Resolution No. 8166l
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RESOLUTION NO. 8166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
BY AND BETWEEN THE CITY OF VERNON AND PALED
ENVIRONMENTAL ASSOCIATES, INCORPORATED 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 inhabitants; and
WHEREAS, the City has determined that it needs the services
of a consultant who possesses the technical knowledge and expertise to
perform paleontologic resource monitoring and who can implement a
mitigation plan and worker environmental awareness program during
construction of the Project; and
WHEREAS, City staff requested proposals from qualified
consultants to assist the City; and
WHEREAS, Paleo Environmental Associates, Incorporated
("Paleo") submitted a proposal dated January 27, 2003, that includes a
description of the proposed paleontologic resource monitoring and
mitigation services and the cost of those services; and
WHEREAS, Parsons Infrastructure & Technology, Inc.
("Parsons"), the City's consultant for the licensing requirements of
the California Energy Commission and the South Coast Air Quality
Management District for the Malburg Project, has reviewed the proposal
from Paleo and recommended the City utilize Paleo's services; and
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WHEREAS, in order to avoid significant and unnecessary delays
during the negotiation process, the City Administrator executed a
letter on February 11, 2003, subject to ratification by the City
Council, authorizing Paleo to provide the paleontologic resource
monitoring services for the Malburg Project; and
WHEREAS, the City Council of the City of Vernon desires to
approve a final contract with Paleo; and
WHEREAS, on April 8, 2003, the Finance Committee considered
Ithe recommendation of Bruce V. Malkenhorst, Director of Finance, dated
April 2, 2003, that an agreement with Paleo 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 Paleo setting forth the terms
and conditions for the performance of paleontologic resource
monitoring and implementation of a mitigation plan and worker
environmental awareness program during construction of 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
land correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement for Professional Consulting Services with Paleo
Environmental Associates, Incorporated, a copy which is attached
hereto as Exhibit "A" and made a part hereof.
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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:
Paleo Environmental Associates, Incorporated
Attn. E. Bruce Lander, President
2248 Winrock Avenue
Altadena, CA 91001
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 16th day of April, 2003.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MAL URG, Ma or
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STATE OF CALIFORNIA )
} ss
COUNTY OF LOS ANGELES }
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8166, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, April 16,
2003, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
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AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT 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
April, 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, California 90058-0805
AND PALEO ENVIRONMENTAL ASSOCIATES,
INCORPORATED (hereinafter
referred to as "Consultant")
2248 Winrock Avenue
Altadena, CA 91001
RECITALS
WHEREAS, City is constructing the Malburg Generating Station
Combined Cycle Power Plant (the "Project") for purposes of installing
additional generating capacity that is capable of yielding cost
effective, efficient and reliable electricity to meet its goals, while
meeting Federal, State and local environmental and siting
requirements; and
WHEREAS, City requires a consultant to perform paleontologic
resource monitoring and implement a mitigation program during
construction of the Project; and
WHEREAS, City requested proposals from qualified consultants
to assist City; and
WHEREAS, Consultant submitted a proposal to City dated
January 27, 2003, (hereinafter referred to as "the Proposal"), which
includes a description of the proposed paleontologic resource
monitoring and mitigation services and the cost of the services; and
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WHEREAS, Consultant has prepared a mitigation plan for the
Sutter Power Plant Project of Calpine Corporation, a consultant that is
performing engineering services for the City in connection with the
Project; and
WHEREAS, Parsons Infrastructure & Technology, Inc. has
reviewed the Proposal and has advised City that it is reasonable and
recommends that City retain Consultant to perform the paleontologic
resource monitoring and provide the mitigation services necessary for
the Project; and
WHEREAS, Consultant represents that it is qualified and
willing to render such professional services as hereinafter defined;
land
WHEREAS, Consultant acknowledges that the work it will be
performing under this Agreement is an important component in the
mobilization of the construction of the Project and will use its best
efforts to coordinate its work with Project requirements to ensure
timely compliance with the requirements of the conditions of
certification and construction of the Project; and
WHEREAS, based upon Consultant's qualifications and
experience, City desires to engage the services of Consultant to
perform the services identified in the Proposal.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
(FORTH HEREIN:
