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Resolution No. 8824
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 RESOLUTION NO. 8824 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND COMMONWEALTH ASSOCIATES, INC. FOR THE VERNON POWER PLANT PROJECT WHEREAS, the City of Vernon is in the process of developing a 800 MW Combined Cycle Power Plant officially named the Vernon Power Plant (the "Vernon Power Plant Project ") for the purpose of installing additional generating capacity that will yield an efficient, cost - effective, and reliable source of electric generation to the City of Vernon; and WHEREAS, the City has determined that it needs a consultant to perform services relating to engineering, plant and system operations, environmental analysis, and /or construction management regarding the Vernon Power Plant Project; and WHEREAS, the City has determined that Commonwealth Associates, Inc. ( "Commonwealth ") possesses the technical knowledge and expertise to furnish the services required by the City; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into an agreement with Commonwealth. 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. 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 SECTION 2: The City Council of the City of Vernon hereby approves the Agreement for Professional and Technical Services with Commonwealth, 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 to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby directs the Acting City Clerk, or his designee, to send one fully executed Agreement to: Commonwealth Associates, Inc. Attn. Stephen S. Miller, P.E. P.O. Box 1124 Jackson, Michigan 49204 -1124 SECTION 5: The Acting 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 3rd day of August, 2005. ATTEST: THOMAS A. YBARRA, Mayor Pro -Tem BRUCE V. MALKENHORST, JR. Acting City Clerk 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, JR., Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8824, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, August 3, 2005, and thereafter was duly signed by the Mayor Pro -Tem of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, JR. Acting City Clerk EXHIBIT A I AGREEMENT FOR PROFESSIONAL AND TECHNICAL SERVICES BETWEEN CITY OF VERNON AND COMMONWEALTH ASSOCIATES, INC. This AGREEMENT made and effective this day of , 2005, by and between the City of Vernon, a California municipality, with principal offices at 4305 Santa Fe Avenue, Vernon, California, 90058 , ereinafter called Company and Commonwealth Associates, Inc., a Michigan corporation, with cipal offices at 2700 West Argyle Street, P.O. Box 1124, Jackson, Michigan 49204 -1124, he einafter called Commonwealth Associates, Inc. WITNESSETH WHEREAS, Company intends to plan, construct, erect, modify, maintain, or otherwise improve facilities, and WHEREAS, in connection with said facilities, services relating to engineering, plant and system operations, environmental analysis, and/or construction management may be required, and WHEREAS, Commonwealth Associates, Inc. asserts that it is willing, qualified, and able to provide such services, ai}d WHEREAS, the parties desire to set forth herein the manner and terms upon which said services shall be provided; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Scope of Services Commonwealth Associates, Inc. shall furnish services for projects described in exhibits or proposals acceptable to Commonwealth Associates, Inc. and as specifically authorized and accepted in writing by means of a purchase order or other document issued by duly authorized representatives of Company. Such purchase orders or other documents shall become a part of this Agreement. Separate billings shall be rendered for Commonwealth Associates, Inc.'s services as instructed by Company for each individual project authorized by such purchase order or other document. 2. Compensation a. Company shall pay Commonwealth Associates, Inc. for services and expenses as agreed and specified in each purchase order or other authorization document. C:'Documents and Settings\aalemu\Local Settings \Temporary Internet Files \OLK2 \stdad3l.doc \1 1 (04/05) b. In the event daily schedules of work involve overtime, Commonwealth Associates, Inc.'s charge for each overtime hour will be billed at the agreed upon hourly rate except that for overtime worked by nonexempt classified employees an amount equal to one -half the salary paid to such nonexempt employees will be added. c. For subcontracted services performed in connection with this Agreement, Commonwealth Associates, Inc. will invoice Company at subcontractor's cost, plus a seven (7) percent markup. d. Invoices, in Commonwealth Associates, Inc.'s standard format, shall be submitted monthly to Company for the services performed and the expenses accounted for under this Agreement during the preceding Commonwealth Associates, Inc. fiscal month. Company shall pay the full amount of the invoice within 30 days of the invoice date. If Company disputes any item on an invoice, Company shall pay the invoice amount for the items not in dispute within the payment period specified above and shall enclose with such payment a written statement of its reasons for disputing the unpaid items. Company and Commonwealth Associates, Inc. shall endeavor to negotiate a settlement of the disputed items. 3. Company Furnished Data and Information Company shall at no cost to Commonwealth Associates, Inc.: Provide to Commonwealth Associates, Inc., in a reasonably prompt manner, all data and information in the possession of Company as may be required by Commonwealth Associates, Inc. to perform the services under this Agreement. Designate a person to act as Company representative, who shall have complete authority to transmit instructions, receive information, and interpret and define Company policies and decisions with respect to the services under this Agreement. Give prompt notice to Commonwealth Associates, Inc. should Company observe or otherwise become aware of any defect in the services provided by Commonwealth Associates, Inc. Furnish to Commonwealth Associates, Inc. prior to any performance by Commonwealth Associates, Inc. a copy of any engineering, design, and construction standards which Company shall require Commonwealth Associates, Inc. to follow in its performance of services under this Agreement. C:\Documents and Settings\aalemu\local Settings \Temporary Internet Files \OLK2\stdad31.doc\2 (04/05) Records Commonwealth Associates, Inc. will maintain adequate books and records concerning records of time and out -of- pocket expenses under this Agreement and make them available in its offices in Jackson, Michigan, during Col nmonwealth Associates, Inc.'s regular working hours for inspection or audit by Company or its authorized agent or representative. Insurance Prior to and during the performance of the work, Commonwealth Associates, Inc., for the protection of Company, shall provide and 'sh evidence of such coverage, Workmen's Compensation Insurance including Occ pational Disease Benefits to employees of Commonwealth Associates, Inc. employed on or in connection with the work covered by this Agreement, and/or to their dependents, in accordance with applicable law. Commonwealth Associates, Inc. shall, at its own expense, carry and maintain Comprehensive General Liability Insurance including, but not limited to, Contractual Liability and Broad Form Property Damage in limits not less than $1,000,000 combined Bodily Injury and Property Damage. In addition Commonwealth Associates, Inc. shall carry Automobile Public Liability Insurance, with combined Bodily Injury and Property Damage of not less than $1,000,000 combined single limit. Where Company requires that project construction Contractor(s) or Subcontractor(s) provide liability insurance, Company shall require such Contractor(s) or Subcontractor(s) to name Commonwealth Associates, Inc. as an j "additional insured." Company shall require Contractor(s) and Subcontractor(s) to submit certificates evidencing proof of such coverage directly to Commonwealth Associates, Inc. at the address stated herein. 6. Original Work Any drawings, specifications, or reports prepared by Commonwealth Associates, Inc. under this Proposal shall be the property of Company; however, Commonwealth Associates, Inc. shall have the unlimited right to use such drawings, specifications, and reports and the intellectual property therein. Company shall use such drawings, specifications, and reports only for the project for which they were prepared. 7. Registration Commonwealth Associates, Inc. is duly authorized to engage in the practice of professional engineering in the State of Michigan and by reason thereof, the preparation of all designs, plans, drawings, reports, and all similar professional work hereunder shall be accomplished under the direction of Commonwealth Associates, Inc.'s professional practitioners, draftsmen, and other employees and shall be made available and delivered to Company at its principal offices. To the extent required by local regulations, Commonwealth Associates, Inc. shall provide professional services by qualified personnel duly registered in the State of the project. C :\Documents and Settings\aalemu\Local Settings \Temporary Internet Files \OLK2\stdad31.doc\3 3 (04/05) 8. Independent Contractor It is agreed between the parties hereto that construction contractor(s) or subcontractor(s) employed by Company to construct work and perform maintenance are independent contractors and as such are completely responsible to Company for the performance of their contracts, maintaining the construction schedules, and that these construction organizations are solely responsible for the methods and detailed sequences of construction and for safety precautions incident thereto. The presence of a Commonwealth Associates, Inc. representative will not relieve the construction contractor(s) of these responsibilities. Responsibility With respect to Commonwealth Associates, Inc.'s services under Section 1: Commonwealth Associates, Inc. will exert the degree of care and skill ordinarily exercised, under similar circumstances, by similar professionals at the time such services are rendered. Company agrees that Commonwealth Associates, Inc. can exert such degree of responsibility only where Company permits Commonwealth Associates, Inc. to exercise independent engineering judgment in the performance of its work. In recognition thereof, Company agrees that Commonwealth Associates, Inc. shall not be liable for any loss or damage resulting from or attributable to: a. The execution by Commonwealth Associates, Inc. of Company instructions, whether such instructions are of an engineering nature or otherwise; or b. The incorporation of specific engineering decisions by Company into Commonwealth Associates, Inc.'s work product This shall not be interpreted to relieve Commonwealth Associates, Inc. from responsibility resulting from the preparation of engineering drawings and specifications, where such drawings and specifications have received mere approval of concept by Company. Commonwealth Associates, Inc.'s liability and Company's exclusive remedy are limited to the reperformance by Commonwealth Associates, Inc. at its expense of any services which are deficient because of Commonwealth Associates, Inc.'s failure to perform said services in accordance with the above standard. 10. Consequential Damages In no event (even should circumstances cause the exclusive remedy specified in Section 9 to fail of its essential purpose) shall Commonwealth Associates, Inc. be liable for special, indirect or consequential damages of any nature (regardless of whether such damages are alleged to have arisen from the negligence of Commonwealth Associates, Inc., its C:\Documents and Settings\aalemu\Local Settings \Temporary Internet Files \OLK2\stdad31.doc\4 4 (04/05) subcontractors, agents or employees; breach of warranty; breach of contract; or other act, error or omission; or from strict or absolute liability in tort; or from any other cause whatsoever; or any combination of the foregoing) including, but not limited to: damages arising from the use or loss of use of any facility; loss of anticipated profits or revenues; costs of replacement services, goods and utilities; costs of purchasing or generating replacement electricity; damages arising from delay; claims of customers; or interest. Force Majeure Commonwealth Associates, Inc. shall not be liable for any loss or damage due to any failure or delay in performance under this Agreement resulting from any cause beyond Commonwealth Associates, Inc.'s reasonable control including, but not limited to: acts of God; acts or omissions of civil or military authority; acts or omissions of contractors; acts or omissions of Company; acts or omissions of suppliers; fires; floods; epidemics; quarantine restrictions; unusually severe weather; strikes or other labor disputes; embargoes; wars; political strife; riots, sabotage; delays in transportation; compliance with any regulations or directives of any national, state, local or municipal government, or any department thereof; or fuel, power, material, or labor shortages. 12. Miscellaneous a. Patents; Copyrights Commonwealth Associates, Inc. shall not conduct patent searches in connection with its performance under this Agreement and assumes no responsibility or liability for any patent or copyright infringement arising therefrom. Nothing in this Agreement is intended or shall be construed as a warranty or a representation that anything made, used, or sold arising out of Commonwealth Associates, Inc.'s performance under this Agreement will be free from infringement of patents or copyrights. b. Estimates Cost estimates and estimates of material quantities prepared by Commonwealth Associates, Inc. represent Commonwealth Associates, Inc.'s best judgment as a design professional familiar with the industry. Such estimates are based on the information available at the time such estimates are prepared. It is recognized, however, that design is an evolving process in which concepts and other design factors change and neither Commonwealth Associates, Inc. nor Company has control over such changes, the costs of labor, materials, or equipment, over Contractor's methods of determining bid prices, or over competitive bidding, market, or negotiating conditions. Accordingly, Commonwealth Associates, Inc. cannot and does not warrant or represent that bids or negotiated prices or final quantities will not vary from the estimates prepared by Commonwealth Associates, Inc. C: \Documents and Settings\aalemu\Local Settings \Temporary Internet Files \OLK2\stdad31.doc \5 (04/05) c. Third Parties Except Commonwealth Associates, Inc.'s subcontractors, agents, and employees, no provision of this Agreement is intended or shall be construed to be for the benefit of any third party. d. Assignment Neither party may assign its rights, interests, or obligations under this Agreement without the express written consent of the other party. Any assignment made without such written consent shall be void; however, such consent shall not be unreasonably withheld. e. Waiver The failure of either party to enforce, at any time, any provision of this Agreement shall not constitute a waiver of such provision in any way or the right of such party at any time to avail itself of such remedies as it may have for any breach or breaches of such provision. f. Hiring Company may not, until 1 year after the employee's assignment ends, offer employment or hire such employee without the prior written authorization of Commonwealth Associates, Inc. g. Review of Contractors' Submittals Any Commonwealth Associates, Inc. review and approval and/or other action with respect to the submittals of contractors, such as shop drawings, product data, and samples, shall only be for conformance with the design concept of the project and with the information given in the contracts between contractors and Company. Commonwealth Associates, Inc.'s approval of a specific item shall not indicate approval of an assembly of which the item is a component. h. Headings The section headings appearing in this Agreement are for convenience of reference only and shall not control or affect in any way the scope, intent or interpretation of any provision of this Agreement. i. Term of Agreement This Agreement shall remain in effect until terminated pursuant to Section 12.j. Any tasks agreed to prior to such termination, which have not been completed or C:\Documents and Settings\aalemu\Local Settings \Temporary Internet Files \OLK2 \stdad31.doc \6 (04/05) terminated, pursuant to Section 12.j, shall be completed under the provisions of this Agreement. Termination Either party may at any time, upon 30 . days prior written notice to the other party, terminate this Agreement or any task established under this Agreement. Upon such termination, Company shall pay Commonwealth Associates, Inc. all amounts owing to Commonwealth Associates, Inc. under this Agreement for all work performed up to the effective date of termination, lus reasonable termination costs. Reasonable termination costs shall include, but of be limited to, the cost of terminating any contracts, leases, or other obligations incurred by Commonwealth Associates, Inc. in connection with this Agreement. k. Governing Law This Agreement shall be governed by the laws of the State of Michigan provided that nothing contained therein shall be interpreted in such a manner as to render it unenforceable under the laws of the State where the Company is located or of the United States. 