Resolution No. 8550r
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RESOLUTION NO. 8550
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. TWO TO AGREEMENT FOR PROFESSIONAL
CONSULTING SERVICES BY AND BETWEEN THE CITY OF
VERNON AND POWER ENGINEERS, INCORPORATED FOR THE
MALBURG GENERATION STATION PROJECT
WHEREAS, the City of Vernon is in the process of developing
the Malburg Generating Station Combined Cycle Power Plant (the
"Malburg Project") for the purpose of installing additional generating
capacity; and
WHEREAS, on January 8, 2003, the City Council of the City of
Vernon approved the execution of an Agreement for Professional
Consulting Services (the "Agreement") with Power Engineers,
Incorporated ("Power"); and
WHEREAS, the City has determined that the existing billing
arrangement with Power under the Agreement needs to be modified to a
time and materials basis; and
WHEREAS, the City believes that the modification to the
billing arrangement will assist in managing costs associated with the
Malburg Project; and
WHEREAS, in accordance with Sections 6 and 12.J of the
Agreement, the City of Vernon and Power desire to amend the Agreement
to incorporate changes to the consulting costs; and
WHEREAS, on October 6, 2004, the Finance Committee
considered the recommendation of Bruce V. Malkenhorst, Director of
Finance, dated September 30, 2004, that Amendment No. Two to the
existing Agreement with Power be approved and executed.
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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 Amendment No. Two to the Agreement for Professional
Consulting Services with Power, in substantially the same form as the
copy which is attached hereto as Exhibit A and incorporated by
reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Amendment 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
Amendment to:
Power Engineers, Incorporated
Attn. Todd Krankkala, Project Manager
3940 Glenbrook Drive
Hailey, Idaho 83333-8446
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 6th day of October, 2004.
r
LEONIS C. MALiBURG, Nrayor
ATTEST:
BRUCE V. MALKENHORST, City Clerk
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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.
8550, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, October 6,
2004, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
AM"
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AMENDMENT NO. TWO TO THE AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
THIS AMENDMENT NO. TWO TO THE AGREEMENT FOR PROFESSIONAL
CONSULTING SERVICES (this `Amendment") 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 6th day of October, 2004, in the City of Vernon, County of Los
Angeles, California
BY AND BETWEEN
.\R
RECITALS
THE CITY OF VERNON
(hereinafter referred to as
the "City")
4305 Santa Fe Avenue
Vernon, CA 90058
POWER ENGINEERS, INCORPORATED
(hereinafter referred to as
"Consultant")
1295 South Eagle Flight
Boise, Idaho 94568-3139
WHEREAS, the City and Consultant are parties to an Agreement
for Professional Services (the "Agreement") dated January 8, 2003, in
connection with the proposed Malburg Generating Station Combined Cycle
Power Plant (the "Project"); and
WHEREAS, the City and Consultant are parties to an Amendment
No. One to the Agreement dated on or about May 21, 2003, to expand the
scope of services to include engineering services for the design and
specification of the fire protection and detection system; and
WHEREAS, the City and Consultant desire to amend the
Agreement to modify the billing arrangement to a time and materials
basis until the Project is completed; and
WHEREAS, Section 6 of the Agreement allows for changes
and additions to the services to be performed by Consultant, the
1 scope of the Agreement and the adjustment of compensation and
2 completion time required thereof; and
3 WHEREAS, Section 12.J of the Agreement provides for
4 amendments and modifications to the Agreement..
5 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
6 FORTH HEREIN:
7 SECTION 1: Commencing October 6, 2004, Section 4.A,
8 Consulting Costs, in the Agreement is amended to reflect that the City
9 will pay Consultant on a time and materials basis until the Project is
10 completed for a not to exceed sum of One Million Two Hundred Ten
11 Thousand Six Hundred Twelve Dollars and No Cents ($1,210,612.00), in
12 accordance with the Schedule of Charges - 2004, a copy of which is
13 attached hereto as Exhibit A and incorporated by reference
14 SECTION 2: Approval by City. This Amendment shall be
15 executed by a duly authorized representative of City following
16 approval of the terms of this Amendment by City in accordance with
17 City policies and procedures.
18 SECTION 3: Remainder of Agreement. Except as specifically
19 modified herein, all terms and conditions of the Agreement are
20 unmodified and remain in full force and effect, and are hereby
21 ratified by the parties.
