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Resolution No. 80541 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i 26 27 28 RESOLUTION NO. 8054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. THREE TO THE AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BY AND BETWEEN THE CITY OF VERNON AND PARSONS ENGINEERING SCIENCE, INC. 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 II capacity; and 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, on September 19, 2001, the City Council of the City of Vernon adopted Resolution No. 7831 approving and authorizing the execution of an Amendment No. One to the Agreement with Parsons; and WHEREAS, on January 22, 2002, the City Council of the City of Vernon adopted Resolution No. 7898 approving and authorizing the execution of an Amendment No. Two to the Agreement with Parsons; and WHEREAS, City staff has determined that the existing scope of services with Parsons needs to be expanded in order to complete the City's licensing requirements with the California Energy Commission ("CEC") and the South Coast Air Quality Management District ("SCAQMD") for the Project; and WHEREAS, the expanded scope of services by Parsons will also assist in establishing the City's old diesel Station A site as a historical landmark to support the proposed formation of a nonprofit 1 public charity to preserve the facility; and 2 WHEREAS, City staff believes that the additional work to be 3 undertaken by Parsons will provide environmental permit cost savings 4 to the City as a result of (i) revising the City's air permit 5 application submitted to the SCAQMD; (ii) purchasing less 6 environmental reduction credits; and (iii) revising emission estimates 7 resulting in lower emission factors; and 8 WHEREAS, in accordance with Sections 6 and 11.G of the 9 Agreement, the City of Vernon and Parsons desire to amend the 10 Agreement to incorporate changes to the scope of services and the 11 adjustment of compensation and completion time required therefor; and 12 WHEREAS, on September 3, 2002, the Finance Committee 13 recommended that the City Council approve the recommendation of Bruce 14 V. Malkenhorst, Director of Finance, dated August 22, 2002, that an 15 Amendment No. Three to the existing Agreement with Parsons be approved 16 and executed. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 18 CITY OF VERNON AS FOLLOWS: 19 SECTION 1: The City Council of the City of Vernon hereby 20 finds and determines that the recitals contained hereinabove are true 21 and correct. 22 SECTION 2: The City Council of the City of Vernon hereby 23 approves the Amendment No. Three to the Agreement for Professional 24 Consulting Services with Parsons, a copy of which is attached hereto 25 as Exhibit "A" and made a part hereof. 26 SECTION 3: The City Council of the City of Vernon hereby 27 authorizes the Mayor and the City Clerk to execute said Amendment for, 28 and on behalf of, the City of.Vernon. - 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 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send one fully executed Amendment to: Parsons Engineering Science, Inc. Attn. Krishna Nand, Ph.D., Q.E.P., Project Manager 100 W. Walnut Street Pasadena, CA 91124 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 4th day of September, 2002. ATTEST: IBRUCE V. MALKENHORST, City Clerk EONIS C. MA BURG, Mhyor - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8054, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, September 4, 2002, and thereafter was duly signed by the Mayor of the City of Vernon. (S EAL ) BRUCE V. MALKENHORST, City Clerk', - 4 - SUPPORTING DOCUMENTS EXHIBIT 0 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 NO. THREE TO THE AGREEMENT FOR THIS AMENDMENT NO. THREE 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 August, 2002, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN AND RECITALS 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 West Walnut Street Pasadena, CA 91124 WHEREAS, the City and Consultant are parties to an Agreement for Professional Services dated June 20, 2001 in connection with the proposed Malburg Generating Station Combined Cycle Power Plant (the "Project"); and WHEREAS, the.City and Consultant are parties to an Amendment No. One to the Agreement for Professional Consulting Services dated September 19, 2001 ("Amendment One") in connection with the Project; and WHEREAS, the City and Consultant are parties to an Amendment No. Two to the Agreement for Professional Consulting Services dated January 22, 2002 ("Amendment Two") in connection with the Project; and WHEREAS, the City and Consultant desire to amend the 1 2 3 4 5 6 7 E:l 9 10 11 12' 13 14 15 16 17 18 19 20 21! 