Resolution No. 7830it
4 �
1
2
3
4
5
6
7
MIE
om
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
PJ*-A
RESOLUTION NO. 7830
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AMENDMENT NO. ONE TO THE AGREEMENT FOR PROFESSIONAL
CONSULTING SERVICES BY AND BETWEEN THE CITY OF
VERNON AND CARTER & BURGESS, INC.
WHEREAS, on May 23, 2001, the City Council of the City of
Vernon adopted Resolution No. 7767 approving and ratifying the
execution of an Agreement for Professional Consulting Services (the
"Agreement".) with Carter & Burgess, Inc. ("Carter & Burgess"); and
WHEREAS, the City of Vernon is in the process of developing
the Malburg Generating Station Combined Cycle Power Plant (the
"Project") for the purpose of installing additional generating
capacity; and
WHEREAS, the City of Vernon desires that the Project be
considered under the California Energy Commission's "Expedited Permit"
six (6) months permitting process in accordance with Section 25552 of
the California Public Resources Code; and
WHEREAS, because circumstances have changed since the
Agreement was executed, the scope of services and compensation
provisions for the preparation of the California Energy Commission
Japplication for the Project need to be revised; and
WHEREAS, in accordance with Sections 6 and ll.G of the
Agreement, the City of Vernon and Carter & Burgess desire to amend the
Agreement to incorporate changes to the scope of services and the
adjustment of compensation and completion time required therefor; and
WHEREAS, by letter dated September 13, 2001, Bruce V.
Malkenhorst, City Administrator/City Clerk, has recommended that an
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
amendment to the Agreement be approved and executed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Amendment No. One to the Agreement for Professional
Consulting Services with Carter & Burgess, a copy of which is attached
hereto as Exhibit "A" and made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Amendment for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Amendment to:
Carter & Burgess, Inc.
Attn. Jerry Gotlieb, Project Manager
216 Sixteenth Street Mall, Suite 1700
Denver, CO 80202-5131
- 2 -
` j •
1 SECTION 5: The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 19th day of September, 2001.
5
6
7 THOMAS A. YBAR , Mayor Pro Tem
8 ATTEST:
9
10
11 BRUCE V. MALKENHORST, City Clerk
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 3 -
1 STATE OF CALIFORNIA )
2 ) ss
COUNTY OF LOS ANGELES }
3
4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 7830, was duly adopted by the City Council of the City of Vernon at a
7 regular meeting of the City Council duly held on Wednesday,
8 September 19, 2001, and thereafter was duly signed by the Mayor Pro Tem
9 of the City of Vernon.
10 4
11
BRUCE V. MALKENHORST, City Clerk
12
13 (SEAL)
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4 -
EXHIBIT
A
1 AMENDMENT NO ONE TO THE AGREEMENT FOR
2
PMFESSIONAL CONSULTING SERVICE-9--
3 THIS AMENDMENT NO. ONE TO THE AGREEMENT FOR PROFESSIONAL
4 CONSULTING SERVICES is made, entered into and executed in duplicate
5 originals, either copy of which may be considered and used as the
6 original hereof for all purposes, as of this day of September,
7 2001, in the City of Vernon, County of Los Angeles, California
8 BY AND BETWEEN THE CITY OF VERNON
9 (hereinafter referred to as
the "City")
4305 Santa Fe Avenue
10 Vernon, CA 9QO58
11 AND CARTER & BURGESS, INC.
hereinafter referred
12 to as "Consultant")
15821 Ventura Blvd., Suite 465
13 Encino, CA 91436
14 RECITALS
15 WHEREAS, the City and Consultant are parties to an Agreement
16 for Professional Services dated May 23, 2001 (hereinafter referred to as
17 the "Agreement") in connection with the proposed Malburg Generating
18 Station Combined Cycle Power Plant (the "Project"); and
19 WHEREAS, circumstances have changed since the Agreement was
20 executed; and
21 WHEREAS, the City desires that the Project be considered under
22 the California Energy Commission's "Expedited Permit" six (6) month
23 permitting process in accordance with Section 25552 of the California
24 Public Resources Code; and
25 WHEREAS, City and Consultant desire to amend the Agreement to
26 revise the scope of services and compensation provisions for the
27 preparation of the California Energy Commission ("CEC") application for
28 the Project; and
1 WHEREAS, Section 6 of the Agreement allows for changes and
2 additions to the services to be performed by Consultant, the scope of
3 the Agreement and the adjustment of compensation and completion time
4 required thereof; and
5 WHEREAS, Section 11.G of the Agreement provides for
6 amendments and modifications to the Agreement.
