Resolution No. 81461
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
RESOLUTION NO. 8146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
CONTRACT FOR NOISE CONTROL STUDIES BY AND BETWEEN
THE CITY OF VERNON AND PARSONS ENGINEERINGSCIENCE,
INC. FOR THE MALBURG GENERATING STATION PROJECT
WHEREAS, the City of Vernon ("City") is proceeding at this
time to develop a 134 MW Combined Cycle Power Plant officially named
the Malburg Generating Station (the "Malburg Project") for the purpose
of installing additional generating capacity that will yield an
efficient, cost-effective, and reliable source of electric generation
to the City of Vernon's constituents; and
WHEREAS, on June 20, 2001, the City Council of the City of
Vernon adopted Resolution 7790 approving a contract, as amended, with
Parsons Engineering Science, Inc. for assistance in meeting the
licensing requirements of the California Energy Commission and the
South Coast Air Quality Management District for the Malburg Project;
and
WHEREAS, the City has determined that it needs the services
of a consultant that possesses the technical knowledge and expertise toi
perform noise control studies in connection with the Malburg Project to
ensure compliance with the Noise Element of the Vernon General Plan;
and
WHEREAS, City staff have determined that, as a result of the
past services provided by Parsons Infrastructure & Technology, Inc.,
formerly Parsons Engineering Science, Inc., ("Parsons") for the Malburg
Project, it should be able to more efficiently and effectively provide
the services now required by the City; and
1I,
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
WHEREAS, by letter dated January 30, 2003, Bruce V.
Malkenhorst, City Administrator/City Clerk, has recommended that a
consulting services agreement with Parsons for Noise Emission Control
Studies be approved and executed; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into a contract with Parsons setting forth the
terms and conditions for the performance of noise control studies for
the Malburg Project to enhance services provided to the Vernon
community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement for Consulting Services Regarding Noise Control
Studies, with Parsons Infrastructure & Technology, Inc., a copy 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 Agreement 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
Agreement to:
Parsons Infrastructure & Technology, Inc.
Attn. Krishna Nand, Ph.D., Q.E.P., Associate
100 West Walnut Street
Pasadena, CA 91124
- 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 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 5th day of February, 2003.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
T
40�EONIS C. MALBtRG, Ma or
- 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 8146, 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, February 5,',
8 2003, and thereafter was duly signed by the Mayor of the City of
9 Vernon.
10 � A
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
FAA
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
AGREEMENT FOR
CONSULTING SERVICES REGARDING NOISE CONTROL STUDIES
THIS AGREEMENT FOR 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
5th day of February, 2003, in the City of Vernon, County of Los
Angeles, California
BY AND BETWEEN THE CITY OF VERNON (hereinafter
referred to as "City")
4305 Santa Fe Avenue
Vernon, CA 90058
AND PARSONS INFRASTRUCTURE &
TECHNOLOGY, INC. (hereinafter
referred to as "Consultant")
100 West Walnut Street
Pasadena, CA 91124
RECITALS
WHEREAS, City is constructing the Malburg Generating Station
Combined Cycle Power Plant (the "Project"); and
WHEREAS, City and Consultant are parties to an Agreement for
Professional Consulting Services in connection with the Project; and
WHEREAS, City requires a Consultant to perform noise control
studies in connection with the Project; and
WHEREAS, Consultant has provided City with a Scope of Work,
Cost Estimate and Schedule for Noise Control Studies, Malburg Generation
Station Project, dated January 20, 2003 ("Proposal") for such services
and has advised City that it is capable of providing such services to
City; and
WHEREAS, due to Consultant's experience with the Project and
1 based upon its Proposal and experience, City desires to enter into
2 this Agreement with Consultant.
3 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
4 FORTH HEREIN:
5 1. SCOPE OF WORK.
6 Consultant shall provide the services identified in five
7 tasks set forth in the Scope of Work section of the Proposal which is
8 attached hereto as Exhibit "A" and incorporated herein by this
9 reference.
10 2. COMPENSATION.
11 City shall pay Consultant on a time and materials basis
12 pursuant to the rate schedule attached as Exhibit "B" and incorporated
13 herein by reference. Consultant shall complete each of the six Project
14 Phases identified in the Cost Proposal portion of the Proposal (page 5
15 of Exhibit "A") and incorporated herein by reference, for the not-to-
16 exceed cost estimate identified for each Project Phase. Consultant
17 shall be required to perform the entire Scope of Work, including all
18 Project Phases, for a total price that shall not exceed One Hundred
19 Seventeen Thousand Dollars and No Cents ($117,000.00).
20 3. TIME OF PERFORMANCE.
21 Consultant's services shall commence upon complete execution
22 of the Agreement and shall continue until the Scope of Services to be
23 provided are completed, unless the Agreement is terminated.
24 4. 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 City. Invoices shall contain an
28 itemization of services rendered and directly related job expenses for
2 _
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16'
17
18
19
20
2' 1
22
23
24
25
26
•2 7
28
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 City within thirty (30) days of receipt. City's
approval of the invoice shall not be unreasonably withheld. If City
disputes any portion of Consultant's invoice, City shall pay the
undisputed portion of such invoice as provided herein and shall
promptly notify Consultant of the amount in dispute and the reason
therefor. City and Consultant shall meet within seven (7) days to
resolve any differences in Consultant's invoice and the agreed upon
balance due shall be paid promptly by City.
5. CHANGES AND EXTRA SERVICES.
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 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.
6. PRODUCTS OF CONSULTING.
All documents, data, databases, studies, surveys, drawings,
maps, models, photographs and reports prepared by Consultant under this
Agreement shall be considered the property of City. Such documents and
materials shall be delivered to City by Consultant as they are
generated; however, Consultant may take and retain copies of such
- 3 -
1 documents and materials as desired.
2 7. Termination. This Agreement may be terminated by
3 City without cause on ten (10) days written notice to Consultant. In
4 the event of such termination by City, Consultant shall be entitled to
5 only the compensation earned by it prior to the date of the termination
6 notice, plus compensation for necessary work performed during the ten
7 (10) day notice period and authorized in the termination notice.
