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Resolution No. 83551 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 e t Y RESOLUTION NO. 8355 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN EQUIPMENT PURCHASE AND PROFESSIONAL SERVICES CONTRACT BY AND BETWEEN THE CITY OF VERNON AND HAMPTON TEDDER ELECTRIC CO., INC. FOR THE MALBURG GENERATING STATION PROJECT WHEREAS, the City of Vernon ("City") is constructing a 134 MW Combined Cycle Power Plant, the Malburg Generating Station (the "Malburg Project"), for the purpose of installing additional generating capacity that will yield an efficient, cost-effective, and reliable source of electric generation to the City's inhabitants; and WHEREAS, on July 16, 2003, the City Council of the City of Vernon adopted Resolution No. 8252 with the intention of expediting the purchase of supplies and services for the Malburg Project; and WHEREAS, the City has determined that it needs the services of a company to provide a turnkey package of material and services necessary to complete Phases 4 and 5 of the Paper Insulated Lead Cable Replacement Program ("PILC Replacement Program") to facilitate the Malburg Project; and WHEREAS, Phases 4 and 5 of the PILC Replacement Program consists of replacing underground cable for three sections at Vernon Substation, 7 kV circuits as follows: Section 1 (West 7 kV Room, Circuits 1, 2, 4-16), Section 2 (East 7 kV Room, Circuits 17, 19 and 20), and Section 3 (Vernon Substation Outdoor Rack, Circuits 21-29); and WHEREAS, Hampton Tedder Electric Company ("Hampton Tedder") submitted a proposal dated December 17, 2003, that includes a description of the proposed cable, equipment and services necessary to . . , r 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 complete Phases 4 and 5 of the PILC Replacement Program for the Malburg Project; and WHEREAS, Hampton Tedder has successfully completed Phases 1 land 2 of the PILC Replacement Program and is nearing completion of Phase 3 of said Program; and WHEREAS, the City has determined that Hampton Tedder possesses the technical knowledge and expertise to furnish the cable, equipment and perform the services required by the City for Phases 4 and 5 of the PILC Replacement Program to facilitate the Malburg J Project; and WHEREAS, on January 27, 2004, the Finance Committee considered the recommendation of Bruce V. Malkenhorst, Director of Finance, dated January 8, 2004, to purchase the cable, equipment and services from Hampton Tedder for Phases 4 and 5 of the PILC Replacement Program to facilitate the construction and operation of the Malburg Project; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into a contract with Hampton Tedder setting forth the terms and conditions for the performance of Phases 4 and 5 of the PILC Replacement Program services during construction of the Malburg Project 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 land correct. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2: The City Council of the City of Vernon hereby approves the Equipment Purchase and Professional Services Contract with Hampton Tedder Electric Company, a copy of 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: Hampton Tedder Electric Company Attn. Jim Brenton, Vice President 4571 State Street Montclair, CA 91763-6129 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 4th day of February, 2004. ATTEST: BRUCE V. MALKENHORST, City Clerk :LEONIS C. MAL URG, M yor - 3 - 1 2 3 4 5 6 7 8 9I 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. 8355, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, February 4, 2004, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, Ci yyCClerk - 4 - EXHIBIT 0 1 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EQUIPMENT PURCHASE AND PROFESSIONAL SERVICES CONTRACT THIS CONTRACT 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 January, 2004, in the City of Vernon, County of Los Angeles, 11 California BY AND BETWEEN AND RECITALS THE CITY OF VERNON (hereinafter referred to as "City")- 4305 Santa Fe Avenue Vernon, CA 90058 HAMPTON TEDDER ELECTRIC COMPANY (hereinafter referred to as "Hampton Tedder") 4571 State Street Montclair, CA 91763-6129 WHEREAS, City is constructing the Malburg Generating Station Combined Cycle Power Plant at 2715 E. 50th Street in the City of Vernon (the "Malburg Project") for purposes of installing additional generating capacity that is capable of yielding cost effective, efficient and reliable electricity to meet its goals, while meeting Federal, State and local environmental and siting requirements; and WHEREAS, the Light and Power Department and the Malburg Project team has determined that to facilitate the Malburg Project that the Malburg Project team manage and coordinate Phases 4 and 5 of the Paper Insulated Lead Cable Replacement (hereinafter referred to as the "PILC Replacement Program"); and WHEREAS, Phases 4 and 5 of the PILC Replacement Program consists of replacing underground cable for three sections at Vernon I Substation, 7 kV circuits as follows: 2 Section 1: (West 7 kV Room): Circuits 1, 2, 4-16 (15 3 circuits total) (hereinafter referred to as "Section 1"); 4 Section 2: (East 7 kV Room): Circuits 17, 19 and 20 (3 5 circuits total) (hereinafter referred to as "Section 2"); 6 Section 3: (Vernon Substation Outdoor Rack): Circuits 21-29 7 (8 circuits total) (hereinafter referred to as "Section 3"); and 8 WHEREAS, the Malburg Project team has determined that it 91 needs the services of an electrical construction company to provide a 10 turnkey package of material and services necessary to complete Phases 11 4 and 5 of the Paper Insulated Lead Cable Replacement Program; and 12 WHEREAS, Hampton Tedder prepared a proposal dated 13 December 17, 2003 (hereinafter referred to as the "Proposal") for the 14 3/C Triplexed 750mem 15 kv, 175mil EPR Insulation, Copper, Flat Strap 15 Concentric Neutral, Jacketed cabling for circuits 1 through 29, 16 including inspection and testing necessary for the PILC Replacement 171 Program, a copy of which is attached hereto as Exhibit "A" and made a 18 part hereof; and 19 WHEREAS, Hampton Tedder has successfully completed Phases 1 20 and 2 of the Paper Insulated Lead Cable replacement and is nearing 21 completion of Phase 3 of said Program; and 22 WHEREAS, Hampton Tedder represents that it is qualified and 23 capable of furnishing the labor, materials and expertise necessary to 24 furnish cable, equipment and perform the services that the City 25 requires as set forth in the Proposal and is willing to do so on the 26 terms and conditions set forth below; and 27 WHEREAS, the City desires to enter into an agreement with 28 Hampton Tedder to provide for the labor and materials necessary for - 2 - e I the PILC Replacement Program. 2 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 3 FORTH HEREIN: 4 1. Scope of Services. 5 Hampton Tedder agrees to provide the City with a complete 6 turnkey package of material and labor for Phases 4 and 5-of the PILC 7 Replacement Program, which includes, but is not limited to, the 8 following services: manage all ordering; warehousing; shipping; 9 receiving; cutting and installation; testing of the necessary material 10 and cable; removal and disposal of existing Paper Insulated Lead 11 Cable; and services for the PILC Replacement Program as set forth and 12 described in detail in the Proposal attached hereto as Exhibit "A." 13 In the event of a conflict between the Proposal and this Contract, the 14 terms of this Contract shall prevail. 15 2. Time of Performance. 16 The performance of services by Hampton Tedder, as identified 17 herein, shall commence upon the full execution of this Contract and is 18 expected to be completed as follows: 19 (a) The work on Sections 2 and 3 is to be completed no 20 later than nine (9) months from the issuance of the City's Purchase 21 Order for Sections 2 and 3; and 22 (b) The work on Section 1 is to be completed no later 23 than sixteen (16) months from the issuance of the City's Purchase 24 Order for Section 1. 25 If the PILC Replacement Program is not completed within 26 either of these time periods, the City shall have the option of 27 canceling this Contract in order to proceed with the purchase of 28 material and equipment, the installation of the cable and provision of - 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 II services from another vendor The anticipated completion date of Hampton Tedder's services may also be extended, at the City's sole discretion, for an additional thirty (30) days, or such other time as the parties may agree in order to complete the services specified in the Proposal. 3. Testing. Hampton Tedder shall begin testing the newly installed cable promptly after the cable has been installed. City's acceptance of the newly installed cable and equipment shall be contingent upon the City's verification of the test results. In the event that the tPgt results reveal that the newly installed cable and equipment does not meet the City's preliminary specifications or the City identifies any damage to the cable and equipment, the City shall have the option of rejecting the entire project, rejecting only the damaged cable and equipment or accepting the entire project. Hampton Tedder shall be responsible for all costs that may be incurred in connection with the rejection and/or replacement of damaged cable and equipment. 4. Price. The total amount to be paid to Hampton Tedder for the cable, equipment and services performed under the Proposal shall not exceed the sum of Three Million Two Hundred Sixteen Thousand Four Hundred Forty -Three Dollars and Forty -Six Cents ($3,216,443.46), as described in more detail in the attached Proposal. 