7 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
8 FORTH HEREIN:
9 SECTION 1: Section 1 of the Agreement entitled SCOPE OF
10 SERVICES is hereby amended to read as follows:
11 Consultant shall perform the services outlined in its
12 original Proposal, attached to the Agreement as Exhibit "A. In
13 addition, Consultant shall perform the services outlined in the
14 August 27, 2001 Supplemental Proposal, .a copy of which is attached
15 hereto as Exhibit "B" and incorporated herein by reference. In the
16 event of a conflict between the Proposal, Supplemental Proposal and
17 this Agreement, the terms of this Agreement shall prevail.
18 SECTION 2: Section 3 of the Agreement entitled TIME OF
19 PERFORMANCE is hereby amended to read as follows:
20 Consultant's services shall commence upon signing of the
21 Agreement and shall continue until the Scope of Services as shown in
22 Exhibits "A" and "B" are completed, unless the Agreement is
23 terminated.
24 SECTION 3: Section 4 of the Agreement entitled COMPENSATION
25 is hereby amended to read as follows:
26
27
28
- 2 -
1 A. Consulting Costs. The amount to be paid to
2 Consultant for services rendered under Exhibit "A" of this Agreement
3 shall not exceed Five Hundred and Fifty Nine Thousand Dollars and No
4 Cents ($559,000.00). The amount to be paid to Consultant for services
5 rendered under Exhibit "B" of this Agreement shall not exceed Two
6 Hundred Fifty Thousand Dollars and No Cents ($250,000.00). The total
7 amount to be paid to Consultant under Exhibits "A" and "B" shall not
8 exceed the total of Eight Hundred Nine Thousand Dollars and No Cents
9 ($809, 000. 00) .
10 B. Travel Expenses. Up to six (6) round trips between
11 the City of Vernon and Denver are included in the price for services
12 provided under Exhibit "A." Additional trips in connection with
13 services provided under Exhibit "A" shall be invoiced to the City at
14 Consultant's cost. Travel expenses for services provided under
15 Exhibit "B" are not included in the price of services and shall be
16 invoiced to the City at Consultant's cost.
17 C. Other Expenses. Other expenses incurred by
18 Consultant may only be billed, if advance written approval from the
19 City is obtained.
20 SECTION 4: In all other respects, the terms and conditions
21 of the Agreement shall be renewed in its entirety.
22
23
24
25
26
27
28
- 3 -
1
2
3
4
5�
6
7
8
9
10
11
12I
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
IN WITNESS WHEREOF, the parties have caused this Amendment 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:
THOMAS A. YBARRA, Mayor Pro Tem
C ER & URGESS, NC.
By:_ .
uane M. 4ohnson
Title: Vice President
By:
Title:
- 4 -
EXHIBIT
is
after t urgess
EXHIBIT "B"
August 27, 2001
City of Vernon
Attn. Mr. Kenneth J. DeDario,
Director of Light & Power
4305 Santa Fe Avenue
Vernon, CA 90058
Fax: 323-583-1983
LTR-39
Reference: Added Scope of Work for Combined Cycle Efforts as Discussed
Dear Mr. DeDario;
216 Sixteenth Street Mall
Suite 1700
Denver, Colorado 80202-5131
Phone: 303.820.5202
Fax: 303.595.0833
C-B has reviewed the City's request to look at what resources it would take to support a
combined cycle CEC application date of mid -October, 2001 compared to our present scope and
schedule, which is predicated on a mid January, 2002 CEC submittal date.
