Resolution No. 81721
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RESOLUTION NO. 8172
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 TECHNICAL &
BUSINESS SYSTEMS, 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, the City has determined that it needs the services
of a consultant that possesses the technical knowledge and expertise to
monitor dust emissions and other pollutants during construction of the
Malburg Project; and
WHEREAS, City staff requested proposals from qualified
consultants to assist the City; and
WHEREAS, Technical & Business Systems, Inc. ("Technical"),
submitted a proposal dated January 27, 2003, that includes a
description of the proposed air monitoring services and the cost of the
services; and
WHEREAS, Technical is familiar with the Malburg Project,
having previously performed air monitoring services as part of 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
a
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Project, and it should be able to more efficiently and effectively
provide the services now required by the City; and
WHEREAS, Parsons has reviewed the proposal from Technical and
recommended the City utilize Technical's services; and
WHEREAS, in order to avoid significant and unnecessary delays
during the negotiation process, the City Administrator executed a
letter authorization to proceed on February 11, 2003, subject to
ratification by the City Council, authorizing Technical to provide the
air monitoring services for the Malburg Project; and
WHEREAS, the City Council of the City of Vernon desires to
approve a final contract with Technical; and
WHEREAS, on March 19, 2003, the Finance Committee considered
the recommendation of Bruce V. Malkenhorst, Director of Finance, dated
March 13, 2003, that an agreement with Technical 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 an agreement with Technical setting forth the
terms and conditions of the air monitoring services to be performed 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
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approves and ratifies the execution of the Authorization to Proceed
letter with Technical, a copy of which is attached hereto as Exhibit
"A" and made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
approves the Agreement for Professional Consulting Services, with
Technical, a copy which is attached hereto as Exhibit "B" and made a
part hereof.
SECTION 4: 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 5: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Agreement to:
Technical & Business Systems, Inc.
Attn. Don Lehrman, CCM, Principal
859 Second St.
Santa Rosa, CA 95404
SECTION 6: 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 19th day of March, 2003.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MALBURG, 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.
8172, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, March 19,
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
I
CI-'YCOUNC ILL
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
February 11, 2003
Mr. Bruce V. Malkenhorst
City Administrator
City Of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
EDUARDO OLIVO
Citi 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
(KDoF
Re: Malburg Generating Station Project: Revision of Letter of
February 5, 2003 in Regards to Consultant Services for
Permitting and Construction of Power Plant
Dear Bruce:
I previously requested your authorization to employ several
consultants for the Malburg Generating Station (MGS) Project.
Some of these consultants have proposals with no contracts and
one has a proposed contract. All of the consultants need to
have contracts drafted by the City Attorney for City Council
approval.
I request your authorization to allow these proposed consultants
to commence work pending approval of their contracts being
approved by the City Council. They recognize that they are at
risk until they receive final approval. All of these
consultants work under the existing MGS consultant, Parsons
Engineering Science, Inc., which is now Parsons Infrastructure &
Technology, Inc. A revised attachment identifying the
consultants we propose to authorize to commence work is
attached.
Mr. Bruce V. Malkenhorst
February 11, 2003
Page 2
Under separate memo I will submit to you the additional work the
City will need from Parsons in relation to all of the above
contracts and environmental management of the power plant and
the construction of the power plant.
I look forward to discussing this matter with you at your
earliest convenience.
Sincerely,
Eric Fresch
Finance Administrator
EF: j 1
Enclosure
cc: Eduardo Olivo, City Attorney
Ken DeDario, Director of Utilities
Mr. Bruce V. Malkenhorst
February 11, 2003
Page 3
REVISED ATTACHMENT
CONSULTANT SERVICE AREAS APPROXIMATE COST
Paleo Environmental Paleontologic Monitoring $ 7,390.00
Associates, Inc. and Mitigation Program
Technical & Business Air Quality Construction $80,691.00 (2 months)
Systems Monitoring Program $24,185.00 per add'l
month
Lowney Associates Geotechnical $ 4,890.00
EXHIBIT
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:21
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
March, 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 TECHNICAL & BUSINESS SYSTEMS,
INC. (hereinafter referred to
as "Consultant")
859 Second St.
Santa Rosa, CA 95404
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 monitor dust emissions
and other pollutants 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 air monitoring services and the
cost of the services; and
WHEREAS, Consultant previously performed air monitoring
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services as part of Parsons Infrastructure & Technology, Inc., which
has been performing services for the City in connection with South
Coast Air Quality Management District issues that may affect the
Project; and
WHEREAS, Parsons Infrastructure & Technology, Inc. has
reviewed the Proposal and has advised City that it is reasonable and
recommends that City utilize Consultant for the air monitoring services
necessary for the Project; and
WHEREAS, Consultant represents that it is qualified to
perform such services and is willing to render such professional
services as hereinafter defined; 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
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, conducting an analysis of air quality
data, preparing a monitoring plan for air quality and meteorology and
conducting an air quality and meteorological monitoring program It
is understood and agreed that in the event of a conflict between the
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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 provide monthly written progress reports, in
order to advise City, as quickly as possible, of significant milestones
or conclusions that will assist City in making progress toward the
completion of the Project. Consultant shall also meet with City staff,
upon City's request, or as needed, in order to provide reports or
information concerning the Services being performed by Consultant under
this Agreement.
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.
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4. COMPENSATION.
