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Resolution No. 85511 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8551 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. ONE TO AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BY AND BETWEEN THE CITY OF VERNON AND LOWNEY ASSOCIATES 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 July 2, 2003, the City Council of the City of Vernon approved the execution of an Agreement for Professional Consulting Services (the "Agreement") with Lowney Associates ("Lowney"); and WHEREAS, the City and Lowney desire to extend the term of the agreement from July 9, 2004 to July 8, 2005, on a time and materials basis; and WHEREAS, in accordance with Section 19.G of the Agreement, the City of Vernon and Lowney desire to amend the Agreement to incorporate the changes to time and performance and billing larrangement; 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. One to the existing Agreement with Power be approved and executed. 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 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 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. One to the Agreement for Professional Consulting Services with Lowney, 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: Lowney Associates Attn. Danh Tran, Senior Project Manager 251 E. Imperial Highway, Suite 470 Fullerton, CA 92835 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. ATTEST: BRUCE V. MALKENHORST, City Clerk ,Y LEONIS C. LBURG, Mayor - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 8551, 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) --v'�----- BRUCE V. MALKENHORST, City Clerk', - 3 - EXHIBIT 0 1 AMENDMENT NO. ONE TO AGREEMENT FOR 2 PROFESSIONAL CONSULTING SERVICES 3 4 THIS AMENDMENT NO. ONE TO AGREEMENT FOR PROFESSIONAL 5 CONSULTING SERVICES (this "Amendment") is made, entered into and 6 executed in duplicate originals, either copy of which may be 7 considered and used as the original hereof for all purposes, as of 8 this 6th day of October, 2004, in the City of Vernon, County of Los 9 Angeles, California 10 BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as "City") 11 4305 Santa Fe Avenue Vernon, CA 90058 12 AND LOWNEY ASSOCIATES, a California 13 corporation (hereinafter referred to as "Consultant") 14 251 E. Imperial Highway, Suite 470 Fullerton, CA 92835 15 16 RECITALS 17 WHEREAS, City and Consultant entered into that certain 18 Agreement for Professional Consulting Services dated on or about 19 July 2, 2003 (the "Agreement"), pursuant to which the parties agreed 20 that Consultant would provide geotechnical and construction materials 21 observation and testing ("Special Inspection") services during 22 construction of the Malburg Generating Station Project; and 23 WHEREAS, City and Consultant have agreed to extend the 24 Agreement from July 9, 2004 to July 8, 2005 on a time and materials 25 basis; and 26 WHEREAS, the City and Consultant desire to amend the terms 27 of the Agreement relating to the time of performance and compensation. 28 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 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 FORTH HEREIN: C7f'MTnM 9 . Modification of Time of Performance. Paragraph 3 of the Agreement is hereby amended to read as follows: "TIME OF PERFORMANCE. Consultant's services shall be extended from July 8, 2004. The extension period will commence on July 9, 2004 and shall continue until July 8, 2005, unless the Agreement is terminated or extended." SECTION 2: Modification of Compensation. Paragraph 4.A of the Agreement is hereby amended to read as follows: A. Consulting Costs. City shall pay Consultant on a time and materials basis according to the "Schedule of Hourly Fee Rates," a copy of which is attached hereto as Exhibit B and.incorporated by this reference. The total amount to be paid to Consultant for the Services