5. Payment Terms. Hampton Tedder shall submit within thirty (30) days after the last day of any month in which services have been performed or costs incurred hereunder an invoice to the City. Invoices shall contain an itemization of services rendered and the cable and - 4 - 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 equipment purchased by Hampton Tedder for which compensation is due. The City agrees to pay Hampton Tedder within thirty (30) days after City's receipt, testing and acceptance of the work and the City's receipt of an invoice from Hampton Tedder. Hampton Tedder shall be responsible for paying any subcontractors used in the performance of this Contract. Subcontractors shall not bill the City directly. 6. Change and Extra Services. City reserves the right to request changes in the cable design, delivery dates, or additions to or deletions from the cable purchased from Hampton Tedder. All such changes shall be incorporated in written change orders executed by City and Hampton Tedder and shall specify the changes ordered and the adjustment of prices, delivery schedules and warranties. Any cable, equipment or services added under this section shall be executed under all applicable conditions of this Contract. No claim for additional compensation or extension of time shall be recognized unless contained in a duly executed change order. Notwithstanding the above, City recognizes and accepts that the price of the cable, which Hampton Tedder is purchasing on behalf of the City under this contract, changes daily due to the fluctuation in copper prices. The City shall accept the final, settled price of the cable so purchased by Hampton Tedder on the day the City issues its Purchase Order under this Contract to Hampton Tedder. The related change in that final cable price shall either be added or subtracted from the final price due to Hampton Tedder under this Contract. 7. Cancellat; nn /n-fa„i +- In the event that Hampton Tedder commits a breach of a material condition of this Contract, City shall notify Hampton Tedder - 5 - 1 2 3 4 5 6 7 8 9 10 12 131I 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in writing of said breach and if Hampton Tedder has not cured or begun reasonable efforts to cure after fifteen (15) days of receipt of said notice, and fails to diligently pursue corrective action, City shall have the right to cancel this Contract for cause based on Hampton Tedder's default. Hampton Tedder shall be responsible for any direct costs due to City's re -procurement of the equivalent of the cable, equipment or services cancelled from Hampton Tedder. 8. Products of Professional Services. All documents, plans, designs, drawings, data, databases, studies, surveys, maps, models, photographs and reports prepared by Hampton Tedder, its officers, employees, agents and subcontractors in the course of performing the services under this Contract shall be considered the property of City. Such documents and materials shall be delivered to City by Hampton Tedder as they are generated; however, Hampton Tedder may take and retain copies of such documents and materials as desired. 9. Confidential Information. A. Access to Confidential Information. City may provide Hampton Tedder and/or its subcontractor with, or allow Hampton Tedder access to, certain information not available to the public concerning City, or businesses located in City. The information may include company information, taxes, sales, value of assets, or other such information. All such information shall be known as "Confidential Information" and may not be used to circumvent the responsibility of either party to this Contract. B. No Disclosure. Except as expressly permitted, Hampton Tedder and/or its subcontractor shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by - 6 - I any other means, any part of such Confidential Information to any 2 other person or entity, whether corporate, governmental, or 3 individual, without the express prior written consent of an authorized 4 representative of City. Hampton Tedder and/or its subcontractor shall 5 return any written Confidential Information and all copies made of 6 such items to City upon City's written request, but in any event not 7 later than the date that Hampton Tedder has performed all services to 8 be performed pursuant to.this Contract. Hampton Tedder hereby agrees 9 that such Confidential Information and any documents provided may be 10 used by Hampton Tedder and/or its subcontractor only as authorized by 11 the City. Hampton Tedder shall include a contract provision in its 12 contract with subcontractors that binds the subcontractors to this 13 non -disclosure requirement. Hampton Tedder shall take reasonable 14 measures to avoid any disclosure of any such Confidential Information 15 to any unauthorized person. 16 C. Court Ordered Disclosure. Hampton Tedder shall 171 immediately notify City of any court order or subpoena requiring 18 disclosure of Confidential Information, and shall cooperate with 19 City's legal counsel in responding to any such order or subpoena. 20 Hampton Tedder may only disclose Confidential Information required to 21 be disclosed pursuant to court order or subpoena after legal counsel 22 has exhausted any lawful and timely appeal or challenge. 23 D. Remedies. In addition to any other remedies that 24 it may have at law or in equity, City shall be entitled to a temporary 25 and permanent injunction by a court of competent jurisdiction against 26 any breach or threatened breach of the Confidential Information 27 provisions of this Agreement. Hampton Tedder acknowledges that in 28 case of such breach or threatened breach of said provisions, City - 7 - I would have no adequate remedy at law. 2 10. Warranties. Hampton Tedder warrants title to the cable 3 purchased hereunder and any part thereof to be free of any claim of 4 any security interest, lien or any encumbrance. Hampton Tedder also 5 warrants that the cable will be delivered new and shall be free from 6 defects in material and workmanship. The City will receive a forty 7 (40) year manufacturer's warranty, a one (1) year incidental material 8 warranty and a one (1) year labor warranty from Hampton Tedder. 9 Hampton Tedder's warranties on material and labor will begin upon 10 City's acceptance of the PILC Replacement Program. In addition, all 11 manufacturers' warranties, and any other warranties made applicable by 12 law, shall apply to City's purchase of the materials and labor 13 provided by Hampton Tedder. 14 11. Compliance with Laws. Hampton Tedder shall strictly 15 observe and comply with all applicable federal, state, and local laws, 16 ordinances and regulations governing the services provided under this 17 Contract, including but not limited to any permit or license 18 requirements of the United States Department of Commerce, as well as 19 any laws of the United States of America. 20 12. Governin2 Law. The validity, interpretation and 21 performance of this Contract shall be controlled and construed under 22 the laws of the State of California. 23 13. Forum Selection. Any action brought relating to this 24 Contract shall be brought and held exclusively in a State Court in the 25 County of Los Angeles, California. 261 14. Notices. Notices to the parties, unless otherwise 27 requested in writing, shall be sent to: 28 City: THE CITY OF VERNON - 8 - I ATTN: BRUCE V. MALKENHORST CITY ADMINISTRATOR 2 4305 SANTA FE AVENUE VERNON, CA 90058-0805 3 Hampton Tedder: HAMPTON TEDDER ELECTRIC COMPANY 4 ATTN: JIM BRENTON, VICE PRESIDENT P. 0. BOX 2128 5 MONTCLAIR, CA 91763 6 15. General Provisions. 7 A. Independent Contractor. At all times during the 8 term of this Contract, Hampton Tedder shall be an independent 9 contractor and shall not be an employee of the City. The City shall 10 have the right to control Hampton Tedder only insofar as the results 11 of Hampton Tedder's services rendered pursuant to this Contract; 12 however, the City shall not have the right to control the means by 13 which Hampton Tedder accomplishes services rendered pursuant to the 14 Contract except to the extent that such services involve the use of 15 City property or Confidential Information. 16 B. Hampton Tedder Not Agent. Except as the City may 17 specify in writing, Hampton Tedder shall have no authority, express or 18 implied, to act on behalf of the City in any capacity whatsoever as an 19 agent. Hampton Tedder shall have no authority, expressed or implied, 20 pursuant to this Contract to bind the City to any obligation 21 whatsoever. 22 C. Indemnification. Hampton Tedder shall indemnify, 23 defend, protect and hold the City and its officers, agents and 24 employees, free and harmless from and against any and all claims, 25 demands, losses, damages, liabilities, fines, charges, penalties, 26 orders, judgments and all costs and expenses incurred in connection 27 therewith, including reasonable attorney's fees and costs of defense 28 arising out of or attributable to the negligent or wrongful acts of - 9 - I Hampton Tedder or its subcontractors, employees or agents in the 2 performance of services under this Contract, except to the extent 3 arising from or caused by the sole negligence or willful misconduct of 4 the City, its officers, agents or employees. 5 D. Insurance. Hampton Tedder agrees to provide 6 insurance in the amounts and forms specified in Exhibit "B," which is 7 attached hereto and made a part hereof by reference. Comparable 8 coverage shall be provided for each subcontractor used in the 9 performance of this Contract. Hampton Tedder shall submit to the City 10 documentation indicating compliance with these minimum requirements no 11 less than one (1) day prior to the beginning of performance under this 12 Contract. Hampton Tedder shall not commence performance of its 13 services under this Contract until the above insurance has been 14 obtained and proof of insurance has been filed with and approved by 15 the City. 16 E. Assignment and Subcontracting Prohibited. No 17 party to this Contract may assign or subcontract any right or 18 obligation pursuant to this Contract except as especially and 19 specifically provided for in the Proposal or with the express written 20 consent of the other party. Any other attempted or purported 21 assignment of any right or obligation pursuant to this Contract shall 22 be void and of no effect. 