The biggest impact will be in delaying the CC, EPC contract to concentrate on the CEC permit.
To support the application, C-B will have to increase the number of procurement packages above
that which is in our current scope. This will require additional project staffing.
In order to support the CEC application date submittal of mid October, all BOP equipment items
that have emission discharges (air and waste water) and/or chemical usage will need to be
purchased so that design data can be entered into the CEC application. This will require C-B to
speed up the purchase of the HRSG and STG, by sole source negotiation. Additionally, we will
need to place fast orders (again, sole source) for the water treatment plant, the chemical feed
module, the cooling tower and the condenser. Based on the CEC responses to the SC application,
we may also have to design and order the blow down tank and storage tanks earlier than we
would have anticipated. Additionally, CC application will require C-B to speed up activity in the
design of the BOP general arrangement and require the development of additional 3-D visual's
earlier than anticipated.
The additional procurement packages are:
1. Boiler water chemical treatment skids/Cooling Tower Chemical treatment skids
2. Reclaim water treatment skids
3. Cooling Tower
4. Condenser
Carter & Burgess, Inc. Carter & Burgess Consultants, Inc. Nixon &Laird Architects/Engineers, P.C. Nixon & Laird Architects/Engineers, Inc.
C&B Nevada, Inc. B - 1
Car ern urgess
5. Shop fabricated tanks
6. ASME Blow down Tank
7. HRSG SCR (or SCONOX System)
8. SCR Ammonia storage & delivery System
9. SCR Ammonia Vaporizer skid
The following additional engineering efforts are also required. Some of these were already in the
existing scope of work, However, please note that several different versions of the simple and
combined cycle equipment selection and size have already been completed to support the various
options that the City has asked C-B to complete.
1. Negotiations with HRSG/STG supplier
2. Additional Permit Support for combined cycle
3. Fire protection system design
4. Control system design
5. Waste system design
6. Site drainage/storm water system design
7. Reclaim water, (combined cycle raw water) water balance
8. Reclaim (Combined Cycle Raw water) Water System Design
9. Integration of existing cooling tower and diesel engine operation
10. Combined Cycle Rendering
11. Combined Cycle KOP
12. Updated general arrangement and elevation with new vendor information
13. Revise and add combined cycle P&IDs
14. Revise the electric one -line diagram
15. Revise System Description for combined cycle
Carter & Burgess, Inc. Carter & Burgess Consultants, Inc. Nixon & Laird Architects/Engineers, P.C. Nixon & Laird Architects/Engineers, Inc. C&B Nevada, Inc.
B — 2
Carter"Burgess
16. Revise Design Basis document for combined cycle
17. Revise the project schedule for current combined cycle size and scope
18. Revise the project cost estimate for the current combined cycle size and scope
1.9. Update EPC Contractor bid list for combined cycle
20. Prepare new EPC combined cycle RFQ
21. Assist the City in issuing, awarding and negotiating the combined cycle EPC RFQ.
C-B continues on its path to getting a general contractor on -board, in sufficient time to detail
design the project, purchase the remaining equipment and material and do the installation work,
but this will be somewhat delayed because of all the CEC application activities.
In order to support the faster approach to CC application to the CEC, C-B will need to add an
additional 4 FTE engineers/designers. This will be somewhat inefficient since it will entail
getting new people up to speed. The maximum -not -to -exceed cost to implement these activities
is $250,000 above our current contract maximum -not -to -exceed amount. C-B will email to the
City, tomorrow, 8/28/01, the existing contract, revised to include this letter for the scope
addition, as well as increasing the maximum -not -to -exceed price by $250,000.
We appreciate this opportunity and look forward to working with you. If you have any
questions, please contact us.
Sincerely,
Carter & Burgess, Inc.
Jerry Gotlieb, PE,
Manager, PM/CM
Carter & Burgess, Inc. Carter & Burgess Consultants, Inc. Nixon & Laird Architects/Engineers, P.C. Nixon & Laird Architects/Engineers, Inc. C&B Nevada, Inc.
B - 3