under this Agreement shall not exceed the sum of Six Hundred Fifty Thousand Dollars and No Cents ($650,000.00). If changes and extra Services are requested by City pursuant to Paragraph 6 of the Agreement, then City shall pay for those Services on a time and materials basis according to the attached Exhibit B. SECTION 3: Approval by City. This Amendment shall be executed by a duly authorized representative of City following approval of the terms of this Amendment by City in accordance with City policies and procedures. SECTION 4: Remainder of Agreement. Except as specifically 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 modified herein, all terms and conditions of the Agreement are unmodified and remain in full force and effect, and are hereby ratified by the parties. SECTION 5: Entire Agreement. The provisions of this Amendment shall constitute the entire agreement of the parties hereto with respect to the subject matter included in this Amendment and shall supercede any other agreement, understanding or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment. IN WITNESS WHEREOF, the parties have caused this Amendment 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 am CITY OF VERNON LEONIS C. MALBURG, Mayor By: Name: Title: By: Name: Title: LOWNEY ASSOCIATES - 3 - 1 EXHIBIT B SCHEDULE OF HOURLY FEE RATES 2 Senior Principal Engineer or Geologist $189.00 3 Principal Engineer or Geologist $176.00 4 Senior Project Engineer or Geologist $149.00 5 Project Engineer or Geologist $142.00 16 Project Industrial Hygienist $142.00 7 Senior Staff Engineer or Geologist $129.00 Staff Engineer or Geologist $119.00 8 Senior Supervisory Technician $119.00 9 Supervisory Technician $116.00 10 Engineering Technician $109.00 11 Dispatcher/Lab Technician $ 89.00 12 Technical Illustrator $ 73.00 Technical Assistant $ 73.00 13 Administrative Clerk $ 69.00 14 Equipment Charges 15 Field Vehicle $7.50 per hour 16 Laboratory Equipment $11.50 per hour Nuclear Moisture -Density Gauge $7.50 per test 17 Global Positioning System (GPS) $95.00 per day Slope Inclinometer $160.00 per day 18 Organic Vapor Meter $105.00 per day 19 Depth Sounder $30.00 per day 55-Gallon Drum $50.00 each 20 Modeling Software $15.00 per hour AutoCAD Illustration Software $20.00 per hour 21 Plotter $5.00 per plot 22 Charges for employees will be made in accordance with the Schedule of Hourly Fee Rates. These rates 23 are subject to change in June 2005. For other than professional employees, time spent over 8 hours per day and on Saturdays will be charged at 1.5 times the hourly billing rate. Work on Sunday will be 24 charged at 2.0 times the hourly billing rate, and holiday work will be charged at 2.5 times the hourly billing rate. All field personnel charges are portal to portal. Professional employees do not make 25 premium charges for overtime work. Services performed under fixed fee contracts will be charged at the 26 agreed fixed fee. For time and materials contracts, expenses and other similar project -related costs are billed at cost plus 18.5 percent. 27 Lowney understands that Work subject to this Agreement constitutes a "public work" under any and all 28 federal, state, and/or local prevailing wage laws, and that Lowney is obligated to pay prevailing wages and benefits and/or any other predetermined wages or benefits. SUPPORTING DOCUMENTS 0 I AMENDMENT NO. ONE TO AGREEMENT FOR 2 PROFESSIONAL CONSULTING SERVICES 3 4 THIS AMENDMENT NO. ONE TO AGREEMENT FOR PROFESSIONAL 5 CONSULTING SERVICES (this "Amendment") is made, entered into and 6 executed in duplicate originals, either copy of which may be 7 considered and used as the original hereof for all purposes, as of 8 this 6th day of October, 2004, in the City of Vernon, County of Los 9 Angeles, California 10 BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as "City") 11 4305 Santa Fe Avenue Vernon, CA 90058 12 AND LOWNEY ASSOCIATES, a