1. SCOPE OF WORK.
Consultant shall perform its services under the general
supervision of City's Director of Utilities and/or City Administrator
and Consultant's scope of services shall be assigned by City's
Director of Utilities and/or City Administrator and include, but not
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be limited to the scope of work identified in the Proposal, a copy of
which is attached hereto as Exhibit "A" and incorporated herein by
reference as though fully set forth. Consultant's services include,
but shall not be limited to the following tasks: (1) map/plan review
and monitoring/ mitigation plan; (2) worker environmental awareness
program; (3) monitoring/ fossil and sample recovery; (4) compliance
verification/fossil treatment; and (5) a paleontologic resources
report. 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. The totality of all services provided by Consultant
under or in connection with this Agreement and the Project is
sometimes herein referred to as the "Services."
Consultant agrees that all Services provided will be
conducted by the principal and, if staff members or subcontractors are
used, their work will be under the supervision of the principal.
Consultant shall undertake and carry on the work diligently to
conclusion, using that standard of care, skill, and diligence normally
provided by professional person in the performance of such Services.
2. PROGRESS REPORTS.
Consultant shall 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. Consultant shall provide monthly written progress reports
to the City. In addition, Consultant shall advise City, as quickly as
possible, of any significant milestones or conclusions that will affect
City's ability to complete the Project on time and/or assist City in
making progress toward the completion of the Project.
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3. TIME OF PERFORMANCE.
Consultant's Services shall commence upon the signing
of the Agreement by both parties and shall end when Consultant has
completed the work on the items identified in the Proposal, unless
this Agreement is otherwise terminated or extended. Any Services
performed prior to actual date of execution hereof are hereby
authorized and ratified and shall for all purposes be deemed to have
been performed pursuant to this Agreement, subject to the terms and
conditions hereof.
4. COMPENSATION.
A. Consulting Costs.
City shall pay Consultant on a time and materials
basis according to the "Monitoring Budget (Assumes No Recovery of
Significant Fossils)," a copy of which is attached hereto as Exhibit
"B" and incorporated herein by this reference as though fully set forth
at length. The total amount to be paid to Consultant under this
Agreement for Services identified in the Proposal attached hereto as
Exhibit "A" and Exhibit "B" shall not exceed Forty -Two Thousand Seven
Hundred Eight Dollars and No Cents ($42,708.00).
In the event there is significant fossil
occurrence, the City shall pay an additional amount to Consultant on a
time and materials basis according to the "Contingency Budget (Assumes
Recovery of Significant Fossils Requiring Treatment)," a copy of which
is attached hereto as Exhibit "C" and incorporated herein by this
reference as though fully set forth at length. The total additional
amount to be paid to Consultant under this Agreement for Services
identified on Exhibit "A" and Exhibit "C" shall not exceed Seven
Thousand Three Hundred Ninety Dollars and No Cents ($7,390.00). If
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1 changes and extra Services are requested by City pursuant to paragraph
2 6 of this Agreement, then City shall pay for those Services on a time
3 and materials basis according to the hourly rate identified in Exhibits
4 "B" or "C," whichever is applicable.
5 B. Other Expenses.
6 Expenses may only be billed if advance written approval
7 has been obtained from the City Administrator.
8 5. METHOD OF PAYMENT.
9 Consultant shall submit within thirty (30) days after
10 the last day of any month in which Services have been performed or
11 costs incurred hereunder an invoice to City for payment. Invoices
12 shall contain an itemization of Services rendered, directly related job
13 expenses and subcontractor charges incurred by Consultant for which
14 compensation is due, and an estimate of the percentage completed for
15 each milestone or task. Consultant shall be responsible for paying any
16 subcontractors used in the performance of this Agreement.
17 Subcontractors shall not bill City directly.
18 Payment of each invoice shall be made after acceptance
19 and approval by City within thirty (30) days of receipt. City's
20 approval of the invoice shall not be unreasonably withheld.
21 6. CHANGES AND EXTRA SERVICES.
22 City reserves the right to request changes in the
23 Services to be performed by Consultant. All such changes shall be
24 incorporated in written change orders executed by City and Consultant
25 which shall specify the changes ordered and the adjustment of
26 compensation and completion time required thereof.