8 8. NOTICES. Notices to the parties, unless otherwise
9 requested in writing, shall be sent to:
10
City: THE CITY OF VERNON
11 ATTN: BRUCE V. MALKENHORST
12 CITY ADMINISTRATOR
4305 SANTA FE AVENUE
13 VERNON, CA 90058-0805
14
Consultant: PARSONS INFRASTRUCTURE & TECHNOLOGY, INC.
15 ATTN: KRISHNA NAND, PH.D., Q.E.P., ASSOCIATE
16 100 WEST WALNUT STREET
PASADENA, CA 91124
17
18 9. CONFIDENTIAL INFORMATION.
19 A. Access to Confidential Information. City may
20 provide Consultant with, or allow Consultant access to, certain
21 information not available to the public concerning City, or businesses
22 located in City. The information may include company information,
23 taxes, sales, value of assets, or other such information. All such
24 information shall be known as "Confidential Information."
25 B. No Disclosure. Except as expressly permitted,
26 Consultant shall not disclose, permit the disclosure of, release,
27 disseminate, or transfer, whether orally or by any other means, any
28 part of such Confidential Information to any other person or entity,
4 -
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
19
20
21
22
23
24
25
26
27
28
whether corporate, governmental, or individual, without the express
prior written consent of an authorized representative of City.
Consultant shall return any written Confidential Information and all
copies made of such items to City upon City's written request, but in
any event not later than the date that Consultant has performed all
services to be performed pursuant to this Agreement. Consultant hereby
agrees that such Confidential Information and any documents provided
may be used by Consultant only as authorized by the City. Consultant
Ishall take reasonable measures to avoid any disclosure of
any such Confidential Information to any unauthorized person.
C. Court Ordered Disclosure. Consultant shall
immediately notify 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, 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, City would have no
adequate remedy at law.
10. 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 City. City shall have the right to
- 5
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
control Consultant only insofar as the results of Consultant's services
rendered pursuant to this Agreement; however, 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.
B. Consultant Not Agent. Except as City may specify
in writing, Consultant shall have no authority, express or implied, to
act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, expressed or implied,
pursuant to this Agreement to bind City to any obligation whatsoever.
C. Indemnification. Consultant shall indemnify,
defend, protect and hold City and its officers, agents and employees,
free and harmless from and against any and all claims, demands, losses,
damages, liabilities, fines, charges, penalties, orders, judgments and
all costs and expenses incurred in connection therewith, including
reasonable attorney's fees and costs of defense arising out of the
negligent services performed under this Agreement, except to the extent
arising from or caused by the negligence or willful misconduct of City,
its officers, agents or employees.
D. Insurance. Prior to commencing work hereunder,
Consultant shall provide City with proof of insurance providing and
maintaining the coverages and endorsements set forth in the Insurance
Schedule attached hereto as Exhibit "C" and made a part hereof by
reference. Said proof of insurance shall also provide that said policy
or policies shall not be canceled or materially reduced in coverage
without giving at least thirty (30) days prior written notice to City.
Consultant shall not permit a subcontractor or vendor to perform work
Ion City premises unless and until a certificate of insurance is
- 6 -
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
obtained showing that such subcontractor or vendor has
worker's compensation coverage.
If Consultant employs subcontractors as part of the
services rendered, Consultant's protective coverage.is required.
Consultant may include all subcontractors as insureds under its own
policy or shall furnish separate insurance for each subcontractor,
meeting the requirements set forth herein.
E. Governing Law. The validity, interpretation and
performance of this Agreement shall be controlled and construed under
the laws of the State of California.
F. Assignment and Subcontracting Prohibited. No
party to this Agreement may assign or subcontract any right or
obligation pursuant to this Agreement except with the express written
consent of the other party. Any other attempted or purported
assignment of any right or obligation pursuant to this Agreement shall
be void and of no effect.
G. Amendments. This Agreement may be modified or
amended only by a written document executed by both Consultant and the
City and approved as to form by the City Attorney.
H. Entire Agreement. This Agreement is the entire
agreement of the parties. Consultant represents that in entering into
this Agreement, it has not relied on any previous representations or
understandings of any kind or nature. It is understood and agreed that
in the event of a conflict between the Proposal and this Agreement, the
terms of this Agreement shall prevail.
I. Benefit of Agreement. This Agreement shall bind
and benefit the parties hereto and their heirs, successors, and
permitted assigns.
- 7 -
1
2''
3i
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
J. Forum Selection. Any action brought relating to.
this Agreement shall be brought and held exclusively in a State Court
in the County of Los Angeles, California.
K. Recitals. All recitals are incorporated by
Ireference.
L. Waiver. Any waiver at any time by either party
of its rights with respect to a default under this Agreement, or with
respect to any other matters arising in connection with this Agreement,
shall not be deemed a waiver with respect to subsequent default or
other matter.
M. Force Maieure. Neither Party shall be considered
to be in default in any of its obligations under this Contract when a
failure of performance shall be due to an uncontrollable force. The
term "uncontrollable force" shall mean any cause beyond the control of
the party affected, including, but not restricted to, flood,
earthquake, storm, fire, lightening, epidemic, war, riot, civil
disturbance or disobedience, labor dispute, labor material shortage,
sabotage, federal, state, or municipal action,
statute, ordinance, or regulation, embargoes of the United States
Government or any other government, which by exercise of due diligence
such party could not reasonably have been expected to avoid and by
exercise'of due diligence has been unable to overcome. Either party
rendered unable 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.
N. Waiver of Consequential Damages. In no event
- 8 -
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
shall Consultant or its subcontractors or vendors of any tier be liable
in tort, strict liability, warranty, or otherwise for any special,
indirect, incidental or consequential damages, such as but not limited
to, loss of product, loss of use of the equipment or system, loss of
anticipated profits or revenue, non -operation or increased expense of
operation of other equipment of systems, cost of capital, or cost of
purchased or replacement equipment or systems.
O. Warranty. Consultant warrants that the services
to be rendered pursuant to this Agreement shall be performed in
,accordance with the standards customarily provided by an experienced
and competent professional engineering organization rendering the same
or similar services. Consultant shall reperform any of said services
which were not performed in accordance with this standard provided that
consultant is notified in writing of the nonconformity within sixty
(60) days after the completion of the nonconforming service.