A. Consulting Costs.
City shall pay Consultant on a time and materials basis
according to the Schedule of Professional Fees, 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" shall not exceed Eighty
Thousand Six Hundred Ninety -One Dollars and No Cents ($80,691.00). In
the event that monitoring Services are needed beyond the two (2) month
period, the total amount to be paid to Consultant for each additional
month shall not exceed Twenty -Four Thousand One Hundred Eighty -Five
Dollars and No Cents ($24,185.00) per month. If changes and extra
services are requested by City pursuant to paragraph 6 of this
Agreement, then City shall pay for those services on a time and
materials basis per the hourly rate identified in Exhibit "B."
B. Other Expenses.
Expenses may only be billed if advance written approval has
been obtained from the City Administrator.
5. 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 for which compensation is due.
Consultant shall be responsible for paying any subcontractors used in
the performance of this Agreement. Subcontractors shall not bill City
directly.
Payment of each invoice shall be made after acceptance and
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approval by City within thirty (30) days of receipt. City's
approval of the invoice shall not be unreasonably withheld.
6. 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.
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
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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
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
lConsultant:
TECHNICAL & BUSINESS SYSTEMS, INC.
ATTN: DON LEHRMAN, CCM, PRINCIPAL
859 SECOND ST.
SANTA ROSA, CA 95404
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12. 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" and shall be
marked as such.
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,
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 City. Consultant shall
Make 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 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
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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.
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 Accent. 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
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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
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 bevoidand of no effect.
G. Amendments. This Agreement may be modified or
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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
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
(reference.
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
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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. 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:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
CITY OF VERNON
By:
LEONIS C. MALBURG, Mayor
TECHNICAL & BUSINESS SYSTEMS, INC.
ZZ
Title:
By:
Title:
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EXHIBIT A
environmental research associates
28150 Avenue Crocker suite 216 Valencia, CA 91355 (661) 294-1103 fax (661) 294-0236
January 27, 2003
Mr. Ramon Z. Abueg, P.E.
Assistant Director of Engineering & Operations
City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
Dear Ramon,
It was a pleasure meeting you on Tuesday to discuss. your project. Technical and
Business Systems (T&B Systems) would be pleased to assist you in the air monitoring
aspects of the program. As indicated at the meeting, I previously worked at Parsons for
10 years, and on numerous projects with Krishna Nand. We have an excellent working
relationship and worked well together on a variety of programs. This will be a very
interesting project and we are prepared to help you in addressing the project needs in a
timely and cost-effective manner.
This proposal identifies our scope of work and provides an estimate for the
requested services. Attached is our standard schedule of rates that will apply for work
performed during the calendar year 2003.
Our proposed scope of work will include, but not be limited to the following tasks:
• Conduct an analysis of air quality data from the SCAOMD Lynwood site to
establish the relationship of CO to NO,. The intent of the analysis will be to
determine if alternative monitoring techniques can be used to obtain the
requested air quality information.
• Prepare a monitoring plan for air quality and meteorology applicable to the
recommended staff conditions of certification. The monitoring plan will address
the measurement of wind speed and direction for determination of upwind and
downwind conditions as well as the measurement of PM10, CO and NO,.
Conduct an air quality and meteorological monitoring program to monitor the
concentrations of PM10i CO and NO. upwind and downwind of the plant facility
and provide the results on a daily basis to the CPM to aid in the implementation
of control measures to meet the goal of maintaining the emissions below the
short term ambient air quality standards. Additionally, we will work with the
program management to develop additional realistic upwind/downwind criteria for
the contribution of the plant activities to the downwind measured levels. We
recognize that the statement of 10 µg/m3 for all three pollutants in the
"Recommended Staff Conditions of Certification" is not applicable and needs to
be revised. We will evaluate the data from the Lynwood site to determine typical
background levels to help determine what the contribution levels should be and
Mr. Ramon Z. Abueg
January 27, 2003
Page 2
place those recommendations in the monitoring plan. We anticipate the
monitoring to be "near real-time" to provide results the following day to aid in
control effectiveness decisions based on observed values. We will work with
program management to implement appropriate monitoring methods. The initial
program is anticipated to include CO monitoring (with NOx determined by
parameterization) at up to 10 locations around the perimeter of the facility and
PM,o at four locations. This initial coverage will help determine the optimum
siting for upwind/downwind monitoring and strategic placement of a fewer
number of samplers. The monitoring program is expected to begin in early to
mid -April to capture background information and continue for approximately two
months through the end of June to encompass the two -month construction
period. Regular updates of the results will provide information to potentially
reduce the monitoring effort once the flow patterns at the facility are well
understood and/or if minimal impact is observed.
• The T&B Systems Project Manager will be Mr. Robert Baxter. Mr. David Yoho
will conduct the field data collection. Other T&B Systems support personnel may
be called upon as needed. Resumes of Mr. Baxter and Mr. Yoho are attached.
The estimated cost for the air monitoring program is based on the expectation of
having a technician at the site on a routine basis for the servicing of the monitoring
equipment and evaluation of the collected data. To the extent possible we would like to
have access to a room within the plant facility for storage of monitoring equipment,
spare parts, a processing computer and calibration gases. Additionally, access to a
phone line for data transmission, or preferably, an Ethernet connection to the Internet,
would be extremely helpful for cost effective and timely transmission of information.'
The estimated level of effort is provided in Table 1 below. Labor rates for T&B
Systems employees are provided in the attached Schedule of Professional Fees. Mr.
Baxter's rate is under the "Project Manager/Technical Director" category, while Mr.
Yoho's rate is under"Senior Technician."
