Resolution No. 8782
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RESOLUTION NO. 8782
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND RATIFYING THE EXECUTION OF A
SERVICES AGREEMENT BY AND BETWEEN THE CITY OF
VERNON AND THE PROJECT LABOR GROUP, INC.
WHEREAS, the Project Labor Group, Inc. (~PLG") was organized
7 for the purpose of providing consulting, engineering, security and
8 administrative services to assist City personnel with various duties
9 in order to facilitate the completion of the Malburg Generation
10 Station Project (collectively, the ~Services"); and
11 WHEREAS, on September 17, 2003, the Finance Committee
12 considered the recommendation of Bruce V. Malkenhorst, City
13 Administrator, that the City approve entering into a month-to-month
14 agreement with the PLG to provide the Services; and
15 WHEREAS, in order to safeguard Vernon's rights under the
16 Agreement and in order to meet the urgent need for the Services, the
17 City Administrator executed a Services Agreement on or about
18 September l5, 2003, and authorized payment in accordance with the
19 terms thereof, subject to ratification by the City Council; and
20 WHEREAS, by letter dated June 23, 2005, Bruce V.
21 Malkenhorst, City Administrator/City Clerk, recommended that the
22 actions of the City Administrator pertaining to the execution of the
23 Services Agreement and all other actions taken pursuant to said
24 Agreement be ratified; and
25 WHEREAS, the City Council desires to approve and ratify the
26 Services Agreement, as executed by the City Administrator, and all
27 actions taken pursuant to said Agreement; and
28 WHEREAS, the City Council of the City of Vernon has
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1 determined that, pursuant to the provisions of subsection (a) of
2 Section 2.27 of the Vernon City Code, it is in the public interest and
3 necessity to ratify entering into the Services Agreement with PLG.
4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
5 CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The City Council of the City of Vernon hereby
7 finds and determines that the recitals contained hereinabove are true
8 and correct.
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SECTION 2:
The City Council of the City of Vernon hereby
10 ratifies the execution of the Services Agreement with PLG, a copy of
11 which is attached hereto as Exhibit ~A" and made a part hereof.
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SECTION 3:
The City Council of the City of Vernon hereby
13 approves and ratifies all actions taken pursuant to the terms and
14 conditions of the Services Agreement.
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SECTION 4:
The City Clerk of the City of Vernon shall
l6 certify to the passage of this resolution, and thereupon and
17 thereafter the same shall be in full force and effect.
l8 APPROVED AND ADOPTED this 29th day of June, 2005.
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/"LEgNIS C. MAL RG, Mayor
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STATE OF CALIFORNIA
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I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8782, was duly adopted by the City Council of the City of Vernon at an
adjourned regular meeting of the City Council duly held on Wednesday,
June 29, 2005, and thereafter was duly signed by the Mayor of the City
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COUNTY OF LOS ANGELES
of Vernon.
BRUCE V. MALKENHORST, ~iCr~rk
12 Acting City Clerk
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EXHIBIT
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SERVICES AGREEMENT BETWEEN
THE CITY OF VERNON AND PROJECT LABOR GROUP, INC.
This Services Agreement (this "Agreement") is made, entered into and executed
in duplicate originals, either copy of which may be considered and used as the original hereof for
all purposes. as of September 15.2003 (the "Execution Date"), in the City ofVemon, County of
Los Angeles, California
BY AND BETWEEN
THE CITY OF VERNON
(hereinafter referred to as "City")
4305 Santa Fe Avenue
. Vemon, CA 90058-0805
AND
PROJECT LABOR GROUP. INC.