Consultant will perform the remedial services at its own cost. Except
as hereinafter provided in respect to personal injury or property
damage, the foregoing are Consultant's entire responsibilities and
City's exclusive remedies for services rendered or to be rendered
hereunder, and no other warranties, guarantees, liabilities or
obligations are to be implied. This section shall not apply to any
willful conduct by Consultant, its subcontractors or agents.
9 -
1
IN WITNESS WHEREOF, the
parties have caused this Agreement to
2
be executed by
and through their
authorized officers on the date, month
3
and year
first
written above.
4
5
CITY OF VERNON
6
7
By:
8
LEONIS C. MALBURG, Mayor
9
ATTEST:
10
11
12
BRUCE V.
MALKENHORST, City Clerk
13
14
15
APPROVED
AS TO
FORM:
16
17
EDUARDO
OLIVO,
City Attorney
18
19
PARSONS INFRASTRUCTURE &
TECHNOLOGY, INC.
20
21
By:
22
Title: SY-_ V tc� &--eSe11-,tjj=
23
24
By:
25
Title: - Str,1-eAtAM
26
27
28
- 10 -
EXHIBIT A
MX NU. 562 869 1883 P. 01
Noise Control Studies Malburg Generating Station Project
SCOPE OF'WORK, COST ESTIMATE,
AND SCHEDULE
FOR
NOISE CONTROL STUDIES
MALDURG GENERATING STATION PROJECT
JANUARY 20, 2003
(': \WINI}t)�'U ,\1'fh1P\P;irson; Scopc and Cost Noisc.doc
1
uJ - C- i r i I uL t vu 6 rLrlat:FNC 1 A ' FAX NO. 562 869 1883 P. 02
Noise Control Studies - Malburg Generating Station Project
SCOPE OF WORK
l'.irsc���s is proposing to perform the following five tasks as part of the noise control
studies for the Malhurg Generating Station (MGS) Project:
Task 1 AMBIENT SURVEY AND DOCUMENT REVIEW
The Malburg Generating Station will be a combined cycle power plant located in
the City of Vernon. The purpose of our efforts will be to assist in the design of the plant
to insure noise compatibility with the surrounding environment. The existing CNEL will
be measured over a period of days at the Project boundaries and several of the nearest
noise sensitive receptors surrounding the Project site. Multiple days of noise
measurements at each site will insure an adequate representation of the existing
background noise in the surrounding area. Recommendations for appropriate noise
criteria will be developed from the existing noise measurements in consideration of the
Zoning Ordinance and Noise Element criteria in the Cities of Vernon and Baldwin Park.
An ambient noise survey report will be issued summarizing the results of the
measurements and recommendations for finalizing the Project noise limit criteria.
Task 2 DESIGN EFFORTS
They power plant noise will be analyzed with a highly sophisticated, computer -
based, three --dimensional noise model that will be used to predict operational noise
levels of the power plant at boundary locations and sensitive receptor positions. In
addition, noise contours tines will be developed and graphically presented for the power
Plant's operational levels in the surrounding community. The predicted noise levels will
be based on the following three sources: (1) actual octave -band measurements of a
currently operating Alstom X100 combustion gas turbine, a similarly sized Marley
cooling tower, and other similar equipment at existing power plant(s); (2) noise
performance guarantees from the equipment vendors; and (3) Parsons extensive noise
database of power plant equipment. The 3-D model will take into account propagation
effects such as noise shielding, reflections, and absorptionlamplification of noise caused
by structures, buildings and atmospheric conditions that occur in the project vicinity.
The measured background noise will be combined together with the Project noise to
develop the total CNEL noise impact at selected points of interest.
The total noise level at each location of interest (boundary and community) will
be broken down by specific source (individual plant equipment) and rank ordered in
terms of its noise contribution, This will assist in deciding the best and most economical
approach for selecting noise control measures. The noise analysis, including contours,
predicted levels, rank orders, assumptions, and the needed amount of noise reduction
will be provided in a preliminary noise analysis report to indicate the impacts according
to tho equipment that has been purchased by the City.
Noise control measures will be investigated and considered for their
effectiveness and economic feasibility in meeting the noise criteria at each location of
(::\WIND(')WS\T'I"MP\f'acsons Scope and Cost Noise.doc
fit uL t vu & rLM)UtrNU t H FAX NO 562 869 1883 P. 03
Noise Control Studies _ Malburg Generating Station Project
interest, The noise impact at a specific location is a composite of many plant noise
sources, and in most cases, the highest noise contributing equipment at each location
of interest will be treated first to achieve compliance with the noise criteria. However in
some cases, it may be desirable to acoustically treat several smaller sources, which
may have an easier and more economical solution for noise control than one or two of
the largest sources. Several "what if' noise control scenarios will be presented to the
plant design team so that the best and most cost-effective solution can be selected.
Expectod noise control options that will be considered may include (but are not limited
to) noise barriers, acoustic silencers and mufflers, partial or full equipment enclosures,
sound absorptive panels, acoustic design modifications, variable speed motors,
appropriate selection of cooling tower fan blade size, speed, and pitch, active noise
control (electronic noise cancellation), and equipment orientation for optimal directivity.
The 3-D noise model will be run with different noise control measures in place to predict
the mitigated noise levels. After the design team has selected a final solution of noise
control measures, a final set of predicted noise levels and noise contours will be
provided in a final design report
Task 3 NOISE TESTING METHODOLOGY
The final selection of noise control measures will be carefully specified according
to egWpment noise limits and acoustical performance ratings on noise control materials.
A completo and thorough set of noise control specifications will be provided which
would clearly spell out performance requirements, and noise test requirements to
demonstrate compliance. A procedure for conducting the noise tests will be provided
which will allow the City to insure that the equipment can be verified for the noise
Performance. The document will also discuss potential remedies for equipment that fail
to meet the vendor's guaranteed noise performance.
Vendors however, have been known to "pass the buck" of responsibility on noise
guarantees, especially in power plants where it can be difficult to accurately measure
the noise level of a single source that is operating dependently with other equipment in
the immediate area. Ideally, each piece of equipment would need to be operated
independently of all other equipment, so that the noise performance of each piece of
equipment can be verified. This is often not possible in power plants. However, with
Parsons' high technology "Sound Intensity" measurement system, individual equipment
noise levels can be accurately measured in the presence of several other noise
sources. This system will be employed in the verification noise -testing phase of the
Project so that the vendor's noise guarantees are truly verifiable and held financially
responsible for remedlation if necessary.