For reference, we have estimated approximately $16,000 of the ODC dollars for the
program through the two -month monitoring period for rental from an outside source of
the PM,o measurement equipment. This equipment also accounts for about $5,000 of
the ODC cost for the "Cost per additional month." The T&B Systems equipment (CO
monitoring and calibration, and meteorological monitoring equipment) account for about
$4,500 for the two -month program and $1,500 of the costs for the additional month
estimate.
Work is anticipated on a time and materials basis. Invoices will be submitted
monthly with payment terms of Net 30 days. Through the course of the monitoring
program we will evaluate the data to determine if and when the monitoring scope can
be scaled back to reduce the overall monitoring program costs.
Mr. Ramon Z. Abueg
January 27, 2003
Page 3
Table 1. Estimated costs for field program support.
Task
Labor
ODC $
Estimated
`: Total $
Hours
$
Management, meetings and reporting
132
14,040
228
14,268
Monitoring an and related analyses
68
8,180
28
8,208
Preparation and two months monitoring
464
32,560
25,655
58,215
Total
664
54,7801
25,911
1 80,691
Cost per additional month 1 2181 15,5601 8,6251 24,185
We look forward to working with you on this project and will make every effort to provide
cost-effective and timely monitoring services
Sincerely,
Robert A. Baxter, CCM
Program Manager
Don Lehrman, CCM
Principal
r6CJA Q s
859 Second Street • Santa Rosa, CA 95404 • 707 526-2775 • FAX 707-579-5954
Resume: ROBERT A. BAXTER
Professional Certifications
Certified Consulting Meteorologist (CCM #531), American Meteorological Society
Educational Background
B. S., Meteorology, San Jose State University, 1977
Professional Experience
Mr. Baxter has spent 25 years in the meteorological and air pollution research field, including design and operation of
measurement systems, development and implementation of quality assurance programs, evaluation of environmental
impacts and development of air quality models through model validation programs using traditional and remote
profiling systems. His specialties include remote sensing for meteorological and ambient air monitoring, in -situ
monitoring using traditional meteorological and air quality sensors, tracer studies for model validation, ventilation and
source reconciliation, ultrasonic leak and flow measurements in refinery processes, quality assurance in monitoring and
environmental analysis programs, and training in the application of quality assurance principles to the collection of
environmental data. He has applied these specialties to a variety of measurement and analysis studies including
compliance with local and federal ambient air quality standards, PSD monitoring and analysis studies, odor, particulate
matter and hydrocarbon source/receptor reconciliation programs and aiding in development of guidance for various
measurement systems. He has been responsible for the evaluation of the air quality related analyses on numerous
environmental studies related to space launch activities. These analyses have included air quality impact, global
climate change, ozone depletion, reentry of space debris and visibility degradation due to rocket exhaust plumes. He
has been actively involved with the USEPA in development of guidance for the use of remote sensors in collection of
meteorological data and has served as a faculty member at multi -day workshops on quality assurance in the operation
and evaluation of data from remote and in -situ instrumentation.
Prior to joining T&B Systems, Mr. Baxter was a Program Manager for Parsons Corporation. There he conducted
numerous programs for data collection, quality assurance, methods development and data analysis. Recent programs
have included: development and implementation of measurement technologies for CO saturation monitoring studies in
the Las Vegas Valley during the winter of 2001/2002, development and implementation of the surface and upper air
meteorological quality assurance programs for the California Regional PMto/PMls Air Quality Study (CRPAQS) and
the Central California Ozone Study (CCOS) from 1999 through 2001, management of the CRPAQS southern Satellite
Network of over 20 stations for the measurement of particulate matter, visibility and VOCs, development and
implementation of tethered sounding techniques for auditing remotely sensed temperature measurements as part of the
dust monitoring efforts at Owens Dry Lake, and performance of numerous monitoring programs for air quality and
meteorological variables in California, Colorado and Hawaii.
In addition to the research and monitoring activities, Mr. Baxter has been actively involved in the development and
implementation of QA guidance and QA programs for a variety of agencies. He co-authored the Draft Guidelines for
the Quality Assurance and Management of PAMS Upper -Air Meteorological Data. This guidance formed the basis for
the upper -air sections in the recently released EPA guidance entitled Meteorological Monitoring Guidance for
Regulatory Modeling Applications. His knowledge and practical applications of QA principles have been used in his
projects and audit programs for the State of Hawaii, State of California, South Coast Air Quality Management District,
Santa Barbara County APCD, Clark County Department of Air Quality Management, Great Basin Unified Air
Pollution Control District, Texas Natural Resource Conservation Commission, Lawrence Berkeley National
Laboratory, and others.
Memberships/Committees
American Meteorological Society (AMS)
Air and Waste Management Association
American Society for Testing and Materials
National Council of Industrial Meteorologists
Gc�
859 Second Street - Santa Rosa. CA 95404 • 707-526-2775 - FAX 707-579-5954
Resume: DAVID L. YOHO
Educational Background
Graduate Program, Environmental Geography, CSU Northridge, 1998-present
B.A., Environmental Geography, CSU Northridge, 1998
Hydrolynx Training Certificate, Hydrolynx ALERT Systems Training Class, 1999
ASOS Weather Observing Certificate, National Weather Service, 1998
Professional Experience
Mr. Yoho is currently a scientist of T&B Systems and is responsible for conducting audits of air quality and
meteorological monitoring sites and assisting in air quality measurement programs. These include: QA
support of the South Coast Air Quality Management District (SCAQMD) eighteen station PM2S air quality
monitoring network and of the upper air and surface meteorological network, QA support for the Santa
Barbara County APCD air quality and meteorology PSD monitoring network, QA support for the Fresno
Asthmatic Children's Environmental Study (FACES) and Children's Health Study (CHS) programs where
he conducts audits of mobile and fixed air quality monitoring instrumentation for a program evaluating the
effects of air pollution on children's health, QA support of the Great Basin Unified Air Pollution Control
District (GBUAPCD) radar wind profiler and surface meteorological site in the Owens Valley. As part of
GBUAPCD contract, Mr. Yoho was responsible in assisting in the preparation and release of rawinsondes.