27 Any Services added to the scope of this Agreement by a
28 change order shall be executed under all applicable conditions of this
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Agreement. No claim for additional compensation or extension of time
shall be recognized unless contained in a duly executed change order.
7. 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 documents and materials as desired.
8. CONFLICTS OF INTEREST.
In the event that a potential conflict should arise
between the interests of City and the interests of any one of
Consultant's other clients, during Consultant's performance of Services
under this Agreement, Consultant shall notify City of such potential
conflict. Notice of the existence of a potential conflict of interest
shall be given in writing to City within ten (10) days of the perceived
conflict. The conflict of interest letter shall specify when the
potential conflict arose, the identity of the other party(ies) and the
facts that give rise to the potential conflict. In the event that a
potential conflict of interest is deemed by City to be an actual
conflict of interest, City may, at its discretion, terminate this
Agreement immediately.
9. INTERESTS OF CONSULTANT.
Consultant affirms that it presently has no interest and
shall not have any interest, direct or indirect in any real property in
City or any other interest, which would conflict in any manner with
performance of the Services contemplated by this agreement. No person
having such interest shall be employed by or be associated with
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Consultant.
10. 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.
11. NOTICES.
Notices to the parties, unless otherwise requested in
writing, shall be sent to:
City: CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
Consultant: PALEO ENVIRONMENTAL ASSOCIATES, INCORPORATED
ATTN: E. BRUCE LANDER, PRESIDENT
2248 WINROCK AVENUE
ALTADENA, CA 91001
12. CONFIDENTIAL INFORMATION.
A. Access to Confidential Information. City may
provide Consultant and/or its subcontractor 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" and may not be used to circumvent the responsibility of
either party to this Agreement.
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B. No Disclosure. Except as expressly permitted,
Consultant and/or its subcontractor 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, whether corporate, governmental, or individual,
without the express prior written consent of an authorized
representative of City. Consultant and/or its subcontractor 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 and/or its subcontractor only as authorized by City.
Consultant shall include a contract provision in its contract with
subcontractors that binds the subcontractors to this non -disclosure
requirement. Consultant shall take reasonable measures to avoid any
disclosure of any such Confidential Information to any unauthorized
1person.
C. Court Ordered Disclosure. Consultant shall
immediately notify City of any court order or subpoena requiring
disclosure of Confidential Information, and shall cooperate with City's
legal counsel in responding to any such order or subpoena. Consultant
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
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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.
13. 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
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,
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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 "D" 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 toperformwork
on City premises unless and until a certificate of insurance is
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. Consultant
may not assign or subcontract any right or obligation pursuant to this
Agreement except with the express written consent of City. 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 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
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this Agreement, it has not relied on any previous representations or
understandings of any kind or nature.
I. Benefit of Agreement. This Agreement shall bind and
benefit the parties hereto and their heirs, successors, and permitted
assigns.
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
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
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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. 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 environmental organization rendering the same or similar
Services
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed by and through their authorized officers on the date, month
and year first written above.
(ATTEST:
IBRUCE V. MALKENHORST, City Clerk
(APPROVED AS TO FORM:
JEDUARDO OLIVO, City Attorney
M-
CITY OF VERNON
LEONIS C. MALBURG, Mayor
PALEO ENVIRONMENTAL ASSOCIATES,
INCORPORATED
By:.Trt
Title: P <-r;d e r
By:
Title:-
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EixrHIBIT A
DATE: January 27, 2003
TO: Mr. Ramon Z. Abueg, P.E.
Assistant Director of Engineering & Operations
City of Vernon
4305 Santa Fe Avenue
Vemon, CA 90058
FROM: E. Bruce Lander, PhD.
Paleo Environmental Associates, Inc.
2248 Winrock Ave. .
Altadena, CA 91001
SUBJECT: Workscope/budget for City of Vernon's Malburg Generating Station Project paleontologic monitoring
and mitigation program
On behalf of Paleo Environmental Associates, Inc., I am pleased to submit the enclosed workscope and budget to
conduct the paleontologic monitoring and mitigation program for the City of Vernon's Malburg Generating Station
Project. If awarded the contract for this project I will serve as the paleontologic resource specialist. Robin D. Turner,
M.A., will serve as the assistant paleontologic.resource specialist and will be responsible for compliance monitoring
and reporting. We have yet to select a monitor.