Task 4 CONSTRUCTION ADMINISTRATION
Written statements will be issued to respond to requests for clarifications,
submittal reviews, and modification requests. Site visits will be made and all noise
control design featLires of the plant will be inspected during the construction process for
correctness of the product according to the specifications, product installation or
CAW1ND0WS\TGNfP\PjtrS<,rts Scope and Cost Noise.doc 3
It UL 1 VU -ix r LHa1JCNU i H ` h AX NO. 562 869 1883 P. 04
Noise Control Studies - Malburg Generating Station Project
implementation. Any necessary design modifications that are required due to
construction constraints will be evaluated to ensure that the noise control performance
is maintained.
Task 5 VERIFICATION NOISE TESTING
Upon completion and start-up of the power plant, in -plant noise levels will be
individually verified for each piece of equipment at the specified distances (close in) and
at the property boundaries and locations of interest in the surrounding community. The
test method will be according to the specified test procedures developed during the
design phase. A final test report will be submitted showing the results of all measured
equipment noise levels, boundary noise levels, and community noise levels. If any
equipment is found to be incompliant with the specifications and guaranteed levels,
corrective measures will be recommended.
CAWIND0WS\"I'i Mr'\Parsons Scope and Cost Noisc.clpc
E
" ... It UL i v U Of. r Lh0Ur- (;1 H t: AX NO, 562 869 1883 P. 05
1V $c Control Studies - Malburg Generating Station Project
C()ST t'fMPOSAL
Piroect Pi�asi Not -To -Exceed
Cost Estimate
1 Survey, Document Review, $15,000
Establishing final Criteria
2 — Design Efforts
3 -- Noise 'resting Methodology
4 — Construction Administration
5 — Verification Noise Testing
6 — Project Management
Estimated Total Costs
C:\W�NI)UWS�'i'[iMI'\I'ar w�5 Scopc 1111d Cost Noiso.doc
$40,000
$4,000
$24, 000
$24,000
$10,000
$117,000
61
�ti wuu i uL uu cU Fit UL 1 VU & rLHJI:tN(:Ifi "
FAX NO. 562 869 1883 P. 06
t
(D
as
0
o
O
C
O
N
• c
'C O
cuicf�c
p
Q ,0
O Co
Clcto
_0
a) z asCD c
0' E
z LL
>
a) 0
C Ew=
0
t:3�
0
Q� 0.Q.a)
�.a►ma�a
�
a)d 3 N
c XX 'o
LLJ
N
ofca
oWZ
c
R
a 0 i U
-a
j c 4N 0
0 o
❑
Cj Q)
0 O
C0Eca
W
c
v) c.
c
ca Wes'
O
b>zE
ii
z
o
016
o
A)
P
H
La)
> E
Q'�
E a
�.
cn N
oQoi�4�i
0 ~
c
IL
O )
O
U) C:
♦♦ ��
V!
z
to
•�
t5
W
w. C�1
a C
U
z
> N
i
C)
Q)
Q1
U-
a�
O C:
o
U
o
c
co
.O
Cl? W
N
O
b (0)
c
CL
o E
o
b G U
o �
to U O
4;aEcLv
0 0 o
o,
a -C o
am
m (0
CL y
�.
(L E 8
.3
C+)
c2�
E
O
N
c
0
ca
0
O
U
ki
N
LD � Q
z E Iz
a)
E I—
Q a a�
W w z
i
a�
I—
U
C
co
Q O
OO
� 0
zz
aci c
5E
W U
t•7
Lo
M
8
U
�L III uLtvu ot rLHOULNUtH ` FAX NO. 562 869 1883 P. 07
Noise Control ,Studies .- Marburg Generating Station Project Page 7
CAWINDOWS\117MMI'mons SCVC and Cost Noisc.doc
7
EXHIBIT B
ul 'cuuj l.uc uu . au rn UL I VU & NLASCENC I A FAX N0, 562 869 1883 P, 01
Table S-z
hate Schedule for the Project Team Members
Name of the Project Tcam Meeiber
Tlonrly Rate
Charles Botsford Y
$125
hnshrl,-► Nand
—_ ,.. _.........� _.
Rauajit Salta
$125
$105
'ragl'1'r.u�quill
James Koi�nutni�
� $115
Angola Schnapls
$68
Steve Hernandez �
$76
Intlabi Nomen Tw
$68
Mclisu Krance
$50
ran NIIycn _
$60
C:�'c�asnis\Vcmon�SCC"(IOhIS.� 5
-2
4116101
EXHIBIT C
.a • a�• � a • �f a a� • a a � h• 4
1
2
3
4
5
6
7
M1
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT C
INSURANCE SCHEDULE (CONSULTANT)
Consultant shall provide proof of insurance, including a standard certificate of insurance, in at least the
following amounts and coverage (combined single limit permitted):
I Coverage and Limits
Bodily Injury Property Damage
Hazards Each Person Each Accident Each Accident
Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 $ 500,000
Non -Owned Automobiles $ 500,000 $1 000 000 $ 500,000
Workers' Compensation $ Statutory
Employers' Liability $1 000.000 per employer
II. General and Professional Liability
General Liability
$1,000,000
$2,000,000
$1,000,000
Premises Operations
$1,000,000
$2,000,000
$1,000,000
Elevators (If applicable)
$1,000,000
$2,000,000
$1,000,000
Independent Contractors
$1,000,000
$2,000,000
$1,000,000
Products- Completed Operations
$1,000,000
$2,000,000
$1,000,000
Contract Liability
$1 000 000
$2 000 000
$1,000,000
Professional Liability
$2 000 000
$2 000 000
$2,000,000
a. The general liability policy shall contain the following special endorsements which shall be noted on or
attached to the standard certificate of insurance:
l : An endorsement naming the City of Vernon, its officers, and employees as additional insureds under
the policy.