Mr. Yoho was also an auditor for the California Regional PMIa/PM2s Air Quality Study (CRPAQS) and
the Central California Ozone Study (COOS). He conducted audits of surface and upper air monitoring
systems for both studies, and conducted audits of particulate matter monitoring equipment for CRPAQS.
Mr. Yoho is the station operator for a PSD meteorological monitoring station in Ventura County. He
helped integrate and install the system and now provides routine data polling, calibration support and
processing and validation of the collected data. The station uses the most current technology for the
measurement of meteorological variables and implements the new Solar Radiation Delta Temperature
(SRDT) measurement technique for the determination of atmospheric stability. For a large carbon
monoxide saturation study in Las Vegas, he helped design and then fabricate instrumentation for the
collection of CO data at more than 60 monitoring stations. For the same study he integrated and operated
sampling equipment in a van for mobile measurements and mapping of CO during the 2001/2002
wintertime saturation study. For the CRPAQS program, in addition to his QA duties, he operated a multi -
site network in the desert southwest for the measurement of visibility.
EXHIBIT B
■
11
859 Second St., Santa Rosa, CA 95404
(707) 526-2775 Fax (707) 579-5954
Technical & Business Systems, Inc. Email: don@tbsys.com
environmental research asecclates
SCHEDULE OF PROFESSIONAL FEES
(Time and Materials Rates Effective January 1, 2003)
PROFESSIONAL SERVICES: Hourly Rates
Project Manager/Technical Director .............................................................. $122.00
ProjectManager........................................................................................ 115.00
Senior Scientist................................................................................................ 105.00
Staff Scientist..................................................................................................... 85.00
Scientist............................................................................................................. 75.00
Computer Programmer..................:................................................................... 70.00
Expert Scientist Consultant............................................................................. 250.00
TECHNICAL SERVICES:
SeniorTechnician.......................................................................................... $60.00
Technician......................................................................................................... 50.00
SUPPORT SERVICES:
Technical Illustrator......................................................................................... $65.00
Clerical............................................................................................................... 50.00
DataProcessing................................................................................................ 43.00
MISCELLANEOUS:
Materials and Other Direct Costs ..................
..................................... Cost + 10 %
EXHIBIT C
' ' 1
• 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
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 Damaa
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
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
$Z000,000
$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 „C'
. it
SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
Finance Committee
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
March 13, 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
At this time it is necessary that the services of Technical & Business
Systems be retained to provide an air quality construction program for
the Malburg Generating Station Project at an approximate cost of
$80,691.00 for two months and $24,185.00 for each additional month
thereafter.
This has been reviewed by the Finance Administrator and it is hereby
recommended that the Contract Services with Technical & Business
Systems be retained and an Agreement be approved and executed.
Very truly yours,
Bruce V. Malkenhorst
Director of Finance
BVM/gm
IA5
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
February 11, 2003
Mr. Bruce V. Malkenhorst
City Administrator
City Of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
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: Revision of Letter of
February 5 2-003 in Regards to Consultant Services for
Permittinq and Construction of Power Plant
Dear Bruce:
I previously requested your authorization to employ several
consultants for the Malburg Generating Station (MGS) Project.
Some of these consultants have proposals with no contracts and
one has a proposed contract. All of the consultants need to
have contracts drafted by the City Attorney for City Council
approval.
I request your authorization to allow these proposed consultants
to commence work pending approval of their contracts being
approved by the City Council. They recognize that they are at
risk until they receive final approval. All of these
consultants work under the existing MGS consultant, Parsons
Engineering Science, Inc., which is now Parsons Infrastructure &
Technology, Inc. A revised attachment identifying the
consultants we propose to authorize to commence work is
attached.
Mr. Bruce V. Malkenhorst
February 11, 2003
Page 2
Under separate memo I will submit to you the additional work the
City will need from Parsons in relation to all of the above
contracts and environmental management of the power plant and
the construction of the power plant.
I look forward to discussing this matter with you at your
earliest convenience.
Sincerely,
�: ��z
Eric Fresch
Finance Administrator
EF: j 1
Enclosure
cc: Eduardo Olivo, City Attorney
Ken DeDario, Director of Utilities
0
Mr. Bruce V. Malkenhorst
February 11, 2003
Page 3
CONSULTANT
REVISED ATTACHMENT
SERVICE AREAS
Paleo Environmental Paleontologic Monitoring
Associates, Inc. and Mitigation Program
Technical & Business Air Quality Construction
Systems Monitoring Program
Lowney Associates Geotechnical
II
APPROXIMATE COST
$80,691.00 (2 months)
$24,185.00 per add'1
month
_4,890.00
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
February 5, 2003
�II _z, I o3
4305 SANTA FE AVENUE, VERNON, CALI
TELEPHONE (323) 583-8811
Mr. Bruce V. Malkenhorst
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
EDUARDO OLIVO
City Attorney
X: (562) 869-1883
KEVIN WILSON
Communitv Services & Water
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
Re: Malburg Generating Station Project — New Consulting Services for'Permitting and
Construction of Power Plant
Dear Bruce:
I request your authorization for the City to employ the following consultants for the services
described in the attached schedule in connection with the Malburg Power Plant, subject to review
by the City Attorney.
