Resolution No. 77912
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RESOLUTION NO. 7791
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF
VERNON AND LITTLEJOHN-REULAND CORPORATION FOR
MACHINERY AT THE VERNON POWER PLANT
WHEREAS, the City of Vernon ("Vernon") owns and operates its
own electric generation and distribution system for use by its
inhabitants; and
WHEREAS, Vernon is in the process of developing a Combined
Cycle Power Plant to increase the generation capacity of its electric
system in order to meet the City's energy needs; and
WHEREAS, due to the high demand to.be placed on the diesel
units and in order to keep the units running without interruption for
repairs, Vernon's Utilities Department needs the services of a vendor
to perform electrical preventative maintenance and equipment repair on
machinery at the Vernon Power Plant; and
WHEREAS, Littlejohn-Reuland Corporation ("Littlejohn")
submitted a proposal to Vernon dated May 30, 2001; and
WHEREAS, Vernon's Utilities Department advises that
Littlejohn is the only local vendor that can provide the preventative
maintenance and repair services that meet the Department's
specifications and requirements; and
WHEREAS, on June 18, 2001, the Finance Committee recommended
that the City Council approve the recommendation of Bruce V.
Malkenhorst, the Director of Finance, dated June 14, 2001, that the
services of Littlejohn be retained to provide electrical preventative
maintenance on the machinery at the Vernon Power Plant at an annual
1 cost not to exceed Fifty Thousand Dollars and No Cents($50,000.00); and
2 WHEREAS, the City Council of the City of Vernon has
3 determined that, pursuant to the provisions of Subsection (a) of
4 Section 2.27 of the Vernon City Code, it is in the public interest and
5 necessity to enter into an agreement with Littlejohn for electrical
6 preventative maintenance of machinery at the Vernon Power Plant.
7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
8 CITY OF VERNON AS FOLLOWS:
9 SECTION 1: The City Council of the City of Vernon hereby
10 finds and determines that the recitals contained hereinabove are true
11 and correct.
12 SECTION 2: The City Council of the City of Vernon hereby
13 approves the Maintenance Agreement with Littlejohn, a copy of which
14 has been presented to the City Council concurrently with this
15 resolution, and the City Council hereby orders said Agreement to be
16 received and filed by the City Clerk.
17 SECTION 3: The City Council of the City of Vernon hereby
18 authorizes the Mayor and the City Clerk to execute said Agreement for,
19 and on behalf of, the City of Vernon.
20 SECTION 4: The City Council of the City of Vernon hereby
21 directs the City Clerk, or his designee, to send one fully executed
22 Agreement to:
23 Littlejohn-Reuland Corporation
Attn: Rick Pena, President
24 4575 Pacific Blvd.
25 Los Angeles, CA 90058
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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 ADOPTED this 20th day of June, 2001.
ATTEST:
X<�' ;"'4� - -
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MALB RG, Ma r
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1 STATE OF CALIFORNIA )
2 ) ss
COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 7791, was duly adopted by the City Council of the City of Vernon at a
7 regular meeting of the City Council duly held on Wednesday, June 20,
8 2001, and thereafter was duly signed by the Mayor of the City of
9 Vernon.
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BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
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MAINTENANCE AGREEMENT
THIS AGREEMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered and used
as the original hereof for all purposes, as of this day of June,
2001, in the City of Vernon, County of Los Angeles, California
BY AND BETWEEN THE CITY OF VERNON
(hereinafter referred to as
the "City")
4305 Santa Fe Avenue
Vernon, CA 90058
AND LITTLEJOHN-REULAND CORPORATION
(hereinafter referred to as
"Littlejohn")
4575 Pacific Boulevard
Los Angeles, CA 90058
RECITALS
WHEREAS, due to the high demand to be placed on the diesel
units, the City's Utilities Department requires the services of a
vendor to perform preventative maintenance and repair services in
order to keep the units running without interruption; and
WHEREAS, Littlejohn submitted a proposal to the City dated
May 30, 2001 (the "Proposal") that includes a description of proposed
services and a cost estimate for maintenance and repair services; and
WHEREAS, Littlejohn represents that it is qualified to
perform such services and is willing to render such maintenance and
repair services as hereinafter defined; and
WHEREAS, the City desires toengagethe services of
Littlejohn for maintenance and repair services on the machinery at the
Vernon Power Plant.
1 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
2 FORTH HEREIN:
3 1. SCOPE OF SERVICES.
4 Littlejohn shall perform the services outlined in the
5 Proposal, a copy of which is attached hereto as Exhibit "A" and
6 incorporated herein by reference. It is understood and agreed that in
7 the event of a conflict between the Proposal and this Agreement, the
8 terms of this Agreement shall prevail.
9 2. PROGRESS REPORTS.
10 Littlejohn shall,meet with City staff, upon City's request,
11 or as needed, in order to provide reports or information concerning
12 the services being performed by Littlejohn under this Agreement.
13 3. TIME OF PERFORMANCE.
14 Littlejohn's services shall commence on July 1, 2001 and
15 shall continue to June 30, 2002, unless the Agreement is terminated.
16 4. COMPENSATION.
17 A. The City will compensate Littlejohn for
18 maintenance and repair services pursuant to the Proposal. The total
19 annual amount to be paid to Littlejohn under this Agreement shall not
20 exceed an annual total of Fifty Thousand Dollars and No Cents
21 ($50, 000.00) .