2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
3. An endorsement providing coverage for all operations under this Agreement.
4. Such other endorsement as may be required by addendum hereto.
b. In addition to the standard certificate of insurance, proof of general and professional liability coverage
shall be furnished in the form checked below. Certification of the following proofs by the insurance
agent or broker will not be accepted:
ted:
X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and
statements in the standard certificate of insurance (attached thereto) are true and correct and that
the signator is an officer authorized to so certify.
A copy of each policy certified by an officer of the underwriter or carrier and notarized.
EXHIBIT "-C
SUPPORTING
DOCUMENTS
AGREEMENT FOR
CONSULTING SERVICES REGARDING NOISE CONTROL STUDIES
THIS AGREEMENT FOR 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
5`hday of February, 2003, in the City of Vernon, County of Los Angeles,
California
BY AND BETWEEN THE CITY OF VERNON (hereinafter
referred to as "City")
4305 Santa Fe Avenue
Vernon, CA 90058
AND PARSONS INFRASTRUCTURE &
TECHNOLOGY, INC. (hereinafter
referred to as "Consultant")
100 West Walnut Street
Pasadena, CA 91124
RECITALS
WHEREAS, City is constructing the Malburg Generating Station
Combined Cycle Power Plant (the "Project"); and
WHEREAS, City and Consultant are parties to an Agreement for
Professional Consulting Services in connection with the Project; and
WHEREAS, City requires a Consultant to perform noise control
studies in connection with the Project; and
WHEREAS, Consultant has provided City with a Scope of Work,
Cost Estimate and Schedule for Noise Control Studies, Malburg Generation
Station Project, dated January 20, 2003 ("Proposal") for such services
and has advised City that it is capable of providing such services,to
City; and
WHEREAS, due to Consultant's experience with the Project and
2
3I
4I,
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20'
21
22
23
24
25
26
27.
28
based upon its Proposal and experience, City desires to enter into
this Agreement with Consultant.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
1. SCOPE OF WORK.
Consultant shall provide the services identified in five
tasks set forth in the Scope of Work section of the Proposal which is
attached hereto as Exhibit "A" and incorporated herein by this
reference.
2. COMPENSATION.
City shall pay Consultant on a time and materials basis
pursuant to the rate schedule attached as Exhibit "B" and incorporated
herein by reference. Consultant shall complete each of the six Project
Phases identified in the Cost Proposal portion of the Proposal (page 5
of Exhibit "A") and incorporated herein by reference, for the not -to -
exceed cost estimate identified for each Project Phase. Consultant
shall be required to perform the entire Scope of Work, including all
Project Phases, for a total price that shall not exceed One Hundred
Seventeen Thousand Dollars and No Cents ($117,000.00).
3. TIME OF'PERFORMANCE.
Consultant's services shall commence upon complete execution
of the Agreement and shall continue until the Scope of Services to be
provided are completed, unless the Agreement is terminated.
4. 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 City. Invoices shall contain an
itemization of services rendered and directly related job expenses for
- 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
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 City within thirty (30) days of receipt. City's
approval of the invoice shall not be unreasonably withheld. If City
disputes any portion of Consultant's invoice, City shall pay the
undisputed portion of such invoice as provided,herein and shall
promptly notify Consultant of the amount in dispute and the reason
therefor. City and Consultant shall meet within seven (7) days to
resolve any differences in Consultant's invoice and the agreed upon
balance due shall be paid promptly by City.
5. CHANGES AND EXTRA SERVICES.
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 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.
6. PRODUCTS OF CONSULTING.
All documents, data, databases, studies, surveys, drawings,
maps, models, photographs and reports prepared by Consultant under this
Agreement shall be considered the property of City. Such documents and
materials shall be delivered to City by Consultant as they are
generated; however, Consultant may take and retain copies of such
- 3 -
i
"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
documents and materials as desired.
7. Termination. This Agreement may be terminated by
City without cause on ten (10) days written notice to Consultant. In
the event of such termination by City, Consultant shall be entitled to
only the compensation earned by it prior to the date of the termination
notice, plus compensation for necessary work performed during the ten
(10) day notice period and authorized in the termination notice.
8. NOTICES. Notices to the parties, unless otherwise
requested in writing, shall be sent to:
City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
Consultant: PARSONS INFRASTRUCTURE & TECHNOLOGY, INC.
ATTN: KRISHNA NAND, PH.D., Q.E.P., ASSOCIATE
100 WEST WALNUT STREET
PASADENA, CA 91124
9. CONFIDENTIAL INFORMATION.
A. Access to Confidential Information. City may
provide Consultant with, or allow Consultant access to, certain
information not available to the public concerning City, or businesses
located in City. The information may include company information,
taxes, sales, value of assets, or other such information. All such
information shall be known as "Confidential Information."
B. No Disclosure. Except as expressly permitted,
Consultant shall not disclose, permit the disclosure of, release,
disseminate, or transfer, whether orally or by any other means, any
part of such Confidential Information to any other person or entity,
MAW
. l
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
whether corporate, governmental, or individual, without the express
prior written consent of an authorized representative of City.
Consultant shall return any written Confidential Information and all
copies made of such items to City upon City's written request, but in
any event not later than the date that Consultant has performed all
services to be performed pursuant to this Agreement. Consultant 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 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, 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, City would have no
adequate remedy at law.
10. 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 City. City shall have the right to
- 5 -
2
3
4
5
6
7
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
ME
control Consultant only insofar as the results of Consultant's services
rendered pursuant to this Agreement; however, 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.
B. Consultant Not Agent. Except as City may specify
in writing, Consultant shall have no authority, express or implied, to
act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, expressed or implied,
pursuant to this Agreement to bind City to any obligation whatsoever.
C. Indemnification. Consultant shall indemnify,
defend, protect and hold City and its officers, agents and employees,
free and harmless from and against any and all claims, demands, losses,
damages, liabilities, fines, charges, penalties, orders, judgments and
all costs and expenses incurred in connection therewith, including
reasonable attorney's fees and costs of defense arising out of the
negligent services performed under this Agreement, except to the extent
arising from or caused by the negligence or willful misconduct of City,
its officers, agents or employees.
D. Insurance. Prior to commencing work hereunder,
Consultant shall provide City with proof of insurance providing and
maintaining the coverages and endorsements set forth in the Insurance
Schedule attached hereto as Exhibit "C" and made a part hereof by
reference. Said proof of insurance shall also provide that said policy
or policies shall not be canceled or materially reduced in coverage
without giving at least thirty (30) days prior written notice to City.