23 F. Entire Agreement. This Contract constitutes the 24 complete and final expression of the agreement of the parties and is 25 intended as a complete and exclusive statement of the -terms of their 26 agreement and supersedes all prior and contemporaneous offers, 27 promises, representations, negotiations, discussions, communications 28 and agreements which may have been made in connection with the subject - 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 matter hereof. All exhibits are incorporated by reference. Hampton Tedder represents that in entering into this Contract it has not relied on any previous representations or understandings of any kind or nature. G. Partial Invalidity. Wherever possible, each provision hereof will be interpreted in such manner as to be effective and valid under applicable law, but in case any one or more of the provisions contained herein will, for any reason, be held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective to the extent, but only to the extent of such invalidity, illegality or unenforceability without invalidating the remainder of such provision or provisions or any other provision hereof, unless such a construction would be unreasonable or contrary to the parties' intent as expressed in this Contract. H. Time of the Essence. Time is of the essence in the performance of this Contract and of each and every provision hereof. I. Risk of Loss. Risk of loss or damage shall pass to the City upon installation and acceptance by the City. J. Attorneys' Fees. In the event that it becomes necessary for either party to this Contract to enforce any of the provisions of this Contract, the parties agree that a court of competent jurisdiction may determine and fix reasonable attorney's fees to be paid to the successful litigant. K. Benefit of Agreement. This Contract shall bind and benefit the parties hereto and their heirs, successors, and permitted assigns. L. Waiver. The waiver by the City of any breach or I breaches hereof shall not be deemed, nor shall the same constitute, a 2 waiver of any subsequent breach or breaches. Any waiver at any time 3 by either party of its rights with respect to a default under this 4 Contract, or with respect to any other matters arising in connection 5 with this Contract, shall not be deemed a waiver with respect to 6 subsequent default or other matter. 7 M. Amendment. All changes or modifications to this 8 Contract shall be in writing stating that it is an amendment to this 9 Contract and shall be signed by both parties or their duly authorized 10 agents. This Contract shall not be modified through course of 11 dealing, usage or trade. 12 N. Force Majeure. Neither Party shall be considered 13 to be in default in any of its obligations under this Contract when a 14 failure of performance shall be due to an uncontrollable force. The 15 term "uncontrollable force" shall mean any cause beyond the control of 16 the party affected, including, but not restricted to, flood, 17 earthquake, storm, fire, lightening, epidemic, war, riot, civil 18 disturbance or disobedience, labor dispute, labor material shortage, 19 sabotage, federal, state, or municipal action, statute, ordinance, or 20 regulation, embargoes of the United States Government or any other 21 government, which by exercise of due diligence such party could not 22 reasonably have been expected to avoid and by exercise of due 23 diligence has been unable to overcome. Either party rendered unable 24 to fulfill any of its obligations under this Agreement by reason of an 25 uncontrollable force, shall give written notice within five (5) 26 business days of such fact to the other party and shall exercise due 27 diligence to remove such inability with all reasonable dispatch. 28 - 12 - I IN WITNESS WHEREOF, the parties have caused this Contract to 2 be executed by and through their authorized officers on the date, 3 month and year first written above. 4 CITY OF VERNON 5 By: LEONIS C. MALBURG, Mayor 6 ATTEST: 7 8 BRUCE V. MALKENHORST, City Clerk 9 APPROVED AS TO FORM: 10 Eric T. Fresch, City Attorney 11 HAMPTON TEDDER ELECTRIC 12 COMPANY ' R By. 13 Jim Brenton Ti (e) Vice P esiden 14 15 By: Matthew Tedder 16 Title: Chief Financial Officer 17 18 19 20 21 22 23 24 25 26 27 28 - 13 - EXHIBIT 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 B INSURANCE SCHEDULE Hampton Tedder 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 Hazards Automobile Liability Bodily Injury PropgM Damage Each Person Each Accident Each Accident 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. Liabilitv General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contractual Liabilitv $1,000,000 $2,000,000 $1,000,000 Umbrella Liability $5 000 000 $5 000 000 $5 000 000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1. An endorsement naming the City of Vernon, its officers, and employees as 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 liability coverage shall be furnished in the form checked below. 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. OR A copy of each policy certified by an officer of the underwriter or carrier and notarized. City will not accept the above proofs of insurance when certified by an insurance agent or broker. EXHIBIT "B" EXHIBIT December 17, 2003 City of Vernon 4305 Santa Fe Ave Vernon, California 90058 Phone # (323) 583-8811 Fax # (323) 826-1425 Reference: PILC Cable Replacement Program / Phases # 4 & 5 / City Of Vernon Estimated Material / Labor Pricing Attention: Carlos Fandino As per your request, Hampton Tedder Electric would like to provide the following Material and Labor pricing for Phase #4 & 5 on this PILC Cable Replacement Program. This will complete this project, the program was planned for 5-years, work began in October, 2002. I can escalate this 5-year plan with the ordering of this Cable package. Cable Phase # 4 & 5 / Cable: 3/C Triplexed 750mcm 15kv, 175mil EPR Insulation, Copper, Flat Strap Concentric Neutral, Jacketed Phase # 4: S 590,568.28 Phase # 5: 700,875.18 Total Cable Package / Phase 4 & 5: S 1,291,443.46 Estimated Labor Circuits 1 thru 20 (Phase 5): $ 1,045,000.00 Circuits 21 thru 29 (Phase 4): 880,000.00 Total Labor Package / Phase 4 & 5: S 1,925,000.00 Total Package Price Circuits 1 thru 29 /Material & Labor S 3.216,443 46 Please keep in mind that copper prices are changing daily, so cable price is subject to change. I am in contact with Okonite Cable several times a week and will notify you of copper increases or decreases. I also will arrange with Okonite to store this cable at their Santa Maria plant with releases at my request. Hampton Tedder Electric will manage all ordering, shipping, receiving and cable cut lengths. Best Regards, Jim Brenton Vernon 11 / cc: SAL PETRELLI CITY OF VERNON SPECIFICATION NO. 12-03 750 COPPER, 15,000 VOLTS, TRIPLEXED, EPR INSULATED, FLAT STRAPS REOUIREMENTS There shall be warehoused and delivered as requested for City of Vernon, Triplexed 750 Copper 15kV cable in accordance with this specification. STANDARDS The cable to be warehoused and delivered as requested under these specifications shall meet all applicable requirements of the following standards publications, unless otherwise stated herein. AEIC CS-8 ICEA S-94-649 ASTM B-496 OPERATING CONDITIONS AND SERVICE Cables shall be suitable for use in wet and dry locations in conduit, underground duct systems, direct buried and aerial installation. The cables shall operate satisfactorily, both electrically and mechanically, at temperatures not exceeding the following at the hottest portion of the circuit at any time. OPERATION MAX. TEMPERATURE Normal 105 degrees C Emergency (1) 140 degrees C Short Circuit 250 degrees C (1) Emergency overload operation may occur for periods up to 1500 hours cumulative during the life of the cable. CONDUCTOR The size of the conductor shall be 750 MCM Class B stranded, compact round per ASTM 13- 496. CONDUCTOR SHIELD The conductor shield shall be a layer of black, semiconducting EPR thermosetting compound extruded directly over the conductor. The shield shall be clean stripping from the conductor and inseparably bonded to the overlying insulation. The conductor shield shall have thermal characteristics consistent with the insulation and shall be compatible with the conductor and the cable insulation. Shield average thickness and minimum thickness at any one point shall conform to AEIC CS8-00 and ICEA S-94-649. INSULATION The cable insulation, which shall be extruded over the conductor shield, shall be made of high quality, ozone resistant, ethylene propylene rubber compound. The ethylene content of the elastomer used in the insulation compound shall not exceed 72% by weight of polyethylene. The cable insulation shall have an average thickness of 175 mils and a minimum thickness of not less than 90% of the average thickness. The cable insulation shall be colored to contrast with the semiconducting shield layers. The insulation shall be triple tandem extruded with the conductor and insulation shield to prevent interfacial contamination. Cable manufacturer shall compound the insulation in its own facility to insure quality and maximum cleanliness. INSULATION SHIELDING An extruded thermosetting semiconducting EPR insulation shield shall be applied directly over the insulation. The shielding material shall have the same coefficient of thermal expansion