(hereinafter referred to as "PLG"),
a California corporation
P.O. Box 824
Alamo, CA 94507
RECITALS
WHEREAS, the City desires to use the services of various qualified engineering
professionals and security and anmjtlistrative consultants in connection with the development
and conStruction of the Malburg Generating Station Project (the "Project"); and
WHEREAS. the City Council of the City has determined that, since numerous
participants in the energy industry, including consultants, are either bankrupt, or in the process of
reor~ani.zing, many advantages would accrue to the City (including task dedication,
responsibility, reliability. focus. continuity, longevity to Project completion, and significant cost
savings) if the City were to obtain the services of those various individuals directly, outside the
framework of third party consulting, engineering, security or administrative organizations; and
WHEREAS, PLG has been organized for the sole purpose of providing
consulting, engineering, security, and administrative services to the City in connection with
Project, and to assist the City in overseeing its contracts with other third parties, and to function
solely for the benefit of the City; and
WHEREAS, PLG has proposed to the City to perform the services described in
the "Scope of Work", a copy of which is attached hereto as Exhibit "At> and incorporated herein
by this reference (the "Scope Document") at the rates per hour and costs set forth in PLG's rate
and expense schedule (including the Profit, as defined below), a copy of which is attached hereto
as Exhibit "B" and incorporated herein by this reference (the "RatelExpense Schedule"); and
WHEREAS, PLG represents that it is qualified to perform such services and is
willing to render such services; and
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WHEREAS, based upon PLG's qualifications and the experience and expertise of
its personnel, the City desires to engage the services ofPLG to perform the services identified in
the Scope Document.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
SET FORTH HEREIN:
1. SCOPE OF SERVICES.
PLG shall initially perform the services outlined in the Scope Documen,t. In the event of
a conflict between the Scope Document and this Agreement, the terms of this Agreement shall
prevail, Commencing on October 15,2003, and thereafter on the fifteenth day of each month
and on the last day of each month throughout the term of this Agreement, PLG shall deliver to
the City a revised and updated Scope Document and RatelExpense Schedule that sets forth the
services to be performed during the upcoming two week period, the personnel to perform such
services, the anticipated number of hours per person, the hourly rate for such personnel,
reimbursable costs for such two week period, and any costs of subcontractors or outside
consultants or service providers, If the City approves the Scope Docwnent and the Rate!Expense
Schedule, the City shall provide fimding for the services described therein at the cost described
therein; provided, however, that the City may, in its sole discretion, limit the costs set forth
therein and provide funding for only those specific personnel costs, reimbursable costs, and costs
of subcontractors or outside consultants or service providers that it approves. The City shall
deliver its approval of the Scope Document and RatelExpense Schedule within 3 business days
after receipt. The totality of all services provided by PLG under or in connection with this
Agreement and the Project is referred to as the "Services". .
2. PROGRESS REPORTS,
PLG shall provide written progress reports, as requested by the City, in order to advise
the City, as quickly as reasonably possible, of significant milestones or conclusions within the
scope of Services that will assist the City in making progress toward the completion of the
Project. PLG shall also meet with the City staff, upon the City's request, or as needed, in order
to provide reports or information concerning the Services being performed by PLG under this
Agreement,
3, TIME OF PERFORMANCE,
PLG'S Services shall commence upon the Execution Date and shall continue ort a month
to month basis, terminable at any time upon 10 days' prior written notice. Any Services
performed prior to the Execution Date shall for all purposes be deemed to have been performed
pursuant to this Agreement, subject to the terms and conditions hereof.
4. COMPENSATION.
4.1 Rates and Expenses, The City will compensate PLG for the Services at
PLG's normal and customary rates, as set forth in the RatelExpense Schedule. PLG shall bill the
City on a time and material basis, plus 3% for administrative costs, overhead, and profit
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(collectively, "Profits"), throughout the term of this Agreement; provide<L however, that the
invoice for the applicable period shall not exceed the amounts approved by the City for that
period pursuant to the submission and approval of the Scope Document and RatelExpense
Schedule as described in Section I above, subject to Sections 4.2 and 6 hereof. Costs and
expenses shall be the actual and reasonable expenditures made by PLG in connection with the
Project, including expenses for (a) postage and handling, express shipping, messenger charges,
UPS, telephone charges, including long distance and fax; and (b) plan reproductions, whether in
house or by others, All expenses shall be submitted at PLG's actual cost and without markup.