California 13 corporation (hereinafter referred to as "Consultant") 14 251 E. Imperial Highway, Suite 470 Fullerton, CA 92835 15 16 RECITALS 17 WHEREAS, City and Consultant entered into that certain 18 Agreement for Professional Consulting Services dated on or about 19 July 2, 2003 (the "Agreement"), pursuant to which the parties agreed 20 that Consultant would provide geotechnical and construction materials 21 observation and testing ("Special Inspection") services during 22 construction of the Malburg Generating Station Project; and 23 WHEREAS, City and Consultant have agreed to extend the 24 Agreement from July 9, 2004 to July 8, 2005 on a time and materials 25 basis; and 26 WHEREAS, the City and Consultant desire to amend the terms 27 of the Agreement relating to the time of performance and compensation. 28 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 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 FORTH HEREIN: SECTION 1: Modification of Time of Performance. Paragraph 3 of the Agreement is hereby amended to read as follows: "TIME OF PERFORMANCE. Consultant's services shall be extended from July 8, 2004. The extension.period will commence on July 9, 2004 and shall continue until July 8, 2005, unless the Agreement is terminated or extended." SECTION 2: Modification of Compensation. Paragraph 4.A of the Agreement is hereby amended to read as follows: A. Consulting Costs. City shall pay Consultant on a time and materials basis according to the "Schedule of Hourly Fee Rates," a copy of which is attached hereto as Exhibit B and incorporated by this reference. The total amount to be paid to Consultant for the Services under this Agreement shall not exceed the sum of Six Hundred Fifty Thousand Dollars and No Cents ($650,000.00). If changes and extra Services are requested by City pursuant to Paragraph 6 of the Agreement, then City shall pay for those Services on a time and materials basis according to the attached Exhibit B. SECTION 3: Approval by City. This Amendment shall be executed by a duly authorized representative of City following approval of the terms of this Amendment by City in accordance with City policies and procedures. SECTION 4: Remainder of Agreement. Except as specifically - 2 - 1 modified herein, all terms and conditions of the Agreement are 2 unmodified and remain in full force and effect, and are hereby 3 ratified by the parties. 4 SECTION 5: Entire Agreement. The provisions of this 5 Amendment shall constitute the entire agreement of the parties hereto 6 with respect to the subject matter included in this Amendment and 7 shall supercede any other agreement, understanding or arrangement, 8 whether written or oral, between the parties with respect to the 9 subject matter of this Amendment. 10 IN WITNESS WHEREOF, the parties have caused this Amendment 11 to be executed by and through their authorized officers on the date, 12 month and year first written above. 13 14 CITY OF VERNON 15 By: EONIS C. MA URG, Wayor 16 ATTEST- / 17 18 BRUCE V. MALKENHORST, City Clerk 19 APPROVED WRM: 20 ERIC T. FR SCH, City Attorney 211 LOWNEY OCIATES 22 By: Name.'�. 23 Title: .� 24 2By. 5 Name: Mt,Ei2� 26 Title: 27 28 - 3 - 1 EXHIBIT B SCHEDULE OF HOURLY FEE RATES 2 Senior Principal Engineer or Geologist $189.00 3 Principal Engineer or Geologist $176.00 4 Senior Project Engineer or Geologist $149.00 5 Project Engineer or Geologist $142.00 6 Project Industrial Hygienist $142.00 7 Senior Staff Engineer or Geologist $129.00 Staff Engineer or Geologist $119.00 8 Senior Supervisory Technician $119.00 9 Supervisory Technician $116.00 10 Engineering Technician $109.00 11 Dispatcher/Lab Technician $ 89.00 12 Technical Illustrator $ 73.00 Technical Assistant $ 73.00 13 Administrative Clerk $ 69.00 14 Equipment Charges 15 Field Vehicle $7.50 per hour 16 Laboratory Equipment $11.50 per hour Nuclear Moisture -Density Gauge $7.50 per test 17 Global