1. Entire Agreement This Agreement, upon its acceptance by Company, shall constitute the entire and integrated understanding between the parties and supersede all prior and contemporaneous negotiations, representations, and agreements, whether written or oral, with respect to the subject matter herein. The Agreement may be amended only by written instrument signed by Commonwealth Associates, Inc. and Company. C:\Documents and Settings\aalemu\Local Settings \Temporary Internet Files \OLK2\stdad31.doc17 (04/05) IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement the day and year first above written intending the same to be binding upon the parties hereto, their successors and assigns. This Agreement will be executed in two counterparts, each constituting an original but altogether one and the same instrument and Agreement. WITNESS: WITNESS: ATTEST: By: Bruce V. Malkenhorst, Jr. Acting City Clerk APPROVED AS TO FORM: Company CITY OF VERNON By LEONIS C. MALBURG Title Mayor Date Commonwealth Associates, Inc. By Title Date Eric T. Fresch, City Attorney C:\Documents and Settings\aalemu\Local Settings\Temporary Internet Files \OLK2\stdad3l.doc \8 (04/05) SUPPORTING DOCUMENTS AGREEMENT FOR PROFESSIONAL AND TECHNICAL SERVICES BETWEEN CITY OF VERNON AND COMMONWEALTH ASSOCIATES, INC. This AGREEMENT made and effective this [ (' day of /k1LOUSf , 2005, by and between the City of Vernon, a California municipality, with principal offices at 4305 Santa Fe Avenue, Vernon, California, 90058, hereinafter called Company and Commonwealth Associates, Inc., a Michigan corporation, with principal offices at 2700 West Argyle Street, P.O. Box 1124, Jackson, Michigan 49204 -1124, hereinafter called Commonwealth Associates, Inc. WITNESSETH WHEREAS, Company intends to plan, construct, erect, modify, maintain, or otherwise improve facilities, and WHEREAS, in connection with said facilities, services relating to engineering, plant and system operations, environmental analysis, and/or construction management may be required, and WHEREAS, Commonwealth Associates, Inc. asserts that it is willing, qualified, and able to provide such services, and WHEREAS, the parties desire to set forth herein the manner and terms upon which said services shall be provided; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Scope of Services Commonwealth Associates, Inc. shall furnish services for projects described in exhibits or proposals acceptable to Commonwealth Associates, Inc. and as specifically authorized and accepted in writing by means of a purchase order or other document issued by duly authorized representatives of Company. Such purchase orders or other documents shall become a part of this Agreement: Separate billings shall be rendered for Commonwealth Associates, Inc.'s services as instructed by Company for each individual project authorized by such purchase order or other document. 2. Compensation a. Company shall pay Commonwealth Associates, Inc. for services and expenses as agreed and specified in each purchase order or other authorization document. M :\proposals \Vernon, City of\Contracts \CA1 Contract 081005 final :doc 1 (08/05) b. In the event daily schedules of work involve overtime, Commonwealth Associates, Inc.'s charge for each overtime hour will be billed at the agreed upon hourly rate except that for overtime worked by nonexempt classified employees an amount equal to one -half the salary paid to such nonexempt employees will be added. Commonwealth Associates, Inc. will make every effort to minimize overtime work and will seek approval from Company prior to authorizing overtime. c . Commonwealth Associates, Inc. will notify, and Company reserves the right to approve any subcontractors. For subcontracted services performed in connection with this Agreement, Commonwealth Associates, Inc. will invoice Company at subcontractor's cost, plus a seven (7) percent markup. d. Invoices, in a format acceptable to Company, , shall be submitted monthly to Company for the services performed and the expenses accounted for under this Agreement during the preceding Commonwealth Associates, Inc. fiscal month. Company shall pay the full amount of the invoice within 30 days of receipt of acceptable invoice. If Company disputes any item on an invoice, Company shall pay the invoice amount for the items not in dispute within the payment period specified above and shall enclose with such payment a written statement of its reasons for disputing the unpaid items. Company and Commonwealth Associates, Inc. shall endeavor to negotiate a settlement of the disputed items. 3. Company Furnished Data and Information Company shall at no cost to Commonwealth Associates, Inc.: Provide to Commonwealth Associates, Inc., in a reasonably prompt manner, all data and information in the possession of Company as may be required by Commonwealth Associates, Inc. to perform the services under this Agreement. Designate a person to act as Company representative, who shall have complete authority to transmit instructions, receive information, and interpret and define Company policies and decisions with respect to the services under this Agreement. Give prompt notice to Commonwealth Associates, Inc. should Company observe or otherwise become aware of any defect in the services provided by Commonwealth Associates, Inc. Furnish to Commonwealth Associates, Inc. prior to any performance by Commonwealth Associates, Inc. a copy of any engineering, design, and construction standards which Company shall require Commonwealth Associates, Inc. to follow in its performance of services under this Agreement. M:\proposals \Vemon, City of\Contracts \CAI Contract 081005 final.doc 2 (08/05) 4. Records, Inspection and Audit During the course of work being performed, Commonwealth Associates, Inc. and any of its subcontractors shall maintain and retain, not less than three years after completion thereof, complete and accurate records of Commonwealth Associates, Inc. costs which are chargeable to Company under this Agreement. Company or its designated, authorized representatives, shall have the right during this three year period, upon written reasonable notice, to inspect and audit those records. Such records to be maintained and retained by Commonwealth Associates, Inc. shall include: (a) payroll record accounting for the total time distribution of employees working full or part time on the work as well as canceled checks or signed receipts for payroll payments in cash; (b) invoices for purchases, receiving and issuing documents, and all the other unit - inventory records for stores stock or capital items; (c) paid invoices and canceled checks for material purchased and for the subcontractor's and any other third- parties' charges; and (d) other payroll documentation Company deems necessary to verify charges under this Agreement. 5. Insurance Prior to and during the performance of the work, Commonwealth Associates, Inc., for the protection of Company, shall provide and furnish evidence of such coverage, Workmen's Compensation Insurance including Occupational Disease Benefits to employees of Commonwealth Associates, Inc. employed on or in connection with the work covered by this Agreement, and/or to their dependents, in accordance with applicable law. Commonwealth Associates, Inc. shall, at its own expense, carry and maintain Comprehensive General Liability Insurance including, but not limited to, Contractual Liability and Broad Form Property Damage in limits not less than $1,000,000 combined Bodily Injury and Property Damage. In addition Commonwealth Associates, Inc. shall carry Automobile Public Liability Insurance, with combined Bodily Injury and Property Damage of not less than $1,000,000 combined single limit. Company, its Council, employees, agents and representatives shall be named as "additional insured" on all policies listed above. Commonwealth Associates, Inc. will provide adequate proof of insurance. Where Company requires that project construction Contractor(s) or Subcontractor(s) provide liability insurance, Company shall require such Contractor(s) or Subcontractor(s) to name Commonwealth Associates, Inc. as an "additional insured." Company shall require Contractor(s) and Subcontractor(s) to submit certificates evidencing proof of such coverage directly to Commonwealth Associates, Inc. at the address stated herein. 6. Original Work Any drawings, specifications, or reports prepared by Commonwealth Associates, Inc. under this Proposal shall be the property of Company; however, Commonwealth Associates, Inc. shall have the unlimited right to use such drawings, specifications, and reports and the intellectual property therein. Company shall use such drawings, specifications, and reports only for the project for which they were prepared. M: \proposals \Vernon, City of\Contracts\CAI Contract 081005 final.doc 3 (08/05) 7. Registration Commonwealth Associates, Inc. is duly authorized to engage in the practice of professional engineering in the State of Michigan and by reason work thereof, the repreparation ti be accomplished plans, drawings, reports, and all similar professional under the direction of Commonwealth Associates, Inc.'s professional practitioners, draftsmen, and other employees and shall be made available and delivered to Company at its principal offices. To the extent required by local regulations, Commonwealth Associates, Inc. shall provide professional services by qualified personnel duly registered in the State of the project. 8. Independent Contractor It is agreed between the parties hereto that construction contractor(s) or subcontractor(s) employed by Company to construct work and perform maintenance are independent contractors and as such are completely responsible to Company for the performance of their contracts, maintaining the construction schedules, and that these construction organizations are solely responsible for the methods and detailed sequences of construction and for safety precautions incident thereto. The presence of a Commonwealth Associates, Inc. representative will not relieve the construction contractor(s) of these responsibilities. 9. Responsibility With respect to Commonwealth Associates, Inc.'s services under Section 1: Commonwealth Associates, Inc. will exert the degree of care and skill ordinarily exercised, under similar circumstances, by similar professionals at the time such services are rendered. Company agrees that Commonwealth Associates, Inc. can exert such degree of responsibility only where Company permits Commonwealth Associates, Inc. to exercise independent engineering judgment in the performance of its work. In recognition thereof, Company agrees that Commonwealth Associates, Inc. shall not be liable for any loss or damage resulting from or attributable to the execution are of an engineering nature or otherwise. instructions, whether such instructions 10. Consequential Damages In no event (even should circumstances cause the exclusive remedy specified in Section 9 to fail of its essential purpose) shall Commonwealth Associates, Inc. be liable for special, indirect or consequential damages of any nature (regardless of whether such damages are alleged to have arisen from the negligence of Commonwealth Associates, Inc., its subcontractors, agents or employees; breach of warranty; breach of contract; or other act, error or omission; or from strict or absolute liability in tort; or from any other cause whatsoever; or any combination of the foregoing) including, but not limited to: damages arising from the use or loss of use of any facility; loss of anticipated profits or revenues; (08/05) M: \proposals \Vernon, City of\Contracts \CAI Contract 081005 final.doc 4 costs of replacement services, goods and utilities; costs of purchasing or generating replacement electricity; damages arising from delay; claims of customers; or interest. 11. Force Majeure Commonwealth Associates, Inc. shall not be liable for any loss or damage due to any failure or delay in performance under this Agreement resulting from any cause beyond Commonwealth Associates, Inc.'s reasonable control including, but not limited to: acts of God; acts or omissions of civil or military authority; acts or omissions of contractors; acts or omissions of Company; acts or omissions of suppliers; fires; floods; epidemics; quarantine restrictions; unusually severe weather; strikes or other labor disputes; embargoes; wars; political strife; riots, sabotage; delays in transportation; compliance with any regulations or directives of any national, state, local or municipal government, or any department thereof; or fuel, power, material, or labor shortages. 12. Miscellaneous a. Patents; Copyrights Commonwealth Associates, Inc. shall not conduct patent searches in connection with its performance under this Agreement and assumes no responsibility or liability for any patent or copyright infringement arising therefrom. Nothing in this Agreement is intended or shall be construed as a warranty or a representation that anything made, used, or sold arising out of Commonwealth Associates, Inc.'s performance under this Agreement will be free from infringement of patents or copyrights. b. Estimates Cost estimates and estimates of material quantities prepared by Commonwealth Associates, Inc. represent Commonwealth Associates, Inc.'s best judgment as a design professional familiar with the industry. Such estimates are based on the information available at the time such estimates are prepared. It is recognized, however, that design is an evolving process in which concepts and other design factors change and neither Commonwealth Associates, Inc. nor Company has control over such changes, the costs of labor, materials, or equipment, over Contractor's methods of determining bid prices, or over competitive bidding, market, or negotiating conditions. Accordingly, Commonwealth Associates, Inc. cannot and does not warrant or represent that bids or negotiated prices or final quantities will not vary from the estimates prepared by Commonwealth Associates, Inc. M: \proposals\Vernon, City ot\Contracts\CAI Contract 081005 final.doc 5 (08/05) c. Third Parties Except Commonwealth Associates, Inc.'s subcontractors, agents, and employees, no provision of this Agreement is intended or shall be construed to be for the benefit of any third party. d. Assignment Neither party may assign its rights, interests, or obligations under this Agreement without the express written consent of the other party. Any assignment made without such written consent shall be void; however, such consent shall not be unreasonably withheld. e. Waiver The failure of either party to enforce, at any time, any provision of this Agreement shall not constitute a waiver of such provision in any way or the right of such party at any time to avail itself of such remedies as it may have for any breach or breaches of such provision. f. Hiring (Not Applicable) Review of Contractors' Submittals Any Commonwealth Associates, Inc. review and approval and/or other action with respect to the submittals of contractors, such as shop drawings, product data, and samples, shall only be for conformance with the design concept of the project and with the information given in the contracts between contractors and Company. Commonwealth Associates, Inc.'s approval of a specific