22 B. Other Expenses. Other expenses not identified
23 in the Proposal may only be billed if advance written approval has
24 been obtained from the City Administrator.
25 5. METHOD OF PAYMENT.
261 Littlejohn shall submit within thirty (30) days after the
27 last day of any month in which services have been performed or costs
28 incurred hereunder an invoice to the City. Invoices shall contain an
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1 itemization of services rendered, directly related job expenses and
2 subcontract charges incurred by Littlejohn and for which compensation
3 is due. Littlejohn shall be responsible for paying any subcontractors
4 used in the performance of this Agreement. Subcontractors shall not
5 bill the City directly.
6 Payment of the invoice shall be made after acceptance and
7 approval by the City within thirty (30) days of receipt. The City's
8 approval of the invoice shall not be unreasonably withheld.
9 6. CHANGES AND EXTRA SERVICES.
10 The City reserves the right to request changes in the
11 services to be performed by Littlejohn. All such changes shall be
12 incorporated in written change orders executed by the City and
13 Littlejohn which shall specify the changes ordered and the adjustment
14 of compensation and completion time required thereof.
15 Any services added to the scope of this Agreement by a change
16 order shall be executed under all applicable conditions of this
17 Agreement. No claim for additional compensation or extension of time
18 shall be recognized unless contained in a duly executed change order.
19 7. PRODUCTS OF CONSULTING.
20 All documents, data, databases, studies, surveys, drawings,
21 maps, models, photographs and reports prepared by Littlejohn under
22 this Agreement shall be considered the property of the City. Such
23 documents and materials shall be delivered to the City by Littlejohn
24 as they are generated; however, Littlejohn may take and retain copies
25 of such documents and materials as desired.
26 8. Termination. This Agreement may be terminated by the
27 City without cause on ten (10) days written notice to Littlejohn. In
281 the event of such termination by the City, Littlejohn shall be
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1 entitled to only the compensation earned by it prior to the date of
2 the termination notice, plus compensation for necessary work performed
3 during the ten (10) day notice period and authorized in the
4 termination notice.
5 9. NOTICES. Notices to the parties, unless otherwise
6 requested in writing, shall be sent to:
7 City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
8 CITY ADMINISTRATOR
9 4305 SANTA FE AVENUE
VERNON, CA 90058-0805
10 Littlejohn: LITTLEJOHN-REULAND CORPORATION
11 ATTN: RICK PENA, PRESIDENT
P.O. BOX 58487
12 LOS ANGELES, CA 90058
13 10. CONFIDENTIAL INFORMATION.
14 A. Access to Confidential Information. The City may
15 provide Littlejohn with, or allow Littlejohn access to, certain
16 information not available to the public concerning the City, or
17 businesses located in the City. The information may include company
18 information, taxes, sales, value of assets, or other such information.
19 All such information shall be known as "Confidential Information."
20 B. No Disclosure. Except as expressly permitted,
21 Littlejohn shall not disclose, permit the disclosure of, release,
22 disseminate, or transfer, whether orally or by any other means, any
23 part of such Confidential Information to any other person or entity,
24 whether corporate, governmental, or individual, without the express
25 prior written consent of an authorized representative of the City.
26 Littlejohn shall return any written Confidential Information and all
27 copies made of such items to the City upon the City's written request,'
28 but in any event not later than the date that Littlejohn has performed
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1 all services to be performed pursuant to this Agreement. Littlejohn
2 hereby agrees that such Confidential Information and any documents
3 provided may be used by Littlejohn only as authorized by the City.
4 Littlejohn shall take reasonable measures to avoid any disclosure of
5 any such Confidential Information to any unauthorized person.
6 C. Court Ordered Disclosure. Littlejohn shall
7 immediately notify the City of any court order or subpoena requiring
8 disclosure of Confidential Information, and shall cooperate with legal
9 counsel in the appeal or challenge of any -such order or subpoena.
10 Recipient may only disclose Confidential Information required to be
11 disclosed pursuant to court order or subpoena after legal counsel has
12 exhausted any lawful and timely appeal or challenge.
13 D. Remedies. In addition to any other remedies that
14 it may have at law or in equity, the City shall be entitled to a
15 temporary and permanent injunction by a court of competent
16 jurisdiction against any breach or threatened breach of the
17 Confidential Information provisions of this Agreement. Littlejohn
18 acknowledges that in case of such breach or threatened breach of said
19 provisions, the City would have no adequate remedy at law.
20 11. GENERAL PROVISIONS.
21 A. Independent Contractor. At all times during the
22 term of this Agreement, Littlejohn shall be an independent contractor
23 and shall not be an employee of the City. The City shall have the
24 right to control Littlejohn only insofar as the results of
25 Littlejohn's services rendered pursuant to this Agreement; however,
26 the City shall not have the right to control the means by which
27 Littlejohn accomplishes services rendered pursuant to the Agreement
28 except to the extent that such services involve the use of City
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1 property or Confidential Information.
2 B. Littlejohn Not Agent. Except as the City may
3 specify in writing, Littlejohn shall have no authority, express or
4 implied, to act on behalf of the City in any capacity whatsoever as an
5 agent. Littlejohn shall have no authority, expressed or implied,
6 pursuant to this Agreement to bind the City to any obligation
7 whatsoever.
