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Resolution No. 72185- 11 21 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, 7218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A COLLECTIBLE WORK AUTHORIZATION BY AND BETWEEN THE CITY OF VERNON AND SOUTHERN CALIFORNIA GAS COMPANY FOR THE INSTALLATION OF TWO NEW 10" SERVICE LINES AND TWO METER SET ASSEMBLIES AT BANDINI AND DOWNEY AND DOWNEY AND FRUITLAND WHEREAS, the construction of the Vernon Gas System is nearing completion and the engineering for the last phase of the project is nearly finished; and WHEREAS, in order for the City to distribute gas through its own system a meter installation must be completed which will allow the City to operate its own gas system independent of Southern California Gas Company and said meters must be installed prior to the City installing its regulating stations; and WHEREAS, the City of Vernon -and Southern California Gas Company desire to enter into a Collectible Work Authorization contract to provide for the installation of two new 10" service lines and two meter set assemblies at Bandini and Downey and Downey and Fruitland. 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 Collectible Work Authorization agreement, a copy of which has been presented to the City Council concurrently with this resolution, and the City Council hereby orders said Authorization li 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 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 Authorization for, and on behalf of, the City of Vernon. 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 22"dday of September, 1998. EONIS C. MALUURG, M yor ATTEST • BRUCE V. MALKENHORST, City Clerk -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 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. 7218, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Tuesday, September 22, 1998, and thereafter was duly signed by the Mayor of the City of Vernon. (Seal) -3- BRUCE V. MALKENHORST, City Clerk SUPPORTING DOCUMENTS CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro -Tern Wm. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 DAVID B. BREARLEY City Attorney FAX: (626) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 October 5, 1998 Southern California Gas Company P.O. Box 3249 Los Angeles, CA 90051-1249 Attn: Mr. Alan Royse ML 23F1 Dear Mr. Royse: KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Enclosed herewith are two Collectible Work Authorizations which were approved by the Vernon City Council on September 22, 1998 by Resolution No. 7218. Please sign both documents and return one to the attention of the undersigned as soon as possible. Also, please find enclosed, our check in the amount of $1,200,070 to cover costs for all necessary equipment, materials, ultrasonic meters, fencing, electrical work, labor, overheads, and taxes to install a 10" service line and vaulted MSA at Bandini & Downey and a 10" service line vaulted MSA and a gas chromatograph at Downey and Fruitland. If you have any further questions, feel free to contact Mr. Kevin Wilson, Director of Community Services & Water at Extension 245. Very my yours, oria J. 0 Chief Depu City Clerk GJO:rcw cc: Kevin Wilson Agreement File CHECK WELLS FARGO 68993 CITY OF VERNON FOLIO NUMBER NUMBER 4305 SANTA FEAVENU "qP3 VERNON, CALIFORNIA9005 8112 00;0 u s 00 91=119 CHECKDATE (213) 583-8811 10 THE SUM OF DOLLARS AND CENTS $1 r 200 070.00 VOIDAFTER`90, DAYS PAY To Southern California Gas Co: - THE Attn: Alan Royse ML 2`3F1- ORDER OFP.O. BOX 3249 AUTHO D SIGNATURE -� Los Angeles,, CA 9005•-1249 TREASURER u'06899311• 1:L2210LL9WLv159 28373811' CITY OF VERNON • 4305 SANTA FE AVE. • VERNON, CALIFORNIA 90058-0805 VENDOR NO. VENDOR.NAME DATE CHECK ISSUED CHECK NO. 002183 Southern California Gas eo. 10 6 8 CITY ACCOUNT NUMBER YOUR INVOICE, NO. YOUR `INVOICE -DATE PAYMENT DESCRIPTION DISCOUNT TAKEN NET AMOUNT PAID 056-501-5600-9000 # 40 Meter set installation for Vernon Gas System SS - 10/20/98 $1,200,070.10 40 ` SOUTHERN CALIFORNIA GAS JMPANY — COLLECTIBLE %% _ .1K AUTHORIZATION To: Southern California Gas Company P.O. Box 3249, Mail Location 23F1 Los Angeles, CA 90051-1249 Attention: Kevin Wilson Serial No.: P94203GU File No.:E-98-011 Project Title: City of Vernon Meter Set Assembly Installation The Southern California Gas Company thereafter "Company"), is authorized to alter its facilities, and the City of Vernon thereafter "Purchaser") agrees to reimburse the Company for the cost of the work in connection with the installation of two new 10" service lines and two meter set assemblies. The work contemplated and estimated reimbursable costs are: Company Labor ........... $72,266 Contract ....................$509,584 Non-Labor..................$307,090 C.I.A.C. Tax..................