as the insulation. The insulation shield must strip clean and easy from the insulation with a peel strength between 4 and 241bs. for'h" strip when tested in accordance with AEIC CS8-00. The volume resistivity of the extruded insulation shield shall meet the requirements of AEIC CS8-00. CONCENTRIC NEUTRAL CONDUCTORS Cables shall have flat strap neutral conductors. The neutral conductors shall consist of 16 - .025"x.215" bare, flat copper straps. They shall be placed around the cable core with a reasonable percent coverage and shall be of a thickness to minimize the overall diameter of the finished cable. JACKET An encapsulating jacket of moisture -resistant, black, linear low density polyethylene shall be extruded over the flat strap neutral conductors and fill the spaces between the gaps. The jacket shall be in contact with the insulation shield but shall strip freely. The minimum average thickness of the jacket shall be 30 mils. MARKINGS The outer surface of the cable jacket of each cable in the triplexed assembly shall be durably marked throughout its length with manufacturer's name, type of insulation, conductor size, rated voltage, insulation thickness in mils, year of manufacture and sequential footage number. Marking shall be repeated along the cable at regular intervals not to exceed 3 feet. REELS AND PACKAGING Unless otherwise specified cable shall be shipped on non -returnable reels. Cable reel dimensions shall not exceed 84" in flange diameter and 62" in overall outside width. Arbor hole dimensions must range between a minimum of 2'h" and a maximum of 5 ''/,". All cable ends shall be sealed to prevent the entrance of moisture. All reels to be lagged or covered with approved material to protect the cable from damage during transit and during normal storage and handling operations. TEST REPORTS The manufacturer shall provide Certified Test Reports of actual production test values required by AEIC CS8-00 and ICEA 5-94-649 immediately after the tests are conducted. Test data will be mailed to City of Vernon Engineering Department. Conductors shall meet the electrical resistance requirements of ICEA S-94-649 Section 2.4. Each insulated conductor shall have an insulation resistance not less than corresponding to a constant of 50,000 megohms — 1000 ft. at 15.6 degrees C, when tested in accordance with ICEA S-94-649 paragraph 10.5.1. A high voltage ac test is performed in accordance with Part 9.12 of ICEA S-94-649 at the ac test voltage given in Table H. -49 Shield resistance measured and recorded from end to end on the completed cable. Corona Test: Each reel of completed shielded cable shall be subject to a partial discharge test. The partial discharge shall not exceed 5 picocoulombs at the ac test voltage given in Table EL The partial discharge test shall be performed in accordance with the procedures of Section 9.13 of ICEA S094-649 and an X-Y recording graph will be recorded showing the corona — test results. GU�E The manufacturer shall guarantee all cable furnished to be free from defects of material and workmanship fora period of forty (40) years after the completion of manufacturing. During the guarantee Period, the manufacturer shall furnish a length of new cable equal to the length of defective cable at no charge and extend the same guarantee on the replacement cable. EXHIBIT - 1 EXHIBIT B 2 INSURANCE SCHEDULE 3 Hampton Tedder shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): 4 I. Coverage and Limits 5 Bodily InjurX Prope Damage 6 Hazards Each Person Each Accident Each Accident 7 Automobile Liability Owned Automobiles $ 500,000 $1,000,000 $ 500,000 8 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500.000 $1,000,000 $ 500,000 9 Workers' Compensation $ Statutory 10 Employers' Liability $1 000 000 per employer 11 H. Liabili 12 General Liability $1,000,000 $2,000,000 $1,000,000 13 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 14 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 15 Contractual Liabilitv $1,000,000 $2,000,000 $1,000,000 16 Umbrella Liability $5 000 000 $5 000 000 $5 000 000 17 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 18 19 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 20 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 21 3. An endorsement providing coverage for all operations under this Agreement. 22 4. Such other endorsement as may be required by addendum hereto. 23 b. In addition to the standard certificate of insurance, proof of liability coverage shall be furnished in the form checked below. 24 X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and 25 statements in the standard certificate of insurance (attached thereto) are true and correct and that 26 the signator is an officer authorized to so certify. OR 27 _ A copy of each policy certified by an officer of the underwriter or carrier and notarized. 28 City will not accept the above proofs of insurance when certified by an insurance agent or broker. EXHIBIT "B" SUPPORTING DOCUMENTS a 2 3 4 5 6 7 8 9 10 11 12 [a] 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EQUIPMENT PURCHASE AND PROFESSIONAL SERVICES CONTRACT THIS CONTRACT 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 Ce day of 2004, in the City of Vernon, County of Los Angeles, 11 California BY AND BETWEEN 11 AND T Tl1TTTT P'1 THE CITY OF VERNON (hereinafter referred to as "City") 4305 Santa Fe Avenue Vernon, CA 90058 HAMPTON TEDDER ELECTRIC COMPANY (hereinafter referred to as "Hampton Tedder") 4571 State Street Montclair, CA 91763-6129 WHEREAS, City is constructing the Malburg Generating Station Combined Cycle Power Plant at 2715 E. 50th Street in the City of Vernon (the "Malburg Project") for purposes of installing additional generating capacity that is capable of yielding.cost effective, efficient and reliable electricity to meet its goals, while meeting Federal, State and local environmental and siting requirements; and WHEREAS, the Light and Power Department and the Malburg Project team has determined that to facilitate the Malburg Project that the Malburg Project team manage and coordinate Phases 4 and 5 of the Paper Insulated Lead Cable Replacement (hereinafter referred to as the "PILC Replacement Program"); and WHEREAS, Phases 4 and 5 of the PILC Replacement Program consists of replacing underground cable for three sections at Vernon I Substation, 7 kV circuits as follows: 2 Section 1: (West 7 kV Room): Circuits 1, 2, 4-16 (15 3 circuits total) (hereinafter referred to as "Section 1"); 4 Section 2: (East 7 kV Room): Circuits 17, 19 and 20 (3 5 circuits total) (hereinafter referred to as "Section 2"); 6 Section 3: (Vernon Substation Outdoor Rack): Circuits 21-29 7 (8 circuits total) (hereinafter referred to as "Section 3"); and 8 WHEREAS, the Malburg Project team has determined that it 9 needs the services of an electrical construction company to provide a 10 turnkey package of material and services necessary to complete Phases 11 4 and 5 of the Paper Insulated Lead Cable Replacement Program; and 12 WHEREAS, Hampton Tedder prepared a proposal dated 13 December 17, 2003 (hereinafter referred to as the "Proposal") for the 14 3/C Triplexed 750mem 15 kv, 175mil EPR Insulation, Copper, Flat Strap 15 Concentric Neutral, Jacketed cabling for circuits 1 through 29, 16 including inspection and testing necessary for the PILC Replacement 17 Program, a copy of which is attached hereto as Exhibit "A" and made a 18 part hereof; and 19 WHEREAS, Hampton Tedder has successfully completed Phases 1 20 and 2 of the Paper Insulated Lead Cable replacement and is nearing 21 completion of Phase 3 of said Program; and 22 WHEREAS, Hampton Tedder represents that it is qualified and 23 capable of furnishing the labor, materials and expertise necessary to 24 furnish cable, equipment and perform the services that the City 25 requires as set forth in the Proposal and is willing to do so on the 26 terms and conditions set forth below; and 27 WHEREAS, the City desires to enter into an agreement with 28 Hampton Tedder to provide for the labor and materials necessary for - 2 - a the PILC Replacement Program. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: 1. Scope of Services. Hampton Tedder agrees to provide the City with a complete turnkey package of material and labor for Phases 4 and 5 of the PILC Replacement Program, which includes, but is not limited to, the following services: manage all ordering; warehousing; shipping; receiving; cutting and installation; testing of the necessary material and cable; removal and 'disposal of existing Paper Insulated Lead Cable; and services for the PILC Replacement Program as set forth and described in detail in the Proposal attached hereto.as Exhibit "A." In the event of a conflict between the Proposal and this Contract, the terms of this Contract shall prevail. 2. Time of Performance. The performance of services by Hampton Tedder, as identified herein, shall commence upon the full execution of this Contract and is expected to be completed as follows: (a) The work on Sections 2 and 3 is to be completed no later than nine (9) months from the issuance of the City's Purchase Order for Sections 2 and 3; and (b) The work on Section 1 is to be completed no later than sixteen (16) months from the issuance of the City's Purchase Order for Section 1. If the PILC Replacement Program is not completed within either of these time periods, the City shall have the option of canceling this Contract in order to proceed with the purchase of material and equipment, the installation of the cable and provision of - 3 - I services from another vendor. The anticipated completion date of 2 Hampton Tedder's services may also be extended, at the City's sole 3 discretion, for an additional thirty (30) days, or such other time as 4 the parties may agree in order to complete the services specified in 5 the Proposal. 