Resolution No. 83141
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. 8314
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN ELECTRIC SYSTEM MAINTENANCE AGREEMENT BY AND
BETWEEN THE CITY OF VERNON AND PETRELLI ELECTRIC,
INC.
WHEREAS, in accordance with Resolution No.8315, the City
Council of the City of Vernon will accept RMI Utility Services's
("RMIUS") request that it be allowed to cease providing services to
Vernon, as of November 30, 2003, under the Electric System Maintenance
Agreement (the "Renewal Agreement") between RMIUS and the City of
Vernon; and
WHEREAS, the maintenance of the City's electrical system is
of vital importance and must be provided by a contractor who is
willing and able to provide such services on a reliable basis; and
WHEREAS, as a result of NCl/RMIUS's actions, the City
Council authorized the Light and Power Department to solicit requests
for proposals from qualified contractors for the maintenance of the
City's electric system; and
WHEREAS, Petrelli Electric, Inc. ('"Petrelli") is in the
business of providing services to utilities to operate and maintain
electrical systems and responded to the request for proposals; and
WHEREAS, on November 18, 2003, the Finance Committee
considered the recommendation of Bruce V. Malkenhorst, Director of
Finance, dated November 6, 2003, that an agreement with Petrelli to
provide for the maintenance of Vernon's electric system be approved and
executed; and
WHEREAS, the City Council of the City of Vernon has
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
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 enter into a contract with Petrelli setting forth the
terms and conditions for the maintenance of all electric transmission
and distribution facilities that are owned by the City to enhance
services provided to the Vernon community.
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 Electric System Maintenance Agreement with Petrelli
Electric, Inc., a copy which is attached hereto as Exhibit "A" and
made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Contract for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Contract to:
Petrelli Electric, Inc.
Attn. Sal Petrelli
11615 Davenport Road
Agua Dulce, CA 91390
- 2
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
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 ADOPTED this 19th day of November, 2003.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
-(LEONIS C. MALBUNG, Mayor
- 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
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.
8314, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday,
November 19, 2003, and thereafter was duly signed by the Mayor of the
City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
- 4 -
EXHIBIT
VA&
1 ELECTRIC SYSTEM 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 as
5 the original hereof for all purposes, as of this day of November,
6 2003, in the City of Vernon, County of Los Angeles, California
7 BY AND BETWEEN CITY OF VERNON, a California
municipal corporation
8 (hereinafter referred to as
9 "VERNON")
4305 Santa Fe Avenue
10 Vernon, CA 90058
11 AND PETRELLI ELECTRIC, INC., a
California corporation
12 (hereinafter referred to as
"PETRELLI")
13 11615 Davenport Road
Agua Dulce, CA 91390
14 P.O. Box 801148
15 Santa Clarita, CA 91380
16 each of which is also referred to individually as "Party" and both of
17 which are also referred to collectively as "Parties."
18 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
19 FORTH HEREIN:
20 1. SCOPE OF SERVICES
21 1.1 For purposes of this Agreement, "Electric System" shall mean
22 all transmission and distribution facilities now or hereafter
23 owned by VERNON for providing electric service in VERNON
24 including, but not limited to, transmission, overhead and
25 underground distribution systems, street lighting systems,
26 transformers and service lines. During the term of this
27 Agreement, PETRELLI shall provide services with regard to
28 VERNON's Electric System, pursuant to Exhibit A, "PETRELLI
1
2
3
4
5
6
7
8
9
101
111
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
FEES FOR SERVICES" that shall include, but not be limited to,
the following:
1.1.1 Provide all services and maintain VERNON's Electric
System in a safe and reliable condition. Such work
shall include, but not be limited to, switching,
performing routine and emergency repairs, and
construction on VERNON's Electric System.
1.1.2 PETRELLI shall respond to emergency calls,
troubleshooting calls, or service calls after work
hours within one hour after the call is placed by
VERNON's Control Center. PETRELLI shall provide a
weekly list of the dedicated staff that will be
available to respond to such calls. The list will be
due by 8:00 a.m. every Monday morning throughout the
term of this Agreement and will show the staff°s name,
primary phone number and alternate phone number.
1.1.3 Make all modifications, extensions, additions and
improvements in and to VERNON's Electric System, as
shall from time to time be required or necessary to
serve in a safe and reliable manner the electric power
requirements of VERNON and its customers, both present
and future.
1.1.4 Furnish all labor, supervision and services and, in
the event not furnished by VERNON, transportation,
equipment, materials, supplies and tools of whatsoever
kind or nature as shall from time to time be required
or necessary to carry out the terms and provisions of
this Agreement, including, but not limited to,
- 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
maintenance of office and field staffs, and
construction and operations headquarters within the
city limits of VERNON, as shall be required or
necessary to meet the needs and requirements of VERNON
and its customers, both present and future. VERNON may
provide use of a city -owned building(s), structure(s)
and/or a storage yard on city -owned property for use
by PETRELLI in connection with the services performed
under this Agreement. PETRELLI shall be responsible
for all tenant -type improvements and security in
connection with the use of such city -owned property.
1.1.5 VERNON may provide VERNON-owned vehicles for use by
PETRELLI in performing the work under this Agreement.
To the extent VERNON does not provide its own
vehicles, PETRELLI will provide the vehicles needed to
perform the work and shall bill VERNON for the use of
such vehicles pursuant to the hourly or monthly rates
agreed upon for such vehicles in the attached Exhibit
A, "PETRELLI FEES FOR SERVICES."
1.1.6 VERNON shall normally supply all material and supplies
required for routine work by PETRELLI pursuant to this
Agreement. PETRELLI shall supply all materials and
supplies required by PETRELLI that are not supplied by
VERNON in addition to those which PETRELLI is
requested by VERNON to supply. Before purchasing
materials or supplies, PETRELLI shall check with
VERNON to assure that such materials or supplies are
not available from VERNON. VERNON shall compensate
- 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13'
141
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PETRELLI for such materials and supplies in accordance
with Exhibit A, "PETRELLI FEES FOR SERVICES."
1.1.7 Furnish to VERNON current accountings and reports,
with sufficient supporting data covering activities
engaged in and work performed by PETRELLI. Such
accountings and reports shall be provided every thirty
days, on the first business day (Monday through
Thursday) of each month throughout the term of this
Agreement. All such accountings shall comply with the
Federal Energy and Regulatory Commission (FERC)
accounting principles and VERNON's accounting system.
1.1.8 Make electrical measurements and reports as requested
by VERNON to provide operational data on VERNON's
Electric System.
1.1.9 Install transformers, switches, cutouts, lines and
other facilities on the transmission and distribution
systems as required for repairs, replacements, new
customers and system expansion.
1.1.10 Remove underground and overhead facilities no longer
needed.
1.1.11 Perform other work on underground and overhead
systems, as required.,
1.1.12 Carry out troubleshooting activities including
responding to customer calls and complaints, traveling
to various sites in VERNON, assessing and estimating
failures or damages, safely restoring service as
quickly as possible, and reporting on system and
equipment status.
- 4 -
1 1.2 All work shall be performed in accordance with VERNON's
2 standards, codes, ordinances, rules, regulations and
3 operating procedures. Where no such applicable code,
4 ordinance, rule, regulation or operating procedure exists,
5 PETRELLI shall perform work in accordance with good utility
6 practice.
7 1.3 If a new facility (customer substation, cogeneration
8 substation, or transmission line) is to be constructed by
g VERNON, PETRELLI shall be permitted an opportunity to submit
10 a bid or proposal to construct any such facility. VERNON
11 reserves the right to permit the customer to construct any
12 customer facilities and to negotiate agreements with any
13 contractors, including PETRELLI, if VERNON is to construct
14 such facility.
15 1.4 Work Authorizations: All work, with the exception of
16 emergency work, shall be performed pursuant to approved work
17 authorizations and will be scheduled with VERNON. Work
18 authorizations will fall into the following categories:
19 1.4.1 Major Work: Major modifications, extensions,
20 addition, and improvements, including large
21
maintenance jobs will be accomplished under pre-
22
approved work orders. Large maintenance jobs are
defined as those estimated in advance to take more
23
than 5 crew days.
24
1.4.2 Emergency Work: Emergency repairs shall be initiated
25
as soon as possible by PETRELLI under a pre -assigned
26
work order number. PETRELLI shall seek VERNON's
27
approval for the work order at the start of the next
28
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
business day after the work is initiated.
1.4.3 Routine Work: Routine maintenance work will be
completed under pre -approved standing work orders
specifically established for these activities.
Routine work will include line patrol, switching,
replacement of minor components, minor modifications
and additions, and other routine work normally
required on electric utility systems. PETRELLI and
VERNON will collaborate in establishing a number of
standing work orders.
