Resolution No. 2011-047RESOLUTION NO. 2011-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
SERVICES AGREEMENT WITH HARNESS ENERGY, LLC FOR THE
INSTALLATION OF EIGHT METEOROLOGICAL TOWERS
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 desires to obtain the services of a
qualified contractor to install eight meteorological towers in
connection with the Kern County wind energy project in the Tehachapi
area (the "Services)"; and
WHEREAS, the Director,of Light & Power has determined that
Harness Energy, LLC ("Harness") is qualified and capable of providing
the Services; and
WHEREAS, by memo dated March 24, 2011, the Director of Light
& Power recommends the City enter into a services agreement with
Harness setting forth the terms and conditions under which Harness will
perform the Work (the "Agreement").
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 agreement with harness 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 Agreement with Harness Energy, LLC, in substantially the
same form 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 Agreement 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 a fully
executed Agreement to Harness.
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 5th day of April, 2011.
Name: Hilario Gonzales
Title: Mayor -
-3_
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. 2011-47, 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 Tuesday, April 5, 2011, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of April, 2011, at Vernon, California.
(SEAL)
rt
4
EXHIBIT A
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND HARNESS ENERGY,
LLC, FOR THE INSTALLATION OF EIGHT (8) METEOROLOGICAL TOWERS
Contractor: ,
Responsible Principal of Contractor:
Notice Information - Contractor:
Notice Information - City:
Commencement Date:
Termination Date:
Consideration:
COVER PAGE
Harness Energy, LLC
Matt Anderson
Harness Energy, LLC
807 Spruce Street
Boulder, CO 80302
Attention: Matt Anderson
Phone: (970) 376-5468
Facsimile:
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Carlos Fandino Jr.,
Director of Light & Power
Telephone: (323) 583-8811 ext. 573
Facsimile: (323) 826-1408
March 1, 2011
As described in Section 1
As described in Exhibit B
Retention Period: 3 Years
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND HARDNESS ENERGY,
LLC FOR THE INSTALLATION OF EIGHT (8) METEOROLOGICAL TOWERS
THIS AGREEMENT is made and entered into as of , 2011
("Effective Date"), by and between the City of Vernon, a California charter City and California
municipal corporation ("City"), and Harness Energy, LLC ("Contractor'). City and Contractor are
collectively referred to herein as the "Parties."
RECITALS
A. City desires to have certain labor negotiation services provided as more fully set
forth in the Scope of Services, attached hereto and incorporated herein as Exhibit A.
B. Contractor represents it is qualified and capable of furnishing the labor, materials,
and expertise necessary to perform such services in accordance with the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Term and Time of Performance.
(a) This Agreement shall commence upon the Commencement Date listed
on the Cover Page and will continue in effect until termination by either party as set forth below.
Any services performed prior to the Effective Date listed above, but on or after the
Commencement Date, shall for all purposes be deemed to have been performed pursuant to
this Agreement, subject to the terms and conditions hereof.
(b) In the event that City renews this Agreement, Contractor may submit a
proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent
to renew. Any increase in rates must be approved by City before such increase can take effect.
If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may
terminate the renewal by giving thirty (30) days written notice.
Section 2. Performance.
(a) Contractor shall perform the services and tasks described and set forth in
the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed
upon in writing signed by both Parties prior to performance of those additional services.
(b) Contractor shall at all times faithfully, competently and to the best of its
ability, experience, and talent, perform all Services under this Agreement in accordance with the
standard of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality as the City under similar circumstances and in a manner reasonably
satisfactory to City. Contractor shall at all times comply with the highest ethical standards when
performing Services for the City.
(c) Contractor shall keep itself informed of all local, state, and federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its Services pursuant to this Agreement. Contractor shall at all times
observe and comply with all such ordinances, laws and regulations. City, and its City Council
2
members, officers, officials, employees, agents or volunteers shall not be liable at law or in
equity occasioned by failure of Contractor to comply with this section.
(d) Contractor will not be compensated for any work performed not specified
in Exhibit A unless City authorizes such work in advance and in writing.
Section 3. Compensation.
(a) City agrees to compensate Contractor, and Contractor agrees to accept
in full satisfaction for the Services required by this Agreement, the hourly rate and expense
reimbursement set forth in Exhibit B ("Hourly Rate and Expenses"). The Hourly Rate and
Expenses shall constitute reimbursement of Contractor's fee for the Services as well as the
actual cost of any equipment, materials, and supplies necessary to provide the Services
(including without limitation, all labor, materials, delivery, tax, assembly, and installation, as
applicable).