6 3. Testing. 7 Hampton Tedder shall begin testing the newly installed cable 8 promptly after the cable has been installed. City's acceptance of the 9 newly installed cable and equipment shall be contingent upon the 10 City's verification of the test results. In the event that the test 11 results reveal that the newly installed cable and equipment does not 12 meet the City's preliminary specifications or the City identifies any 13 damage to the cable and equipment, the City shall have the option of 14 rejecting the entire project, rejecting only the damaged cable and 15 equipment or accepting the entire project. Hampton Tedder shall be 16 responsible for all costs that may be incurred in connection with the 17 rejection and/or replacement of damaged cable and equipment. 18 4. Price. 19 The total amount to be paid to Hampton Tedder for the cable, 20 equipment and services performed under the Proposal shall not exceed 21 the sum of Three Million Two Hundred Sixteen Thousand Four Hundred 22 Forty -Three Dollars and Forty -Six Cents ($3,216,443.46), as described 23 in more detail in the attached Proposal. 24 5. Payment Terms. 25 Hampton Tedder shall submit within thirty (30) days after 26 the last day of any month in which services have been performed or 27 costs incurred hereunder an invoice to the City. Invoices shall 28 contain an itemization of services rendered and the cable and - 4 - I equipment purchased by Hampton Tedder for which compensation is due. 2 The City agrees to pay Hampton Tedder within thirty (30) days after 3 City's receipt, testing and acceptance of the work and the City's 4 receipt of an invoice from Hampton Tedder. Hampton Tedder shall be 5 responsible for paying any subcontractors used in the performance of 6 this Contract. Subcontractors shall not bill the City directly. 7 6. Change and Extra Services. 8 City reserves the right to request changes in the cable 9 design, delivery dates, or additions to or deletions from the cable 10 purchased from Hampton Tedder. All such changes shall be incorporated 11 in written change orders executed by City and Hampton Tedder and shall 12 specify the changes ordered and the adjustment of prices, delivery 13 schedules and warranties. Any cable, equipment or services added 14 under this section shall be executed under all applicable conditions 15 of this Contract. No claim for additional compensation or extension 16 of time shall be recognized unless contained in a duly executed change 17 order. 18 Notwithstanding the above, City recognizes and accepts that 19 the price of the cable, which Hampton Tedder is purchasing on behalf 20 of the City under this contract, changes daily due to the fluctuation 21 in copper prices. The City shall accept the final, settled price of 22 the cable so purchased by Hampton Tedder on the day the City issues 23 its Purchase Order under this Contract to Hampton Tedder. The related 24 change in that final cable price shall either be added or subtracted 25 from the final price due to Hampton Tedder under this Contract. 26 7. Cancellation/Default. 27 In the event that Hampton Tedder commits a breach of a 28 material condition of this Contract, City shall notify Hampton Tedder - 5 - I in writing of said breach and if Hampton Tedder has not cured or begun 2 reasonable efforts to cure after fifteen (15) days of receipt of said 3 notice, and fails to diligently pursue corrective action, City shall 4 have the right to cancel this Contract for cause based on Hampton 5 Tedder's default. Hampton Tedder shall be responsible for any direct 6 costs due to City's re -procurement of the equivalent of the cable, 7 equipment or services cancelled from Hampton Tedder. 8 8. Products of Professional Services. 9 All documents, plans, designs, drawings, data, databases, 10 studies, surveys, maps, models, photographs and reports prepared by 11 Hampton Tedder, its officers, employees, agents and subcontractors in 12 the course of performing the services under this Contract shall be 13 considered the property of City. Such documents and materials shall 14 be delivered to City by Hampton Tedder as they are generated; however, 15 Hampton Tedder may take and retain.copies of such documents and 16 materials as desired. 17 9. Confidential Information. 18 A. Access to Confidential Information. City may 19 provide Hampton Tedder and/or its subcontractor with, or allow Hampton 20 Tedder access to, certain information not available to the public 21 concerning City, or businesses located in City. The information may 22 include company information, taxes, sales, value of assets, or other 23 such information. All such information shall be known as "Confidential 24 Information" and may not be used to circumvent the responsibility of 25 either party to this Contract. 26 B. No Disclosure. Except as expressly permitted, 27 Hampton Tedder and/or its subcontractor shall not disclose, permit the 28 disclosure of, release, disseminate, or transfer, whether orally or by - 6 - I any other means, any part of such Confidential Information to any 2 other person or entity, whether corporate, governmental, or 3 individual, without the express prior written consent of an authorized 4 representative of City. Hampton Tedder and/or its subcontractor shall 5 return any written Confidential Information and all copies made of 6 such items to City upon City's written request, but in any event not 7 later than the date that Hampton Tedder has performed all services to 8 be performed pursuant to this Contract. Hampton Tedder hereby agrees 9 that such Confidential Information and any documents provided may be 10 used by Hampton Tedder and/or its subcontractor only as authorized by 11 the City. Hampton Tedder shall include a contract provision in its 12 contract with subcontractors that binds the subcontractors to this 13 non -disclosure requirement. Hampton Tedder shall take reasonable 14 measures to avoid any disclosure of any such Confidential Information 15 to any unauthorized person. 16 C. Court Ordered Disclosure. Hampton Tedder shall 17 immediately notify City of any court order or subpoena requiring 18 disclosure of Confidential Information, and shall cooperate with 19 City's legal counsel in responding to any such order or subpoena. 20 Hampton Tedder may only disclose Confidential Information required to 21 be disclosed pursuant to court order or subpoena after legal counsel 22 has exhausted any lawful and timely appeal or challenge. 23 D. Remedies. In addition to any other remedies that 24 it may have at law or in equity, City shall be entitled to a temporary 25 and permanent injunction by a court of competent jurisdiction against 26 any breach or threatened breach of the Confidential Information 27 provisions of this Agreement. Hampton Tedder acknowledges that in 28 case of such breach or threatened breach of said provisions, City - 7 - I would have no adequate remedy at law. 2 10. Warranties. Hampton Tedder warrants title to the cable 3 purchased hereunder and any part thereof to be free of any claim of 4 any security interest, lien or any encumbrance. Hampton Tedder also 5 warrants that the cable will be delivered new and shall be free from 6 defects in material and workmanship. The City will receive a forty 7 (40) year manufacturer's warranty, a one (1) year incidental material 8 warranty and a one (1) year labor warranty from Hampton Tedder. 9 Hampton Tedder's warranties on material and labor will begin upon 10 City's acceptance of the PILC Replacement Program. In addition, all 11 manufacturers' warranties, and any other warranties made applicable by 12 law, shall apply to City's purchase of the materials and labor 13 provided by Hampton Tedder. 14 11. Compliance with Laws. Hampton Tedder shall strictly 15 observe and comply with all applicable federal, state, and local laws, 16 ordinances and regulations governing the services provided under this 17 Contract, including but not limited to any permit or license 18 requirements of the United States Department of Commerce, as well as 19 any laws of the United States of America. 20 12. Governing Law. The validity, interpretation and 21 performance of this Contract shall be controlled and construed under 22 the laws of the State of California. 23 13. Forum Selection. Any action brought relating to this 24 Contract shall be brought and held exclusively in a State Court in the 25 County of Los Angeles, California. 26 14. Notices. Notices to the parties, unless otherwise 27 requested in writing, shall be sent to: 28 City: THE CITY OF VERNON - 8 - I ATTN: BRUCE V. MALKENHORST CITY ADMINISTRATOR 2 4305 SANTA FE AVENUE VERNON, CA 90058-0805 3 Hampton Tedder: HAMPTON TEDDER ELECTRIC COMPANY 4 ATTN: JIM BRENTON, VICE PRESIDENT P. 0. BOX 2128 5 MONTCLAIR, CA 91763 6 15. General Provisions. 7 A. Independent Contractor. At all times during the 8 term of this Contract, Hampton Tedder shall be an independent 9 contractor and shall not be an employee of the City. The City shall 10 have the right to control Hampton Tedder only insofar as the results 11 of Hampton Tedder's services rendered pursuant to this Contract; 12 however, the City shall not have the right to control the means by 13 which Hampton Tedder accomplishes services rendered pursuant to the 14 Contract except to the extent that such services involve the use of 15 City property or Confidential Information. 16 B. Hampton Tedder Not Agent. Except as the City may 17 specify in writing, Hampton Tedder shall have no authority, express or 18 implied, to act on behalf of the City in any capacity whatsoever as an 19 agent. Hampton Tedder shall have no authority, expressed or implied, 20 pursuant to this Contract to bind the City to any obligation 21 whatsoever. 