1.5 Scheduling of Work: PETRELLI shall provide VERNON's
authorized representative, no later than 10:00 a.m. on
Thursday of each week, with a proposed plan and schedule of
work for the following week. VERNON's authorized
representative shall approve or make modifications to the
proposed plan and schedule no later than 2:00 p.m. on the day
that the schedule is provided. Once approved, the plan and
schedule shall be PETRELLI's authorization to perform work
during the following week. The timing of such submittals and
meetings may be changed by mutual agreement between VERNON
and PETRELLI's authorized representatives. Concurrent with
the submission of its proposed plan and schedule, PETRELLI
shall also submit a status report on the previous week's
work,
1.6 Maintenance Schedule/Plan.
1.6.1 PETRELLI shall provide VERNON monthly maintenance and
inspection schedules identifying the location and
circuit name. PETRELLI shall maintain and inspect the
- 6 -
IN
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
Electric System pursuant to the requirements of
California Safety Orders No. 95, 128 and 165. The
maintenance and inspection schedule shall include the
following:
■ Insulator washing (transmission, distribution and
substations).
■ Street lighting inspection.
• Customer substation inspection.
■ Manhole and underground cable inspection.
■ Pole inspection and testing.
■ Distribution circuit inspection.
■ Transmission system inspection.
1.6.2 PETRELLI shall maintain a system database to track and
report inspection results and corresponding
repairs/correction.
1.7 Staffing Levels
1.7.1 To perform the foregoing services, PETRELLI shall
provide a minimum level of employee staffing and said
staff shall be dedicated to perform services on
VERNON's Electric System. The employee staffing is as
follows:
Quantity Classification
1 Manager
1 Line Foreman
5 Lineman
2 Troubleshooter
2 Clerk/Secretary
1 Warehouse/Utility Worker
12 Total
- 7 -
is
2
3
4
5
6
7
8
9
10
11'i
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PETRELLI may supplement this level of staffing with
pre -approval by VERNON, to the extent necessary to
perform such services. PETRELLI shall not increase or
decrease this level of staffing by adding or deleting
full-time employees without the prior written approval
of VERNON. In the event VERNON wishes to increase or
decrease the scope of the services provided for
herein, VERNON shall be permitted to do so upon
providing 4 months written notice to PETRELLI.
PETRELLI may also supplement this level of staffing
through the use of subcontractors, if pre -approved by
VERNON, to the extent necessary to perform such
services; to the extent subcontractors are authorized,
PETRELLI may bill VERNON an administrative fee of 5%
of its cost for such subcontractors. The scope of
services may also be increased or reduced by mutual
agreement.
1.7.2 PETRELLI shall consult with VERNON and VERNON shall
have the right to consult with PETRELLI relating to
the qualifications of the employees who will be
assigned and dedicated to work on VERNON`s Electric
System.
1.7.3 PETRELLI shall give preference to the hiring of
employees that are currently utilized by VERNON`s
existing contractor. VERNON shall have the discretion
to approve, or not approve, the hiring of any such
individuals by PETRELLI to perform the work required
by this Agreement.
- 8 -
1
2
3
4
5
6
7
8
9
10
11
121!
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1.7.4 VERNON shall have the option of making housing at
reasonable costs available to PETRELLI for its
employees dedicated to VERNON's service under the
following conditions:
1.7.4.1 The employee must be an employee that is
assigned to respond to emergency services and
is able, during the occupancy of the housing
unit, to respond to said emergencies. In the
event that the individual is unable to
respond to said emergencies, another PETRELLI
employee shall be provided the occupancy so
that said employee can respond to emergency
services.
1.7.4.2 The occupancy shall not be provided within
the city limits of VERNON but shall be
provided in locations in close proximity to
VERNON.
1.7.4.3 The employee shall sign an appropriate lease
agreement with VERNON. However, PETRELLI
shall be responsible for certifying that the
employee is able to provide the emergency
services. If PETRELLI is unable to certify
that the employee is able to provide
emergency services, PETRELLI shall cause the
employee to terminate his or her tenancy and
recommend the assignment of a different
employee to the tenancy for the purpose of
providing the emergency services pursuant to
- 9 -
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
this Agreement.
1.7.4.4 VERNON shall set the terms and conditions of
the lease at its sole discretion, except for
the requirement that the employee is
responsible for emergency services.
1.7.4.5 The employee shall agree to abide by all of
the terms and conditions of the lease
arrangement. If VERNON is required to bring
legal action to enforce the terms and
conditions of the lease arrangement, PETRELLI
shall reimburse VERNON for all of its legal
costs and expenses, including attorney's
fees, incurred in relation to the enforcement
of such.
1.7.4.6 The purpose and function of providing said
housing is to insure VERNON that an able
bodied, PETRELLI employee will be available
to respond to an emergency if one occurs, at
any time, twenty-four hours a day, three
hundred and sixty five days a year.
1.7.4.7 The inability of an employee to physically
respond to emergency calls for a period of
ninety days will immediately cause the
employee to be ineligible to continue to
receive housing services from VERNON. When
an employee has been unable to physically
respond to emergency calls for thirty days,
PETRELLI shall certify, not later than the
- 10 -
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
next business day, that the employee will be
able to provide emergency services before the
expiration of ninety days from the date the
employee first was unable to respond. If
PETRELLI is unable to so certify, it shall
recommend the assignment of a different
employee to that tenancy for the purpose of
providing emergency services pursuant to this
Agreement.
1.8 PETRELLI shall not accept or bid for any work for any of
VERNON's customers, unless VERNON provides, in its sole
discretion, advance written consent and agrees that such work
shall not constitute a conflict of interest.
1.9 PETRELLI agrees that it shall provide services and maintain
VERNON's Electric System for and on behalf of VERNON, subject
to and in accordance with good utility practice and within
the terms and provisions of this Agreement and direction
given by VERNON's authorized representatives. PETRELLI shall
also respond to VERNON's requirements for any and all VERNON
city purposes and of all VERNON customers, both present and
future, of VERNON's Electric System and shall provide safe,
proper, efficient and reliable services as provided under
good utility practice.
1.10 An organization chart is attached hereto as Exhibit B. Such
exhibit may be revised from time to time in accordance with
section 1.7.1 of this Agreement.
1 2. TRANSITION PERIOD
2 VERNON anticipates that a transition period, lasting approximately
3 thirty to sixty days, will be required in order to smoothly
4 transfer the duties to be performed by PETRELLI under this
5 Agreement from the contractor currently providing such services
6 for VERNON. VERNON anticipates that management staff for PETRELLI
7 and VERNON's current contractor may need to co -exist and work
8 cooperatively during the transition period in order to provide for
9 a smooth transfer of duties. PETRELLI shall cooperate with VERNON
10 and its current contractor in order to provide for a successful
11 transition of services.
12 3. FEES FOR SERVICES
13 3.1 For services provided by PETRELLI to VERNON pursuant to this
14 Agreement, VERNON shall pay PETRELLI in accordance with the
15 rates and charges set forth in Exhibit A, "PETRELLI FEES FOR
16 SERVICES," attached hereto. The rates set forth in Exhibit A
17 may only be increased during the term of this Agreement to
18 the extent PETRELLI's costs rise under the "California
19 Outside Line Construction Agreement between Western Line
20 Constructors Chapter of N.E.C.A and Local Union No. 1245 AFL-
21 CIO International Brotherhood of Electric Workers."
22 3.2 To the extent the rates are increased and agreed upon by
23 VERNON pursuant to this Section 3.1, PETRELLI shall revise
24 Exhibit A and old Exhibit A shall be replaced with the
25 revised Exhibit A. The revised Exhibit A shall become part
26 of this Agreement as if originally attached on the effective
27 date of this Agreement.
28 3.3 VERNON shall only pay PETRELLI for the work performed under
- 12 -
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
this Agreement pursuant to the fees set forth in Exhibit A.
PETRELLI shall be responsible for paying the salaries of its
own employees, as well as payment for all relevant holidays,
vacation time and other benefits. VERNON will not be
responsible, in any way, for the payment of the salaries or
benefits for PETRELLI's employees.
4. BILLING AND PAYMENT
PETRELLI shall submit a monthly invoice to VERNON setting forth
the amount due for services and itemizing amounts due for expenses
provided or incurred for the prior month. VERNON shall pay such
invoice within thirty days after receipt.
5. INDEPENDENT CONTRACTOR
PETRELLI shall provide services to VERNON as an independent
contractor, not as an employee of VERNON, and shall obtain and
maintain in effect, during the term of this Agreement, appropriate
licenses to provide the services described herein. PETRELLI shall
not have or claim any right arising from employee status.
6. TERM OF AGREEMENT / SUSPENSION OF WORK
6.1 This Agreement shall become effective on the date referred to
in the first paragraph of page 1 of this Agreement and,
unless terminated earlier in accordance with the terms of
this Agreement, shall be effective for a term of 5 years.
6.2 VERNON will have the option to extend the Agreement term for
an additional 5-year term(s). Notice of such an extension(s)
will be provided at least ninety days before the expiration
of the current term. Such an extensions) will constitute an
amendment(s) to the Agreement and will be executed pursuant
to the provisions of section 16 of this Agreement.
- 13 -
1
6.3
Notwithstanding any other provision of this Agreement, either
2
Party may terminate this Agreement by giving 1-year advance
3
written notice to the other Party. VERNON may also terminate
4
this Agreement upon forty—five days written notice for
5
material breach of this Agreement by PETRELLI.
6
6.4
Upon termination of this Agreement, PETRELLI shall have no
7
further obligation to provide services to VERNON. If this
8
Agreement is terminated prior to completion of the services
9
to be provided hereunder, PETRELLI shall render a final
10
invoice for services to VERNON within thirty days after the
11
date of termination. VERNON shall pay PETRELLI for all fees
12
earned and expenses incurred prior to the date of termination
13
in accordance with Section 4 of this Agreement.
