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Resolution No. 7831i 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 WIN RESOLUTION NO. 7831 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 PARSONS ENGINEERING SCIENCE, INC. WHEREAS, on June 20, 2001, the City Council of the City of Vernon adopted Resolution No. 7790 approving and authorizing the execution of an Agreement for Professional Consulting Services (the "Agreement") with Parsons Engineering Science, Inc. ("Parsons"); and WHEREAS, the City of Vernon is in the process of developing the Malburg Generating Station Combined Cycle Power Plant (the 1"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 Application for Certification for submission to the California Energy Commission and a Permit to Construct application for submission to the South Coast Air Quality Management District 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 Parsons desire to amend the Agreement to incorporate changes to the scope of services and the adjustment of compensation and completion time required therefor; and 1 WHEREAS, by letter dated September 13, 2001, Bruce V. 2 Malkenhorst, City Administrator/City Clerk, has recommended that an 3 amendment to the Agreement be approved and executed. 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 5 CITY OF VERNON AS FOLLOWS: 6 SECTION 1: The City Council of the City of Vernon hereby 7 finds and determines that the recitals contained hereinabove are true 8 and correct. 9 SECTION 2: The City Council of the City of Vernon hereby 10 approves the Amendment No. One to the Agreement for Professional 11 Consulting Services with Parsons, a copy of which is attached hereto 12 as Exhibit "A" and made a part hereof. 13 SECTION 3: The City Council of the City of Vernon hereby 14 authorizes the Mayor and the City Clerk to execute said Amendment for, 15 and on behalf of, the City of Vernon. 16 SECTION 4: The City Council of the City of Vernon hereby 17 directs the City Clerk, or his designee, to send one fully executed 18 Amendment to: 19 Parsons Engineering Science, Inc. Attn. Krishna Nand, Ph'.D., Q.E.P., Project Manager 20 100 W. Walnut Street 21 Pasadena, CA 91124 22 23 24 25 26 27 28 2 - 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 THOMAS A. YBARR7A, Mayor Pro Tem 7 8 ATTEST: 9 10d/� 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 ) ss 2 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 7831, was duly adopted by the City Council of the City of Vernon at a 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 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 VA, ' 1 2 3 4 5 6 7 8 9 10 11 12 131 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMENDMENT NO ONE TO THE AGREEMENT FOR PROFESSIONAL CONSULTING SERVICE'S ­ THIS AMENDMENT NO. ONE TO THE AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this day of September, 2001, in the City of Vernon, County of Los.Angeles, California BY AND BETWEEN D THE CITY OF VERNON (hereinafter referred to as the "City") 4305 Santa Fe Avenue Vernon, CA 90058 PARSONS ENGINEERING SCIENCE, INC., a Unit of Parsons Infrastructure & Technology Group Inc. (hereinafter referred to as "Consultant") 100 W. Walnut Street Pasadena, CA 91124 RECITALS WHEREAS, the City and Consultant are parties to an Agreement for Professional Services dated on or about June 20, 2001 (hereinafter referred to as the "Agreement") in connection with the proposed Malburg Generating Station Combined Cycle Power Plant (the "Project"); and WHEREAS, circumstances have changed since the Agreement was executed; and WHEREAS, the City desires that the Project be considered under the California Energy Commission's "Expedited Permit" six (6) month permitting process in accordance with Section 25552 of the California Public Resources Code; and WHEREAS, City and Consultant desire to amend the Agreement to revise the scope of services and compensation provisions for the preparation of the Application for Certification ("AFC") for submission ' 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 to the California Energy Commission ("CEC") and a Permit to Construct application for submission to the South Coast Air Quality Management District ("SCAQMD") for the Project; and WHEREAS, Section 6 of the Agreement allows for changes and additions to the services to be performed by Consultant, the scope of the Agreement and the adjustment of compensation and completion time required thereof; and WHEREAS, Section ll.G of the Agreement provides for amendments and modifications to the Agreement. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: SECTION 1: Section 1 of the Agreement entitled SCOPE OF SERVICES is hereby amended to read as follows: Consultant shall perform the scope of services as detailed in Exhibit "A" which is attached hereto and incorporated herein by reference. In addition, Consultant will prepare and submit the responses to requests for data adequacy by the CEC after the AFC for the Project is submitted. SECTION 2: Section 2 of the Agreement entitled PROGRESS REPORTS is hereby amended to read as f.ollows: Consultant shall provide written progress reports, as requested by the City, in order to advise the City, as quickly as possible, of significant milestones or conclusions that will assist the City in making progress toward the completion of the AFC and the permitting 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. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3: Section 3 of the Agreement entitled TIME OF PERFORMANCE is hereby amended to read as follows: Consultant's services shall commence upon complete execution of the Agreement and shall continue until the Scope of Services as provided for in Section 1 hereinabove are completed, unless the Agreement is terminated. SECTION 4: Section 4 of the Agreement entitled COMPENSATION is hereby amended to read as follows: A. Consulting Costs. The City will compensate Consultant for assistance in the preparation of the AFC and the Permit to Construct as part of the CEC Siting Process pursuant to Consultant's cost estimate contained in Exhibit "A." The total amount to be paid to Consultant under this Agreement shall not exceed Two Hundred Eighty -Three Thousand Five Hundred Dollars and No Cents ($283, 500. 00) B. Other Expenses. The Consulting Costs identified in 4A above include the "Other Direct Costs" which are identified in Exhibit "A." Any other expenses not identified in the Proposal may only be billed if advance written approval has been obtained from the City Administrator. SECTION 5: In all other respects, the terms and conditions of the Agreement shall be renewed in its entirety. 3 1 2 3 4 5 6 7 8 9 10 11 12 131 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 PARSONS,,ENGINEERING SCIENCE, INC. B-Z • � •,err, IN - 4 - EXHIBIT 0 .'? . EXHIBIT "A" l OVERVIEW 2 3 The City of Vernon plans to install two combined cycle turbines with duct burners at its existing power plant. The total capacity of the 4 new installation will be approximately 140 MW gross (ISO). The City of Vernon must submit an Application for Certification (AFC) to the 5 California Energy Commission (CEC) and a Permit to Construct to the South Coast Air Quality Management District (SCAQMD). The City has 6 already completed and filed an AFC and a SCAQMD permit to construct application for two simple cycle turbines. These have been withdrawn. 7 However, some of the information contained in these documents can be used in the development of the combined cycle applications. 8 SCOPE OF WORK 9 10 Parsons proposes to perform the following scope of work: Task 1 - Prepare a Application for Certification (AFC) for a 140 MW 11 (ISO) combined cycle power plant to be located at the existing City of 12 Vernon Power Generating Station. Parsons will prepare the complete document and provide all copies for submittal to the CEC. This task 13 will include the preparation of the revised air quality, water quality, noise, and visual resources sections of the AFC. Parsons 14 will review the notice of deficiency prepared by the CEC for the simple cycle AFC to ensure that all pertinent items are contained in 15 the combined cycle AFC. 16 Task 2 - Prepare SCAQMD Permit to Construct application for the combined cycle power plant. The permit application will include all 17 required regulatory evaluations, modeling analyses, BACT analysis, offsets analysis, and appropriate permit applications forms (e.g., 400 18 A, Title V) . 19 COST 20 Parsons proposes to perform the above scope of work on a time and 21 material basis not to exceed $283,500. This includes all Other Direct Costs (ODCs) such as reproductions, travel, and subcontracts for 22 special studies. 23 24 25 26 27 28 EXHIBIT "A" SUPPORTING DOCUMENTS 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) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 Parsons Engineering Science, Inc. Attn: Krishna Nand, Ph.D., Q.E.P Project Manager 100 W. Walnut Street Pasadena, CA 91124 EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 September 24, 2001 Re: Amendment No. One to Existing Agreement Dear Ms. Nand: 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 Transmitted herewith is an original copy of a fully executed Amendment No. One, approved at the Vernon City Council meeting held September 19, 2001, to the existing Agreement approved June 20, 2001. If you have any questions regarding this matter, please call Mr. Kenneth DeDario at 323/583-8811 ext. 211. Very truly yours, CITY OF VERNON Gloria J. Or co Chief Deputy City Clerk GJO:ng CC: Kenneth DeDario Agreement File No. 01-044 06/20/01