility, police, fire) C. Mobilization of Gas Utility Personnel D. Safeguards for Life and Property E. Direction of Emergency Operations P. Notification of Outside Agencies (DOT, news agencies) G. Response Plans (per 49 CFR Part 192,615(a)(3)J .H. Service Restoration . I. Accident/Failure investigation 4. Reference Lists A. Management and Staff Assistance B. Mutual Assistance Agreements C. Chas Utility Manpower D. Equipment, Materials, and Supplies On Hand S. Shutdown Plans for Gas Supply Taps and District Regulator Stations 6. Shutdown Plans for Specific Sections of the 10-Inch Distribution Feeder Main 7. Distribution System Shutdown zones S. Preparatory Measures A. Liaison with City and Other Public Officials B, Employee Training Program 7 00 ��/(�}Y�/� o V! 69 w O U ti z c�a y y w ) y W C*10 ... a � a 40 va 02 E- O 2 00 RAYMUNDO ENGINEERING 488 No. W{get Lane - Telephone (510y 08"172 P.O. Box 90425 Fax (510) 080-0174 Walnut Creek. CA 94598 HOURLY LABOR RATE SCHEDULE (fixed for one year) for Engineering Consulting Services to the City of Vernon. ,Classification: Billing Rater Principal S95.00 Engineer $80.00 Project Secretary $25.00 CADD Operator S35.00 Billing grates include all cost associated with the service provided, including but not limited to salaries, employee benefits, overhead, and profit margin. OUTSIDE SERVICES: At cost plus 10% unless otherwise specif ed. Consultauts/Contractora Reproduction AUTHORIZED TRAVEL: At cost Airfare (coact), meals, lodging, and rental car. INSURANCE SCHEDULE (CONSULTANT) The Contractor shall provide proof of, insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I, Coverage and Limits Bodily Injury property Damage Hazards Each Person Each Accident Each Accident Automobile Liability Owned Automobiles $ 500,000 $1,000,000 $ 500,000 ui roA bnl-n-enhi 1 tan S 500.000 $1.000, 000 $ 5000000 II. General and Professional Liability Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products — Completed Operations $1,000,000 $2,000,000 $1,000,000 _ e, nnn nnn a. The general liability policy.shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance; 1. An endorsement naming the City of Vernon, its officers, ana employees as insureds under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by addendum hereto. b. In addition to the standard certificate of insurance, proof of general and professional liability coverage shall be.furnished in the.form checked below. Certification of the following proofs -by ,the insurance agent or broker will not be accepted: X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer authorized to so certify. A copy of each policy certified by an officer of the underwriter or carrier and notarized. EXHIBIT B OFFICE OF THE CITY CLERK INTER -OFFICE MEMORANDUM Date: July 21, 1998 TO: Jorge Somoano FROM: Gloria J. Orosdhief Deputy City Clerk RE: Agreement for Professional Consulting Services Raymundo Engineering Co., Inc. Dear Jorge: Attached are two executed agreements By and Between The City of Vernon and Raymundo Engineering Co., Inc. Please forward the attached agreements to Raymundo Engineering Co., Inc. for their signature and have them return one to this office upon completion. Thank you! V DATE: July 30, 1998 TO:' Bruce V. Malkenhorst, City Administrator FROM: Kenneth J. DeDario, Director of Utilities K-94— SUBJECT: Raymundo Engineering Co. Contract Please place the following on the City Council agenda Consideration of a contract between Raymundo Engineering Co. and the City of Vernon to provide design services and engineering advice for gas utility related matters. If you have any questions or comments, please contact me. Thank you for your consideration. KJD:dm Information to be entered when assigning new agreement# to system. CATEGORY (circle one onl : L & P GAS, GENERAL, LICENSE AGREEMENT DEVELOPMENT AGENCY # 1. Approval date: 7 7 ?S #2. Title of Agreement/Contract: 6aA # 1 a. Agreement # #3. Effective Date: (if different from approval date) #4. Expiration Date: (if applicable) °Zd6A00/ #5. Expiration Date: NONE AgamntD ata