14
6.5
In the event VERNON has just and reasonable cause to believe
15
that electric service to its customers is in jeopardy as a
16
result of PETRELLI's performance or failure to perform
17
hereunder, VERNON shall so notify PETRELLI in writing. If
PETRELLI fails to correct such problem within 10 days after
18
receipt of said notice, VERNON may suspend this Agreement
19
until such problem is corrected.
20
21
7.
INSURANCE
22
7.1.
PETRELLI shall maintain in effect, at its own cost,
23
employer's liability insurance, comprehensive general
24
liability insurance (bodily injury and property damage) in an
25
amount equal to five million dollars ($5,000,000) annual
26
aggregate, and comprehensive automobile liability insurance
(bodily injury and property damage) in an amount equal to
27
five million dollars (5,000,000) annual aggregate. Said
28
- 14 -
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
insurance policy shall provide for thirty days written notice
prior -to termination or change. VERNON and its officers,
employees and agents shall be named as additional insureds on
said policy.
7.2. PETRELLI shall comply with all applicable worker's
compensation laws.
7.3. In addition to the standard certificate of insurance, proof
of insurance will require 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. Alternatively, a
copy of each policy certified by an officer of the
underwriter or carrier and notarized, may be provided as
proof of insurance.
8. LIABILITY
8.1. PETRELLI shall indemnify, defend and hold harmless VERNON,
its directors, officers, partners, employees and agents from
and against any and all liability, claims, demands, damages,
losses and expenses, including but not limited to attorney's
fees, resulting from negligent acts, errors or omissions by
PETRELLI or its subcontractors, in the provision of services
pursuant to this Agreement. Liability, claims, demands,
damages, losses or expenses resulting from negligent acts,
errors or omissions, whether active or passive, by VERNON,
its directors, officers, partners, agents, employees, or by
others are excluded from PETRELLI's obligations pursuant to
this Section 8.1.
- 15 -
1 8.2. PETRELLI shall also indemnify, defend and hold harmless
2 VERNON, its directors, officers, partners, employees and
3 agents from and against any and all liability, claims,
4 demands, damages, losses and expenses, including but not
5 limited to attorney's fees, for injuries to person or damage
6 to property resulting from negligent acts, errors, or
7 omissions by PETRELLI, its directors, officers, agents and
8 employees in the provision of service hereunder. Liability,
9 claims, demands, damages, losses or expenses resulting from
10 negligent acts, errors, or omissions, whether active or
11 passive, by VERNON, its directors, officers, partners,
12 agents, employees, or by others are excluded from PETRELLI's
13 obligations pursuant to this Section 8.2.
14 8.3. Nothing in this Agreement shall be construed to create a duty
15 to, any standard of care with reference to, or any liability
16 to any person not a party to this Agreement.
17 9. AUTHORIZED REPRESENTATIVES
18 Within thirty calendar days after the date of execution of this
19 Agreement, each Party shall designate by written notice to the
20 other Party a representative who is authorized to act on its
21 behalf in the implementation of this Agreement and with respect to
22 those matters contained herein that are the functions and
23 responsibilities of the authorized representatives. Either Party
24 may at any time change the designation of its authorized
25 representative by written notice to the other Party.
26 10. OWNERSHIP OF DATA, INFORMATION AND DOCUMENTATION
27 All data and information collected and obtained by PETRELLI shall
28 be the property of VERNON and shall be stored and filed at the
- 16 -
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
operations headquarters located within the city limits of VERNON.
PETRELLI hereby relinquishes any and all claims of ownership to
any and all documents and/or information obtained in performing
services for VERNON relating to VERNON's Electric System.
However, PETRELLI may keep copies of such data, information and
documentation as necessary to perform services hereunder and also
for historical purposes. PETRELLI shall be prohibited from using
such data, information or documentation in any way adverse to
VERNON, other than for the purposes of litigation between PETRELLI
and VERNON pertaining to this Agreement or the services provided
hereunder.
11. CONFIDENTIAL INFORMATION
11.1. VERNON may provide PETRELLI, or allow PETRELLI access to,
certain information not available to the public concerning,
but not limited to VERNON, or businesses located in VERNON.
The information may include, but is not limited to, company
information, taxes, sales, value of assets, utility usage 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.
11.2. Except as expressly permitted, PETRELLI 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 VERNON. PETRELLI shall
return any written Confidential Information and all copies
- 17 -
1
2
3
4
5
6
7
8
9
10
111
12
13
14
15
16
17
18
19'',
20
21
22
23
24
25
26
27
28
made of such items, to VERNON upon VERNON's written request,
but in any event not later than the date that PETRELLI has
performed all services to be performed pursuant to this
Agreement. PETRELLI herebv agrees that such Confidential
Information and any documents provided may be used by
PETRELLI only as authorized by VERNON. PETRELLI shall take
reasonable measures to avoid any disclosure of any such
Confidential Information to any unauthorized person.
11.3 PETRELLI shall immediately notify VERNON 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. PETRELLI
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.
11.4 In addition to any other remedies that it may have at law or
in equity, VERNON 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. PETRELLI
acknowledges that in case of such breach or threatened
breach of said provisions, VERNON would have no adequate
remedy at law.
12. SUCCESSORS IN INTEREST
This Agreement shall be binding on each Party's successors in
interest, including their heirs, legatees, assignees and legal
representatives. This Agreement shall not be assigned by PETRELLI
- 18 -
1
2
3
4
5
6
7
8
9i
10
11
12
13
14
15
16
17
18
19i
20
21
22
23
24
25
26
27
28
unless VERNON consents to such an assignment, in writing, which
consent shall be at VERNON's sole discretion, in which event this
Agreement shall inure to the benefit of its successor in interest.
In the event of a change in ownership of PETRELLI, VERNON
reserves the right, in its sole discretion, to terminate the
Agreement by providing notice within forty-five days of receipt of
a written notice by PETRELLI that a sale has occurred.
1 13. FORCE MAJEURE
Neither Party shall be considered to be in default in the
performance of any of its obligations under this Agreement (other
than obligations of said Party to pay costs and expenses) when a
failure of performance shall be due to an uncontrollable force.
The term "uncontrollable force" shall mean any cause beyond the
control of the Party affected, including but not restricted to
flood, earthquake, storm, fire, lightning, epidemic, war, riot,
civil disturbance or disobedience, sabotage, restraint by court
order or public authority, and action or non -action by or
inability to obtain the necessary authorization or approvals from
any governmental agency or authority, which by exercise of due
diligence such Party could not reasonably have been expected to
avoid and which by exercise of due diligence it has been unable to
overcome. If PETRELLI notifies VERNON that it will be unable to
perform services hereunder as a result of an uncontrollable force,
VERNON may, at its option, use its own staff or other contractors
to perform such services at VERNON's expense, in which case VERNON
shall compensate PETRELLI only for those employees of PETRELLI
that are available to work for VERNON. Either Party rendered
unable to fulfill any of its obligations under this Agreement by
- 19 -
1
reason of an uncontrollable force shall give prompt written notice
2
of such fact to the other Party and shall exercise due diligence
3
to remove such inability with all reasonable dispatch.
4
14.
WAIVER
5
Any waiver at any time by either Party of its rights with respect
6
to a default under this Agreement, or with respect to any other
7
matters arising in connection with this Agreement, shall not be
8
deemed a waiver with respect to any subsequent default or other
9
matter.
10
15.
SEVERAL OBLIGATIONS
11
Except where specifically stated in this Agreement to be
12
otherwise, the duties, obligations, and liabilities of the Parties
13
are intended to be several and not joint or collective. Nothing
14
contained in this Agreement shall be construed to create an
15
association, trust, partnership or joint venture or impose a trust
16
or partnership duty, obligation or liability on or with regard to
17
either Party. Each Party shall be individually and severally '
liable for its own obligations under this Agreement.
18
16.
AMENDMENT
19
All changes.or modifications to this Agreement shall be in writing
20
and signed by both Parties.
21
17.
DEFAULT
22
In the event PETRELLI commits a breach of a material condition of
23
this Agreement, VERNON shall notify PETRELLI in writing of said
24
breach. If PETRELLI has not cured or begun reasonable efforts to
25
cure within fifteen working days after receiving said notice, and
26
fails to diligently pursue corrective action, VERNON shall have
27
the right to cancel this Agreement or seek any other remedy
28
- 20 -
1
2
3
4
5
6
7
8
9
10
11
12
13'i
14
15
16
17
18
19
20
21
22
23
24
25
26',
27
18.
against PETRELLI that it may have under the Agreement or under the
law. Among other things, PETRELLI shall be deemed to be in
default under this Agreement if PETRELLI files for bankruptcy or
another person or entity institutes against PETRELLI a bankruptcy,
reorganization, moratorium, liquidation or similar insolvency
proceeding or other relief under any bankruptcy or insolvency law
affecting creditor's rights or a petition is presented or
instituted for its winding -up or liquidation.
