Resolution No. 2010-040RESOLUTION NO. 2010-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NUMBER ONE TO THE SERVICES AGREEMENT
WITH CH2M HILL, INC. FOR SITING AND PERMITTING
SUPPORT AND PREPARATION OF AN AVIAN STUDY
PROTOCOL
WHEREAS, the City of Vernon ("City") is a chartered
municipal corporation of the State of California that owns and
operates a system for the generation, purchase, transmission,
distribution and sale of electric capacity and energy; and
WHEREAS, the City owns or has rights to property in the
Tehachapi Wind Resource Area of Tehachapi, California in Kern County
with the potential for development of a large amount of renewable
energy resources; and
WHEREAS, on December 21, 2009, the City Council of the City
of Vernon adopted Resolution No. 10,124 approving and authorizing the
execution of a services agreement (the "Agreement") with CH2M Hill,
Inc ("CH2M Hill") for siting and permitting support and preparation
of an avian.study-protocol for the period of January through February,
2010; and
WHEREAS, the Director of Light & Power has recommended that
the Agreement be extended through December 31, 2010, with the same
scope of services and at no additional cost, to allow CH2M Hill to
continue to provide on -going services to the City; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsections (b)(1) and
(b)(7) of Section 2.27 of the Vernon City Code, it is in the public
interest and necessity to enter into an amended agreement with CH2M
Hill to provide the specialized services required by the Light & Power
Department.
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 does
hereby find and determine that the recitals contained hereinabove are
true and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Amendment Number One to the Agreement with CH2M Hill (the
"Amendment"), a copy of which is attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute the Amendment for,
and on behalf of, the City of Vernon and the City Clerk, or Deputy
City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to take whatever
action is deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send the
fully executed Amendment to:
CH2M Hill, Inc.
Attn.: Mark L. Bricker, Vice President
610 Anacapa Street
Santa Barbara, CA 93101
2
SECTION 6: The City Clerk of the City of Vernon shall.
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 22nd day of March, 2010.
Name Hilario Gonzales
Title: Mayor /�•r^r prn mi )
ATTES
Willard G. amag c i, i y Clerk
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2010-40, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Monday, March 22, 2010, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of March, 2010, at Vernon, California.
Wi lard G. nm#v
i, City Clerk
(SEAL)
a
EXHIBIT A
AMENDMENT NO. 1 TO SERVICES AGREEMENT
BETWEEN THE CITY OF VERNON AND C112M HILL, INC. FOR
SITING AND PERMITTING SUPPORT AND IMPLEMENTATION OF AN
AVIAN STUDY
This Amendment No. 1 to that certain Services Agreement, originally dated January 4,
2009, is made as of Fc.6t4ttAA+ t d, 20 JO("Effective Date"), by and between the City of
Vernon, a California charter city and municipal corporation ("City") and CH2M Hill, Inc., a
Florida corporation ("Contractor"), which may be referred to individually as "Party" and
collectively as "Parties."
WHEREAS, the City and Contractor are parties to a Services Agreement, dated January
4, 2009, under which Contractor provides the City with certain environmental consulting
services ("Agreement"); and
WHEREAS, the Parties acknowledge that there was a clerical error in the Agreement and
that the Effective Date of the Agreement was in fact January 4, 2010 instead of January 4, 2009;
and
WHEREAS, Section 17 of the Agreement permits the Agreement to be modified by
written amendment signed by both parties; and
WHEREAS, the City and Contractor desire to enter into this Amendment No. 1 in order
to extend the term of the Agreement through December 31, 2010.
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and
valuable consideration, the adequacy of which is hereby acknowledged, the parties hereby agree
as follows:
1. The "Termination Date" as defined on the Cover Page of the Agreement is hereby
amended as follows:
"Termination Date: December 31, 2010"
2. Except as expressly modified by this Amendment No. 1, all provisions of the
Agreement shall remain in full force and effect.