22 C. Indemnification. Hampton Tedder shall indemnify, 23 defend, protect and hold the City and its officers, agents and 24 employees, free and harmless from and against any and all claims, 25 demands, losses, damages, liabilities, fines, charges, penalties, 26 orders, judgments and all costs and expenses incurred in connection 27 therewith, including reasonable attorney's fees and costs of defense 28 arising out of or attributable to the negligent or wrongful acts of - 9 - I Hampton Tedder or its subcontractors, employees or agents in the 2 performance of services under this Contract, except to the extent 3 arising from or caused by the sole negligence or willful misconduct of 4 the City, its officers, agents or employees. 5 D. Insurance. Hampton Tedder agrees to provide 6 insurance in the amounts and forms specified in Exhibit "B," which is 7 attached hereto and made a part hereof by reference. Comparable 8 coverage shall be provided for each subcontractor used in the 9 performance of this Contract. Hampton Tedder shall submit to the City 10 documentation indicating compliance with these minimum requirements no 11 less than one (1) day prior to the beginning of performance under this 12 Contract. Hampton Tedder shall not commence performance of its 13 services under this Contract until the above insurance has been 14 obtained and proof of insurance has been filed with and approved by 15 the City. 16 E. Assignment and Subcontracting Prohibited. No 17 party to this Contract may assign or subcontract any right or 181 obligation pursuant to this Contract except as especially and 19 specifically provided for in the Proposal or with the express written 20 consent of the other party. Any other attempted or purported 21 assignment of any right or obligation pursuant to this Contract shall 22 be void and of no effect. 23 F. Entire Agreement. This Contract constitutes the 24 complete and final expression of the agreement of the parties and is 25 intended as a complete and exclusive statement of the terms of their 26 agreement and supersedes all prior and contemporaneous offers, 27 promises, representations, negotiations, discussions, communications 28 and agreements which may have been made in connection with the subject - 10 - I matter hereof. All exhibits are incorporated by reference. Hampton 2 Tedder represents that in entering into this Contract it has not 3 relied on any previous representations or understandings of any kind 4 or nature. 5 G. Partial Invalidity. Wherever possible, each 6 provision hereof will be interpreted in such manner as to be effective 7 and valid under applicable law, but in case any one or more of the 8 provisions contained herein will, for any reason, be held to be 9 invalid, illegal or unenforceable in any respect, such provision will 10 be ineffective to the extent, but only to the extent of such 11 invalidity, illegality or unenforceability without invalidating the 12 remainder of such provision or provisions or any other provision 13 hereof, unless such a construction would be unreasonable or contrary 14 to the parties' intent as expressed in this Contract. 15 H. Time of the Essence. Time is of the essence in 16 the performance of this Contract and of each and every provision 17 hereof. 18 I. Risk of Loss. Risk of loss or damage shall pass 19 to the City upon installation and acceptance by the City. 20 J. Attorneys' Fees. In the event that it becomes 21 necessary for either party to this Contract to enforce any of the 22 provisions of this Contract, the parties agree that a court of 23 competent jurisdiction may determine and fix reasonable attorney's 24 fees to be paid to the successful litigant. 25 K. Benefit of Agreement. This Contract shall bind 26 and benefit the parties hereto and their heirs, successors, and 27 permitted assigns. 28 L. Waiver. The waiver by the City of any breach or I breaches hereof shall not be deemed, nor shall the same constitute, a 2 waiver of any subsequent breach or breaches. Any waiver at any time 3 by either party of its rights with respect to a default under this 4 Contract, or with respect to any other matters arising in connection 5 with this Contract, shall not be. deemed a waiver with respect to 6 subsequent default or other matter. 7 M. Amendment. All changes or modifications to this 8 Contract shall be in writing stating that it is an amendment to this 9 Contract and shall be signed by both parties or their duly authorized 10 agents. This Contract shall not be modified through course of 11 dealing, usage or trade. 12 N. Force Majeure. Neither Party shall be considered 13 to be in default in any of its obligations under this Contract when a 14 failure of performance shall be due to an uncontrollable force. The 15 term "uncontrollable force" shall mean any cause beyond the control of 16 the party affected, including, but not restricted to, flood, 17 earthquake, storm, fire, lightening, epidemic, war, riot, civil 18 disturbance or disobedience, labor dispute, labor material shortage, 19 sabotage, federal, state, or municipal action, statute, ordinance, or 201 regulation, embargoes of the United States Government or any other 21 government, which by exercise of due diligence such party could not 22 reasonably have been expected to avoid and by exercise of due 23 diligence has been unable to overcome. Either party rendered unable 24 to fulfill any of its obligations under this Agreement by reason of an 25 uncontrollable force, shall give written notice within five (5) 26 business days of such fact to the other party and shall exercise due 27 diligence to remove such inability with all reasonable dispatch. 28 - 12 - IN WITNESS WHEREOF, the parties have caused this Contract to be executed by and through their authorized officers on the date, month and year first written above. CITY OF VERNON By: EONIS C. MALBUR , Mayor. ATTESR? BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: Eri F esch, City Attorney HAMPTON TEDDER ELECTRIC COMPANY By: Jim Brenton Tit(e) Vice P esiden By: Matthew Tedder Title: Chief Financial Officer - 13 - December 17, 2003 City of Vernon 4305 Santa Fe Ave Vernon, California 90058 Phone # (323) 583-8811 Fax # (323) 826-1425 Reference: PILC Cable Replacement Program / Phases # 4 & 5 / City Of Vernon Estimated Material / Labor Pricing Attention: Carlos Fandino As per your request, Hampton Tedder Electric would like to provide the following Material and Labor pricing for Phase #4 & 5 on this PILC Cable Replacement Program. This will complete this project, the program was planned for 5-years, work began in October, 2002. I can escalate this 5-year plan with the ordering of this Cable package. Cable Phase # 4 & 5 / Cable: 3/C Triplexed 750mcm 15kv,175mil EPR Insulation, Copper, Flat Strap Concentric Neutral, Jacketed Phase # 4: $ 590,568.28 Phase # 5: 700,875.18 Total Cable Package / Phase 4 & 5: $ 1,291,443.46 Estimated Labor Circuits 1 thru 20 (Phase 5): $ 1,045,000.00 Circuits 21 thru 29 (Phase 4): 880,000.00 Total Labor Package / Phase 4 & 5: $1,925,000.00 Total Package Price Circuits I thru 29 /Material & Labor: $ 3,216,443 46 Please keep in mind that copper prices are changing daily, so cable price is subject to change. I am in contact with Okonite Cable several times a week and will notify you of copper increases or decreases. I also will arrange with Okonite to store this cable at their Santa Maria plant with releases at my request. Hampton Tedder Electric will manage all ordering, shipping, receiving and cable cut lengths. Best Regards, Jim Brenton Vernon 11 / cc: SAL PETRELLI CITY OF VERNON SPECIFICATION NO. 12-03 750 COPPER, 15,000 VOLTS, TRIPLEXED, EPR INSULATED, FLAT STRAPS REQUIREMENTS There shall be warehoused and delivered as requested for City of Vernon, Triplexed 750 Copper 15kV cable in accordance with this specification. STANDARDS The cable to be warehoused and delivered as requested under these specifications shall meet all applicable requirements of the following standards publications, unless otherwise stated herein. AEIC CS-8 ICEA S-94-649 ASTM B-496 OPERATING CONDITIONS AND SERVICE Cables shall be suitable for use in wet and dry locations in conduit, underground duct systems, direct buried and aerial installation. The cables shall operate satisfactorily, both electrically and mechanically, at temperatures not exceeding the following at the hottest portion of the circuit at any time. OPERATION MAX, TEMPERATURE Normal 105 degrees C Emergency (1) 140 degrees C Short Circuit 250 degrees C (1) Emergency overload operation may occur for periods up to 1500 hours cumulative during the life of the cable. CONDUCTOR The size of the conductor shall be 750 MCM Class B stranded, compact round per ASTM 13- 496. CONDUCTORS The conductor shield shall be a layer of black, semiconducting EPR thermosetting compound extruded directly over the conductor. The shield shall be clean stripping from the conductor and inseparably bonded to the overlying insulation. The conductor shield shall have thermal characteristics consistent with the insulation and shall be compatible with the conductor and the cable insulation. Shield average thickness and minimum thickness at any one point shall conform to AEIC CS8-00 and ICEA 5-94-649. INSULATION The cable insulation, which shall be extruded over the conductor shield, shall be made of high quality, ozone resistant, ethylene propylene rubber compound. The ethylene content of the elastomer used in the insulation compound shall not exceed 72% by weight of polyethylene. The cable insulation shall have an average thickness of 175 mils and a minimum thickness of not less than 90% of the average thickness. The cable insulation shall be colored to contrast with the semiconducting shield layers. The insulation shall be triple tandem extruded with the conductor and insulation shield to prevent interfacial contamination. Cable manufacturer