NOTICES
18.1 Any notice, demand, information, invoice, report or item
otherwise required, authorized or provided for in this
Agreement, unless otherwise specified herein, shall be
deemed properly given if delivered in person or sent by
United States Mail, First Class postage prepaid:
To PETRELLI: PETRELLI ELECTRIC, INC.
11615 Davenport Road
Agua Dulce, California 91390
Attn: Sal Petrelli
To VERNON: CITY OF VERNON
4305 Santa Fe Avenue
Vernon, California 90058
Attn: City Clerk
18.2 All notices shall be deemed effective upon receipt by the
Party to whom such notice is given. Either Party may, at
any time, by notice to the other Party, designate different
- 21 -
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
or additional persons or different addresses for the giving
of notices hereunder.
19. GOVERNING LAW
This Agreement shall be construed and interpreted according to,
and the rights of the Parties shall be governed by, the laws of
the State of California.
20. ENTIRE AGREEMENT
20.1 This Agreement constitutes the complete and final expression
of the agreement of the Parties and is intended as a
complete and exclusive statement of the terms of their
agreements and supercedes all prior and contemporaneous
offers, promises, representations, negotiations,
discussions, communications, and agreements that may have
been made in connection with the subject matter hereof.
20.2 The following exhibits attached hereto are incorporated by
reference as if fully set forth herein:
Exhibit A: PETRELLI FEES FOR SERVICES
Exhibit B: VERNON- PETRELLI - ORGANIZATION CHART
21. SEVERABILITY
If any of the provisions of this Agreement are found or deemed by
a court of competent jurisdiction to be invalid or unenforceable,
they shall be considered severable from the remainder of this
Agreement and shall not cause the remainder to be invalid or
unenforceable.
22. SIGNATURE CLAUSE
The signators hereto represent that they are authorized to enter
into this Agreement on behalf of the Party for whom they sign.
- 22 -
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 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
APPROVE TO
ERIC T. FRESC ity ttorney
CITY OF VERNON
a California Corporation
LEONIS C. MALBURG, Mayor
PETRELLI ELECTRIC, INC.
a California Corporation
By:
CiNdy Petrelli
Title: President
By
Sal Petrelli
Title: Secretar
- 23 -
EXHIBIT
0
1
2
3
4
5
6
7
8
9
10
11
12
13''i
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT A
PETRELLI FEES FOR SERVICES
RATES THROUGH DECEMBER 31, 2003
A. HOURLY LABOR RATES PER CLASSIFICATION
CLASSIFICATION
STRAIGHT TIME
DOUBLE TIME
MANAGER
$94.00
$168.00
FOREMAN
$88.00
$158.00
LINEMAN
$84.00
$148.00
TROUBLESHOOTERS
$84.00
$148.00
GROUNDMAN
$65.00
$110.00
OPERATOR
$72.00
$124.00
SECRETARY/CLERK
$27.00
$ 40.50
B. MONTHLY EQUIPMENT RATES
EQUIPMENT
RATES
FLATBED TRUCK
$1,680.00
ALTEC 4065 DERRICK
$6,560.00
ALTEC 947 DERRICK
$5,280.00 ,
ALTEC AM855 BUCKET
$5,120.00
ALTEC AM 900 BUCKET
$5,440.00
ALTEC A77TE93 BUCKET
$6,880.00
ALL FUEL FOR THE ABOVE TRUCKS WILL BE PROVIDED BY THE CITY OF VERNON AS
REQUESTED.
B.2 HOURLY RATES - ADDITIONAL EQUIPMENT (ON AS NEEDED BASIS)
EQUIPMENT
RATES
TECO V7-75 BUCKET
$ 35.00
PJ 400-60' DERRICK
$ 42.00
HOGG DAVIS WIENER HOUND
$ 8.00
LARGE REEL TRAILER
$ 12.00
POLE DOLLY
$ 8.00
FUEL FOR ABOVE VEHICLES WILL BE PROVIDED BY PETRELLI ELECTRIC, INC.
EXHIBIT "A"
1 C. MATERIALS AND SUPPLIES
City shall normally provide all materials and supplies required for routine work by Contractor. Contractor
2 shall provide all materials and supplies required by Contractor which are not supply by City in addition to
those which Contractor is requested by City to supply. Before purchasing materials or supplies, Contractor
3 shall check with Check to assure that such materials or supplies are not available from City.
4 City shall compensate Contractor for all expenses incurred for such materials and supplies required to
5 perform all services to maintain the electric services (such as transformers, cables terminators, splices,
switches, capacitors, etc.) in a safe and reliable manner.
6 Contractor will bill City 5% for the costs of the materials and supplies purchased by the Contractor.
7
8 D. SUBCONTRACTORS
Contractor may supplement major and emergency work with subcontractors to complete work or restore
9 electric service. Subcontractors may be hired with pre -approval by City.
10 Contractor will bill City 5% for the costs of the subcontractor.
11
12 E. BILLING AND PAYMENT
Contractor shall submit a monthly statement to City setting forth the amount due for services and itemizing
13 amounts due for materials and equipment. City shall pay the full amount of such statement within thirty
14 (30) days after receipt.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A-2
EXHIBIT "A"
EXHIBIT
�3
I*N01
VERNON-PETRELLI ORGANIZATION CHART
City of Vernon
Executive Director
Light & Power
Director
Light & Power
Assistant Director
of Engineering & Operations
Petrelli Electric, Inc.
Manager
FULL TIME STAFF I--H SUBCONTRACTORS"
1 - Line Foreman
5 - Lineman
2 - Troubleshooter
2 - Clerk/Secretary
1 - Warehouse/Utility Worker
** Must be pre -approved by Vernon
SUPPORTING
DOCUMENTS
,a IV
ELECTRIC SYSTEM 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 November,
2003, in the City of Vernon, County of Los Angeles, California
BY AND BETWEEN CITY OF VERNON, a California
municipal corporation
(hereinafter referred to as
"VERNON")
4305 Santa Fe Avenue
Vernon, CA 90058
AND PETRELLI ELECTRIC, INC., a
California corporation
(hereinafter referred to as
"PETRELLI")
11615 Davenport Road
Agua Dulce, CA 91390
P.O. Box 801148
Santa Clarita, CA 91380
each of which is also referred to individually as "Party" and both of
which are also referred to collectively as "Parties."
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
I. SCOPE OF SERVICES
1.1 For purposes of this Agreement, "Electric System" shall mean
all transmission and distribution facilities now or hereafter
owned by VERNON for providing electric service in VERNON
including, but not limited to, transmission, overhead and
underground distribution systems, street lighting systems,
transformers and service lines. During the term of this
Agreement, PETRELLI shall provide services with regard to
VERNON's Electric System, pursuant to Exhibit A, "PETRELLI
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 FOR SERVICES" that shall include, but not be limited to,
the following:
1.1.1 Provide all services and maintain VERNON's Electric
System in a safe and reliable condition. Such work
shall include, but not be limited to, switching,
performing routine and emergency repairs, and
construction on VERNON's Electric System.
1.1.2 PETRELLI shall respond to emergency calls,
troubleshooting calls, or service calls after work
hours within one hour after the call is placed by
VERNON's Control Center. PETRELLI shall provide a
weekly list of the dedicated staff that will be
available to respond to such calls. The list will be
due by 8:00 a.m. every Monday morning throughout the
term of this Agreement and will show the staff's name,
primary phone number and alternate phone number.
1.1.3 Make all modifications, extensions, additions and
improvements in and to VERNON's Electric System, as
shall from time to time be required or necessary to
serve in a safe and reliable manner the electric power
requirements of VERNON and its customers, both present
and future.
1.1.4 Furnish all labor, supervision and services and, in
the event not furnished by VERNON, transportation,
equipment, materials, supplies and tools of whatsoever
kind or nature as shall from time to time be required
or necessary to carry out the terms and provisions of
this Agreement, including, but not limited to,
- 2 -
MMU.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
maintenance of office and field staffs, and
construction and operations headquarters within the
city limits of VERNON, as shall be required or
necessary to meet the needs and requirements of VERNON
and its customers, both present and future. VERNON may
provide use of a city -owned building(s), structure(s)
and/or a storage yard on city -owned property for use
by PETRELLI in connection with the services performed
under this Agreement. PETRELLI shall be responsible
for all tenant -type improvements and security in
connection with the use of such city -owned property.
1.1.5 VERNON may provide VERNON-owned vehicles for use by
PETRELLI in performing the work under this Agreement.
To the extent VERNON does not provide its own
vehicles, PETRELLI will provide the vehicles needed to
perform the work and shall bill VERNON for the use of
such vehicles pursuant to the hourly or monthly rates
agreed upon for such vehicles in the attached Exhibit
A, "PETRELLI FEES FOR SERVICES."
1.1.6 VERNON shall normally supply all material and supplies
required for routine work by PETRELLI pursuant to this
Agreement. PETRELLI shall supply all materials and
supplies required by PETRELLI that are not supplied by
VERNON in addition to those which PETRELLI is
requested by VERNON to supply. Before purchasing
materials or supplies, PETRELLI shall check with
VERNON to assure that such materials or supplies are
not available from VERNON. VERNON shall compensate
- 3 -
l
I. . II
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
151
16
17
18
19
20
21
22
23
24
25
26
27
28
PETRELLI for such materials and supplies in accordance
with Exhibit A, "PETRELLI FEES FOR SERVICES."