Three of the consultants have proposed contracts attached. The City has received these bids with
the aid of Parsons Engineering. The other proposed consultants will need agreements drafted by
the City _Atto e , as soon as further information is obtained. These consultants are also
identified by category in the attachment.
Finally, the City will need contracts with certain identified landowners in order to provide lay -
down area support for the construction of the power plant. These proposed landowners are also
identified in the attachment.
t
Page - 2
I look forward to discussing these matters with you at your earliest convenience.
Sincerely,
Eric Fresch
Legal Counsel
EF:ah
Attachments
c: Eduardo Olivo
Kenneth J. DeDario
ATTACHMENT
Contracts needed to support permitting, construction, and compliance efforts:
1. Cultural Resources Specialist (Parsons) to prepare monitoring plant and employee
training with respect to historical resources at project site and gas/sewer/water
corridor.
1*11 Paleontologist (Parsons) Paleo Environmental Associates, Inc.) to prepare monitorin
rogram and training for skulls and bones.
Air Quality Construction Monitoring Program (Parsons/Technical Business Systems)lzl�'
to monitor dust emissions and other pollutants during project construction.
4. We will need to hire third party test companies during construction to provide
certified test reports on the following:
- structural (foundation, welding, etc.)
- mechanical
- electrical
- instrumentation and control
- geotechnical
- EMF consultant
Contracts needed to support construction:
1. Owens Brockway parking lot c/o Soto and 50tn`
2. Owens Brockway 2.5 acre lot for storage and warehouse.
Cultural Resources Studies - Malburg Generating Station Project
r
SCOPE OF WORK, COST ESTIMATE,
AND SCHEDULE
FOR
CULTURAL RESOURCES STUDIES
MALBURG GENERATING STATION PROJECT
JAN UARY 28, 2003
CAWINDOWSUemporary Intemet Files\OLK80F0\Scope and Cost Cultural.doc 1
Cultural Resources Studies - Malburg Generating Station Project
SCOPE OF WORK
Parsons is proposing to perform the following four tasks as part of the cultural resources
studies for the Malburg Generating Station (MGS) Project:
Task 1 Review Background Materials and Prepare Cultural Resources
Mitigation Monitoring Plan
Prior to any ground disturbing activities, Parsons shall submit to the Construction Project
Manager (CPM) resumes of the proposed and alternate Cultural Resources Specialists (CRS) as
directed in the Conditions for Certification. Parsons will also obtain background materials and
review them. In addition, Parsons will obtain maps and drawings showing the footprint of the
power plant and all linear facilities. Parsons will ensure that all maps are forwarded to the CPM
as directed in the Conditions for Certification.
Prior to any ground disturbing activities, Parsons shall prepare and submit for review and
approval, the Cultural Resources Monitoring and Mitigation Plan (CRMMP) to the CPM as
directed in the Conditions for Certification.
Task 2 Conduct Worker Environmental Awareness Program (WEAP)
Parsons shall conduct a Worker Environmental Awareness Program (WEAP), on a weekly basis,
for all new (non -cultural resources) employees starting prior to the beginning and for the
duration of ground disturbance as directed in the Conditions for Certification. Parsons will also
assist in developing a Video for the WEAP, which will be used every week for new employees.
Task 3 Monitor Ground Disturbance
Parsons team shall monitor ground disturbance in the vicinity of the project site, along the
linears, and ground disturbance at laydown areas or other ancillary areas to ensure there are no
impacts to undiscovered resources and to ensure that known resources are not impacted in an
unanticipated manner.
Task 4 Prepare and Submit Cultural Resources Report
Within 90 days of conclusion of all ground disturbing activities, Parsons shall prepare
and submit for review and approval, the Cultural Resources Report (CRR) to the CPM as
directed in the Conditions for Certification
CAWINDOWSUemporary Internet Files\0LK80F0\Scope and Cost Cultural.doc 2
Cultural Resources Studies Malburg Generating Station Project Page 3
COST PROPOSAL
Not -To -Exceed
Project Task Cost Estimate
1 - Review Background Materials and Prepare CRMMP $7,000
2— Conduct Worker Environmental Awareness Program (WEAP) $3,500
3 — Monitor Ground Disturbance $45,600
4 - Prepare and Submit Cultural Resources Report $11,500
5 — Project Management $7,000
Estimated Total Costs $74,600
The above cost estimate is based on the following assumptions:
1. No new cultural resources will be recorded. If previously unidentified cultural resources
are encountered and determined to warrant recording, additional hours may be required.
2. This budget does not include the cost for hiring of a Native American monitor. If a
Native American monitor/consultant is required, Parsons will prepare a separate cost
estimate and forward to the City for their approval.
CAWINDOWS\Temporary Intemet Fi1es\0LK80F0\Scope and Cost Cultural.doc 3
DATE: January 27, 2003
TO: Mr. Ramon Z. Abueg, P.E.
Assistant Director of Engineering & Operations
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
FROM: E. Bruce Lander, Ph.D.
Paleo Environmental Associates, Inc.
2248 Winrock Ave.
Ahadena, 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 -moving 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. If 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 specimen/site 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 626/797-9895 or paleo@earthlink.net if you have any question or comment regarding this
proposal. Thank you for your consideration.
