Resolution No. 81801 RESOLUtION NO. 8180
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
4 AN AGREEMENT FOR CONSULTING SERVICES REGARDING
5 CULTURAL RESOURCES STUDIES BY AND BETWEEN THE CITY
OF VERNON AND PARSONS INFRASTRUCTURE & TECHNOLOGY,
6 INC. FOR THE MALBURG GENERATING STATION PROJECT
7 WHEREAS, the City of Vernon ("City") is proceeding at this
8 time to develop a 134 MW Combined Cycle Power Plant officially named
9 the Malburg Generating Station (the "Malburg Project") for the purpose
10 of installing additional generating capacity that will yield an
11 efficient, cost-effective, and reliable source of electric generation
12 to the City of Vernon's inhabitants; and
13 WHEREAS, the City has determined that it needs the services
14 of a consultant who possesses the technical knowledge and expertise to
15 produce a cultural resources monitoring and mitigation plan and a
16 worker environmental awareness program during construction of the
17 Project; and
18 WHEREAS, City staff have determined that, as a result of the
19 past services provided by Parsons Infrastructure & Technology, Inc.,
20 formerly Parsons Engineering Science, Inc., ("Parsons") for the Malburg
21 Project, it would be able to provide the services now required by the
22 City in a more efficient and effective manner; and
23 WHEREAS, on April 8, 2003, the Finance Committee considered
24 the recommendation of Bruce V. Malkenhorst, Director of Finance, dated
25 April 3, 2003, that an agreement with Parsons be approved and
26 executed; and
27 WHEREAS, the City Council of the City of Vernon has
28 determined that, pursuant to the provisions of subsection (a) of
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Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into a contract with.Parsons setting forth the
terms and conditions for the performance of cultural resources
monitoring and implementation of a mitigation program and a 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
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement for Consulting Services Regarding cultural
Resources Studies, with Parsons Infrastructure & Technology, Inc., a
copy which is attached hereto as Exhibit "A" and made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Agreement for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Agreement to:
Parsons Infrastructure & Technology, Inc.
Attn. Mr. Krishna Nand, Ph.D., Q.E.P., Associate
100 West Walnut Street
Pasadena, CA 91124
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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
LL-w
LEONIS C. MADBURG, Nayor
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1 !
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.
8180, 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
CONSULTING SERVICES REGARDING CULTURAL RESOURCES STUDIES
THIS AGREEMENT FOR CONSULTING SERVICES is made, entered into
and executed in duplicate originals, either copy of which may be
considered and used as the original hereof for all purposes, as of this
16th 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, CA 90058
AND PARSONS INFRASTRUCTURE &
TECHNOLOGY, INC. (hereinafter
referred to as "Consultant")
100 West Walnut Street
Pasadena, CA 91124
RECITALS
WHEREAS, City is constructing the Malburg Generating Station
Combined Cycle Power Plant (the "Project"); and
WHEREAS, City and Consultant are parties to an Agreement for
Professional Consulting Services in connection with the Project; and
WHEREAS, City requires a consultant to perform cultural
resources monitoring and implement a mitigation program during
1construction of the Project; and
WHEREAS, Consultant has provided City with a Scope of Work and
Cost Estimate and Schedule for Cultural Resources Studies, Malburg
Generation Station Project, dated January 28, 2003 ("Proposal") for such
services and has advised City that it is capable of providing such
services to City; and
WHEREAS, Consultant acknowledges that the work it will be
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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, due to Consultant's experience with the Project and
based upon its Proposal and experience, City desires to enter into.
this Agreement with Consultant.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
(FORTH HEREIN:
1. SCOPE OF WORK.
Consultant shall 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, the following tasks: (1) review
background materials and prepare cultural resources mitigation
monitoring plan; (2) conduct worker environmental awareness program;
(3) monitor ground disturbance; (4) prepare and submit Cultural
Resources Report; and (5) provide project management. 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."
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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.
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 pursuant to the Cost Proposal portion of the
Proposal (page 3 of Exhibit "A"). Consultant shall complete each of the
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five Project Tasks identified in the Cost Proposal, for the not -to -
exceed cost estimate identified for each Project Task. Consultant
shall be required to perform the entire Scope of Work, including all
Project Tasks, for a total price that shall not exceed Seventy -Four
Thousand Six Hundred Dollars and No Cents ($74,600.00).
In the event that there are previously unidentified
cultural resources encountered that warrant recording or require the
participation of a Native American monitor/consultant, Consultant will
prepare and forward a separate cost estimate to the City for its
approval. Any changes and extra Services requested by City will be
handled in accordance with Section 6 of this Agreement.