22 23 24 25 26 27 28 Agreement to expand the existing scope of services provided by Consultant on the Project; and WHEREAS, the Utilities Department has identified that the additional work will complete the City's licensing requirements with the California Energy Commission ("CEC") and the South Coast Air Quality Management District ("SCAQMD") for the Project; and WHEREAS, the additional work being undertaken by Consultant will also establish the City's old diesel Station A site as a historical landmark to support the proposed nonprofit corporation to be formed as a public charity to preserve the facility; and WHEREAS, the City anticipates that some of the work performed by Consultant will result in a permit cost savings to the City; 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 11.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: In addition to the services outlined in the SCOPE OF SERVICES section in the Agreement, Amendment One and Amendment Two, Consultant shall be available to perform the services as detailed in Exhibit "A" which is attached hereto and incorporated herein by reference. Exhibit "A" identifies fourteen specific tasks. All such work tasks undertaken by Consultant shall be on an as -needed - 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 basis and shall be completed at the direction of the City. SECTION 2: In addition to the compensation to be paid to Consultant under the Agreement, Amendment One and Amendment Two, the City will pay Consultant on a time -and -materials basis, according to the hourly rates set forth in Table 5-2 of the Agreement, for tasks performed pursuant to Section 1 above. The total amount to be paid to Consultant under this Amendment No. Three shall not exceed Four Hundred Twenty Thousand Dollars and No Cents ($420,000.00) and the total amount paid to Consultant for each task shall not exceed the amount set forth in Exhibit "A" for each task. SECTION 3: In all other respects, the terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed by and through their authorized officers on the date, month and year first written above. CITY OF VERNON ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: EDUARDO OLIVO, City Attorney LEONIS C. MALBURG, Mayor PARSO ENG B y , _�j/r E wa`r� j Tit By: Tit EN9EA INC. 3 EXHIBIT A EXHIBIT "A" TO AMENDMENT NO. 3 PARSONS ENGINEERING SCIENCE, INC. SCOPE OF SERVICES 1) Revision of Geological resources and Geotechnical Studies $ 5,000.00 2) Revision of air permit application submitted to the SCAQMD with reduced SO2/SO3/PM,o rate (required to include the latest information from Alstom) $ 20,000.00 3) Revise NPDES Permits as requested by the CEC $ 15,000.00 4) Additional work on City's AFC to CEC $ 75 000.00 5) Performed Transportation analysis $ 5,000.00 6) Perform Historic Resources analysis for the reclaimed water pipeline route $ 50,000.00 7) Perform Hydrology Calculations $ 20,000.00 8) Perform Zip Code analysis for MGS workers $ 10,000.00 9) Revise and research Environmental Justice Issues relating to air issues $ 20,000.00 10) Prepare health risk assessments to include the existing black start generator $ 15 000.00 11) Revise SOx and PM10 emission estimates with lower emission factors $ 15,000.00 12) Water quality permits for AFC $ 50,000.00 13) Provide support for CEC workshops, meetings, and site visits $ 50,000.00 14) Project Management and Consultation through startup commissioning of the MGS $ 50,000.00 Total Labor Cost $400,000.00 ODC's (travel, reproduction, and communication costs) $ 20,000.00 Total Cost $420,000.00 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 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 September 23, 2002 Parsons Engineering Science, Inc. 100 W. Walnut Street Pasadena, CA 91124 Attn: Krisha Nand, Ph.D., Q.E.P., Project Manager 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 Re: Amendment No. Three to the Agreement for Professional Consulting Services Dear Ms. Nand: Transmitted herewith is a duplicate original copy of the above referenced contract approved by the Vernon City Council on September 4, 2002. If you have any questions regarding this matter, please call Mr. Kenneth DeDario at (323) 583-8811 ext. 211. Very truly yours, Gloria Oros Chief Deputy City Clerk NG/gm CC: Kenneth DeDario Resolution No. 8054 Agreement No. 02-069 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 August 14, 2002 ell CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 Mr. Bruce V. Malkenhorst City Administrator City Of Vernon 4305 Santa Fe Avenue Vernon, California 90058 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 