Consultant shall not permit a subcontractor or vendor to perform work
on City premises unless and until a certificate of insurance is
- 6 -
•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
obtained showing that such subcontractor or vendor has
worker's compensation coverage.
If Consultant employs subcontractors as part of the
services rendered, Consultant's protective coverage is required.
Consultant may include all subcontractors -as insureds under its own
policy or shall furnish separate insurance for each subcontractor,
meeting the requirements set forth herein.
E. Governing Law. The validity, interpretation and
performance of this Agreement shall be controlled and construed under
the laws of the State of California.
F. Assignment and Subcontracting Prohibited. No
party to this Agreement may assign or subcontract any right or
obligation pursuant to this Agreement except with the express written
consent of the other party. Any other attempted or purported
assignment of any right or obligation pursuant to this Agreement shall
be void and of no effect.
G. Amendments. This Agreement may be modified or
amended only by a written document executed by both Consultant and the
City and approved as to form by the City Attorney.
H. Entire Agreement. This Agreement is the entire
agreement of the parties. Consultant represents that in entering into
this Agreement, it has not relied on any previous representations or
understandings of any kind or nature. It is understood and agreed that
in the event of a conflict between the Proposal and this Agreement, the
terms of this Agreement shall prevail.
I. Benefit of Agreement. This Agreement shall bind
and benefit the parties hereto and their heirs, successors, and
permitted assigns.
- 7 -
2
3
4
5
6
71
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
J. Forum Selection. Any action brought relating to
this Agreement shall be brought and held exclusively in a State Court
in the County of Los Angeles, California.
K. Recitals. All recitals are incorporated by
preference.
L. Waiver. Any waiver at any time by either party
of its rights with respect to a default under this Agreement, or with
respect to any other matters arising in connection with this Agreement,
shall not be deemed a waiver with respect to subsequent default or
Iother matter.
M. Force Maieure. Neither Party shall be considered
to be in default in any of its obligations under this Contract when a
failure of performance shall be due to an uncontrollable force. The
term "uncontrollable force" shall mean any cause beyond the control of
the party affected, including, but not restricted to, -flood,
earthquake, storm, fire, lightening, epidemic, war, riot, civil
disturbance or disobedience, labor dispute, labor material shortage,
sabotage, federal, state, or municipal action,
statute, ordinance, or regulation, embargoes of the United States
Government or any other government, which by exercise of due diligence
such party could not reasonably have been expected to avoid and by
exercise'of due diligence has been unable to overcome. Either party
rendered unable 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.
N. Waiver of Consequential Damages. In no event
- 8 -
-1
2
31
4
5
6
71i
8
9i
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
shall Consultant or its subcontractors or vendors of any tier be liable
in tort, strict liability, warranty, or otherwise for any special,
indirect, incidental or consequential damages, such as but not limited
to, loss of product, loss of use of the equipment or system, loss of
anticipatedprofitsor revenue, non -operation or increased expense of
operation of other equipment of systems, cost of capital, or cost of
purchased or replacement equipment or systems.
0. Warranty. Consultant warrants that the services
to be rendered pursuant to this Agreement shall be performed in
accordance with the standards customarily provided by an experienced
and competent professional engineering organization rendering the same
or similar services. Consultant shall reperform any of said services
which were not performed in accordance with this standard provided that
consultant is notified in writing of the nonconformity within sixty
(60) days after the completion of the nonconforming service.
Consultant will perform the remedial services at its own cost. Except
as hereinafter provided in respect to personal injury or property
damage, the foregoing are Consultant's entire responsibilities and
City's exclusive remedies for services rendered or to be rendered
hereunder, and no other warranties, guarantees, liabilities or
obligations are to be implied. This section shall not apply to any
willful conduct by Consultant, its subcontractors or agents.
- 9 -
'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
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.
CITY OF VERNON
LEONIS C. MALBURG, Mayor
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
PARSONS INFRASTRUCTURE &
TECHNOLOGY, INC.
By: i,
By: Jv-' - J A
Title:
- 10 -
rr-D-0476,uu3 1 U.0 ua - c r rr! uL 1 vu & rLfibk;t U 1 H hAX NU. bb? 868 1883 P. Ol
Noise Control Studies- Malburg Generating Station Project
SCOPE OF WORK, COST ESTIMATE,
AND SCHEDULE
FOR
NOISE CONTROL STUDIES
MA BURG GENERATING STATION PROJECT
JANUARY 20, 2003
C'\W)NI)()W,';\1'1 NIP\PIIMorls Scope and Cost Noisc.doc
1*Lu--f.-cuu0 • ► M uo . e i rn cL I vu tk rLHbt;tnt; i H HIM NO. b62 889 1883 , P. 02
Noise Control Studies - Malburg Generating Station Projecf
SCOPE OF WORK
Parsons is proposing to perform the following Five tasks as part of the noise control
studies for the Malburg Generating Station (MGS) Project:
Task 1 AMBIENT SURVEY AND DOCUMENT REVIEW
The Malburg Generating Station will be a combined cycle power plant located in
the City of Vernon. The purpose of our efforts will be to assist in the design of the plant
to insure noise compatibility with the surrounding environment. The existing CNEL will
be measured over a period of days at the Project boundaries and several of the nearest
noise sensitive receptors surrounding the Project site. Multiple days of noise
measurements at each site will insure are adequate representation of the existing
background noise in the surrounding area. Recommendations for appropriate noise
criteria will be developed from the existing noise measurements in consideration of the
Zoning Ordinance and Noise Element criteria in the Cities of Vernon and Baldwin Park.
An ambient noise survey report will be issued summarizing the results of the
measurements and recommendations for finalizing the Project noise limit criteria.