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 for payment. Invoices
shall contain an itemization of Services rendered, directly related job
expenses and subcontractor charges incurred by Consultant for which
compensation is due, and an estimate of the percentage completed for
each milestone or task. Consultant shall be responsible for paying any
subcontractors used in the performance of this Agreement. Sub-
contractors shall not bill City directly.
Payment of each invoice shall be made after acceptance
and approval by City within thirty (30) days of receipt. City's
approval of the invoice shall not be unreasonably withheld.
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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
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
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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: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
Consultant: PARSONS INFRASTRUCTURE & TECHNOLOGY, INC.
ATTN: KRISHNA NAND, PH.D., Q.E.P., ASSOCIATE
100 WEST WALNUT STREET
PASADENA, CA 91124
12. CONFIDENTIAL INFORMATION.
A. Access to Confidential Information. City may
provide Consultant and/or its subcontractor with, or allow Consultant
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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.
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 the 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
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may only disclose Confidential Information required to be disclosed
pursuant to court order or subpoena after legal counsel has
exhausted any lawful and timely appeal or challenge.
D. Remedies. In addition to any other remedies that it
may have at law or in equity, City shall be entitled to a temporary and
permanent injunction by a court of competent jurisdiction against any
breach or threatened breach of the Confidential Information provisions
of this Agreement. Consultant acknowledges that in case of such breach
or threatened breach of said provisions, City would have no adequate
remedy at law.
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
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all costs and expenses incurred in connection therewith, including
reasonable attorney's fees and costs of defense arising out of the
negligent Services performed under this Agreement, except to the extent
arising from or caused by the negligence or willful misconduct of City,
its officers, agents or employees.
D. Insurance. Prior to commencing work hereunder,
Consultant shall provide City with proof of insurance providing and
maintaining the coverages and endorsements set forth in the Insurance
Schedule attached hereto as Exhibit "B" 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
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1 to this Agreement shall be void and of no effect.
2 G. Amendments. This Agreement may be modified or
3 amended only by a written document executed by both Consultant and City
4 and approved as to form by the City Attorney.
5 H. Entire Agreement. This Agreement is the entire
6 agreement of the parties. Consultant represents that in entering into
7 this Agreement, it has not relied on any previous representations or
8 understandings of any kind or nature
9 I. Benefit of Agreement. This Agreement shall bind and
10 benefit the parties hereto and their heirs, successors, and permitted
11 assigns.
12 J. Forum Selection. Any action brought relating to
13 this Agreement shall be brought and held exclusively in a State Court
14 in the County of Los Angeles, California.
15 K. Recitals. All recitals are incorporated by
16 reference.
17 L. Waiver. Any waiver at any time by either party of
18 its rights with respect to a default under this Agreement, or with
19 respect to any other matters arising in connection with this Agreement,
20 shall not be deemed a waiver with respect to subsequent default or
21 other matter.
22 M. Force Maieure. Neither Party shall be considered to
23 be in default in any of its obligations under this Contract when a
24 failure of performance shall be due to an uncontrollable force. The
25 term "uncontrollable force" shall mean any cause beyond the control of
26 the party affected, including, but not restricted to, flood,
27 earthquake, storm, fire, lightening, epidemic, war, riot, civil
28 disturbance or disobedience, labor dispute, labor material shortage,
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sabotage, federal, state, or municipal action, statute, ordinance, or
regulation, embargoes of the United States Government or any other
government, which by exercise of due diligence such party could not
reasonably have been expected to avoid and by exercise of due diligence
has been unable to overcome. Either party rendered unable to fulfill
any of its obligations under this Agreement by reason of an
uncontrollable force, shall give written notice within five (5)
Business Days of such fact to the other party and shall exercise due
diligence to remove such inability with all reasonable dispatch.
N. Warranty. Consultant warrants that the Services to
be rendered pursuant to this Agreement shall be performed in accordance
with the standards customarily provided by an experienced and competent
professional engineering organization rendering the same or similar
Services.
1 IN WITNESS WHEREOF, the parties have caused this Agreement to
2 be executed by and through their authorized officers on the date, month
3 and year first written above.
4 CITY OF VERNON
5 By:
LEONIS C. MALBURG, Mayor
6 ATTEST:
7
8 BRUCE V. MALKENHORST, City Clerk
9 APPROVED AS TO FORM:
10
EDUARDO OLIVO, City Attorney
11 PARSONS INFRASTRiJCTURE &
TECHNOLOGY, INC.