8 C. Indemnification. Littlejohn shall indemnify,
9 defend, protect and hold the City and its officers, agents and
10 employees, free and harmless from and against any and all claims,
11 demands, losses, damages, liabilities, fines, charges, penalties,
12 orders, judgments and all costs and expenses incurred in connection
13 therewith, including reasonable attorney's fees and costs of defense
14 arising out of the negligent services performed under this Agreement,
15 except to the extent arising from or caused by the negligence or
16 willful misconduct of the City, its officers, agents or employees.
17 D. Insurance. Prior to commencing work hereunder,
18 Littlejohn shall provide the City with proof of insurance providing
19 and maintaining the coverages and endorsements set forth in the
20 Insurance Schedule attached hereto as Exhibit "B" and made a part
21 hereof by reference. Said proof of insurance shall also provide that
22 said policy or policies shall not be canceled or materially reduced in
23 coverage without giving at least thirty (30) days prior written notice
24 to the City. Littlejohn shall not permit a subcontractor or vendor to
25 perform work.on City premises unless and until a certificate of
26 insurance is obtained showing that such subcontractor or vendor has
27 worker's compensation coverage.
28 If Littlejohn employs subcontractors as part of the
1 services rendered, Littlejohn's protective coverage is required.
2 Littlejohn may include all subcontractors as insureds under its own
3 policy or shall furnish separate insurance for each subcontractor,
4 meeting the requirements set forth herein.
5 E. Governing Law. The validity, interpretation and
6 performance of this Agreement shall be controlled and construed under
7 the laws of the State of California.
8 F. Assignment and Subcontracting Prohibited. No
9 party to this Agreement may assign or subcontract any right or
10 obligation pursuant to this Agreement except with the express written
11 consent of the other party. Any other attempted or purported
12 assignment of any right or obligation pursuant to this Agreement shall
13 be void and of no effect.
14 G. Amendments. This Agreement may be modified or
15 amended only by a written document executed by both Littlejohn and the
16 City and approved as to form by the City Attorney.
17 H. Entire Agreement. This Agreement is the entire
18 agreement of the parties. Littlejohn represents that in entering into
19 this Agreement, it has not relied on any previous representations or
20 understandings of any kind or nature.
21 1. Benefit of Agreement. This Agreement shall bind
22 and benefit the parties hereto and their heirs, successors, and
23 permitted assigns.
24 J. Forum Selection. Any action brought relating to
25 this Agreement shall be brought and held exclusively in a State Court
26 in the County of Los Angeles, California.
27 K. Recitals. All recitals are incorporated by
28 reference.
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1 L. Waiver. Any waiver at any time by either party
2 of its rights with respect to a default under this Agreement, or with
3 respect to any other matters arising in connection with this
4 Agreement, shall not be deemed a waiver with respect to subsequent
5 default or other matter.
6 M. Force Majeure. Neither -Party shall be considered
7 in to be in default in any of its obligations under this Contract when
8 a failure of performance shall be due to an uncontrollable force. The
9 term "uncontrollable force" shall mean any cause beyond the control of
10 the party affected, including, but not restricted to, flood,
11 earthquake, storm, fire, lightening, epidemic, war, riot, civil
12 disturbance or disobedience, labor dispute, labor material shortage,
13 sabotage, federal, state, or municipal action, statute, ordinance, or
14 regulation, embargoes of the United States Government or any other
15 government, which by exercise of due diligence such party could not
16 reasonably have been expected to avoid and by exercise of due
17 diligence has been unable to overcome. Either party rendered unable
18 to fulfill any of its obligations under this Agreement by reason of an
19 uncontrollable force, shall give written notice within five (5)
20 Business Days of such fact to the other party and shall exercise due
21 diligence to remove such inability with all reasonable dispatch.
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed by and through their authorized officers on the date,
month and year first written above.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
CITY OF VERNON
By:
LEONIS C. MALBURG, Mayor
LITTLEJOHN-REULA�NDD CORPORATION
BY:
Title:
By: /ll
Title: 6vio .5,ete.c"f�•
EXHIBIT
n
Litt lejohn-Reuland �Corporation�1 Calif. Contractors
Established 1926 License 4418-C10
4575 PACIFIC BOULEVARD • P.O. BOX 58487 • LOS ANGELES, CALIFORNIA 90058
TEL. 323/587-5255 • FAX. 323/581-8385
MOTORS
AND
CONTROL
LARGESTOCK
NEW AND REBUILT May 30, 2001
GUARANTEED
MOTORS AND CONTROL
WESTINGHOUSE
DISTRIBUTION
City of Vernon
Department of Light & Power
4305 Santa Fe Avenue
Vernon, CA 90058
REWINDING
AND Attn: Mr. Manuel G. Garcia, Systems Manager
REPAIRING
OUR REPAIR SHOP
IS COMPLETE
24-HOUR Re: Electrical Capabilities
REPAIR SERVICE
Dear Mr. Garcia,
Littlejohn-Reuland Corporation has been in business since 1926, serving all industries and
INDUSTRIAL is one of the largest electric motor rewind and repair facilities on the West Coast, offering
POWER & LIGHT the most complete service.
WIRING
ENGINEERING STAFF
ESTIMATORS
AND ELECTRICIANS We operate 24 hours a day, 7 days a week, never closing, in order to provide the service
AVAILABLE
that is necessary for our customers to operate with the minimum downtime.
Services We Provide
1. Electric Motor Repair: We pride ourselves on being capable of repairing any type unit,
SERVICE DEPARTMENT including pumps, gear units, AC and DC motors, generators, spindle motors, router
EXPERT ELECTRICIANS
AND REPAIRMAN motors, variable frequency motors, etc.
