Resolution No. 100711
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 10,071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT WITH DENNIS D. ROCK CONSTRUCTION/11T
ALERT, DIVISIONS OF LENSARO, INC. FOR REPLACEMENT
OF FOOT VALVE AND HOUSING IN TANK NO. 2 LOCATED AT
CITY YARD FACILITY
WHEREAS, the City Yard fueling station consists of two
premium unleaded tanks and one diesel pump; and
WHEREAS, the vast majority of the City's fleet vehicles use
unleaded fuel; and
WHEREAS, unleaded premium pump #2 has a leak in the foot
valve; and
WHEREAS, Dennis D. Rock Construction/1st Alert, Divisions of
Lensaro, Inc., ("Rock") has performed services for the City in the
past relating to the fuel tanks in the City Yard and therefore can
provide the repair services required by the City in a more efficient
and effective manner; and
WHEREAS, Rock has submitted a proposal dated May 31, 2009,
(the "Agreement"), to perform the removal and replacement of UST Foot
Valve and Housing for the sum of $3,200.00 plus any applicable permit
fees or any other costs associated with the securing of permits from
required agencies; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to accept the Agreement with Rock because.Rock can provide
repair services in an efficient and effective manner for the City of
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
Vernon.
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 Agreement with Rock, a copy of which is attached hereto
as Exhibit A and incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, 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
action is 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 her designee, to send an executed Agreement
to Rock.
- 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
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
her certification to be entered in the Book of Resolutions of the
Council of this City.
APPROVED AND ADOPTED this 28th day of September, 2009.
Name: Hilario Gonzales
Title: Mayor /-Way
ATTEST:
96'4'w�
M NUELA GIRO C ty Clerk
- 3 -
1 STATE OF CALIFORNIA )
2 ss
COUNTY OF LOS ANGELES )
3
4 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
5 certify that the foregoing Resolution, being Resolution No. 10,071, was
6 duly passed, approved and adopted by the City Council of the City of
7 Vernon at a regular meeting of the City Council duly held on Monday,
8 September 28, 2009, and thereafter was duly signed by the Mayor or
9 Mayor Pro-Tem of the City of Vernon.
10 Executed this W"-'-day of September, 2009, at Vernon, California.
11
12
A—maUELA GIRON, ity Clerk
13
14 (SEAL)
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
EXHIBIT A
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Atten: Bob Kipness
Dear.
RISK MANAGEMENT DEPT
Contained herein is the quote that you requested for the replacement of the foot valve and
housing in tank 42 located at your City Yard facility.
Dennis D. Rock Construction/ I st Alert; divisions of Lensaro Inc.., a California Corporation,
(referred to herein as "Contractor") will provide all labor, and associated equipment to
accomplish the following scope of work.
SCOPE OF WORK Remove.and replacement of UST foot Valve including:
• Notification of all required agencies, i.e. County, City, Fire Dept., Dept. of Public Works,
Waste Management, Underground Tank Unit, Dig. Alert, etc. Preparation of all
documentation required and the securing of all permits from all agencies, including the
costs of, drawings, prints, plan check submittals and resubmittals, permits, fees, and all
permit administration time are not included in this scope of work.
• Preparation of appropriate fuel line.
• Drainage of fuel from fuel line.
• Removal of existing.foot valve and housing.
• Removal of existing hard piping from coaxial fuel flex line to housing.
• Installation of new foot -valve and housing.
• Installation of stainless steel. flex fuel line from housing to coaxial flex fuel line.
• Test valve and prime island pump.
BID PRICE
$3200.00
The scope of work shall be completed within days of the execution of this Agreement by
the City of Vernon.
A SIGNATURE OF THIS CONTRACT AND A COMPLETED PURCHASE ORDER OR
EQUIVALENT WILL BE CONSIDERED AS A SIGNED ACCEPTANCE, THIS
CONTRACT MUST BE SIGNED AND WILL BECOME PART OF ANY OTHER
CONTRACT PROVIDED BY CLIENT AND ALL CONDITIONS OF THIS CONTRACT
WILL TAKE PRECEDENCE-'. BALANCE OF THE CONTRACT PRICE AND ALL EXTRAS
INVOICED ARE DUE WITHIN DAYS OF COMPLETION ,OF THIS SCOPE OF WORK
OR THE ISSUANCE OF 1'HE'(`FINAL INVOICE, WHICHEVER IS THE SOONER.