$311,130 TOTAL ..................... $1, 200, 070 IT IS UNDERSTOOD AND AGREED that the above description is general in nature, that this authorization covers all work necessitated by the proposed project, and that deviation from the above description may be made by the Company to meet the practical requirements of installation such as safety, avoidance of substructures, government authority and Environmental Impact Reports when required. Requests for changes in the above described work for the convenience of the Purchaser may be rejected by the Company. if such changes are accepted, the Purchaser agrees to reimburse the Company for the actual cost of such work unless otherwise agreed to in writing. THE ABOVE ESTIMATE IS FURNISHED ONLY FOR THE CONVENIENCE OF THE PARTIES HERETO. IT IS INTENDED To REFLECT THE COMPANY'S GENERAL PAST EXPERIENCE OF THE COST OF SIMILAR WORK UNDER FAVORABLE CONDITIONS. BECAUSE OF UNFORESEEN CONTINGENCIES AND OTHER FACTORS, THE ACTUAL COST MAY BE CONSIDERABLY HIGHER OR LOWER THAN THIS ESTIMATE. THEREFORE, THE ESTIMATE IS NOT TO BE CONSIDERED A WARRANTY BY THE COMPANY OF THE ACTUAL COST. The actual cost, any agreed unit cost or any firm estimate shall include overhead costs contained in the Company's appropriate billing formula. Payment is due and payable upon presentation of a bill to City of Vernon In case of default or delay in payment, City of Vernon shall pay to the Company all costs and expenses incurred in the collection of any sum due, Including attorneys fees and court costs. A deposit of S1,200,070 has been made by the Purchaser as payment toward all costs to be Incurred by the Company for work performed pursuant to this agreement. Purchaser agrees to pay, upon presentation, each billing issued for work completed and to make additional advance deposits of $0 each whenever the Company determines the cost of the work completed has substantially equaled the amount deposit. If actual cost exceeds the deposit(s), the Purchaser shall pay the Company the difference; if the total cost is less than the deposit(s), then the Company shall refund the difference. The Purchaser agrees that any excavation made by him that is to be entered by Gas Company employees, agents or subcontractors in performing the work covered by this agreement shall conform to all requirements of State of California Construction Safety Orders, particularly the provisions of Article 6, Section 1539 through 1547, which relate to the safe construction of trenches and excavations. The Purchaser further agrees to take all reasonable care in protecting the Gas Companys property from damage, including the use of procedures which will not place undue strain on pipes during excavation and backf III or cause damage to pipe protective coatings. The Purchaser shall also indemnify the Gas Company against, and save and hold It harmless from, any and all liability, claims, demands, damages and costs of every kind and nature for Injury to or death of any and all persons, Including without limitation, employees or representatives of the Gas Company or of the Purchaser, or of any other person or persons, and for damage, destruction or loss, consequential or otherwise, to or of any and all property, real or personal, including, without limitation, property of the Gas Company or of the Purchaser, or of any person or persons, resulting from or in any manner arising out of or in connection with the performance of the work under this contract. The Purchaser shall, also, upon request by the Gas Company, and at no expense to the Gas Company, defend the Gas Company in any and all suits, concerning such injury to or death of any and all persons, and concerning such damage, destruction or loss, consequential or otherwise, to or of any and all property, real or personal, including, without limitation, suits by employees or representatives of the Gas Company or of the Purchaser, or any other person or persons. Excluded from this paragraph are only those Injuries to or deaths of persons and damage, destruction or loss, to or of property arising from the sole negligence or willful misconduct of the Gas Company or Its employees or representatives. The undersigned hereby represents that they are authorized to execute this agreement on behalf of any corporation, partnership or other association hereinabove named. Agreed to and accepted this day of ,19 SOUTHERN CALIFORNIA GAS COMPANY By For City of Vernon Attest: City Clerk Ti C11 ;.... 3011-D CITY ADMINISTRATOR/CITY CLERK'S INTER -OFFICE MEMORANDUM DATE: January 23, 2003 TO: Jorge Somoano, Deputy Director of Utilities FRO Nelly Giron Assistant to the Chief Deputy City Clerk RE: Resolution No. 7218 Per your request, transmitted herewith is a copy of the above mentioned resolution, approved by City Council on September 22, 1998. gm CC: " r