Resolution No. 7766}
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RESOLUTION NO. 7766
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
BY AND BETWEEN THE CITY OF VERNON AND ENSR
INTERNATIONAL AND RATIFYING THE EXECUTION OF AN
AUTHORIZATION TO PROCEED REGARDING THE COMBINED
CYCLE POWER PLANT
WHEREAS, the City of Vernon is in the process of developing a.
Combined Cycle Power Plant (the "Project") for the purpose of
installing additional generating capacity that will yield cost
effective, efficient and reliable electricity; and
WHEREAS, Section 25552 of the California Public Resources
Code establishes the procedural requirements for expediting simple
cycle facility permits with the California Energy Commission; and
WHEREAS, the City of Vernon desires the Project to be
considered under the California Energy Commissions "fast -track"
permitting process; and
WHEREAS, the City of Vernon needs the services of a
consultant as soon as possible to provide assistance with
environmental permitting and related California Energy Commission
siting initially for the addition of simple -cycle turbine units and
then later for the addition of a steam turbine in order to expedite
the completion of the Combined Cycle Power Plant; and
WHEREAS, in order to meet the urgent need to start the
permitting process for the Project as soon as possible, on May 14,
2001, the City Administrator executed an Authorization to Proceed with
the Environmental Permitting Assistance for a Power Plant Project in
the City of Vernon subject to ratification by the City Council; and
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WHEREAS, the City Council desires to approve and ratify the
Authorization to Proceed with the Environmental Permitting Assistance
Ifor a Power Plant Project in the City of Vernon as executed by the
JCity Administrator; and
WHEREAS, by letter dated May 16, 2001, Bruce V. Malkenhorst,
the City Administrator/City Clerk, recommended approval of an Agreement
for Professional Consulting Services with ENSR International for
assistance with environmental permitting and related California Energy
Commission siting for the 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 proceed with the permitting process for the Project and
to enter into an agreement with ENSR International.
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 and ratifies the execution of the Authorization to Proceed
with the Environmental Permitting Assistance for a Power Plant Project
in the City of Vernon with ENSR International, 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
approves the Agreement for Professional Consulting Services with ENSR
International, a copy of which is attached hereto as Exhibit "B" and
made a part hereof.
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SECTION 4: The City Council of the City of Vernon hereby
authorizes the.Mayor and the City Clerk to execute said Agreement for,
and on behalf of, the City of Vernon.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Agreement to:
ENSR International
Attn. Richard A. Simon, Vice President
1220 Avenida Acaso
Camarillo, CA 93012-8738
SECTION 6: 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 23rd day of May, 2001.
Arm
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MAL URG, M yor
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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.
7766, was duly adopted by the City Council of the City of Vernon at an
adjourned regular meeting of the City Council duly held on Wednesday,
May 23, 2001, and thereafter was duly signed by the Mayor of the City
of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
VA&
May 9, 2001
Mr. Bruce V. Malkenhorst
City Administrator/City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
ENSR International
1220 Avenida Acaso
Camarillo, CA 93012-8738
(805) 388-3775
FAX (805) 388-3577
www.ensr.com
Re: Authorization to Proceed with the Environmental Permitting Assistance for a Power
Plant Project in the City of Vernon
Dear Mr. Malkenhorst:
Based on discussions with City representatives, ENSR is prepared to begin environmental
permitting assistance for a power plant project in the City of Vernon. For your convenience, you
may authorize ENSR to start the project in accordance with the scope of work and terms and
conditions contained in ENSR's Proposal for Environmental Permitting Assistance, May 2001, by
signing a copy of this letter in the space provided below.
Upon receipt of your written authorization, ENSR will immediately begin the project including the
development of a list of the information necessary to complete the California Energy Commission
and South Coast Air Quality Management District applications.
Once again, ENSR appreciates the opportunity to work with the City on this important project. If
you need additional information please contact either of the undersigned at (805) 388-3775.
Sincerely,--'�
/FVichard
C A. mon
Vice President
Authorized by: City of Vernon
Steven L. Heisler
Project Manager
Name:
Bruce V. Malkenhorst Title: City Administrator/City Clerk
14 2001
Signature.: abate: May
Over 30 Years of Excellence in Environmental Services
EXHIBIT
m
1 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
2
3 THIS AGREEMENT is made, entered into and executed in
4 duplicate originals, either copy of which may be considered and used
5 as the original hereof for all purposes, as of this day of May,
6 2001, in the City of Vernon, County of Los Angeles, California
7 BY AND BETWEEN THE CITY OF VERNON
(hereinafter referred to as
8 the "City")
4305 Santa Fe Avenue
9 Vernon, CA 90058
10 AND ENSR CORPORATION
(hereinafter referred to as
11 "Consultant")
1220 Avenida Acaso
12 Camarillo, CA 93012-8738
13 RECITALS
14 WHEREAS, the City is interested in the development of a
15 Combined Cycle Power Plant (the "Project") for purposes of installing
16 additional generating capacity that is capable of yielding cost
17 effective, efficient and reliable electricity to meet its goals, while
18 meeting Federal, State and local environmental and siting
19 requirements; and
20 WHEREAS, the City is proposing to build the Project in two
21 phases with the first phase consisting of the installation and
22 operation of two simple cycle combustion turbine units and the second
23 phase consisting of the simple cycle combustion turbine units being
24 modified to combined cycle units; and
25 WHEREAS, the City desires the Project to be considered under
26 the California Energy Commission's "fast -track" four -month permitting
27 process in accordance with Section 25552 of the California Public
Resources Code; and
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1 WHEREAS, the City requires the services of a consultant for
2 environmental permitting and related California Energy Commission
3 siting assistance initially for the addition of two simple -cycle
4 turbines at the Project and then later the addition of a steam
5 turbine; and
6 WHEREAS, Consultant submitted a proposal to the City dated
7 May 2001 (the "Proposal") that includes a description of proposed
8 services and a cost estimate for the completion of the Application for
9 Certification ("AFC") phase of the California Energy Commission
10 Permitting process with additional cost estimates to be provided as
11 needed for additional steps of the permitting process; and
12 WHEREAS, Consultant represents that it is qualified to
13 perform such services and is willing to render such professional
14 services as hereinafter defined; and
15 WHEREAS, the City desires to engage the services of
16 Consultant for environmental permitting and related California Energy
17 Commission siting assistance.
18 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
19 FORTH HEREIN:
20 1. SCOPE OF SERVICES.
21 Consultant shall perform the services outlined in Section
22 2.0 "Scope of Work" of the Proposal, a copy of which is attached
23 hereto as Exhibit "A" and incorporated herein by reference.
24 2. PROGRESS REPORTS.
25 Consultant shall provide written progress reports, as
26 requested by the City, in order to advise the City, as quickly as
27 possible, of significant milestones or conclusions that will assist
28 the City in making progress toward the completion of the permitting
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1 process of the Project. Consultant shall also meet with City staff,
2 upon City's request, or as needed, in order to provide reports or
3 information concerning the services being performed by Consultant
4 under this Agreement.
5 3. TIME OF PERFORMANCE.
6 Consultant's services shall commence upon complete execution
7 of the Agreement and shall continue until the services to be provided
8 in the Scope of Work is completed, unless the Agreement is terminated.
9 4. COMPENSATION.
10 A. Consulting Costs. The City will compensate
11 Consultant for environmental permitting and related California Energy
12 Commission siting assistance pursuant to Consultant's cost estimate
13 contained in Section 3.2 of the Proposal and consistent with the
14 "Billing Rates" section of the Commercial Terms and General
15 Conditions, Time and Materials Agreement, which is attached hereto as
16 Exhibit "B" and incorporated herein by reference. The total amount to
17 be paid to Consultant under this Agreement shall not exceed a total of
18 Two Hundred Seventy -Four Thousand Eight Hundred Sixty -Two Dollars and
19 No Cents ($274,862.00).
20 B. Other Expenses. Other expenses not identified
21 in the Proposal, such as those specified in the "Other Direct Costs"
22 section of Exhibit "B," may only be billed if advance written approval
23 has been obtained from the City Administrator.
24 5. METHOD OF PAYMENT.
25 Consultant shall submit within thirty (30) days after the
26 last day of any month in which services have been performed or costs
27 incurred hereunder an invoice to the City. Invoices shall contain an
28 itemization of services rendered, directly related job expenses and
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1 subcontract charges incurred by Consultant and for which compensation
2 is due. Consultant shall be responsible for paying any subcontractors
3 used in the performance of this Agreement. Subcontractors shall not
4 bill the City directly.
5 Payment of the invoice shall be made after acceptance and
6 approval by the City within thirty (30) days of receipt. The City's
7 approval of the invoice shall not be unreasonably withheld.
8 6. CHANGES AND EXTRA SERVICES.
9 The City reserves the right to request changes in the
10 services to be performed by Consultant. All such changes shall be
11 incorporated in written change orders executed by the City and
12 Consultant which shall specify the changes ordered and the adjustment
13 of compensation and completion time required thereof.
14 Any services added to the scope of this Agreement by a change
15 order shall be executed under all applicable conditions of this
16 Agreement. No claim for additional compensation or extension of time
17 shall be recognized unless contained in a duly executed change order.
18 7. PRODUCTS OF CONSULTING.
19 All documents, data, databases, studies, surveys, drawings,
20 maps, models, photographs and reports prepared by Consultant under
21 this Agreement shall be considered the property of the City. Such
22 documents and materials shall be delivered to the City by Consultant
23 as they are generated; however, Consultant may take and retain copies
24 of such documents and materials as desired.
25 8. Termination. This Agreement may be terminated by the
26 City without cause on ten (10) days written notice to Consultant. In
27 the event of such termination by the City, Consultant shall be
28 entitled to only the compensation earned by it prior to the date of
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1 the termination notice, plus compensation for necessary work performed
2 during the ten (10) day notice period and authorized in the
3 termination notice.
4 9. NOTICES. Notices to the parties, unless otherwise
5 requested in writing, shall be sent to:
6 City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
7 CITY ADMINISTRATOR
4305"SANTA FE AVENUE
8 VERNON, CA 90058-0805
9 Consultant: ENSR CORPORATION
10 ATTN: RICHARD A. SIMON, VICE PRESIDENT
1220 AVENIDA ACASO
11 CAMARILLO, CA 93012-8738
12 10. CONFIDENTIAL INFORMATION.
13 A. Access to Confidential Information. The City may
14 provide Consultant with, or allow Consultant access to, certain
15 information not available to the public concerning the City, or
16 businesses located in the City. The information may include company
17 information, taxes, sales, value of assets, or other such information.
18 All suchinformation shall be known as "Confidential Information."
19 B. No Disclosure. Except as expressly permitted,
20 Consultant shall not disclose, permit the disclosure of, release,
21 disseminate, or transfer, whether orally or by any other means, any
22 part of such Confidential Information to any other person or entity,
23 whether corporate, governmental, or individual, without the express
24 prior written consent of an authorized representative of the City.
25 Consultant shall return any written Confidential Information and all
26 copies made of such items to the City upon the City's written request,
27 but in any event not later than the date that Consultant has performed
28 all services to be performed pursuant to this Agreement. Consultant
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1 hereby agrees that such Confidential Information and any documents
2 provided may be used by Consultant only as authorized by the City.
3 Consultant shall take reasonable measures to avoid any disclosure of
4 any such Confidential Information to any unauthorized person.
5 C. Court Ordered Disclosure. Consultant shall
6 immediately notify the City of any court order or subpoena requiring
7 disclosure of Confidential Information, and shall cooperate with legal
8 counsel in the appeal or challenge of any such order or subpoena.
9 Recipient may only disclose Confidential Information required to be
10 disclosed pursuant to court order or subpoena after legal counsel has
11 exhausted any lawful and timely appeal or challenge.
12 D. Remedies. In addition to any other remedies that
1.3 it may have at law or in equity, the City shall be entitled to a
14 temporary and permanent injunction by a court of competent
15 jurisdiction against any breach or threatened breach of the
16 Confidential Information provisions of this Agreement. Consultant
17 acknowledges that in case of such breach or threatened breach of said
18 provisions, the City would have no adequate remedy at law.
19 11. GENERAL PROVISIONS.
20 A. Independent Contractor. At all times during the
21 term of this Agreement, Consultant shall be an independent contractor
22 and shall not be an employee of the City. The City shall have the
23 right to control Consultant only insofar as the results of
24 Consultant's services rendered pursuant to this Agreement; however,
25 the City shall not have the right to control the means by which
26 Consultant accomplishes services rendered pursuant to the Agreement
27 except to the extent that such services involve the use of City
28 property or Confidential Information.
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1 B. Consultant Not Agent. Except as the City may
2 specify in writing, Consultant shall have no authority, express or
3 implied, to act on behalf of the City in any capacity whatsoever as an
4 agent. Consultant shall have no authority, expressed or implied,
5 pursuant to this Agreement to bind the City to any obligation
6 whatsoever.
7 C. Indemnification. Consultant shall indemnify,
8 defend, protect and hold the City and its officers, agents and
9 employees, free and harmless from and against any and all claims,
10 demands, losses, damages, liabilities, fines, charges, penalties,
11 orders, judgments and all costs and expenses incurred in connection
12 therewith, including reasonable attorney's fees and costs of defense
13 arising out of the negligent services performed under this Agreement,
14 except to the extent arising from or caused by the negligence or
15 willful misconduct of the City, its officers, agents or employees.
16 D. Insurance. Prior to commencing work hereunder,
17 Consultant shall provide the City with proof of insurance providing
18 and maintaining the coverages and endorsements set forth in the
19 Insurance Schedule attached hereto as Exhibit "C" and made a part
20 hereof by reference. Said proof of insurance shall also provide that
21 said policy or policies shall not be canceled or materially reduced in
22 coverage without giving at least thirty (30) days prior written notice
23 to the City. Consultant shall not permit a subcontractor or vendor to
24 perform work on City premises unless and until a certificate of
25 insurance is obtained showing that such subcontractor or vendor has
26 worker's compensation coverage.
27 If Consultant employs subcontractors as part of the
28 services rendered, Consultant's protective coverage is required.
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1 Consultant may include all subcontractors as insureds under its own
2 policy or shall furnish separate insurance for each subcontractor,
3 meeting the requirements set forth herein.
4 E. Governing Law. The validity, interpretation and
5 performance of this Agreement shall be controlled and construed under
6 the laws of the State of California.
7 F. Assignment and Subcontracting Prohibited. No
8 party to this Agreement may assign or subcontract any right or
9 obligation pursuant to this Agreement except with the express written
10 consent of the other party. Any other attempted or purported
11 assignment of any right or obligation pursuant to this Agreement shall
12 be void and of no effect.
13 G. Amendments. This Agreement may be modified or
14 amended only by a written document executed by both Consultant and the
15 City and approved as to form by the City Attorney.
16 H. Entire Agreement. This Agreement is the entire
17 agreement of the parties. Consultant represents that in entering into
18 this Agreement, it has not relied on any previous representations or
19 understandings of any kind or nature. It is understood and agreed
20 that in the event of a conflict between the Proposal, the Commercial
21 Terms and General Provisions (specifically, Billing Rates, Other
22 Direct Costs, Estimates of Costs and Schedules, Access, Client
23 Information, Standard of Services and Warranty, Remedies,
24 Environmental Conditions, Limitations of Liability, Ownership of
25 Waste) and this Agreement, the terms of this Agreement shall prevail.
26 It is further understood that following sections in the Commercial
27 Terms and General Provisions have been stricken and are not in force
28 and effect: Scope of Services, Litigation Support, Retainer,
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1 Invoicing and Payment, Agreement, Confidentiality, Work Product,
2 Insurance, Indemnity by ENSR, Changes, Independent Contractor, Force
3 Majeure and Entire Agreement.
4 I. Benefit of Agreement. This Agreement shall bind
5 and benefit the parties hereto and their heirs, successors, and
6 permitted assigns.
7 J. Forum Selection. Any action brought relating to
8 this Agreement shall be brought and held exclusively in a State Court
9 in the County of Los Angeles, California.
10 K. Recitals. All recitals are incorporated by
11 reference.
12 L. Waiver. Any waiver at any time by either party
13 of its rights with respect to a default under this Agreement, or with
14 respect to any other matters arising in connection with this
15 Agreement, shall not be deemed a waiver with respect to subsequent
16 default or other matter.
17 M. Force Majeure. Neither Party shall be considered
18 in to be in default in any of its obligations under this Contract when
19 a failure of performance shall be due to an uncontrollable force. The
20 term "uncontrollable force" shall mean any cause beyond the control of
21 the party affected, including, but not restricted to, flood,
22 earthquake, storm, fire, lightening, epidemic, war, riot, civil
23 disturbance or disobedience, labor dispute, labor material shortage,
24 sabotage, federal, state, or municipal action, statute, ordinance, or
25 regulation, embargoes of the United States Government or any other
26 government, which by exercise of due diligence such party could not
27 reasonably have been expected to avoid and by exercise of due
28 diligence has been unable to overcome. Either party rendered unable
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to fulfill any of its obligations under this Agreement by reason of an
uncontrollable force, shall give written notice within five (5)
Business Days of such fact to the other party and shall exercise due
diligence to remove such inability with all reasonable dispatch.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed by and through their authorized officers on the date,
month and year first written above.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
CITY OF VERNON
By:
LEONIS C. MALBURG, Mayor
By:
Title:
By:
Title:
ENSR CORPORATION
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EXHIBIT
0
City of Vernon Power Plant
Proposal for Environmental Permitting Assistance
May 2001
Submitted to
City of Vernon
Vernon, California
Prepared by
ENSR International
1220 Avenida Acaso
Camarillo, California 93012
1.0 INTRODUCTION
ENSR is pleased to present this proposal to the City of Vernon to provide environmental
permitting and related California Energy Commission (CEC) siting assistance initially to add a
peaking power plant, consisting of two General Electric LM6000 natural-gas fired simple -cycle
turbines, and then to be followed with the addition of a steam turbine. ENSR understands that the
City of Vernon wants the CEC Application for Certification (AFC) to be considered under the
CEC's "fast -track" four -month permitting process. Therefore, this proposal limited to the two
simple -cycle peaking turbines, since the combined -cycle portion of the project will permitted at a
later date through the CEC amendment process.
ENSR is extremely well -qualified to provide this assistance. We are currently providing CEC
permitting support to several clients, and provided support for the High Desert Power Project,
which was approved by the CEC in March 2000 and the Mountainview Power Project, which was
approved in March 2001. ENSR's core team, which is located in Southern California, has worked
together for several years.
ENSR assumes that the project will satisfy the requirements for consideration for the four -month
permitting process specified in Section 25552 of the California Public Resources Code (CPRC),
which include:
1. Not. being a major stationary source or a modification to a major stationary source, as
defined by the federal Clean Air Act
2. Not having a significant adverse effect on the environment as a result of construction
or operation
3. The applicant has a contract with a general contractor and has contracted for an
adequate supply of skilled labor to construct, operate and maintain the power plant.
It is our understanding the project will be constructed within the existing City of Vernon power
plant site and no new land will be required. At this time we assume the project would not require
construction of a transmission line, while the project would require construction of a new natural
gas pipeline approximately one -block long. We assume the permitting work for the facility will
include the pipeline. We o as umin . that` coolin water will not berequired uired for the: eakin M � r
g 9 � � g ,a_ .
RectAo be ncluded in the four -month review and that water supply will, therefore, not be an
issue.
We have assumed that the City of Vernon or its engineering contractor will provide the project
description and engineering assessment for the project. ENSR will coordinate the preparation of
may 2001
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/4:fANA)/OA'AL
the AFC and other required environmental permit applications. Subcontractors will be used for
some of the environmental topics. The team roles and assumed level of effort are discussed in
the following section. The estimated schedule and costs for this work follow in Section 3. Project
team qualifications and relevant experience are presented in Sections 4 and 5, respectively.
Resumes of key staff members are included in Attachment A.
May2001
1-2
EPMI
2.0 SCOPE OF WORK
This section describes the work ENSR proposes to conduct for the City of Vernon, including the
necessary steps to complete an AFC and propel the project into the CEC permitting process. The
cost estimate presented herein is only for services through AFC submittal. It is difficult to predict
the level of effort required for the Data Adequacy phase (the step after AFC submittal) or
succeeding phases of the CEC process. Hence, cost estimates for these services will be
provided as needed.
ENSR's project management is integral to performance of the technical work and is included in
the cost estimate portion of the proposal. The project management work includes coordination
between the City, ENSR and other City of Vernon contractors, management of the ENSR
subcontractors, preparing progress reports, providing quality assurance, tracking schedule and
costs, and managing the production of the documents and related requirements.
The AFC process entails a series of information gathering and analytical phases leading to a final
decision to approve/certify or deny a proposed project. The tasks proposed for completion of the
AFC document are discussed below.
2.1 Pre -filing Assessments
Preparation of the AFC will involve pre -filing meetings, both with the CEC and between ENSR and
the City. The purpose of the pre filing meetings is to discuss the project, the siting process, filing
requirements, and potential issues. Although pre -filing is an informal phase and is not required as
part of the permitting process, the CEC strongly encourages applicants to have pre -filing meetings
to identify issues specific to their particular project early in the process.