Cordially,
E. Bruce Lander, Ph.D.,
President
cc: Dr. Krishna Nand, Parsons
R.D. Turner, PEAI
2003-1
vernon mit-pr.doc
PALED ENVIRONMENTAL ASSOM TES
CITY OF VERNON MALBURG GENERATING STATION PROJECT
Paleontologic Resouce Monitoring and Mitigation Program Workscope/Budget
TASK HOURS MILES DAYS RATE SUBTOTAL
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
$1,040.00
Mileage:
50
1
$0.36
$18.00
Subtotal:
$2,876.00
PAL-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:
$28,682.00
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
Principal Resource 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: 1 $42,708.00
vemon-pr 1 2003-1
__ 4 2003-1
_Or&A4�� le
environmental research associates
28150 Avenue Crocker suite 216 Valencia, CA 91355 (661)294-1103 fax (661) 284-0236
January 27, 2003
Mr. Ramon Z. Abueg, P.E.
Assistant Director of Engineering & Operations
City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
Dear Ramon,
It was a pleasure meeting you on Tuesday to discuss your project. Technical and
Business Systems (T&B Systems) would be pleased to assist you in the air monitoring
aspects of the program. As indicated at the meeting, I previously worked at Parsons for
10 years, and on numerous projects with Krishna Nand. We have an excellent working
relationship and worked well together on a variety of programs. This will be a very
interesting project and we are prepared to help you in addressing the project needs in a
timely and cost-effective manner.
This proposal identifies our scope of work and provides an estimate for the
requested services. Attached is our standard schedule of rates that will apply for work
performed during the calendar year 2003.
Our proposed scope of work will include, but not be limited to the following tasks:
Conduct an analysis of air quality data from the SCAQMD Lynwood site to
establish the relationship of CO to NO,. The intent of the analysis will be to
determine if alternative monitoring techniques can be used to obtain the
requested air quality information.
• Prepare a monitoring plan for air quality and meteorology applicable to the
recommended staff conditions of certification. The monitoring plan will address
the measurement of wind speed and direction for determination of upwind and
downwind conditions as well as the measurement of PM1o, CO and NOx.
Conduct an air quality and meteorological monitoring program to monitor the
concentrations of PM1o, CO and NOx upwind and downwind of the plant facility
and provide the results on a daily basis to the CPM to aid in the implementation
of control measures to meet the goal of maintaining the emissions below the
short term ambient air quality standards. Additionally, we will work with the
program management to develop additional realistic upwind/downwind criteria for
the contribution of the plant activities to the downwind measured levels. We
recognize that the statement of 10 µg/m3 for all three pollutants in the
"Recommended Staff Conditions of Certification" is not applicable and needs to
be revised. We will evaluate the data from the Lynwood site to determine typical
background levels to help determine what the contribution levels should be and
I
Mr. Ramon Z. Abueg
January 27, 2003
Page 2
place those recommendations in the monitoring plan. We anticipate the
monitoring to be "near real-time" to provide results the following day to aid in
control effectiveness decisions based on observed values. We will work with
program management to implement appropriate monitoring methods. The initial
program is anticipated to include CO monitoring (with NO, determined by
parameterization) at up to 10 locations around the perimeter of the facility and
PM,o at four locations. This initial coverage will help determine the optimum
siting for upwind/downwind monitoring and strategic placement of a fewer
number of samplers. The monitoring program is expected to begin in early to
mid -April to capture background information and continue for approximately two
months through the end of June to encompass the two -month construction
period. Regular updates of the results will provide information to potentially
reduce the monitoring effort once the flow patterns at the facility are well
understood and/or if minimal impact is observed.
• The T&B Systems Project Manager will be Mr. Robert Baxter. Mr. David Yoho
will conduct the field data collection. Other T&B Systems support personnel may
be called upon as needed. Resumes of Mr. Baxter and Mr. Yoho are attached.
The estimated cost for the air monitoring program is based on the expectation of
having a technician at the site on a routine basis for the servicing of the monitoring
equipment and evaluation of the collected data. To the extent possible we would like to
have access to a room within the plant facility for storage of monitoring equipment,
spare parts, a processing computer and calibration gases. Additionally, access to a
phone line for data transmission, or preferably, an Ethernet connection to the Internet,
would be extremely helpful for cost effective and timely transmission of information.
The estimated level of effort is provided in Table 1 below. Labor rates for T&B
Systems employees are provided in the attached Schedule of Professional Fees. Mr.
Baxter's rate is under the "Project Manager/Technical Director" category, while Mr.
Yoho's rate is under "Senior Technician."
For reference, we have estimated approximately $16,000 of the ODC dollars for the
program through the two -month monitoring period for rental from an outside source of
the PM10 measurement equipment. This equipment also accounts for about $5,000 of
the ODC cost for the "Cost per additional month." The T&B Systems equipment (CO
monitoring and calibration, and meteorological monitoring equipment) account for about
$4,500 for the two -month program and $1,500 of the costs for the additional month
estimate.
Work is anticipated on a time and materials basis. Invoices will be submitted
monthly with payment terms of Net 30 days. Through the course of the monitoring
program we will evaluate the data to determine if and when the monitoring scope can
be scaled back to reduce the overall monitoring program costs.
Mr. Ramon Z. Abueg
January 27, 2003
Page 3
Table 1. Estimated costs for field program support.