AVAILABLE UR 2. Machine ShM. Complete machine shop facilities on our premises, including dynamic
HOURS PER balancing, metal spraying, welding, making new shafts, etc.
EVERY DAY OFF
THE YEAR
3. Troubleshooting: Outside service crew for electrical trouble -shooting and repair o
electrical equipment at your, site.
4. Electrical Contracting;: A fully staffed electrical construction crew and engineering
services are available for installation and connection of new and used equipment. Both
large and small projects are welcome.
5. New Motor Sales: A large, complete stock of new electric motors, brakes and gear
boxes. Distributors for Baldor, Lincoln, Sterling, Century and Reuland.
Continued on page 2
City of Vernon
Attn: Mr. Manuel G. Garcia
May 30, 2001 - Page 2
6. New Motor Controls: Motor starters, circuit breakers, relays, conduit, wire, fittings,
controls and miscellaneous electrical parts.
7. Delivery and Pick un: All pick ups and deliveries for the City of Vernon will be free of
charge. These services are available 24 hours a day, 7 days a week. We have (6) radio
dispatched trucks to perform these services.
8. Warranty Service: We provide service and warranty repairs for most major motor
manufacturers, including Baldor, Century, ABB, Lincoln, Sterling, U.S., etc.
9. Reportini services: Work and test reports can be furnished for all work which was
performed along with the standard cause of failure reports.
10. Vibration Anal Mechanical vibration analysis for virtually any rotating equipment
to determine the cause of all vibrations whether they are normal or destructive.
11. Preventative Maintenance: Data collection of vibration and trending can predict
bearing failures and misalignment of rotating equipment.
12. Laser Alignment: Alignment of rotating equipment is crucial to the operation of all
direct coupled equipment, the closer the tolerance of alignment the less vibration and
wear on the bearings.
13. Field Balancing: The balance of rotating machinery is vital to the machines longevity.
When it is not practical to remove the equipment we are qualified to perform
balancing in the field.
14. Field Testiniz: Service personnel are dispatched to the owner's facility to test electrical
motors before they are removed and sent to the repair shop, or for maintenance
reasons.
List of Equipment
(6) Radio Dispatched Trucks, Including an 8,000 lb Cap Crane Truck
(3) Vibration Analyzers, Including Laser Alignment and Field Balance
(2) Bake Out Ovens
(2) Burn Out Ovens
(2) VPI Impregnation Systems
(14) In House Jib Cranes
(1) 5 Ton Capacity Overhead Bridge Crane
(1) Computerized Core Loss Tester
(1) Baker Surge Tester
(5) Coil Winding Machines
(4) In House Engine Lathes
(1) Vertical Milling Machine
(2) In House Balancing Machines with Computer Generated Reports
Continued on page 3
r,.
City of Vernon
Attn: Mr. Manuel G. Garcia
May 30, 2001 - Page 3
Hourly Rates
Straight Time
Shop Labor* *
$
65.00
Field Balancing
$
72.00
Laser Alignment (1 Man)
$
72.00
Laser Alignment (2 Men)
$
96.00
Vibration Analysis
$
72.00
Report Writing
$
72.00
Field Mechanical
$
72.00
Electrical Trouble Shooting
$
55.00
Overtime Double Time
N/A -
N/A
$ 108.00
$
144.00
$ 108.00
$
144.00
$ 144.00
$
192.00
$ 108.00
$
144.00
$ 108.00
$
144.00
$ 108.00
$
144.00
$ 82.50
$
110.00
**No overtime charged at any time at our facility on repair jobs.
Overtime - Any work performed in excess of 8 hours, but not more than 12 hours in one
day, and any work performed on Saturday, not exceeding 12 hours.
Double Time - Any work performed in excess of 12 hours in one day, and any work
performed on a Sunday or Holiday.
Procedure to Schedule a Service Call
If, at any time, you need service - day or night - all that is required is to call our facility at
323-587-5255. The shift foreman will direct personnel accordingly.
Response Time
Our normal response time is within (1) hour of the time the call is received.
Minimum Charges
t
There is a minimum service call charge of (3) hours.
Key Personnel
Rick Pena, President 323-816-6040
Greg Manasarian, Plant Supervisor 323-816-6068
Jose Lopez, Sales Engineer 323-816-9410
Continued on page 4
City of Vernon
Attn: Mr. Manuel G. Garcia
May 30, 2001 - Page 4
We currently provide these services on a blanket order basis for: Boeing, Central Plants,
City of Los Angeles, City of San Diego, Disneyland, Jefferson Smurfit, Knott's Berry
Farm, Pennzoil, TRW, US Gypsum, and UCLA.
Thank you for your interest and we look forward to a long and continued relationship. If
there are any questions please do not hesitate to call.