ENSR assumes that we will meet first with the City of Vernon to discuss permitting strategies, and
then meet with the CEC. The meeting with the CEC will be to introduce the project to the CEC
staff and determine specific data requirements and concerns. At this early stage, ENSR will
provide a list to the City of Vernon of the information necessary to complete the AFC.
2.2 AFC Preparation and Submittal
The AFC will include the information detailed in Appendix B of the GEC's Power Plant Siting
Regulations (Title 20, California Code of Regulations, August 2000 and the additional information
required for the four -month permitting processes detailed in Section 25552 of the California Public
Resources Code [CPRC]). The following subsections describe how ENSR proposes to collect
and present the required data and analysis for the AFC. It also outlines the assumed
2-1 may 2001
EIS.
responsibilities of ENSR and the City of Vernon in supplying or preparing the bulk of each
topic/section. For purposes of this discussion, we have broken them into four main topic areas.
2.2.1 Project Description and Overview
ENSR assumes the City of Vernon will be responsible for providing most of the information
required in these sections. The various components of the Project Description are described
below.
2.2.1.1 Executive Summary
The project overview, schedule, and ownership all will be included in this section. The City of
Vernon will provide a summary of the key project components and objectives. ENSR will
condense the most important points of the environmental analyses in the AFC into the Executive
Summary. ENSR will complete the Executive Summary after compiling the rest of the AFC.
2.2.1.2 Project Description
As indicated above, ENSR assumes the City of Vernon will have a significant role in preparation
of the Project Description (i.e., the detailed description of the design, construction, and operation
of the facility and offsite improvements). ENSR will prepare maps of the general area of the site
based on a scale plan of the site. ENSR's primary responsibility will be to integrate and
incorporate the City of Vernon's Project Description into the overall AFC, to ensure that the
presentation of material is consistent and flows properly.
2.2.1.3 Project Need Conformance
While this discussion is expected to be minimal, we assume that the City of Vernon will provide
the technical information for the preparation of this section.
2.2.1.4 Project Alternatives
The AFC must contain a discussion of Alternatives to the project including the no project
alternative. The section must also discuss alternatives to the project, if any would reduce or
minimize environmental impacts. Offsite alternatives, alternative project sizes, and alternative
fuels and technologies will require discussion, as well as the "no project' alternative. As with the
Project Description, we assume that the City of Vernon will provide information for this section and
ENSR will integrate and incorporate the material into the overall document and perform the
associated environmental assessment.
May 2001
2•2
ENM_
In order to be as cost-effective as possible, we assume that the alternatives will be clearly defined
early in the AFC process, so that,we can assess the impacts of project alternatives concurrently
with assessment of impacts from the proposed project.
2.2.1.5 Project Closure
It is assumed the City of Vernon will provide a short description of measures to be taken in the
event of either temporary or permanent closure of the project once built.
2.2.2 Engineering Assessment
The engineering assessment must include discussion of the following topics:
• Facility Design
• Power Plant Reliability
• _ Power Plant Efficiency
• Transmission System Engineering
• Transmission Line Safety and Nuisance
We assume the City of Vernon will provide these sections and ENSR will integrate them into the
AFC.
2.2.3 Compliance with Laws, Ordinances, Regulations, and Standards
ENSR will assemble a list of required environmental permits as well as a listing of applicable laws,
ordinances, regulations, and standards (LORS). A table with the agency contact information will
also be generated. We assume that the City of Vernon will provide the compliance list for project
design, transmission, construction, and operation requirements.
For the four -month permitting process, Section 25552 of the CPRC also requires that the AFC
include "substantial evidence" that the project as proposed in the application will result in
compliance with all applicable federal, state and local laws, ordinances and standards
This information can either be integrated into the specific environmental and design discussions or
as a stand-alone section. If integrated, the AFC will include a table indicating where in the AFC
document the requirements are discussed.
2.2.4 Environmental Information
This section discusses environmental disciplines that will be analyzed in the AFC. In addition, the
section briefly presents the methodologies we anticipate using for the assessment of each issue
_ May 2001
2-3
nveaxanax,c<
area. In order to meet the requirements for an AFC, the specific information to be included in
each issue area is as outlined in Appendix B of the CEC's Power Plant Siting Regulations.
2.2.4.1 General,
Environmental information to be provided in the AFC in each issue area includes the following:
• A description of the existing environment potentially affected by the project;
• Direct and indirect impacts of the project on the identified environment;
• Cumulative impacts from the project and related projects; and
• Mitigation measures to reduce or eliminate project impacts.
The description of the existing environment will be pulled from other documents such as local
Environmental Impact Reports to the extent possible.
An initial step in evaluating cumulative impacts will be to define known or reasonably foreseeable
and appropriate projects that could produce cumulative impacts. For most issue areas,
cumulative impacts would be from projects within one mile or.less; however, ENSR will use CEC
requirements for specific issues, such as six miles for air quality and environmental justice
(discussed under socioeconomics). ENSR will discuss proposed and/or likely projects with the
City of Vernon and with county agencies, including the South Coast Air Quality Management
District (SCAQMD) to identify such projects. Specifically, in order to assess cumulative air quality
impacts, ENSR will identify stationary emission sources within a six -mile radius of the proposed
site that have received construction permits, but are not yet operational, and stationary emission
sources that are currently undergoing SCAQMD permit application review.
Mitigation measures will be included in each issue area. For the most part, mitigation measures
will be briefly examined in light of their likely effectiveness for reducing impacts.
2.2.4.2 Air Quality
The air quality analysis will be done as a number of subtasks, including emissions calculations
and control technology review, modeling protocol and air quality/public health impact analyses
and a determination of offset requirements. We currently do not anticipate that emissions of any
criteria pollutant will exceed the 250 tons/year-trigger level for Prevention of Significant
Deterioration (PSD) analyses. ENSR will prepare a Determination of Compliance (DOC is
essentially the same as an Authority to Construct permit) application for the SCAQMD and the
AFC sections, including documentation of analysis methods, air quality impact analyses,
cumulative impact analysis, and description of mitigation measures.
- --lay 2001
2-4
El+M
Emissions Calculations and Control Technology Review
Using information and equipment specifications provided by the City of Vernon, ENSR will
determine project emissions. It is assumed that performance data for the turbines and guarantees
for the control equipment selected will be provided. Emissions during startup and shutdown
operations will also need to be determined and presented. _The information needed for the
analysis will be delineated in a data request submitted to the City of Vernon at the outset of the
analysis. This information will be used by ENSR to prepare the engineering descriptions that are
required for the SCAQMD DOC and AFC.
Before emissions calculations are made, ENSR engineers will confirm that the control technology
and resultant emission rates proposed for the project combustion turbines are consistent with
applicable performance standards required by the SCAQMD and CEC. A discussion of the
control requirements which meet Environmental Protection Agency (EPA) and SCAQMD's
requirements for a "top down" Best Available Control Technology (BACT) and/or Lowest
Achievable Emission Rate (LAER) analysis will be prepared. We have several examples of this
discussion from other recent power plant projects that can be used with only minor tailoring to the
project.
Using conservative assumptions consistent with expected operation of the facility, ENSR will
calculate maximum short-term (hourly and daily) and annual emissions of criteria pollutants —
oxides of nitrogen (NOO, particulate matter less than or equal 10 microns in diameter (PM10),
carbon monoxide (CO), sulfur oxides (SOJ, and volatile organic compounds (VOC) — from the
project turbines. Emission factors will be based on manufacturer's performance data and publicly
available source -test data for similar units. PM10 emissions will include condensables.
Emissions of toxic air contaminants TACs including ammonia slip emissions associated with
t ( ), 9 p
NO, control, will also be quantified for normal turbine operation. The list of TACs will be limited to
those included in SCAQMD Rule 1401. The estimates will be based primarily on TAC emissions
calculated for the existing units, the California Air Toxics Emissions Factors (CATEF) database,
AP-42 for metals, and/or published information for similar sources.
In addition, indirect emissions (e.g., mobile sources) associated with project operation will be
quantified. However, based on our similar recent projects with the SCAQMD and CEC, we do not
anticipate a requirement to analyze the impact of diesel exhaust particulate matter from mobile
sources as a carcinogen at this time.
Emissions will also be calculated and presented for construction activities based on information to
be provided by the City. Such information includes construction equipment usage and the amount
of soil -disturbing activities.
May 2001
25
IV ItFNAIlOA'AL
Prior to using the project emissions in subsequent analyses, the emissions will be documented
and submitted to the City of Vernon for review and approval.
Air Quality Impact Assessment
As a first step in preparation of the air quality impact assessment, ENSR will prepare a modeling
protocol. Because we have extensive experience with the SCAQMD and CEC, ENSR will be
prepared to submit the modeling protocol within one week of completing emission calculations.
Agreement by all parties on the modeling techniques to be used will be helpful in obtaining
concurrence on the results of the analyses. We would propose to submit the protocol as soon as
possible and then conduct the modeling prior to approval of the protocol. We believe there is only
a small risk in this approach since we would propose techniques known to be acceptable to the
SCAQMD and CEC.
ENSR will determine the air quality impacts of project operation emissions by conducting air
dispersion modeling. For scoping of this proposal, it is assumed that Version 3 of the Industrial
Source Complex -Short Term model (ISCST3) will be applied. This model is EPA and SCAQMD
approved for simple or for complex terrain applications. As defined for modeling purposes, stack
top elevation represents the cut-off between simple and complex terrain.
Stack parameters (proposed stack height, stack internal diameter, exit velocity, and exit
temperature) will be taken from the performance data (provided by the City). Stack coordinates
will be determined from a representative plot plan.
Before dispersion modeling is performed, ENSR will perform a Good Engineering Practice (GEP)
stack height review to determine if the proposed turbine's stack height is consistent with accepted
GEP guidelines. A stack that is significantly shorter that GEP height will potentially be influenced
by aerodynamic downwash from nearby structures; the ISCST3 model is capable of accounting
for downwash effects, which generally result in higher concentrations in the areas adjacent to the
site. On the other hand, according to EPA guidelines, no credit can be given in an air quality
impact'analysis for stack height in excess of the GEP height (unless the stack height is less than
65 meters). Therefore, the optimum stack height from a strictly air quality impact perspective is
usually the GEP stack height. The GEP stack height review will be performed using EPA software
(BPIP) or equivalent. In order to perform this review, ENSR will obtain information from the City
and/or verify information already in-house about the dimensions of the combustion turbine unit
and any structures in the vicinity of the stacks.
Using the maximum emission rates, the air dispersion modeling approach described above, and
an acceptable set of stack parameters, ENSR will determine the incremental ambient
concentrations of NOx PM10, CO, and SO2 associated with project operation. As applicable, short
2-6
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1
ENMM
term (2 hours or less) and annual average concentrations will be determined for normal operating
conditions. For the temporary, non -routine operating scenarios, only short-term impacts will be
determined. It is expected that emissions of other criteria pollutants (e.g., lead and H2S) will be
small enough that modeling of these pollutants will not be necessary.
Because we do not anticipate the project to require a PSD analysis, we have not included visibility
modeling in our proposed scope of work.
ENSR will perform modeling of the construction emissions." We do not expect that ozone
modeling or an assessment of secondary formation of PM,a will be required for the AFC.
Therefore; these analyses are not part of the proposed scope of work.
A cumulative detailed modeling analysis is also required by the CEC, even if project impacts are
insignificant. For purposes of this proposal, we have assumed the SCAQMD will be able to
readily provide the needed information regarding other projects.
Identification of Emission Offsets Required and Ways to Secure These Offsets
The mitigation task will include a calculation of criteria pollutant emission offsets that are required.
Because some projects have had difficulty demonstrating the availability of sufficient emission
reduction credits (ERCs), the CEC requires that a great deal of information on the source of
offsets be provided in the AFC. It is assumed that offsets will be required for project NO,. VOC,
CO, PM,a and possibly S02 emissions.
SCAQMD Application
Even though the CEC process replaces all other state and local permitting, it is still necessary to
submit an application to the SCAQMD for their DOC. The DOC that will be issued by the
SCAQMD is in all respects the same as a permit to construct (PTC), and hence the application
must contain all of the items normally needed for a PTC. ENSR will use many sections that are
prepared for the AFC in the DOC application, but will make it specific to the SCAQMD
requirements.
Additionally, although EPA does not require Title V applications to be submitted until the source
has been in operation for up to one year, SCAQMD has combined the Title V program with their
pre -construction permitting requirements. Therefore, the application to SCAQMD must address
the Title V requirements for the new unit.
Based on other recently permitted projects, we assume the source will be exempt from case -by -
case maximum achievable control technology (MACT) standards for gas turbines under Section
May MOB_
2-7
i
AW
112(g) of the Clean Air Act and from the Compliance Assurance Monitoring (CAM) Rule.
Therefore, we have not included preparation of CAM Plans in the scope of work.
CEC AFC Sections
The AFC application serves as the equivalent of a CEQA document, and must include discussion
of the regulatory (LOBS) analysis, documentation of impact analysis methodologies, impact
assessment, mitigation measures, and analysis of alternatives.
For the description of the existing environment, ENSR will discuss regional meteorology and
climatology, as well as summarize the air quality data in the general project area over the past
three calendar years. ENSR will briefly discuss the applicable local, state, and federal air quality
regulations and how each regulation pertains to and affects the proposed project.
Based on the significance criteria established, ENSR will identify potentially significant impacts of
project air emissions for both construction and operation. One or more measures will be identified
to mitigate the impacts to the extent feasible. The expected effectiveness of each mitigation
measure will be estimated. If additional controls are found to be feasible, the effectiveness will be
assessed by determining the reduction in project emissions. Operational mitigation measures will
primarily consist of the installation of BACT and provision of offsets.
2.2.4.3 Public Health
Although also addressed under air quality, the CEC staff assessments for public health focus on
the health risks from potential TAC emissions due to the project.
Currently, the SCAQMD requires a health risk assessment (HRA) for emissions of TACs from a
new source under Rule 1401. This analysis will utilize the TAC emission rates and the dispersion
modeling techniques developed in the Air Quality Assessment. The CEC uses significance
criteria of one in a million increased cancer risk and a hazard index of 0.5. Predicted impacts will
be compared to these levels, and are expected to be well below them. Expected elements of the
approach are summarized below.
Geographic data will be used to determine the distribution of the potentially exposed population in
the general vicinity of the site (within about 10 kilometers). Sensitive receptors (schools,
hospitals, rest homes, day-care centers) will be similarly identified.
Using the information on population distribution and sensitive receptor locations, ambient
concentrations of TACs will be calculated. This information will serve as input to the HRA model,
which will be used to calculate potential acute, chronic, and carcinogenic health risks. It has been
assumed that the ACE2588 model, which was distributed by the California Air Pollution Control
2-8
May 2001
r]
EN:lt,
Offices Association (CAPCOA) for use in HRAs required by the California Air Toxics Hot Spots
Program, will be used. Because the power plant essentially operates continuously, subchronic
exposures will not be evaluated.
Risks will be characterized for the general population as well as for sensitive receptors. For the
general population, risks will be determined for residential and worker exposure scenarios as
appropriate for the receptor location. The results will include a map showing the three receptor
locations with the highest risks. It is assumed that no significant impacts will be modeled, and
hence isopleth maps will not be presented.
2.2.4.4 Hazardous Materials Handling
ENSR will prepare a list covering the hazardous and/or acutely hazardous materials based on
information provided by the City of Vernon on the materials being stored, used and generated at
the subject facility. The list will be composed of hazardous materials as defined by the California
Health and Safety Code; California Labor Code, Hazardous Substance Information and Training
Act; Title 10 of. Federal Code of Regulations (Energy); Title 49 of the Federal Code of Regulation
(Transportation); the California Department of Industrial Relations, Director's List of Hazardous
Substances; and the Emergency Planning and Community Right to Know Act, Section 302 (Title
40 of the Federal Code of Regulations). ENSR will prepare a written description of the known
toxicity of each of the hazardous and/or acutely hazardous materials identified by the City.
Technical.publications, such as Dangerous Properties of Industrial Materials (Sax) and Handbook
of Toxic and Hazardous Chemicals and Carcinogens (Sittig), will be used in developing the
detailed discussion, as well as additional federal and state toxicity data.
ENSR will prepare a map that will identify the location(s) of schools, hospitals, day-care facilities,
emergency response facilities and long-term health care facilities within the area potentially
affected by a release of a hazardous and/or acutely hazardous material.
ENSR will prepare a detailed description of the planned storage and handling systems that will be
used at the subject facility for each hazardous and/or acutely hazardous material stored on site.
ENSR will provide recommendations on these areas if design changes could reduce the potential
impacts to insignificant. For instance, providing a sump in the aqueous ammonia transfer location
could significantly reduce the hazards associated with truck unloading.
ENSR will analyze the likelihood and potential quantity of an accidental release for hazardous
materials stored in greater than threshold quantities. For those accidents that have a more than a
remote potential for occurrence, the consequences of an accident will be analyzed. The
consequence analysis will include a 'modeling analysis of the dispersion of identified potential
releases of hazardous material to determine the locations and estimates of maximum acute
May 2001
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U11
it
ENyt,
exposure levels, and operating and plausible worst -case upset conditions that could lead to a
release. We assume the analysis will use the EPA's RMP-Comp model and worst case
meteorological assumptions.
Based on ENSR's other recent projects, aqueous ammonia is the only hazardous material that is
likely to be used in greater than threshold quantities, and for which the CEC feels that an accident
is possible. Given proper tank design, a tank failure is considered implausible, and a truck
unloading accident has been the only scenario that the CEC has required to be modeled.
Therefore, this is the scenario that ENSR has assumed for this proposal.
Note: if the ammonia to be used is greater than the threshold quantity and greater than a 20%
solution, then a risk management plan (RMP) will be required. ENSR has not assumed
preparation of an RMP in this proposal
2.2.4.5 Noise
The noise section of the AFC will include an assessment of the noise associated with the
proposed project and how it affects workers at the facility while it is under construction and in
operation. The assessment will also include a discussion of the short-term (during construction)
and long-term (during operation) effects of noise associated with the project on the surrounding
community. ENSR will identify residences, hospitals, libraries, schools, places of worship, or other
facilities where quiet is an important attribute of the environment within the area potentially
impacted by the proposed project. The existing environment will include a description of the
daytime and nighttime ambient noise levels at the sensitive receptors nearest to the proposed
site. The ambient noise measurements will be collected by ENSR or a subcontractor. For this
cost estimate, we assume that measurements will be collected at no more than five offsite
locations.
The impact assessment will include a description of the major noise sources of the project based
on engineering and architectural drawings and data. We assume that the noise generation data
for the turbine and ancillary equipment selected will be provided by the City of Vernon or their
engineering contractor. If not, then ENSR will use data for similar projects/equipment available in
the literature.
2.2.4.6 Traffic and Transportation
An ENSR subcontractor with local knowledge (not yet selected) will conduct the traffic analysis,
including a description of existing traffic conditions and an estimate of the traffic impacts at the
intersections that will experience increased traffic generated by project construction and
operation. To determine existing traffic conditions, peak hour counts at key intersections will be
collected and used to calculate levels of service. The project's impacts on the level of service
2-10 May 2001
i�
(LOS) at the key intersections will be calculated based on the estimated trip distributions for
construction -related and operational vehicles. Locations where rail and vehicle interactions occur
will be identified and summaries made of anticipated rail operations associated with project
activities (if any). Roadway safety also will be assessed in terms of hazardous materials to be
shipped to the project site and the number and size of the vehicles to be used for the shipments.
An onsite assessment of traffic conditions will also be performed, including site access limitations,
parking availability, and internal circulation.
As appropriate, based on the impact analysis, potential mitigation measures will be identified.
These mitigation measures generally will take the form of traffic operations changes (temporary or
permanent), and will be directed towards improving safety and LOS. The potential need for more
substantial improvements or reconstruction of intersections will be noted in relation to the projects
share of traffic at such intersections.
ENSR will also determine if there are pertinent Federal Aviation Administration requirements
associated -with the height of construction cranes and stacks with respect to airports in the vicinity.
2.2.4.7 Worker Safety
The AFC will include a description of the safety training programs required for construction and
operation personnel. The equipment for the fuel handling system and fire suppression system will
be shown on a map. Draft outlines of the Injury and Illness Prevention Plan (Title 8 California
Code of Regulations 3203), the Fire Protection and Prevention Plan (Title 8 California code of
Regulations 3221), and the emergency Action Plan (Title 8 California Code of Regulations 3220)
are required for both the construction and operations phases of the project. ENSR assumes the
City of Vernon will provide the information required for this section. If requested, our safety
specialists can assist the City of Vernon with the development of the required information;
however this additional effort is not included in this proposal.
2.2.4.8 Geological Hazards and Resources
ENSR will summarize the geologic hazards and resources of the project site and related facilities.
A map will be included with a description of recognized stratigraphic units, geologic structures,
and geomorphic features within two miles of the project site. We will include a review and
analysis of the likelihood of ground rupture, seismic shaking, mass wasting and slope stability,
liquefaction, subsidence, and expansion or collapse of soil structures. Geologic resources of
recreational, commercial, or scientific value that may be affected by the proposed project will be
detailed and included on the base map.