item shall not indicate approval of an assembly of which the item is a component. h. Headings The section headings appearing in this Agreement are for convenience of reference only and shall not control or affect in any way the scope, intent or interpretation of any provision of this Agreement. Term of Agreement This Agreement shall remain in effect until terminated pursuant to Section 12.j. Any tasks agreed to prior to such termination, which have not been completed or terminated, pursuant to Section 12.j, shall be completed under the provisions of this Agreement. M: \proposals \Vernon, City of\Contracts \CAI Contract 081005 final.doc 6 (08/05) Termination Either party may at any time, upon 30 days prior written notice to the other party, terminate this Agreement for convenience or any task established under this Agreement. Upon such termination for convenience, Company shall pay Common- wealth Associates, Inc. all amounts owing to Commonwealth Associates, Inc. under this Agreement for all work performed up to the effective date of termination, plus reasonable termination costs. Reasonable termination costs shall include, but not be limited to, the cost of terminating any contracts, leases, or other obligations incurred by Commonwealth Associates, Inc. in connection with this Agreement. Either party may terminate this Agreement for cause, upon written notice to the other party, and such termination will become effective upon receipt of the termination notice. Company shall pay Commonwealth Associates, Inc. all amounts owing to Commonwealth Associates, Inc. under this Agreement for all work performed up to the effective date of termination only. k. Governing Law This Agreement shall be governed by the laws of the State of California provided that nothing contained therein shall be interpreted in such a manner as to render it unenforceable under the laws of the State where the Company is located or of the United States. Entire Agreement This Agreement, upon its acceptance by Company, shall constitute the entire and integrated understanding between the parties and supersede all prior and contemporaneous negotiations, representations, and agreements, whether written or oral, with respect to the subject matter herein. The Agreement may be amended only by written instrument signed by Commonwealth Associates, Inc. and Company. M: \proposals \Vernon, City of\Contracts \CAI Contract 081005 final.doc 7 (08/05) IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement the day and year first above written intending the same to be binding upon the parties hereto, their successors and assigns. This Agreement will be executed in two counterparts, each constituting an original but altogether one and the same instrument and Agreement. WITNESS: Company c By Title Mayor Date August 11, 2005 WITNESS: Commonwealth ATTEST: By Dennis F. DeCosta, P.E. Title President Date August 10, 2005 sociates, Inc. Bruce V. Malkenhorst, Jr. Acting City. Clerk APPROVED AS TO FORM: Fresch, ity Attorney M: \proposals \Vemon, City of\Contracts \CAI Contract 081005 final.doc 8 (08/05) ertvds RISK MANAGEMENT OFFICE INTER DEPARTMENT MEMORANDUM DATE: November 29, 2005 TO: Kelly Giron, Deputy City Clerk FROM: Willard G. Yamaguchi, Acting Risk Manager RE: Commonwealth Associates, Inc. Please be advised that the above referenced has provided acceptable insurance. Attached for your retention are original insurance certificates and related policies, declarations and /or endorsements for the above - referenced insured that were issued by: • USF &G (General Liability, Automobile Liability, and Excess /Umbrella Liability) • St Paul Fire &Marine Ins. Co. (Workers Compensation) This concerns Resolution No. 8824, Agreement File No. 05 -096. WY /kr cc: Donal O'Callaghan Jennifer McNabb ACORD, CERTIFICATE OF LIABILITY INSURANCE 08/15 /1005' PRODUCER (734)662 -4041 FAX (734)662 -4065 Professional Concepts Insurance Agency Inc. 2950 5 State Street Suite 402 Ann Arbor, MI 48104 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Commonwealth Associates, Inc. 2700 West Argyle P.O. Box 1124 Jackson, MI 49204 INSURER A. USF&G LIMITS INSURER B: St ' Paul Fire & Marine Ins . Co. X INSURER C: LIABILITY. COMMERCIAL GENERAL LIABILITY INSURER D: BK01342960 INSURER E: 04/01/2006 LVVtKAGtb THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR INSRD, ADM TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE nATF twamylt POLICY EXPIRATION [LATE /mm,,,,, LIMITS A X GENERAL LIABILITY. COMMERCIAL GENERAL LIABILITY BK01342960 04/01/2005 04/01/2006 EACH OCCURRENCE $ 1 000,000 DAMAGE TO RENTED PRFMI.SFS (Fa - trnirane $ 3001' 000 X MED EXP (Any one person) $ 10,000 I CLAIMS MADE. X OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEM. AGGREGATE UMIT APPLIES PER: POLICY n 78-1. n LOC PRODUCTS - COMP/OP AGG $ 2,000 2,000,000 —1 A X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS BK01342960 04/01/2005 04/01/2006 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 _ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ -7,- X PROPERTY DAMAGE (Per accident) $ GARAGE LIABIIJTY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A X EXCESS /UMBRELLA LIABILITY BK01342960 04/01/2005 04/01/2006 EACH OCCURRENCE $ 5,000,000 I OCCUR CLAIMS MADE AGGREGATE $ 5,000,000 I i DEDUCTIBLE RETENTION $ $ $ $ B WORKERS EMPLOYERS' ANY OFFICER/MEMBER If yes SPECIAL COMPENSATION AND LIABILITY PROPRIETOR/PAWNER/EXECUTIVE EXCLUDED? describe under PROVISIONS below WVA2439050 04/01/2005 04/01/2006 X I Toav j ASS I IOFR E.L. EACH ACCIDENT $ 500,000 $ 500,000 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMB $ 500,00C OTHER DESCRIPTION Project: Zity OF OPERATIONS / LOCATIONS / VEHICLES t EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Vernon Power Plant of Vernon, CA is named as Additional Insured as respects to General Liability only. GtK I IHUA I t HVLUtK City of Vernon, CA Willard Vamaguchi, Acting Risk Mgr. 4305 Santa Fe Ave. Vernon, CA 90058 4+rulm -r-^ "v" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE (l!/ ( /j- [� Kim Fricke /LP `�hj/7,{K/K ACORD 25 (2001/08) © ACORD CORPORATION 1988 Policy Number: BK01342960, Commonwealth Associates, Inc. Broadened Liability Coverage Endorsement ARCHITECTS AND ENGINEERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. The following changes are made to the LIABILITY COVERAGE PART. 1. The following paragraph is added to SECTION l - COVERAGE: E. Additional Insured Exclusions 1. In addition to the other exclusions applicable to COVERAGES A., B. and C., the insurance provided to an Additional Insured does not apply to: a. "Property damage" to: 1) Property owned, occupied or used by the Additional insured; 2) Property rented, leased or loaned to, in the care, custody or control of, of over which physical control is being exercised for any purpose by the Additional Insured; or 3) "Your work" performed for the Additional Insured. b. "Bodily injury,* "property damage," "personal injury," or "advertising injury" which is not caused in whole or in part by the negligent acts or omissions of any Named Insured, or the negligent acts or omissions of anyone directly or indirectly employed by a Named Insured or for whose acts a Named insured may be liable. CLBF 21 81 04 01 2. Paragraph 1.b. of SECTION 11. - WHO IS AN INSURED is replaced by the following: A partnership or joint venture, you are an insured. Your members, your partners and their spouses are also insureds, but only with respect to the conduct of your business. You are an insured for your participation in any past or present "unnamed joint venture" if there is no other similar insurance available to that organization. This protection does not apply if the "unnamed joint venture" has direct employees; or owns, rents, or leases any real or personal property. Nor does it apply to any other member of the "unnamed joint venture." 3. The following is added to paragraph 2. of SECTION II. - WHO IS AN INSURED: If you are required to add another person or organization as an insured under this policy by a written work contract or agreement which is in effect during the policy period and a certificate of insurance has been issued listing that person or organization as an Additional insured, that person or organization is an insured. Such person or organization is referred to in this Coverage Part as an Additional Insured. 4. The final paragraph in SECTION 1I - WHO IS AN INSURED is replaced by the following: No person or organization is an insured with respect to the conduct of any current or past partnership or limited liability company that Page 1 of 2 is not shown as a Named Insured in the Declarations. 5. Paragraph 2. Of SECTION 11i - LIMITS OF LIABILITY is replaced by the following: The General Aggregate Limit is the most we will pay for each of "your premises" listed in the Schedule of Premises and each of your work sites ". 6. With respect to 3.i. above the following additional provision applies: SECTION IV.5. Other insurance is replaced by the following: 5. Other Insurance The insurance afforded by this Coverage Part is primary insurance and we will not seek contribution from any other insurance available to the insured unless the other insurance is provided by a contractor. Then we will share with that other insurance by the method described below. if all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes CL1BF 21 81 04 01 equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 7. The following are added to SECTION V - DEFINITIONS "Unnamed joint venture" means any joint venture with other architects or engineers that is not named in the Liability Coverage Part Declaration. "Your premises" means any premises, . site, or location that you own or rent or lease from others. "Your work sites" means any premises, site, or location at, on, or in which your work is not yet completed, other than your premises. All other terms of the policy remain the same. Page 2 of 2 N The St. Paul Business Foundation Series 4 C 0 0 2 81401342860 4663 wow =Isms NEM ISM MIME NEE MEM NINERS MEE sums mum immx EOM EOM MAN NEM mum Common Poky °Waralions Policy Number 1 BK01342960 Renewal Of: IIAR 28 mAAAS Your insurance Company is: United States Fidelity and Guaranty Company 5801 Smith Avenue Battimere, Maryland 21209 A Stock Insurance Conmany Reason For Issuance 1 Annual Update Named Insured COMMONWEALTH AASSOCIATES. INC. 2700 WEST ARGYLE JACKSON, MI 49204 Client Number 0001680453 Your Agent PROFESSIONAL CONCEPT INS AGCY 2950 S STATE ST STE 402 ANN ARBOR, Ml 48104 Agent Code: 216211 At ent's Signature: Policy Period: From 04/01/2105 1201 a.m. Until Terminated at the mailing address shown. In return for the payment of the premium and subject to all the terms of this policy, we agree to provide the insurance as stated in this policy. This policy consists of the following Coverage Part(s) for which a premium is indicated. This premium may be subject to adjustment. The Annual Policy Writing Minimum Premium is $600. Coverages Liability Property Commercial Umbrella Liability Construction and Installation Equipment and Mobile Property Total Policy Premium: Premium $ 578.00 $13,737.00 $ 3,750.00 $ 0.00 $ 2,243.00 $ 20,388.00 Forms and Endorsements Applicable to This Coverage Part See attached Schedule of Forms and Endorsements CL/BF 00 35. AGENT CUBE OO 10 09 99 Print Date: 03/22/2MS Agency VIII Prepaid * 4 C 0 0 2 BK01342960 4687 The St. Paul Business Foundation Series Liability Coverage Part Declarations Your Insurance Company is United States Fidelity and Guaranty Company 51011 Smith Avenue Baltimore, Maryland 21209 A Stock Insurance Company Policy Number: Reason For Issuance: BK01342960 Annual Update V TRMPrELLERs Limits of Liability: $ 1,000,E $ 1,000.000 $ 2,000,000 $ 2,000,030 $ 10,000 $ 300,0 0 Each Occurrence Limit Personal and Advertising Injury Limit General Aggregate Limit (Other than Products - Completed Operations) Products - Completed Operations Aggregate Limit Medical Payments Limit (Any One Person) Tenant Legal Liability Limit Retained Limit Property Damage ($0 Unless Otherwise Indicated) Form Of Business: ❑ Individual ❑ Partnership 0 Corporation ❑ Limited Liability Company ❑ Other: oramon MN VMS Premium Schedule: amimi Premises Code Premium Emus Classification Number Number Basis Mee mime MEM rows Employee Benefits Liability (Claims - Made) MSS Hired and Nonowned Auto Liability Immo NOM = Total MNIN nom Audit Period: None MEI Options • Advance Territory Rate Premium Premium $ 491.00 $ 87.00 $ 578.00 tiJSF20050497 Page 1 of 2 * 4 C 0 0 2 BK01342960 4665 The St. Paul Business Foundation Series Schedule Of Forms And Endorsements ("MRS Policy Number: IBK01342960 Reason For Issuance: Annual Update Forms and Endorsements Applicable to All Coverage Parts: CL/13F 00 10 09 99 IL 00030999 CL/BF 0015 09 02 CLBF00300902 CL/BF 00 35 03 95 CL/BF 00 40 04 97 CL/BF 0081A1202 CLEF $5161102 CL/BF 00220600 Common Policy Declarations Calculation of Premium Countersignature Form Common Policy Conditions Schedule of Forms and Endorsements Schedule of Premises Disclosure Notice - Terrorism Risk Insurance Act of 2002 Michigan Changes Important Notice- Property Deductible Change Forms and Endorsements Applicable to the Property Coverage Part CL/BF 1005 09 02 CLBF 1010 09 99 CL/BF 11 Eh 0902 CL/BF 11 10 09 02 CL/BF 11 50 03 95 CLBF 1165 0698 CLEF 116809 02 CLBF 1187 09 02 CIJBF 13 00 09 99 CL/BF 1340 0103 CL/BF 160308 03 Property Coverage Part Declarations Property Coverage Part Additional Coverage • Business Income and Extra Expense Dependent Properties Additional Coverage - Business Income and Extra Expense Off- Premises Services Additional Coverage Fine Arts Loss Payable Provisions Property Coverage Change Endorsement Utility Services - Direct Damage Suspension of Protective Systems 'Mold Or Other Fungi" Or *Bacteria' With Exception For Certain Causes Of Loss Exclusion Endorsement Architects And Engineers - Property Enhancement Endorsement Forms and Endorsements Applicable to the Liability Coverage Part: CL/BF 20 05 04 97 CLEF 20 10 11 02 CLEF 2026 01 04 CLBF21000497 CL/BF 21 15 11 02 CLBF 21 18 11 02 CL/BF 21 84 11 02 CLBF 21 85 11 02 CL/BF 26 09 09 03 Liability Coverage Part Declarations Liability Coverage Part Professional Services Definition Endorsement Employee Benefits liability - Claims Made Hired and Non -Owned Auto Liability Coverage Tenant Legal Liability Causes of Loss Employee Benefits Liability (Claims-Made) Accountants, Attorneys, Lawyers, Architects And Engineers Hired And Non-Owned Auto Liability Accountants, Attorneys, Lawyers, Architects And Engineers Liability Coverage Enhancement - Architects And Engineers Endorsement CAF W 350395 Best's Rating Center - Company Information for USF &G Insurance Company of Mississi... Page 1 of 2 View Ratings: Financial Strength issuer Credit Securities Advanced Search I Ratings Dep ISearch IPress Rele I Related Products Industry I Cow Risk Est gs for Secure -Rated Irisurors USF &G Insurance Company of Mississippi (a member of St. P.B Travelers Group) (view securities for related issuers) A.M.Best# 11568 NAIC #:10620 FEIN #: 521850698 Address: 385 Washington Street St. Paul, MN 55102 Phone: 651 - 310 -7911 Fax: 651 - 310 -7334 Web: www.stpauitravelers.com Other Web Center Assigned to companies that have, in our opinion, a superior ability to meet their ongoing obligations to policyholders. Best's Ratings Financial Strength Ratings view DefinitIo tt_s Issuer Credit Ratings View Definitio Long-Term: aa- Outlook: Stable Action: Upgraded Date: July 13, 2005 Rating: A+ (Superior) Affiliation Code: r (Reinsured) Financial Size Category: XV ($2 billion or more) Outlook: Stable Action: Upgraded Effective Date: July 13, 2005 * Denotes Under Review Best's Ratings Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A.M. Best Grouf Best's Company Report - indudes Best's Financial Strength Rating and rationale along wits analytical commentary, detailed business overview and key financial data. te Report Revision Date: 07/22/2005 (represents the latest significant change). Historical Reports are available in Best's Company Report Archive. Best's Executive Summary Reports (Financial Overview) - available in three versions, thi style reports feature balance sheet, income statement, key financial performance tests incluc liquidity and reserve analysis. Data Status: 2005 Best's Statement File - P/C, US. Contains data compiled as of 10/2/2005 Checked). • Single Company - five years of financial data specifically on this company. • Comparison side -by -side financial analysis of this company with a peer group of up to companies you select. • Composite - evaluate this company's financials against a peer group composite. Report average and total composite of your selected peer group. Note: Adobe Reader is required to view the reports listed above. This software is available fi Systems Inc. An Excel export option is also available once the report has been opened usint ol Best's Key Rating Guide Presentation Report - indudes Best's Financial Strength Rating 4,'i as provided in Best's Key Rating Guide products. Data Status: 2003 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's - Property /Casualty Center - Premium Data & Reports Best's Key Rating Guide - P /C, US & Canada Best's Statement File - P/G US Best's Statement File - Global http: / /www3. ambest. com / ratings /FullProfile.asp ?B1 =0 &AMBNum= 11568 &AltSre =l &A:.. 