Yours Truly,
LITTLEJOHN-REULAND CORPORATION
�Ijase�
Jose Lopez
Sales Engineer
LABOR RATES
SHOP
MACHINE WORK
BALANCE
SERVICE CALLS
REGULAR
TRAVEL
LASER ALIGNMENT
VIBRATION
TRENDING
FIELD BALANCING
REPORT WRITING
MILEAGE .65 PER MILE
$60.00 PER HR
65.00 " "
60.00 " "
55.00 PER HR
45.00 44 cc
96.00 " "
72.00 " "
72.00 " "
72.00 " "
72.00 " "
CONSTRUCTION 55.00 PER HR
EXHIBIT
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EXHIBIT B
INSURANCE SCHEDULE (LITTLEJOHN)
Littlejohn 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 InjurX 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
General Liability
$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:
l . An endorsement naming the City of Vernon, its officers, and employees as additional 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
SUPPORTING
DOCUMENTS
1 MAINTENANCE AGREEMENT
2
3 THIS AGREEMENT is made, entered into and executed in
4 duplicate originals, either copy of which may be considered and used
5 as the original hereof for all purposes, as of this day of June,
6 2001, in the City of Vernon, County of Los Angeles, California
7 BY AND BETWEEN THE CITY OF VERNON
(hereinafter referred to as
8 the "City")
4305 Santa Fe Avenue
9 Vernon, CA 90058
10 AND LITTLEJOHN-REULAND CORPORATION
(hereinafter referred to as
11 "Littlejohn")
4575 Pacific Boulevard
12 Los Angeles, CA 90058
13 RECITALS
14 WHEREAS, due to the high demand to be placed on the diesel
15 units, the City's Utilities Department requires the services of a
16 vendor to perform preventative maintenance and repair services in
17 order to keep the units running without interruption; and
18 WHEREAS, Littlejohn submitted a proposal to the City dated
19 May 30, 2001 (the "Proposal") that includes a description of proposed
20 services and a cost estimate.for maintenance and repair services; and
21 WHEREAS, Littlejohn represents that it is qualified to
22 perform such services and is willing to render such maintenance and
23 repair services as hereinafter defined; and
24 WHEREAS, the City desires to engage the services of
25 Littlejohn for maintenance and repair services on the machinery at the
26 Vernon Power Plant.
27
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1 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
2 FORTH HEREIN:
3 1. SCOPE OF SERVICES.
4 Littlejohn shall perform the services outlined in the
5 Proposal, a copy of which is attached hereto as Exhibit "A" and
6 incorporated herein by reference. It is understood and agreed that in
7 the event of a conflict between the Proposal and this Agreement, the
8 terms of this Agreement shall prevail.
9 2. PROGRESS REPORTS.
10 Littlejohn shall meet with City staff, upon City's request,
11 or as needed, in order to provide reports or information concerning
12 the services being performed by Littlejohn under this Agreement.
13 3. TIME OF PERFORMANCE.
14 Littlejohn's services shall commence on July 1, 2001 and
15 shall continue to June 30, 2002, unless the Agreement is terminated.
16 4. COMPENSATION.
17 A. The City will compensate Littlejohn for
18 maintenance and repair services pursuant to the Proposal. The total
19 annual amount to be paid to Littlejohn under this Agreement shall not
20 exceed an annual total of Fifty Thousand Dollars and No Cents
21 ($50, 000.00) .
22 B. Other Expenses. Other expenses not identified
23 in the Proposal may only be billed if advance written approval has
24 been obtained from the City Administrator.
25 5. METHOD OF PAYMENT.
26 Littlejohn shall submit within thirty (30) days after the
27 last day of any month in which services have been performed or costs
28 incurred hereunder an invoice to the City. Invoices shall contain an
- 2 -
1 itemization of services rendered, directly related job expenses and
2 subcontract charges incurred by Littlejohn and for which compensation
3 is due. Littlejohn shall be responsible for paying any subcontractors
4 used in the performance of this Agreement. Subcontractors shall not
5 bill the City directly.
6 Payment of the invoice shall be made after acceptance and
7 approval by the City within thirty (30) days of receipt. The City's
8 approval of the invoice shall not be unreasonably withheld.
9 6. CHANGES AND EXTRA SERVICES.
10 The City reserves the right to request changes in the
11 services to be performed by Littlejohn. All such changes shall be
12 incorporated in written change orders executed by the City and
13 Littlejohn which shall specify the changes ordered and the adjustment
14 of compensation and completion time required thereof.
15 Any services added to the scope of this Agreement by a change
16 order shall be executed under all applicable conditions of this
17 Agreement. No claim for additional compensation or extension of time
18 shall be recognized unless contained in a duly executed change order.
19 7. PRODUCTS OF CONSULTING.
20 All documents, data, databases, studies, surveys, drawings,
21 maps, models, photographs and reports prepared by Littlejohn under
22 this Agreement shall be considered the property of the City. Such
23 documents and materials shall be delivered to the City by Littlejohn
24 as they are generated; however, Littlejohn may take and retain copies
25 of such documents and materials as desired.
26 8. Termination. This Agreement may be terminated by the
271 City without cause on ten (10) days written notice to Littlejohn. In
28 the event of such termination by the City, Littlejohn shall be
- 3 -
1 entitled to only the compensation earned by it prior to the date of
2 the termination notice, plus compensation for necessary work performed
3 during the ten (10) day notice period and authorized in the
4 termination notice.
5 9. NOTICES. Notices to the parties, unless otherwise
6 requested in writing, shall be sent to-
7 City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
8 CITY ADMINISTRATOR
4305 SANTA FE AVENUE
9 VERNON, CA 90058-0805
10 Littlejohn: LITTLEJOHN-REULAND CORPORATION
11 ATTN: RICK PENA, PRESIDENT
P.O. BOX 58487
12 LOS ANGELES, CA 90058
13 10. CONFIDENTIAL INFORMATION.