Positioning System (GPS) $95.00 per day Slope Inclinometer $160.00 per day 18 Organic Vapor Meter $105.00 per day Depth Sounder $30.00 per day 19 55-Gallon Drum $50.00 each 20 Modeling Software $15.00 per hour AutoCAD Illustration Software $20.00 per hour 21 Plotter $5.00 per plot 22 Charges for employees will be made in accordance with the Schedule of Hourly Fee Rates. These rates 23 are subject to change in June 2005. For other than professional employees, time spent over 8 hours per day and on Saturdays will be charged at 1.5 times the hourly billing rate. Work on Sunday will be 24 charged at 2.0 times the hourly billing rate, and holiday work will be charged at 2.5 times the hourly billing rate. All field personnel charges are portal to portal. Professional employees do not make 25 premium charges for overtime work. Services performed under fixed fee contracts will be charged at the 26 agreed fixed fee. For time and materials contracts, expenses and other similar project -related costs are billed at cost plus 18.5 percent. 27 Lowney understands that Work subject to this Agreement constitutes a "public work" under any and all 28 federal, state, and/or local prevailing wage laws, and that Lowney is obligated to pay prevailing wages and benefits and/or any other predetermined wages or benefits. DATE: May 18, 2006 TO: Bruce V. Malkenhorst, Jr., Assistant City Attorney/Acting City Clerk FROM: Gloria J. Oros ecial Assistant to the City Administrator RE: TRC Lowney - Change Order No. 3 in the amount of $21,066.98 Dear Mr. Malkenhorst: With regard to the above referenced subject matter, the Finance Committee approved this Change Order on May 2, and the City Council approved this action on May 3, 2006. Attached hereto is a fully executed duplicate original for your records. A fully executed copy is being forwarded to TRC Lowney for their records. Should you have any questions please feel free to contact me. /gjo c: A. Baldere (w/o attachment) L & P Document Control D. Jaunzemis, Purchasing Office (PO 9777) 0 0 0�YMENT HISTORY _ � Ex loration Report) $ 3,925.00 *PAID S =>0 Billing thru 8/29/03 $ 20,562.70 PAID 2 r 0 0 -+- Billing thru 9/19/03 $ 7,878.07 PAID p 8 88 1,, ; , Billing thru 10/24/03 $ 22,416.95 PAID Billingthru 11/21/03 $ 22,129.27 PAID 893 Bill thru 12/12/03) $ 26,158.67 PAID L� ess Billing thru 1/2/04 $ 21,148.52 PAID 2 1 ) 6' - 9 A ass Billing thru 1/23/04 $ 5,289.55 PAID ps Billing thru 1/30/04) $ 40,578.87 PAID ^ ss Billing thru 2/27/04 $ 72,074.77 PAID ss 1 ling thru 5/7/04 $ 257,377.33 PAID ss Billing thru 9/17/04 $ 200,293.07 PAID ss Billing thru 12/10/04 $ 164,673.97 PAID f PS: Billingthru 3/4/05 $ 200,389.02 PAID 29397, 29746, 30519 $ 291,169.10 NOT PAID TOTAL $ 1,352,139.86 *Not added in to payment total since this was 01 C01 $ $ 498,900.00 650,000.00 CO2 $ 187,277.00 TOTAL VALUE $ 1,336,177.00 TOTAL PRESENTED FOR PAYMENT 1 $ (1,352,139.86) OVER BUDGET $ (15.962.86) Invoices Page 1 of 2 McNabb, Jennifer From: Orosco, Gloria Sent: Wednesday, March 29, 2006 2:55 PM To: McNabb, Jennifer Cc: Baldere, Anthony Subject: RE: Invoices 1 have the other two & the one he refers to in the amount of $498.42 but i still don't anything that equates to $21k. The 3 invoices have total $15,019.40. Hopefully we can talk tomorrow. Gloria J. Orosco Special Asst. to the City Admin. L & P Admin. Offices 323 826-3613 From: McNabb, Jennifer Sent: Wednesday, March 29, 2006 10:24 AM To: Orosco, Gloria Subject: FW: Invoices Here is one of the invoices. Do you have the other two he discusses? I vaguely remember us talking about two invoices, but I did not see them in the file yesterday. We can meet tomorrow and finalize. C�ennifer G i� ckk Tbb (323)583-8811 X591 __---Original Message ----- From: Ali Bastani [mailto:abastani@lowney.com] Sent: Tuesday, February 28, 2006 3:40 PM To: McNabb, Jennifer Cc: Shibley, Dave; Baldere, Anthony Subject: RE: Invoices Jennifer; We have