12
13 By:
U�
14 Title : sl' U I Ge t Y'PSi
15
16 By:
17 Title:
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EXIIIB ff A
Cultural Resources Studies - Malburg Generating Station Project '
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 GeneMiing 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 (CRMW) 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 FileAOLK801701Scope and Cost Cultural.doc 2
C01tur6l 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.
C_\WINDOWS\Temporary Intemet Files\OLK80F0\Scope and Cost Cultural.doc 3
EXHIBIT B
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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
HiredAutomobiles
$ 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 employ
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
Contractual Liability
$1,000,000
$2,000,000
$1 MOSO0
Professional Liability
$2,000,000
$2,000,000
$2,000,000
a. The general liability policy shall contain the following special endorsements which shall be noted on or
attached to the standard certificate of insurance:
1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under
the policy.
2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
3. An endorsement providing coverage for all operations under this Agreement.
4. Such other endorsement as may be required by addendum hereto.
b. In addition to the standard certificate of insurance, proof of general and professional liability coverage
shall be furnished in the form checked below. Certification of the following proofs by the insurance
agent or broker will not be accepted:
X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and
statements in the standard certificate of insurance (attached thereto) are true and correct and that
the signator is an officer authorized to so certify.
_ A copy of each policy certified by an officer of the underwriter or carrier and notarized.
EXHIBIT
SUPPORTING
_
'
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
April 3, 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
�xxb
v�o�'
At this time it is necessary that the Professional Consulting Services
of Parsons Infrastructure & Technology, Inc., be retained to provide
Cultural Resources Monitoring, a Mitigation Plan, and a Worker
Environmental Awareness Program at a not -to -exceed cost of $74,600.00
for the Malburg Generating Station Project.
This has been reviewed by the Director of Utilities and the City
Attorney and it is hereby recommended that the Professional Consulting
Services Agreement with Parsons Infrastructure & Technology, Inc., be
approved and executed.
Very truly yours,
�
Bruce V. Malkenhorst
Director of Finance
BVM/gm
CIT1V'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
March 5, 2003
CITY HALL
4305 SAWA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 58348811
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) 826-14o7
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 % 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.
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,
64�-
Eric Fresch
Legal Counsel
EF:ah
Attachments
c: Eduardo Olivo
Ken DeDario
Jorge Somoano
Ramon Abueg
Sharon Johnson
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
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
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
0 [Ply
Mr. Bruce V. Malkenhorst
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
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 Attorney, 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.
Page 2
I look forward to discussing these matters with you at your earliest convenience.
Sincerely,
�� ::�—k
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.
2. Paleontologist (Parsons) Paleo Environmental Associates, Inc.) to prepare monitoring
program and training for skulls and bones.
3. Air Quality Construction Monitoring Program (Parsons/Technical Business Systems)
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 50th.
2. Owens Brockway 2.5 acre lot for storage and warehouse.
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.
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 -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
vemon mit-pr.doc
' PALEO ENVIRONMENTAL ASSOCIATES
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
$45.00
1$ 80.00
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
$3,600.00
Supplies
2$ 50.00
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: $42,708.00
1
vernon-pr
1 2003-1
PALEO ENVIRONMENTAL ASSOCIATES
CONTINGENCY BUDGET (ASSUMES RECOVERY OF SIGNIFICANT FOSSILS REQUIRING TREATMENT)
' PAL-5-Monitoring/Fossil & 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
$0.36
$72.00
Laboratory Technician:
8
2
$45.00
$720.00
Mileage:
50
1
$0.36
$18.00
Supplies
$250.00
Analysis (C-14, etc.)
$1,000.00
Museum Curator:
4
1
$45.00
$180.00
Mileage:
50
1
$0.36
$18.00
Museum Storage Fee:
$150.00
Subtotal:
$4,198.00
PAL-7-Paleontologic Resources Report
Principal Resource Specialist:
8
1
$75.00
$600.00
Asst. Principal Resource Specialist:
8
1
$65.00
$520.00
Subtotal:
$1,120.00
TOTAL:
$7,390.00
vemon-pr
CITY COUNCIL
t 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
M,
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 OLNO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
)r 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 -2ZD-3 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, Inca, 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 l
Enclosure
cc: Eduardo Olivo, City Attorney
Ken DeDario, Director of Utilities
Mr. Bruce V. Malkenh rst
.February 11, 2003
Page 3
AAJ
f
r
CONSULTANT SERVICE AREAS APPROXIMATE COST IdA
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'1
month
Lowney Associates Geotechnical 4,890.00
REVISED ATTACHMENT
w
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
March 5, 2003
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
Mr. Bruce V. Malkenhorst
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, 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.
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