At the City's request, PLG will use the City's reprographics company or designated provider for
copies. The City will reimburse PLG for costs of necessary equipment (including furniture,
fixtures, and equipment, such as copy machines, fax machines, and computer equipment)
approved by the City. The cost of consumables, such as paper, toner, etc. shall not be directly
billed to the City. '
4.2 Budl!ets' and Additional Charges. The parties acknowledge that (a) all
Services are to be performed on a time and materials basis based on the Services proposed in
each Scope Document and the corresponding costs and expenses associated with such Services
set forth in the RatelExpense Schedule, (b) the Scope Document and RatelExpense Schedule will
be submitted every two weeks based on estimates of the number of hours for PLG's personnel
required to complete all Services required during that two week perio<L and the estimated
expenses associated therewith, and (c) ifPLG becomes aware that such estimates are or become
incorrect in any manner that is reasonably likely to require any increase in the estimated budgets
for time or expenses set forth in the documents presented to the City pursuant to Section 1
(whether as a result of force majeure, Project delay, or other reason beyond the reasonable
control of PLG), PLG will provide the City with written notice thereof, it being agreed that PLG
shall have no right (and no obligation) to perform any Services in excess of the amounts
approved by the City every two weeks pursuant to Section 1 above unless and until each of the
parties have executed a Change Order in accordance with Section 6.
5. METHOD OF PAYMENT.
5,} Invoices, PLG shall submit within thirty (30) days after the last day of
each month in which Services have been performed or costs incurred hereunder an invoice to the
City. Invoices shall include the month for which Services were provided, the date of the
Services, the name and title of the person providing the Services, the hourly rate of such person,
the number of hours of Servicesprovided. and a description of the Services provided, as well as
the charges forany.costs and expenses incurred in such month, plus Profits. EaCh invoice shall
be in a form acceptable to the City and shall be accompanied by copies of the invoices, receipts,
and such other evidence as the City may require to support the invoice, Invoices shall only
include charges that have been approved by the City pursuant to Section 1 or to a Change Order.
5.2 Interim Payments. Payment of each invoice shall be made after
acceptance and approval by the City, but not later than thirty (30) days following receipt
(exc~uding only such amounts as are subject to a good faith dispute by the City). The City's
approval of invoices shall not be unreasonably withheld.
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5,3 Final Payment. The final payment due hereunder shall not be made until
PLG delivers to the City (1) a complete and unconditional release of all design professional liens
which may arise out of this Agreement, and (2) an affidavit that so far as PLG has knowledge or
information, the release includes and covers all materials and services over which PLG has
control for which a design professional lien could be filed (but PLG may, if any agent or PLG
refuses to furnish a release in full, furnish a bond satisfactory to the City to indemnify the City
against any such lien), and (3) all deliverables, in the form and medium requested by the City. If
any design professional lien remains unsatisfied after all payments are made, PLG shall refund to
the City all moneys that the City may be compelled to pay in discharging such lien, including all
costs and re8s~>nable attorneys' fees,.and the City shall have all remedies at law and in equity,
6. CHANGE ORDERS.
6.1 City Requests. The City reserves the right to request changes in the
Services to be performed by PLG. All such changes shall be incorporated in written Change
Orders executed by the City and PLG which shall specify the changes and the 'adjustment of
compensation and completion time required therefor,
6.2 Change Orders. Any Services added to the scope of this Agreement by a
. Change. Order shall be subject to all of the applicable terms and conditions of this Agreement,
No change or Change Order shall be effective until mutually agreed and executed by both
parties, and no claim for additional compensation or extension of time shall be recognized unless
contained in a duly executed Change Order.
7,' PROPERTY OF THE CITY.