Task 2 DESIGN EFFORTS
The power plant noise will be analyzed with a highly sophisticated, computer -
based, three-dimensional noise model that will be used to predict operational noise
levels of the power plant at boundary locations and sensitive receptor positions. In
addition, noise contours lines will be developed and graphically presented for the power
plant's operational levels in the, surrounding community. The predicted noise levels will
be based on the following three sources: (1) actual octave -band measurements of a
currently operating Alstom X100 combustion gas turbine, a similarly sized Marley
cooling tower, and other similar equipment at existing power plant(s); (2) noise
performance guarantees from the equipment vendors; and (3) Parsons extensive noise
database of power plant equipment. The 3-D model will take into account propagation
effects such as noise shielding, reflections, and absorption/amplification of noise caused
by structures, buildings and atmospheric conditions that occur in the project vicinity.
The measured background noise will be combined together with the Project noise to
develop the total CNEL. noise impact at selected points of interest.
The total noise level at each location of interest (boundary and community) will
be broken down by specific source (individual plant equipment) and rank ordered in
terms of its noise contribution, This will assist in deciding the best and most economical
approach for selecting noise control ,measures. The noise analysis, including contours,
predicted levels, rank orders, assumptions, and the needed amount of noise reduction
will be provided in a preliminary noise analysis report to indicate the impacts according
to tho equipment that has been purchased by the City.
Noise control measures will be investigated and considered for their
effectiveness and economic feasibility in meeting the noise criteria at each location of
C'AWIND0WS\TFMi'1Parsons Scope and Cost Noise.doc 2
FLU Uk, C.UUJ •1UG U3.L:1 rrl ULIVU & rLxbcr.t UtH EAX NO. b62 869 1883 P. 03
Noise Control Studies - Malburg Generating Station Project
interest, The noise impact at a specific location is a composite of many plant noise
sources, and in most cases, the highest noise contributing equipment at each location
of interest will be treated first to achieve compliance with the noise criteria. However in
sonle cases, it may be desirable to acoustically treat several smaller sources, which
may have an easier and more economical solution for noise control than one or two of
the largest sources. Several "what if' noise control scenarios will be presented to the
plant design team so that the best and most cost-effective solution can be selected.
Expected noise control options that will be considered may include (but are not limited
to) noise barriers, acoustic silencers and mufflers, partial or full equipment enclosures,
sound absorptive panels, acoustic design modifications, variable speed motors,
appropriate selection of cooling tower fan blade size, speed, and pitch, active noise
control (electronic noise cancellation), and equipment orientation for optimal directivity.
The 3-D noise model will be run with different noise control measures in place to predict
the mitigated noise levels. After the design team has selected a final solution of noise
control measures, a final set of predicted noise levels and noise contours will be
provided in a final design report
Task 3 NOISE TESTING METHODOLOGY
The final selection of noise control measures will be carefully specified according
to egriipment noise limits and acoustical performance ratings on noise control materials.
A Completo and thorough set of noise control specifications will be provided which
would clearly spell out performance requirements, and noise test requirements to
demonstrate compliance. A procedure for conducting the noise tests will be provided
which will allow the City to insure that the equipment can be verified for the noise
performance. The document will also discuss potential remedies for equipment that fail
to meet the vendor's guaranteed noise performance.
Vendors however, have been known to "pass the buck" of responsibility on noise
guarantees, especially in power plants where it can be difficult to accurately measure
the noise level of a single source that is operating dependently with other equipment in
the immediate area, Ideally, each piece of equipment would need to be operated
independontly of all other equipment, so that the noise performance of each piece of
equipment can be verified. This is often not possible in power plants. However, with
Parsons' high technology "Sound Intensity" measurement system, individual equipment
noise levels can be aacurat+ely measured in the presence of several other noise
sources. This system will be employed in the verification noise -testing phase of the
Project so that the vendor's noise guarantees are truly verifiable and held financially
responsible for remediation if necessary.
Task 4 CONSTRUCTION ADMINISTRATION
Written statements will be issued to respond to requests for clarifications,
submittal reviews, and modification requests. Site visits will be made and all noise
control design features of the plant will be inspected during the construction process for
correctness of the product according to the specifications, product installation or
C::ANVINr7t)WSWENIT-AN r ons Scope and Cost Noisc.doc
rca—u4, eWUJ i t uj;eu rn uL1vu & rLH6t;M1H rRX N0, 562 869 1$83 f P. 04
Noise Control Studies -T Malburg Generating Station Project
implementation. Any necessary design modifications that are required due to
construction constraints will be evaluated to ensure that the noise control performance
is maintained.
Task 5 VERIFICATION NOISE TESTING
Upon completion and start-up of the power plant, in -plant noise levels will be
individually verified for each piece of equipment at the specified distances (close in) and
at the property boundaries and locations of interest in the surrounding community. The
test method will be according to the specified test procedures developed during the
design phase. A final test report will be submitted showing the results of all measured
equipment noise levels, boundary noise levels, and community noise levels. If any
equipment is found to be incompliant with the specifications and guaranteed levels,
corrective measures will be recommended.
CAWINDOWS1'1'EWAParsons Scope and Cost Noisc.doe 4
rr- 3—U4,-e-UUJ • i UC U6 ; ed rn UL I vU & FLfi:5UhNU 1 A FAX N0, 562 869 1883 . P. 05
Aloi4e� Control Studies Malburg Generating Station Project
CO ST PROPOSAL
I�ro�ec� F°i��se
Survey, Document Review,
Establishing Final Criteria
2 — Design Efforts
3 -- Noise Testing Methodology
4 -- Construction Administration
5 — Verification Noise Testing
6 — Project Management
Estimated Total Costs
Not -To -Exceed
Cost Estimate
$15,000
$4,000
$24,000
$24, 000
$10,000
$117,000
C AWIN1)0WSVI'LMI'\I'ar c>�tS capc;litd C0S1 Npisa.doc 5
rttj-u4-4UU j . t UC Uj :; tb Ff1 UL 1 VU & YLA6UhNC 1 A
FAX NO. 562 869 1883
P. 06
t
�h
63
0
Ul
W
A
co
ul
tag
LL
0
Lij
rUr�
vJ
4)
n
W
elf
CU
O LL
Q to
C
fLS
C/? W
V,
Vi fn C �
O O
�.�U
C C u)
oicu
Z
E
Ep t
6 0,O.,U �
s-0)M0CL
a.(if W0 cw
'r X�X voj
W z
O p II C
V U 0 b
CD-0 N
,�i c M
o>z E
0 W
c U)43 .�
'"' -� c c
Z-a cxg
M
s
C
O
C
H
o
O Q
z (f)
O
8)
'O {}
Q
O E
8.� C v
oo v;
v) CD U 0 �
0 M
to 4-'a Z
o000)
ct!