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 Re: Malburg Generating Station ("MGS") Project: Authorization to Parsons Engineering Science, Inc. to Add Scope of Work Dear Bruce: I request your authorization to expand the existing scope of work of the City's contract with Parsons Engineering Science, Inc. (Parsons) for the Malburg Generating Station (MGS) Project. The total cost for this additional scope of services is $420,000. The Utilities Department has identified that the additional work will complete the City's MGS licensing requirements with the California Energy Commission (CEC) and the South Coast Air Quality Management District (AQMD). The additional work being undertaken by Parsons will also establish the City's old diesel Station A site as an historical landmark to support the proposed nonprofit corporation to be formed as a public charity to preserve the facility. Some of the work Parsons will undertake will provide environmental permit cost savings to the City in the approximate amount of $500,000. These savings result from revisions to the City's air permit application, submitted to the AQMD, and occur due to less environmental reduction credits (ERCs) being purchased by the City for PM10. Savings also accrue from 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 Finance Committee City of Vernon Honorable Members: if ice---- . r, CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 August 22, 2002 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 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 a The Director of Utilities is requesting that the existing Consulting Agreement with Parsons Engineering Science, Inc., be amended to provide environmental permit cost -savings and the completion of the City's Malburg Generating Station (MGS) licensing requirements with the California Energy Commission (CEC) and the South Coast Air Quality Management District (AQMD). This amendment will include additional work necessary to establish the City's old diesel site, Station A as a historical landmark to support the proposed nonprofit corporation to be formed as a public charity to preserve the facility. These services will be performed at an approximate cost of $420,000.00. This has been reviewed by the City's Legal Counsel and it is hereby recommended that an Amendment No. Three to the existing Consulting Services Agreement with Parsons Engineering Science, Inc., be approved and executed. Very truly yours, Bruce V. Malkenhorst Director of Finance BVM/gm Mr. Bruce V. Malkenhorst August 14, 2002 Page 2 revisions to the MGS Project's emission estimates for SOX and PMlo, resulting in lower emission factors. A breakdown of the additional scope of work is attached to this letter. I look forward to discussing this matter with you at your earliest convenience. Sincerely, Eric Fresch Legal Counsel EF:jl Enclosure cc: Eddie Olivo, City Attorney Ken DeDario, Director of Utilities Ramon Abueg, MGS Project Manager PARSONS ENGINEERING SCIENCE, INC. SCOPE OF SERVICES 1) Revision of Geological resources and Geotechnical Studies 2) Revision of air permit application submitted to the SCAQMD with reduced SO2/SO3/PMlo rate (required to include the latest information from Alstom) 3) Revise NPDES Permits as requested by the CEC 4) Additional work on City's AFC to CEC 5) Performed Transportation analysis 6) Perform Historic Resources analysis for the reclaimed water pipeline route 7) Perform Hydrology Calculations 8) Perform Zip Code analysis for MGS workers 9) Revise and research Environmental Justice Issues relating to air issues 10) Prepare health risk assessments to include the existing black start generator $ 5,000.00 $ 20, 000.00 $ 15, 000.00 $ 75, 000.00 $ 5,000.00 $ 50, 000.00 $ 20, 000.00 $ 10, 000.00 $ 20, 000.00 $ 15, 000.00 11) Revise SOx and PM10 emission estimates with lower emission factors $ 15,000.00 12) Water quality permits for AFC $ 50,000.00 13) Provide support for CEC workshops, meetings, and site visits $ 50,000.00 14) Project Management and Consultation through startup commissioning of the MGS $ 50,000.00 Total Labor Cost $400,000.00 ODC's (travel, reproduction, and communication costs) $ 20,000.00 Total Cost $420,000.00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151 16 17 18 19 20 21 22 23 24 25 26 27 28 AMENDMENT NO. THREE TO THE AGREEMENT FOR ,PROFESSIONAL CONSULTING SERVICES THIS AMENDMENT NO. THREE 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 August, 2002, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN RECITALS 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 West Walnut Street Pasadena, CA 91124 WHEREAS, the City and Consultant are parties to an Agreement for