7,1 All documents, data, studies, sUIVeys, drawings, maps, models,
photographs, reports, specifications, calculations, notes, analyses, records, information, and other
work product, in whatever fonn or medium, prepared or obtained by PLG in connection with the
Project. whether in draft or final form (collectively, "Work Product"), including (a) land plans,
maps, engineering studies, soils studies, geological studies and other engineering information;
(b) all documentation filed with a governmental or quasi-governmental agency, including,
\\'ithout limitation, applications, plans and specifications and environmental reports; and (c) all
trademarks, copyright privileges, and other tangible and intangible rights attaching thereto, in the
possession or under the control of PLG shall be deemed to be a "work made for hire" within the
meaning of the Copyright Act and shall immediately be and become the sole and exclusive
. property of the City, PLG shall assign or otherwise transfer to the City, without charge, all Work
Product and any and all warranties provided by any-manufacturers or suppliers of any materials,
products, equipment, systems or other items purchased for or incorporated into the Project, All
Work Product shall be delivered to the City by PLG as generated; provided, however, that PLG .
may take and retain copies of such docwnents and materials as desired, subject to the
confidentiality terms of Section 12 of this Agreement. PLG shall have no liability to the City for
(and the City shall indemnify and hold PLG harmless from) any liabilities or damages arising out
of the City's use of the Work Product for any purpose other than the Project as contemplated,
hereby,
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8. PERSONNEL.
8.1 Personnel. All persons performing Services shall, at all times during
which Services are being performed, have all necessary technical expertise, permits, professional
or business licenses, certificates, training, and other qualifications required by this Agreement or
any applicable laws. At any time and for any reason, the City may request that PLG replace any
ofPLG's personnel.
8.2 Access. PLG shall comply with all reasonable access and other
restrictions that the City may impose. No access for performance of the Services wHl be
perinitted prior to delivery to the City of proof of insurance maintained by PLG.
9. PLG'g DUTIES AND REPRESENTATIONS. PLG represents, covenants and
agrees as follows:
9,1 All Services performed hereunder, and all Work Product produced in
connection with this Agreement by PLG shall be in strict conformity with all applicable
governmental and quasi governmental regulations, statutes, ordinances, and permits, and will be
accurate and free from material defects. .
9,2 There are no obligations, commitments, or impediments of any kind that
will limit or prevent performance of the Services.
9,3 The Services performed hereunder shall be of the standard and quality
which prevail among companies or entities who provide similar services throughout the United
States under the same or similar circumstances involving the design and construction of a project
such as the Project,
9.4 PLG's duties as set forth herein shall at no time be in any way diminished
by reason of any approval by the City of the delivembles .or the Services nor shall PLG be
released from any liability by reason of such approval by the City, it being understood that the
City at all times is ultimately relying upon PLG's skills and knowledge.
9.5 PLG shall promptly pay all bills forlabor and material performed and
furnished by others in connection with the performance of the Services.
9.6 PLG shall furnish efficient business administration and perform the
Services in an expeditious ahd economical manner consistent with the interests of theM City.
9.7 PLG is authorized to do business in California and properly licensed and
registered by all necessary governmental and public and quasi-public authorities having
jurisdiction over it and over the Services and the Project.
9,8 PLG has visited the site of the Project and is familiar with the local and
special conditions under which the Services are to be performed, .
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9.9 PLG possesses the necessary level of experience and expertise in projects
of the size, complexity and nature of this Project, and it will perform the Services with an
appropriate level of care, skill and diligence.
9.10 There is no litigation pending against PLG and PLG is not the subject of
any criminal investigation or proceeding, and neither PLG nor, to the actual knowledge ofPLG's
senior management, any employee or representative ofPLG, have been convicted of a felony.
The foregoing representations shall survive any termination of this Agreement and final
completion of the Project and are in addition to, and not in lieu of, any and all other liability
imposed uponPLGby law with respecftoPLG's duties, obligations and performance hereunder.