22 SECTION 4: Entire Agreement. The provisions of this
23 Amendment shall constitute the entire agreement of the parties hereto
24 with respect to the subject matter included in this Amendment and
25 shall supercede any other agreement, understanding or arrangement,
26 whether written or oral, between the parties with respect to the
27 subject matter of this Amendment.
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IN WITNESS WHEREOF, the parties have caused this Amendment
No. Two 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:
ERIC T. FRESCH, City Attorney
CITY OF VERNON
LEONIS C. MALBURG, Mayor
POWER ENGINEERS, INCORPORATED
By:
Name•
Title.
By:
Name•
Title:
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SUPPORTING
DOCUMENTS
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AMENDMENT NO. TWO TO THE AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
THIS AMENDMENT NO. TWO TO THE AGREEMENT FOR PROFESSIONAL
CONSULTING SERVICES (this "Amendment") 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 6th day of October, 2004, in the City of Vernon, County of Los
Angeles, California
BY AND BETWEEN
:ZED
THE CITY OF VERNON
(hereinafter referred to as
the "City")
4305 Santa Fe Avenue
Vernon, CA•90058
POWER ENGINEERS, INCORPORATED
(hereinafter referred to as
"Consultant")
1295 South Eagle Flight
Boise, Idaho 94568-3139
WHEREAS, the City and Consultant are parties to an Agreement
for Professional Services (the "Agreement") dated January 8, 2003, in
connection with the proposed Malburg Generating Station Combined Cycle
Power Plant (the "Project"); and
WHEREAS, the City and Consultant are parties to an Amendment
No. One to the Agreement dated on or about May 21, 2003, to expand the
scope of services to include engineering services for the design and
specification of the fire protection and detection system; and
WHEREAS, the City and Consultant desire to amend the
Agreement to modify the billing arrangement to a time and materials
basis until the Project is completed; and
WHEREAS, Section 6 of the Agreement allows for changes
and additions to the services to be performed by Consultant, the
I scope of the Agreement and the adjustment of compensation and
2 completion time required thereof; and
3 WHEREAS, Section 12.J of the Agreement provides for
4 amendments and modifications to the Agreement.
5 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
6 FORTH HEREIN:
7 SECTION 1: Commencing October 6, 2004, Section 4.A,
8 Consulting Costs, in the Agreement is amended to reflect that the City
g will pay Consultant on a time and materials basis until the Project is
10 completed for a not to exceed sum of One Million Two Hundred Ten
11 Thousand Six Hundred Twelve Dollars and No Cents ($1,210,612.00), in
12 accordance with the Schedule of Charges - 2004, a copy of which is
13 attached hereto as Exhibit A and incorporated by reference
14 SECTION 2: Approval by City. This Amendment shall be
15 executed by a duly authorized representative of City following
16 approval of the terms of this Amendment by City in accordance with
17 City policies and procedures.
18 SECTION 3: Remainder of Agreement. Except as specifically
19 modified herein, all terms and conditions of the Agreement are
20 unmodified and remain in full force and effect, and are hereby
21 ratified by the parties.
22 SECTION 4: Entire Agreement. The provisions of this
23 Amendment shall constitute the entire agreement of the parties hereto
24 with respect to the subject matter included in this Amendment and
25 shall supercede any other agreement, understanding or arrangement,
26 whether written or oral, between the parties with respect to the
27 subject matter of this Amendment.
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IN WITNESS WHEREOF, the parties have caused this Amendment
No. Two to be executed by and through their authorized officers on the
date, month and year first written above.
CITY OF VERNON
By:
LEONIS C. MALB RG, Ma or
ATTEST: firr__
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
—5-r— 7��
ERI T. RE C , -C'1'-ty Attorney
POWER NG N ERS, INCORPORATED
By:
Name • JO H/V (!'qV'91Vf✓9't
Tj
N2
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Page 2
POWER ENGINEERS INC.
SCHEDULE OF CHARGES —2004
This standard scnedae of Charges is for professional services,
be or of the work and will be due and payable when 1-sued. All accounts not paid w" chicly (30) days
r Owners rece4x of the Invoke vA bear a SERVICE CHARGE OF 1.0% PER MONTH for each month the Invoice is unpaid.
SPECIAL APPLICATION SOFTWARE
REPRODUCTION
Level I Software$10.001hr.