10/31/2005 LIGHT & POWER DEPARTMENT Donal O'Callaghan, Director of Light & Power October 15, 2008 Mr. Dennis DeCosta President Commonwealth Associates, the. 2700 West Argyle Street Jackson, Michigan 49202 Subject: Commonwealth Associates, Inc. (PO 055.0000047) Contract Change Order No. 10 Dear Mr. DeCosta: On October 14, 2008, the Gk it of the City of Vernon approved Change Order No. 10 to the Agreement by and between the City of Vernon and Commonwealth Associates, Inc. approved on August 3, 2005. Total amount of Change Order No. 10 for fiscal year 2008 -2009 is an amount not to exceed: $87,782.00. Enclosed herewith is the original Change Order No. 10 for your execution. Please retain a copy for your records and return the original to the attention of the undersigned below. If you have any questions, you can regcb Abraham Alemu at (323) 583 -8811, extension 250. Sincerely, CITY OF VERNON Dorial O'Callaghan Director of Light and Power DO:rmt Enclosure c: Abraham Alemu Project Control Document Control 4305. Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583 -8811 fcCusiveCy Industrial' Fax (323) 826 -1425 CITY OF VERNON Light & Power Department Contract Change Order No. 10 Supplement No. n/a Page 1 of 2 CONSULTANT: Commonwealth Associates, Inc — (PO 055.0000047), Resolution Date 8 -3 -05 TO: Commonwealth Associates, Inc. (Consultant and /or Vendor) P.O. Box 1124, Jackson, MI 49204 -1124 REQUESTED BY: City of Vernon -You are hereby authorized to make the herein described changes, or do the following described work not included in the original agreement. ADDITIONAL SCOPE OF WORK AND /OR ADJUSTMENTS IN COMPENSATION AS IDENTIFIED BELOW FOR THE REMAINDER OF THIS FISCAL YEAR (2008 - 2009): First phase is to identify and prepare a permitting plan to fulfill the permitting requirements set forth by various entities. • Preliminary Research $ 2,652 • Preliminary Permitting Plan and review 4,826 • Pre - Application Meetings 47,112 • Final Permitting Plan 10,526 • Survey Activities 14,686 • Contingency (10 %) 7,980 Total amount of this requested Change Order not to exceed: $ 87,782 Except as specifically modified herein, all terms and conditions of the original Agreement remain in full force and effect, and apply to the additional compensation as if said compensation was originally included in the Agreement Base Amount of Contract: Approved Contract Change Order #1: Approved Contract Change Order #2: Approved Contract Change Order #3: Approved Contract Change Order #4: Approved Contract Change Order #5: Approved Contract Change Order #6: Approved Contract Change Order #7: Approved Contract Change Order #8: Approved Contract Change Order #9 $ 92,500.00 35,000.00 55,000.00 63,900.00 75,000.00 42,600.00 15,000.00 10,000.00 40,000.00 95,000.00 Revised contract Amount (including this requested Change Order No.10): $611,782.00 App ATTEST: By: DONAL O'CALLAGHAN, Director, Lig jki,„ er Nelly Giron, City Clerk Page 2 of 2 Date: \,'."S\0$ Date: l/;`l`® We, the undersigned Consultant/Vendor, have given careful consideration to the change proposed and hereby agree. If this Change Order is approved we will continue to provide the necessary support services with additional compensation NOT to exceed the amount written above. Accepted: Commonwealth Associates, Inc. (Consultant/Vendor) Date: 10/29/08 By: Dennis F. DeCosta, P.E. Title: resident cc: Abraham Alemu Project Control Document Control — SREP 12.0135 (Resolution No. 8824) CITY OF VERNON Light & Power Department Contract Change Order No. 10 Supplement No. n/a Page 1 of CONSULTANT: Commonwealth Associates, Inc — (PO 055.0000047), Resolution Date 8 -3 -05 TO: Commonwealth Associates, Inc. (Consultant and /or Vendor) P.O. Box 1124, Jackson, MI 49204 -1124 REQUESTED BY: City of Vernon -You are hereby authorized to make the herein described changes, or do the following described work not included in the original agreement. ADDITIONAL SCOPE OF WORK AND /OR ADJUSTMENTS IN COMPENSATION AS IDENTIFIED BELOW FOR THE REMAINDER OF THIS FISCAL YEAR (2008 - 2009): First phase is to identify and prepare a permitting plan to fulfill the permitting requirements set forth by various entities. • Preliminary Research $ 2,652 • Preliminary Permitting Plan and review 4,826 • Pre- Application Meetings 47,112 • Final Permitting Plan 10,526 • Survey Activities 14,686 • Contingency (10 %) 7,980 Total amount of this requested Change Order not to exceed: $ 87,782 Except as specifically modified herein, all terms and conditions of the original Agreement remain in full force and effect, and apply to the additional compensation as if said compensation was originally included in the Agreement Base Amount of Contract: $ 92,500.00 Approved Contract Change Order #1: 35,000.00 Approved Contract Change Order #2: 55,000.00 Approved Contract Change Order #3: 63,900.00 Approved Contract Change Order #4: 75,000.00 Approved Contract Change Order #5: 42,600.00 Approved Contract Change Order #6: 15,000.00 Approved Contract Change Order #7: 10,000.00 Approved Contract Change Order #8: 40,000.00 Approved Contract Change Order #9 95,000.00 Revised contract Amount (including this requested Change Order No.10): $611,782.00 Page 2 of 2 Approved: Date: DONAL O'CALLAGHAN, Director, Light & Power ATTEST: By: Date: Netly Giron, City Clerk We, the undersigned Consultant/Vendor, have given careful consideration to the change proposed and hereby agree. If this Change Order is approved we will continue to provide the necessary support services with additional compensation NOT to exceed the amount written above. Accepted: Commonwealth Associates, Inc. (Consultant/Vendor) Date: By: Title: cc: Abraham Alemu Project Control Document Control — SREP 12.0135 (Resolution No. 8824) CA C 0 MM2 NWEALTH ASS OCIATES, INC. PO. x 1124 - Jackson, Michigan 49204 -1124 I Mr. T. Abraham Alemu City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Tel: (517) 788 -3000 Fax: (517) 788 -3003 E -mail: caiinfo @cai- engr.com RECE SEE, 116 LIGHT & Pi September 15, 2008 P -08 -162, Addendum #1 SUBJECT: LAND SERVICES FOR RIVER ROUTE PERMITTING PHASE I Dear Mr. Alemu: In accordance with our conversation regarding the above proposal, CAI is happy to clarify two points of concern: • If CAI receives authorization to proceed with the scope of work on or before October 10, 2008, the Permitting Plan, as a DELIVERABLE, will be submitted on or before December 15, 2008. • CAI agrees that the listed Project Estimate of $87,782 shall be a not -to- exceed total for the stated scope of services. If you have any further questions, please call me at 517 - 768 -7153. Approved for submittal by: David G. Mooberry, P.E. Sr. Vice President Sincerely, T. Davis, SR/WA Project Manager engineers • consultants • construction managers ICOMMONWEALTH ASSOCIATES, INC. P.O. Box 1124 - Jackson, Michigan 49204 -1124 RECEIV D SEP 44 2008 LIGHT & POWER DEPT. Mr. T. Abraham Alemu City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Tel: (517) 788 -3000 Fax: (517) 788 -3003 E -mail: caiinfo @cai- engr.com September 5, 2008 P -08 -162 SUBJECT: LAND SERVICES FOR RIVER ROUTE PERMITTING PHASE I Dear Mr. Alemu: Commonwealth Associates, Inc. (CAI) is pleased to submit this proposal in response to your request for Land Services for the River Route Permitting Project Phase I. GENERAL The City of Vernon's Light and Power Department is seeking the services of a consultant to permit the construction of the 230 kV intertie along the preferred River Route. CAI proposes to complete the permitting process in two phases. This scope of work addresses those tasks in Phase I. The first step in this process is to identify the permitting requirements set forth by regulatory agencies, which include having pre - application meetings with those agencies. Once identified, a Permitting Plan to fulfill the requirements will be prepared. River Route Permitting Phase II of the project would include implementing the plan. The agencies from which permits will be required have been identified as: • County of Los Angeles Department of Public Works (LA River) as a single entity • Los Angeles Department of Water & Power • Railroad(s) • City of Vernon • California Department of Transportation (Caltrans) This proposal assumes this to be a complete list of agencies with which CAI shall conduct the pre - application process. However, as part of this scope of work, CAI will search for additional regulatory agencies; conducting pre- application meetings with such additional agencies is not included in this scope. engineers • consultants • construction managers Mr. T. Abraham Alemu City of Vernon P -08 -162 September 5, 2008 Page 2 PROJECT APPROACH Task 1- Preliminary Research CAI will begin with a search for available data, from readily available sources, related to the necessary permits. Task 2- Preliminary Permitting Plan and Review Information gathered from the search will be assessed and a preliminary Permitting Plan drafted. Review of the preliminary Permitting Plan will allow CAI to identify specific questions, potential issues, and data deficiencies that need to be addressed. Task 3- Pre- Application Meetings Upon completion of the review, CAI will initiate contact with the stated agencies and request a meeting to introduce the project, review the permitting requirements, and discuss permit review time frames. When an agency meeting is not available, a conference call will be requested. CAI will generate meeting agendas, which will help focus the meeting on the questions, issues, and deficiencies identified in Task 2. Our assumption is that up to four CAI personnel will be required to make up to two trips to California to complete this task. When available our California -based Land Services Specialist will join in these meetings. Task 4- Final Permitting Plan Following the meetings, a final Permitting Plan will be developed. This plan will include the required permit applications and identify the requirements, approach, and resources (including application fees, engineering, survey and mapping etc.) required to complete each permit application. Following internal review, the Permitting Plan will be delivered to the City of Vernon. Task 5- Survey Activities In anticipation that further design work will be required to submit permit applications and that the design will potentially require detailed survey work, CAI proposes to initiate a portion of the surveying activities during these Phase I tasks. With the exception of Downey and District, the areas requiring surveying have not been clearly defined at this point, and an exact survey cost cannot be Mr. T. Abraham Alemu City of Vernon P -08 -162 September 5, 2008 Page 3 determined. As such, the budgeted amount for this task is estimated and will be used in the most efficient manner. Should the required survey work exceed this amount, we will prioritize the locations and complete those that the estimate allows; Phase II would include any remaining survey costs. In accordance with industry standards, CAI is also proposing to obtain survey permission from the affected owners. This will require contacting owners and providing them with an explanation of the project and the need for surveying. CAI proposes to use our California -based Land Services Specialist to complete these contacts and assumes that not more than 24 hours will be required. DELIVERABLES CAI will submit the following items to the City of Vernon: • Permitting Plan • Proposal for implementing the Permitting Plan including CAI's scope and costs for initial permit application submission HOURS AND COSTS Expenses Labor Description Hours Task 1 30 Task 2 50 Task 3 340 Task 4 100 Task 5 38 Subtotal Manhours 550 Expenses Description Travel Misc Task 1 $0 $50 Task 2 $0 $0 Task 3 $11,000 $100 Task 4 $0 $50 Task 5 $340 $10,000 Subtotal Expenses $11,340 $10,200 Mr. T. Abraham Alemu City of Vernon P -08 -162 September 5, 2008 Page4 Project Cost Summary Task Manhours Labor Expense Total Task 1 30 $ 2,602 $ 50 $ 2,652 Task 2 50 $ 4,826 $ 0 $ 4,826 Task 3 340 $ 36,012 $ 11,100 $ 47,112 Task 4 100 $ 10,476 $ 50 $ 10,526 Task 5 38 $ 4,346 $ 10,340 $ 14,686 Total Project 558 $ 58,262 $ 21,540 $ 79,802 Contingency 10% $ 5,826 $ 2,154 $ 7,980 Project Estimate $ 64,088 $ 23,694 $ 87,782 CAI's rate sheets and key project resumes are attached. We are looking forward to working with the City of Vernon on this project. If you have any questions, please call me at 517- 768 -7153. Sincerely, Ti avis, SR/WA Project Manager Approved for submittal b Dennis F. DeCosta, P.E. President Attachments TIM R. DAVIS, SR/WA, RW/NAC Section Manager /Right -of Way Specialist Mr. Davis has over seven years of experience in providing land and right -of -way acquisition services to governmental agencies and major utilities. His background includes planning; cost development; negotiation and relocation property management, including demolition; supervision of land and environmental surveys; procurement of appraisals and title searches; preparation of new easements for electric and gas distribution/transmission; and research and preparation of easement release documents. Professional Background: 2003 - Present Commonwealth Associates, Inc., Jackson, Michigan 1999 -2003 Independent Contractor to Consumers Energy, Jackson, Michigan and WE Energies, Milwaukee, Wisconsin 2002 Contracted Services to Region 2 Planning Commission, Jackson, Michigan Representative Project Experience: Provided Real Estate support for the Allegheny Trail Project from January to May 2007. Provided acquisition services including, marketing analysis, negotiations, and damage settlements on 7 parcels requiring four permanent easements and five grading permits. - Secured grading permits, tree removal, and access agreements for Washtenaw County Road Commission's Holmes Road project. Provided acquisition services including, marketing valuation study, temporary and permanent easement creation and preparation, and negations for Wabash Valley Power's MGP 138 kV Proj ect. Negotiated fee and easement acquisitions in addition to coordinating environmental surveys for Muskegon County Airport. Provided acquisition services including coordination of wetland delineation, environmental and cultural resource surveys, negotiations and a residential relocation to MBS Airport in their purchase of a 156 -acre parcel. - Negotiated easement acquisitions for the Whitehall Road Water Line Project on behalf of Muskegon County Department of Public Works. - Provided acquisition services and relocation assistance for over 250 parcels needed for the expansion of the Southwest Michigan Regional Airport. Provided easement acquisition on approximately 39 miles of 120 kV transmission line in Lapeer and Tuscola Counties, Michigan, for International Transmission Company's Thumb Rebuild Project. (1/06) - Commonwealth Associates, Inc. - BC 36 DOUGLAS A. LONGPRE Environmental Planner Mr. Longpre has a strong background in wetland delineation and mitigation processes as well as other environmental studies and permitting. He is proficient in the use of GIS software, including Arc /Info (Esri) and Arcview (Esri), and Imagine (Erdas) remote sensing software. Professional Background: 2008- Present Commonwealth Associates, Inc., Jackson, Michigan 2000 -2008 KEBS, Inc., 1994 -1999 Michigan State University, Lansing, Michigan 1984 -1990 United States Army, 82nd Airborne Division Representative Project Experience: Conducted wetland determinations and boundary delineations according to U.S. Army Corps of Engineers and Michigan Department of Environmental Quality methodologies. Performed GPS surveying to