10. TERMINATION.
10.1 Termination Ritilit, This is a month to month Agreement that may be
terminated by the City at any time with or without cause upon ten (10) days' prior written notice
to PLG, In the event of such termination by the City, PLG shall be entitled to only the
compensation earned by it prior to the date of the termination notice,plus compensation for (i)
necessary work performed during the ten-day notice period and authorized in the termination
notice, and (ii) all costs reasonably and necessarily incurred by PLG to the date of the
termination and in effectuating the termination,
10.2 Actions Subsequent to Termination. Within three (3) business days after
any termination of this Agreement, for any reason. by either party. with, or without cause,PLG
shall assign ap.d deliver to the City all Work Product and any and all copies thereof, whether in .
the possession of PLG or a party engaged by PLG; provided, however, that PLG may retain
copies as described in Section 7 above, subject to the terms of Section 12 hereof. PLG shall also
furnish all such information, take all such other action and shall cooperate with the City as:the
City reasonably requires in order to effectuate an orderly and systematic termination ofPLG's
duties and activities hereunder. All personal property (including capital equipment, hardware,
trade and non~trade fixtures, materials and supplies) acquired pursuant to this Agreement,
whether paid for directly by the City or by way of reimbursement to PLG, shall at all times be
the personal property of the City and shall be returned to the City upon such termination.
11, NOTICES. All notices, demands, approvals. and other communications provided
for in this Agreement shall be in 'writing and shall be deemed received and effective (a) when
delivered to the recipient; or (b) three (3) calendar days after deposit in a sealed envelope in the
United States mail, postage prepaid, by regiStered or certified mail. return receipt requested~
addressed to the recipient as set forth below; or (c) upon receipt by fax, with confirmation of
receipt.
All notices to the City shall be sent to;
The City of Vernon
Attn; Bruce V. Malkenhorst
City Administrator
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4305 Santa Fe Avenue
V emon, CA 90058-0805
All notices to PLG shall be sent to:
, J.D. Hicks
P.O. Box 824
Alamo, CA 94507
If the date on which any notice to be given hereunder falls on a Saturday,
Snnday, or legal holidaYt then such date shall automatically be extended to the next business day
immediately following such Saturday, Sunday or legal holiday. The foregoing addresses may be
changed by notice given in accordance with this Section 11.
12. CONFIDENTIAL INFORMATION.
, 12.1 Access to Confidential Information. The City may provide PLG with, or
allow PLG access to, certain information not available to the public concerning the City or
businesses located in the City or doing business with the City. The information may include
information about companies located in or considering locating in the City, taxes, sales, value of
assets, or other such information. For the purposes of this Agreement, "Confidential
Information" includes any non-public data or information pertaining to the City orthe Project, or
business located in the City, considering locating in the City, or doing business with the City,
whether oral or written or obtained through some other form or medium, that is provided by the
City to PLG, including any copies thereof, and any information developed by PLG from such
Confidential Information. Confidential Information shall not include any information (a)
approved in writing by the City for release to third parties, (b) that PLG possesses independently
of the City, (c) that the City places in the public domain, or (d) required to be disclosed by PLG
in response to an order from a court, administrative agency, or other regulatory authority.
12.2 No Disclosure. PLG shall keep all Confidential Information of the City
confidential, shall hold it in the strictest confidence, and shall not disclose, permit disclosure of,
release, disseminate, or transfer, whether orally or by any other means, any of the Confidential
Information to any person or entity, without the express prior written consent of an authorized
representative of the City, PLG shall not make any unauthorized use of any Confidential
Information, PLG shall ensure that each of its employees, agents, and subconsuJtants shall
comply with the terms of this Section 12. PLG shall return. any written or computerized
Confidential Information and all copies made of such items to the City immedi~~ly lJPOIl the
City' swritten re-quest,but in any event not later than the date that PLG has performed all
Services to be performed pursuant to this Agreement. PLG shall delete all computerized records
from its computers and destroy its discs containing Confidential Information at the same time
and on the same terms that all Confidential Information is to be returned to the City.