Professional Services dated June 20, 2001 in connection with the proposed Malburg Generating Station Combined Cycle Power Plant (the "Project"); and WHEREAS, the City and Consultant are parties to an Amendment No. One to the Agreement for Professional Consulting Services dated September 19, 2001 ("Amendment One") in connection with the Project; and WHEREAS, the City and Consultant are parties to an Amendment No. Two to the Agreement for Professional Consulting Services dated January 22, 2002 ("Amendment Two") in connection with the Project; and WHEREAS, the City and Consultant desire to amend the 1 Agreement to expand the existing scope of services provided by 2 Consultant on the Project; and 3 WHEREAS, the Utilities Department has identified that the 4 additional work will complete the City's licensing requirements with 5 the California Energy Commission ("CEC") and the South Coast Air 6 Quality Management District ("SCAQMD") for the Project; and 7 WHEREAS, the additional work being undertaken by 8 Consultant will also establish the City's old diesel Station A 9 site as a historical landmark to support the proposed nonprofit 10 corporation to be formed as a public charity to preserve the 11 facility; and 12 WHEREAS, the City anticipates that some of the work 13 performed by Consultant will result in a permit cost savings to 14 the City; and 15 WHEREAS, Section 6 of the Agreement allows for changes and 16 additions to the services to be performed by Consultant, the scope of 17 the Agreement and the adjustment of compensation and completion time 18 required thereof; and 19 WHEREAS, Section 11.G of the Agreement provides for 20 amendments and modifications to the Agreement. 21 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 22 FORTH HEREIN: 23 SECTION 1: In addition to the services outlined in the SCOPE 24 OF SERVICES section in the Agreement, Amendment One and Amendment Two, 25 Consultant shall be available to perform the services as detailed in 26 Exhibit "A" which is attached hereto and incorporated herein by 27 reference. Exhibit "A" identifies fourteen specific tasks. All such 28 work tasks undertaken by Consultant shall be on an as -needed - 2 - 1 basis and shall be completed at the direction of the City. 2 SECTION 2: In addition to the compensation to be paid to 3 Consultant under the Agreement, Amendment One and Amendment Two, the 4 City will pay Consultant on a time -and -materials basis, according to 5 the hourly rates set forth in Table 5-2 of the Agreement, for tasks 6 performed pursuant to Section 1 above. The total amount to be paid to 7 Consultant under this Amendment No. Three shall not exceed Four 8 Hundred Twenty Thousand Dollars and No Cents ($420,000.00) and the 9 total amount paid to Consultant for each task shall not exceed the 10 amount set forth in Exhibit "A" for each task. 11 SECTION 3: In all other respects, the terms and conditions 12 of the Agreement shall remain in full force and effect. 13 IN WITNESS WHEREOF, the parties have caused this Amendment 14 No. Three to be executed by and through their authorized officers on 15 the date, month and year first written above. 16 CITY OF VERNON 17 By: v 18 LEONIS C. MALB RG, May r ATTEST• 19 d� 20 BRUCE V. MALKENHORST, City Clerk 21 APPRO D AS TO FORM: 22 � 23 EDUARDO OLIVO, City ey 24 PARSON EE EN C ,)INC. 25 By: ward S M06 26 TitlEy; t04� 27 By: 28 P mela Ch�i¢n Title:_-4szst c{oa - 3 - EXHIBIT "A" TO AMENDMENT NO. 3 PARSONS ENGINEERING SCIENCE, INC. SCOPE OF SERVICES 1) Revision of Geological resources and Geotechnical Studies $ 5,000.00 2) Revision of air permit application submitted to the SCAQMD with reduced S02/SO3/PM,o rate (required to include the latest information from Alstom) $ 20,000.00 3) Revise NPDES Permits as requested by the CEC $ 15,000.00 4) Additional work on City's AFC to CEC $ 75,000..00 5) Performed Transportation analysis $ 5,000.00 6) Perform Historic Resources analysis for the reclaimed water pipeline route $ 50,000.00 7) Perform Hydrology Calculations $ 20,000.00 8) Perform Zip Code analysis for MGS workers $ 10,000.00 9) Revise and research Environmental Justice Issues relating to air issues $ 20,000.00 10) Prepare health risk assessments to include the existing black start generator $ 15,000.00 11) Revise SOX and PM10 emission estimates with lower emission factors $ 15,000.00 12) Water quality permits for AFC $ 50,000.00 13) Provide support for CEC workshops, meetings, and site visits $ 50,000.00 14) Project Management and Consultation through startup commissioning of the MGS $ 50,000.00 Total Labor Cost $400,000.00 QDC's (travel, reproduction, and communication costs) $ 20,000.00 Total Cost $420,000.00