The budget assumes trenching and other earth-nmvmg activities will require no more than 100 days of paleontologic
monitoring. However, when these activities occur only in disturbed sediments, monitoring will.not be conducted. As
appropriate, the; monitor will monitor the activities in undisturbed sediments on a half-time basis. N these activities
occur concurrently at two or more widely separated sites, it might be necessary for the monitor to monitor on more
than a half-time basis, using hours not used when earth -moving activities are conducted in disturbed sediments.
NOTE: The budget assumes no significant fossil occurrence will be encountered, and that only basic
monitoring and preparation of a brief final report will be required. If a large or highly productive fossil
occurrence is encountered (i.e., fossils not easily removed without diverting monitor from monitoring task), or
if numerous isolated or small fossils are observed by the monitor, there will be additional costs for
fossil/fossiliferous sediment sample recovery and transport/shipping; sample processing; fossil preparation,
curation, and cataloging; fossil specimentsite data entry; supplies; museum storage fees; and preparation of a
comprehensive final report. A contingency budget is included to cover these costs. However, because the
likelihood of such an occurrence being encountered cannot be predicted, a cost change beyond the
contingency budget might be necessary to allow for the completion of these additional tasks, or the
contingency budget might not be spent.
We will use the mitigation plan we prepared for Calpine's Sutter Power Plant Project when preparing the plan for the
current project. We also will review the cultural resource mitigation plan for the current project and incorporate
pertinent information, as appropriate.
Please contact me at 62&797-9895 or paleo@earddink.net if you have any question or comment regarding this
proposal. Thank you for your consideration.
Cody,
E. Bruce Lander, PILD.,
President
cc: Dr. Krishna Nand, Parsons
R.D. Turner, PEAI
2003-1
vemon mit-pr.doc
EXHIBIT B
v a:1T /fRVlTI►7GlT fAL A3J(/(,/� %� ,
CITY OF VEi NON MALBURG GENERATING STATION PROJECT
Paleontologic Resouce Monitoring and Mitigation Program Workscope/Budget
TASK HOURS MILES
DAYS
RATE
SUB_ TOTAL
MONITORING BUDGET (ASSUMES NO RECOVERY OF SIGNIFICANT FOSSILS)
PAL-1 to PAL-3--Map/Plan Review & Monitoring/Mitigation Plan
Principal Resource Specialist: 8
6
$75.00
$3,600.00
Asst. Principal Resource Specialist: 8
2
$65.00
$1,040.00
Paleontologic Resource Monitor. 4
1
$45.00
$180.00
Subtotal:
$4,820.00
PAL-4—Worker Environmental Awareness Program
Principal Resource Specialist: 8
3
$75.00
.$1,800.00
Mileage: 50
1
$0.36.
$18.00
Asst. Principal Resource Specialist: 8
2
$65.00
Mileage: 50
1
$0.36
.$1,040.00
$18.00
Subtotal:
$2,876.00
PA .,5-Monitoring/Fossil & Sample Recovery
Principal Resource Specialist: 4
4
$75.00
$1,200.00
Mileage: 50
4
$0.36
$72.00
Asst. Principal Resource Specialist: 4
20
$65.00
$5,200.00
Mileage: 50
20'
$0.36
$360.00
Paleontologic Resource Monitor. 4
100
$45.00
$.18,000.00
Mileage: 100
100
$0.36
$3,600.00
Supplies
250.00
Subtotal:
$28,692.00
PAL-6—Compliance Verification/Fossil Treatment
Principal Resource Specialist: 4
6
$75.00,
$1,800.00
Asst. Principal Resource Specialist: 4
6
$65.00
$1,560.00
Subtotal:
$3,360.00
PAL-7—Paleontologic Resources Report
Princ' R
ipal esource Specialist: 8 4 $75.00 $2,400.00
Asst Principal Resource Specialist: 8 1 $65.00 $520.00
Reproduction: 50.00
Subtotal: $2,970.00
TOTAL:
$42,70800
vamn-W 1 2W3-1
s
EXHIBIT C
rAi sv aIYYIN""MC/YL LA FA
CONTINGENCY BUDGET (ASSUMES RECOVERY OF SIGNMC' ANT FOSSES REQUIRING TREATMENT)
PAL-5-MonitoringlFossil & Sample Recovery
Principal Resource Specialist: 1
2
$75.00
$150.00
Mileage:
0
0
$0.36
$0.00
Asst. Principal Resource Specialist: 4
2
$65.00
$520.00
Mileage:
50
20
$0.36
$360.00
Paleontologic Resource Monitor: 8
2
$45.00
$720.00
Mileage:
100
2
$0.36
$72.00
Supplies
250 00
Subtotal:
$2,072.00
PAL-6--Compliance Verification/Fossil Treatment
Principal Resource Specialist.. 0.5
4
$75.00
$150.00
Asst. Principal Resource Specialist: 4
2
$65.00
$520.00
Senior Paleontologist: 16
1
$70.00
$1,120.00
Mileage:
200
1
$036
$72.00
Laboratory Technician: 8
2
$45.00
$720.00
Mileage:
50
1
$036
$18.00
Supplies
$250.00
Analysis (C-14, etc.)