Published and available unpublished literature on the general and local geology of the area will be
reviewed. Sources are expected to include, but not be limited to, the County, the United States
2-11
May 2001
/NrExx4�lOn'<t
Geological Survey, the State of California, and local universities. The geology of the area will be
characterized in general terms, but emphasis will be placed on aspects of the local geology that
directly affect the nature of potential or existing geological hazards. The factors relating to slope
instability such as faults, joints, hydrological condition, rock strength, slope angle, and seismicity
will be reviewed from pre-existing documentation to make an assessment of the potential impacts.
The potential for severe earthquakes will be researched using information from the state, including
the Alquist-Priolo Special Study Zone information and federal sources. The potential impacts of
strong ground motion will be analyzed to determine if any mitigation measures are needed to
protect life and property.
2.2.4.9 Cultural and Paleontological Resources
To assess the impacts of the proposed project on cultural resources, an ENSR subcontractor
familiar with the local area will identify and evaluate prehistoric and historic archaeological
resources and ethnographic (Native American) resources. The cultural resources assessment will
include a literature search at applicable museums, archives, libraries, and agency offices, followed
by visual surveys of the project site and project -related linear facilities. The subcontractor will
prepare maps identifying the cultural resources in the project area and propose contingency
measures to mitigate potential impacts to previously unrecorded cultural resources if any are
found during project construction.
To assess the impacts of the proposed project on paleontologic resources, an ENSR
subcontractor will perform a literature review, records search, and site visit to evaluate the
potential of the underlying geologic formations to contain paleontological resources. Maps will be
produced to document the occurrence of fossil sites in the study area. Based on the results of the
impact assessment, appropriate mitigation measures will be proposed. Additional contingency
measures to mitigate impacts to paleontological resources, if uncovered during project
construction, will also be proposed.
As the project will be constructed at an existing industrial site and the natural gas pipeline will be
located with an existing street, these issue areas are expected to require only minimal
assessment.
2.2.4.10 Land Use
The land use assessment will include the identification of applicable land use laws, ordinances,
regulations, and standards and an evaluation of the potential for the project to conflict with existing
and planned land uses. ENSR will provide an inventory of existing and designated land uses at
the project site, within one mile of the project site, and within one -quarter mile of the natural gas
pipeline. The inventory will include an identification of unique land uses on the project site and in
May 2001
2-12
1-1
the project area, such as historic areas or natural resource protection areas. ENSR will document
variances that may be required for conformance with applicable land use plans and assess the
cumulative impacts of potential future development in the project area.
ENSR will also use a subcontractor to develop lists of the land holders in the vicinity of the project,
including the linears. CEC uses this information for notifications about the project.
2.2.4.11 Visual Resources
!This section will include a description of the project's visual characteristics and an analysis to
determine the potential impacts to the visual setting for adjacent and surrounding land uses. We
assume the City's engineering contractor will use project feature data such as vertical dimensions,
color and placement of structures to generate visual simulations of what the project would look
like within the existing visual setting. It is assumed that the City of Vernon or their engineering
contractor will provide conceptual drawings of plant components and lighting specifications for the
simulations. The simulations will be used to perform an analysis of the project's visual impacts on
adjacent and surrounding sensitive receptors. To identify visual receptors and resources, ENSR
will conduct a site visit, photograph the project location from various viewpoints, and prepare an
inventory of unique visual features or scenic corridors in the project area. We have assumed up
to five key observation points (KOPs) for our cost estimate. Since we have assumed no cooling
towers will be used, we have not included an analysis of the potential for visible plumes from the
project.
2.2.4.12 Biological Resources
Although ENSR has not visited the site, it is our understanding that the site is in industrial use and
has been completely disturbed. Therefore we assume that a minimal assessment including a site
inspection by a qualified biologist and informal consultation with State and Federal resource
i agencies will satisfy biological resources requirements.
2.2.4.13 Water Resources
Because cooling water is not expected to be required for the simple -cycle turbines, water
resources will not be an issue for the project.
2.2.4.14 Waste Management
ENSR will assess both onsite and offsite waste management impacts. We assume the City of
Vernon will provide estimates of the types and quantities of non -hazardous and hazardous wastes
to be generated during project construction and operation. Waste handling methods will be
243
May 2001
described for each waste stream to show that waste generated onsite will be managed in an
environmentally safe manner.
For the offsite waste management assessment, ENSR will review available documentation and
contact local agencies to compile a list and description of disposal sites that may be used for
project waste disposal. The assessment will include a comparison of the amounts of project
waste that will be generated with the capacities of the disposal facilities. Waste reduction
methods and other appropriate mitigation methods will be proposed to reduce impacts related to
waste management.
2.2.4.15 Agriculture and Soils
Maps will be developed by ENSR to help describe the soil/agricultural setting of the project site
and vicinity. We assume for this proposal the City of Vernon or their engineering contractor will
conduct a geotechnical investigation as part of the site development process and will provide
ENSR with site -specific soil data. Again, as the site is located at an existing industrial facility,
within a highly urbanized area, issues relating to soil and agricultural resources are expected to be
minimal.
2.2.4.16 Socioeconomics
ENSR will provide a description of the socioeconomic characteristics of the project area by
compiling population, economic, employment and demographic data, housing availability,
commute characteristics, workforce availability, taxing entities, etc. Using project -related work
force estimates provided by the City of Vernon, ENSR will assess the affect of the project on the
surrounding communities.
In light of the concern about Environmental Justice issues, ENSR will use the most recent
available census data to establish the demographics of the population surrounding the project
site. The CEC requires a discussion of the racial and economic make-up of census tracts within a
six -mile radius of proposed power plant sites. To obtain this information, ENSR will review the
most recent available U.S. Census Data and conduct a field survey of the 6-mile study area to
Visually identify low-income or minority residences or community "pockets." This surrey will
provide the basis for findings as to whether or not there could be disproportionate impacts on
minority or low-income populations.
ENSR will prepare one or more maps, as required, at a scale of 1:24,000 showing the distribution
of minority populations and low-income populations and significant sources within six miles of the
project site, such as those permitted by the EPA (Toxic Release Inventory sites), the SCAQMD, or
the California Department of Toxic Substances Control. ENSR will also identify available health
studies concerning the potentially affected population within a six -mile radius of the project site.
_ May 2001
2-14
2.2.5 Documents
ENSR will provide format guidelines to the City of Vernon and the subcontractors for the
preparation of the AFC document. This will ensure minimal reformatting or retyping. ENSR will
also provide an electronic base map to be used for all disciplines, to provide consistency. It is
assumed that all sections will be prepared using Microsoft Word software.
It is assumed that it will take one week for the City of Vernon to review the draft AFC. Due to the
large volume of large documents, at least two weeks should be allowed for final modifications,
reproduction, quality assurance and shipping.
For costing purposes, we have assumed that we will prepare up to five copies of the draft
document and 150 copies (125 for the CEC and 25 for the project team) of the final AFC
document (electronic copies may also be submitted, but the CEC still requires that a substantial
number of hard copies be produced). For costing purposes, we have assumed that the AFC will
consist of one main document of approximately 300 pages, with one volume of appendices 300
pages in length. We have also assumed that the documents will be bound in separate, three-ring
binders. Due to the large size of the document, we will use a service such as Kinkos for
document production. For the cost estimate, we have assumed that ENSR will deliver 125 copies
of the AFC to the CEC office in Sacramento.
2.2.6 Meetings and Workshops
ENSR anticipates attending two meetings with the City of Vernon's project team, one meeting with
the CEC staff and one meeting with the SCAQMD, prior to AFC submittal. These meetings will be
for the following purposes:
• A kickoff meeting to introduce the project management team from both ENSR and
the City of Vernon, and to establish common goals, communication procedures,
document control, time schedules, and points of contact. Permitting strategies
would also be discussed. It would be worthwhile if the engineering contractor and
legal firm, if used, were in attendance as well.
• Prefiling Review Workshop — one workshop at which the City of Vernon will present
the project to the CEC staff and individual CEC technical staff can indicate their
specific concerns to be addressed in the AFC. At this workshop ENSR will discuss
our proposed approach to the various issue areas to reach agreement with CEC
staff.
• Pre-DOC-Application meeting with the SCAQMD to review the project's features
and discuss permitting requirements.
2-15 May 2001
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/NIFRNATfOA'A4
• A working meeting to review and incorporate the City of Vernon's comments on the
draft AFC. It is suggested that this meeting be held in ENSR's Camarillo office.
ENSR anticipates participating in frequent discussions via telephone with the City of Vernon and
will be available for additional pre -filing meetings. The meetings described above are listed for
estimating cost. For the purposes of this cost estimate, it is assumed that the kickoff meeting will
be held at City Hall, the SCAQMD meeting will be held in Diamond Bar, the CEC workshop will be
in Sacramento, and the AFC review meeting will be in Camarillo, California.
2-16 May 2001
3.0 SCHEDULE AND COSTS
3.1 Project Schedule
/Y lLNA'4 )lONFL
We understand that the City of Vernon is targeting July for AFC submittal. To meet this target will
require an extremely aggressive schedule. This is especially true given the complexity of the air
quality analysis.
We assume that authorization to proceed with this scope of work will be received by May 7, 2001,
and that and a detailed project description will be received by May 21, 2001. We recommend
scheduling the team kickoff meeting soon. At that meeting, we will determine an appropriate time
to request the CEC Pre -filing Workshop.
3.2 Cost Estimate
ENSR has prepared a time and materials budget estimate for preparing the AFC and delivering
125 copies to the CEC's office in Sacramento, California. ENSR assumes that this project will be
performed under ENSR's General Conditions and Standard Commercial Terms (Attachment B).
The estimated cost for preparing the environmental permitting described in this proposal is
$274,862. A cost estimate breakdown of the major tasks are provided on Table 3-1.
Table 3-1
Cost Estimate
Tasks
Labor
Hours
Labor
ODCs
Subs
Subtotal
1. — Meetings
134
18,430
3,381
0
21,811
2. - Water
10
980
98
0
1,078
3. — Biology
16
1,418
143
0
1,561
4. - Cultural
24
2,300
272
6,600
9,172
5. - Paleontology
24
2,300
230
2,750
5,280
6. - Air Quality and Public Health
415
49,997
5,070
0
55,067
7. - Worker Safety
23
2,280
244
0
2,524
8. - Waste Management
27
2,764
673
0
3,437
9. - Misc. Sections and Cumulative
100
11,360
2,943
0
14,303
10. - Land Use/Socioeconomics
102
8,780
1,1651
4,609
14,554
11. — Noise
1241
11,970
3,208
01
15,178
May 2001
3-1
Table 3-1 (Cont.)
Cost Estimate
Tasks
Labor
Hours
Labor
ODCs
Subs
Subtotal
12. — Traffic
38
3,490
391
8,800
12,681
13. — Geology/Soils
64
8,300
861
0
9,161
14. — Hazardous Materials /Risk
66
8,336
901
0
9,237
15. — Visual
100
9,420
942
0
10,362
16. - Document Prep
342
34,510
3,451
34,100
72,061
17. - Project Manager
148
15,700
1,570
0
17,270
Project Total
I274,737
May 2001
3-2
1 4.0 PROJECT TEAM QUALIFICATIONS
11
EM.
Following are brief summaries of the qualifications of key project team staff. Resumes are
included in Appendix A.
Principal in Charge
Mr. Richard Simon, a Vice President of ENSR in the Camarillo, California office, will serve as
Principal in Charge. Mr. Simon has the full authority to commit the necessary resources to meet
the project objectives and requirements.
Mr. Simon has over 23 years of experience in managing multidisciplinary environmental impact
analyses, environmental liability assessments, and federal, state, and local regulatory compliance,
permitting, and public agency interaction. Mr. Simon has managed and prepared several AFCs
and related CEC documents. The AFCs have included Mountainview Power Plant, High Desert
Power Plant, and three for the LUZ solar/natural gas power plants. In addition, Mr. Simon has
prepared Post Certification Amendments for a Duct -burner Modification Project and another for
the addition of a Fifth Train at the ARCO/Watson Cogeneration facility. Mr. Simon served as
Principal in Charge for the recent LADWP Environmental Impact Reports (EIR) for improvements
at the Valley, Harbor, and Scattergood Generating Stations.
Project Manager
Dr. Steven Heisler, QEP, will serve as the project manager and air quality task manager for the
preparation of the environmental permitting documents.
Dr. Heisler has over 25 years of air quality consulting experience. He has served as project
manager and participated in numerous regulatory -driven projects that have included permitting
and preparation of EIRs under the California Environmental Quality Act. These projects have
included modifications to three Los Angeles Department of Water and Power generating stations
to increase generating capacity and to install SCR emission controls; modifications to three
refineries to produce California Air Resources Board Phase 3 gasoline; and support to the South
Coast Air Quality Management District for preparation of a Program Environmental Assessment
for its Fleet Vehicle Rules.
The primary function of project management is to ensure that the client's technical, financial, and
scheduling objectives are met in full. The project manager will have direct responsibility for all
operational aspects of the project.
4-1
May 2001
/VJEFXq)/O '
Listed below are the duties the project manager will perform:
• Provide overall direction to the ENSR technical staff and to our support services
groups (cost analyst and publication staff) and to subcontractors;
• Initiate routine communication between all members of the project team;
• Identify concerns, formulate solutions, and communicate these to the project team;
• Monitor and be responsible for meeting schedule and budgetary requirements; and
• As requested, represent the City of Vernon at required meetings and workshops.
May 2001
4-2
/N>c'AN<>/llA'AL
5.0 RELEVANT EXPERIENCE
ENSR has extensive experience permitting power generation units, completing CEQA projects,
and preparing environmental applications for projects with the CEC. A sampling of ENSR's
current and relevant project experience is described below. Additional experience and/or
references can be provided upon request.
Environmental Permitting of a Repowered Generating Station
Mountainview Power Company (MVPC), California
ENSR assisted MVPC to obtain a license for a combined -cycle power plant from the California
Energy Commission (CEC). This project involves adding 1,050 MW of new combined -cycle
capacity to an existing power plant site. The Application for Certification (AFC) includes a full
environmental impact analysis, which will be used to satisfy all required state and local
environmental permitting requirements. The AFC was first submitted in February 2000 and a
Decision was issued in March 2001.
Air Permitting and Other Assistance
High Desert Power Project, California
ENSR provided specialized permitting support for a new 800-MW combined -cycle plant in the
desert region of California. ENSR was primarily tasked with satisfying all the air quality
requirements for the merchant power plant, including a PSD permit from EPA Region IX, a local
air permit from the Mojave Desert Air Quality Management District, and a Final Decision from the
CEC. The permitting requirements included a BACT determination, an air quality impact
assessment using the ISCST3 model, visibility analysis using VISCREEN Level-2 analysis, health
risk assessment of air toxic emissions, and development of a strategy to obtain offsets for the
project. Due to the unavailability of offsets in this region, ENSR was able through an ozone
modeling analysis to obtain agency acceptance of an interpollutant, interbasin offset trade, i.e.,
VOC offsets in the South Coast Air Basin for NO, emissions in the Mojave Desert Air Basin.
ENSR also provided assistance with hazardous materials (ammonia) handling analyses, FAA
stack height and visible plume analysis, biological impacts, and other topics.
Environmental Permitting Assistance for the Proposed Polypropylene Protect and
Watson Cogeneration Fifth Train
Arco Products Company, California
• ARCO Products Company requested assistance in preparing an EIR, air
permitting, and obtaining approvals through the CEC for its proposed
May 2001
5-1
n
/NTERA'4TlOM1•<G
polypropylene plant at Carson Refinery. ARCO also sought to add a fifth 45-MW
train to the existing cogeneration facility. ENSR:
• Evaluated the potential environmental impacts of the fifth train, both directly and
cumulatively with the other four trains and with the development of the
polypropylene plant.
• Analyzed impacts to air quality, water supply and quality, transportation, visual
resources, hazardous materials, and risk of upset.
• Performed a health risk assessment to meet the air toxics modeling requirement of
the air district, including development of complete air quality modeling inventories
of all sources at the proposed facilities and iterative modeling using the ISCST3
and AB2588 models to minimize modeled offsite cancer and non -cancer health
risk.
• Prepared an amendment to the permit to operate for the cogeneration facility and
presented the amendment to the CEC.
• Negotiated permit conditions with the CEC, and incorporated the final amendment
into the EIR for certification.
ENSR's close interaction with ARCO, CEC, and the air district ensured that documents were
produced on schedule and enabled ARCO to minimize or avoid mitigation costs.
Air Quality Modeling, Otay Mesa Generating Project
PG&E Generating, California
ENSR conducted complex terrain air quality modeling for a new merchant power plant using the
new AERMOD complex terrain mode. EPA intends to replace ISCST3 with AERMOD as the
preferred model for complex terrain modeling. This application involved one of the first uses of
AERMOD in a regulatory setting prior to its official designation by EPA as a "Guideline" model.
ENSR coordinated extensively with the regulatory agency on the modeling protocol. After iterative
revision of the modeling and modeling protocol, in coordination with the local air district, ENSR
was able to successfully demonstrate that the project impacts in complex terrain were less than
the regulatory significant impact level for all pollutants.
Environmental Impact Report for Modifications to Power Generating Stations
South Coast Air Quality Management District/Los Angeles Dept of Water and Power, California
Under contract to the SCAQMD, ENSR prepared a Draft EIR for modifications to three LADWP
power stations. New peaking capacity with SCR control was added to two of the sites and an
SCR system was added to one other. Major issue areas for the Draft EIR included air quality
impacts and hazards related to ammonia use in the SCR systems. The Draft EIR was prepared
under an extremely expedited schedule and the circulation period ended January 4, 2001.
5-2
May 2001
M
Under a separate contract, ENSR performed CALPUFF modeling of Class I Areas air quality,
visibility, and acid deposition impacts of the LADWP Harbor Generating Station to support the
PSD permitting effort.
Fatal Flaw Analysis of Potential Generating Capacity Increases
y Newport Generation, California
ENSR assisted a power plant development company to research potential environmental issues
that could hamper expansion of two existing power plants. The analysis focused on air quality,
biology, and land use, including California Coastal Commission Permitting. For air quality, ENSR
researched the availability of Emission Reduction Credits (ERC) for offsets by contacting current
ERC holders to determine their willingness to sell and discussing potential emission reduction
projects to generate ERC with the air district.
Environmental Permitting Assistance for Combined -Cycle Power Plant
Sempra Energy Resources, Nevada
ENSR is assisting this client to permit a new combined -cycle power plant near Las Vegas,
Nevada. For this project, ENSR's tasks include:
• Preparation of a PSD permit application to be submitted to Clark County APCD,
including assessment of visibility impacts at the Grand Canyon using CALPUFF.
• Assessment of potential impacts to biological resources.
Determination of risk management requirements and 'hazardous materials
licensing.
I" May2001
5-3
i
EXHIBIT
ULM Commercial Terms
ENSR Corporation
Time and Materials Agreement
Effective April 1, 1999
_-P _ 0 F -_----C-EE S -^EfiSRCordtiorrreferredio-herein es=�fJBR=wili�er#orrrrtHe-services-deseriixef-irr*�e�irrtHe-
ar3seRee-ef a oeesal asdefiaedaa wFitingar ai�proved6y F.A1S6isu�d C,licnt,-ccfared-tapereir�as-"Sewises=u� accordaace-with We
-ioNewir�-'-Eethatefaa♦-TeFtaas"-�F�eseservises�f�aiibe per#orraadt�ara-a-T.irneac�dAAatecials-t�asis.
BILLING RATES
STAFF - Charges for all professional, technical and administrative personnel directly charging time to the project will be calculated and
billed on the basis of the following staff category hourly 'Billing Rates'. Billing Rates are in U.S. dollars, net of all applicable taxes,
duties, fees and related charges, and include fringe benefits, burden and fee.
Staff Category Rate/Hour Staff Category Rate/Hour Staff.Category Rate/Hour
P4
$54.00
P9
$100.00 P13 $135.00
P5
$63.00
P10
$112.00 P15 $150.00
P7
$76.00
P11
$121.00 CS $150.00
P8
$85.00
P12
$130.00
All staff personnel have been classified in the above staff categories based on discipline skills, education and experience level.
All travel, to a maximum of eight hours per day, will be charged at the Billing Rates. Billing Rates are based on a forty -hour work week.
Overtime hours for exempt employees (non -hourly) will be charged at the standard Billing Rates. Overtime hours of non-exempt
(hourly -non -supervisory) employees are charged at 1309% of the Billing Rates.
---1+9-�eeverit-that-E�Sfl's ereeleyeeg ere�e3fed-ljy�lienEer�omryel4e�bp�subpeentcrotherwise�anY
OTHER DIRECT COSTS - `Other Direct Costs' are all costs and expenses incurred by ENSR directly attributable to the performance of
Services together with a twenty percent (209k) fee. Other Direct Costs include subcontracts, matedais, shipping charges, special fees,
permits, special Insurance and licenses, outside computer time, and miscellaneous costs. Travel and travel -related expenses and
equipment All other Intepmaral expenses ( production, telephone, facsimile etc.)�be charged asba percentage labor cost, or as gquuomted �/�) fee.