m
a2
0 C
rLEL)
Al
m
([f
E
O
C
50
�C
U
O 2
•p CL
N
W
C O
Wcu
w
O O C
w. O
co
o
-cam
a�
oCL
U)C:
11
Ri
N
U
(U
E
0
W
W 0
zz
E
W U
110
0
rco-Uq-4uv0.lur u3in m VLtvu & rLfi6UENU1H FAX NO. 562 869 1883 P. 07
Noise Control Studies - Maibu►'g Generating Station Project Page 7
C..:1WJND0WSklT,MP\I�:IrsoW,: Scope and Cost Noisc.doc 7
Lu u'l c uu0• t ur- uJ - DU rll vL 1 Vu & rLfibU NU 1R
FAX N0, 562 869 1883 � � , ; P, 01
Table 5-2
Mate Schedule for the Project Team Members
Name of the Project Tcanj Member
Hourly Rafe
Charles Botsford
$125
Krifihiva N a i i d �•
- �_... �......w_.--�....�
$125
Raunjit Saliu
Tw $105
P�q!'1'r�yntluill y
- � $115
Jaques Kol'zumi
^�
...�$5
Angela Scilllapl)
$68
Steve Hernandez
$76
rnuatii Nesrecn
$68
Mclisa Kcaneo
$50
Jan N�i,ycn
5-z
G:1�'c� xssnls\fJarnon LC'ilOFiS.WG 4116101
r
T
• 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
EXHIBIT C
INSURANCE SCHEDULE (CONSULTANT)
IConsultant shall provide proof of insurance, including a standard certificate of insurance, in at least the
following amounts and coverage (combined single limit permitted):
I. Coverage and Limits
Bodily In jury , ury Prope Damage
Hazards Each Person Each Accident Each Accident
Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 $ 500,000
Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Workers' Compensation $ Statutory
Employers' Liability $1,000,000 per employer
H. General and Professional Liability
General Liability
$1,000,000
$2,000,000
$1,000,000
Premises Operations
$1,000,000
$2,000,000
$1,000,000
Elevators (If applicable)
$1,000,000
$2,000,000
$1,000,000
Independent Contractors
$1,000,000
$2,000,000
$1,000,000
Products - Completed Operations
$1,000,000
$2,000,000
$1,000,000
Contract Liability
$1,000,000
$2 000 000
$1,000,000
Professional Liability
$2,000,000
$2,000,000
$2,000,000
a. The general liability policy shall contain the following special endorsements which shall be noted on or
attached to the standard certificate of insurance:
1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under
the policy.
2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
3. An endorsement providing coverage for all operations under this Agreement.
4. Such other endorsement as may be required by addendum hereto.
b. In addition to the standard certificate of insurance, proof of general and professional liability coverage
shall be furnished in the form checked below. Certification of the following proofs by the insurance
Agent or broker will not be accepted:
X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and
statements in the standard certificate of insurance (attached thereto) are true and correct and that
the signator is an officer authorized to so certify.
A copy of each policy certified by an officer of the underwriter or carrier and notarized.
EXHIBIT "C
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 Council
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
January 30, 2003
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
The Malburg Generating Station Project facility must be designed to
comply with a noise requirement of 70 dBA CNEL at the site boundaries
with adjoining industrial uses pursuant to the Vernon General Plan:
Noise Element. Major equipment has been pre -purchased for this
project and while noise limits are stipulated in the contract,
substantial noise control treatments are anticipated to meet the 70
dBA CNEL noise limit at the property boundaries.
This has been reviewed by the Director of Utilities and the City
Attorney and it is hereby recommended that a Consulting Services
Agreement with Parsons Engineering Science, Inc., for Noise Emission
Control Studies be approved and executed at an approximate cost of
$117.000.00
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/gm
CITY COUNCIL
LEONIS C. MALBURG
Mayor`
THOMAS A. YBARRA
Mayor Pro -Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
=I
BRUCE V. MALKENHORST CITY HALL
City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
FAX (323) 826-1438 TELEPHONE (323) 583-8811
January 30, 2003
Mr. Bruce V. Malkenhorst
City Administrator/City Clerk
4305 Santa Fe Avenue
Vernon, CA 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 Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
Re: Proposed Agreement for Noise Control Consultant for
Noise Control Studies for the Malburg Generating
Station Project
Dear Bruce:
The City of Vernon Utilities Department recommends Parsons
Engineering Science, Inc. to provide noise consultancy services
as described in the attached proposal for the Malburg Generating
Station (MGS) Project for a contract price of $117,000.
The new MGS facility must be designed to comply with a
noise requirement of 70 dBA CNEL at the site boundary with
adjoining industrial uses pursuant Vernon General Plan: Noise
Element. Almost without exception major equipment for this
project has been pre -purchased by the City and while noise
limits are stipulated in the contract, substantial noise control
treatments are anticipated to meet the 70 dBA CNEL noise limit
at the property boundary. Some issues as to the specific
locations and boundaries where this noise limit applies and
specific pieces of equipment that may require further
consideration would need to be further evaluated by the
consultant.
Mr. Bruce V. Malkenhorst
January 30, 2003
Page 2
I request that this matter be put on the agenda for
consideration by the City Council at its next meeting.
Sincerely,
LLjA,--cA^
0
Eduardo Olivo,
City Attorney
EO:jl
. 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
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
CITY HALL BRUCE W. OLSON
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
TELEPHONE (323) 583-8811 FAX: (323) 826-1481
February 18, 2003
Parsons Infrastructure & Technology, Inc.
Attn: Krishna Nand, Ph. D., Q.E.P., Associate
100 West Walnut Street
Pasadena, CA 91124
Re: Agreement for Consulting Services Regarding Noise Control Studies
Dear Ms. Nand:
In accordance with Section 10.D of said contract, 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.
'ery truly yours,
Nelly Giron
Assistant to the
Chief Deputy City Clerk
NG/gm
cc: Uoan Francone
Eric Fresch
Dolores Fonseca
Resolution No. 8146
Agreement File No. 03-018