3. This Amendment No. 1 is executed in duplicate originals, each of which is
deemed to be an original for all purposes.
4. The provisions of this Amendment No. 1 shall constitute the entire agreement of
the parties with respect to the subject matter included herein and shall supercede any other
agreement, understanding, or arrangement, whether written or oral, between the parties with
respect to the subject matter of this Amendment No. 1.
12720-0007\1211657v1.doc
1
5. The person orpersons executing this Amendment No. 1 on behalf of each of the
parties warrants and represents that he or she has the authority to execute this Amendment No. 1
on behalf of that party and has the authority to bind that party to the performance of its
obligations hereunder.
IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the
Effective Date stated in the introductory clause.
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Mayor or Mayor Pro-Tem
ATTEST:
City Clerk
Willard Yamaguchi
APPROVED AS TO FORM:
LAURENCE S. WIENER, City Attorney
12720-000711211657vl.doc
2
CH2M Hill, Inc.
610 Anacapa Street
Santa Barbara, California 93101
C)� /,X-
By: Name: /'� /�
wK I,
Title: V/Cf'
S� SAS
By:
Name:
Title:
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
March 23, 2010
CH2M Hill, Inc.
Attn: Mark L. Bricker
Vice President
610 Anacapa Street
Santa Barbara, CA 93101
Re: Services Agreement — Amendment Number One
Dear Mr. Bricker:
Transmitted herewith is a copy of the fully executed Amendment Number One as referenced
above, approved by City Council on March 22, 2010, through Resolution No. 2010-40.
If you have any questions regarding this matter, please call Mr. Donal O'Callaghan, at (323)
583-8811 ext. 834.
Ver 'truly yours,
WILLARD G. Y AG HI
City Clerk
WY:dj
c: Donal O'Callaghan
Purchasing Department
Resolution Nos. 2010-40, 10,124
Agreement No. 10-021
Exclusively Industrial
AMENDMENT NO. I TO SERVICES AGREEMENT
BETWEEN THE CITY OF VERNON AND CH2M HILL, INC. FOR
SITING AND PERMITTING SUPPORT AND IMPLEMENTATION OF AN
AVIAN STUDY
This Amendment No. 1 to that certain Services Agreement, originally dated January 4,
2009, is made as of FabnttAA!, dL 20 J 0 ("Effective Date"), by and between the City of
Vernon, a California charter city and municipal corporation ("City") and CH2M Hill, Inc., a
Florida corporation("Contractor"), which may be referred to individually as "Party" and
collectively as "Parties."
WHEREAS, the City and Contractor are parties to a Services Agreement, dated January
4, 2009, under which Contractor provides the City with certain environmental consulting
services ("Agreement"); and
WHEREAS, the Parties acknowledge that there was a clerical error in the Agreement and
that the Effective Date of the Agreement was in fact January 4, 2010 instead of January 4, 2009;
and
WHEREAS, Section 17 of the Agreement permits the Agreement to be modified by
written amendment signed by both parties; and
WHEREAS, the City and Contractor desire to enter into this Amendment No. 1 in order
to extend the term of the Agreement through December 31, 2010.
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and
valuable consideration, the adequacy of which is hereby acknowledged, the parties hereby agree
as follows:
l . The "Termination Date" as defined on the Cover Page of the Agreement is hereby
amended as follows:
"Termination Date: December 31, 2010"
2. Except as expressly modified by this Amendment No. 1, all provisions of the
Agreement shall remain in full force and effect.
3. This Amendment No. 1 is executed in duplicate originals, each of which is
deemed to be an original for all purposes.
4. The provisions of this Amendment No. 1 shall constitute the entire agreement of
the parties with respect to the subject matter included herein and shall supercede any other
agreement, understanding, or arrangement, whether written or oral, between the parties with
respect to the subject matter of this Amendment No. 1.