a total remaining balance of $5,104.12 for the third item below. The breakdown of our invoices is as follows: 1) Invoice No. 30515, issued on 12/16/05 for an amount of $2724.00; 2) Invoice No. 30790, issued on 2/6/06 for an amount of $1881.70; and 3) The attached invoice (no. 30935) for an amount of $498.42. Sincerely; Ali Bastani, PhD, GE Associate, Area Manager TRC Lowney 3/30/2006 Invoices Page 2 of 2 Phone (714) 441-3090, ext. 101 Fax (714) 441-3091 This e-mail and its attachments are confidential. From: McNabb, Jennifer[mailto:]McNabb@ci.vernon.ca.us] Sent: Monday, February 27, 2006 4:25 PM To: All Bastani Cc: Shibley, Dave; Baldere, Anthony Subject: Invoices Hi Ali: I spoke with Dave Shibley, and he said all work pertaining to the wall should be invoiced to the City, even though Trico directed you to do the work. What this means is we should process a change order for the following items: 1) $4,520.56 — Over contract amount 2) $11,447.30 - Oil spill 3) ? ? Wall Please give me an estimate for item #3. Thank you. Jennifer McNabb (32$)583-$811 X591 3/30/2006 LOWNEVASSOCIATES Environmental/Geotechnical/Engineering Services 405 Clyde Ave., Mountain View, California 94043 Tel:650.967.2365 Fax: 650,967.2785 Accounts Payable ON 2715 Trailer A East 50th Street Vernon, CA 90058 V6I nV"E7 15— %%u— CLIENT CONTACT: MR. DAVE SHIBLEY PROJECT NAME: MALBURG SITE, SWITCHGEAR STATION EAST 50TH STREET AND SOTO STREET VERNON, CALIFORNIA December 16, 2005 INVOICE NO. 30515 Project No. 1796-1F Federal ID #: 94-1750239 RECEIVED FEB 2 7 2006 k3Y:_ E: For geotechnical services performed in accordance with our agreement dated October 14, 2004. Progress billing through December 9, 2005. Week.En_ ding Concrete Testing Field 12/09/2005 Engineering Technician Vehicle Charges Field Footings/Grade Beams 11/25/2005 Engineering Technician Vehicle Charges 12/09/2005 Engineering Technician Vehicle Charges Hours/ Rate Units Subtotal Amount Due $ 106.00 13.0 $ 1,378.00 7.50 13.0 97.50 106.00 8.0 848,00 7.50 8.0 60.00 106.00 3.0 318.00 7.50 3.0 22:50 $ 1,475.50 1,248,50 Page I LOWNEIVASSOCIATES Environmental/Geotechnical/Engineering Services TRICO CONSTRUCTION TOTAL AMOUNT DUE We appreciate the opportunity to serve you. Please remit payment to: Lowney Associates 405 Clyde Ave. Mountain View, CA 94043 December 16, 2005 INVOICE NO. 30515 Project No. 1796-1F Federal ID #; 94-1750239 Amount Due '$ 2,724.W)- a ' Due upon receipt. Past due after 30 days. Past due balances are subject to a service charge of 1% per month. Page 2 TRC LOWNEY Environmental/Geotechnical/Engineering Services 405 Clyde Ave., Mountain View, California 94043 Tel:650.967.2365 Fax: 650.967,2785 February 6, 2006 INVOICE NO. 30790 Project No. 1796-1F Federal ID #: 94-1750239 Accounts Payable YET P02-1 M —1 E/Z- %SAL c_ 2715 Trailer A East Street Vernon, CA 90058 CLIENT CONTACT: MR. DAVE SHIBLEY PROJECT NAME: MALBURG SITE, SWITCHGEAR STATION EAST 50TH STREET AND SOTO STREET VERNON, CALIFORNIA For geotechnical services performed in accordance with our agreement dated October 14, 2004. Progress billing through January 13, 2006. Hours/ Week Ending Rate Units Subtotal Amount�ue Concrete Testin Field 12/23/2005 Engineering Technician $ 106.00 16.0 $ 1,696.00 Vehicle Charges 7.50 16.0 120.00 $ 1,816.00 Office Engineering consultation and project management. Technical Aide 73.00 0.9 65.70 65.70 Page 1 TRC LOWNEY Environmental/Geotechnical/Engineering Services TRICO CONSTRUCTION TOTAL AMOUNT DUE We appreciate the opportunity to serve you. Please remit payment to: TRC Lowney 405 Clyde Ave. Mountain View, CA 94043 Amount Previously Invoiced Amount Invoiced This Period Total Billed February 6, 2006 INVOICE NO. 30790 Project No. 1796-1F Federal ID #; 94-1750239 Amount Due $ 1,881.70 --D�5 $ 9,915.28 1,881.70 $ 11,796.98 Due upon receipt. Past due after 30 days. Past due balances are subject to a service charge of 1% per month. Page 2 