$1,000.00
Museum Curator. 4
1
$45.00
$180.00
Mileage:
50
1
$036
$18.00
Museum Storage Fee:
S150.00
Subtotal:
$4,1".00
PAL-7-Paleontologic Resources Report
Principal Resource Specialist: 8
1
$75.00
$600.00
Asst. Principal Resource Specialist: 8
1
$65.00
$520.00
Subtotals
S1,120.00
TOTAL:
$7,390.00
vanon-pr
2
2003-1
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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 $ StatutorX
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
Contractual 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. Only certification of the following proofs will 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 "D
a
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro—Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
April 2, 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
Finance Committee
City of Vernon
Honorable Members:O�
At this time it is necessary that the Professional Consulting Services
of Paleo Environmental Associates be retained to provide Paleontologic
Resource Monitoring at an approximate cost of $42,708.00 and Fossil
Recovery at an additional cost of $7,390.00 for the Malburg Generating
Station Project.
This has been reviewed by the Finance Administrator and it is hereby
recommended that the Professional Consulting Services Agreement with
Paleo Environmental Associates be approved and executed.
BVM/gm
Very truly yours,
Bruce V. Malkenhorst
Director of Finance
April 3, 2003
TO: Bruce V. Malkenhorst, City Administrator
FROM: Kenneth J. DeDario, Director of Utilities ��
SUBJECT: Malburg Generating Station Project — Paleo Agreement
I recommend approval of the attached Agreement For Professional Consulting Services
By And Between The City of Vernon And Paleo Environmental Associates, Incorporated
for paleontologic compliance monitoring and reporting for the Malburg Generating
Station Project (MGSP). This Agreement provides for consultant services to produce a
Paleontological Resources Monitoring and Mitigation Plan and a Worker Environmental
Awareness Program for the (MGSP). These are California Energy Commission (CEC)
conditions for certification which must be approved by the CEC 30 days before
mobilization. These services are for a not to exceed cost of $42,708. In the event there is
a significant fossil occurrence, services for "Recovery of Significant Fossils Requiring
Treatment" are for a not to exceed cost of $7,390. The total not to exceed cost is
$50,098. This Agreement has been reviewed by the City Attorney.
If you have any questions or comments, please contact me. Thank you for your
consideration.
KJD:dm
Attachment
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Ter
WM. 'BILL DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
April 24, 2003
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
Paleo Environmental Associates, Incorporated
Attn: E. Bruce Lander, President
2248 Winrock Avenue
Altadena, CA 91001
Re: Agreement for Professional Consulting Services
Dear Mr. Lander:
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
In accordance with Section 13.D of said contract, you are to furnish
the City with proof of Insurance as set forth in the Insurance
Schedule, Exhibit "D" 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.
Ve y truly yours,
1 Gi n
Assistant to the Chief Deputy City Clerk
NG/gm
cc: Joan Francone
Kenneth DeDario
Dolores Fonseca
f
Agreement File No. 03-032
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Ter
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
May 13, 2003
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
Paleo Environmental Associates, Incorporated
Attn: E. Bruce Lander, President
2248 Winrock Avenue
Altandena, CA 91001
Re: Agreement for Professional Consulting Services
Dear Mr. Lander:
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 insurance requirement has been met. Transmitted herewith is a
duplicate original copy of the above referenced agreement approved by
the Vernon City Council on April 16, 2003.