Level II Software " $20.00/hr.
Drawin 9 s
Level lit Software ••• $35
Electrostatic (C Size)
$1.30/ea.
Level IV So ftware'••• .00/ftr.
$i10.00/hr.
Electrostatic (D Size)
Electrostatic (E Size)
$3.0%a.
$5.50%a.
' Level 1 Software includes, among others, CPM, Traverse PC,
Mylar (C Sae)
$10.IXUea. .
Structural Design, Foundation Design, HVAC Design, and
Mylar (D Size)
$14,00/�
Conveyor Design.
de um
$14.00lea.
(C Size)
Level II Software Includes, among others, SIMFLEXS,
DPAG, Dapper, Captor, PTW, Harrnflo, Cafes PLS
Vellum Size)
Velum
Velum (E Size
$6 IWea.
CADD. TL-CADD. AutoCAD, MicroStatlon, Drafting Station
Scanning
See Igor rate
w/software, and specialized estimating programs.
Documents
"'Level III Software includes, among others, PDS, Rebis, GIS
Single -sided Copies
11 x 17 $0.15/ea. 8 x 11 $0.05/ea.
Workstation, and Engineering Workstation.
Double -sided Copies
11 x 17 $0.301ea. 8 x 11 $0.10/ea.
Single -Sided Color Copies 11 x 17 $3.00/ea. 8 x 11 $1.50/ea.
""Level IV Software includes, among others, T-2000, CDEGS,
Spiral Comb
$2.651ea.
PTI, and Animation.
3 Ring Binder
Dependent on size
Transparencies
$1.00%a
SURVEY EQUIPMENT
Special Copy Center Projects (Labor) $30.00/hr.
Survey Equip. to support field crew $70.00fday
GPS Equipment 2 Units $60.00/hour $350.001day
°
. GPS Equipment 3 Units $80.00fixwr $450.00/day
PHOTOGRAPHIC RECORDING
Portable Video Camara $35.00/day
Video Tapes $10.0WO&
Otter expenses such as subcontractors, rental equipment, photography. transportation, rental vehicles, shipping. outside computer services. lodging.
meals, other reproduction, express mail, courier/delivery service, special supplies, are charged at cost plus a carrying and handling charge of 10%.
Communication Charge - including but not limited to long distance telephone and fax, charged at 1 % of labor billing charges.
2004 Fees(03/24/04)
Page 1
POWER ENGINEERS INC.
SCHEDULE OF CHARGES — 2004
Tills standard schedule of Charoes to eferr
voices win be suhmki ad —* y and/or upon oo Mbll n OMWIMM be duo and M e
r is —Ot of the hhvoke w11 beer a SERVICE CHARGE OF 1.0% PER MONTH for each month the Invoice Is unpaid.
PERSONNEL CLASSIFICATION
President................................................................... $165.00/Itr.
..........................................................................
Corporate Principal
SeniorProject Manager III ............................ ................................................................................................................. $165.00/hr.
Senior Project Manager II ........................................ $149.00/hr.
.................................................................................................
Construction Manager 111
Senior Project Manager I ...............
Project Manager III
Construction Manager 11
Senior Project Engineer II
Engineer V
Project Manager II..........
Construction Manager I
Senior Project Engineer I
R-O-W Agent IV
Project Engineer ill
Engineer IV
Designer V
....................................................................................... $129.00/hr.
............. $108.00/hr.
ProjectManager i........................................................................ ........................ $103.00/hr.
Project Engineer II
Engineer III
Designer IV
Environmental Specialist III
R-O-W Agent III
EngineerII.................................................................
Project Engineer I
Designer III
Technician IV
Environmental Specialist II
Procurement Specialist 11
Scheduling Specialist II
R-O-W Agent II
Programmer III
Engineeri..................................................................................
Designer It
Technician ill
Environmental Specialist 1
Procurement Specialist i
Field Representative IV
Scheduling Specialist I
Programmer 11
..................................................... $93.00/hr.
$82.00/hr.
DesignerI ................................................... ................................ ....................... $72.00/t1r.
Drafter III
Technician 11
Administrative Assistant I
Field Representative III
Staff Assistant 11
Programmer I
Drafter11................................................................................................. $59.00/lu.
Staff Assistant
Field Representative 11
Drafter1............................................................................................................................. ........................... $47.00/hr.