1.1.7 Furnish to VERNON current accountings and reports,
with sufficient supporting data covering activities
engaged in and work performed by PETRELLI. Such
accountings and reports shall be provided every thirty
days, on the first business day (Monday through
Thursday) of each month throughout the term of this
Agreement. All such accountings shall comply with the
Federal Energy and Regulatory Commission (FERC)
accounting principles and VERNON's accounting system.
1.1.8 Make electrical measurements and reports as requested
by VERNON to provide operational data on VERNON's
Electric System.
1.1.9 Install transformers, switches, cutouts, lines and
other facilities on the transmission and distribution
systems as required for repairs, replacements, new
customers and system expansion.
1.1.10 Remove underground and overhead facilities no longer
needed.
1.1.11 Perform other work on underground and overhead
systems, as required.
1.1.12 Carry out troubleshooting activities including
responding to customer calls and complaints, traveling
to various sites in VERNON, assessing and estimating
failures or damages, safely restoring service as
quickly as possible, and reporting on system and
equipment status.
- 4 -
1 1.2 All work shall be performed in accordance with VERNON's
21 standards, codes, ordinances, rules, regulations and
3 operating procedures. Where no such applicable code,
4 ordinance, rule, regulation or operating procedure exists,
5 PETRELLI shall perform work in accordance with good utility
6 practice.
7 1.3 If a new facility (customer substation, cogeneration
8 substation, or transmission line) is to be constructed by
g VERNON, PETRELLI shall be permitted an opportunity to submit
10 a bid or proposal to construct any such facility. VERNON
11 reserves the right to permit the customer to construct any
12 customer facilities and to negotiate agreements with any
13 contractors, including PETRELLI, if VERNON is to construct
14 such facility.
15 1.4 Work Authorizations: All work, with the exception of
16 emergency work, shall be performed pursuant to approved work
17 authorizations and will be scheduled with VERNON. Work
18 authorizations will fall into the following categories:
19 1.4.1 Major Work: Major modifications, extensions,
20 addition, and improvements, including large
21
maintenance jobs will be accomplished under pre-
22 approved work orders. Large maintenance jobs are
23 defined as those estimated in advance to take more
than 5 crew days.
24
1.4.2 Emergency Work: Emergency repairs shall be initiated
25
as soon as possible by PETRELLI under a pre -assigned
26
work order number. PETRELLI shall seek VERNON's
27
approval for the work order at the start of the next
28
- 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
161
17
18
19
20
21
22
23
24
25
26
27
28
1.5
1.6
business day after the work is initiated.
1.4.3 Routine Work: Routine maintenance work will be
completed under pre -approved standing work orders
specifically established for these activities.
Routine work will include line patrol, switching,
replacement of minor components, minor modifications
and additions, and other routine work normally
required on electric utility systems. PETRELLI and
VERNON will collaborate in establishing a number of
standing work orders.
Scheduling of Work: PETRELLI shall provide VERNON's
authorized representative, no later than 10:00 a.m. on
Thursday of each week, with a proposed plan and schedule of
work for the following week. VERNON's authorized
representative shall approve or make modifications to the
proposed plan and schedule no later than 2:00 p.m. on the day
that the schedule is provided. Once approved, the plan and
schedule shall be PETRELLI's authorization to perform work
during the following week. The timing of such submittals and
meetings may be changed by mutual agreement between VERNON
and PETRELLI's authorized representatives. Concurrent with
the submission of its proposed plan and schedule, PETRELLI
shall also submit a status report on the previous week's
work,
Maintenance Schedule/Plan.
1.6.1 PETRELLI shall provide VERNON monthly maintenance and
inspection schedules identifying the location and
circuit name. PETRELLI shall maintain and inspect the
- 6 -
1
Electric System pursuant to the requirements of
2
California Safety Orders No. 95, 128 and 165. The
3
maintenance and inspection schedule shall include the
4
following:
5
■ Insulator washing (transmission, distribution and
6
substations).
7
■ Street lighting inspection.
8
■ Customer substation inspection.
9
■ Manhole and underground cable inspection.
10
• Pole inspection and testing.
11
• Distribution circuit inspection.
12
• Transmission system inspection.
13
1.6.2 PETRELLI shall maintain a system database to track and
14
report inspection results and corresponding
15
repairs/correction.
16
1.7 Staffing Levels '
17
1.7.1 To perform the foregoing services, PETRELLI shall
18
provide a minimum level of employee staffing and said
19
staff shall be dedicated to perform services on
20
VERNON's Electric System. The employee staffing is as
follows:
21
Quantity Classification
22
23
1 Manager
1 Line Foreman
24
5 Lineman
25
2 Troubleshooter
26
2 Clerk/Secretary
27
1 Warehouse/Utility Worker
12 Total
- 7 -
1
PETRELLI may supplement this level of staffing with
2
pre -approval by VERNON, to the extent necessary to
3
perform such services. PETRELLI shall not increase or
4
decrease this level of staffing by adding or deleting
5
full-time employees without the prior written approval
6
of VERNON. In the event VERNON wishes to increase or
7
decrease the scope of the services provided for
8
herein, VERNON shall be permitted to do so upon
9
providing 4 months written notice to PETRELLI.
10
PETRELLI may also supplement this level of staffing
11
through the use of subcontractors, if pre -approved by
121
VERNON, to the extent necessary to perform such
13
services; to the extent subcontractors are authorized,
14
PETRELLI may bill VERNON an administrative fee of 5%
15
of its cost for such subcontractors. The scope of
16
services may also be increased or reduced by mutual
171
agreement.
181
1.7.2 PETRELLI shall consult with VERNON d VERNON shall
an '
19
have the right to consult with PETRELLI relating to
20
the qualifications of the employees who will be
assigned and dedicated to work on VERNON's Electric
21
System.
22
1.7.3 PETRELLI shall give preference to the hiring of
23
employees that are currently utilized by VERNON's
24
existing contractor, VERNON shall have the discretion
25
to approve, or not approve, the hiring of any such
26
individuals by PETRELLI to perform the work required
27
by this Agreement.
28
- 8 -
l
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
1.7.4 VERNON shall have the option of making housing at
reasonable costs available to PETRELLI for its
employees dedicated to VERNON's service under the
following conditions:
1.7.4.1 The employee must be an employee that is
assigned to respond to emergency services and
is able, during the occupancy of the housing
unit, to respond to said emergencies. In the
event that the individual is unable to
respond to said emergencies, another PETRELLI
employee shall be provided the occupancy so
that said employee can respond to emergency
services.
1.7.4.2 The occupancy shall not be provided within
the city limits of VERNON but shall be
provided in locations in close proximity to
VERNON.
1.7.4.3 The employee shall sign an appropriate lease
agreement with VERNON. However, PETRELLI
shall be responsible for certifying that the
employee is able to provide the emergency
services. If PETRELLI is unable to certify
that the employee is able to provide
emergency services, PETRELLI shall cause the
employee to terminate his or her tenancy and
recommend the assignment of a different
employee to the tenancy for the purpose of
providing the emergency services pursuant to
- 9 -
1
this Agreement.
2
1.7.4.4
VERNON shall set the terms and conditions of
3
the lease at its sole discretion, except for
4
the requirement that the employee is
5
responsible for emergency services.
6
1.7.4.5
The employee shall agree to abide by all of
7
the terms and conditions of the lease
8
arrangement. If VERNON is required to bring
9
legal action to enforce the terms and
10
conditions of the lease arrangement, PETRELLI
it
shall reimburse VERNON for all of its legal
12
costs and expenses, including attorney's
13
fees, incurred in relation to the enforcement
14
of such.
15
1.7.4.6
The purpose and function of providing said
16
housing is to insure VERNON that an able
171
bodied, PETRELLI employee will be available
18
to respond to an emergency if one occurs, at
19
any time, twenty-four hours a day, three
20
hundred and sixty five days a year.
1.7.4.7
The inability of an employee to physically
21
respond to emergency calls for a period of
22
ninety days will immediately cause the
23
employee to be ineligible to continue to
24
receive housing services from VERNON. When
251
an employee has been unable to physically
26
respond to emergency calls for thirty days,
27
PETRELLI shall certify, not later than the
28
- 10 -
2
3
4
5
6
7
8
9
10
11
121,
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1.9
1.10
next business day, that the employee will be
able to provide emergency services before the
expiration of ninety days from the date the
employee first was unable to respond. If
PETRELLI is unable to so certify, it shall
recommend the assignment of a different
employee to that tenancy for the purpose of
providing emergency services pursuant to this
Agreement.
PETRELLI shall not accept or bid for any work for any of
VERNON's customers, unless VERNON provides, in its sole
discretion, advance written consent and agrees that such work
shall not constitute a conflict of interest.
PETRELLI agrees that it shall provide services and maintain
VERNON's Electric System for and on behalf of VERNON, subject
to and in accordance with good utility practice and within
the terms and provisions of this Agreement and direction
given by VERNON's authorized representatives. PETRELLI shall
also respond to VERNON's requirements for any and all VERNON
city purposes and of all VERNON customers, both present and
future, of VERNON's Electric System and shall provide safe,
proper, efficient and reliable services as provided under
good utility practice.