DT
INVOICES SHALL BE IN A DORM SATISFACTORY T THE CITY OF VERNON AND
SHALL CONTAIN REASONABLE DOCUMENTATI OF ANY COSTS BILLED TO
CITY. BALANCES DUE AND NOT PAID WITHIN.DAYS OF INVOICING WILL BE
DEEMED IN BREACH OF CONTRACT. BALANCES NOT PAID IN FULL WITHIN THE
-4.57DAY TIME PERIOD WILL INCUR AN ADDED ON C14ARGE OF 1 1/2% PER MONTH
CALCULATED AGAINST THE OUTSTANDING BALANCE. THERE WILL BE NO
RETENTION BY CLIENT OF ANY PERCENTAGE OF AMOUNTS INVOICED.
UNRESOLVED DISPUTES WILL BE ADJUDICATED IN A COURT OF LAW AND NOT
BY ARBITRATION, 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.
UNDUE DELAYS CAUSED BY OTHERS DURING IMPLEMENTATION OF THIS SCOPE
OF WORK MAY NECESSITATE A CHANGE ORDER DUE TO THE DELAY. NO
C14ANGE ORDER SHALL BE EFFECTIVE UNLESS SIGNED BY ALL PARTIES.
CONTRACTOR RETAINS ALL SALVAGE RIGHTS.
Cost of all permits, permit administration time, fees, safety plans, and safety equipment, (unless
specifically included in the above scope of work) will be invoiced at cost plus a 1 S% profit.
Contractor shall obtain approval before incurring such costs if the total of such costs, including
profit, exceeds $ �'$rices quoted herein do not include removal from the jobsite of any
hazardous, regulated, or contaminated material including sludges and solids generated, -
discovered or uncovered as a result of washing and rinsing, drilling, excavation, testing, or
remediation unless specifically bid within the scope of work delineated above. If underground
hazards such as documented or undocumented foundations, basements, product lines, electrical,
natural gas lines, surface or subsurface storm drain, sewer or other utilities, rock or ledge rock
debris, unstable baekfill cave in, underground water, perched or other--Atise (water monitoring
wells excepted if specifically bid), interfere with proposed borings, excavation areas, the taking
of under tank samples by backhoe, demolition areas or other scopes of work, cost of removal or
remediation and repair shall be borne by client as an extra on this job pursuant to a change order
executed by both parties. Unless specifically included in the above bid, and if necessary, the
client is responsible ` to obtain any required asbestos and or lead survey and
abatement/remediation services, and provide to this Contractor the results of any and all surveys
and abatement/remediation documentation.
OUR INSURANCE COVERAGE IS FOR $3,000,000.00 AND WE ARE SPECIFICALLY
INSURED FOR THIS SCOPE OF WORK, INCLUDING, BUT NOT LIMITED, TO
$2,000,000.00 OF POLLUTION AND ENVIRONMENTAL LIABILITY COVERAGE. THE
CLIENT SHALL BE NAMED AS AN ADDITIONAL INSURED,' AS RESPECTS THIS
PROJECT, AT NO ADDITIONAL CHARGE,
Assignment. This Agreement shall not be assigned in whole or in part, by Contractor without the prior
written approval of the City. Any attempt by the Contractor to so assign this Agreement or any rights,
duties or obligations arising hereunder shall be void and of no effect.
yindemnification. Contractor- agrees to indemnify, hold harmless and defend -the City, City Council and
each member thereof, and every officer, employee and agent of the City, from any claim, liability or
SnancM.I #including, but itaften, attoracys fem arA`Acosts) .arising from any intentional,
reckless} <w4ligent _or-irtherwise wron&l acts, errors or omissions . of -the Contractor or any person
employed -by Contractorin the performance of this Agreement.
Thank you for the opporuinity to prepare this proposal for you and I am looking forward to
working with..you. If.questions�hould kerning. this bid please call.
A=ptame Sincerely,
Date — 09
* Engineering -and consrulting firms must provide certificate of E & O coverage.
ATMSTED BY:
Manuela Giron, City Clerk
CITY OF VERNON
BY:
NAME: Donal O'Callaghan
TITLE: City Administrator
DATE:
M
OFFICE OF THE CITY CLERK
INTER -OFFICE 14MORANDUM
DATE: September 28, 2009
A• Martha Valenzuela, Director of Business Services/Personnel
FROM: Nelly Giron, City Clerk
RE: Resolution No. 10,071 -.Approving the Agreement with Dennis
D.Rock.
For your transmittal, attached hereto is an original signed agreement
and a copy of the resolution referenced above approved by the City
Council on September 28, 2009. Also attached are copies of the
resolution and agreement for your file.
cc: Kevin Wilson
Resolution No. 10,071
Agreement File No. 09-119
p(
City of Vernon NV W3M09
4305 Santa Fe Avenue
Vernon, CA 90058 RISK MANAGEMENT DEPT
Atten: Bob Kipness
Dear. --- -
Contained herein is the quote that you requested for' the replacement of the foot valve and
housing in tank #2 located at your City Yard facility.