-expe, ms, h icludirig-tirtlaiys`few to id expul t lm,-neC`essfm=Zr,e�s-o�
ESTIMATES OF COSTS AND SCHEDULES - ENGR'9-e9tirn6te&-0I-eeG1G er�d'sokedtitee are "GlierWe"rddget"evid"Pl
enniiini-
-assistwx -ar .. -eostand-sehedale estimates -are Heaped orr-EW6R's adgr►re f-reeuirerner�ts-kr+evrrt e�-tHe ►e
-prop rm% be-inflclerx:edfadorablq oradversely-b.rfi_Mt needs-er�e#+er�nees-ENSR-wgFendeavorttrperfo m#m -
-seMees-erieeoer okh e-jestiv . ' ed-rosts�wdcch*dulerW4n-ao-overt -
-es-&ivA te-emeeed-or: red -prise- In the event ENSR is required to exceed its original estimate for any reason, the Client may wish to
(1) redefine the scope of Services in order to acoomprish Clients budget objectives, or (2) terminate Services at a specific expenditure
level. if option (2) is chosen, ENSR will turn over all inforrnadon to the extent completed at the authorized level vNiout further obligation
-orbbillity to either party except payment for Services performed. Notwithstanding any other terms to the contrary, ENSR-sHatl-be may be
entitled to a change order for additional compensation or additional time to perform its work, in the event that work outside the Services
Is requested or required to be performed by ENSR, or in the event that the assumptions rmdedying ENSR's proposal prove to be
different from the fads actu* erwoix tared by ENSR during the performance of the Services.
--1OREEMENfTime the�ttadted�t 102'(7197)'0dPBT11Wa W
ENM. General Conditions
ENSR Corporation
._,J.. CA CESS. Client grants or shall obtain for ENSR Corporation ("ENSR") and its subcontractors authority to enter the
property upon which ENSR's Services are to be performed ("Site"), at Client's expense.
2. CLIENT INFORMATION. Client understands that ENSR is relying upon the completeness and accuracy of information
supplied to it by Client and others in connection with the Services without independent verification. Client agrees to
advise ENSR of the existence of any hazardous substances, wastes or conditions affecting the Site or the Services to be
performed hereunder.
3. STANDARD OF SERVICES AND WARRANTY. ENSR agrees to perform its Services in accordance with generally
accepted engineering and construction standards, and scientific practices in effect and utilized by environmental firms in.
the United States at the time the Services are rendered. The Services may involve the use of tests, calculations, analysis
and procedures which are in a state of change and refinement. Client recognizes that projects involving hazardous waste
sites may not perform as anticipated even though the Services are performed in accordance with the required level of
care. Given the difficulty in predicting the environmental condition of a site basedupon limited sampling and investigative
activity, Client recognizes that any statements, opinions and conclusions contained in reports and other documents
prepared and/or issued by. ENSR are only meant to give approxim4t?:)ns of the environmental condition of the Site limited
to the particular.contaminant(s) and/or environmental issues actually targeted by ENSR's investigation and the portions of
the Site actually. investigated, sampled or tested by ENSR. ENSR shall, for the protection of Client, request from all
vendors and subcontractors from which ENSR procures equipment, materials or services, guarantees which will be made
available to Client to the full extent of the terms thereof. ENSR's responsibility with respect to such equipment, services
and materials shall be limited to the assignment of such guarantees and rendering assistance to Client in enforcing the
same. Subject to Section 13, ENSR warrants that, if any of its completed Services fail to conform to the above standard,
ENSR will, at its expense and provided ENSR is notified of such defective Services within one year of the completion of
the Services, either perform corrective Services of the type originally performed as may be required to correct such
defective Services or refund to Client the amount paid to ENSR for the defective Services. Except as provided in this
Section, ENSR makes no other warranty, express or implied, and shall have no other liability to Client for defective
rvices, whether caused by error, omission, negligence or otherwise.
CONFIDENTIALITY. "Confidential Information" means all technical, economic, financial, pricing, marketing r
rmation that has not been published and/or is not otherwise available to members of the public and inclu out
li on, trade secrets, proprietary information, customer lists, scientific, technical and business stu ' nalyses,
proc methods, procedures, policies and information. In the event that either party disci Confidential
Inform the other party in connection with this contract (excluding. ENSR's Work Product that ' rvered to Client
or others he der), the party receiving such Confidential Information agrees to hold as confide d to not disclose
to others the ential information for a period of ten (10) years from the date of disclosur ese restrictions shall
not apply to into that C) the parties had in their possession prior to disclosure; (ii omes public knowledge
through no fault of th wing party, (ill) the receiving party lawfully acquires from a not under an obligation
of confidentiality to the sing party; (iv)'is independently developed by the rece party; or (y) is required to be
disclosed by law or court o Bent agrees that ENSR may use and publish C i ame and a general description of
the Services provided to Client ribing ENSR's experience and qualifificatio other clients and potential clients.
x'
notes, test data and other information prepared
��:�tAfORK1PRODTCT�'Work Prod sists of all reports,
by ENSR for delivery to Client. Clientsh Ve the right to make a copies and use all Work Product; provided,
however, such use shall be limited to the ar Site and prof ich the Work Product is provided. Client may
release the Work Product to third parties at its risk and di ; provided, however, ENSR shall not be Gable for
any claims or damages resulting from or connect th su ease or any third party's use of the Work Product, and
Client shall indemnify, defend gird hold NSR harmle y and all such claims or damages.
6. INSURANCE. ENSR shall iritain Workers' n and Employers Li insurance in-accor with
requirements of the, state i ich the Services ing pe , Co
me eneral Liability ins with a limit
Of $1,000,000 per Deco e. and in the aggr for bodily itij d y damage, Automobi ability insurance
including owned an fired vehicles with of $1,000,000 per nd irr the aggre a for bodily injury and
property damage d Professional Lf errors and omissio in ce with a limit 1,000,000 per occurrence
and in the aggr gate. &,
�.. r K•
7'N01=11ANITYYNS shall indemnify, defend and hold harm) lent, its officers, directors, agen
employees and affiliated nt ts
companies against claims, demands and caus action of third parties (including
attorneys fees Tense) for personal injury, disease or death, and dam f property arising during the
performance Se the extent caused by the negligence or willful misconduct SR. ENSR's aggregate
liability under Indemnity shalt not exceed the recoveries under the types and lim insurance set forth in
Section 6 of this and Client agrees to release, defend and indemnify ENSR from and all further liability
under the mnify arising from such Services.
o 'standing arty other provisions of the Agreement to the contrary, ENSR s entitled to
SR's
additi competu^aition for work in the event that ENSR experiences any increases In costsdue to change
work from that Included In ENSR's original proposal or for additional work requested by client or the
r or method of pedormance of work or flue to dtanges in schedule or circumstances not solely caused by
R Continire0
General Conditions
ba9iS-IR-9880ida1�i2-wi�i-&�161a�:61fr6#3t�Fd�01�'li�r6k'i t6S.
9. REMEDIES ..Neither party, nor their parent, affiliated or subsidiary companies, nor the officers, directors, agents,
employees or contractors of any of the foregoing, shall be liable to the other in any action or claim for incidental, indirect,
special, collateral, consequential, exemplary or punitive damages arising out of or related to the Services, including
without limitation, loss of profits, loss of opportunity, loss of production, or loss of use. Any protection or limitation
against liability for any losses or damages afforded any individual or entity by these General. Conditions shall apply
whether the action in which recovery of damages is sought is based upon contract, tort (including, to the greatest extent
permitted by law, the sole, concurrent or other negligence, whether active or passive,, and strict liability of any protected
individual or entity), statute or otherwise. To the extent permitted by law, any statutory remedies inconsistent with these
terms are waived.
10. ENVIRONMENTAL CONDITIONS. Client shall provide (or cause the Site owner to provide) ENSR with the identity
and location of all subsurface facilities and obstructions on the Site. Client agrees to waive any claims against ENSR
and to indemnify, defend and hold ENSR harmless from any claims, demands or causes of action for damages to
subsurface facilities or obstructions that are not accurately identified or located by Client or others. Client assumes
responsibility for air, subsurface and/or ground pollution and environmental impairment from toxic substances or
hazardous mate, ials existing at the Site and shall indemnify and defend ENSR from any claims, demands and causes of
action of third parties related thereto, except where such claims, demands and causes of action are caused by the sole
negligence or willful misconduct of ENSR; it being the intention of the Client to assume any liability alleged to have
resulted from ENSR's joint or concurrent negligence.
�ee}mrip�ee�
evicted-ia-SeEtie+��e#-tiais�cora avid{o-thg4jmateet-extent-allewad-by-
13. UMiTATIONS OF LIABILITY. Exeepl-ae-pr
4aw; Client agrees that ENSR's aggregate liability to Client and others for any and all injuries, claims, demands, losses,
expenses or damages, of whatever kind or character, arising he ttal amount of cout of or in any omway pensation recrelated to eived Agreementby ENSR here nder.
ervices
or the Site, shall be limited to
The parties agree that in any dispute over the terms of this Agreement or any issue arising under this Agreement, they
will make a good faith effort to resolve the matter without litigation. Such efforts shall include, but not be Limited to, a
meeting(s) attended by each party's representative(s) empowered tor' resoconslve
a �e ute. The a of alternate aarties grees of dispute
ree that before
either party commences an action against the other party, they
resolution, including mediation (or arbitration H both parties agree to arbitrate the dispute). Pending the outcome of such
dispute resolution, both parties shall take immediate steps to mitigate any damages. Until such time as the dispute is
resolved, ENSR reserves the right to suspend Its Services hereunder and shall so timely notify Company.
14 AWNERSI.ITP OF WASTE. APre-Existing Waste' is any hazardous or non -hazardous wastes, substances or
in
materials existing on the Site prior to the date that the Services are initiated. Upon request, ENSR shall assist Client le
the proper handling, storage, transportation and/or disposal of the Pre -Existing Waste in accordance with all app
federal, state -and local laws and regulations. Client shall provide appropriate disposal identification numbers, select the
disposal site(s) and sign all required manifests, disposal contracts and other documentation necessary to allow ENSt
complete the Services in a timely manner. Client agrees to look solely to the disposal facility and/or transportation
concern for any -damages arising from improper transportation or disposal of the Pre -Existing Waste. In no event shall
ENSR take title to or be liable for disposal or remediation costs associated with Pre -Existing Wastes.
NTIRE AGREEMENT. The terms of this Agreement shall be deemed accepted by Clie bound by
E tion of Services at the verbal or written direction of Client or (2) Client's arver, modification or
these reement constitutes the entire understanding between It razed representative of ENSR.
amendment o shall be effective only t# in writing and set rchase orders, work orders, invoices,
ENSR hereby obl contained in any prior or
acknowledgement forms, man for propos cumermts received from the Client that would
Conditions in whole or in part. If any portion of this
otherwise have the effect of modifying n shall continue in fun force and effect. Nothing herein
contract is held invalid or unenforceable, an other than Client or ENSR. There
shall be construed to any rights in this and an such assi nrent shalt be null
,�45 or obli t a
and word. Either reason shall not a fze the respective rights,
Termination of this r the Services for any ormance of this
of �abalty contained herein. The office that
A� �� sactions relating thereto shall be governed by
located
►Ar+ed-�°�k l:
EXHIBIT
C
1 EXHIBIT C
2 INSURANCE SCHEDULE (CONSULTANT)
3 Consultant shall provide proof of insurance, including a standard certificate of insurance, in at least the
4 following amounts and coverage (combined single limit permitted):
.5 I. Coverage and Limits
Bodily Injury Property Damage
6 Hazards Each Person Each Accident Each Accident
7 Automobile Liability
8 Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 $ 500,000
9 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Workers' Compensation $ Statutory
10 Employers' Liability $1,000,000 per employer
11
II. General and Professional Liability
12
General Liability $1,000,000 $2,000,000 $1,000,000
13 Independent Contractors $1,000,000 $2,000,000 $1,000,000
14 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000
Contract Liability $1,000,000 $2,000,000 $1,000,000
15 Professional Liability $2,000,000 $2,000,000 $2,000,000
16 a. The general liability policy shall contain the following special endorsements which shall be noted on or
attached to the standard certificate of insurance:
17
18 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds
under the policy.
19 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
20 3. An endorsement providing coverage for all operations under this Agreement.
21 4. Such other endorsement as may be required by addendum hereto.
22 b. In addition to the standard certificate of insurance, proof of general and professional liability coverage
shall be furnished in the form checked below. Certification of the following proofs by the insurance
23 agent or broker will not be accepted:
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
the signator is an officer authorized to so certify.
26
A copy of each policy certified by an officer of the underwriter or carrier and notarized.
27
28
EXHIBIT C
SUPPORTING
DOCUMENTS
4 1
z
+S
1 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
2
3 THIS AGREEMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered and used
4 0l.
the original hereof for all purposes, as of this6 day of May,
5 as
2001, in the City of Vernon, County of Los Angeles, California
6
BY AND BETWEEN THE CITY OF VERNON
7 (hereinafter referred to as
the "City")
8 4305 Santa Fe Avenue
Vernon, CA 90058
9
ENSR CORPORATION
10 AND (hereinafter referred to as
"Consultant")
11 1220 Avenida Acaso
Camarillo, CA 93012-8738
12
RECITALS
13
14 WHEREAS, the City is interested in the development of a
15 Combined Cycle Power Plant (the "Project") for purposes of installing
16 additional generating capacity that is capable of yielding cost �I
17 effective, efficient and reliable electricity to meet its goals, while
18 meeting Federal, State and local environmental and siting
19 requirements; and
20 WHEREAS, the City is proposing to build the Project in two
21 phases with the first phase consisting of the installation and
22 operation of two simple cycle combustion turbine units and the second
phase consisting of the simple cycle combustion turbine units being
23
24 modified to combined cycle units; and
WHEREAS, the City desires the Project to be considered under
25
the California Energy Commission's "fast -track" four -month permitting
26
process in accordance with Section 25552 of the California Public
27
�J Resources Code; and
28
1 WHEREAS, the city requires the services of a consultant for
2
environmental permitting and related California Energy Commission
3 siting assistance initially for the addition of two simple -cycle
4 turbines at the Project and then later the addition of a steam
5 turbine; and
WHEREAS, Consultant submitted a proposal to the City dated
6
71 May 2001 (the "Proposal") that includes a description of proposed'
8 services and a cost estimate for the completion of the Application for.
9 Certification ("AFC") phase of the California Energy Commission
10
permitting process with additional cost estimates to be provided as
11 needed for additional steps of the permitting process; and
12 WHEREAS, Consultant represents that it is qualified to
13 perform such services and is willing to render such professional
14 services as hereinafter defined; and
15 WHEREAS, the City desires to engage the services of
16 Consultant for environmental permitting and related California Energy
17 Commission siting assistance.
181 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
19 FORTH HEREIN:
1. SCOPE OF SERVICES.
20
21
Consultant shall perform the services outlined in Section
22
2.0 "Scope of Work" of the Proposal, a copy of which is attached
23 hereto as Exhibit "A" and incorporated herein by reference.
2. PROGRESS REPORTS
24
25 Consultant shall provide written progress reports, as
26 requested by the City, in order to advise the City, as quickly as
27 possible, of significant milestones or conclusions that will assist
the City in making progress toward the completion of the permitting
28
- 2 -
1
2
3
15
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2E
2E
27
21
process of the Project. Consultant shall also meet with City staff,
upon City's request, or as needed, in order to provide reports or
information concerning the services being performed by Consultant
under this Agreement.
3. TIME OF PERFORMANCE.
Consultant's services shall commence upon complete execution
of the Agreement and shall continue until the services to be provided
in the Scope of Work is completed, unless the Agreement is terminated.
4. COMPENSATION.
A. Consulting Costs. The City will compensate
Consultant for environmental permitting and related California Energy
Commission siting assistance pursuant to Consultant's cost estimate
contained in Section 3.2 of the Proposal and consistent with the
"Billing Rates" section of the Commercial Terms and General
Conditions, Time and Materials Agreement, which is attached hereto as
Exhibit "B" and incorporated herein by reference. The total amount to
be paid to Consultant under this Agreement shall not exceed a total of
Two Hundred Seventy -Four Thousand Eight Hundred Sixty -Two Dollars and
No Cents ($274,862.00).
B. Other Expenses. Other expenses not identified
in the Proposal, such as those specified in the "Other Direct Costs"
section of Exhibit "B," may only be billed if advance written approval
has been obtained from the City Administrator.
5. METHOD OF PAYMENT.
Consultant 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, directly related job expenses and
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subcontract charges incurred by Consultant and for which compensation
is due. Consultant shall be responsible for paying any subcontractors
used in the performance of this Agreement. Subcontractors shall not
bill the City directly.
Payment of the invoice shall be made after acceptance and
approval by the City within thirty (30) days*of receipt. The City's
approval of the invoice shall not be unreasonably withheld.
27
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6. CHANGES AND EXTRA SERVICES.
The City reserves the right to request changes in the
services to be performed by Consultant. All such changes shall be
incorporated in written change orders executed by the City and
Consultant which shall specify the changes ordered and the adjustment
of compensation and completion time required thereof.
Any services added to the scope of this Agreement by a change
order shall be executed under all applicable conditions of this
Agreement. No claim for additional compensation or extension of time
shall be recognized unless contained in a duly executed change order.
7. PRODUCTS Or-rowsULTING.
All documents, data, databases, studies, surveys, drawings,
maps, models, photographs and reports prepared by Consultant under
this Agreement shall be considered the property of the City. Such
documents and materials shall be delivered to the City by Consultant
as they are generated; however, Consultant may take and retain copies
of such documents and materials as desired.
be terminated by the
8. Termination. This Agreement may
City without cause on ten (10) days written notice to Consultant. In
the event of such termination by the City, Consultant shall be
entitled to only the compensation earned by it prior to the date of
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1 the termination notice, plus compensation for necessary work performed
2 during the ten (10) day notice period and authorized in the
3 termination notice.
4 9. NOTICES. Notices to the parties, unless otherwise
5 requested in writing, shall be sent to:
6 City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
7 CITY ADMINISTRATOR
4305 SANTA FE AVENUE
8 VERNON, CA 90058-0805
9 Consultant: ENSR CORPORATION
ATTN:.RICHARD A. SIMON, VICE PRESIDENT
10 1220 AVENIDA ACASO
CAMARILLO, CA 93012-8738
11
12 10. CONFIDENTIAL INFORMATION.
13 A. Access to Confidential Information. The City may
1.4 provide Consultant with, or allow Consultant access to, certain
15 information not available to the public concerning the City, or
16 businesses located in the City. The information may include company
17 information, taxes, sales, value of assets, or other such information.
18 All such information shall be known as "Confidential Information."
19 B. No Disclosure. Except as expressly permitted,
20 Consultant shall not disclose, permit the disclosure of, release,
21 disseminate, or transfer, whether orally or by any other means, any
22 part of such Confidential Information to any other person or entity,
23 whether corporate, governmental, or individual, without the express
24 prior written consent of an authorized representative of the City.
251 Consultant shall return any written Confidential Information and all
26 copies made of such items to the City upon the city's written request,
271 but in any event not later than the date that Consultant has performed
28 all services to be performed pursuant to this Agreement. Consultant
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hereby agrees that such Confidential Information and any documents
provided may be used by Consultant only as authorized by the City.
Consultant shall take reasonable measures to avoid any disclosure of
any such Confidential Information to any unauthorized person.
C. Court Ordered Disclosure. Consultant shall
immediately notify the City 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.
Recipient 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.
D. Remedies. In addition.to any other remedies that
it may have at law or in equity, the City 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. Consultant
acknowledges that in case of such breach or threatened breach of said
provisions, the City would have no adequate remedy at law.
11. GENERAL PROVISIONS.
A. Independent Contractor. At all times during the
term of this Agreement, Consultant shall be an independent contractor
and shall not be an employee of the City. The City shall have the
right to control Consultant only insofar as the results of
Consultant's services rendered pursuant to this Agreement; however,
the City shall not have the right to control the means by which
Consultant accomplishes services rendered pursuant to the Agreement
except to the extent that such services involve the use of City
property or Confidential Information.
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1 B. Consultant Not Agent. Except as the City may
2 specify in writing, Consultant shall have no authority, express or
3 implied, to act on behalf of the City in any capacity whatsoever as an
4 agent. Consultant shall have no authority,.expressed or implied,
5 pursuant to this Agreement to bind the City to any obligation
6 whatsoever.
C. Indemnification. Consultant shall indemnify,
7
g defend, protect and hold the City and its officers, agents and
9 employees, free and harmless from and against any and all claims,
10 demands, losses, damages, liabilities, fines, charges, penalties,
11 orders, judgments and all costs and expenses incurred in connection
12 therewith, including reasonable attorney's fees and costs of defense
13 arising out of the negligent services performed under this Agreement,
14 except to the extent arising from or caused by the negligence or
15 willful misconduct of the City, its officers, agents or employees.