02/28,4,2009 16:13 FAX 650 867 2785 Lowney Assoc. Main Fax Lowney Fullerton 1&002/002 TRC Lowney March 1, 2006, INVOICE NO.30935 405 Clyde Avenue, Mountain view, California 94043-2209 project No. 2�96-1F Tel. 650.957.23155 Fax: 650.467.2765 Federal ID *: 94-1750239 PeJZ4MF7-(=_!L 4EJA Accounts Payable CITY OF VERNON 4305 Santa Fe Avenue Vernon, CA 90058 tura7 CDNTAGTi Mr, Dave Shibley PROJECT NAMES Walburg Site, Switchgear Station East 5nth Street and Soto Street Vernon, CA For geotechnical services petforrried In accordance with our agreement dated October 14, 2004. Progress billing through February 24, 2006. Hours/ irate MUIU 5iabtotal mourl% Due Office Engineering consultation and project management, Technical Aide $ 73.00 1.0 $ 73.00 73.00 Other Expe"Ses Outside Concrete Testing Laboratory 425.42 TOTAL AMOUNT DUE We appreciate the opportunity to Serve you. Please remit payment to. TRC Lowney 405 Clyde Avenue Mountain View, CA 94043-2209 Due upon recelpt. past due after 30 days. Past due balances are subject tv a service chdrge of 10k Per month. Pbge 1 02/28/2006 TUB 15:28 [JOB NO. 90821 10002 r INTEROFFICE F h1A � P MEMORANDUM Light & Power Department f/--T Bruce V. Malkenhorst, Jr., Assistant City Attor%ting City Clerk FROM: Donal O'Callaghan, Director of Light & Power r A PFf- v C-7 a DATE: March 30, 2006 Fc RE: Payment Authorization Request - Lowney - $21,066.98 CC i �O TRC Lowney (formerly Lowney Associates) performed work on the Malburg Generating Station from 7/8/03 to 3/1/06, The total value of the Contract is $1,366,177.00 and that includes two approved change orders. The last partial payment request submitted for payment by this department was in February 2006 totaled $275,206.24 which reflected a "short pay" of $15,962.86 due to the purchase order (No. 9777) being maxed out. We are in receipt of additional invoices for required geotechnical services due to the construction & placement of the concrete wall along the perimeter of the MGS site and they are itemized below: Inv. #30515 dated 12/16/2005 in the amount of $2,724.00 Inv. #30790 dated 2/6/2006 in the amount of $1,881.70 Inv. #30935 dated 3/l/2006 in the amount of $498.42. Total Outstanding Invoices: $ 5,104.12 Outstanding prior balance: $15,962.86 Total: 21 066.98 At this time I am requesting approval of Change Order #3 in the amount of $21,066.98. The work/services provided was authorized by COV representatives and is valid. With approval of this Change Order the remaining charges will be paid and this will close out the purchase order. Please let me know if you have any questions or if I can provide you with additional information. /gjo cc: A. Baldere D� L & P Document Control Contract File LOIVNEY ASSOCIATES PAYMENT HISTORY 05/20/03 25123 Fill Exploration Report) $ 3,925.00 09/17/03 25820 (Pro . Billing thru 8/29/03) $ 20,562.70 10/14/03 26023 (Pro . Billing thru 9/19/03 $ 7,878.07 11/19/03 26166 (Pro . Billing thru 10/24/03 $ 22,416.95 12/10/03 26327 (Pro . Billing thru 11/21/03 $ 22,129.27 12/29/03 26491 & 26493 Bill thru 12/12/03 $ 26,158.67 01/26/04 26554 (Progress Billing thru 1/2/04) $ 21,148.52 02/18/04 26649 (Progress Billing thru 1/23/04 $ 5,289.55 02/18/04 26683 (Progress Billing thru 1/30/04 $ 40,578.87 04/05/04 26836 (Progress Billing thru 2/27/04) $ 72,074.77 06/29/04 27146 (Progress Billing thru 5/7/04) $ 257,377.33 12/13/04 27941 (Progress Billing thru 9/17/04 $ 200,293.07 03/02/05 28424 (Progress Billing thru 12/10/04 $ 164,673.97 06/21/05 28816 (Progress Billing thru 3/4/05) 20 ,389.02 01/23/06 CURRENT REQUESTS: 29397, 29746, 30519 $ 291,169.10, TOTAL $ 1,352,13 .86 *Not added in to payment total since this was authorized separately CONTRACT $ 498,900.00 C01 $ 650,000.00 CO2 $ 187,277.00 TOTAL VALUE $ 1,336,177.00 TOTAL PRESENTED FOR PAYMENT $ (1,352,139.86) UVEK BUDGET $ (15,962.86) *PAID PAID PAID PAID PAID PAID PAID PAID PAID PAID PAID PAID PAID PAID NOT PAID