Dennis D. Rock Construction/lstAlert, divisions of Lensaro Inc., a California Corporation,
(referred to herein as "Contractor") will provide all labor, and associated equipment to
accomplish the following scope of work.
SCOPE OF WORK Remove and replay ement of UST foot Valve including:
Notification of all required agencies, i.e. County} City, Fire Dept., Dept. of Public Works,
Waste Management, Underground Tank Unit, Dig. Alert, etc. Preparation of all
documentation required and the securing of all permits from all agencies, including; the
costs of, drawings, prints, plan check submittals and resubmittals, permits, fees, and all
permit administration time are not included in this scope of work. -
• Preparation of appropriate fuel line.
• Drainage of fuel from fuel Fine._
+ Removal of existing foot valve and housing.
Removal of existing hard piping from coaxial fuel flex line to housing,
• Installation of new foot valve and housing..
+ Installation of stainless steel. flex fuel line from housing to coaxial flex fuel line.
+ Test valve and prime island pump,
BID PRICE $3200.00
The scope of work shall be completed within days of the execution of this Agreement by
the City of Vernon.
A SIGNATURE OF THIS CONTRACT AND A COMPLETED PURCHASE ORDER OR
EQUIVALENT WILL BE CONSIDERED AS A SIGNED ACCEPTANCE. THIS
CONTRACT MUST BE SIGNED AND WILL BECOME PART OF ANY OTHER
CONTRACT PROVIDED BY CLIENT AND ALL CONDITIONS OF THIS CONTRACT
WILL TAKE PRECEDENCE. BAL NCE OF THE CONTRACT PRICE AND ALL EXTRAS
INVOICED ARE DUE WITHIN WDAYS OF COMPLETION OF THIS SCOPE OF WORK
OR THE ISSUANCE OF THETFINAL INVOICE, WHICHEVER IS THE SOONER.
3��
12-
INVOICES SHALL BE IN A FORM SATISFACTORYE, CITY OF VERNON AND
SHALL CONTAIN REASONABLE DOCUMI-'1NTA'I10/10T1!-I ANY COSTS BILLED TO
CITY. BALANCES DUE AND NOT PAID WITHIN —IS -DAYS OF INVOICING WILL BE
DEEMED IN BREACH OF CONTRACT. BALANCES NOT PAID IN FULL WITHIN THE
—V-fDAY TIME PERIOD WILL INCUR AN ADDED ON CHARGE OF 1 1/2% PER MONTH
tDk CALCULATED AGAINST THE OUTSTANDING BALANCE. THE -RE WILL BE NO
RETENTION BY CLIENT OF ANY PERCENTAGE- OF AMOUNTS INVOICED.
UNRESOLVED DISPUTES WILL 13E ADJUDICATED IN A COURT OF LAW AND NOT
BY ARBITRATION. in tile event fliat either party coniniences any legal action or proceeding to
enforce or interpret the provisions of this Agreenient, 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 inay be
sought and awarded.
UNDUE DELAYS CAUSED BY OTHERS DURING IMPLEMENTATION OF THIS SCOPE
OF WORK MAY NECESSITATE A CHANGE ORDER DUE TO THE DELAY. NO
CHANGE ORDER SHALL BE EFFECTIVE UNLESS SIGNED BY ALL PARTIES.
CONTRACTOR RETAINS ALL SALVAGE RIGHTS.
Cost of all permits, permit administration tinie, fees, safety plans, and safety equipment, (unless
specifically included in the above scope of work) will be invoiced at cost plus a 15% profit.
Contractor shall obtain approval before
incurring such costs if the total of such costs, including
profit, exceeds $Mb`'�rwccs quoted herein do not include removal from the jobsite of any
hazardous, regulated, or contaminated material including sludges and solids generated,
discovered or uncovered as a result of washing and rinsing, drilling, excavation, testing, or
rernediation unless specifically bid within the scope of work delineated above, If underground
hazards such as documented Or Undocuniented foundatiODs, basements, product lines, electrical,
natural gas lines, surface or subsurface storm drain, sewer or other utilities, rock or ledge rock
debris, unstable backfill cave in, underground water, perched or otherwise (water monitoring
wells excepted if specifically bid), interfere with proposed borings, excavation areas, the taking
of under tank samples by backlioc, demolition areas or other scopes or work, cost of removal or
remediation and repair shall be borne by client as an extra on this job pursuant to a change order
executed by both parties. Unless specifically included in the above bid, and if necessary, the
client is responsible to obtain any required asbestos and or lead survey and
abatement/remediation services, and provide to this Contractor the results of any and all surveys
and. abatementhemediation docunientation.