An organization chart is attached hereto as Exhibit B. Such
exhibit may be revised from time to time in accordance with
section 1.7.1 of this Agreement.
1 2. TRANSITION PERIOD
2 VERNON anticipates that a transition period, lasting approximately
3 thirty to sixty days, will be required in order to smoothly
4 transfer the duties to be performed by PETRELLI under this
5 Agreement from the contractor currently providing such services
6 for VERNON. VERNON anticipates that management staff for PETRELLI
7 and VERNON's current contractor may need to co -exist and work
8 cooperatively during the transition period in order to provide for
g a smooth transfer of duties. PETRELLI shall cooperate with VERNON
10 and its current contractor in order to provide for a successful
11 transition of services.
12 3. FEES FOR SERVICES
13 3.1 For services provided by PETRELLI to VERNON pursuant to this
141 Agreement, VERNON shall pay PETRELLI in accordance with the
151 rates and charges set forth in Exhibit A, "PETRELLI FEES FOR
16 SERVICES," attached hereto. The rates set forth in Exhibit A
17 may only be increased during the term of this Agreement to
18 the extent PETRELLI's costs rise under the "California
19 Outside Line Construction Agreement between Western Line
20 Constructors Chapter of N.E.C.A and Local Union No. 1245 AFL
21 CIO International Brotherhood of Electric Workers."
22 3.2 To the extent the rates are increased and agreed upon by
23 VERNON pursuant to this Section 3.1, PETRELLI shall revise
24 Exhibit A and old Exhibit A shall be replaced with the
25 revised Exhibit A. The revised Exhibit A shall become part
26 of this Agreement as if originally attached on the effective
27 date of this Agreement.
28 3.3 VERNON shall only pay PETRELLI for the work performed under
- 12 -
1 this Agreement pursuant to the fees set forth in Exhibit A.
2 PETRELLI shall be responsible for paying the salaries of its
3 own employees, as well as payment for all relevant holidays,
4 vacation time and other benefits. VERNON will not be
5 responsible, in any way, for the payment of the salaries or
6 benefits for PETRELLI's employees.
7 4. BILLING AND PAYMENT
8 PETRELLI shall submit a monthly invoice to VERNON setting forth
g the amount due for services and itemizing amounts due for expenses
101 provided or incurred for the prior month. VERNON shall pay such
11 invoice within thirty days after receipt.
12 S. INDEPENDENT CONTRACTOR
13 PETRELLI shall provide services to VERNON as an independent
14 contractor, not as an employee of VERNON, and shall obtain and
15 maintain in effect, during the term of this Agreement, appropriate
16 licenses to provide the services described herein. PETRELLI shall
17 not have or claim any right arising from employee status.
18 6. TERM OF AGREEMENT / SUSPENSION OF WORK
19 6.1 This Agreement shall become effective on the date referred to
20 in the first paragraph of page 1 of this Agreement and,
21 unless terminated earlier in accordance with the terms of
221 this Agreement, shall be effective for a term of 5 years.
23 6.2 VERNON will have the option to extend the Agreement term for
24 an additional 5-year term(s). Notice of such an extension(s)
25 will be provided at least ninety days before the expiration
26 of the current term. Such an extension(s) will constitute an
27 amendment(s) to the Agreement and will be executed pursuant
28 to the provisions of section 16 of this Agreement.
- 13 -
1
6.3
Notwithstanding any other provision of this Agreement, either
2
Party may terminate this Agreement by giving 1-year advance
3
written notice to the other Party. VERNON may also terminate
4
this Agreement upon forty-five days written notice for
5
material breach of this Agreement by PETRELLI.
6
6.4
Upon termination of this Agreement, PETRELLI shall have no
7
further obligation to provide services to VERNON. If this
8
Agreement is terminated prior to completion of the services
9
to be provided hereunder, PETRELLI shall render a final
10
invoice for services to VERNON within thirty days after the
11
date of termination. VERNON shall pay PETRELLI for all fees
12
earned and expenses incurred prior to the date of termination
13
in accordance with Section 4 of this Agreement.
14
6.5
In the event VERNON has just and reasonable cause to believe
15
that electric service to its customers is in jeopardy as a
16
result of PETRELLI's performance or failure to perform
17
hereunder, VERNON shall so notify PETRELLI in writing. If
18
PETRELLI fails to correct such problem within 10 days after
19
receipt of said notice, VERNON may suspend this Agreement
until such problem is corrected.
20
21
7.
INSURANCE
221
7.1.
PETRELLI shall maintain in effect, at its own cost,
23
employer's liability insurance, comprehensive general
24
liability insurance (bodily injury and property damage) in an
25
amount equal to five million dollars ($5,000,000) annual
26
aggregate, and comprehensive automobile liability insurance
27
(bodily injury and property damage) in an amount equal to
28
five million dollars (5,000,000) annual aggregate. Said
- 14 -
1 insurance policy shall provide for thirty days written notice
2 prior to termination or change. VERNON and its officers,
3 employees and agents shall be named as additional insureds on
4 said policy.
5 7.2. PETRELLI shall comply with all applicable worker's
6 compensation laws.
7 7.3. In addition to the standard certificate of insurance, proof
g of insurance will require for each policy, a notarized letter
91 from the underwriter or carrier certifying that the coverage
10 and statements in the standard certificate of insurance
11 (attached thereto) are true and correct and that the signator
12 is an officer authorized to so certify. Alternatively, a
13 copy of each policy certified by an officer of the
14 underwriter or carrier and notarized, may be provided as
15 proof of insurance.
16 8. LIABILITY
17 8.1. PETRELLI shall indemnify, defend and hold harmless VERNON,
181 its directors, officers, partners, employees and agents from
19 and against any and all liability, claims, demands, damages,
20 losses and expenses, including but not limited to attorney's
21 fees, resulting from negligent acts, errors or omissions by
22 PETRELLI or its subcontractors, in the provision of services
23 pursuant to this Agreement. Liability, claims, demands,
24 damages, losses or expenses resulting from negligent acts,
25 errors or omissions, whether active or passive, by VERNON,
26 its directors, officers, partners, agents, employees, or by
27 others are excluded from PETRELLI's obligations pursuant to
281
this Section 8.1.
- 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16'
17
18
19
20
21
22
230
24
25
26
27
28
8.2. PETRELLI shall also indemnify, defend and hold harmless
VERNON, its directors, officers, partners, employees and
agents from and against any and all liability, claims,
demands, damages, losses and expenses, including but not
limited to attorney's fees, for injuries to person or damage
to property resulting from negligent acts, errors, or
omissions by PETRELLI, its directors, officers, agents and
employees in the provision of service hereunder. Liability,
claims, demands, damages, losses or expenses resulting from
negligent acts, errors, or omissions, whether active or
passive, by VERNON, its directors, officers, partners,
agents, employees, or by others are excluded from PETRELLI's
obligations pursuant to this Section 8.2.
8.3. Nothing in this Agreement shall be construed to create a duty
to, any standard of care with reference to, or any liability
to any person not a party to this Agreement.
9. AUTHORIZED REPRESENTATIVES
Within thirty calendar days after the date of execution of this
Agreement, each Party shall designate by written notice to the
other Party a representative who is authorized to act on its
behalf in the implementation of this Agreement and with respect tol
those matters contained herein that are the functions and
responsibilities of the authorized representatives. Either Party
may at any time change the designation of its authorized
representative by written notice to the other Party.
10. OWNERSHIP OF DATA, INFORMATION AND DOCUMENTATION
All data and information collected and obtained by PETRELLI shall
be the property of VERNON and shall be stored and filed at the
- 16 -
1 operations headquarters located within the city limits of VERNON.
2 PETRELLI hereby relinquishes any and all claims of ownership to
3 any and all documents and/or information obtained in performing
4 services for VERNON relating to VERNON's Electric System.
5 However, PETRELLI may keep copies of such data, information and
6 documentation as necessary to perform services hereunder and also
7 for historical purposes. PETRELLI shall be prohibited from using
8 such data, information or documentation in any way adverse to
g VERNON, other than for the purposes of litigation between PETRELLI
10 and VERNON pertaining to this Agreement or the services provided
11 hereunder.
12 11. CONFIDENTIAL INFORMATION
13 11.1. VERNON may provide PETRELLI, or allow PETRELLI access to,
14 certain information not available to the public concerning,
151 but not limited to VERNON, or businesses located in VERNON.
16 The information may include, but is not limited to, company)
17 information, taxes, sales, value of assets, utility usage or
18 other such information. All such information shall be known
191
as "Confidential Information" and may not be used to
20 circumvent the responsibility of either Party to this
21 Agreement.
22 11.2. Except as expressly permitted, PETRELLI shall not disclose,
23 permit the disclosure of, release, disseminate or transfer,
24 whether orally or by any other means, any part of such
25 Confidential Information to any other person or entity,
26 whether corporate, governmental or individual, without the
27 express prior written consent of VERNON. PETRELLI shall
return any written Confidential Information and all copies
28
- 17 -
1 made of such items, to VERNON upon VERNON's written request,
2 but in any event not later than the date that PETRELLI has
3 performed all services to be performed pursuant to this
4 Agreement. PETRELLI hereby agrees that such Confidential.
5 Information and any documents provided may be used by
6 PETRELLI only as authorized by VERNON. PETRELLI shall take
7 reasonable measures to avoid any disclosure of any such
8 Confidential Information to any unauthorized person.
9 11.3 PETRELLI shall immediately notify VERNON of any court order
10 or subpoena requiring disclosure of Confidential
11 Information, and shall cooperate with legal counsel in the
12 appeal or challenge of any such order or subpoena. PETRELLI
13 may only disclose Confidential Information required to be
14 disclosed pursuant to court order or subpoena after legal
15 counsel has exhausted any lawful and timely appeal or
16 challenge.