D. Insurance. Prior to commencing work hereunder,
16
171 Consultant shall provide the City with proof of insurance providing
18 and es and endorsements set forth in the ;I
maintaining the coverages
19
Insurance Schedule attached hereto as Exhibit "C" and made a part
20 hereof by reference. Said proof of insurance shall also provide that
21 said policy or policies shall not be canceled or materially reduced in
22 coverage without giving at least thirty (30) days prior written notice
23 to the City. Consultant shall not permit a subcontractor or vendor to
24 perform work on City premises unless and until a certificate of
25 insurance is obtained showing that such subcontractor or vendor has
261 worker's compensation coverage.
27 if Consultant employs subcontractors as part of the
28 services rendered, Consultant's protective coverage is required.
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1 Consultant may include all subcontractors as insureds under its own
2 policy or shall furnish separate insurance for each subcontractor,
3 meeting the requirements set forth herein.
4
E. Governing Law. The validity, interpretation and
5 performance of this Agreement shall be controlled and construed under
6 the laws of the State of California.
F. Assignment and Subcontracting Prohibited. No
8 party to this Agreement may assign or subcontract any right or
9 obligation pursuant to this Agreement except with the express written
10 consent of the other party. Any other attempted or purported
11 assignment of any right or obligation pursuant to this Agreement shall'
12 be void and of no effect.
131 G. Amendments. This Agreement may be modified or,
14 amended only by a written document executed by both Consultant and the
15 City and approved as to form by the City Attorney.
16 H. Entire Agreement. This Agreement is the entire
17 agreement of the parties. Consultant represents that in entering into
18 this Agreement, it has not relied on any previous representations or
19 understandings of any kind or nature. It is understood and agreed
20 that in the event of a conflict between the Proposal, the Commercial
21 Terms and General Provisions (specifically, Billing Rates, Other
22 Direct Costs, Estimates of Costs and Schedules, Access, Client
231 Information, Standard of Services and Warranty, Remedies,
24 Environmental Conditions, Limitations of Liability, Ownership of
25 Waste) and this Agreement, the terms of this Agreement shall prevail.
26 It is further understood that following sections in the Commercial
27 Terms and General Provisions have been stricken and are not in force
28 and effect: Scope of Services, Litigation Support, Retainer,
1 Invoicing and Payment, Agreement, Confidentiality, Work Product,
2 Insurance, Indemnity by ENSR, Changes, Independent Contractor, Force
3 Majeure and Entire Agreement.
4 I. Benefit of Agreement. This Agreement shall bind
5 and benefit the parties hereto and their heirs, successors, and
6 permitted assigns.
7 J. Forum Selection. Any action brought relating to
8 this Agreement shall be brought and held exclusively in a State Court
g in the County of Los Angeles, California.
10 K. Recitals. All recitals are incorporated by
11 reference.
12 L. Waiver. Any waiver at any time by either party
13 of its rights with respect to a default under this Agreement, or with
14 respect to any other matters arising in connection with this
151 Agreement, shall not be deemed a waiver with respect to subsequent
161 default or other matter.
17 M. Force Aieure. Neither Party shall be considered
18 in to be in default in any of its obligations under this Contract when
19a failure of performance shall be due to an uncontrollable force. The
20 term "uncontrollable force" shall mean any cause beyond the control of
211 the party affected, including, but not restricted to, flood,
22 earthquake, storm, fire, lightening, epidemic, war, riot, civil
23 disturbance or disobedience, labor dispute, labor material shortage,
24 sabotage, federal, state, or municipal action, statute, ordinance,. or
25 regulation, embargoes of the United States Government or any other
26 government, which by exercise of due diligence such party could not
27 reasonably have been expected to avoid and by exercise of due
28 diligence has been unable to overcome. Either party rendered unable
1 to fulfill any of its obligations under this Agreement by reason of an
2 uncontrollable force, shall give written notice within five (5)
31 Business Days of such fact to the other party and shall exercise due
4 diligence to remove such inability with all reasonable dispatch.
5 IN WITNESS WHEREOF, the parties have caused this Agreement to
6 be executed by and through their authorized -officers on the date,
7 month and year first written above.
8
CITY OF VERNON
9 .
10 By: z�.
EONIS C. MALB G, Mayo
11
12
ATTEST:
i✓��_' /
13 gRUCE V. MALKENHORST, City Clerk
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15 APPROV AS TO FORM:
16`°`^
EDUARDO OLIVO, City Attorney
17 ENSR CORPORATI N
18 By:
19 s.Eeveh
Title: P�, a
20
By: '
21 1 1-C apt (w,
Title:
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City of Vernon Power Plant
Proposal for Environmental Permitting Assistance
May 2001
Submitted to
City of Vernon.
Vernon, California
Prepared by
ENSR International
1220 Avenida Acaso
Camarillo, California 93012
1.0 INTRODUCTION
ENSR is pleased to present this proposal to the City of Vernon to provide environmental
permitting and related California Energy Commission (CEC) siting assistance initially to add a
peaking power plant, consisting of two General Electric LM6000 natural-gas fired simple -cycle
turbines, and then to be followed with the addition of a steam turbine. ENSR understands that the
City of Vernon wants the CEC Application for Certification (AFC) to be considered under the
CEC's "fast -track" four -month permitting process. Therefore, this proposal limited to the two
simple -cycle peaking turbines, since the combined -cycle portion of the project will permitted at a
later date through the CEC amendment process.
ENSR is extremely well -qualified to provide this assistance. We are currently providing CEC
permitting support to several clients, and provided support for the
Hi h Desert Project, r r ojwas
which was approved by the CEC in. March 2000 and the Mountainview
approved M March 2001. ENSR's core team, which is located in Southern California, has worked
together for several years.
ENSR assumes that the project will satisfy the requirements for consideration for the four-month
permitting process specified in Section 25552 of the California Public Resource Code
which include:
1. Not being a major stationary source or a modification to a major stationary source, as
defined by the federal Clean Air Act
2. Not having a significant adverse effect on the environment as a result of construction
or operation
3. The applicant has a contract with a general contractor and has contracted for an
adequate supplyof skilled labor to construct, operate and maintain the power plant.
It is our understanding the project will be constructed within the existing City of Vernon power
plant site and no new land will be required. At this time we assume the project would not require
construction of a transmission line, while the project would require construction of a new natural
gas pipeline approximately one block long We assume the permitting work for the facility will
Include the pipeline.�re rso`"ssuming'that' cooling water will not be required for the peaking
jecloibeincluded in the four -month review and that water supply will, therefore, not be an
Issue.
We have assumed that the City of Vernon or its engineering contractor will provide the project
'
description and engineering assessment for the project. ENSR will coordinate the preparation of
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the AFC and other required environmental permit applications. Subcontractors will be used for
some of the environmental topics. The team roles and assumed level of effort are discussed in
the following section. The estimated schedule and costs for this work follow in Section 3. Project
team qualifications and relevant experience are presented in Sections 4 and 5, respectively.
Resumes of key staff members are included in Attachment A.
May 2001
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2.0 SCOPE OF WORK
This section describes the work ENSR proposes to conduct for the City of Vernon, including the
necessary steps to complete an AFC and propel the project into the CEC permitting process. The
cost estimate presented herein is only for services throughAFC
hens step after'AFCdifficult
submittal) predict
or
the level of effort required for the Data Adequacy cost estimates for these services will be
succeeding phases of the CEC proce
provided as needed.
rk and is included in
ENSR's project management is integral to performance °anaeement' workcal oncludes coord nation
a the cost estimate portion of the proposal. The protect m g
between the City, ENSR and other City of Vernon contractors, ssuranceattra king schedule gement of the Nand
subcontractors, preparing progress reports, providing quality
costs, and managing the production of the documents and related requirements.
anato a final
The AFC process entails a series of information gathering an asks tyicafor compl phases letion of the
decision to approve/certify or deny a proposed project. The proposed
AFC document are discussed below.
2.1 Pre -filing Assessments
nd
Preparation of the AFC will involve pre -filing meetings, both with the CEC and si'�ee ENSR
p
the City. The purpose of the pre -filing meetings is to discuss the project, the g process,
as
requirements, and potential issues. Although pre -filing is informal
htoshave pre fand is oli g mrequeetings
part of the permitting process, the CEC strongly encourages applicants
to identify issues specific to their particular project early in the process.
ENSR assumes that we will meet first with the City of Vernon to discuss eethett'ro'ec atoghe , and
CEC
then meet with the CEC. The meeting. with the CEC will be to mtroduc p J
ments and concerns. At this early stage, ENSR will
staff and determine specific data require
provide a list to the City of Vernon of the information necessary to complete the AFC.
2.2 AFC Preparation and Submittal
The AFC will include the information detailed in Appendix B of the CEC's Power Plant Siting
and the
Regulations (Title 20, California Code of Regulations, Aug2000
2 552 of the additionalinformation
Public
for the four -month permitting processes detailed n Se
Resources Code (CPRC]). The following subsections describe how ENSR proposes to collect
and present the required data and analysis for the AFC. It also outlines the assumed
May 2001
2-1
responsibilities of ENSR and the City of Vernon in supplying or preparing the bulk of each
topictsection. For purposes of this discussion, we have broken them into four main topic areas.
2.2.1 Project Description and Overview
ENSR assumes the City of Vernon will be responsible for providing most of the information
required in these sections. The various components of the Project Description are described
below.
2.2.1.1 Executive Summary
The project. overview, schedule, and ownership all will be included in this section. The City of
Vernon will provide a summary of the key project components and objectives. ENSR will
condense the most important points of the environmental analyses in the AFC into the Executive
Summary. ENSR will complete the Executive Summary after compiling the rest of the AFC.
2.2.1.2 Project Description
As indicated above, ENSR assumes the City of Vernon will have a significant role in preparation
of the Project Description (i.e., the detailed description of the design, construction, and operation
of the facility and offsite improvements). ENSR will prepare maps of the general area of the site
based on a scale plan of the site. ENSR's primary responsibility will be to integrate and
incorporate the City of Vernon's Project Description into the overall AFC, to ensure that the
presentation of material is consistent and flows properly.
2.2.1.3 Project Need Conformance
While this discussion is expected to be minimal, we assume that the City of Vernon will provide
the technical information for the preparation of this section.
2.2.1.4 Project Alternatives
The AFC must contain a discussion of Alternatives to the project including the no project
alternative. The section must also discuss alternatives to the project, if any would reduce or
minimize environmental impacts. offsite alternatives, alternative project sizes, and alternative
fuels and technologies will require discussion, as well as the "no project' alternative.As with the
Project Description, we assume that the City of Vernon will provide information for this section and
ENSR will integrate and incorporate the material into the overall document and perform the
associated environmental assessment.
May 2001
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In order to be as cost-effective as possible, we assume that the alternatives will be clearly defined
early in the AFC process, so that we can assess the impacts of project alternatives concurrently
with assessment of impacts from the proposed project.
2.2.1.5 Project Closure
it is assumed the City of Vernon will provide a short description of measures to be taken in the
event of either temporary or permanent closure of the project once built.
2.2.2 Engineering Assessment
The engineering assessment must include discussion of the following topics:
Facility Design
• Power Plant Reliability
• . Power Plant Efficiency
3 Transmission System Engineering
Transmission Line Safety and Nuisance
We assume the City of Vernon will provide these sections and ENSR will integrate them into the
AFC.
2.2.3 Compliance with Laws, Ordinances, Regulations, and Standards
ENSR will assemble a list of required environmental permits as well as a listing of applicable laws,
ordinances, regulations, and standards (LORS). A table with the agency contact information will
also be generated. We assume that the City of Vernon will provide the compliance list for project
design, transmission, construction, and operation requirements.
For the four -month permitting process, Section 25552 of the CPRC also requires that the AFC
include "substantial evidence" that the project as proposed in the application will result in
compliance with all applicable federal, state and local laws, ordinances and standards
This information can either be integrated into the specific environmental and design discussions or
as a stand-alone section. if integrated, the AFC will include a table indicating where in the AFC
document the requirements are discussed.
2.2.4 Environmental Information
This section discusses environmental disciplines that will be analyzed in the AFC. In addition, the
section briefly presents the methodologies we anticipate using for the assessment of each issue
May 2001
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area. In order to meet the requirements for an AFC, the specific information to be included in
each issue area is as outlined in Appendix B of the CEC's Power Plant Siting Regulations.
2.2.4.1 General
Environmental information to be provided in the AFC in each issue area includes the following:
A description of the existing environment potentially affected by the project;
Direct and indirect impacts of the project on the identified environment;
Cumulative impacts from the project and related projects; and
• Mitigation measures to reduce or eliminate project impacts.
The description of the existing environment will be pulled from other documents such as local
Environmental Impact Reports to the extent possible.
An initial stop in evaluating cumulative. impacts will be to define known or reasonably foreseeable
and appropriate projects that could produce cumulative impacts. For most issue areas,
cumulative impacts would be from projects within one mile or less; however, ENSR will use CEC
requirements for specific issues, such as six miles for air quality and environmental justice
(discussed under socioeconomics). ENSR will discuss proposed and/or likely projects with the
City of Vernon and with county agencies, including the South Coast Air Quality Management
District (SCAQMD) to identify such projects. Specifically, in order to assess cumulative air quality
impacts, ENSR will identify stationary emission sources within a six -mile radius of the proposed
site that have received construction permits, but are not yet operational, and stationary emission
sources that are currently undergoing SCAQMD permit application review.
Mitigation measures will be included in each issue area. For the most part, mitigation measures
Will be briefly examined in light of their likely effectiveness for reducing impacts.
2.2.4.2 Air Quality
The air quality analysis will be done as a number of subtasks, including emissions calculations
and control technology review, modeling protocol and air quality/public health impact analyses
and a determination of offset requirements. We currently do not anticipate that emissions of any
criteria pollutant will exceed the 250 tons/year-trigger level for Prevention of Significant
Deterioration (PSD) analyses. ENSR will prepare a Determination of Compliance (DOC is
essentially the same as an Authority to Construct permit) application for the SCAQMD and the
AFC sections, including . documentation of analysis methods, air quality impact analyses,
cumulative impact analysis, and description of mitigation measures.
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Emissions Calculations and Control Technology Review
ENSR will
Using information.. and equipment specifications Provided data for the turbines and guarantees
of Vernon,
determine project emissions. It is assumed that performance
for the control equipment selected will be provided. Emissions during startup and shutdown
operations will also need to be determined and presented. .The information needed for the
analysis will be delineated in a data request submitted to the City of Vernon at the outset of the
analysis. This information will be used by ENSR to prepare the engineering descriptions that are
required for the SCAQMD DOC and AFC.
Before emissions calculations are made, ENSR engineers will confirm that the control technology
and resultant emission rates proposed for the projectSCAQMDcombustion
tand CEC turbines
Sare consistent A discussion of vthe
ith
applicable performance standards required by the EPA and SCAQMD's
control requirements which meet Environmental tlon Agency Technology (BACT) and/or Lowest
requirements for a "top down" Best Available Control
Achievabie.Emission Rate (IAER) analysis will be prepared. We have several examples of this
discussion from other recent power plant projects that can be used with only minor tailoring to the
project.
Usingconservative assumptions consistent with expected operation of the facility, ENSR will
calculate maximum short-term (hourly and daily) and annual emissions of criteria pollutants —
oxides of nitrogen (NOO, particulate matter less than or equal 10 microns in diameter (PM,o),
carbon monoxide (CO), sulfur oxides (Soo,
and volatile organic compounds (VOC) — from the
project turbines. Emission factors will be based on manufacturer's performance data and publicly
available source -test data for similar units. PM10 emissions will include condensables.
Emissions of toxic air contaminants (TACs), including ammonia slip emissions
Ws' ocia edbe with
NO, control, will also be quantified for normal turbine operation. The list of TA
Cs those included in SCAQMD Rule 1401. The estimates will be based primarily on TAC emissions
calculated for the existing units, the California Air Toxics Emissions Factors (CATEF) database,
AP-42 for metals, and/or published information for similar sources.
In addition, indirect emissions (e.g., mobile sources) associated with project operationwe do not
quantified. However, based on our similar recent projects with the SCAQMD and CE ,
anticipate a requirement to analyze the impact of diesel exhaust particulate matter from mobile
sources as a carcinogen at this time.
Emissions will also be calculated and presented for construction activities based on information to
be provided by the City. Such information includes construction equipment usage and the amount
of soil -disturbing activities.
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Prior to using the project emissions in subsequent analyses, the emissions will be documented
and submitted to the City of Vernon for review and approval.
Air Quality impact Assessment
As a first step In preparation of the air quality impact assessment, ENSR will prepare a modeling
protocol. Because we have extensive experience with the SCAQMD and CEC, ENSR will be
prepared to submit the modeling protocol within one week of completing emission calculations.
Agreement by all parties on the modeling techniques to be used will be helpful in obtaining
concurrence on the results of the analyses. We would propose to submit the protocol as soon as
possible and then conduct the modeling prior to approval of the protocol. We believe there is only
a small risk in this approach since we would propose techniques known to be acceptable to the
SCAQMD and CEC.
ENSR will determine the air quality impacts of project operation emissions by conducting air
dispersion modeling. For scoping of this proposal, it is assumed that Version 3 of the Industrial
Source Complex -Short Term model (ISCST3) will be applied. This model is EPA and SCAQMD
approved for simple or for complex terrain applications. As defined for modeling purposes, stack
top elevation represents the cut-off between simple and complex terrain.
Stack parameters (proposed stack height, stack internal diameter, exit velocity, and exit
temperature) will be taken from the performance data (provided by the City). Stack coordinates
will be determined from a representative plot plan.
Before dispersion modeling is performed, ENSR will perform a Good Engineering Practice (GEP)
stack height review to determine if the proposed turbine's stack height is consistent with accepted
I GEP guidelines. A stack that is significantly shorter that GEP height will potentially be influenced
by aerodynamic downwash from nearby structures; the ISCST3 model is capable of •accounting
for downwash effects, which generally result in higher concentrations in the areas adjacent to the
site. On the other hand, according to EPA guidelines, no credit can be given in an air quality
Impact'analysis for stack height in excess of the GEP height (unless the stack height is less than
65 meters). Therefore, the optimum stack height from a strictly air quality impact perspective is
usually the GEP stack height. The GEP stack height review will be performed using EPA software
(BPIP) or equivalent. In order to perform this review, ENSR will obtain information from the City
and/or verify information already in-house about the dimensions of the combustion turbine unit
and any structures in the vicinity of the stacks.
Using the maximum emission rates, the air dispersion modeling approach described above, and
an acceptable set of stack parameters, ENSR will determine the incremental ambient
concentrations of NO, PM10, CO, and SO2 associated with project operation. As applicable, short
May 2001
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EN:R.
term 2 hours or less) and annual average concentrations will be determined for
or acts wal aling
ng
conditions. For the temporary, non -routine operating scenarios, only short-term P
of other criteria pollutants (e.g., lead and H2S) will be
determined. It is expected that emissions
small enough that modeling of. these pollutants will not be necessary.
Because we do not anticipate the project to require a PSD analysis, we have not included visibility
.� modeling in our proposed scope of work.
ENSR .will perform modeling of the construction emissions. W e be redo quired uirepd ect that for the oAFC
modeling or an assessment of secondary formation of PM,o will q
Therefore; these analyses are not part of the proposed scope of work.
A cumulative detailed modeling. analysis is also required by the CEC,even
if project
w Ilimpacts be able re
insignificarit. For purposes of this proposal, we have assumed he
readily provide the needed information regarding other projects.
Identification of Emission Offsets Required and Ways to Secure These Offsets
The mitigation task will include a calculation of criteria pollutant emission off of
tsthat are
em sired.
Because some projects have had difficulty demonstrating the availability
sion
reduction credits (ERCs), the CEC requires that a great deal of information on the source of
offsets be R pprovided in the AFC. it is assumed that offsets will be required for project NO,.
CO, PM,o and possibly S02 emissions.
.� SCAQMD Application
Even though the CEC process replaces all other state and local permitting, it is still necessary
ecesed ary to
submit an application to the SCAQMD for their DOC. The DOC that will
be y the
SCAQMD is in all respects the same as a permit to construct (P wuse
Cl ,d hence ny sect ons that are
on
must contain all of the items normally needed for a PTC. EN
prepared for the AFC in the DOC application, but will make it specific to the SCAQMD
requirements.
Additionally, although EPA does not require Title V applications to be submitted until the source
has been in operation for up to one year, SCAQMD has combinedcnhe Title V to CCAQMD ram with their
pre-construction permitting requirements. Therefore, the appa
the Title V requirements for the new unit.
Based on other recently permitted ermitted projects, we assume the source will be exempt from case -by -
case maximum achievable control technology (MACT) standards for gas turbines under Section
May 2001
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112(g) of the Clean Air Act and from the Compliance Assurance Monitoring (CAM) Rule.
Therefore, we have not included preparation of CAM Plans in the scope of work.
CEC AFC Sections
The AFC application serves as the equivalent of a CEQA document,
analysis and ss methodologies, stinclude
discussion
ic ssi t
of the regulatory (LOBS) analysis, documentation of impact y
assessment, mitigation measures, and analysis of alternatives.
For the description of the existing environment, ENSR will discuss regional meteorology and
climatology, as well I as summarize the air quality data ihe generl ocalastate,eand federal air quact area over the aty
three calendar years. ENSR will briefly discuss the applicable
regulations and how each regulation pertains to and affects the proposed project.