OUR INSURANCE COVERAGE- IS FOR $3,000,000.00 AND WE ARE SPECIFICALLY
INSURED FOR THIS SCOPE OF WORK, INCLUDING, BUT NOT LIMITED, TO
$2,000,000.00 OF POLLUTION AND ENVIRONMENTAL LIABILITY COVERAGE. THE
CLIENT SHALL BE NAMED AS AN ADDITIONAL INSURED,* AS RESPECTS THIS
PROJECT, AT NO ADDITIONAL Cl-IARGE',
Assia gninent. This Agreement shall not be assigned in \vhole or in part, by Contractor without the prior
written approval of the City. Any attenipt by the Contractor to so assign this Agrecnicia or any rights,
duties or obligations arising lieretinder sliall be void and or no effect.
Indemnification. Contractor agrees to indemnify, hold barmiess and defend the City, City Council and
each member thereof, and every officer, employee and agent of the City, from any claim, liability or
Snan
ciao bus (including, 1without'limitation, -=attorneys ° een- ant --costs) arising- from any intentional,
'reckless, iw4ligent, or utkrwise wrongful acts, errors or omissions of -the Contractor or any person
employed -by Contractor in the performance of this Agreement.
Thank you for the opportunity to prepare this proposal for you and I am looking forward to
working with:.you. If questions -should 'se concerning this bid please call.
7
Acceptance Sincerely,
Date �� - 0
* Engineering_and consUlting firms must provide certificate of E & O coverage.
A, 'IUD BY: CITY OF
-1 0NAME: Donal O'Callaghan
Manuela Giron, Ctty erk TITLE: City Administrator
DATE: ' 5
-3-
Page 1 of 1
Juarez, Debbie
From: Barcia, Ana
Sent: Tuesday, September 29, 200913:43 PM
To: Juarez, Debbie
Subject: RE: Dennis D. Rock Construction - Insurance Inquiry - Approved 09-28-09 Resolution No. 10,071
Hi Debbie,
Current insurance is on file for this project.
Thank you,
Ana Barcia
City of Vernon
Risk Management Department
T: 323) 583-8811 ex 286
F: 323) 826-1439
abarcia@ci.vemon.ca.us
From: Juarez, Debbie
Sent: Tuesday, September 29, 2009 10:37 AM
To: Barcia, Ana
Subject: Dennis D. Rock Construction - Insurance Inquiry - Approved 09-28-09 Resolution No. 10,071
Hi Ana. Does the above -referenced have acceptable insurance? Thanks.
---------------------------------------------------------
IDe6orah Juarez
9?§cords WanagementAssistant
City of Vernon - City Cferk's Office
4305 Santa Fe Avenue
Vernon, CA 90058
(323) 583-8811
9/29/2009
API'ItpU o 2' '09 CifY COUNCIL
t), 0 '71
STAFF REPORTI� o�
PURCHASING DEPARTMENT
DATE: September 10, 2009
TO: Honorable Mayor and City Council
FROM: Martha Valenzuela, Director of Business Services/Personnel
RE: Dennis D. Rock Construction — UST Foot Valve Replacement of Tank
#2 Proposal
Attached you will find a Service Contract from Dennis D. Rock
Construction, and a pending purchase order for the requested services for
Community Services. This request was submitted for your review on
July 15, 2009, and was initially approved. and forward to the Mayor and
City Council for review and approval.
On July 27, 2009, this item was removed from the City Council Agenda,
and was deferred from further processing.
Purchasing recently received an inquiry from Kenny Jackson (Utilityman,
III) regarding the status of this request. Currently, the City Yard fueling
station consists of (2) premium unleaded tanks, and (1) diesel pump.
Unleaded premium pump #2 is not being utilized because it has a leak in
the foot valve.
Another point is the vast majority of the City's fleet vehicles use unleaded
fuel. With only one unleaded fuel tank in operation, Community Services
has increased the occurrence and quantity of fuel purchases.
The cost to remove and replace the UST* foot valve and housing was
quoted at $3,200.00 on May 31, 2009. Purchasing contacted Dennis Rock
to inquire if the cost for the service would increase. Mr. _Rock has advised
that the price is firm.
SEP 2 3 ?009
B`Y':
Purchasing respectfully requests that you and the City Council reconsider
this request to approve the agreement with Dennis D. Rock Construction
to replace the foot valve and housing for fuel tank #2.
Attachments
*Underground Storage Tank