Task
Labor
ODC $
Estimated
Total $
Hours
$
Management, meetings and reporting
132
14,040
228
14,268
MonitoringIan and related analyses
68
8,180
28
8,208
Preparation and two months monitoring464
32,560
25,655
58,215
Total
664
54,780
25,9111
80,691
Cost per additional month 1 218 1 15,560 8,625 1 24,185
We look forward to working with you on this project and will make every effort to provide
cost-effective and timely monitoring services
Sincerely,
Robert A. Baxter, CCM
Program Manager
Don Lehrman, CCM
Principal
859 Second St., Santa Rosa, CA 95404
(707) 526-2775 Fax (707) 579-5954
Technical & Business Systems, Inc. Email: don@tbsys.com
environmental research associates
SCHEDULE OF PROFESSIONAL FEES
(Time and Materials Rates Effective January 1, 2003)
PROFESSIONAL SERVICES: Hourly Rates
Project Manager/Technical Director.............................................................. $122.00
ProjectManager ........................................................................................... 115.00
SeniorScientist................................................................................................ 105.00
StaffScientist..................................................................................................... 85.00
Scientist.......................................................................................................... 75.00
ComputerProgrammer...................................................................................... 70.00
Expert Scientist Consultant.............................................................................. 250.00
TECHNICAL SERVICES:
Senior Technician............................................................................................ $60.00
Technician......................................................................................................... 50.00
SUPPORT SERVICES:
Technical Illustrator......................................................................................... $65.00
Clerical............................................................................................................... 50.00
DataProcessing................................................................................................ 43.00
MISCELLANEOUS:
Materials and Other Direct Costs............................................................. Cost + 10 %
Resume: ROBERT A. BAXTER
Professional Certifications
Certified Consulting Meteorologist (CCM #531), American Meteorological Society
Educational Background
B. S., Meteorology, San Jose State University, 1977
Professional Experience
Mr. Baxter has spent 25 years in the meteorological and air pollution research field, including design and operation of
measurement systems, development and implementation of quality assurance programs, evaluation of environmental
impacts and development of air quality models through model validation programs using traditional and remote
profiling systems. His specialties include remote sensing for meteorological and ambient air monitoring, in -situ
monitoring using traditional meteorological and air quality sensors, tracer studies for model validation, ventilation and
source reconciliation, ultrasonic leak and flow measurements in refinery processes, quality assurance in monitoring and
environmental analysis programs, and training in the application of quality assurance principles to the collection of
environmental data. He has applied these specialties to a variety of measurement and analysis studies including
compliance with local and federal ambient air quality standards, PSD monitoring and analysis studies, odor, particulate
matter and hydrocarbon source/receptor reconciliation programs and aiding in development of guidance for various
measurement systems. He has been responsible for the evaluation of the air quality related analyses on numerous
environmental studies related to space launch activities. These analyses have included air quality impact, global
climate change, ozone depletion, reentry of space debris and visibility degradation due to rocket exhaust plumes. He
has been actively involved with the USEPA in development of guidance for the use of remote sensors in collection of
meteorological data and has served as a faculty member at multi -day workshops on quality assurance in the operation
and evaluation of data from remote and in -situ instrumentation.
Prior to joining T&B Systems, Mr. Baxter was a Program Manager for Parsons Corporation. There he conducted
numerous programs for data collection, quality assurance, methods development and data analysis. Recent programs
have included: development and implementation of measurement technologies for CO saturation monitoring studies in
the Las Vegas Valley during the winter of 2001/2002, development and implementation of the surface and upper air
meteorological quality assurance programs for the California Regional PM10/PM2s Air Quality Study (CRPAQS) and
the Central California Ozone Study (CCOS) from 1999 through 2001, management of the CRPAQS southern Satellite
Network of over 20 stations for the measurement of particulate matter, visibility and VOCs, development and
implementation of tethered sounding techniques for auditing remotely sensed temperature measurements as part of the
dust monitoring efforts at Owens Dry Lake, and performance of numerous monitoring programs for air quality and
meteorological variables in California, Colorado and Hawaii.
In addition to the research and monitoring activities, Mr. Baxter has been actively involved in the development and
implementation of QA guidance and QA programs for a variety of agencies. He co-authored the Draft Guidelines for
the Quality Assurance and Management of PAMS Upper -Air Meteorological Data. This guidance formed the basis for
the upper -air sections in the recently released EPA guidance entitled Meteorological Monitoring Guidance for
Regulatory Modeling Applications. His knowledge and practical applications of QA principles have been used in his
projects and audit programs for the State of Hawaii, State of California, South Coast Air Quality Management District,
Santa Barbara County APCD, Clark County Department of Air Quality Management, Great Basin Unified Air
Pollution Control District, Texas Natural Resource Conservation Commission, Lawrence Berkeley National
Laboratory, and others.
Memberships/Committees
American Meteorological Society (AMS)
Air and Waste Management Association
American Society for Testing and Materials
National Council of Industrial Meteorologists
Resume: DAVID L. YOHO
Educational Background
Graduate Program, Environmental Geography, CSU Northridge, 1998-present
B.A., Environmental Geography, CSU Northridge, 1998
Hydrolynx Training Certificate, Hydrolynx ALERT Systems Training Class, 1999
ASOS Weather Observing Certificate, National Weather Service, 1998
Professional Experience
Mr. Yoho is currently a scientist of T&B Systems and is responsible for conducting audits of air quality and
meteorological monitoring sites and assisting in air quality measurement programs. These include: QA
support of the South Coast Air Quality Management District (SCAQMD) eighteen station PM2.5 air quality
monitoring network and of the upper air and surface meteorological network, QA support for the Santa
Barbara County APCD air quality and meteorology PSD monitoring network, QA support for the Fresno
Asthmatic Children's Environmental Study (FACES) and Children's Health Study (CHS) programs where
he conducts audits of mobile and fixed air quality monitoring instrumentation for a program evaluating the
effects of air pollution on children's health, QA support of the Great Basin Unified Air Pollution Control
District (GBUAPCD) radar wind profiler and surface meteorological site in the Owens Valley. As part of
GBUAPCD contract, Mr. Yoho was responsible in assisting in the preparation and release of rawinsondes.