Based on the significance criteria established, ENSR will identify potentially
significantl beidentifiedf
project air emissions for both construction and operation. One or more measures
to mitigate the impacts to the extent feasible. The expected effectiveness the effectiveness each
mitigation
a
measure will be estimated. If additional controls are found to be feasible,
assessed by determining the reduction in project emissions. Operational mitigation measures will
primarily consist of the installation of BACT and provision of offsets.
2.2.4.3 Public Health
Although also addressed under air quality, the CEC staff assessments for public health focus on
the health risks from potential TAC emissions due to the project.
Currently, the SCAQMD requires a health risk assessment (HRA) for emissions of TACs from a
new source under Rule 1401. This analysis will utilize the TAC emission rates and the dispersion
modeling techniques developed in the Air Quality Assessment. The CEC uses significance
criteria of one in a million increased cancer risk and a hazard index of 0.5. Predicted impacts will
be compared to these levels, and are expected to be well below them. Expected elements of the
approach are summarized below.
Geographic data will be used to determine the distribution of the potentially exposed population in
the general vicinity of the site (within about 10 kilometers). Sensitive receptors (schools,
hospi
talsrest homes, day-care centers) will be similarly identified.
,
Using the information on population distribution and sensitive receptor locations, ambient
concentrations of TACs will be calculated. This information will serve as input to the Ht h s el
alth nsks n
which will be used to calculate potential acute, chronic, and carcinogenic he
assumed that the ACE2588 model, which was distributed by the California Air Pollution Control
May 2001
2-8
pots
Offices Association (CAPCOA) for use in HRAs required by the operates Air Toxys Hot Sonic
Program, will be used. Because the power plant essentially pates
exposures will not be evaluated.
Risks will be characterized for the general population as well as for sensitive receptors. For the
general population, risks will be determined for residential
a ma worker show ng the three aeceptor
rios as
appropriate for the receptor location. The results will inc P
locations with the highest risks. It is assumed that no significant impacts will be modeled, and
hence isopleth maps will not be presented.
2.2.4.4 Hazardous Materials Handling
ENSR will prepare a list covering the hazardous and/or acutely hazardous materials based on
information provided by the City of Vernon on the materials being store, used defined b d the Cali omaa
Health and Safety Code; California Lab
the subject facility. The list will be composed sCode Hazardous Substance Information and Training
Act; 'title 10 of Federal Code of Regulations (Energy);
Title 49 of the Federal Code of Regulation
(Transportation); the California Department of Industrial Relations
Right
iht to Know Act, Sect, Director's List ion 302r(Title
Substances, • and the Emergency Planning and Community g
40 of the Federal Code of Regulations). ENSR will prepare
mates alse dentif ed byhthe C ty
e known
toxicity of each of the hazardous and/or acutely hazardousndbook
Technical.publications, such as Dan erous Pro erties of Industria�M pe als (Sad in) anddeva g
of Toxic and Hazardous Chemicals and Carcino ens (Sittig),'
detailed discussion, as well as additional federal and state toxicity data.
will are a map that will identify the location(s) of schools, hospitals, day-care facilities,
ENSR prepare P
term health care facilities within the area potentially
emergency response facilities and long -
affected by a release of a hazardous and/or acutely hazardous material.
ENSR will prepare a detailed description of the planned storage and handling systems that will be
used at the subject facility for each hazardous and/or acutely hazardous
could reduce the potential
ENSR will provide recommendations on these areas if designchanges
impacts to insignificant. For instance, providing a sump in the aqueous ammonia transfer location
could significantly reduce the hazards associated with truck unloading.
ENSR will analyze the likelihood a po
tential otential quantity of an accidental release for hazardous
ose
materials stored in greater than threshold quantities. For fhan acc dentaccidents
willthat
be analyzed. th The
n a
remote potential for occurrence, the consequences o
consequence analysis will include a 'modeling analysis of the and estimates ofersion identified
mtax m potential
releases of hazardous material to determine the locations
. ute
May 2001
2-9
exposure levels, and operating and plausible worst -case upset condition's that
tand could
leadworst case
to a
release. We assume the analysis will use the EPA's RMP-Comp
modelmeteorological assumptions.
Based on ENSR's other recent projects, aqueous ammonia is the only hazardous material that is
likely to be used in greater than threshold quantities, and for which the CEC feels that an accident
is possible. Given proper tank design, a tank failure is considered he aed tlo, be modeled
and a truck
unloading accident has been the only scenario that t CEC has required
Therefore, this is the scenario that ENSR has assumed for this proposal.
Note: if the ammonia to be used is greater than the threshold quantity and greater hasnotassumed
solution, then a risk management plan (RMP) will be required. ENSR h
preparation of an RMP in this proposal.
2.2.4.5 Noise
The noise- section of the AFC will include. an assessment of the noise associated with the
proposed project and how it affects workers at the facility while it is under construction and in
operation. The assessment will also include a discussion of the short-term (during construction)
and long-term (during operation) effects of noise associated with the project on the surrounding
community. ENSR will identify residences, hospitals, libraries, schools, places of worship, or other
facilities where quiet is an important attribute of the environment within the area potentially
impacted by the proposed project. The existing environment illinclude nearest scripthey proposed
on of the
daytime and nighttime ambient noise levels at the sensitive receptors
site. The ambient noise measurements will be collected by ENSR or a subcontractor. For this
cost estimate, we assume that measurements will be collected at no more than five offsite
locations.
The impact assessment will include a description of the major noise sources of the project based
on engineering and architectural drawings and data. We assume that the noise generation data
for the turbine and ancillary equipment selected will be provided by the City of Vernon or their
engineering contractor. If not, then ENSR will use data for similar projects/equipment available in
the literature.
2.2.4.6 Traffic and Transportation
An ENSR subcontractor with local knowledge (not yet selected) will conduct the traffic analysis,
including a description of existing traffic conditions and an estimate of the traffic impacts at the
Intersections that will experience increased traffic generated by project construction and
operation. To determine existing traffic conditions, peak hour counts at key intersections will be
collected and used to calculate levels of service. The projects impacts on the level of service
May 2001
2-10
(LOS) at the key intersections will be calculated based on the estimated trip distributions for
construction -related and operational vehicles. Locations where rail and vehicle interactions occur
will be identified and summaries made of anticipated rail operations associated with project
activities (if any). Roadway safety also will be assessed in terms of hazardous for the le
shipped to the project site and the number and size of the vehicles to be used shipments.
An onsite assessment of traffic conditions will also be performed, including site access limitations,
parking availability, and internal circulation.
As appropriate, based on the impact analysis, potential mitigation measures will be identified.
These mitigation measures generally will take the form of traffic operations changes (temporary or
permanent), and will be directed towards improving safety and LOS. The potential need for more
substantial improvements or reconstruction of intersections will be noted in relation to the project's
share of traffic at such intersections.
ENSR will also determine if there are pertinent Federal Aviation Administration requirements
associated_with the height of construction cranes and stacks with respect to airports in the vicinity.
• 2.2.4.7 Worker Safety
The AFC will include a description of the safety training programs required for constructions stem will
operation personnel. The equipment for the fuel handling system and fire suppressiony
be shown on a map. Draft outlines of the Injury and Illness Prevention Plan (Title 8 California
Code of Regulations 3203), the Fire Protection and Prevention Plan (Title 8 Code of Regulations code of
Regulations 3221), and the emergency Action Plan (Title 8 California
are required for both the construction and operations phases of the project. ENSR assumes the
City of Vernon will provide the information required for this section. If requested, our safety
specialists can assist the City of Vernon with the development of the required. information;
however this additional effort is not included in this proposal.
2.2.4.8 Geological Hazards and Resources
ENSR will summarize the geologic hazards and resources of the project site and related facilities.
A map will be included with a description of recognized stratigraphic units, geologic structures,
and geomorphic features within two miles of the project site. We will include a review and
analysis of the likelihood of ground rupture, seismic shaking, mass wasting and slope stability,
liquefaction, subsidence, and expansion or collapse of soil structures. Geologic resources of
recreational, commercial, or scientific value that may be affected by the proposed project will be
detailed and included on the base map.
Published and available unpublished literature on the general and local geology of the area will be
reviewed. Sources are expected to include, but not be limited to, the County, the United States
May 2001
2-11
Et�R.
Geological Survey, the State of California, and local universities. The geology of the area will be
characterized in general terms, but emphasis will be placed on aspects of the local geology that
directly affect the nature of potential or existing geological hazards. The factors relating to slope
instability such as faults, joints, hydrological condition, rock strength, slope angle, and seismicity
will be reviewed from pre-existing documentation to make an assessment of the potential impacts.
The potential for severe earthquakes will be researched using information from the state, including
the Alquist-Priolo Special Study Zone information and federal sources. The potential impacts of
strong ground motion will be analyzed to determine if any mitigation measures are needed to
protect life and property.
2.2.4.9 Cultural and Paleontological Resources
To assess the impacts of the proposed project on cultural resources, an ENSR subcontractor
familiar with the local area will identify and evaluate prehistoric and historic archaeological
resources and ethnographic (Native American) resources. The cultural resources assessment will
include a literature search at applicable museums, archives, libraries, and agency offices, followed
by visual surveys of the project site and project -related linear facilities. The subcontractor will
prepare maps identifying the cultural resources in the project area and propose contingency
measures to mitigate potential impacts to previously unrecorded cultural resources if any are
found during project construction.
To assess the impacts of the proposed project on paleontologic resources, an ENSR
subcontractor will perform a literature review, records search, and site visit to evaluate the
potential of the underlying geologic formations to contain paleontological resources. Maps will be
produced to document the occurrence of fossil sites in the study area. Based on the results of the
impact assessment, appropriate mitigation measures will be proposed. Additional contingency
measures to mitigate impacts to paleontological resources, if uncovered during project
construction, will also be proposed.
As the project will be constructed at an existing industrial site and the natural gas pipeline will be
located with an existing street, these issue areas are expected to require only minimal
assessment.
2.2.4.10 Land Use
The land use assessment will include the identification of applicable land use laws, ordinances,
regulations, and standards and an evaluation of the potential for the project to conflict with existing
and planned land uses. ENSR will provide an inventory of existing and designated land uses at
the. project site, within one mile of the project site, and within one -quarter mile of the natural gas
pipeline. The inventory will include an identification of unique land uses on the project site and in
May 2001
2-12
EM-
the project area, such as historic areas or natural resource protection areas. ENSR will document
variances that may be required for conformance with applicable land use plans and assess the
cumulative impacts of potential future development in the project area.
ENS
R will also use a subcontractor to develop lists of the land holders in the vicinity of the project,
including the Iinears. CEC uses this information for notifications about the project.
2.2.4.11 Visual Resources
!This section will include a description of the project's visual characteristics and an analysis to
determine -the potential impacts to the visual setting for adjacent and surrounding land uses. We
assume the City's engineering contractor will use project feature data such as vertical dimensions,
color and placement of structures to generate visual simulations of what the project would look
like within the existing visual setting. It is assumed that the City of Vernon or their engineering
contractor will provide conceptual drawings of plant components and lighting specifications for the
simulations.. The simulations will be used to perform an analysis of the project's visual impacts on
adjacent and surrounding sensitive receptors. To identify visual receptors and resources, ENSR
will conduct a site visit, photograph the project location from various viewpoints, and prepare an
inventory of unique visual features or scenic corridors in the project area. We have assumed up
to five key observation points (KOPs) for our cost estimate. Since we have assumed no cooling
towers will be used, we have not included an analysis of the potential for visible plumes from the
project.
2.2.4.12 Biological Resources
Although ENSR has not visited the site, it is our understanding that the site is in industrial use and
has been completely disturbed. Therefore we assume that a minimal assessment including a site
inspection by a qualified biologist and informal consultation with State and Federal resource
agencies will satisfy biological resources requirements.
2.2.4.13 Water Resources
Because cooling
water is not expected to be required for the simple -cycle turbines, water
resources will not be an issue for the project.
2.2.4.14 Waste Management
ENSR will assess both onsite and offsite waste management impacts. We assume the City of
Vernon will provide estimates of the types and quantities of non -hazardous and hazardous wastes
to be generated during project construction and operation. Waste handling methods will be
j
May 2001
2-13
. EWR
described for each waste stream to show that waste generated onsite will be managed in an
environmentally safe manner.
For the offsite waste management assessment, ENSR will review available documentation and
contact local agencies to compile a List and description of disposal sites that may be used for
project waste disposal. The assessment will include a comparison of the amounts of project
waste that will be generated with the capacities of the disposal facilities. Waste reduction
methods and other appropriate mitigation methods will be proposed to reduce impacts related to
waste management.
2.2.4.15 Agriculture and Soils
Maps will be developed by ENSR to help describe the soil/agricultural setting of the project site
and vicinity. We assume for this proposal the City of Vernon or their engineering contractor will
conduct a geotechnical investigation as part of the site development process and will provide
ENSR with site -specific soil data. Again, as the site is located at an existing industrial facility,
within a highly urbanized area, issues relating to soil and agricultural resources are expected to be
minimal.
2.2.4.16 Socioeconomics
ENSR will provi
de a description of the socioeconomic characteristics of the project area by compiling population, economic, employment and demographic data, housing availability,
commute characteristics, workforce availability, taxing entities, etc. Using project -related work
force estimates provided by the City of Vernon, ENSR will assess the affect of the project on the
surrounding communities.
In light of the concern about Environmental Justice issues, ENSR will use the most recent
available census data to establish the demographics of the population surrounding the project
site. The CEC requires a discussion of the racial and economic make-up of census tracts within a
six -mile radius of proposed power plant sites. To obtain this information, ENSR will review the
most recent available U.S. Census Data and conduct a field survey of the 6-mile study area to
visually identify low-income or minority residences or community "pockets." This survey will
provide the basis for findings as to whether or not there could be disproportionate impacts on
minority or low-income populations.
ENSR will prepare one or more maps, as required, at a scale of 1:24,000 showing the distribution
of minority populations and low-income populations and significant sources within six miles of the
project site, such as those permitted by the EPA (Toxic Release Inventory sites), the SCAQMD, or
the California Department of Toxic Substances Control. ENSR will also identify available health
studies concerning the potentially affected population within a six -mile radius of the project site.
May 2001
2-14
2.2.5 Documents
ENSR will provide format guidelines to the City of Vernon and the subcontractors for the
preparation of the AFC document. This will ensure minimal reformatting or retyping. ENSR will
also provide an electronic base map to be used for all disciplines, to provide consistency. It is
assumed that all sections will be prepared using Microsoft Word software.
It is assumed that it will take one week for the City of Vernon to review the draft AFC. Due to the
large volume of large documents, at least two weeks should be allowed for final modifications,
reproduction, quality assurance and shipping.
For costing purposes, we have assumed that we will prepare up to five copies of the draft
document and 150 copies (125 for the CEC and 25 for the project team) of the final AFC
document (electronic copies may also be submitted, but the CEC still requires that a substantial
number of hard copies be produced). For costing purposes, we have assumed that the AFC will
consist of one main document of approximately 300 pages, with one volume of appendices 300
pages in length. We have also assumed that the documents will be bound in separate, three-ring
binders. Due to the large size of the document, we will use a service such as Kinkos for
document production. For the cost estimate, we have assumed that ENSR will deliver 125 copies
it of the AFC to the CEC office in Sacramento.
2.2.6 Meetings and Workshops
ENSR anticipates attending two meetings with the City of Vernon's project team, one meeting with
the CEC staff and one meeting with the SCAQMD, prior to AFC submittal. These meetings will be
for the following purposes:
A kickoff meeting to introduce the project management team from both ENSR and
the City of Vernon, and to establish common goals, communication procedures,
document control, time schedules, and points of contact. Permitting strategies
would also be discussed. It would be worthwhile if the engineering contractor and
legal firm, if used, were in attendance as well.
Prefiling Review Workshop — one workshop at which the City of Vernon will present
the project to the CEC staff and individual CEC technical staff can indicate their
specific concerns to be addressed in the AFC. At this workshop ENSR will discuss
our proposed approach to the various issue areas to reach agreement with CEC
staff.
• Pre-DOC-Application meeting with the SCAQMD to review the project's features
and discuss permitting requirements.
May 2001
2-15
EMM
• A working meeting to review and incorporate the City of Vernon's comments on the
draft AFC. it is suggested that this meeting be held in ENSR's Camarillo office.
ENSR anticipates participating in frequent discussions via telephone with the City of Vernon and
will be available for additional pre -filing meetings. The meetings described above are listed for
estimating cost. For the purposes of this cost estimate, it is assumed that the kickoff meeting will
be held at City Hall, the SCAQMD meeting will be held in Diamond Bar, the CEC workshop will be
in Sacramento, and the AFC review meeting will be in Camarillo, California.
May 2001
•
I
I
3.0 SCHEDULE AND COSTS
3.1 Project Schedule
Et�9i.
We understand that the City of Vernon is targeting July for AFC submittal. To meet this target will
require an extremely aggressive schedule. This is especially true given the complexity of the air
quality analysis.
We assume that authorization to proceed with this scope of work will be received by May 7, 2001,
and that and a detailed project description will be received by May 21, 2001. We recommend
scheduling the team kickoff meeting soon. At that meeting, we will determine an appropriate time
to request the CEC Pre -filing Workshop.
3.2 Cost Estimate
ENSR has prepared a time and materials budget estimate for preparing the AFC and delivering
125 copies to the CEC's office in Sacramento, California. ENSR assumes that this project will be
performed under ENSR's General Conditions and Standard Commercial Terms (Attachment B).
The estimated cost for preparing the environmental permitting described in this proposal is
$274,862. A cost estimate breakdown of the major tasks are provided on Table 3-1.
Table 3-1
Cost Estimate
May 2001
3-1
Tasks
12. — Traffic
13. Geology/Soils
14. — Hazardous Materials /Risk
15. — Visual
16. - Document Prep
17. - Project Manager
Project Total
Table 3-1 (Cont.)
Cost Estimate
Labor
Labor
ODCs
Hours
38
3,490
391
64
8,300
861
66
8,336
901
100
9,420
94'e
342
34,510
3,451
148
15,700
1,57(
EWR
Subs Subtotal
8,8C)OI
12,681
0
9,161
0
9,237
0
10,362
"274,737
May 2001
3-2
Table 3-1 (Cont.)
Cost Estimate
Labor
Labor
ODCs
Subs
Subtotal
Tasks
Hours
38
3,490
391
8,800
12,681
12. - Traffic
64
8,300
861
0
9,161
13. -Geology/Soils
14. - Hazardous .Materials /Risk
66
8,336
901
0
9,237
100
9,420
942
0
10,362
15. — Visual
342
34,510
3,451
34,100
72,061
16. - Document Prep
0
17,270
17. -Project Manager
148
15,700
1,570
274,737
Project Total
May 2001
3-2
1
1 4.0 PROJECT TEAM QUALIFICATIONS
Following are brief summaries of the qualifications of key project team staff. Resumes are
included in Appendix A.
Principal in Charge
l serve as
Mr. Richard Simon, a Vice President of ENSR in the Camarillo,
lthe ne'fornia ocessaryffesourc'les to meet
Principal in Charge. Mr. Simon has the full authority to commit
the project -objectives and requirements.
Mr. Simon has over 23 years of experience in managing multidisciplinary environmental impact
analyses, environmental liability assessments, and federal, state, and local regulatory compliance,
permitting, and public agency interaction. Mr. Simon has managed and prepared several AFCs
and related_CEC documents. The AFCs have included Mountainview Power Plant, High Desert
Power Plant, and three for the LUZ solar/natural gas power plants. In addition, Mr. Simon has
prepared Post Certification Amendments for a Duct -burner Modification Project and another for
the addition of a Fifth Train at the ARCO/Watson Cogeneration facility. Mr. Simon served as
Principal in Charge for the recent LADWP Environmental Impact Reports (EIR) for improvements
at the Valley, Harbor, and Scattergood Generating Stations.
Project Manager
Dr. Steven Heisler, QEP, will serve as the project manager and air quality task manager for the
preparation of the environmental permitting documents.
Dr. Heisler has over 25 years of air quality consulting experience. He has served as project
manager and participated in numerous regulatory -driven projects that have included permitting
and preparation of EIRs under the California Environmental Quality Act. These projects have
included modifications to three Los Angeles Department of Water and Power generating stations
to increase generating capacity and to install SCR emission controls; modifications to three
refineries to produce Cal
ifornia Air Resources Board Phase 3 gasoline; and support to the South
Coast Air Quality Management District for preparation of a Program Environmental Assessment
for its Fleet Vehicle Rules.
The primary function of project management is to ensure that the client's technical, financial, and
scheduling objectives are met in full. The project manager will have direct responsibility for all
operational aspects of the project.
May 2001
4-1
i
i
EW11
Listed below are the duties the project manager will perform:
Provide overall direction to the ENSR technical staff and to our support services
groups (cost analyst and publication staff) and to subcontractors;
Initiate routine communication between all members of the project team;
• Identify concerns, formulate solutions, and communicate these to the project team;
Monitor and be responsible for meeting schedule and budgetary requirements; and
As requested, represent the City of Vernon at required meetings and workshops.