delineate wetland boundaries, collected and analyzed field data and preliminary site data; and wrote comprehensive reports defining wetland regulatory jurisdiction. Identified wetland losses due to impact and prepared written wetland mitigation and monitoring plans to account for losses. Created wetland mitigation planting plans, planted wetland mitigation areas, and monitored the development of wetland mitigation areas. Conducted summer and winter tree inventories, created inventory logs that associated recorded information with tagged tree numbers, and coordinated with drafters and engineers in the creation of tree identification and location plans. Coordinated with engineers and architects in the preparation of permit applications for submission to local and state agencies and provided professional expertise during the permit review process. Collected data on woody and herbaceous vegetation, wetlands, floodplains, flood hazard areas, vulnerable ground water areas, soils, and deep -water features as part of natural features assessments. Identified habitat for threatened and /or endangered wildlife species and prepared habitat location plans as well as habitat impact reports. Lead technician in determining soil types and soil- bearing pressures during subsurface drilling investigations. Lead technician in performing sieve analyses to determine aggregate gradations and extractions to determine bitumen content of asphaltic material. (9/08) - Commonwealth Associates, Inc. - BC: 17 STEPHEN S. MILLER, P.E. Section Manager /Electrical Engineer Mr. Miller has more than 29 years of experience in the analysis and planning of electric utility transmission systems and the design and development of associated software programs, particularly, the TRANSMISSION 2000® series of programs, including Power Flow, Short Circuit, and Transient Stability, designed to improve the analysis and planning of utility transmission systems. As Section Manager for TRANSMISSION 2000° he is responsible for the development, release, sales and support of all TRANSMISSION 2000® software and various auxiliary programs. Professional Background: 1994- Present Commonwealth Associates, Inc., Jackson, Michigan 1980 -1994 Electrocon International, Inc., Ann Arbor, Michigan 1978 -1980 The University of Michigan, Ann Arbor, Michigan Representative Experience: Project Manager and Principal Author, responsible for developing and producing system impact studies for generation and transmission projects in a wide variety of situations in the Midwest, the Western Interconnection (particularly California), and Texas. These studies include steady -state and dynamic analysis, as well as mitigation solutions. The designs resulting from these studies are embodied in over a half dozen power plants that are currently operating or under construction. Notable designs include Delta Energy Center (resolution of substantial transmission mitigation issues for one of the first and largest new plants built in California), Metcalf Energy Center (first ever California Energy Commission Override of local authorities), and Russell City Energy Center (first "six month" approval of a plant in California). Project Manager, responsible for development of necessary permit and licensing (Application for Certification) materials for transmission interconnection of the Delta Energy Center (www.deltaenergycenter.com) and Metcalf Energy Center (www. metcalfenergycenter. com) . Consulting Engineer, providing support for negotiation and development of commercial documents such as contracts, tariffs, and interconnection agreements. Recent efforts include work on Interconnection Agreements for Calpine Corporation's Magic Valley generation facility and support for various clients in stakeholder processes whose outcome was the development of various rules or regulations. Project Manager, responsible for design and implementation of a method to calculate Available Transfer Capabilities (ATC) as mandated by the Federal Regulatory Commission (FERC) in Order 889. This addition to the TRANSMISSION 2000® Power Flow module provides a unique and easy -to -use solution for meeting the demands of power system analysis in the new regulatory environment, as well as a useful tool for solving transmission system capability and reliability problems. (3/07) - Commonwealth Associates, Inc. - BC 40 JOEL E. SCHAEFFER Environmental Specialist Mr. Schaeffer has more than 32 years of experience as a biologist and environmental planner on transmission line, power plant, and other industrial projects throughout the United States. His experience includes transmission line and pipeline routing; wetland delineation; fisheries and wildlife studies; threatened and endangered species lake and stream surveys; water quality surveys; baseline studies for power plants, surface mines, and fly ash disposal sites, and numerous other projects. Professional Background: 1997 - Present 1996 - 1997 1984 - 1995 1979 - 1983 1978 - 1979 1976 - 1978 1974 - 1976 Commonwealth Associates, Inc., Jackson, Michigan Environmental Focus, Eagle, Michigan MWR, Inc., Lansing, Michigan Gilbert/Commonwealth, Inc., Jackson, Michigan Consumers Power Company, Jackson, Michigan Independent Environmental Contractor Michigan Department of Natural Resources, Lansing, Michigan Representative Project Experience: Presently participating in permitting activities for the routing of approximately 20 miles of 120 kV transmission line in southeast Michigan. The project involves routing the line through rural, residential, and commercial settings. Tasks include wetland delineation, threatened and endangered species coordination, agency contacts, public hearings, and cultural resources studies. Assisted the legal team in preparing documents for presentation before the Michigan Public Service Commission. - Assisted a Michigan -based transmission company in the environmental permitting activities for the rebuilding of five separate projects totaling approximately 60 miles in western and central Michigan. Activities included wetland delineation, permit acquisition, federal special use permits, and cultural resources studies. The project involved working closely with project engineers, cartographers, client, subcontractors, agency personnel, and construction contractors. Prepared an oral presentation on environmental issues associated with the project. - Provided permitting activities for a rebuild of a 230 kV transmission line approximately 35 miles in length in Michigan's thumb area. The project involves delineation of wetlands within the 100 - foot right -of -way, threatened and endangered species review, and coordinating cultural resources surveys. Other tasks include fieldwork, agency coordination, permit application preparation, and supervision of subcontractors. Work extensively with engineering staff and company cartographer to develop detailed project maps and pole placements /construction techniques to minimize wetland impacts. Prepared a series of major permit applications for two American Transmission Company 138 kV transmission lines totaling 40 miles in length in northern Michigan. The project involved extensive wetland delineation and a threatened and endangered species survey. Managed all aspects of the project, including the field work, agency coordination, and report preparation; (6/06) - Commonwealth Associates, Inc. - BC 36 ANN M. STEVENS, RLA Environmental Coordinator Ms. Stevens has extensive experience in the planning and management of various land development projects, some of which were contentious and involved the acquisition of local, state, and federal permits. She has exceptional oral and written communication skills and has conducted numerous public presentations. Her background includes working with botanists, geologists, surveyors, attorneys, and engineers to prepare feasibility studies, application documents, and project plans. Professional Background: 2007 - Present 2003 -2007 1993 -2007 1989 -1993 Commonwealth Associates, Inc., Jackson, Michigan Lawrence Technological University, Southfield, Michigan Atwell - Hicks, Ann Arbor, Michigan Linda C. Lemke, Brandon M. Rogers and Associates Representative Project Experience: Senior Land Use Planner responsible for planning and managing commercial, industrial, office, and residential land development projects. Duties included marketing, client contacts, plan development, staff supervision, subconsultant coordination, landscape architecture plan preparation, public presentations, and plan approval and permitting for projects in Michigan, Ohio, and Illinois. Land Use Planner responsible for plan development, site plan, and permit receipt for DTE maintenance facilities and substations in Ann Arbor and South Lyon, Michigan. Specific challenges included floodplain and floodway permitting, use of native and xericscaping design, extensive screening, and restoration requirements. Adjunct Professor at Lawrence Technological University's College of Architecture and Design. Taught site design and landscape architecture components of integrated design studios. Land Use Planner responsible for reviewing site plans and conducting on -site inspections for compliance with woodland and other municipal ordinances. Conducted research and produced land use and zoning studies, developed zoning ordinances, developed and implemented urban design and renewal plans, and made presentations at public hearings and municipal meetings. Education: M.S., Landscape Architecture, University of Michigan B.A., Art, Psychology & Education, Ripon College Additional courses in wetland delineation, mitigation design and permitting, tree appraisal and evaluation, effective negotiation, and professional business writing Registration: Landscape Architect in Michigan and Illinois (9/07) - Commonwealth Associates, Inc. - BC 36 Rick Beauchamp, MBA, SR /WA Fullerton, California 92831 714- 606 -4026 RicBchamp@gmail.com ACADEMIC & PROFESSIONAL CREDENTIALS • Master of Business Administration, University of Redlands; 2003 • Bachelor of Arts, Philosophy and Political Science, California State University, Fullerton; 1998 • Associate of Arts, Paralegal Studies and Legal Administration, San Bernardino Valley College; 1995 • Over 100 college level courses in real estate and law • Senior Member, International Right of Way Association (SR/WA) • California Licensed Real Estate Broker • Member, Community Associations Institute • California Licensed Contractor • Certified Mediator EXPERIENCE Independent Contractor Right -of -Way Consultant & Sr. Real Estate Paralegal, 2002 - Present Working as a Right -of -Way Agent, Real Estate Broker and Paralegal, Rick has bought, managed and disposed of interests in real property since 1986. For the past six years, Rick has provided comprehensive right -of -way and paralegal support services to the city of Santa Ana, California and its agencies relating to the acquisition, management, and disposition of a variety of interests in real property for Public Works, Parks and Recreation and Community Redevelopment projects. Rick works effectively with agency staff, right -of -way consultants, city attorneys and outside counsel in developing and executing project strategies, negotiating and drafting agreements, resolutions of necessity and ordinances, reviewing and interpreting real property, FF &E and goodwill appraisals, title reports and engineering plans, examining property maps and relocation assistance claims and coordinating condemnation proceedings. Rick also has extensive experience researching, analyzing, interpreting and summarizing federal, state and local land use and real property acquisition statutes, case law and regulations, including Cal -Trans acquisition guidelines, the Uniform Act, the California Government Code and Code of Regulations, the Federal Highway Administration and Federal Transportation Administration guidelines, and the Code of Federal Regulations. Kaplan Professional Schools, Irvine, California Real Estate Instructor, 2003 — Present Rick teaches a variety of real estate courses for a leader in real estate education. Some of the classes Rick teaches include Real Estate Principles; Real Estate Practice and the Legal Aspects of Real Estate. Triple Net Properties, LLC, Santa Ana, California Acquisition & Disposition Analyst, 2005 — 2007 Working with a team of real estate professionals, and reporting to the company President, Rick participated in the acquisition, management and disposition of over $2.5 billion worth of interests in real property throughout the United States. Thrifty Oil Co., Santa Fe Springs, California Sr. Real Estate Paralegal, 2000 — 2002 As a senior real estate paralegal, Rick was responsible for utility and pipe -line easement negotiations and for drafting legal and real estate documents and other agreements with property and business owners, attorneys and government officials. Rick also conducted comprehensive due diligence investigations, performed title searches and analyzed property valuation data while coordinating real estate acquisitions, dispositions, escrows and condemnation proceedings for a major California oil and gas refiner, distributor and land owner. Kasdan, Simonds and Epstein, LLP, Irvine, California Sr. Real Estate Paralegal, 1999 — 2000 Rick was responsible for large -case, complex real estate litigation management and attorney support, including large- volume document management and drafting detailed case status reports for submission to attorneys and forensic experts. Rick conducted legal and public records research and performed due diligence and defendant background investigations. Rick also managed destructive testing and forensic investigations with industry experts, property owners and attorneys. Fair Housing Council, Santa Ana, California Real Estate Paralegal, 1998 — 1999 Rick earned his mediation certification while attending law school and working with the Fair Housing Council. His responsibilities included mediating disputes, researching and analyzing laws, ordinances and regulations pertaining to real property transactions and housing discrimination, and conducting public records research and case investigations pertaining to a variety of realty related issues. Under attorney supervision, Rick also drafted complex real estate documents and agreements, legal pleadings and memoranda, and interviewed clients and property owners pertaining to the investigation of real property transactions and housing discrimination complaints. Century 21, Riverside, California Real Estate Sales, 1986 — 1998 Rick bought, managed and disposed of interests in real property throughout Riverside County, California. McDonnell Douglas Corporation, Long Beach, California Project Manager, 1979 — 1986 Reporting to the Vice - President of Operations, Rick served as focal point in the initiation, coordination and execution of special projects. Rick analyzed, monitored and controlled assembly and material flow through designated work centers in order to maintain the Master Production Schedule for a variety of products, including the AI-I-64A Advanced Attack Helicopter (Apache), MD -500 commercial and military configuration helicopters, and the C -17 transport plane. Rick was responsible for oversight of Material Requirements Planning, Production and Inventory Control and Stock Room activities relative to Warranty/Depot Repair activities. Rick also provided interface and coordination between all functional groups and mid /upper management, including engineering, manufacturing, shop floor and inventory control, tooling, quality assurance, purchasing, product support, material requirements planning, capacity planning, sub - assembly, final assembly, machine shop, fabrication, outside venders and parts suppliers, shipping, receiving and transportation. Rick frequently represented the Vice - President of Operations in meetings at the Culver City, California, Mesa, Arizona and Long Beach, California facilities. LIST OF COLLEGE LEVEL COURSEWORK IN LAW AND REAL ESTATE CLASS DESCRIPTION DATE COMPLETED UNITS Real Estate Principles Spring 1986 3 Real Estate Practice Spring 1990 3 Business Law Summer 1993 3 Introduction to Administration of Justice Fall 1993 3 Principles and Procedures of the Justice System Fall 1993 3 Concepts of Criminal Law Fall 1993 3 Family Law Fall 1993 3 Legal Aspects of Evidence Spring 1994 3 Wills, Trusts & Probate Spring 1994 3 Civil Court Procedure Spring 1994 3 Legal Remedies Spring 1994 3 Legal Research