shall compound the insulation in its own facility to insure quality and maximum cleanliness. INSULATION SHIELDING An extruded thermosetting semiconducting EPR insulation shield shall be applied directly over the insulation. The shielding material shall have the same coefficient of thermal expansion. as the insulation. The insulation shield must strip clean and easy from the insulation with a peel strength between 4 and 24 lbs. for %z" strip when tested in accordance with AEIC CS8-00. The volume resistivity of the extruded insulation shield shall meet the requirements of AEIC CS8-00. CONCENTRIC NEUTRAL CONDUCTORS Cables shall have flat strap neutral conductors. The neutral conductors shall consist of 16 - .025"x.215" bare, flat copper straps. They shall be placed around the cable core with a reasonable percent coverage and shall be of a thickness to minimize the overall diameter of the finished cable. JACKET An encapsulating jacket of moisture -resistant, black, linear low density polyethylene shall be extruded over the flat strap neutral conductors and fill the spaces between the gaps. The jacket shall be in contact with the insulation shield but shall strip freely. The minimum average thickness of the jacket shall be 30 mils. MARKINGS The outer surface of the cable jacket of each cable in the triplexed assembly shall be durably marked throughout its length with manufacturer's name, type of insulation, conductor size, rated voltage, insulation thickness in mils, year of manufacture and sequential footage number. Marking shall be repeated along the cable at regular intervals not to exceed 3 feet. REELS AND PACKAGING Unless otherwise specified cable shall be shipped on non -returnable reels. Cable reel dimensions shall not exceed 84" in flange diameter and 62" in overall outside width. Arbor hole dimensions must range between a minimum of 2 %" and a maximum of 5 %a". All cable ends shall be sealed to prevent the entrance of moisture. All reels to be lagged or covered with approved material to protect the cable from damage during transit and during normal storage and handling operations. TEST REPORTS The manufacturer shall provide Certified Test Reports of actual production test values required by AEIC CS8-00 and ICEA 5-94-649 immediately after the tests are conducted. Test data will be mailed to City of Vernon Engineering Department. Conductors shall meet the electrical resistance requirements of ICEA 5-94-649 Section 2.4. Each insulated conductor shall have an insulation resistance not less than corresponding to a constant of 50,000 megohms —1000 ft. at 15.6 degrees C, when tested in accordance with ICEA 5-94-649 paragraph 10.5.1. A high voltage ac test is performed in accordance with Part 9.12 of ICEA 5-94-649 at the ac test voltage given in Table H. Shield resistance measured and recorded from end to end on the completed cable. Corona Test: Each reel of completed shielded cable shall be subject to a partial discharge test. The partial discharge shall not exceed 5 picocoulombs at the ac test voltage given in Table IL The partial discharge test shall be performed in accordance with the procedures of Section 9.13 of ICEA S094-649 and an X-Y recording graph will be recorded showing the corona — hest results. GUARANTEE The manufacturer shall guarantee all cable furnished to be free from defects of material and workmanship for a period of forty (40) years after the completion of manufacturing. During the guarantee Period, the manufacturer shall fiunish a length of new cable equal to the length of defective cable at no charge and extend the same guarantee on the replacement cable. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 M 28 EXHIBIT B INSURANCE SCHEDULE Hampton Tedder 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 Hazards Automobile Liability Bodily Injury Property Damage Each Person Each Accident Each Accident 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 $1.000.006 per employer 1 II. Liabili General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contractual Liability $1,000,000 $2,000,000 $1,000,000 Umbrella Liability $5 000 000 $5 000 000 $5 000 000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1. An endorsement naming the City of Vernon, its officers, and employees as 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 liability coverage shall be furnished in the form checked below. 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. OR A copy of each policy certified by an officer of the underwriter or carrier and notarized. City will not accept the above proofs of insurance when certified by an insurance agent or broker. EXHIBIT "B" SUPPORTING DOCUMENTS To: Manuel Garcia, Project Manager From: Carlos Fandino, Systems Manager 01(- Date: 12/31 /2003 Re: PILC Cable replacement The City of Vernon developed a five-year plan to replace the Paper Insulated Lead Cable (PILC) at Vernon and Leonis Substations. The PILC cable project was originally scheduled for Vernon Substation implementation, and subsequently cable was ordered in February of 2002. The project was delayed until July 2003, when the Light & Power Department made the decision to use the existing cable order for Vernon Substation at Leonis Substation. Feeders 47 thru 55 7KV PILC was removed, and replaced with new cable at Leonis Substation. However, no replacement cable was ordered for the required upgrade to Vernon Substation. Due to the construction of the Malburg Generating Station (MGS), The PILC cable, in Vernon Substation, must be replaced in conjunction with the new switchgear installation. Therefore, the City of Vernon must proceed into the phase 4 & 5 on this PILC cable replacement program. This will complete this program planned for 5- years work. The City of Vernon has been considering developing specifications for the PILC cable and, ordering the cable independently from Hampton Tedder. There are Pros and Cons to this approach that will be briefly explored. Option 1: Hampton Tedder Turnkey Package. ➢ Hampton Tedder calculates the order quantity per circuit, manhole to manhole, switchgear to manhole and with adequate make-up for racking and splicing. ➢ Hampton Tedder Guarantees all cable for furnished to be free from defects of material and workmanship for a period of forty years. Hampton Tedder is responsible to coordinate with Okonite Cable company the following items: o Reel lengths. o Reel circuit tagging. o Circuit to be shipped. o Circuits to be stored at Hampton Tedder Electric, Montclair, Ca. o Circuits to be stored at Okonite Cable, Santa Maria, Ca. o Coordinate with freight company delivery dates and location of deliveries. o Inspect each cable reel upon delivery. o Return damaged reels to Okonite (if needed). o Unload and secure all cable reels. o Coordinate priority of circuits to be replaced. o Plan all circuits outages with Control Center. ➢ Cable phase 4 & 5 / Cable: 3/C Triplexed 750mcm 15kv,175mil EPR Insulation, Copper, Flat Strap Concentric Neutral, Jacketed ➢ Phase # 4: $ 590,569.28 ➢ Phase # 5: $700,875.18 ➢ Total Cable Package Phase 4 & 5: $1,291,443.46 ➢ Estimated Labor Circuits 1 duu 20 (Phase 5): $1,045,000.00 ➢ Estimated Labor Circuits 21 thru 29 (Phase 4): $880,000.00 ➢ Total Labor Package / Phase 4 & 5: $1,925,000.00 Total Package Price Circuits 1 thru 29 / Material & Labor: $3,216,443.46 Option 2: City of Vernon purchases PILC cable independently/Hampton Tedder to install. City of Vernon Engineer calculates the order quantity per circuit, manhole to manhole, switchgear to manhole and with adequate make- up for racking and splicing. ➢ Hampton Tedder will not guarantee or assume responsibility for any Cable ordered by the city of Vernon. ➢ City of Vernon is responsible to coordinate with Cable manufacture the following items: o Reel lengths. o Reel circuit tagging. o Circuit to be shipped. o Circuits to be stored at a disclosed site. There is a tremendous of space required to store these cable reels. o Coordinate with freight company delivery dates and location of deliveries. o Inspect each cable reel upon delivery. o Return damaged reels to Cable manufacture (if needed). o Unload and secure all cable reels. 2 o City of Vernon to absorb the cost to store, transport, load and offload, and handle cable. Unknown cost... ➢ Cable phase 4 & 5 / Cable: 3/C Triplexed 750mcm 15kv,175mi1 EPR Insulation, Copper, Flat Strap Concentric Neutral, Jacketed ➢ Phase # 4: $ 561,039.88 ➢ Phase # 5: $ 665,831.43 ➢ Total Cable Package Phase 4 & 5: $1,226,871.13 ➢ Estimated Labor Circuits 1 thru 20 (Phase 5): $1,045,000.00 ➢ Estimated Labor Circuits 21 thru 29 (Phase 4): $880,000.00 ➢ Total Labor Package / Phase 4 & 5: $1,925,000.00 Total Package Price Circuits 1 thru 29 / Material & Labor: $3,151,871.13 In conclusion, it's my recommendation that the City of Vernon proceed with Option 1, and Hampton Tedder assumes full responsibility to order, install, and guarantee the cable replacement. It's my opinion that the City of Vernon could be assuming a substantial financial liability if the cable was purchased separately due to possible inaccurate cuts, lengths, handling, tagging, and cable integrity guarantees. Please keep in mind that copper prices are changing daily, so cable price is subject to change. Hampton Tedder is in contact with Okonite Cable Company several times a week and will notify City of Vernon of copper increases or decreases. Hampton Tedder will arrange with Okonite to store this cable at their Santa Maria plant with releases from Jim Brenton. Hampton Tedder Electric will manage all ordering, shipping, receiving and cable cut lengths. 