General Office Assistant
Field Representative I
utility
No P—lw t is charged for overtime work. Personnet with speciatized experWne are employed by or on retekw to POWER. Charges for these specialists are negogeted an
an k1*,4du21 basis depending on the assigromL Prolessional Um for depositions and testimony is charged at 1.5 times the rate for services: fuk-day minimums apply.
2004 Fees (03/24/04)
oy ..a95-
PROJECT: Engineering — 66kV Comprehensive Protection Maintenance Sweep and
Comprehensive Coordination Study for Performance & Reliability of the System
PO 13117
TO: Power Engineers, Inc. 3940 Glenbrook Drive (Consultant and/or Vendor)
P.O. Box 1066, Halley, ID 83333
REQUESTED BY: City of Vernon
You are hereby directed to make the herein described changes, or do the following described work not included in
the original agreement.
ADDITIONAL SCOPE OF WORK AND ADJUSTMENTS IN COMPENSATION AS IDENTIFIED BELOW FOR THE REMAINDER OF THIS CALENDAR
YEAR:
Continue to assist with tasks associated with the "Protective Relay Study" and the "Protection Sweep Field
Testing," which will include:
• Identifying and correcting schematic and wiring changes
• System drawing updates (modifications, proof checking and final reproduction)
• Drafting, as necessary
Total amount of this requested Change Order not to exceed: $94,000.00
Except as specifically modified herein, all terms and conditions of the original Agreement are unmodified and
remain in full force and effect, and apply to the extended time of performance, the additional work and additional
costs as if those terms, services and costs were originally included in the Agreement
Base Amount of Contract..............................................$225,950.00
Approved Contract Amount ........................................ ........................ $225,950.00
Revised contract Am i I 'ng this requ sted Change Order No.1).... ........................ 319 950.00
Approve Date: 2006
AL O'CALLAGH3KDhyAQa Light & Power
We, the undersigned Consultant(Vendor, have given careful consideration to the change proposed and hereby agree. If this proposal is
approved we will provide all equipment, furnish all materials (except as may be noted otherwise), and perform all services necessary for
the work specified above, and will accept as full payment therefore the prices shown ,/albove.
Accepted: Power En ineers I . (ConsultanYVendor) Date: IV `' V 157 2006
By: '�./ �,.. Title: ira car / l rJ �GfZ
cc: Purchasing
DATE: November 30, 2006
TO: Bruce V. Malkenhorst, Jr., Assistant City Attorney/Acting City Clerk
FROM: Gloria J. Orosco
RE: Power Engineers
The Finance Committee at their meeting held November 21, 2006 recommended approval of Change
Order No.1 to the Power Engineers, Inc., agreement (PO13117). This was subsequently approved by
City Council at their November 22, 2006 meeting.
Attached hereto is a fully executed duplicate original Change Order No.1 for your records. A fully
executed duplicate original has been submitted to Power Engineers, Inc. for their records.
If you have any questions with regard to this matter please do not hesitate to contact me.
Thank you.
/gjo
c: D. O'Callaghan (via e-mail)
Light & Power Document Control
L & P AP Contract File
DATE: November 8, 2006 O;S�� "
TO: Bruce V. M8Ikenhorst, Jr., Assistant City Attorney/Acting City Clerk
FROM: Donal O'Callaghan, Director of Light &Power ICJ M r"0 p)�0
RE: PEI — PO 13117 — Request for Change Order No. 1 ffc i I I21 0
CO 11
On March 23, 2006, a purchase order was issued to Power Engineers, Inc. in the amount of $225,950.00
pursuant to City Council approval on January 18, 2006. PEI was contracted with for the purpose of providing
us a detailed power system analysis of the city's 66kV system.
At this point in time PEI has identified (and corrected) a number of schematic and wiring changes as
necessary. In addition to this they are revising/correcting system drawings, proof checking and reproducing
final documentation, as well as drafting any additional drawings. Attached hereto for your review is proposed
Change Order No. 1
It is hereby recommended that the attached proposed Change Order No. 1 to the original Services Agreement
with Power Engineers, Inc., be approved in an amount not to exceed $94,000.00. If approval is granted, this
will amend the contract total to a not to exceed amount of $319,950.00.
/gjo
i�a �.e,-� �11
c: A. Nour .� � `�.
L & P Document Control���j, Q-�«
L & P A/P Contract File
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