14 A. Access to Confidential Information. The City may
15 provide Littlejohn with, or allow Littlejohn access to, certain
16 information not available to the public concerning the City, or
17 businesses located in the City. The information may include company
18 information, taxes, sales, value of assets, or other such information.
19 All such information shall be known as "Confidential Information."
20 B. No Disclosure. Except as expressly permitted,
21 Littlejohn shall not disclose, permit the disclosure of, release,
22 disseminate, or transfer, whether orally or by any other means, any
23 part of such Confidential Information to any other person or entity,
24 whether corporate, governmental, or individual, without the express
25 prior written consent of an authorized representative of the City.
26 Littlejohn shall return any written Confidential Information and all
27 copies made of such items to the City upon the City's written request,
28 but in any event not later than the date that Littlejohn has performed
- 4 -
.1 all services to be performed pursuant to this Agreement. Littlejohn
2 hereby agrees that such Confidential Information and any documents
3 provided may be used by Littlejohn only as authorized by the City.
4 Littlejohn shall take reasonable measures to avoid any disclosure of
5 any such Confidential Information to any unauthorized person.
6 C. Court Ordered Disclosure. Littlejohn shall
7 immediately notify the City of any court order or subpoena requiring
8 disclosure of Confidential Information, and shall cooperate with legal
9. counsel in the appeal or challenge of any such order or subpoena.
10 Recipient may only disclose Confidential Information required to be
11 disclosed pursuant to court order or subpoena after legal counsel has
12 exhausted any lawful and timely appeal or challenge.
13 D. Remedies. In addition to any other remedies that
14 it may have at law or inequity, the City shall be entitled to a
15 temporary and permanent injunction by a court of competent
16 jurisdiction against any breach or threatened breach of the
17 Confidential Information provisions of this -Agreement. Littlejohn
18 acknowledges that in case of such breach or threatened breach of said
19 provisions, the City would have no adequate remedy at law.
20 11. GENERAL PROVISIONS.
21 A. Independent Contractor. At all times during the
22 term of this Agreement, Littlejohn shall be an independent contractor
23 and shall not be an employee of the City. The City shall have the
24 right to control Littlejohn only insofar as the results of
25 Littlejohn's services rendered pursuant to this Agreement; however,
26 the City shall not have the right to control the means by which
27 Littlejohn accomplishes services rendered pursuant to the Agreement
28 except to the extent that such services involve the use of City
- 5 =
1 property or Confidential Information.
2 B. Littlejohn Not Agent. Except as the City may
3 specify in writing, Littlejohn shall have no authority, express or
4 implied, to act on behalf of the City in any capacity whatsoever as an
5 agent. Littlejohn shall have no authority, expressed or implied,
6 pursuant to this Agreement to bind the City -to any obligation
7 whatsoever-.
8 C. Indemnification. Littlejohn shall indemnify,
9 defend, protect and hold the City and its officers, agents and
10 employees, free and harmless from and against any and all claims,
11 demands, losses, damages, liabilities, fines, charges, penalties,
12 orders, judgments and all costs and expenses incurred in connection
13 therewith, including reasonable attorney's fees and costs of defense
14 arising out of the negligent services performed under this Agreement,
15 except to the extent arising from or caused by the negligence or
16 willful misconduct of the City, its officers, agents or employees.
17 D. Insurance. Prior to commencing work hereunder,
18 Littlejohn shall provide the City with proof of insurance providing
19 and maintaining the coverages and endorsements set forth in the
20 Insurance Schedule attached hereto as Exhibit "B" and made a part
21 hereof by reference. Said proof of insurance shall also provide that
22 said policy or policies shall not be canceled or materially reduced in
23 coverage without giving at least thirty (30) days prior written notice
24 to the City. Littlejohn shall not permit a subcontractor or vendor to
25 perform work.on City premises unless and until a certificate of
26 insurance is obtained showing that such subcontractor or vendor has
27 worker's compensation coverage.
28 If Littlejohn employs subcontractors as part of the
1 services rendered, Littlejohn's protective coverage is required.
2 Littlejohn may include all subcontractors as insureds under its own
3 policy or shall furnish separate insurance for each subcontractor,
4 meeting the requirements set forth herein.
5 E. Governing Law. The validity, interpretation and
6 performance of this Agreement shall be controlled and construed under
7 the laws of the State of California.
8 F. Assignment and Subcontracting Prohibited. No
9 party to this Agreement may assign or subcontract any right or
10 obligation pursuant to this Agreement except with the express written
11 consent of the other party. Any other attempted or purported
12 assignment of any right or obligation pursuant to this Agreement shall
13 be void and'of no effect.
14 G. Amendments. This Agreement may be modified or
15 amended only by a written document executed by both Littlejohn and the
16 City and approved as to form by the City Attorney.
17 H. Entire Agreement. This Agreement is the entire
18 agreement of the parties. Littlejohn represents that in entering into
19 this Agreement, it has not relied on any previous representations or
20 understandings of any kind or nature.
21 I. Benefit of Agreement. -This Agreement shall bind
22 and benefit the parties hereto and their heirs, successors, and
23 permitted assigns.
24 J. Forum Selection. Any action brought relating to
25 this Agreement shall be brought and held exclusively in a State Court
26 in the County of Los Angeles, California..
27 K. Recitals. All recitals are incorporated by
28 reference.
- 7 -
f
1 L. Waiver. Any waiver at any time by either party
2 of its rights with respect to a default under. this Agreement, or with
3 respect to any other matters arising in connection with this
4 Agreement, shall not be deemed a waiver with respect to subsequent
5 default or other matter.