May 2001
4-2
5.0 RELEVANT EXPERIENCE
ENSR has extensive experience permitting power generation units, completing CEQA projects,
A of ENSR's
and preparing environmental applications for projects with the CEC. sampling
is below. Additional experience and/or
current and relevant project experience .described
references can be provided upon request.
Environmental Permitting of a Repowered Generating Station
Mountainview Power Company (MVP0, California
ENSR assisted MVPC to obtain a license for a combined-cyclepower
pofnt fro
combinedfcycle
Energy Commission (CEC). This project involves adding 1,0
The Application for Certification (AFC) includes a full
capacity td an existing power plant site.
analysis, which will be used to satisfy all required state and local
environmental impact
The AFC was first submitted in February 2000 and a
ermitting requirements.
environmentalpermitting
-i�
Decision was issued in March 2001.
Air Permitting and Other Assistance
High Desert Power Project, California
in the
d ermittin support for a new 800-MW combined -cycle plant
ENSR provided specialize permitting airquality
all the
sked with satisfying
desert region of California. ENSR was primarily taPSD ermit from EPARegion IX, a local
power plant, including a p
requirements for the merchant
Air Quality Management District, and a Final Decision from the
air permit from the Mojave Desert
CEC. The permitting requirements -included a BACT determination, an air quality impact
VISCREEN Level-2 analysis, health
assessment using the ISCST3 model, visibility analysis using
a strategy to obtain offsets for the
risk assessment of air toxic emissions, and development of
in this region, ENSR was able through an ozone
project. Due to the unavailability of offsets
acceptance of an interpollutant, interbasin offset trade, i.e.,
modeling analysis to obtain agency
Coast Air Basin for NO% emissions in the Mojave Desert Air Basin.
VOC offsets in the South
ENSR also provided assistance with hazardous materials (ammonia) handling analyses, FAA
stack height and visible plume analysis, biological impacts, and other topics.
Environmental Permitting Assistance for the Proposed PolypropVlene Protect and
Watson Cogeneration Fifth Train
Arco Products Company, California
• ARCO Products Company requested assistance in preparing an EIR, air
approvals through the CEC for its proposed
permitting, and obtaining
May 2001
5-1
polypropylene plant at Carson Refinery. ARCO also sought to add a fifth 45-MW
train to the existing cogeneration facility. ENSR:
• Evaluated the potential environmental impacts of the fifth train, both directly and
cumulatively with the other four trains and with the development of the
polypropylene plant.
Analyzed impacts to air quality, water supply and quality, transportation, visual
resources, hazardous materials, and risk of upset.
• Performed a health risk assessment to meet the air toxics modeling requirement of
the air district, including- development of complete air quality modeling inventories
of all sources at the proposed facilities and iterative modeling using the ISCST3
and AB2588 models to minimize modeled offsite cancer and non -cancer health
risk.
• Prepared an amendment to the permit to operate for the cogeneration facility and
presented the amendment to the CEC.
• Negotiated permit conditions with the CEC, and incorporated the final amendment
into the EIR for certification.
ENSR's close interaction with ARCO, CEC, and the air district ensured that documents were
produced on schedule and enabled ARCO to minimize or avoid mitigation costs.
Air Quality Modeling, Otay Mesa Generating Proiect
PG&E Generating, California
ENSR conducted complex terrain air quality modeling for a new merchant power plant using the
new AERMOD complex terrain mode. EPA intends to replace ISCST3 with AERMOD as the
preferred model for complex terrain modeling. This application involved one of the first uses of
AERMOD in a regulatory setting prior to its official designation by EPA as a "Guideline" model.
ENSR coordinated extensively with the regulatory agency on the modeling protocol. After iterative
revision of the modeling and modeling protocol, in coordination with the local air district, ENSR
was able to successfully demonstrate that the project impacts in complex terrain were less than
the regulatory significant impact level for all pollutants.
Environmental Impact Report for Modifications to Power Generating Stations
South Coast Air Quality Management District/Los Angeles Dept. of Water and Power, California
Under contract to the SCAQMD, ENSR prepared a Draft EIR for modifications to three LADWP
power stations. New peaking capacity with SCR control was added to two of the sites and an
SCR system was added to one other. Major issue areas for the Draft EIR included air quality
impacts and hazards related to ammonia use in the SCR systems. The Draft EIR was prepared
under an extremely expedited schedule and the circulation period ended January 4, 2001.
. May 2001
5-2
ENrNr:R.
Under a separate contract, ENSR performed CALPUFF modeling of Class I Areas air quality,
Station to support the
visibility, and acid deposition impacts of the LADWP Harbor Generating
PSD permitting effort.
Fatal Flaw -Analysis of Potential Gen ,ratin i Capacity Increases
Newport Generation, California
ENSR assisted a power plant development company to research potential environmental issues
The analysis focused on air quality,
that could hamper expansion of two existing power plants.
land use, including California Coastal Commission Permitting. For air quality, ENSR
biology, and
the availability of Emission Reduction Credits (ERC) for offsets by, contacting current
researched
ERC holders to determine their willingness to sell and discussing potential emission reduction
projects to generate ERC with the air district.
Environmental Permitting Assistance for Combined-C cie Power Plant
Sempra Energy Resources, Nevada
ENSR is assisting this client to permit a new combined -cycle power plant near Las Vegas,
Nevada. For this project, ENSR's tasks include:
• Preparation of a PSD permit application to be submitted to Clark County APCD,
the Grand Canyon using CALPUFF.
including assessment of visibility impacts at
• Assessment of potential impacts to biological resources.
• Determination of risk management requirements and hazardous materials
licensing.
May 2001
5-3
mercial Terms
�NM. Com
ENSR Corporation
Time a_ erials Agreement
Effective April 1, 1999
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-Eid'�'eorr�brr,-ref erted-to-herei+res-'�{yBR: wiH pericx+rr ttte-seraices-describect+r'►' its�xOP��vak�-the
-flbseaee-ef�-f>Fopesa4; •as defined-iF►.writing-a�•aP#Kcwo`j"bY-�R"�.CGw�i'-t�Aateaslcbasisa• as-�ewices=itt-accordaa
.�y,,f�'.�)ertlAnetoi<'t4-ems= r $pass ser��iese �taaU.t�s �erioaned•oa-a-X.irt�e-aril
BILLING RATES e personnel
STAFF on he basis
of the following staff category hourly r"Billing Rates'. Billing Rates arrectly ei in time to
tdotlllars,r net ooject f all applicable be etaxes,
istrativ
billed d
duties, fees and related charges, and Include fringe benefits, burden and fee.
Staff Category
Rate/1-iour Staff Category Rate/Hour
Staff Category Rate/Hour
P4 $54.00
P9 $100.00 P13 $135.00
P5
p7
$63.00
$76.00
P10
P11
$112.00 P15 $150.00
$121.00 CS $150.00
P8
$85.00
P12
$130.00
All staff personnel have been classified in the above staff categories based on discipline skills, education and experience level.
re
ased on a
work week.
es a
Ali travel, to a maximum of eight hours per day, will be�c dab ed at charthedBalt'ng Rates. he standardl'BillingtRates.b Overtime hours ofrnon exempt
Overtime hours for exempt employees (non -hourly) 9
(hourly -non -supervisory) employees are charged at 1300/6 of the Billing Rates. $ eerothermae-by-am'
—{m-theewent#iM-ENSes
Rle_e"ieyeere-regdested�-�iec�Eer ► P 9P�^
�..adatinistraiiac.pu,�eed;ag 4rwav4aq4ao clisnt• at•�v
.,�eu:tintvc,.axaort-or-witaoss-tosi'uaeriy-oF.otperwico•�?ti� �,rs�, ,,.o���aad-shad-FeiFab�+rse•�AtsR�er�ii-out-0i
� Wised .tmorrlxoject•cost-estimMes' -trr those-irtstEsncer
_--..,..,..,a,..k--�.xl-c�rrnrtsiorrs-fof-,;reditittg-s-octr'adv'an�
��g-tptweerwn,�,cc�a•
OTHER DIRECT COSTS -'Other Direct Costs' are all costs and expo directly attributable to the performance o
uses Incurred by ENSR
Services together with a twenty percent (20%) fee. Other Direct Costs include subcontracts, materials, shipping charges, special lees,
permits, special Insurance and licenses, outside computer time, and miscellaneous costs. Travel and travel related expenses and
equipment purchased for a project with advance authorization are computed a B Vintage of Libor cost, or as quoted.
actual cost plus a ten percent 0%) fee.
Ali other internal expenses (reproduction, telephone, facsimile, etc.) will be charged
Pe
-ttW91GENG � ssnec# rner�fHtY Netn+�+++g' ete#f oategerles t-GlieM4s-exper►se; to-indudacxasswated-hi
Witt -be provided-uP)R 6tienCsfeerifeet'$�'de
-eosts:-OoPks0f-snPWPVrtint�d�re'e"'atrort at�tafeF re+dw�+ at Ea4sas-Acton, +M oificarfwt-wtl�ac#�e released,-Faya�eats a c++ie
-and-oepyir►gses - i wittlnrthrttY -d cfinvoicedate-trnoiees not-Psid rv�t'n'thirti! (3� daS��sy-I 9
-at-the-address'appearfi79' of te-exc�eee le i +'intefeet-aitewed-dy'ta �-Ir+
-IntefeeHroKrtf+e &1st-dair$tera#e of i-4�'% f+ Ha�''f"� s-wiNie�t-{+snitr4y urtt+t-N�e-C�fieret-Has pek#++11
•dens-mitMeni+o�ee"te 6lieflt; ausl3end-Se+vi°e �ern+i+�ate
-edditiott;-ENSfi'rrtay; erffergivit�9'se're^'f�9 y,}��ekiding-ir+tereet-ert-peg nts�p('�i�Y
-rsiF-armoarrts'dae'ENSRbrt-aocoaMo4'l�erviees-rendereefe� �s�re�'��°d �NSRnH-fees-and
-3evIceswM10t*fi.gbHit9-ifihere-Lrerdisput�°� cnNectiar��4ier>fagreesta'Pap
-perk)&.-inJwever>tttratt'N91�'PtaeeselienNs-axoar+t in It�cf+an
-expensesfilclading attcmiihereys+'feesend�peR'fees.'r�'tatedtt�erebY
gohedtiles an
ESTIMATES OF COSTS AND SCHEDULES - Vie -estimate& -of seats-and-qurrerr'eMs-kr+atiYr+ at-tsrrtte
-easistan+ce'otdy- e)st a timates-rxe be9ed-0m-E+6R$-43eel-j )es-ENSR wft�a Pam^
,fit-tie-trHuerwed laa)cal�tY or-adaer'aehrbY"�1°^t'r'1C�� e�+er-ckeurt�stNr+
es-wf� �Ad'coetc.aad• tctwdtrls,- but •tr>fi°'e+'aat •staatl-�A1F,R s-estirt;ata�e��° ��-
_ $ to
-pdeee- to the event ENSR Is required to exceed Its original estimate for any reason, the Client may wish
(s, redefine he scope of Services In order to accomplish Client's budget objectives, or (2) terminate Services at a specific expenditure
Is chosen, ENSR will order
over oIiInformationpusheto the extent completed at the authorized level without furherobtigation
level. K option (2) for Services performed. Notwttllstanding any other terms to the contrary, ENSR— may
-or•-rrabfrrlp h either party except Paymentcompensation or additional time to perform Its work, In the event
hat work outside thSocbe
entitled to a change
eq order for additionalPed
is requested or required to be Performed ENSR, or in the event that the assumptions underlyingENSR's proposal prove
different from the facts actually encountered by ENSR during the performance of he Services. i7 -019FrmiB j5e'� Sf�a
-�1t3R8f°MrNfi°'rheseCotivmeR '1'emzs d ''hed�ere
-services-arld1%hts'��c; tlte'pWtI8T
Ham
ENM.
ENSR Corporation
General Conditions
,i..; C� LESS. Client grants or shall obtain for ENSR Corporation ("ENSR") and its subcontractors authority to enter the
property upon which ENSR's Services are to be performed ("Site") at Client's expense.
2. CLIENT INFORMATION. Client understands that ENSR is relying upon the completeness and accuracy of information
supplied to it by Client .and others in connection
substances, wastes oricondit conditions thout independent
affecting the f verification.
the lSeryServices to be
advise ENSR of the existence of any hazer
performed hereunder. s in
3. STANDARD OF SERVICES �En tnAiotionVsta da ds,rand scientific practices rees to n effect and erform its iutilized by envi onmeance t mental firms lin
accepted engineering an use
sis
the United States at the ye in athe
state of ch nge and ref nementt..eClient recognizes thatproje tstinvolving hazardous nwaste
and procedures which
sites may not perform as anticipated eventhe environmental h the condition of performedrvices are se based upon�imt ed sampling anduinvest invesired level tigative
care. Given the difficulty in predicting
ther documents
activity, Client recognizes that any statemens, opinions and conclusions
of the environmental condition of the Site limited
prepared and/or issued by ENSR are only meant to give app
to the particular. contaminant(s)sanm °ed orres tested byiENSRssues acENSR shall, for the p oltecton of Client, request from all
l be made
the Site actually investigated, p
vendors and subcontractors fexten off the arms thereof.rocures eENSR snresponsibilityrwith respect to such equipmenit, serviceshe
available to Client to the full assistance to and materials shall ec on 13 to the ENSR warrantsent thatf if any of its completed Services gfail to conform totheabove stanient in dard
same. Subuarantees and re
ject to Section
ENSR will, at its expense on of
andconectve Serve es ofis �the typeuoriginallyiperformed asitmiay be requear sedhto correct rovided in t h
the Services, either perform for
defective Services or refund her Clientthe
expresamount sorimplied, and thedetective
havenoothereliabEtytotClieas nt for defective
Section, ENSR makes no of
prices, whether caused by error, omission, negligence or otherwise. r
CONFIDENTIALffY. "Confidential In means all technical, economic, financial, pricing, marketing
hout
rmation that has not been published ishen and/or t on, not otherwise cu customer I sts,,/ scientific, membersble to echn cal oandebusinress Stu c and elu analyses,
li on, trade secrets, proprietary discI Confidential
pro methods, procedures, policies and information. In the event that either partyered to Client
Informa the other party in connection
wit thiifidential Inntractformation (excluding
ENSto hold as confide
' nd to not disclose
or others he der), the party receiving ears from the date of disclosur ese restrictions shall
to others the . ental Information for a period of ten (10) y
not apply lawful) acquires from a t ' rt. not under an obligation
I to info that (i) the parties had in their possession prior to disclosure; (ii omes public obligation
through no fault of the iving party, (fii) the receiving party Y q or v is required to be
of confidentiality to the sing party, (iv) is independently developed by the race' partY� ( )
disclosed by law or court o lie agrees n that ENSR experience and quse andua ba t o sh lie other�clien s and potential clients. of
the Services provided to Client g tion repared
.MORKPRODUCT'.-"6Work Produc,
by ENSR for delivery to Client. Client she
however, such use shall be limited to the
release the Work Product to third parties
any claims or damages resulting from or
Client shall indemnity, defend and hold I
siss of all reports, notes, tab test data and other informa p
ve the right to make an n copies and use all Work Product; provided,
p lar Site and pro. ich the Work Product is provided. Client may
at its risk and di n; provided, however, ENSR shall not be liable for
or an third party's use of the Work Product, and
6. INSURANCE. ENSR shall intain Workers'
re uirements of the state i ich the Services
of $1,000,000 per occu ce. and in the
including owned an fired vehicles with
property damage end Professional Li
and in the aggr gate. �
th su ease y
le y and all such claims or damages.
n and Employer's U ' insurance in accor a with
eing pe , Comm' e
ercneral Uability insur with a limit
c for bodily inj d pr rty damage, Automob1 ability insurance
$1,000,000 per ence and in the aggre a for bodily injury and
s and omissio ins ce with a limit 1,000,000 per occurrence
r
j' '�'' "''" shall indemnify, defend and hold harmle
7„"NDEMNtTYYNSR:, anies against claims, demands and caus
Jemployees and affiliated an nt )om P l injury, disease or death, and dan
attorneys fees S. tense for ersonal inury,
performance o Se ' the extent caused by the negligence or willful miscom
liability under t indemnity shall not exceed the recoveries under the types
to release defend and indemnify ENSR
ent, its officers, directors, agents
action of third parties (including
i f property arising during the
uct SR. ENSR's aggregate
and lim insurance set forth in
from and St all further liability
Section 6 of this at and Ment agrees
under the abo emnity arising from such Services.
SR sha o tending any other provisions ofenences anyIncreasesin oontrasts due o change to the centitled EN N
additi compensation for work In the event that ENSR exile ' Y work from that included in ENSR's original proposal or for additional work requested by client or cha1 er or method of performance of work or due to changes in scheduleor dreumstances not solelycaused
c tinmd I
ENSR Form 102{1/ M
General Conditions
werk-eittaa�l} as {�reviousy�-a9xaedac� 9-b�`"�-�iera�(2�-
-E.,�}�ll.{perrsated•for-all-saefi•edditic>rta� s��usai•staridar�ccx�rt�g�l-rates.
orre•lirne�teifels basis-ia aeec�tdar�ee-wit#a-F�NSF
or the
9. REMEDIES. Neither party,
oftheparent.
affiliated
liable rsubsidiary o he company action or claim for in
ianies, n idental, indirect,
employees or contractors of any p ry unitive damages arising out of or related to the Services, including
special, collateral, consequential, loss
la or p
without limitation, loss of profits, loss of opportunity, loss of production, or loss of use. Any protection or limapply
itation
against liability for any losses
recoverya of damagfesas soughted any iisibas d upon vidual or ncionttrract. tort (includise ng, on the greatest extent
whether the action in which
ected
permitted by law, the statute or concurrent
or then negligence, xtnt permitted by law, any sassiv rya remedies esi ncio liability
stent withany these
individual or entity),
terms are waived. the
Site owner to
provide) ENSR
10. ENVIRONMENTAL CONDITIOSli shall
provide
taCIentagrees to waive anclaims against ENSR
ton afat obstructionson he Site
and locaurfe ess from
mands or causes of
for
es to
and to indemnity, defendand hold E
that notlaccurately identified or located cat d by Client or others. Client assumes
ances or
subsurface facilities or obstructionsronmental
responsibility for air, subsurface and/or
ite ground shall indemnity y and defend ENSR from impairment
claims, odemands am toxic ndtcauses of
hazardous mate.?als existing at t causes of
action of third pasole
rties relatedthereto.
of ENSR;except
where i beingsuch the claims,
o not the Client to assume any liability alion are e ged to have
negligence or willful misconduct
resulted from ENSR's Joint or concurrent negligence.
,44_ 'FFA-RAGT41AlSA's�i
�9�,�{.as�a-i�depe nctenL contractor.
12-Fe AdEUffiE--E-f f�shaff-t�aroe rye-IiaHi4+Ey - ►Y
-€attars taPe+�°rtx+ O�deta�Cir> } a _-c'bP—Se-uicas
'Ca[tst?d"bYc'artces'b2ptmd�ts'reasrmabte-cotttral-inctadmg� bvt-rTat-limrtjA�sM�.���
•expiesiert,-aete-af-r�ettire; •aetsef-go�e'�abof-d+r:�s,-��
� egEiip�er� e>Eteai-aflewed- b�
13. LIMITATIONS OF LIABILITY. Except-af�reWee�ehfltractd�
}avw, Client agrees that ENSR's aggregate
tor chairacto ter larising ount and t orsinoany way related r any and lf o this cAg Agreement, the Servilosces
expenses or damages, of whateverhe total amount of compensation received by ENSR hereunder.
or the Site, shall be limited toor
The parties agree that in any dispute solve thethmatterns of withoutslitigation.e Such efyfortsushall inc uude, butunder hnois Abe limited to,
will make a good faith effort to s representative(s)ematerwithout
empowered to resolve the dispue. The parties agree that before
meeting(s) attended by each party the use of
ute
efther party commences an action against the other parry, they
to ailrbit ateither dispute). Pendinglthete foutcome oforms of such
resolution, including mediation (or arbitration if both parties agreeUntil such time
dispute resolution, both parties shall s suspend its Services he�eundertand shall sogime-hazardly notify Company. the dispute s
resolved, ENSR reserves the right to
us wastes, substances or
x;•
r non
14 "AWNERSHIP OF WASTE.iio� o the date nihatVthe Services are initiated. azardous oUpon request�ENSR shall assist Client in
matenals existing on the p
ulations. Client shall provide appropriate disposal identification numbers, select the
the proper handling, storage, transportation and/or disposal of the Pre -Existing Waste in accordance with all applicable
federal, state -and local laws and re, disposal contracts and other documentation necessary to allow ENSR to
disposal sites) and sign all required manifests, ispo to the
complete the Services in a timely rom improper sent agrees to t ansportation orf
odisposlal of he Pre -Existing Waste. In no event shion
all
concern for any damages arising
ENSR take title to or be liable for disposal or remediation costs associated with Pre Existing Wastes. 1)
NTIRE AGREEMENT. The terms of this Agreement shall be deemed accepted by Clie e bound by
E tion of Services at the verbal or written direction of Client or (2) Client's w ' aiver, modification or
these eement constitutes the entire understanding between t .zed representative of ENSR.
amendment o shall be effective only if in writing and si rchase orders, work orders, invoices,
contained fn any prior or
ENSR hereby obi s for propos currents received from the Client that would
acknowledgement forms, Mani Conditions in whole or in part. If any portion of this
otherwise have the effect of mod'rfyfng n shall continue in full force and effect. Nothing herein
contract is held invalid or unenforceable, an sun other than Client or ENSR. There sb 180JQ0;
shall be construed to give any rights ed in this conta and an such assi nment shall be null
� ,�`'fSPU or obli � e �� �' �� 'b'tice..
and void. Either e�titis�f g Ize the respective rights,
r the Services for any reason shall not a orrnance of this
Termination of this office that
obligations an of {iabil'i gcontained herein•ovemed bns . -
Agreemen sactions retatin thereto shall beg y `
I— InA sal Is located.
to
EXHIBIT C
1
2 INSURANCE SCHEDULE (CONSULTANT)
3 1 Consultant shall provide proof of insurance, including a standard certificate of insurance, in at least the
4 following amounts and coverage (combined single limit permitted):
I Coverage and Limits
5 Bodily Iniury Property Damage
6 Hazards Each Person Each Accident Each Accident
7 Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
wne
8 $ 500,000 $1,000,000 $ 500,000
Hired Automobiles
Automobiles $ 500 000 $1 000.000 $ 500.000
9 _Non Owned
Workers' Compensation $ Statutory
10 Emploxers' Liability $1 000 000 per em lover
11
H. General and Professional Liability
12 General Liability $1,000,000 $2,000,000 $1,000,000
13 Independent Contractors $1,000,000 $2,000,000 $1,000,000
Products -Completed Operations $1,000,000 $2,000,000 $1,000,000
14 $1 000 000 $2 000.000 $1 000.000
Contract Liability
Liability $2 000 000 $2 000.000 �2 000.000
15 Professional
16 a. The general liability policy shall contain the following special endorsements which shall be noted on or
attached to the standard certificate of insurance:
17
1 An endorsement naming the City of Vernon, its officers, and employees as additional insureds
18 under the policy.