12.3 Court Ordered Disclosure. PLG shall immediately notify the City of any
court order or subpoena requiring disclosure of Confidential Information, and shall cooperate
with the City's legal counsel in the appeal or challenge of any such order or subpoena. PLG may
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only disclose Confidential Information required to be disclosed pursuant to court order Of-
subpoena after. the City's legal counsel has exhausted any lawful and timely appeal or challenge.
12.4 Remedies. PLG acknowledges and agrees that a breach or threatened
breach of Section 12 of this Agreement may result in irreparable harm to the City and that the
City may have no adequate remedy at law, Therefore, in addition to any other remedies that it
may have at law or in equity, the City shall be entitled to injunctive relief, including temporary
and permanent injunctions, preventing any breach or threatened breach of the terms of this
Section 12 without the need to post a bond or other security and without the need to prove
damages, Nothing set forth herein shall affect the City's right to seek damages in the event of a
breach of this Section 12.
12.5 Survival. The terms of this Section 12 shall survive the termination of this
Agreement.
13. COMPLETION NOTICES. Upon completion of the Services, PLG shall, and
upon completion of any independently identifiable portion of the Services PLG may, notify the
City in writing of the date of said completion and request confirmation of such completion by the
City. Upon receipt of any such notice, the City shall promptly confIrm to PLG in writing that the
Services referred to in such notice were completed on the date indicated in said notice or provide
FLG with a written listing of the Services not completed With respect to Services listed by the
City as incomplete, PLG shall complete such Services and the above acceptance procedure shall
be repeated.
14. LIENS. PLG agrees to keep the City and all improvements on the Project free
and clear of all Liens (as defined below) arising from the performance of any of the Services,
. PLG shall immediately discharge, bond over or otherwise caU$e to be removed any lien, claim,
stop notice or other encumbrance made, recorded, or filed in connection with the Services or any
work performed or materials provided by PLG's subcontractors, material suppliers, employees,
agents, and other persons engaged by PLG (collectively, "Liens") and shall defend, indemnify
and hold the City and its affiliates, and its agents, employees, directors, and officers
(COllectively, "Indemnified Parties'') harmless from all claims, liabilities, damages, losses, costs
or expenses (including without limitation attorneys' and experts' fees and costs) incurred in
connection with any Liens, If any Lien is filed, the City shall have the right to withhold payment
from PLG to the extent necessary to protect the City from any such liability, damage, cost or
expense until the Lien has been removed or the City has received satisfactory assurances that it
will suffer no liability, damage, cost or expense in connection with the Lien.
15. INSURANCE. PLG shall carry Worker's Compensation Insurance in the amount
of $ 1,000,000 and such other insurance as the City may require from time to time.
15,1 Policies. Prior to commencing work-hereunder, PLG shall provide to the
City proof of insurance providing and maintaining the coverages and endorsements set forth
above. Said proof of insurance shall also provide that said policy or policies shall not be
cancelled or materially reduced in coverage without giving at least ten (10) days' prior written
notice to the City. PLG shall not permit a subcontractor or vendor to perform work on City
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premises unless and until a certificate of insurance is obtained showing that such subcontractor
or vendor has workers' compensation coverage,
15.2 Subcontractors. If the City permits PLO to employ subcontractors to
perform part of the Services to be performed under the terms of this Agreemen~ PLO's
protective coverage is required, PLG may include all subcontract()rs as insured under its own
policy or shall furnish separate insurance for each subcontractor, meeting the requirements set
forth herein.
16, MISCELLANEOUS.
16.1 Successors and Assi gns. PLG shall not assign or transfer its interest in
this Agreement without the prior written consent of the City, A sale or transfer of stock shall
constitute an assignment hereunder, Subject to the foregoing, this Agreement shall be binding
upon and inure to the benefit of the parties and their respective successors and assigns.