Methods Fall 1994 3 Legal Writing & Analysis Spring 1995 3 Pre -law Internship Spring 1996 3 Political Philosophy Spring 1996 3 Business / Professional Ethics Spring 1996 3 Public Law Summer 1996 3 Constitutional Law - Civil Rights & Liberties Spring 1998 3 Pre -law Internship Spring 1998 3 Civil Procedure I Fall 1998 3 Property I Fall 1998 3 Professional Skills I (Legal Research & Writing) Fall 1998 4 Torts I Fall 1998 3 Torts II Spring 1999 3 Civil Procedure II Spring 1999 3 Property II Spring 1999 3 Profession Skills II (Legal Research & Writing) Spring 1999 3 Contracts I Spring 1999 3 Legal Aspects of Real Estate Spring 2001 3 Real Estate Finance Spring 2001 3 Fundamentals of Real Estate Appraisal Spring 2001 3 Business Legal & Ethical Issues Spring 2001 3 Mortgage Loan Brokering Spring 2003 3 Real Estate Economics Spring 2003 3 Real Estate Escrows Spring 2003 3 Real Estate Property Management Spring 2003 3 International Right of Way Association Courses IRWA Course #100 - Principles of Land Acquisition August 2007 Passed IRWA Course # 104 - Standards of the Right of Way Profession September 2007 Passed IRWA Course #200 - Principles of Real Estate Negotiations October 2007 Passed IRWA Course #201 - Communications in Real Estate Acquisitions October 2007 Passed IRWA Course #205 - Bargaining Negotiations September 2007 Passed IRWA Course #400 - Principles of Real Estate Appraisal October 2006 Passed IRWA Course #403 - Easement Valuations September 2007 Passed IRWA Course #700 - Introduction to Property Management October 2007 Passed IRWA Course #701 - Property Management Leasing October 2007 Passed IRWA Course #703 - Real Property / Asset Management October 2007 Passed BILLING CATEGORY CITY OF VERNON COMMONWEALTH ASSOCIATES, INC. CATEGORY LABOR RATE SUMMARY BUSINESS YEAR 2008 TITLE EXEMPT EMPLOYEES LABOR BILLING RATE PER HOUR REGULAR OVERTIME (NOTE 1) 42 ENGINEER X $168 $168 40 ENGINEER IX $143 $143 38 ENGINEER VIII, CONSULTANT VIII, $129 $129 36 ENGINEER VII, ENGINEERING SPECIALIST VII, $109 $109 ENVIRONMENTAL SPECIALIST VII, LAND SERVICES SPECIALIST VII, ADMINISTRATIVE SPECIALIST VII 32 ENGINEER VI, ENGINEERING SPECIALIST VI, $102 $102 ENVIRONMENTAL SPECIALIST VI, LAND SERVICES SPECIALIST VI, ADMINISTRATIVE SPECIALIST VI 30 ENGINEER V, ENGINEERING SPECIALIST V, LAND $93 $93 SERVICES SPECIALIST V, LAND SERVICES SUPERVISOR, PURCHASING AGENT V, ADMINISTRATIVE SPECIALIST V 28 ENGINEER IV, ENGINEERING SPECIALIST IV, LAND $81 $81 SERVICES SPECIALIST IV, ENVIRONMENTAL SPECIALIST IV, TECHNICAL EDITOR IV, PURCHASING AGENT IV, ADMINISTRATIVE SPECIALIST IV 26 CARTOGRAPHER III, ENGINEER III, ENGINEERING $75 $75 SPECIALIST III, ENVIRONMENTAL SPECIALIST III, LAND SERVICES SPECIALIST III, PROGRAMMER III, TECHNICAL EDITOR III, PURCHASING AGENT III, ADMINISTRATIVE SPECIALIST III 25 CARTOGRAPHER II, ENGINEER II, ENGINEERING $70 $70 SPECIALIST II, ENVIRONMENTAL SPECIALIST II, LAND SERVICES SPECIALIST II, PROGRAMMER II, TECHNICAL EDITOR II, PURCHASING AGENT II, ADMINISTRATIVE SPECIALIST II 21 CARTOGRAPHER I, ENGINEER I, ENGINEERING $63 $63 SPECIALIST I, ENVIRONMENTAL SPECIALIST I, LAND SERVICES SPECIALIST I, PROGRAMMER I, TECHNICAL EDITOR I, PURCHASING AGENT I, ADMINISTRATIVE SPECIALIST I NONEXEMPT EMPLOYEES 19 ADMINISTRATIVE ASSISTANT V, DESIGNER V, $64 $78 TECHNICIAN V 17 ADMINISTRATIVE ASSISTANT IV, CADD OPERATOR $59 $70 IV, DESIGNER IV, TECHNICIAN IV 16 ADMINISTRATIVE ASSISTANT III, CADD OPERATOR $51 $60 III, DESIGNER III, TECHNICIAN III 15 ADMINISTRATIVE ASSISTANT II, CADD OPERATOR II, $43 $51 DESIGNER II, TECHNICIAN II 11 ADMINISTRATIVE ASSISTANT , CADD OPERATOR , $32 $39 DESIGNER , TECHNICIAN Notes: 1. Overtime defined as hours worked in excess of 40 hours per work week. 2. Labor billing rates will be adjusted yearly beginning with CAI's 2009 business year based on actual salary escalation experienced at CAI. 9/4/2008 CITY OF VERNON COMMONWEALTH ASSOCIATES, INC. EXPENSE BILLING RATE SUMMARY BUSINESS YEAR 2008 PRODUCTION COPIES (NOTE 1) 8 -1/2" x 11" 11" x 17" Large format drawings $0.10 /sht. $0.16 /sht. $1.00 /sq. ft. OUTSIDE REPRODUCTION - -- At cost EPRI SOFTWARE Such as TLWorkstation & SG Workstation EPRI royalty fee for non EPRI members (if use requested by client) ENGINEERING SOFTWARE (NOTE 2) Such as ASPEN, CAPE, CAPTOR, CDEGS, EMTP, ETAP, TLCADD, T2000, WinIGS $10.00 /hour CAD WORKSTATIONS - -- $15.00 /hour VEHICLE USAGE - -- At prevailing rate TRAVEL, LODGING AND MEALS - -- At cost or specified per diem MAIL DELIVERY SERVICES - -- At cost SUBCONTRACTORS - -- Cost plus 7% PORTABLE RADIOS ___ $ 5.00 /day up to $70.00 /month TOTAL STATION SURVEY EQUIPMENT --- $50.00 /day SUB -METER GPS SYSTEM - -- $50.00 /day OTHER MISC. CLIENT OR PROJECT REQUIRED EXPENSES ___ At cost Notes: 1. No charge for reproduction unless the total number of reproduced sheets is greater than 100. 2. Engineering software surcharges are applied to all labor hours of system analysis projects. M: \prop \rates \Exhibit 6 Expense Rates 2007 (11/17/06) INTEROFFICE Light & Power Department APPROVED OCT 14 '08 FINANCE MEMORANDUM Date: October 1, 2008 To: Eric Fresch, City Administrator From: Donal O'Callaghan, Director of Light and Power Subject: Land Services for SREP Gen -Tie Line River Route Permitting GR- CITY CLERK DISTRIBUTION The Light and Power Department sought the services of a consultant to permit the construction of the 230 kV SREP gen -tie line along the Los Angeles River. Commonwealth Associates Inc. (CAI) submitted a proposal dated September 5, 2008, as amended by letter dated September 15, 2008, to complete the permitting process in two phases. The scope of the first phase is to identify and prepare a permitting plan to fulfill the permitting requirements set forth by the various entities such as: County of Los Angeles Flood Control District, California Department of Transportation, Los Angeles Department of Water and Power, and railroad companies. The attached scope of work addresses the tasks in the first phase: • Preliminary Research cost $ 2,652 • Preliminary Permitting Plan and Review cost $ 4,826 • Pre - Application Meetings cost $47,112 • Final permitting Plan cost $10,526 • Survey activities cost $14,686 • Contingency (10 %) cost $ 7,980 First Phase Tasks Estimate $87,782 The first phase will be completed at a cost not to exceed $87,782. At the conclusion of the first phase, CAI will prepare and submit to the City a permitting plan to fulfill the requirements identified in the first phase and a proposal for the second phase tasks, implementing the permitting plan prepared in the first phase. Attached for your execution is Change Order No. 10 in the amount not to exceed $87,782. The Light and Power Department recommends the proposal be approved. If you have any questions or would like more information regarding this matter, please do not hesitate to contact me. DO:AA:rmt Attachments cc: Abraham Alemu Project Controls Document Control — VPP 12.0135 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 RESOLUTION NO. 9899 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING RESOLUTION NO. 8824 REGARDING COMMONWEALTH ASSOCIATES, INC. WHEREAS, on August 3, 2005, the City Council of the City of Vernon adopted Resolution No. 8824 approving an Agreement for Professional and Technical Services with Commonwealth Associates, Inc. (the "Agreement "); and WHEREAS, the Director of Light & Power has recommended that Resolution No. 8824 be amended to eliminate all references to the Vernon Power Plant as the Agreement was intended to cover a variety of services relating to engineering, plant and system operations, environmental analysis, and /or construction management as may be required; and WHEREAS, the City Council of the City of Vernon desires to amend Resolution No. 8824 to eliminate all references to the Vernon Power Plant in the Resolution. 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 amends Resolution No. 8824 by eliminating all references to the Vernon Power Plant. SECTION 3: Any resolution or parts of a resolution or minute orders in conflict with this Resolution are hereby repealed. 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 SECTION 4: 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 23rd day of March, 2009. ns =1:rg Name ATTE T: MAN ELA GIRON, y clerk Title: Mayor / Tor Pro= -11e 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, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9899, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, March 23, 2009, and thereafter was duly signed by the Mayor or Mayor Pro -Tem of the City of Vernon. (SEAL) 3 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: April 8, 2009 TO: Donal O'Callaghan, Director of Light & Power FRO ,�Nelly Giron, City Clerk RE: Resolution No. 9899 - A Resolution of the City Council of the City of Vernon 'Amending Resolution No. 8824 Regarding Commonwealth Associates, Inc. Transmitted herewith is a copy of Resolution No. 9899, referenced above, which was approved by City Council on March 23, 2009. NG:km c: Purchasing Dept Resolution No. 9899 Agreement No. 05 -096 July 14, 2009 4305 Santa Fe. Avenue, Vernon, California 90058 Telephone (323) 583 -8811. Commonwealth Associates, Inc. P.O. Box 1124 Jackson, MI 49204 -1124 Re: Contract Change Order .No. 11 & Scope of Services Dear Sir or Madam: Transmitted herewith is a copy of the fully executed change order as referenced above and Resolution No. 9993 detailing the Scope of Services, approved by City. Council on June 29, 2009. If you have any questions regarding this matter, please call Mr. Donal O'Callaghan, at (323) 583 -8811 ext. 834. Very truly yours, Nell Gi o City Clerk NG: -dj c: Resolution No. 9993 Agreement Nos. 05 -096 Exclusively Industrial CITY OF VERNON Light & Power Department Contract Change Order No. 11 Supplement No..n /a Page 1 of CONSULTANT: Commonwealth Associates, Inc —'PO 055.0000047), Resolution Date 8 -3 -05 TO: Commonwealth Associates, Inc. (Consultant and /or Vendor) P.O. Box 1124, Jackson, MI 49204 -1124 REQUESTED BY: City of Vernon -You are hereby authorized to make the herein described changes, or do the following described work not included in the original agreement. ADDITIONAL SCOPE OF WORK ANDIOR ADJUSTMENTS IN COMPENSATION AS IDENTIFIED BELOW FOR THE REMAINDER OF THIS FISCAL YEAR (2008 - 2009): Pre- application activities in support of electric transmission design to the proposed 1X1 generating facility. Commonwealth's proposed tasks and estimate cost is the following: • Conceptual Interconnection Studies 20,000 • CEC Application for Certification 20,000 • Generation Interconnection Support 20,000 Total amount of this requested Change Order not to exceed: $ 60,000 Except as specifically modified herein, all terms and conditions of the original Agreement remain in full force and effect, and apply to the additional compensation as if said compensation was originally included in the Agreement Base Amount of, Contract: $ 92,500.00 • Approved Contract Change Order #1 35,000.00 Approved Contract Change Order #2: 55,000.00 Approved Contract Change Order #3; 63,900.00 Approved Contract Change Order #4: 75 000.00 Approved Contract Change Order #5; 42,600:00 Approved Contract Change Order #6; 15 000,00 Approved Contract Change Order #7: 10,000.00 Approved Contract Change Order #8: 40,000.00 Approved Contract Change Order #9, 95,000.00 Approved Contract Change Order #10 87,782.00 Revised contract Amount (including this requested Change Order No.11): $671,782.00 Approved: ATTEST: By: 111111111161. , DONAL O'CALLAGHAN, Director, ower elly lerk Page 2 Date: \ \ C \):3) • Date: 177` #0 We, the undersigned ConsultantNehdor, have given careful consideration to the change proposed and hereby agree. If this Change Order is approved we will continue to provide the necessary support services with additional compensation NOT to exceed the amount written above. Accepted: Commonwealth Associates, Inc. (ConsultantNendor) Date: 7/3/7 By: Title: 3 5 -_2. .7— CC: Abraham Alemu Project Control Document Control — SREP 12,0135 (Resolution No, 8824) • CITY OF VERNON Light &,Power Department Contract Change Order No. 8 Supplement No. n/a Page 1 of 1 . PROJECT: Vernon Power Plant Project P.O. No. 12463 TO: Commonwealth Associates, Inc. (Consultant and /or Vendor) P.O. Box 1124, Jackson, MI 49204 -1124 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 TIME PERIOD JANUARY 2, 2007, THROUGH SEPTEMBER 15, 2007. Consultant shall continue to assist with tasks associated with the final CEC certification and an interconnection agreement for the proposed Vernon Power Plant, with the scope of work and limitations as identified below: • Respond to COV and /or CEC Data Requests • Support with completing Interconnection Studies or additional Interconnection Studies tasks as necessary • Costs are at a not to exceed an average weekly amount of $2,000.00 • Any task that may require special efforts indicating a weekly cost that may exceed $5,000.00 will require prior approval from COV Light & Power staff before proceeding with the work • This Change Order is estimated at a total of 20 weeks Total amount of this requested Change Order not to exceed: $40,000.00 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 Amount of Change Order No. 1 Amount of Change Order No. 2 Amount of Change Order No. 3 Amount of Change Order No. 4 Amount of Change Order No. 5 Amount of Change Order No. 6 Amount of Change Order No. 7 Previously Approved Revised Contract Amount Revised contract Am Approve f(in his reque . $92,500.00 . $35,000.00 . $55,000.00 . $63,900.00 $75,000.00 $42,600.00 $15,000.00 $10,000.00 . $389,000.00 Change Order No.8) $429.000.00 DiNAL •'CALLAGHAN, Director of . ht & Power Date: 2007 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 above. Accepted: Commonwealth Associates, Inc. (ConsultantNendor) Date: . By: ✓ 7 t a—. Title: I/Ice 'y e t- lit h,. , 2007 INTEROFFICE MEMORANDUM Light & Power Department DATE: March 14, 2007 TO: FROM: Gloria J. Orosco, Project Controls Manager RE: Commonwealth Associates, Inc. iii N 6 Kristen Enomoto,ADeputy City Clerk/Assistantto the City Administrator On March 5, 2007, the City Council approve Change Order No. 8 to the Commonwealth Associates' Agreement for Professional and Technical Services in the amount of $40,000.00 Attached hereto is a fully executed duplicate original Change Order No. 8 for the City Clerk's records. A fully executed duplicate original has been submitted to Commonwealth Associates, Inc. their records. If you have any questions with regard to this matter please do not hesitate to contact us. /gjo c: D. O'Callaghan (via e-mail) Light & Power Document Control L & P AP Contract File INTEROFFICE ccg r.gjJ MEMORANDUM 36/41 Light & Power Department Date: February 26, 2007 TO: Eric T. Fresch, Acting City Administrator AP ehgV e FROM: Donal O'Callaghan, Director of Light & Power cc gIC101 RE: Commonwealth Associates, Inc. — P0 12463 — Proposed Change Order No. 8 We have been utilizing the services of Commonwealth Associates, Inc. since August 2005, pursuant to Resolution No. 8824. The City continues to require the technical support of Commonwealth Associates, Inc. relative to the CEC permit application and further tasks /data related to the interconnection studies. It has been determined that the additional services shall include, but not be limited to, the following: Consultant shall continue to assist with tasks associated with the final CEC certification and the interconnection agreement for the proposed Vernon Power Plant, with the scope of work and limitations as identified below: • Respond to COV and/or CEC Data Requests • Support with completing Interconnection Studies or additional Interconnection Studies tasks, as necessary • Costs are at a not to exceed an average weekly amount of $2,000.00 • Any task that may require special efforts indicating a weekly cost that may exceed $5,000.00 will require prior approval from COV Light & Power staff before proceeding with the work • This Change Order is estimated at a total of 20 weeks through September 15, 2007. Attached hereto is proposed Change Order No. 8, in the amount of $40,000.00 for your review. It is hereby recommended that the attached proposed Change Order No. 8 to the original Commonwealth Technical & Professional Services Agreement be approved. If approval is granted this will amend the contract total to $429,000.00. /gjp c: A. Alemu L & P Document Control L & P A/P Contract File CITY OF VERNON Light & Power Department t2-es. `i)(0 