6 M. Force Ma-ieure. Neither Party shall be considered
7 in to be in default in any of its obligations under this Contract when
8 a failure of performance shall be due to an uncontrollable force. The
9 term "uncontrollable force" shall mean any cause beyond the control of
10 the party affected, including, but not restricted to, flood,
11 earthquake, storm, fire, lightening, epidemic, war, riot, civil
12 disturbance or disobedience, labor dispute, labor material shortage,
13 sabotage, federal, state, or municipal action, statute, ordinance, or
14 regulation, embargoes of the United States Government or any other
15 government, which by exercise of due diligence such party could not
16 reasonably have been expected to avoid and by exercise of due
17 diligence has been unable to overcome. Either party rendered unable
18 to fulfill any of its obligations under this Agreement by reason of an
19 uncontrollable force, shall give written notice within five (5)
20 Business Days of such fact to the other party and'shall exercise due
21 diligence to remove such inability with all reasonable dispatch.
22
23
24
25
26
27
28
1
IN WITNESS WHEREOF, the parties
have caused this Agreement to
2
be executed by and through their authorized officers on the date,
3
month and year first written above.
4
5
CITY OF VERNON
6
gy;
EONIS
C. MAL RG, May r
7
8
ATTEST:
9
BRUCE V. MALKENHORST, City Clerk
10
11
APPROVED AS TO FORM:
12
<f , dA4,.'�
EDUARDO OLIVO, City Attorney
13
LITTLEJOHN-REULAND CORPORATION
14
�.
By:
�.��.•�
15
Title:
1�'.�fs�.a�.✓7"
16
1�=
17
B y :
18
Title:
19
20
21
22
23
24
25
26
27
28
Littlejohn-Reu land
Corporation Calif. Contractors
Established 1926 License 4418-C10
4575 PACIFIC BOULEVARD • P.O. BOX 58487 • LOS ANGELES, CALIFORNIA 90058
TEL. 323/587-5255 9 FAX. 323/581-8385
MOTORS
AND
CONTROL
LARGE STOCK
NEW AND REBUILT
GUARANTEED
MOTORS AND CONTROL
WESTINGHOUSE
DISTRIBUTION
City of Vernon
Department of Light & Power
4305 Santa Fe Avenue
Vernon, CA 90058
REWINDING
AND Attn: Mr. Manuel G. Garcia, Systems Manager
REPAIRING
OUR REPAIR SHOP
IS COMPLETE
24•HOUR Re: Electrical Capabilities
REPAIR SERVICE
May 30, 2001
Dear Mr. Garcia,
Littlejohn-Reuland Corporation has been in business since 1926, serving all industries and
is one of the largest electric motor rewind and repair facilities on the West Coast, offering
INDUSTRIAL
POWER s LIGHT
the most complete service.
WIRING
ENGINEERING STAFF
ESTIMATORS
AND ELECTRICIANS
We operate 24 hours a day, 7 days a week, never closing, in order to provide the service
AVAILABLE
that is necessary for our customers to operate with the minimum downtime.
Services We Provide
SERVICE 1. Electric Motor Repair: We pride ourselves on being capable of repairing any type unit,
DEPARTMENT including pumps, gear units, AC and DC motors, generators, spindle motors, router
EXPERT ELECTRICIANS
AND REPAIRMAN motors, variable frequency motors, etc.
AVAILABLETTOUR 2. Machine Shon: Complete machine shop facilities on our premises, including dynamic
HOURS P
EVERY DAYOF Y balancing, metal spraying, welding, making new shafts, etc.
THE YEAR
I. Troubleshooting: Outside service crew for electrical trouble -shooting and repair of
electrical equipment at your. site.
4. Electrical Contracting: A fully staffed electrical construction crew and engineering
services are available for installation and connection of new and used equipment. Both
large and small projects are welcome.
5. New Motor Sales: A large, complete stock of new electric motors, brakes and gear
boxes. Distributors for Baldor, Lincoln, Sterling, Century and Reuland.
Continued on page 2
City of Vernon
Attn: Mr. Manuel G. Garcia
May 30, 2001 - Page 2
6. New Motor Controls: Motor starters, circuit breakers, relays, conduit, wire, fittings,
controls and miscellaneous electrical parts.
7. Delivery and Pick u . All pick ups and deliveries for the City of Vernon will be free of
charge. These services are available 24 hours a day, 7 days a week. We have (6) radio
dispatched trucks to perform these services.
8. Warranty_ Service: We provide service and warranty repairs for most major motor
manufacturers, including Baldor, Century, ABB, Lincoln, Sterling, U.S., etc.
9. Reporting services: Work and test reports can be furnished for all work which was
performed along with the standard cause of failure reports.
10. Vibration Analysis: Mechanical vibration analysis for virtually any rotating equipment
to determine the cause of all vibrations whether they are normal or destructive.
11. Preventative Maintenance: Data collection of vibration and trending can predict
bearing failures and misalignment of rotating equipment.
12. Laser Alignment: Alignment of rotating equipment is crucial to the operation of all
direct coupled equipment, the closer the tolerance of alignment the less vibration and
wear on the bearings.
13. Field Balancing: The balance of rotating machinery is vital to the machines longevity.
When it is not practical to remove the equipment we are qualified to perform
balancing in the field.