12720-0007\1211657v1.doc
5. The person or persons executing this Amendment No. 1 on behalf of each of the
parties warrants and represents that he or she has the authority to execute this Amendment No. 1
on behalf of that party and has the authority to bind that party to the performance of its
obligations hereunder.
IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the
Effective Date stated in the introductory clause.
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
By: Z-,
Mayor or Mayo Prr o Tem
APPR VED TO FO
LAURENCE S. WIENE City Attorney
12720-0007\1211657v1.doc
2
CH2M Hill, Inc.
610 Anacapa Street
Santa Barbara, California 93101
By: X-4'7k
Y
Name:
Title:
� SAS
By:
Name:
Title:
MAR I
STAFF REPORTCLER�f'�
LIGHT & POWER
DATE: March 8, 2010
TO: Honorable Mayor and City Council
FROM: Donal O'Callaghan, Director of Light & Power
RE: Amendment No 1 to Service Agreement for Professional and Technical
Services between the City of Vernon and CH2M HILL, Inc., extending the
term of the Agreement through December 31, 2010
The Department of Light & Power has engaged CH2M HILL, Inc. ("CH2M HILL") to
provide continued siting and agency coordination/permitting, land transaction and
project management support for the City of Vernon's Renewable Energy Program for
the remaining 18,000 acres in the Kelso Valley, Kern County. The City Council
previously approved a Services Agreement with CH2M HILL ("Agreement") by adopting
Resolution No. 10,124 at the City Council meeting dated December 21, 2009. The
Agreement was executed on January 4, 2010.
The Agreement was intended to cover services provided to the City during January and
February 2010, with a total cost not -to -exceed $125,000. The Department of Light &
Power would like to extend the Agreement through December 31, 2010 to allow CH2M
HILL to continue to provide on -going services to the City. Neither the scope of services
nor the cost will be amended:
The Department of Light & Power expects CH2M HILL to provide the following services
in accordance with the Agreement:
1. Siting and permitting support for the City's wind energy project in the Tehachapi
wind resource area;
2. Coordinate with regulatory agencies, prepare for and attend meetings with those
agencies, and address permitting information requests from those regulatory
agencies regarding the wind energy project and
3. Supply Project Management and transactional support as required for the
remaining 18,000 acres in the Tehachapi Wind Resource Area, following the Red
Rock Wind Project sale.
_T_
dam �
MAR 0_8 2010
By:
INTEROFFICE MEMORANDUM
Light & Power Department
DATE: March 8, 2010
TO: Donal O'Callaghan
Director of Light and Power
FROM: Javier Valdez
Senior Business & Accounts
SUBJECT: Amendment No. 1 to Service Agreement for Professional and Technical
Services, to extend the term of the Agreement through December 31,
2010
The Department of Light & Power has engaged CH2M HILL, Inc. ("CH2M HILL") to
provide continued siting and agency coordination/permitting, land transaction and
project management support for the City of Vernon's Renewable Energy Program for
the remaining 18,000 acres in the Kelso Valley, Kern County. The City Council
previously approved a Services Agreement with CH2M HILL ("Agreement") by adopting
Resolution No 10,124 at the City Council meeting dated December 21, 2009. The
Agreement was executed on January 4, 2010.
The Agreement was intended to cover services provided to the City during January and
February 2010, with a total cost not -to -exceed $1.25,000. The Department of Light
Power would like to extend the Agreement through December 31, 2010 to allow CH2M
HILL to continue to provide on -going services to the City. Neither the scope of services
nor the cost will be amended.
Recommendation:
We recommend that the City Council approve the attached Amendment No. 1 to the
Services Agreement with CH2M HILL, Inc. at the next Council meeting which is
Monday, March 15, 2010:
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Javier Valdez, Department of Light & Power
FROM: Diana H. Varat, Assistant City Attorney
CC: Laurence S. Wiener, City Attorney
Gena M. Stinnett, Assistant City Attorney
DATE: March 8, 2010
SUBJECT: Amendment No. 1 to Agreement with C112M Hill, Inc. - Approved as to Form
The City Attorney's Office has reviewed Amendment No. 1 to the Agreement with CH2M Hill,
Inc., extending a prior agreement for environmental consulting services, and has approved the
Amendment No. 1 as to form.