4 Contract Change Order No. 5 Supplement No. n/a Page 1 of PROJECT: Vernon Power Plant Project TO: Commonwealth Associates, Inc. (Consultant and /or Vendor) P.O. Box 1124, Jackson, MI 49204 -1124 RECFT ED MAY 3 1 ZOO 3 B : P.O. No. 12463 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 AND IN ACCORDANCE WITH THE PROPOSAL RELATING TO "PRE- APPLICATION ACTIVITIES IN SUPPORT OF ELECTRIC TRANSMISSION DESIGN FOR PROPOSED 3x1 GENERATING FACILITY AT ALCOA SITE," DATED MAY 4, 2006 (COPY ATTACHED): 1) Conceptual Interconnection Studies Cost: $ 8,000.00 2) Updating CEC Application for Certification Cost: $15,000.00 3) Generation Interconnection Support Cost: $12,000.00 4) Conceptual Design and Technical Feasibility of Critical Intersections between the Proposed Transmission line and other Facilities 4a) Additional travel and labor (if necessary) for obtaining measurements Cost: $ 4,600.00 Cost: $ 3,000.00 Total amount of this Requested Change Order not to exceed: $42,600.00 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 $92,500.00 Amount of Change Order No. 1 $35,000.00 Amount of Change Order No. 2 $55,000.00 Amount of Change Order No. 3 $63,900.00 Amount of Change Order No. 4 $75,000.00 Previously Approved Revised Contract Amount $321,400.00 Revised contract Amount (including requested Chang- Order No.5) $364,000.00 Approved.tffat DONAL OTCALLAGHAN, 1 _ tomtit ht & wer Date: \2 c 2006 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 above. Accepted: C. monwealth Associate_ Inc. (Consultant/Vendor) Date: 8C2/ 2006 ,° /� By: � � �;. ���,1 %`== r Title: / /��-5-'7.7Exl`;'— ORIGINAL CommonWealth CO No 5.doc INTEROFFICE MEMORANDUM Light & Power Department DATE: June 20, 2006 TO: Bruce V. Malkenhorst, Jr., Assistant City Attorney /Acting City Clerk FROM: Gloria J. Or a, Special Assistant to the City Administrator RE: Commonwealth Associates, Inc. - Change Order No. 5 Dear Mr. Malkenhorst: Change Order No. 5 to the above referenced contractor's original agreement was approved by the Finance Committee on June 6, 2006 and subsequently by the City Council on June 7, 2006. Attached hereto is a fully executed duplicate original for your records. I have forwarded a fully executed duplicate original to Commonwealth Associates for their records and to the city's Purchasing Office. If you should have any questions please feel free to contact me. /gjo c: A. Baldere (w /o attachment) L & P VPP Contract Files D. Jaunzemis, Purchasing Office CA ICOMMONWEALTH P.O. Box 1124 • Jacksoi Lis C73 w/c- CA - fclorer-As 5f, P 45 r -1— Mr. T. Abraham Alemu, P.E. Resource Manager City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Tel: 323 -583 -8811 Fax: 323- 826 -1425 E -mail: aalemu @ci.vernon.ca.us Tel: (517) 788 -3000 Fax: (517) 788 -3003 E -mail: caiinfo @cai- engr.com May 4, 2006 P -06 -109 RECEIVED MAY 0 9 2006 fr' SUBJECT: PRE- APPLICATION ACTIVITIES IN SUPPORT OF ELECTRIC TRANSMISSION DESIGN, PROPOSED 3X1 GENERATING FACILITY AT ALCOA SITE Dear Mr. Alemu: Per your request, our proposal for providing services to assist with tasks associated with supporting the proposed Vernon Power Plant's CEC permit and interconnection requests follows. We have provided estimates for three of the tasks that we have completed for previous efforts and an estimate for an engineering study of certain route intersection points. Conceptual Interconnection Studies Our estimate for this task is $8,000. This is based on the actual expenses for the work on the 2x1 plant. We spent $20,000. The estimate is substantially below this amount because most of the concepts have been vetted already. However it should be noted that our experience is that new options and questions are continually being generated. Most of this work is already completed, because we have defined routes and selected a new conductor. However, if further study reveals that our current assumptions aren't viable, this will need to be revisited. An example would be an SCE refusal to allow the use of its idle 66 kV circuit. CEC Application for Certification Our estimate for this', task, is $15,000. This is based on the actual expenses for the work on the 2x1 plant. We spent approximately $20,000 on the 2x1 work. The estimate is below this amount because we will be able to use substantial portions of the previous work on the 3x1 and 2x1 proposals. The primary work associated with updating the CEC application is to update section 5 for interconnection to SCE instead of LADWP and revise the EMF studies. engineers • consultants • construction managers T. Abraham Alemu May 4, 2006 Page 2 P -06 -109 Generation Interconnection Support Our estimate for this task is $12,000. This is based on the actual expenses for the work on the 2x1 plant. We spent approximately $12,000 on the 2x1 work. The estimate is the same as the amount we spent on the previous application. If anything we expect this estimate to be low because of the issues associated with submitting an expansion request for 304 MW, the generator queue issues that have been introduced, and the challenges associated with applying the work for the 2x 1 to the revised site and plant. The primary task is to update the technical data in the applications that we filed for the 2x1 VPP configuration. The output will be technical data similar to the forms we created previously. We . are also presuming that some review and input to the SCE study will be required. However, if the SCE study requires major work, we will need to add to our scope. Conceptual Design and Technical Feasibility of Critical Intersections between the Proposed Transmission Line and other Facilities There are five key points where the proposed transmission lines will cross other linear routes. These routes are Los Angeles Department of Water and Power (LADWP) 230 kV lines and one crossing of the Los Angeles (LA) River. Crossing points to be examined for the "River" route are: • The Velasco to Century 230 kV lines just south of Fruitland Avenue, • The LA river at the end of District Boulevard, • The five circuit Haynes to LA area 230 kV lines along the LA River at Randolph Street. Crossings to be examined for the Randolph Street Route are: • The Velasco to Century 230 kV lines between Alcoa and Malburg along the existing 66 kV route, • The five circuit Haynes to LA area 230 kV lines along the LA River at Randolph Street. This is similar to the crossing for the river route but differs because a turning structure is not needed. CAI will verify that these crossings are feasible within appropriate codes and guidelines and provide a conceptual design for the crossing structures. Relevant variations, such as crossing over or under the LADWP circuits, will be examined. To complete this task CAI will require the span length and positions of the LADWP structures adjacent to the crossing points. Also required will be the conductor heights on the existing LADWP lines. Preferably these measurements will include conductor heights at the adjacent towers, at midspan, and near the proposed crossing point. T. Abraham Alemu May 4, 2006 Page 3 P -06 -109 We estimate one week of effort at $4,600 for this task. If Vernon decides it is desirable, CAI can make the necessary measurements. The additional cost will be $1,500 for labor and $1,500 for travel expenses. Rates and Schedule f__-°- 05 i 11, b We estimate $40,000 or these services. Our costs d ridt include out -of- pocket costs for travel that might become necessary. While the budget should sustain one trip to California, if multiple trips become necessary, we will provide you with estimates as discussed below. Our 2006 rate sheet is attached. The schedule is dictated by the nature and urgency of the request, but CAI will respond in a timely manner and make all efforts to insure that the project schedule is not impacted. Per Tony Baldere's e-mail authorization dated 4/12/2006, through 4/28/2006 we have charges of approximately $6,640 on this project. Please call me at 517 -788 -3676 or e -mail me at ssmiller @cai- engr.com if you have any questions. Approved for submittal:. David A. Shafer, P.E. Manager, Electrical Systems Cc• Donal O'Callaghan Tony Baldere Attachment: CAI Category Rates Sincerely Stephen S. Miller, P.E. Section Manager - TRANSMISSION 2000® BILLING CATEGORY CITY OF VERNON COMMONWEALTH ASSOCIATES, INC. CATEGORY LABOR RATE SUMMARY EFFECTIVE DECEMBER 31, 2005 THROUGH DECEMBER 29, 2006 TITLE EXEMPT EMPLOYEES LABOR BILLING RATE PER HOUR UNDER $500,000 OVER $500,000 (NOTE 1) REGULAR OVERTIME REGULAR OVERTIME (NOTE 2) - (NOTE 2) 42 ENGINEER X, SENIOR VICE PRESIDENT, VICE $152 " $152 $149 $149 PRESIDENT 40 ENGINEER IX, REGIONAL MANAGER, DEPARTMENT $142 $142 $139 $139 MANAGER 38 ENGINEER VIII, CONSULTANT VIII, SENIOR PROJECT $123 $123 $121 $121 MANAGER, SENIOR SECTION MANAGER 36 ENGINEER VII, ENGINEERING SPECIALIST VII, $104 $104 $102 $102 ENVIRONMENTAL SPECIALIST VII, LAND SERVICES SPECIALIST VII 32 ENGINEER VI, ENGINEERING SPECIALIST VI, $93 $93 $91 $91 ENVIRONMENTAL SPECIALIST VI 30 ENGINEER V, ENGINEERING SPECIALIST V, LAND $89 $89 $87 $87 SERVICES SPECIALIST V, LAND SERVICES SUPERVISOR 28 ENGINEER IV, ENGINEERING SPECIALIST IV, LAND $80 $80 $78 $78 SERVICES SPECIALIST IV, TECHNICAL EDITOR IV 26 ENGINEER III, ENGINEERING SPECIALIST III, LAND $70 $70 $69 $69 SERVICES SPECIALIST III, TECHNICAL EDITOR III 25 ENGINEER II, ENGINEERING SPECIALIST II, LAND $63 $63 $62 $62 SERVICES SPECIALIST II, TECHNICAL EDITOR 11 21 ENGINEER I, ENGINEERING SPECIALIST I, LAND $61 $61 $60 $60 SERVICES SPECIALIST 1, TECHNICAL EDITOR I NONEXEMPT EMPLOYEES 19 ADMINISTRATIVE ASSISTANT V, DESIGNER V, $73 $86 $72 $84 TECHNICIAN V 17 ADMINISTRATIVE ASSISTANT IV, CADD OPERATOR $56 $67 $55 $66 IV, DESIGNER IV, TECHNICIAN IV 16 ADMINISTRATIVE ASSISTANT 111, CADD OPERATOR 111, $49 $58 $48 $57 DESIGNER III, TECHNICIAN 1I1 15 ADMINISTRATIVE ASSISTANT II, CADD OPERATOR II, $42 $51 $41 $50 DESIGNER II, TECHNICIAN II 11 ADMINISTRATIVE ASSISTANT I, CADD OPERATOR I, $30 $37 $29 $36 DESIGNER 1, TECHNICIAN Notes: 1. Volume discount of approximately 2% applies to labor revenue invoiced to a client in excess of $500,000 during the billing period defined above. The discount only applies to CAI rates as shown above and is not applied to subcontractor costs or other out -of- pocket expenses. 2. Overtime defined as hours worked in excess of 40 hours per work week. M:\protosaisl Rates,Standard 2006 La00r 8 Ling Rates.XLS 3/3/2006 CITY OF VERNON COMMONWEALTH ASSOCIATES, INC. EXPENSE BILLING RATE SUMMARY EFFECTIVE DECEMBER 31, 2005 THROUGH DECEMBER 29, 2006 PRODUCTION COPIES (NOTE 1) 8-1/2" x 11" 11" x 17" Large format drawings $0.10 /sht. $0.16 /sht. $1.00/sq. ft. OUTSIDE REPRODUCTION ___ At cost EPRI SOFTWARE Such as TLWorkstation & SG Workstation EPRI royalty fee for non EPRI members (if use requested by client) ENGINEERING SOFTWARE (NOTE 2) Such as ASPEN, CAPE, CAPTOR, CDEGS, EMTP, ETAP, TLCADD, T2000, WinIGS $10.00 /hour CAD WORKSTATIONS - -- $15.00 /hour VEHICLE USAGE - -- At prevailing rate TRAVEL, LODGING AND MEALS _ -_ At cost or specified per diem MAIL DELIVERY SERVICES - -- At cost SUBCONTRACTORS - -- Cost plus 7% PORTABLE RADIOS ___ $ 5.00 /day up to $70.00 /month TOTAL STATION SURVEY EQUIPMENT °- $50.00 /day SUB -METER GPS SYSTEM -- $50.00 /day OTHER MISC. CLIENT OR PROJECT REQUIRED EXPENSES ___ At cost Notes: 1. No charge for reproduction unless the total number of reproduced sheets is greater than 100. 2. Engineering software surcharges are applied to all labor hours of system analysis projects. M: \prop \rates\Exhibit B Expense Rates 2006 (09/22/05) i Ccd 'INTEROFFICE MEMORANDUM Light & Power Department DATE: May 25, 2006 Opt o fccnppiEN.QEb )00 TO: Bruce V. Malkenhorst Jr., Assistant City Attorney /Acting City Clerk Ft q /0 FROM: Donal O'Callaghan, Director of Light & Power RE: Request for Change Order (CO # 5 - Commonwealth Associates, Inc.) c %11/ °6 On August 3, 2005, the City Council approved Resolution No. 8824, approving an agreement with Commonwealth Associates, Inc. (CAI) to supply engineering (electrical interconnection) services in support of the VPP AFC. In December 2005 the City relocated the proposed VPP Project site and modified the plant configuration from a 3x1, 900 mw plant to a 2x1, 600 mw plant. At this time the Department is seeking further support from CAI associated with a proposed 3x1 generating facility at the Alcoa Site. CAI has submitted a proposal dated May 4, 2006 (copy attached) in the amount of $40,000 which meets the departments needs. Additional tasks may be necessary relative to the task identified as "Conceptual Design & Technical Feasibility of Critical Intersections. .." at an approximate cost of $3,000.00. It is hereby recommended that Change Order No. 5 to the original contract by and between the City of Vernon and Commonwealth Associates, Inc. for this proposed work be approved in an amount not to exceed $42,600.00. Approval of this change order in the amount of $42,600.00 will bring the contract amended total to $364,000.00. • Please feel free to contact me if you would like to discuss this further or if you have any questions. Thank you. /gjo c: A. Baidere L & P Document Control L & P Contract File INTEROFFICE MEMORANDUM Light & Power Department DATE: May 25, 2006 TO: Bruce V. Malkenhorst, Jr., Assistant City Attorney /Acting City Clerk FROM: Donal O'Callaghan, Director of Light & Power RE: Request for Change Order (CO # 5 - Commonwealth Associates, Inc.) On August 3, 2005, the City Council approved Resolution No. 8824, approving an agreement with Commonwealth Associates, Inc. (CAI) to supply engineering (electrical interconnection) services in support of the VPP AFC. In December 2005 the City relocated the proposed VPP Project site and modified the plant configuration from a 3x1, 900 mw plant to a 2x1, 600 mw plant. At this time the Department is seeking further support from CAI associated with a proposed 3x1 generating facility at the Alcoa Site. CAI has submitted a proposal dated May 4, 2006 (copy attached) in the amount of $40,000 which meets the departments needs. Additional tasks may be necessary relative to the task identified as "Conceptual Design & Technical Feasibility of Critical Intersections. ..» at an approximate cost of $3,000.00. It is hereby recommended that Change Order No. 5 to the original contract by and between the City of Vernon and Commonwealth Associates, Inc. for this proposed work be approved in an amount not to exceed $42,600.00. Approval of this change order in the amount of $42,600.00 will bring the contract amended total to $364,000.00. Please feel free to contact me if you would like to discuss this further or if you have any questions. Thank you. /gjo c: A. Baldere L & P Document Control L & P Contract File CITY OF VERNON Light & Power Department Contract Change Order No. 6 Supplement No. n/a Page 1 of 1 . PROJECT: Vernon Power Plant Project P.O. No. 12463 TO: Commonwealth Associates, Inc. (Consultant and /or Vendor) P.O. Box 1124, Jackson, MI 49204 -1124 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 AND IN ACCORDANCE WITH THE ATTACHED PROPOSAL DATED AUGUST 16, 2006, TO INCLUDE FEASIBILITY STUDY FOR USE AND /OR DEVELOPING OF SITE AT 5001 SOTO STREET (FORMERLY KNOWN AS "CHEF'S SOLUTIONS SITE ") 1) Screening Study of the proposed interconnection alternatives relative to two (2) 1x1 501FD3 "Super Peakers" Cost: $ 5,000.00 2) Preparation of the CA ISO Interconnection Request Cost: $ 5,000.00 3) Unanticipated necessary costs /expenses for additional work as required Cost: $ 5,000.00 Total amount of this Requested Change Order not to exceed: $15,000.00 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 $92,500.00 Amount of Change Order No. 1 $35,000.00 Amount of Change Order No. 2 $55,000.00 Amount of Change Order No. 3 $63,900.00 Amount of Change Order No. 4 $75,000.00 Amount of Change Order No. 5 $42,600.00 Previously Approved Revised Contract Amount $364,000.00 Revised contract Amount (including this requested Change Order No.6) $379,000.00 Approve DONAL O'CALLAGHAN, DI "M_. 4"•S ight & Power Date: C © \`'aeJ \OYo 2006 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 above. Accepted ommonw _ Asso to , Inc. onsultant/Vendor) Date: ( L0y 7 . 2006 By: �_ „�,� ��.