If you have any questions regarding this matter, please call Mr.
Kenneth DeDario at (323) 583-8811 ext. 211.
truly yours,
Nelly iro
Assistant to the Chief Deputy City Clerk
NG/gm
CC: Kenneth DeDario
Sharon Johnson
Agreement No. 03-032
A vp
CITY COUNCIL
r
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Ter
WM. `BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
March 5, 2003
CITY HALL
4305 SAWA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
Mr. Bruce V. Malkenhorst
City Administrator
City of Vernon
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: Malburg Generating Station Project: Issues which Impact
Licensing and Financing
Dear Bruce:
Specialized Consultants to Certify Data to License Authorities
The City has retained Parsons Engineering ("Parsons") as an
outside consultant to support the City in its various
applications to build the power plant to the California Energy
Commission ("CEC"), South Coast AQMD ("AQMD") and other
governmental regulatory bodies. The power plant permitting
process requires a great deal of data certifications to the CEC
and the AQMD.
To date, Parsons has been the City's key consultant to satisfy
this process. Parsons has supplied the required opinions and
certifications either directly, through subcontract arrangements
or through referrals to the City to hire the firm or individual
directly. Parsons has referred the Utilities Department to the
following firms/individuals to complete the MGS licensing
process and stay on schedule, for the reasons noted.
Page 2
1. E. Bruce Lander Ph.D
Paleontologic Resource Monitoring
$42,708.00
Fossil Recovery (Additional)
$7,390.00
2. Technical & Business Systems
Air Quality Construction Monitoring Program
$80,691.00 (2 months)
$24,185.00 per additional month
3. Lowney Associates
Geotechnical
$4,890.00
4. Cultural Resource Training - by Parsons Directly -
Contract Change Order
$30,000.00
The City is using Parsons as the principal source for these
various consultants required for the licensing and construction
of the Project. The City could go out to bid for all of these,
however, the new firm would have to review. and approve Parsons'
data or create its own to rely upon. I do not recommend this
course of action. This will slow the process down without any
compelling facts to support the contention that the City would
enjoy any measurable savings.
The City seeks to mobilize the construction crews to the site
within the next several weeks. Each of the above consultants
fulfills a license agreement to build the power plant. The only
alternative to the process of supplying these consultants is to
hire a competing firm to Parsons (like URS) and have that firm
refer such to the City. I do not believe our schedule will
allow this alternative, nor will it save any money. All the
City's air quality, geotechnical and cultural parameters have
been calculated by Parsons.
Page 3
Construction Site Mobilization
The City needs the three identified sites by April, 2003 in
order to stay on schedule for licensing, financing and
construction.
1. 50th and Soto;
2. L.A. Junction strip of land west of Seville; and
3. 2 M acres on 50th across from Seville Ave.
If these sites cannot be delivered by those dates, serious
alternatives need to be pursued.
MGS Alstom Equipment- Change Orders
The following changes have been made to the equipment the City
ordered from Alstom. I discussed these matters with you
previously, but cannot locate the file. I recommend you review
these changes again and approve same.
HRSG
A total of $96,730
• ($10,500)- deletion of drum level gauge
• $26,000 - access to lower casing maintenance doors
• $2,`930 - provision of stock template
• $23,500 - stack silencer
• $54,800 - top coating in shop of fabricated parts
STG
A total of $2,100
• $4,900 revised seismic criteria
• ($2,800) - deletion of rotor ground fault protection
City Building Facilities
I request your authorization to use the City's New Wing Second
Floor Conference Room and Training Room on an as needed basis
for important MGS construction and finance meetings.
a
Page 4
I look forward to discussing these matters with you at our
earliest convenience. I have attached to this letter documents
that detail some of the Parsons Consultants and the Alstom
change orders.
Sincerely,
Eric Fresch
Legal Counsel
EF ah
Attachments
c: Eduardo Olivo
Ken DeDario
Jorge Somoano
Ramon Abueg
Sharon Johnson