Mr. Yoho was also an auditor for the California Regional PMI0/PM2,5 Air Quality Study (CRPAQS) and
the Central California Ozone Study (CCOS). He conducted audits of surface and upper air monitoring
systems for both studies, and conducted audits of particulate matter monitoring equipment for CRPAQS.
Mr. Yoho is the station operator for a PSD meteorological monitoring station in Ventura County. He
helped integrate and install the system and now provides routine data polling, calibration support and
processing and validation of the collected data. The station uses the most current technology for the
measurement of meteorological variables and implements the new Solar Radiation Delta Temperature
(SRDT) measurement technique for the determination of atmospheric stability. For a large carbon
monoxide saturation study in Las Vegas, he helped design and then fabricate instrumentation for the
collection of CO data at more than 60 monitoring stations. For the same study he integrated and operated
sampling equipment in a van for mobile measurements and mapping of CO during the 2001/2002
wintertime saturation study. For the CRPAQS program, in addition to his QA duties, he operated a multi -
site network in the desert southwest for the measurement of visibility.
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
April 29, 2003
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
Technical & Business Systems, Inc.
Attn: Don Lehrman, CCM Principal
859 Second St.
Santa Rosa, CA 95404
Re: Agreement for Professional Consulting Services
Dear Mr. Lehrman:
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 March 19, 2003.
If you have any questions regarding this matter, please call Mr.
Kenneth DeDario at (323) 583-8811 ext. 211.
Very truly yours,
elly Giron
Assistant to the Chief Deputy City Clerk
NG/gm
CC: Kenneth DeDario
Dolores Fonseca
Resolution No. 8172
Agreement No. 03-029
MAR-26-2003 WED 09:13 AM OLIVO & PLASCENCIA FAX NO. 562 869 1883
P. 01/01
C'!'1'Y CUUNC'fl,
I.1;0N6C_ MAI•li W'.
Wyor
TffOMA5 A. WAI:RA
Mayor Pro-11-111
WM, tetra.; • DAVIS
COnu,L ilnian
1-1. "LARRY" C.ON2,ALM
01111aihnan
W. MIQ 1AF1. MCX.'01?M1C,K
MMC H V, MAI.Kt,'Nf 101:5'1'
City AJmini ;tratnr/City f•i"rk
VAX (32A) 92G• 143n
CITY HALL
4305 SAN•f'A WI AVENUI', VERNON, CALIFORNIA 90058
'rlif .I:I'l10NI? (323) 5&1--S811
March 25, 2003
Virr I acsilnile & 14"y. Mail
(707) 579-5954 facsimile
Doll Lebrivan
Principal
TOch"ical & 13tfsiness Systems inc.
859 Second Sircct
S:111t.1 Rosa, (;alifoniha 95404
I:DU'ARDO OUVO
City Altomay
FAX: (562) 869 1883
KEVIN WILSON
lYm-clor of Community Servicos & Water
FAX; (323) 826-14.15 .
KENNUI I J. DeDARIO
Director of Municipal Utifili"s
FAX: (323) 826-1425
Si'F:VIiN F.1'ARKf R
r•►n• chief
FAX: (323) 826-11107
13RUCE W. OLSON
Police (3iiof
MAX: (323) 826-1481
Re: City of Vernon — Technical & Business Systems Inc. Contract for
Meastiremunts of Ambient Dust and Carbon Monoxide
Dear Mr, l ,ehrman:
As i discussed with Bob Backstor of your office this morning, the City of Vernon
is Willing to waive its nonnal insur uicc requirements in connection with the above -referenced
contract. You will not be required to have General Professional Liability Insumce for the
services that aro boiilg conducted ptlrsutant to the contract.
1 f yotl have any questions, please contact tne.
/Sincerely,
Eduardo Olivo
City Attorney
cc: Joan prancono
Disk Management
jwly i.clir
L.cgal Department
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
March 13, 2003
Mr. Don Lehrman, CCM
Principal
Technical & Business Systems, Inc.
859 Second Street
Santa Rosa, CA 95404
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVI 1LSON
or of Co unity Services &Water
X:(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 . .
IVOV? -- ,
VIA FEDERAL EXPRESS
Re: Agreement for Professional Consulting Services
Dear Mr. Lehrman:
Enclosed please find two duplicate originals of the
aforementioned Agreement for signature. Please return both
signed originals to the City to the attention of Judy Lehr,
Legal Department, by Monday morning, March 17, 2003. The
Agreement is scheduled to be considered by the City Council at
its regular meeting on March 19, 2003.
Once the originals are executed by the City, one fully
executed original will be returned to you for your files.
Please refer to the enclosed "City of Vernon Signature
Requirements for City Agreements" and comply with the
requirements set forth for your company.
I thank you for your cooperation regarding this matter.
Vey truly you ,
Eduardo Olivo
City Attorney
Jl
Enclosures
cc: Ms. Gloria Orosco, Chief Deputy City Clerk (w/o encls.)