�II� �� Title:i /CD;u7° cc: Purchasing CommonWealth CO No 6.doc INTEROFFICE MEMORANDUM Light & Power Department DATE: November 1, 2006 TO: Bruce V. Malkenhorst, Jr., Assistant City Attorney /Acting City Clerk FROM: Gloria J. Oros o cial Assistant to the City Administrator RE: Commonwealth Associates, Inc. On October 24, 2006, the Finance Committee recommended to approve Change Order No. 6 to the Commonwealth Associates' Agreement for Professional and Technical Services. Attached hereto is a fully executed duplicate original Change Order No. 6 for your records. A fully executed duplicate original has been submitted to Commonwealth Associates, Inc. their records. If you have any questions with regard to this matter please do not hesitate to contact Donal O'Callaghan or me. Thank you. /gjo c: D. O'Callaghan (via e-mail) Light & Power Document Control L & P AP Contract File Commonwealth Associates Inc. P.O. Box 1124, Jackson, Michigan 49204 -1124 Tel: (517) 788 -3000 Fax: (517) 788 -3003 Email: cai- info @cai- engr.com August 16, 2006 P -06 -161 Mr. Robert Looper Summit Engineering 1015 W. Hays Boise, ID 83702 Tel: 208 -331 -1898 Fax: 208- 343 -1218 E -mail: rlooper @spellc.com SUBJECT: POWER FLOW SCREENING STUDY AND INTERCONNECTION REQUEST FOR A PROPOSED 500 MW PLANT Dear Mr. Looper: Per your request, our proposal for providing services to assist with tasks associated with supporting the proposed 500 MW plant on the Chef's Solution Site follows. The City of Vernon and Caithness are considering proceeding with a filing for (2) ixl 501FD3 "Super Peakers" at the Chefs Solution Site in the Edison RFO process. The Edison RFO schedule requires us to file an Interconnection Request with the CAISO by September 19, 2006. To meet this schedule and preserve your option to submit into the Edison RFO, we propose: • A screening study of proposed interconnection alternatives • Preparing the CAISO Interconnection Request Screening Study of the Proposed Interconnection Our estimate for this task is $5,000. The screening study involves doing a power flow, but does not involve either detailed cost estimates or efforts to find impact mitigation schemes. We will examine looping into the SCE Mesa to Redondo 230 kV circuit or the Mesa to Lighthipe 230 kV circuit. Our approach will be to examine the Mesa to Redondo 230 kV first since this is the western circuit in the SCE right-of-way. Unless this proves unacceptable, we will not examine Mesa to Lighthipe or any other scheme. The report will be similar to the Conceptual Interconnection System Screening Report we prepared for the initial Vernon Power Plant. In addition to identifying the correct circuit to loop into the proposed plant's switchyard, this study should provide a basis for skipping the Large Generator Interconnection Procedure (LGIP) Feasibility Study and moving directly to a System Impact Study (SIS). Mr. Robert Looper August 16, 2006 P -06 -161 Page 2 of 3 We hope to use the power flow case SCE constructed for the 304 MW Expansion SIS for the proposed 3x1 plant. We understand that Vernon has signed the confidentiality agreement and that this case should become available shortly. - However, if it does not, we will use the base WECC 2009 heavy summer case for the study. Our intention is to generate our own wide area list of contingencies and use our software. This will provide a more complete indication of any potential problems. However, if schedule becomes an issue, we may resort to using the shorter list of contingencies in SCE used in the SIS. Preparation of the Interconnection Request Our estimate for this task is $5,000. The output will be technical data similar to the forms (Attachment A to Appendix 1 of the LGIP) we created previously for VPP. We understand that the interconnection technical data sheets exist for another plant similar to the one being proposed. Assuming that these are complete, our estimate for this effort is likely to be overstated. On the other hand, if we are to generate data without any additional input, our estimate is understated. Our estimate does not include the cost of attending meets with ISO or interface efforts beyond simple transmittals and answering minor technical questions. Rates and Schedule We estimate $10,000 for these services. Our costs do not include out -of- pocket costs for travel that might become necessary. Our 2006 rate sheet is attached. This is the same rate sheet we are currently using for Vernon work. The schedule is dictated by the nature and urgency of the request, but CAI will respond in a timely manner and make all efforts to insure that the project schedule is not impacted. However, as we are sure you are aware, there is no guarantee that ISO will accept our analysis and allow you to skip the Feasibility Study. Finally, there is a possibility that the screening study will reveal a problem that renders the proposed interconnection undesirable or infeasible. BILLING CATEGORY CITY OF VERNON COMMONWEALTH ASSOCIATES, INC. CATEGORY LABOR RATE SUMMARY EFFECTIVE DECEMBER 31, 2005 THROUGH DECEMBER 29, 2006 TITLE EXEMPT EMPLOYEES LABOR BILLING RATE PER HOUR UNDER $500,000 r OVER 5500,000 !NOTE 1) REGULAR OVERTIME REGULAR OVERTIME (NOTE 2) (NOTE 2) 42 ENGINEER X, SENIOR VICE PRESIDENT, VICE $152 $152 $149 $149 PRESIDENT 40 ENGINEER IX, REGIONAL MANAGER, DEPARTMENT $142 $142 $139 $139 MANAGER 38 ENGINEER VIII, CONSULTANT VIII, SENIOR PROJECT $123. $123 $121 $121 MANAGER, SENIOR SECTION MANAGER 36 ENGINEER VII, ENGINEERING SPECIALIST VII, $104 $104 $102 $102 ENVIRONMENTAL SPECIALIST VII, LAND SERVICES SPECIALIST VII 32 ENGINEER VI, ENGINEERING SPECIALIST VI, $93 $93 $91 $91 ENVIRONMENTAL SPECIALIST VI 30 ENGINEER V, ENGINEERING SPECIALIST V, LAND $89 $89 $87 $87 SERVICES SPECIALIST V, LAND SERVICES SUPERVISOR 28 ENGINEER IV, ENGINEERING SPECIALIST IV, LAND $80 $80 $78 $78 SERVICES SPECIALIST IV, TECHNICAL EDITOR IV 26 ENGINEER III, ENGINEERING SPECIALIST III, LAND $70 $70 $69 $69 SERVICES SPECIALIST III, TECHNICAL EDITOR III 25 ENGINEER II, ENGINEERING SPECIALIST II, LAND $63 $63 $62 $62 SERVICES SPECIALIST II, TECHNICAL EDITOR II 21 ENGINEER I, ENGINEERING SPECIALIST I, LAND $61 $61 $60 $60 SERVICES SPECIALIST I, TECHNICAL EDITOR 1 NONEXEMPT EMPLOYEES 19 ADMINISTRATIVE ASSISTANT V, DESIGNER V, $73 $86 $72 $84 TECHNICIAN V 17 ADMINISTRATIVE ASSISTANT IV, GADD OPERATOR $56 $67 $55 566 IV, DESIGNER IV, TECHNICIAN IV 16 ADMINISTRATIVE ASSISTANT 111, CADD OPERATOR III, 549 $58 $48 $57 DESIGNER III, TECHNICIAN III 15 ADMINISTRATIVE ASSISTANT II, CADD OPERATOR II, $42 $51 $41 $50 DESIGNER II, TECHNICIAN 11 11 ADMINISTRATIVE ASSISTANT 1, CADD OPERATOR I, $30 $37 $29 $36 DESIGNER I, TECHNICIAN I Notes: 1. Volume discount of approximately 2% applies to tabor revenue invoiced to a client in excess of 5500,000 during the billing period defined above. The discount only applies to CAI rates as shown above and is not applied to subcontractor costs or other out -of- pocket expenses. 2. Overtime defined as hours worked in excess of 40 hours per work week. kk1P,a n61_Ra M1S1f60i102036 Labor E660 Rest.= 31312006 CITY OF VERNON COMMONWEALTH ASSOCIATES, INC.. EXPENSE BILLING RATE SUMMARY EFFECTIVE DECEMBER 31, 2005 THROUGH DECEMBER 29, 2006 PRODUCTION COPIES (NOTE 1) 8-1/2" x 11" 11" x 17" Large format drawings $0.10 /sht. $0.16 /sht. $1.00/sq. ft. OUTSIDE REPRODUCTION - -- At cost EPRI SOFTWARE Such as TLWarkstation & SG Workstation EPRI royalty fee for non EPRI members (if use requested by client) ENGINEERING SOFTWARE (NOTE 2) Such as ASPEN, CAPE, CAPTOR, CDEGS, EMTP, ETAP, TLCADD, T2000, WinIGS $10.00/hour CAD WORKSTATIONS --- $15.00 /hour VEHICLE USAGE - At prevailing rate TRAVEL LODGING AND MEALS —' At cost or specified per diem MAIL DELIVERY SERVICES -- At cost SUBCONTRACTORS - -- Cost plus 7% PORTABLE RADIOS - -- $ 5.00 /day up to $70.00 /month TOTAL STATION SURVEY EQUIPMENT '-- $50.00 /day SUB - METER GPS SYSTEM - -- $50.00 /day OTHER MISC. CLIENT OR PROJECT REQUIRED EXPENSES __ At cost Notes: 1. No charge for reproduction unless the total number of reproduced sheets is greater than 100. 2. Engineering software surcharges are applied to all labor hours of system analysis projects. M:Iprop\ rates \Exhibit B Expense Rates 2006 (09/22/05) INTEROFFICE MEMORANDUM Light & Power Department cc'd 0/25/0 DATE: October 5, 2006 TO: Bruce V. Malkenhorst, Jr., Assistant City Attorney /Acting City Clerk FROM: Donal O'Callaghan, Director of Light & Power SUBJECT: Commonwealth Associates, Inc. — Request for Change Order No. 6 Prrsz.`dcE), f -c, pa )1-0 j This department has been working diligently over the past twelve months with Commonwealth Associates, Inc. on the VPP Project CEC Filing as well as the data adequacy phase of the filing for VPP. They are presently preparing a proposal for future necessary work that goes beyond the data adequacy phase of the VPP Project At the city's direction Commonwealth prepared a proposal, dated August 16, 2006, with regard to a "Power Flow Screening Study and Interconnection Request for a Proposed 500 MW Plant" with an estimated cost of $10,000. It is hereby recommended that the proposal be accepted with an adjustment of $5,000 for unanticipated necessary work. 1) Screening Study of the proposed interconnection alternatives relative to two (2) 1 x1501 FD3 "Super Peakers" Cost: $ 5,000.00 2) Preparation of the CA ISO Interconnection Request Cost: $ 5,000.00 3) Unanticipated necessary costs /expenses for additional work as required: Cost: $ 5,000.00 Total amount of this Requested Change Order not to exceed: $15,000.00 It is hereby recommended that this proposal be accepted and Change Order No. 6 to the original Commonwealth Technical & Professional Services Agreement dated August 11, 2005, be approved in an amount not to exceed $15,000.00. If approval is granted this will amend the contract total to an amount not to exceed $379,000.00. If you have any questions or would like more information regarding this matter please do not hesitate to contact me. /gjo c: A. Baldere L & P Document Control L & P A/P File 1 CITY OF VERNON Light & Power Department Contract Change Order No. 7 Supplement No. n/a Page 1 of 1 . PROJECT: Vernon Power Plant Project P.O. No. 12463 TO: Commonwealth Associates, Inc. (Consultant and /or Vendor) P.O. Box 1124, Jackson, MI 49204 -1124 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 supporting the proposed Vernon Power Plant's CEC permit and interconnection requests which would include, but not be limited to, the following: • Respond to CEC Data Requests • Support for completion of Interconnection Studies • Testimony in support of the CEC application Total amount of this requested Change Order not to exceed: $10,000.00 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 Amount of Change Order No. 1 Amount of Change Order No. 2 Amount of Change Order No. 3 Amount of Change Order No. 4 Amount of Change Order No. 5 Amount of Change Order No. 6 Previously Approved Revised Contract Amount Revised contract Amount includ ng requested Approves �� �.m .....w. Date: -S7:2-- �Fo. 2006 DONAL O'CALLAGHAN, Director of Light t Power $92,500.00 $35,000.00 $55,000.00 $63,900.00 $75,000.00 $42,600.00 $15,000.00 $379,000.00 $389,000.00 hange Order No.7) We the undersigned Consultant/Vendor, have given careful consideration to the change proposed and herebjragree. 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 above. Acce d: Commonwealth A ociates Inc. (ConsultantNendor) Date: ��A¢ 2006 By: (vu-z ,F, / Title: AfkillG;{/L 11 Tiz1 c.4- -L_ S079I5' cc: Purchasing INTEROFFICE MEMORANDUM Light & Power Department DATE: January 8, 2007 TO: Bruce V. Malkenhorst, Jr., Acting City Clerk/ Asst. City Attorney FROM: Gloria J. Orosco ,roject Controls Manager RE: Commonwealth Associates, Inc. On November 21, 2006, the Finance Committee recommended to approve Change Order No. 7 to the Commonwealth Associates' Agreement for Professional and Technical Services in the amount of $10,000.00 Attached hereto is a fully executed duplicate original Change Order No. 7 for the City Clerk's records. A fully executed duplicate original has been submitted to Commonwealth Associates, Inc. their records. If you have any questions with regard to this matter please do not hesitate to contact Donal O'Callaghan or me. Thank you. / gj o c: D. O'Callaghan (via e -mail) Light & Power Document Control L & P AP Contract File • CITY OF VERNON Light &,Power Department Contract Change Order No. 8 Supplement No. n/a Page 1 of 1 . PROJECT: Vernon Power Plant Project P.O. No. 12463 TO: Commonwealth Associates, Inc. (Consultant and /or Vendor) P.O. Box 1124, Jackson, MI 49204 -1124 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 TIME PERIOD JANUARY 2, 2007, THROUGH SEPTEMBER 15, 2007. Consultant shall continue to assist with tasks associated with the final CEC certification and an interconnection agreement for the proposed Vernon Power Plant, with the scope of work and limitations as identified below: • Respond to COV and /or CEC Data Requests • Support with completing Interconnection Studies or additional Interconnection Studies tasks as necessary • Costs are at a not to exceed an average weekly amount of $2,000.00 • Any task that may require special efforts indicating a weekly cost that may exceed $5,000.00 will require prior approval from COV Light & Power staff before proceeding with the work • This Change Order is estimated at a total of 20 weeks Total amount of this requested Change Order not to exceed: $40,000.00 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 Amount of Change Order No. 1 Amount of Change Order No. 2 Amount of Change Order No. 3 Amount of Change Order No. 4 Amount of Change Order No. 5 Amount of Change Order No. 6 Amount of Change Order No. 7 Previously Approved Revised Contract Amount Revised contract Am Approve f(in his reque . $92,500.00 . $35,000.00 . $55,000.00 . $63,900.00 $75,000.00 $42,600.00 $15,000.00 $10,000.00 . $389,000.00 Change Order No.8) $429.000.00 DiNAL •'CALLAGHAN, Director of . ht & Power Date: 2007 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 above. Accepted: Commonwealth Associates, Inc. (ConsultantNendor) Date: . By: ✓ 7 t a—. Title: I/Ice 'y e t- lit h,. , 2007 INTEROFFICE MEMORANDUM Light & Power Department DATE: March 14, 2007 TO: FROM: Gloria J. Orosco, Project Controls Manager RE: Commonwealth Associates, Inc. iii N 6 Kristen Enomoto,ADeputy City Clerk/Assistantto the City Administrator On March 5, 2007, the City Council approve Change Order No. 8 to the Commonwealth Associates' Agreement for Professional and Technical Services in the amount of $40,000.00 Attached hereto is a fully executed duplicate original Change Order No. 8 for the City Clerk's records. A fully executed duplicate original has been submitted to Commonwealth Associates, Inc. their records. If you have any questions with regard to this matter please do not hesitate to contact us. /gjo c: D. O'Callaghan (via e-mail) Light & Power Document Control L & P AP Contract File INTEROFFICE ccg r.gjJ MEMORANDUM 36/41 Light & Power Department Date: February 26, 2007 TO: Eric T. Fresch, Acting City Administrator AP ehgV e FROM: Donal O'Callaghan, Director of Light & Power cc gIC101 RE: Commonwealth Associates, Inc. — P0 12463 — Proposed Change Order No. 8 We have been utilizing the services of Commonwealth Associates, Inc. since August 2005, pursuant to Resolution No. 8824. The City continues to require the technical support of Commonwealth Associates, Inc. relative to the CEC permit application and further tasks /data related to the interconnection studies. It has been determined that the additional services shall include, but not be limited to, the following: Consultant shall continue to assist with tasks associated with the final CEC certification and the interconnection agreement for the proposed Vernon Power Plant, with the scope of work and limitations as identified below: • Respond to COV and/or CEC Data Requests • Support with completing Interconnection Studies or additional Interconnection Studies tasks, as necessary • Costs are at a not to exceed an average weekly amount of $2,000.00 • Any task that may require special efforts indicating a weekly cost that may exceed $5,000.00 will require prior approval from COV Light & Power staff before proceeding with the work • This Change Order is estimated at a total of 20 weeks through September 15, 2007. Attached hereto is proposed Change Order No. 8, in the amount of $40,000.00 for your review. It is hereby recommended that the attached proposed Change Order No. 8 to the original Commonwealth Technical & Professional Services Agreement be approved. If approval is granted this will amend the contract total to $429,000.00. /gjp c: A. Alemu L & P Document Control L & P A/P Contract File