14. Field Testing_ Service personnel are dispatched to the owner's facility to test electrical
motors before they are removed and sent to the repair shop, or for maintenance
reasons.
List of Equipment
(6) Radio Dispatched Trucks, Including an 8,000 lb Cap Crane Truck
(3) Vibration Analyzers, Including Laser Alignment and Field Balance
(2) Bake Out Ovens
(2) Burn Out Ovens
(2) VPI Impregnation Systems
(14) In House Jib Cranes
(1) 5 Ton Capacity Overhead Bridge Crane
(1) Computerized Core Loss Tester
(1) Baker Surge Tester
(5) Coil Winding Machines
(4) In House Engine Lathes
(1) Vertical Milling Machine
(2) In House Balancing Machines with Computer Generated Reports
Continued on page 3
City of Vernon
Attn: Mr. Manuel G. Garcia
May 30, 2001 - Page 3
Hourly Rates_
Straight Time
Overtime
Double Time
Shop Labor* *
$
65.00
N/A -
N/A
Field Balancing
$
72.00
$
108.00
$
144.00
Laser Alignment (1 Man)
$
72.00
$
108.00
$
144.00
Laser Alignment (2 Men)
$
96.00
$
144.00
$
192.00
Vibration Analysis
$
72.00
$
108.00
$
144.00
Report Writing
$
72.00
$
108.00
$
144.00
Field Mechanical
$
72.00
$
108.00
$
144.00
Electrical Trouble Shooting
$
55.00
$
82.50
$
110.00
**No overtime charged at any time at our facility on repair jobs.
Overtime - Any work performed in excess of 8 hours, but not more than 12 hours in one
day, and any work performed on Saturday, not exceeding 12 hours.
Double Time - Any work performed in excess of 12 hours in one day, and any work
performed on a Sunday or Holiday.
Procedure to Schedule a Service Call
If, at any time, you need service - day or night - all that is required is to call our facility at
323-587-5255. The shift foreman will direct personnel accordingly.
Response Time
Our normal response time is within (1) hour of the time the call is received.
MinimuM Charges
There is a minimum service call charge of (3) hours.
Key Personnel
Rick Pena, President 323-816-6040
Greg Manasarian, Plant Supervisor. 323-816-6068
Jose Lopez, Sales Engineer 323-816-9410
Continued on page 4
City of. Vernon
Attn: Mr. Manuel G. Garcia
May 30, 2001 - Page 4
We currently provide these services on a blanket order basis for: Boeing, Central Plants,
City of Los Angeles, City of San Diego, Disneyland, Jefferson Smurfit, Knott's Berry
Farm, Pennzoil, TRW, US Gypsum, and UCLA.
Thank you for your interest and we look forward to a long and continued relationship. If
there are any questions please do not hesitate to call.
Yours Truly,
LITTLEJOHN-REULAND CORPORATION
cios e
Jose Lopez
Sales Engineer
Y+ LABOR RATES
SHOP
$60.00 PER HR
MACHINE WORK
65.00 "
BALANCE
60.00 "
SERVICE CALLS
REGULAR
55.00 PER HR
TRAVEL
45.00 " "
LASER ALIGNMENT
96.00 " "
VIBRATION
72.00 " "
TRENDING
72.00 " "
FIELD BALANCING
72.00 " "
REPORT WRITING
72.00 46"
MILEAGE .65 PER MILE
CONSTRUCTION
55.00 PER HR
26
A copy of each policy certified by an officer of the underwriter or carrier and notarized.
27
281
ICITY -OF VERNON, CALIFORNIA
PURCHASE REQUISITION 09204
DEPARTMENT: UTILITIES REQUESTOR NAME: KENNETH J. DEDARIO DATE: 6/5/01
SUGGESTED VENDOR: LITTLEJOHN-REULAND CORPORATION PHONE No.:(323 )587-5255
VENDOR ADDRESS: 4575 PACIFIC BLVD., P. 0. BOX 58487, LOS ANGELES, CA 90058
FAX #: 323-581-8385 CONTACT PERSON: SEE BELOW
REQUIRED DELIVERY OR SERVICE DATE: DELIVERY OR SERVICE LOCATION: 2715 E . 50TH STREET
\,ACCOUNT NO.: 055- -8200_ b5R--x 4q NIMS BUDGETED YES X * NO
FOR THE PERIOD OF JULY 1, 2001 THROUGH
JUNE 30, 2002 PROVIDE SERVICES FOR PREVENTATIVE
MAINTENANCE, EQUIPMENT REPAIRS, AS SET FORTH
IN ATTACHED LETTER TO THE POWER PLANT FACILITY.
NOT TO EXCEED $50,000 ANNUALLY
KEY PERSONNEL: RICK PENA, PRESIDENT
323-816-6040
GREG MANASARIAN, PLANT SUPV-
323-816-6068
JOSE LOPEZ, SALES ENGINEER
323-816-9410
MINIMUM SERVICE CALL CHARGE OF (3) HOURS.
lvt l�e✓h® �
SCHEDULED DELIVERY DATJ:;
�r IF ITEMS ARE NOT BUDGETED, EXPLAIN NATURE OF RE UE EL SUBMIT MEMORANDUM.
RAr uinu(c na ll 0 U� �br serve cam,
I hereby certify that the above items are necessary for the operation of this Department
ment Head or Authorized Person
ISSUED BY DATE RECEIVED BY
PURCHASING DEPARTMENT
DATE
PURCHASE ORDER NUMBER