17 11.4 In addition to any other remedies that it may have at law or
18 in equity, VERNON shall be entitled to a temporary and
19 permanent injunction by a court of competent jurisdiction
20 against any breach or threatened breach of the Confidential
21 Information provisions of this Agreement. PETRELLI
22 acknowledges that in case of such breach or threatened
23 breach of said provisions, VERNON would have no adequate
remedy at law.
24
12. SUCCESSORS IN INTEREST
25
This Agreement shall be binding on each Party's successors in
26
interest, including their heirs, legatees, assignees and legal
27
representatives. This Agreement shall not be assigned by PETRELLI
28
=W—M
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19i
20
21
22
23
24
25
26
27
28
unless VERNON consents to such an assignment, in writing, which
consent shall be at VERNON's sole discretion, in which event this
Agreement shall inure to the benefit of its successor in interest.
In the event of a change in ownership of PETRELLI, VERNON
reserves the right, in its sole discretion, to terminate the
Agreement by providing notice within forty-five days of receipt of
a written notice by PETRELLI that a sale has occurred.
13. FORCE MAJEURE
Neither Party shall be considered to be in default in the
performance of any of its obligations under this Agreement (other
than obligations of said Party to pay costs and expenses) when a
failure of performance shall be due to an uncontrollable force.
The term "uncontrollable force" shall mean any cause beyond the
control of the Party affected, including but not restricted to
flood, earthquake, storm, fire, lightning, epidemic, war, riot,
civil disturbance or disobedience, sabotage, restraint by court
order or public authority, and action or non -action by or
inability to obtain the necessary authorization or approvals from
any governmental agency or authority, which by exercise of due
diligence such Party could not reasonably have been expected to
avoid and which by exercise of due diligence it has been unable to
overcome. If PETRELLI notifies VERNON that it will be unable to
perform services hereunder as a result of an uncontrollable force,
VERNON may, at its option, use its own staff or other contractors
to perform such services at VERNON's expense, in which case VERNON
shall compensate PETRELLI only for those employees of PETRELLI
that are available to work for VERNON. Either Party rendered
unable to fulfill any of its obligations under this Agreement by
- 19 -
1
reason of an uncontrollable force shall give prompt written notice
2
of such fact to the other Party and shall exercise due diligence
3
to remove such inability with all reasonable dispatch.
4
14.
WAIVER
5
Any waiver at any time by either Party of its rights with respect
6
to a default under this Agreement, or with respect to any other
7
matters arising in connection with this Agreement, shall not be
g
deemed a waiver with respect to any subsequent default or other
9
matter.
10
15.
SEVERAL OBLIGATIONS
11
Except where specifically stated in this Agreement to be
12
otherwise, the duties, obligations, and liabilities of the Parties
13
are intended to be several and not joint or collective. Nothing
14
contained in this Agreement shall be construed to create an
15
association, trust, partnership or joint venture or impose a trust
16
or partnership duty, obligation or liability on or with regard to
17
either Party. Each Party shall be individually and severally
18
liable for its own obligations under this Agreement.
16.
AMENDMENT
19
20
All changes or modifications to this Agreement shall be in writing
and signed by both Parties.
21
17.
DEFAULT
22
In the event PETRELLI commits a breach of a material condition of
23
this Agreement, VERNON shall notify PETRELLI in writing of said
24
breach. If PETRELLI has not cured or begun reasonable efforts to
25
cure within fifteen working days after receiving said notice, and
26
fails to diligently pursue corrective action, VERNON shall have
27
the right to cancel this Agreement or seek any other remedy
28
- 20 -
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
against PETRELLI that it may have under the Agreement or under the
law. Among other things, PETRELLI shall be deemed to be in
default under this Agreement if PETRELLI files for bankruptcy or
another person or entity institutes against PETRELLI a bankruptcy,
reorganization, moratorium, liquidation or similar insolvency
proceeding or other relief under any bankruptcy or insolvency law
affecting creditor's rights or a petition is presented or
instituted for its winding -up or liquidation.
18. NOTICES
18.1 Any notice, demand, information, invoice, report or item
otherwise required, authorized or provided for in this
Agreement, unless otherwise specified herein, shall be
deemed properly given if delivered in person or sent by
United States Mail, First Class postage prepaid:
To PETRELLI: PETRELLI ELECTRIC, INC.
11615 Davenport Road
Agua Dulce, California 91390
Attn: Sal Petrelli
To VERNON: CITY OF VERNON
4305 Santa Fe Avenue
Vernon, California 90058
Attn: City Clerk
18.2 All notices shall be deemed effective upon receipt by the
Party to whom suchnoticeis given. Either Party may, at
any time, by notice to the other Party, designate different
- 21 -
1
or additional persons or different addresses for the giving
2
of notices hereunder.
3
19.
GOVERNING LAW
4
This Agreement shall be construed and interpreted according to,
5
and the rights of the Parties shall be governed by, the laws of
6
the State of California.
71
20.
ENTIRE AGREEMENT
8
20.1 This Agreement constitutes the complete and final expression
9
of the agreement of the Parties and is intended as a
10
complete and exclusive statement of the terms of their
11
agreements and supercedes all prior and contemporaneous
12
offers, promises, representations, negotiations,
131
discussions, communications, and agreements that may have
14
been made in connection with the subject matter hereof.
15
20.2 The following exhibits attached hereto are incorporated by
161
reference as if fully set forth herein:
17
Exhibit A: PETRELLI FEES FOR SERVICES
18
Exhibit B: VERNON- PETRELLI - ORGANIZATION CHART
19
21.
SEVERABILITY
20
If any of the provisions of this Agreement are found or deemed by
21
a court of competent jurisdiction to be invalid or unenforceable,
22
they shall be considered severable from the remainder of this
23
Agreement and shall not cause the remainder to be invalid or
unenforceable.
24
25
22.
SIGNATURE CLAUSE
26
The signators hereto represent that they are authorized to enter
27
into this Agreement on behalf of the Party for whom they sign.
28
- 22 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14'
151
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
CITY OF VERNON
a California Corporation
By:
�LENIS C. MA UR�.Myor
ATTES
BRUCE V. MALKENHORST, City Clerk
APPROV,ED AS TO
e
ERIC T. FRESC ity torney
PETRELLI ELECTRIC, INC.
a California Corporation
By:
CiAby Petrelli
Title: President
By _ is
Sal Petrelli
Title: Secretary
- 23
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
EXHIBIT A
PETRELLI FEES FOR SERVICES
RATES THROUGH DECEMBER 31, 2003
A. HOURLY LABOR RATES PER CLASSIFICATION
CLASSIFICATION
STRAIGHT TIME
DOUBLE TIME
MANAGER
$94.00
$168.00
FOREMAN
$88.00
$158.00
LINEMAN
$84.00
$148.00
TROUBLESHOOTERS
$84.00
$148.00
GROUNDMAN
$65.00
$110.00
OPERATOR
$72.00
$124.00
SECRETARY/CLERK
$27.00
$ 40.50
B. MONTHLY EQUIPMENT RATES
EQUIPMENT
RATES
FLATBED TRUCK
$1,680.00
ALTEC 4065 DERRICK
$6,560.00
ALTEC 947 DERRICK
$5,280.00
ALTEC AM855 BUCKET
$5,120.00
ALTEC AM 900 BUCKET
$5,440.00
ALTEC A77TE93 BUCKET
$6,880.00
ALL FUEL FOR THE ABOVE TRUCKS WILL BE PROVIDED BY THE CITY OF VERNON AS
REQUESTED.
B.2 HOURLY RATES - ADDITIONAL EQUIPMENT (ON AS NEEDED BASIS)
EQUIPMENT
RATES
TECO V7-75 BUCKET
$ 35.00
PJ 400-60' DERRICK
$ 42.00
HOGG DAVIS WIENER HOUND
$ 8.00
LARGE REEL TRAILER
$ 12.00
POLE DOLLY
$ 8.00
FUEL FOR ABOVE VEHICLES WILL BE PROVIDED BY PETRELLI ELECTRIC, INC.
A-1
EXHIBIT "A"
1 C. MATERIALS AND SUPPLIES
City shall normally provide all materials and supplies required for routine work by Contractor. Contractor
2 shall provide all materials and supplies required by Contractor which are not supply by City in addition to
3 those which Contractor is requested by City to supply. Before purchasing materials or supplies, Contractor
shall check with Check to assure that such materials or supplies are not available from City.
4 City shall compensate Contractor for all expenses incurred for such materials and supplies required to
5 perform all services to maintain the electric services (such as transformers, cables terminators, splices,
switches, capacitors, etc.) in a safe and reliable manner.