19 2. un endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
20 3. An endorsement providing coverage for all operations under this Agreement.
4. Such other endorsement as may be required by addendum hereto.
21
b. In addition to the standard certificate of insurance, proof of general and professional liability coverage
22
shall be furnished in the form checked below. Certification of the following_proofs by the insurance
23 agent or broker will not be accepted:
24 X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and
statements in the standard certificate of insurance (attached thereto) are true and correct and that
25
the signator is an officer authorized to so certify.
26
A copy of each policy certified by an officer of the underwriter or carrier and notarized.
27
28
EXHIBIT C
�. Commercial Terms
ENSR Corporation
Time and Materials Agreement
Effective April 1, 1
tneseroices�iescribed irrit3�xopose+or, rtritje
-ESr-EiVSf�C''vrPoration; ^referred to-Mereir+-es=-EA16R =rriH peAorrn ce-wiW-ttae
-ebseAee-et-a-propesal; as defied-ia writing-as�d approved-af''�"S��.Giau,-retcrsed.so-hereia- as-'Sewises= iaaccorciaa
-IoHew,i�g'-Eern+a'►erclam-�s-$peseservisesstaaU.f�e �edoaned-oaa-?arue-and.Aaatecials.taasis.
BILLING RATES
tly charging time to the project will be calculated and
STAFF - Charges for all professional, technical and administrative personnel direc
billed on the basis of the following staff category hourly 'Billing Rates'. Billing Rates are in U.S. dollars, net of all applicable taxes,
(11ities fees and related charges, and include fringe benefits, burden and fee.
Staff Category
P4
P5
P7
Rate/Hour
$54.00
$63.00
$76.00
Staff Category
P9
P10
P11
Rate/Hour
$100.00
$112.00
$121,00
Staff Category
P13
P15
CS
Rate/Hour
$135.00
$150.00
$150.00
P8
$85.00
P12
$130.00
All staff personnel have been classified in the above staff categories based on discipline skills, education and experience level.
All travel, to a maximum of eight hours per day, will be Charged at the Billing Rates. Billing Rates are based on a forty -hour work week.
Overtime hours for exempt employees (non -hourly) will be charged at the standard Billing Rates. Overtime hours of non-exempt
(hourty-non-supervisory) employees are charged at 1309/6 of the Bitting Rates.
--M-ti+e ever+ti�t£Pl6fl's t�PleYces srefegeiested�l-Olient ereoR+4�� $Y �POe^c orotherniae-byert}'
- i� 9i`re-eft-qr-vwtassc-WstiFacc�Y-oFctaaravisoi�.uticiPate �a'a-1ucf � aAd baIl•;QkPburse R� aU-owt-04
jlien4shaal•sert�sate'�R' at-1bA°�-ot-iGie_Billictg.E2ase.-lad
-poekeEec�,te-as{�rovieed-herein' '�
��d,��..�d-up�xr,project-cost-estimates:-irttnose-irtstancer
rrrayregnire ad ~tot-advance'1Ydfor'>;reditntg"suctradva
-- UV-thE errtwltl-tltataattyprovide- rttme deprrs
reorttp►ed
incurred by ENSR directly attributable to the performance of
OTHER DIRECT COSTS 'Other Direct Costs' are all costs and expenseses, special fees,
Services together with a twenty percent (200%) fee'. Other Direct Costs Include subcontracts, materials, shipping charges.
permits, special Insurance and Ccenses. outside computer time, and miscellaneous costs. Travel and travel -related expenses and
equipment purchased for a project with advance authorization are computed on the basis of actual cost plus a ten percent (10%) fee.
All other internal expenses (reproduction, telephone, facsimile, etc.) will be charged as a percentage of labor cost or as quoted.
•iswdees'wHF-beamed-mer�tY'foemk+r►g'S�e6�'Oa$'�cnswr+ariced;tates;-artd-�e-Otficr'F3irecE
-MW94G4!!6i-�Wf3f'1k�M doCrameMati�* �t`9y'eRu�t-er+eh�et-Gfient's�xpense; to-incltxltassociated-labor
-eosts'OoPiesofst+PPortmg p °ro wrl4".bereteased,Fayat �s-afeci��re
{aula�tafar~revicv+ ai_PtS&'r Actoa,�AA^off+corbui
-nt-ftrrr>�ddress of irnroictdatt-trnroicew*ed- ,,ePsa'd-by4le4o
te�coee�flie �r+aieranEerest�atlewed-�aew:-4R
->Rtereat�fom-tire 3lst day at-4f�erate-of 4�� riE,es wiihedt4+at�iirEy-orltii-4f�e-�iiertt�es-paid if►4uH
-add+tiorr£-lJvft-n�ey-etergiin9 save^ t9 da7eten-r+otrae to 6tieReaspe+�
-aiF-arno�rrtts-dne EN6Rbrr aecoaM of-t�erviees-renderec4a�d-e>�e�+seg" e44rteefddir+g interests
��� ntsr rth�e-tlmtrf3O �Y
ort�+rrhrroioe-f�i+er+tagreerlQ'f�Y�'�NSRati-fees-and
-3etviees-MtliouF tiabfl+tY'ife Is'ad"n0
'en afto^1e4oreoHeetiert fifierk agreesto PaY
-period-initte�eventthat�t�-{�c�ieM`saecoaMirrif�e•har+droi7
tl�erebp
-e):PV=s,,fiRiad;mg-v=1leyffe�-m� veessifated
ESTIMATES OF COSTS AND SCHEDULES - EN6R %&-esliettates��f eest9 � ��e�y-tee the fime
assistance-ar*r.-ftst�end-schedr�e^estimates-we4a9edtx+-E+WA s-be9t-jadg�� ees_-ENSR-withendeavor`1e'Perl<xm�t►e-
-assist ad-smdurrbtinfluencediavocabiy-or-adversety�Y'�t°M�eds-e^&Oiher�u +
Iim,ated-oostc-aAd tdwduterbiA°4eai�t�all-FAiSRs�stirt�ate-be-k�tocpcetad-
-GeMee9-eA4ee08W@fi91`1 In the event ENSR is required to exceed its original estimate for any reason, the Client may wish to
-es a net-t9-exeeed +xed objectives, or (2) terminate Services at a specific r obligation
(1) redefine the scope of SeMoes in ordependiture
r to accomplish Client's budget objfthout
level. It option (2) is chosen, ENSR will umor Services performed. Notwtthstandng any other terms tolthe loonirM ENSR it-at�lf- may b c
-erfral�ilitp to either party, except paymentCompensation or additional
time to perform Its work, in the event that work outside the Services
entitled to a change order for additional rove to be
Is dfffeerrent from the facts a Wdy enoourde by ENSR du rig the performancetthe SSerrvlces that the assumptions underlying ENSR's Proposal p --
�'i7/g7)'�SPe'6S'Qii; j��bi the
�•3ervloes'az'b �
EIM-
ENSR Corporation
General Conditions
.11- CCCESS, Client grants or shall obtain for ENSR Corporation ("ENSR") and its subcontractors authority to enter the
property upon which ENSR's Services are to be performed ("Site"), at Client's expense.
of
2. CLIENT INFORMATION. Client understands a ENSR is
Services Pon eeleteness and
rainformation
dfation.Clientagrees to
supplied to it by Client and others in connectionhhe relying
without independent ve
advise ENSR of the existence of any hazardous substances, wastes or conditions affecting the Site or the Services to be
performed hereunder.
RRAs in
3. STANDARD Orin SERVICES dANt onNstandarN-1 and sc entfic pracrees tices n effect andorm its utilized zed by env envirodance withnmental firms generally
accepted St 9 use of
sis
the procedSyes which are in a state of change andret refinement. Client Services
Cl•ent recognizes thatprojects1involy involving hazardous snwaste
and procedures
sites may not vel of
the difficulas ty in anticipated
redicting the environmental ondition of performedh the Services are se based upon limited ed sampling and he uired investigati e
care. Given Y P
that any statements, opinions and conclusions contained in reports and other documents
activity, Client recognizes
prepared and/or isued R are only meant
t a sues actually targeted by ENive investigation t gation and the portions of
to the particular. contaminant(s)ction of
from all
the Site actually. subcontractors
from which ENSRed or ted procuresN equipment, materials . ENSR shall, oor services, guarantees pwhich willtbe made
vendors and subcontra with respect to such
available to Client to
full extent eterms thereof. ENSR's cesguarantees equipment,
inp
gnment of such and rendering assistance to Client enforc g the
and materials shall be limited the ass
ants
hat, it
of its
to
the above
SR warr
same. Subject to Seenise and provided d ENSRtis notified of such detective Servicesawithinoone ear of the completionof
ENSR will, at its expense P e originallyerformed as may be required to correct such
the Services, either perform corrective Services of the to E P as
detective Services or refund
o other Client the
tyaexpressaoa implied, and thefor detective
have rvno other eliabEty tot Client for defective
Section, ENSR makes n
rvices, whether caused by error, omission, negligence or otherwise.
ns all technical, r
CONFIDENTIALITY. "ConfidentialInformation" anorsot otherwise available to memiberspof the purblic and ncluing hout
rmation that has not been published
li on, trade secrets, proprietary information, customer lists, scientific, technical and businessdisc) to Confidnalent al
proc methods, procedures, policies and information. In the event that either party ered to Client
1nforma the other pa ipconnection rece'iving suchh this contract Information (excluding
ENSto hold asconfidendito not disclose
or others he der), the party 9 ) ears from the date of disclosur ese restrictions shall
to others the . ential Information for a period of ten (10 y public knowledge
a possession
acquires from a t ' rty not under an obligation
not apply to info that. (i) the parties had in their possession prior to disclosure; (ii omes
through no fault of the wing party, (iii) the receiving party Y a or v is required to be
of confidentiality to the sing party; (iv) is independently developed by the rece' p rtY O q
disclosed by law or court o font lentrabg 9 s that ENSR experience and quuse and aliblishoG1e othernclients and potential clients.
iof
the Services provided to CI
repared
-6.4NORKPRODUC'T-*6Wock Poduc lists of all reports, notes, lab n c tees and use all Work Produst data and other ion ct proviided,
by ENSR for delrvery to Client. Client sh ve the right to make a ich he Work Product is provided. Client may
however, such use shall be limited a the p tar Site and prof
n; provided, however, ENSR shall not be liable for
release the Work Product to third parties at its risk and d" P
any claims or damages resulting from or connect th su and all sucor h claimsoror damages, the Work Product, and
Client shall indemnity, defend a=I'n;ain
NSR ha rmle Y
6. INSURANCE. ENSR shallWorkers' n and Employers U ' insurance in actor a with
Commend eneral Uability insu with a limit
requirements of the, state i ich the Services for bodily inj d pr rty damage, Automobi ability insurance
of $1,000,000 per occu ce. and in the agg of $ or bodice per ence and in the aggre a for bodily injury and
including owned an tred vehicles with
property damage nd Professional Li errors and ,000 o ins ce with a limit 1,iJ00,000 per occurrence
and in the aggr gate.
�• .- .r *n^''�'`'},.� defend and hold harmle ient, its officers, directors, agents
7�NDEMNffYY�ENSR: shall indemnity,
employees and affiliated an nt companies against claims, demands and taus action of thirdparties gduring the
attorneys fees fense) for personal injury, disease or death, and dam f property g
performance Se the extent caused by the negligence or willful misconduct SR. ENSR's aggregate
Lability under indemnity shall not exceed the recoveries under the types and lim insurance set forth in
Section 6 of this ct and Client agrees to release, defend and indemnify ENSR from and st all further liability
under the abo emnity arising from such Services-
o ding any other provisions of the Agreement to the contrary, ENSR sh entitled to
nsation for work th the event that ENSR expedenoes any Increases fn costs due to change NSR'se
additi compe sal or for additional work requested by client or cthari
work fromthat included InoEfNS R' ooriginal
i ion to manses th schedule or circumstances not solely caused by
er or method of performance
General Conditions
werk-eii#�ec-�1 } a>r
.EyS{}.�c}F{�-�pensafed-for-e}t-st+et�additicj+na4- ���Raat-ssar►�tacd-coa��ereial-rates.
err a •tittle-e��ate�ie4s•Basis-ieaeeordar�eeiv+t#F��'
9. REMEDIES. Neither art ofrtth foregoing, parent,
affiliated
liable subsidiary
the othei companies, any action or claim for incidental, indirect,
employees or contractors Yt of or
special, collateral, consequential. exemplary punitiveosdamages roduct on, orlossof use. Any d to tprotection he feor limitation
including
without limitation, loss of profits, loss of opportunity, these
against liability for any losses
ch eecove damages ofamages is sought individual
upon entity by
tort (including, tonthel greatestons xpterN
whether the action in which rY or
permitted by law, the sole, or concurrent
sor other
the extent permittetd bylaweany statutoryaerred etsl inconsistent sftent protected
htthese
individual or entity), statute
terms are waived.
ONDoOshall Ie the Site owner to
,)E
NSR with the 10. ENVIRONMENTALCon the Site Client agrees to waiveveanyclaims against ENSR
ion of uace fats and obstructions
and locatll subse
R harmess from an
y claims,
or causes
f action for damaes to
and to indemnity, defend and hold thasare notlaccurately dedemands nt fe d orr locatedby Client o rothers. Client assumes
subsurface facilities or obstructions
responsibility for air, subsurtache Site ,aances or
nd shall indemnify and defend ENSR from any claims(, demands anm toxic d tcauses of
hazardous mates ials existing at tof
sole
action of third parties relatthereto, ENSR exceptwhere
bee such the mints, not the s nd to assume atny liability ion are ualeeged toehave
causes
negligence or willful misconduct
resulted from ENSR's joint or concurrent negligence. adormeds aa-+Q�acto�
12-P6fi£�idfAdEtifE-EPd`ahaii-tta�oe fle-IiaHi4+ty-?F►i` fa+ture to pexf�ua
oc delay an-perf_-O�Senrices
-caasr�t'by'c���eS'beyvnd-its-reascmabte-carttrol-rnctnding,-but-ttot'timttecf-trr, s���aabit'�y--te-obtaia',"
-eYp4esiert,-aets-ef-t�atttre; sets-eemment•,aabof��+�`�s,'�"�"�aaspoci
-oFeq�ip�er� s�cieai-altewe6f-by-
13. LIMITATIONS OF LIABILITY. Exce}�t ae Pffl td
eement, the Services
-law, Client agrees that ENSR's aggregate liability to Client and others for any and all injuries, claims, demands, losses,
expenses or damages, of whatever Land or character, arising he taltof or in amount of c mpensationted �eceivethis drby ENSR hereuntdey
or the Site, shall be limited to issue a,
but not be limited to, a
The parties agree that in any dispute over the terms of
without litigation. Such ent or fforts shall inc include, under this Agreement, they
will make a good faith effort to resolve
before
meeting(s) attended by each patty's representative(s) empow,he to
consider the use ofhalternate formsarties agree oftdspute
either party commences an action against the other party, Y the outcome of
resolution, including mediation (or arbitration
immediate steps arties agree
mitigate any damages. Until such gtime as the disputeis
dispute resolution, both parties shall
resolved, ENSR reserves the right to suspend its Services hereunder and shall so timely notify Company.
14.`AWNER8HIP OF WASTEPre-Existing Waste" is any hazardous or non -hazardous wastes, sussist bstances or
applicable
materials existing on the Site prior to the date that the Services are initiated. Upon aste in acco ll a
dance with all applient in
disposal identification numbers, select the
the proper handling, storage, transportation anc/or. disposal of the Pre-Exis4ing
federallow ENSR to
, state -and local laws and regulations. Client shall provide appropriateP
disposal site(s) and sign all required manifests, denpagrees to ok solely to the disposal contracts and other tsal facilitysan toralransporta on
complete the Services in a timely man of the
ll
concern for any damages arising from oopemeaasoortation or i
costs associpa,tedlwith Pre -Existing Wa Waste. In no event she
ENSR take title to or be liable for disposal� )
NTIRE AGREEMENT. The terms of this Agreement shalt be deemed accepted by Clie e bound by
Services at the verbal or written direction of Client or (2) Client's aiver, modification or
E tion of
these reement constitutes the entire understanding between t razed representative of ENSR.
amendment o shall be effective only ri in writing and sr rchase orders, work orders, invoices,
ENSR hereby obfe contained r any prior or cuments received from the Client that would
acknowledgement forms, marn s for propos Conditions in whole or in part. If any portion of this
otherwise have the effect of modifying n shall continue in full force and effect. Nothing herein
contract is held invalid or unenforceable, an sun other than Client or ENSR. There sf�111d►4r`
shall be construed to give any rights ed in this contra and an such asst nment shall be null
is or obli �� _1L1 `�
an��Df'th+rffSc�tt laltl>is�9gt��e
and void. Either reason shall .not a ize the respective rights,
Termination of this or the Services for any ormance of this
obligations an of liability contained herein. The construQ1 veined by office that
Agmrne
sections relating thereto shall be go .. —
ice„ iA sal is located.
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
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
August 20, 2001
ENSR International
Attn: Richard A. Simon, Vice President
1220 Avenida Acaso
Camarillo, CA 93012-8738
Re: Professional Consulting Services Agreement
Dear Mr.
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323)826-1481
The insurance requirement has been satisfied. Transmitted herewith is
an original fully executed consulting services agreement for your file.
If you have any questions regarding this matter, please call Mr.
Kenneth DeDario at 323/583-8811 ext. 211.
Very truly yours,
Gloria J. osco
Chief Depu y City Clerk
CC: Kenneth DeDario
Resolution N
Agreement File No. 01-034
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
FAX (323) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
June 5, 2001
ENSR Corporation
Attn: Richard A. Simon, Vice President
1220 Avenida Acaso
Camarillo, CA 93012-8738
Re: Professional Consulting Services Agreement
Dear Mr. Simon:
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
In accordance with Section 11.D. of said agreement, you are to furnish
the City with proof of insurance as set forth in the Insurance
Schedule, Exhibit "C" of the agreement.
Please submit your proof of insurance to Joan Francone, Risk Manager,
for review and approval. Upon receipt of said documentation this
office will forward to you a fully executed duplicate original
agreement.
If you should have any questions please contact Joan Francone, at ext.
322.
Very my yours,
is J. 0 os o
Chief Depu City Clerk
GJO:ng
cc: Joan Francone
Kenneth DeDario
Agreement File No. 01-034
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
May 24, 2001
ENSR Corporation
Attn: Richard A. Simon
1220 Avenida Acaso
Camarillo, CA 93012-8738
Re: Agreement for Professional Consulting Services
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Dear Mr. Simon
Transmitted herewith are two original agreements that need to be
executed by your organization. Return both agreements to the
undersigned as soon as they have been signed.
You will receive an original copy of the agreement upon final and fully
execution by the City. -
If you have any questions, please call Mr. Kenneth DeDario at 323/583
8811 ext. 211.
V ry trul yours,
` 6
Gloria J. Orosco
Chief Deputy City Clerk
BJO:ng
CC: Resolution No. 7766