3 CITY OF VERNON PG 8.1 8300 CAPITAL IMPROVEMENT PROJECT REQUEST SCHEDULE 29-Dec-2003 2003-2004 DEPT: ELEC TRANS & DISTRIBUTION 1. Title of project: LEAD COVERED CABLE (PILC) REPLACEMENT PROGRAM (5 Years) 2. Description and location: SYSTEM -WIDE 3. Proposed to be accomplished by: CONTRACTOR 4. Status of plans: Preliminary estimate only, no plans required. Detail plans and specifications in progress. Estimated completion date. 5. Estimated costs: Engineering Labor* Equipment* Supplies and Services Contracts Capital outlay, Land Capital outlay, Equipment *Including Force Account 6. Financing Budgeted Not Budgeted Suppl approp required in the amount of 7. Action: Initiated by: Name & Date Title Approved by: Dept Head Approved by: Comm Services Dir 8. Justification: X $1,500,000 (SEE BELOW) Total: $1,500,000 Funds are available charge to account number. Funds not available. Review by: Finance Committee Approved Disapproved City Administrator Approved Disapproved City Council The lead covered cables are old. Some have cracked and have been repaired over the years. Some are showing deterioration of cable insulation due to loss of insulating oil. We have 55 circuits with these PILC. Cables will be replaced over a five-year period. Cost includes labor, materials and equipment. Labor & Materials: 2002-2003 $500,000 Labor & Materials: 2003-2004 $1,500,000 Labor & Materials: 2004-2005 $500,000 2005-2006 $500,000 2006-2007 $500,000 TBD $3,500,000 December 17, 2003 City of Vernon 4305 Santa Fe Ave Vernon, California 90058 Phone # (323) 583-8811 Fax # (323) 826-1425 Reference: PILC Cable Replacement Program / Phases # 4 & 5 / City Of Vernon Estimated Material / Labor Pricing Attention: Carlos Fandino As per your request, Hampton Tedder Electric would like to provide the following Material and Labor pricing for Phase #4 & 5 on this PILC Cable Replacement Program. This will complete this project, the program was planned for 5-years, work began in October, 2002. I can escalate this 5-year plan with the ordering of this Cable package. Cable Phase # 4 & 5 / Cable: 3/C Triplexed 750mcm 15kv,175mil EPR Insulation, Copper, Flat Strap Concentric Neutral, Jacketed Phase # 4: $ 590,568.28 Phase # 5: 700,875.18 Total Cable Package / Phase 4 & 5: $ 1,291,443.46 Estimated Labor Circuits 1 thru 20 (Phase 5): $ 1,045,000.00 Circuits 21 thru 29 (Phase 4): 880,000.00 Total Labor Package / Phase 4 & 5: $ 1,925,000.00 Total Package Price Circuits I thru 29 /Material & Labor: $ 3,216,443.46 Please keep in mind that copper prices are changing daily, so cable price is subject to change. I am in contact with Okonite Cable several times a week and will notify you of copper increases or decreases. I also will arrange with Okonite to store this cable at their Santa Maria plant with releases at my request. Hampton Tedder Electric will manage all ordering, shipping, receiving and cable cut lengths. Best Regards, Jinn Brenton VernonI I / cc: SAL PETRELLI CITY OF VERNON SPECIFICATION NO. 12-03 750 COPPER, 15,000 VOLTS, TRIPLEXED, EPR INSULATED, FLAT STRAPS REQUIREMENTS There shall be warehoused and delivered as requested for City of Vernon, Triplexed 750 Copper 15kV cable in accordance with this specification. STANDARDS The cable to be warehoused and delivered as requested under these specifications shall meet all applicable requirements of the following standards publications, unless otherwise stated herein. AEIC CS-8 ICEA S-94-649 ASTM B-496 OPERATING CONDITIONS AND SERVICE Cables shall be suitable for use in wet and dry locations in conduit, underground duct systems, direct buried and aerial installation. The cables shall operate satisfactorily, both electrically and mechanically, at temperatures not exceeding the following at the hottest portion of the circuit at any time. OPERATION MAX. TEMPERATURE Normal 105 degrees C Emergency (1) 140 degrees C Short Circuit 250 degrees C (1) Emergency overload operation may occur for periods up to 1500 hours cumulative during the life of the cable. CONDUCTOR The size of the conductor shall be 750 MCM Class B stranded, compact round per ASTM B- 496. CONDUCTOR SHIELD The conductor shield shall be a layer of black, semiconducting EPR thermosetting compound extruded directly over the conductor. The shield shall be clean stripping from the conductor and inseparably bonded to the overlying insulation. The conductor shield shall have thermal characteristics consistent with the insulation and shall be compatible with the conductor and the cable insulation. Shield average thickness and minimum thickness at any one point shall conform to AEIC CS8-00 and ICEA S-94-649. INSULATION The cable insulation, which shall be extruded over the conductor shield, shall be made of high quality, ozone resistant, ethylene propylene rubber compound. The ethylene content of the elastomer used in the insulation compound shall not exceed 72% by weight of polyethylene. The cable insulation shall have an average thickness of 175 mils and a minimum thickness of not less than 90% of the average thickness. The cable insulation shall be colored to contrast with the semiconducting shield layers. The insulation shall be triple tandem extruded with the conductor and insulation shield to prevent interfacial contamination. Cable manufacturer shall compound the insulation in its own facility to insure quality and maximum cleanliness. INSULATION SHIELDING An extruded thermosetting semiconducting EPR insulation shield shall be applied directly over the insulation. The shielding material shall have the same coefficient of thermal expansion as the insulation. The insulation shield must strip clean and easy from the insulation with a peel strength between 4 and 24 tbs. for'/2" strip when tested in accordance with AEIC CS8-00. The volume resistivity of the extruded insulation shield shall meet the requirements of AEIC CS8-00. CONCENTRIC NEUTRAL CONDUCTORS Cables shall have flat strap neutral conductors. The neutral conductors shall consist of 16 - .025"x.215" bare, flat copper straps. They shall be placed around the cable core with a reasonable percent coverage and shall be of a thickness to minimize the overall diameter of the finished cable. JACKET An encapsulating jacket of moisture -resistant, black, linear low density polyethylene shall be extruded over the flat strap neutral conductors and fill the spaces between the gaps. The jacket shall be in contact with the insulation shield but shall strip freely. The minimum average thickness of the jacket shall be 30 mils. 1 The outer surface of the cable jacket of each cable in the triplexed assembly shall be durably marked throughout its length with manufacturer's name, type of insulation, conductor size, rated voltage, insulation thickness in mils, year of manufacture and sequential footage number. Marking shall be repeated along the cable at regular intervals not to exceed 3 feet. REELS AND PACKAGING Unless otherwise specified cable shall be shipped on non -returnable reels. Cable reel dimensions shall not exceed 84" in flange diameter and 62" in overall outside width. Arbor hole dimensions must range between a minimum of 2 3/4" and a maximum of 5 1/4". All cable ends shall be sealed to prevent the entrance of moisture. All reels to be lagged or covered with approved material to protect the cable from damage during transit and during normal storage and handling operations. TEST REPORTS The manufacturer shall provide Certified Test Reports of actual production test values required by AEIC CS8-00 and ICEA 5-94-649 immediately after the tests are conducted. Test data will be mailed to City of Vernon Engineering Department. Conductors shall meet the electrical resistance requirements of ICEA 5-94-649 Section 2.4. Each insulated conductor shall have an insulation resistance not less than corresponding to a constant of 50,000 megohms —1000 ft. at 15.6 degrees C, when tested in accordance with ICEA 5-94-649 paragraph 10.5.1. A high voltage ac test is performed in accordance with Part 9.12 of ICEA 5-94-649 at the ac test voltage given in Table H. Shield resistance measured and recorded from end to end on the completed cable. Corona Test: Each reel of completed shielded cable shall be subject to a partial discharge test. The partial discharge shall not exceed 5 picocoulombs at the ac test voltage given in Table II. The partial discharge test shall be performed in accordance with the procedures of Section 9.13 of ICEA S094-649 and an X-Y recording graph will be recorded showing the corona — hest results. GUARANTEE The manufacturer shall guarantee all cable furnished to be free from defects of material and workmanship for a period of forty (40) years after the completion of manufacturing. During the guarantee period, the manufacturer shall furnish a length of new cable equal to the length of defective cable at no charge and extend the same guarantee on the replacement cable. DATE: December 29, 2003 TO: Eric Fresch, City Attorney FROM: Manuel Garcia, MGS Project Manager — Electric al Interconnect --� SUBJECT: Request for Purchase Order Authorization — Critic al Path Item I have attached a memo from Carlos Fandino outlining utlm ing our options for replacing the PILC Cable at Vernon Substations. After examining the n 1, which authorizes Hampton Tedder tooptions, Proceed with Option- Purchase that we cable. p se and install the Hampton Tedder -� �ExT COST PILC Cable Replacement $3,216,443.46* *This price is subject to change, based on the fluctuating cost of copper. Upon receiving a Purchase Order, the cost of the cable will be locked m. MG/jm Date: 1/5/04 To: Bruce V. Malkenhorst / City Administrator From: Manuel G. Garcia / MGS Project Manager -(91' Subject: MGS Electrical Interconnect — Authorization for OT I respectfully request authorization to schedule the following employees to work 50hr weeks until the completion of the MGS project. Otis Smith Matt Daniels Mike Hendrickson Richard Recano We have significant work scheduled with deadlines. Please call me if you have any questions. cc: E.Fresch o n/