12720-0007\1212905vl.doc
AMENDMENT NO. I TO SERVICES AGREEMENT
BETWEEN THE CITY OF VERNON AND C112M HILL, INC. FOR
SITING AND PERMITTING SUPPORT AND IMPLEMENTATION OF AN
AVIAN STUDY
This Amendment No. 1 to that certain Services Agreement, originally dated January 4,
2009, is made as of 66b e a?, 20 /0 ("Effective Date"), by and between the City of
Vernon, a California charter city and municipal corporation ("City") and CH2M Hill, Inc., a
Florida corporation ("Contractor"), which may be referred to individually as "Party" and
collectively as "Parties."
WHEREAS, the City and Contractor are parties to a Services Agreement, dated January
4, 2009, under which Contractor provides the City with certain environmental consulting
services ("Agreement"); and
WHEREAS, the Parties acknowledge that there was a clerical error in the Agreement and
that the Effective Date of the Agreement was in fact January 4, 2010 instead of January 4, 2009;
and
WHEREAS, Section 17 of the Agreement permits the Agreement to be modified by
written amendment signed by both parties; and
WHEREAS, the City and Contractor desire to enter into this Amendment No. 1 in order
to extend the term of the Agreement through December 31, 2010.
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and
valuable consideration, the adequacy of which is hereby acknowledged, the parties hereby agree
as follows:
1. The "Termination Date" as defined on the Cover Page of the Agreement is hereby
amended as follows:
"Termination Date: December 31, 2010"
2. Except as expressly modified by this Amendment No. 1, all provisions of the
Agreement shall remain in full force and effect.
3. This Amendment No. 1 is executed in duplicate originals, each of which is
deemed to be an original for all purposes.
4. The provisions of this Amendment No. 1 shall constitute the entire agreement of
the parties with respect to the subject matter included herein and shall supercede any other
agreement, understanding, or arrangement, whether written br oral, between the parties with
respect to the subject matter of this Amendment No. 1.
12720-0007\1211657v1.doc
5. The person or persons executing this Amendment No. 1 on behalf of each of the
parties warrants and represents that he or she has the authority to execute this Amendment No. 1
on behalf of that party and has the authority to bind that party to the performance of its
obligations hereunder.
IN WITNESS WHEREOF, the parties have signed this Amendment No. I as of the
Effective Date stated in the introductory clause.
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
LM
Mayor or Mayor Pro-Tem
ATTEST:
City Clerk
APPROVED AS TO FORM:
LAURENCE S. WIENER, City Attorney
12720-0007\1211657v1.doc
2
CH2M Hill, Inc.
610 Anacapa Street
Santa Barbara, California 93101
By: L--1 0�'
Name: 4 • 62 / L kee—
Title: VI ce- 104 tas idenif c(ics D ;a
sass
By:
Name:
Title:
AMENDMENT NO. 1 TO SERVICES AGREEMENT
BETWEEN THE CITY OF VERNON AND CH2M HILL, INC. FOR
SITING AND PERMITTING SUPPORT AND IMPLEMENTATION OF AN
AVIAN STUDY
This Amendment No. 1 to that certain Services Agreement, originally dated January 4,
2009, is made as of F�6,gkAAj.2F, 2010(" Effective Date"), by and between the City of
Vernon, a California charter city and municipal corporation ("City") and CH2M Hill, Inc., a
Florida corporation ("Contractor"), which may be referred to individually as "Party" and
collectively as "Parties."