6 Contractor will bill City 5% for the costs of the materials and supplies purchased by the Contractor.
7
8 D. SUBCONTRACTORS
Contractor may supplement major and emergency work with subcontractors to complete work or restore
9 electric service. Subcontractors may be hired with pre -approval by City.
10 Contractor will bill City 5% for the costs of the subcontractor.
11
12 E. BILLING AND PAYMENT
Contractor shall submit a monthly statement to City setting forth the amount due for services and itemizing
13 amounts due for materials and equipment. City shall pay the full amount of such statement within thirty
14 (30) days after receipt.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A-2
EXHIBIT "A"
EXHIBIT B
VERNON-PETRELLI ORGANIZATION CHART
I City of Vernon I I
1.
Executive Director
Light & Power
Director
Light & Power
Assistant Director
of Engineering & Operations
I Petrelli Electric, Inc. I
Manager
FULL TIME STAFF W SUBCONTRACTORS**
1 - Line Foreman
5 - Lineman
2 - Troubleshooter
2 - Clerk/Secretary
1 - Warehouse/Utility Worker
** Must be pre -approved by Vernon
s
SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
Chief Executive Officer of
Light & Power
FAX: (323) 826-1438
Finance Committee
City of Vernon
Honorable Members:
n
ERIC T. FRESCH
City Attorney
FAX: (323) 826-1439
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
December 16, 2004
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
SOL BENUDIZ
Police Chief
FAX: (323) 826-1481
LEWIS J. POZZEBON
Director of Environmental Health
FAX: (323) 588-4320
It is necessary at this time that the execution of Work Authorization
No. 04-008, to retain the services of Petrelli Electric, Inc., to act
as a General Contractor to furnish required material and labor to
repair Trowbridge 16kV circuit and replace any necessary cabling at an
amount not to exceed $88,980.00, plus a 5% administrative cost
utilizing Hampton as the subcontractor be ratified.
This has been reviewed by the City Attorney and due to the urgency of
this matter involving the construction of the Malburg Generating
Station, it is hereby recommended that Work Authorization No. 04-008
with Petrelli Electric, Inc., be ratified.
Very truly yours,
Bruce V. Malkenhorst
Director of Finance
BVM/ng
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: December 15, 2004
TO: Bruce V. Malkenhorst, City Administrat r/City Clerk
FROM: Eric T. Fresch, City Attorney E'
RE: Malburg Generating Station Project: Petrelli Electric,
Inc. Work Authorization No. 04-008
Dear Bruce:
I recommend that the City retain the services of Petrelli Electric,
Inc. to act as a General Contractor regarding the following matter,
and the City Administrator execute the attached Work Authorization
No. 04-008, subject to ratification by the City Council:
1. Furnish required material and labor to repair Trowbridge 16kv
circuit to place the circuit in service and replace necessary
cabling for a not to exceed amount of $88,980.00 (plus a 5%
administrative cost). The subcontractor to be used is Hampton
Tedder.
The existing Trowbridge 16kv circuit was found to have high
circulating current and is currently out of service until repairs
are made to place the circuit in service and grounding issues have
been resolved in the vaults.
I look forward to discussing this matter with you at your earliest
convenience.
EF:jl
Attachments
cc: Manuel Garcia, Generation Operations Manager
CITY OF VERNON WORK AUTHORIZATION
Number: 04-008 j /�-k �- ,/c/ds
Approved by Finance Committee/City Council on:
Pursuant to Sections 1.4 and 1.7 of the Electric System Maintenance Agreement between
Petrelli Electric Incorporated ("Petrelli") and the City of Vernon, and all amendments thereto
(collectively referred to as the "Agreement"), the City of Vernon issues this Work
Authorization to Petrelli for the following Scope of Services. The work authorized herein shall
be completed pursuant to the same terms and conditions of the Agreement, unless otherwise
indicated.
City Contact Person: Manuel Garcia, Generation Operations Manager 4i44+
Scope of Services:
Trowbridge 16kv Circuit
Replace cable from ManHole 641 to Rise Pole PSI 04, 1,600 ft.
Price: $88,980.00
Schedule:
Complete work no later than 3/l/05.
Subcontractors:
Hampton Tedder
Additional Insurance Required (if yes, set forth:
None.
Authorized by:
Bruce V. Malkenhorst,
City Administrator
Dated: 13��
Approved as to Form:
Eric Fresch, City Attorney
Acclb:
lli lectric, Inc.
INTEROFFICE
MEMORANDUM
Light & Power Department - Operations Division
DATE: 12/15/04�\
TO: Eric. T. Fresch, City Attorney
FROM: Manuel G. Garcia, Generation Operations Manager JP
SUBJECT: Petrelli Work Authorization 04-008 — Trowbridge 16kv Circuit
Attached you will find the work authorization for the repair of the Trowbridge 16kv cable.
Please call me if you have any questions.
t
11`J'rE,1 JrrI (�.E'
POWER PLANT OPERATIONS/CONTROL CENTER
DATE: December 2, 2004
TO: Manuel Garcia, Generation & Operations Manager
FROM: Carlos Fandino, Systems Manager Q�- 1 z1 Z (C)LI
SUBJECT: Trowbridge 16kv Circuit
On April 16, 2004, the Trowbridge 16kv circuit was found to have high circulating
current on the concentric neutrals in manholes 640 and 641. It was later discovered that
the high circulating current was induced by isolating three 1250-mcm cables in separate
galvanized conduits. The circuit is currently out of service until such repairs are made to
place the circuit in service.
Before this work could be completed, Petrelli needed to resolve all grounding issues in
the Trowbridge vaults. Recently, the vaults have been completed and are clear for the
following scope of work to be initiated.
Scope of Work
1. Isolate this 1250mcm circuit at M0640
2. Remove and dispose of cable from M0640 to Riser Pole PSI 04, distance is approximate
1,600 circuit feet.
3. Furnish and Install 1,000mcm, 15kv, 220mil circuit from M0640 to Riser Pole PS104;
distance is approximate 1,600 circuit feet.
4. Furnish and install cable support stand off step insulators at M0640, M641 and M0801.
5. Furnish and install (3) Elastimold 15kv Inline splices at M0640, 1,250mcm to
1,000mcm.
6. Furnish and install (3) Elastimold 15kv Inline splices at M064_1, 1,000mcm to
1,000mcm.
7. Furnish and install (3) Elastimold 15kv T-Body splices at M641, 1,000mcm to
1,000mcm.
8. Furnish and install grounding at each splice in M0640, M0641 and M0801.
9. Furnish and install Fireproofing at M0640, M0641 and M0801
10. Furnish and install (3) Raychem 1,000mcm, 15kv, Outdoor Terminations at Riser Pole
PS 104.
Total Proiect Price: $ $ 88, 980.00
s
450 State Street
P.O. Box 2338
Monldei . CA 91763
Harnpon Tedder Technical Services
HIGH VOLTAGE MAINTENANCE, TESTING AND ENGINEERING
Petrelli Electric
2323 Vernon Ave
Vernon, CA 90058
Ph: (323) 589-9894
Fax: (323) 589-9890
Attention: Sal Petrelli
RE: Trowbridge Circuit 16kv Circuit
Day (909) 625-1258
NWNt (909) 628-1253
Fax (909) G284 WS
As per your request, Hampton Tedder Electric would like to provide the following Material and
Labor proposal for cable replacement on the Trowbridge Circuit.
SCOPE OF WORD
l . Isolate this 1250mem circuit at M0640
2. Remove and dispose of cable from M0640 to Riser Pole PS 104, distance is
approximately 1,600 circuit feet.
3. Furnish and install 1,000mcm, 15kv, 220mil circuit from M0640 to Riser Pole PS104;
distance is approximately 1,600 circuit feet.
4. Furnish and install cable support standoff step insulators at M0640, M641 and M0801.
5. Furnish and install (3) Elastimold 15kv Wine splices at M0640, 1,250mcm to
1,000mcm.
6. Furnish and install (3) Elastimold 15kv Inline splices at M0641, 1,000mcm to
1,000mcm.
7. Furnish and install (3) Elastimold 15kv T-Body splices at M641, 1,000mcm to
1,000mcm.
8. Furnish and install grounding at each splice in M0640, M0641 and M0801.
9. Furnish and install Fireproofing at M0640, M0641 and M0801
10. Furnish and install (3) Raychem. 1,000mcm, 15kv, Outdoor Terminations at Riser Pole
PS 104.
`ShAPNMG THE FUTURE OF THE ELECTRICAL SERVICE MMDUSTRY"
CORPORATE (909020-12W • AR¢ONA (4M 9W ?M • NE~ MM 4524=
FAX OM 62S- M FAX (4M W-M FAX (702) 463"2
LIC. 6 298989 Lie. i 1 1e616 TRANS. LtNES A-17 LIC. 0 30279
LOC. 0 ISM12 ELECTRICAL L-11
Page — 2
November 9, 2004
Hampton Tedder
Total Project Price: $ $ 88,980.00 Straight Time
If I can offer any additional information, please contact my office at (909) 628-1253 or cell
(909) 208-0898.
Sincerely,
Jim Brenton
Vice President