16.2 . Governing Law, This Agreement shall be governed by the intemallaws
of the State of California
16,5,1 To the fullest extent permitted by applicable law, PLGand its
agents; partners, employees, and consultants (collectively "Indemnitor") agree to indemnify ,
protect, defend,"and. hold harmless the City and its representatives, agents,. officers, directors, and
employees (collectively the "Indemnified Parties") from and against all claims. damages, losses,
liens. causes of action. suits, judgments and expenses, including reasonable attorney fees, of any
nature, kind. or description (collectively "Claims") of any person or entity whomsoever arising
out of, caused by, or resulting from the performance of the Services or any part thereofto the
extent caused by the negligent act or omission or the willful misconduct of any Indemnitor. The
indemnity set forth herein shall survive the termination of this Agreement and the completion of
the Services provided hereunder.
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16.6 Relationship of Parties. The relationship of PLG to The City shall be that
of an independent contractor, The City shall have the right to control PLG only insofar as the
results ofPLG's Services rendered pursuant to this Agreement; however, the City shall not have
the right to control the means by which PLG accomplishes the Services except to the extent that
such Services involve the use of City property or Confidential Information. Except as the City
may specify in writing, PLG shall have no authority, express or implied, to act on behalf of the
City in any capacity whatsoever as an agent. PLG shall have no authority, express or implied,
pursuant to this Agreementor otherwise, to bind the City to any ,obligation whatsoever.
16,7 Sevembility. If any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such provision shall be limited to the extent required to make the provision enforceable, and, if
necessary, severed from the Agreement. Any such invalidity, illegality or unenforceability shall
not affect any other provision hereof, all of which shali remain binding on the parties.
16.8 Counterparts and Facsimile, This Agreement may be executed in multiple
counterparts and by facsimile.
16.9 Amendments. This Agreement may be modified or amended only by a
written document executed by both. PLG and the City and approved as to form by the City
Attorney.
16.10.Entire Aareement. This Agreement is the entire agreement of the parties,
and supersedes and replaces any prior or contemporaneOus oral or written discussions,
negotiations, and documents. ' Each party represents that in entering into this Agreement it has
notrelied on any previous representations or understandings of any kind or nature.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and
through their authorized officers on the date, month, and year first above written.
CITY OF VERNON
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By: ./ -- J
Bruce V. MaIkenhorst,
City AdtDinistrator
APPROVED AS TO FORM
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( - ' . ,
'c T. Fresch, Legal Counsel
Project Labor Group
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By:'
Signature
Date:
~(~-CJ~ 5
.
Name: },D. Hicks
Title: President and Secretary
Attachments:
Exhibit A - Scope of Work
Exhibit B - Rate/Expense Schedule
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01910/0001 90018.3
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6 Work Scope:
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. 4 .
EXHIBIT A
Scope of Work
MALBURG GENERATING STATION PROJECT
Provide City with project personnel in the following
categories to aid in the construction of the Project,
. 9/11 Security Agents to Project site and all sites
where equipment is housed or stored;
. Project engineers;
. Project clerical, clerks and administration
assistants;
. Project construction personnel;
. All other Project personnel the City or its
authorized representatives deem necessary to comply
with the conditions of certification mandated by the
California Energy Commission ("CEC") in the CEC
Commission Decision dated May 2003.
EXHIBIT A
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EXHIBIT B
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Rate/Expense Schedule
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Salaried Engineers:
Monthly Payroll
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$11,250.00
$13,000,00
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Salaried Administrators:
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$18,750.00
$10,208.35
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Salaried Administrative Assistants:
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$3,999,99
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Salaried CEC Compliance:
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$8,750.03
$6,000.00
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9/11 Security Agents:
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$25,OO/hourly as scheduled
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EXHIBIT B