WHEREAS, the City and Contractor are parties to a Services Agreement, dated January
4, 2009, under which Contractor provides the City with certain environmental consulting
services ("Agreement"); and
WHEREAS, the Parties acknowledge that there was a clerical error in the Agreement and
that the Effective Date of the Agreement was in fact January 4, 2010 instead of January 4, 2009;
and
WHEREAS, Section 17 of the Agreement permits the Agreement to be modified by
written amendment signed by both parties; and
WHEREAS, the City and Contractor desire to enter into this Amendment No. 1 in order
to extend the term of the Agreement through December 31, 2010.
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and
valuable consideration, the adequacy of which is hereby acknowledged, the parties hereby agree
as follows:
l . The "Termination Date" as defined on the Cover Page of the Agreement is hereby
amended as follows:
"Termination Date: December 31, 2010"
2. Except as expressly modified by this Amendment No. 1, all provisions of the
Agreement shall remain in full force and effect.
3. This Amendment No. 1 is executed in duplicate originals, each of which is
deemed to be an original for all purposes.
4. The provisions of this Amendment No. 1 shall constitute the entire agreement of
the parties with respect to the subject matter included herein and shall supercede any other
agreement, understanding, or arrangement, whether written or oral, between the parties with
respect to the subject matter of this Amendment No. 1.
12720-0007\1211657vl.doc
5. The person or persons executing this Amendment No. 1 on behalf of each of the
parties warrants and represents that he or she has the authority to execute this Amendment No. 1
on behalf of that party and has the authority to bind that party to the performance of its
obligations hereunder.
IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the
Effective Date stated in the introductory clause.
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
0.0
Mayor. or Mayor Pro-Tem
ATTEST:
City Clerk
APPROVED AS TO FORM:
LAURENCE S. WIENER, City Attorney
12720-0007\1211657v1.doc
2
CH2M Hill, Inc.
610 Anacapa Street
Santa Barbara, California 93101
?LX
By:
Name: D�rlc�I�
Title: V / �e- P
5. S�Ca
By:
Name:
Title:
MR. DONAL O'CALLAGHAN
MARCH1,2010
Services Agreement Termination Date Extension
THIS AGREEMENT was "originally" made and entered into as of January 4, 2009 ("Effective
Date"), by and between the City of Vernon, a California charter City and California municipal
corporation ("City"), and CH2M HILL, Inc., a Florida corporation ("Contractor"). City and
Contractor are collectively referred to herein as the "Parties".
The Cover Page of said agreement is hereby modified effective February 28, 2010 as follows:
Revised Termination Date: December 31, 2010 unless agreed to in writing by the parties
All other Terms and Conditions remain unchanged.
City of Vernon, a California charter City
And California municipal corporation
an
Mayor/ Mayor Pro-Tem
ATTEST:
MANUELA GIRON, City Clerk
APPROV111) AS TO FORM:
'LAUFEN(-`E;'�VVlliNFR, City iiorney:
C> ?2M DILL, Inc., a Florida corporation
By.
?4"/, �. ?�A
Name: Mark L. Bricker
Title. Vice President, Industrial Systems
MR. DONALO'CALLAGHAN.
MARCH1,2010
Services Agreement Termination Date Extension
THIS AGREEMENT was "originally" made and entered into as of January 4, 2009 ("Effective
Date"), by and between the City of Vernon, a California charter City and California municipal
corporation ("City"), and CH2M HILL, Inc., a Florida corporation ("Contractor"). City and
Contractor are collectively referred to herein as the "Parties".
The Cover Page of said agreement is hereby modified effective February 28, 2010 as follows:
Revised Termination Date December 31, 2010 unless agreed to in writing by the parties
All other Terms and Conditions remain unchanged.
City of Vernon, a California charter City
And California municipal corporation
By:
Mayor/ Mayor Pro -Tern
ATTEST:
MANUELA GIRON, City Clerk
APPROVED AS TO FORM:
LA.URENCE S. WIENER, City Attorney
CH2M HILL, Inc., a Florida corporation
By: oC
Name: Mark L. Bricker
Title: Vice President, Industrial Systems