(b) Contractor shall be entitled to reimbursement only for those expenses
expressly set forth in Exhibit B. Any expenses incurred by Contractor that are not expressly
authorized by this Agreement will not be reimbursed by City.
Section 4. Method of Payment.
(a) Invoices. Contractor shall submit invoices monthly for Services and
expenses. Invoices shall include the month for which the Services were provided, the dates of
such services, and a description of the Services provided for that billing period. Each invoice
shall include copies of timesheets, if any, and other supporting documents as City may require.
(b) Payments by City. Payments of each invoice shall be made by City within
thirty (30) days followingreceipt of each invoice as to all non -disputed fees. If City disputes any
of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of
the disputed invoice. Any amounts in dispute shall be withheld until resolution.
Section 5. Personnel. All persons performing Services shall have all the necessary
technical expertise, permits, professional licenses, certificates, training, and other qualifications
required by this Agreement or other applicable laws. Contractor shall provide City with said
permits, licenses, and certificates at the request of City.
Section 6. Access. Contractor shall comply with all reasonable access and other
restrictions that City may impose. No access to City property for performance of the Services
shall be permitted prior to delivery to City of proof of insurance paid and maintained by
Contractor.
Section 7. Contractor's Duties and Representations.
Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that
will limit or prevent performance of the Services.
(b) Contractor presently has no interest and shall not have any interest, direct
or indirect, which would conflict in any manner with the performance of the Services
3
contemplated by this Agreement. No person having any such interest shall be employed by or
be associated with Contractor.
(c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to
its actual knowledge, have been convicted of a felony.
Section 8. Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its City Council members,. officers, officials, employees, agents, or volunteers
shall have control over the conduct of Contractor or any of Contractor's officers, employees, or
agents except as set forth in this Agreement. Contractor shall not at any time or in any manner
represent that it or any of -its officers, employees, or agents are in any manner officers, officials,
employees, agents, or volunteers of City. Contractor shall not incur or have the power to incur
any debt, obligation or liability whatsoever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing services hereunder for the City. City
shall not be liable for compensation or indemnification to Contractor or its officers, employees,
or agents for injury or sickness arising out of performing services hereunder.
(c) Contractor agrees to pay and be responsible for paying all Federal, State
and local taxes for compensation received by Contractor from City while performing services for
City.
Section 9. Termination.
(a) Termination Right. Either Party may, at any time, for any reason or for no
reason, with or without cause. Contractor shall give thirty (30) days written notice of termination
to City prior to terminating this Agreement. City may terminate this Agreement with no notice.
(b) Payment Upon Termination. In the event this Agreement is terminated
without cause pursuant to this section, City shall pay Contractor for Services performed up to
the time of termination on an hourly basis for Services rendered and Contractor shall submit an
invoice to City as required under this Agreement. Contractor shall have no other claim against
City by reason of such termination, including any claim for compensation.
(c) Actions Subsequent to Termination. In the event of termination of this
Agreement, Contractor shall deliver all Confidential Information, as defined in Section 11 below,
to City within thirty (30) days after the termination of this Agreement. Contractor shall also take
all such other action as City reasonably requires and shall cooperate with City to effectuate an
orderly and systematic termination of Contractor's duties and activities hereunder.
(d) All of the terms and conditions in the Agreement related to payment,
confidentiality, indemnification, dispute resolution and waiver shall survive termination of this
Agreement.
Ci
Section 10. Limitation of City's Liability_. City's liability on any kind of claim for any
loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no
case exceed the amount that is owed to Contractor for the performance of the Services that
have been requested pursuant to this Agreement. In no event shall City be liable for anticipated
profits or for incidental, consequential or punitive damages. City shall not be liable for penalties
of any description.
Section 11. Confidential Status: Disclosure of Information.
(a). Confidential Status; Disclosure of Information. All data, customer
information, business practices, business methods, privileged information, privileged
communications, trade secrets, financial statements, floor plans, designs, maps, surveys,
drawings, models, reports, correspondence, logs, documents, materials or other information
developed or created by Contractor, received by Contractor, revealed to Contractor, or provided
to Contractor for the performance of this Agreement are deemed confidential and shall not be
disclosed by Contractor to any third party without City's prior written consent ("Confidential
Information"). City shall grant consent if disclosure is legally required. All Confidential
Information shall be returned to City upon the termination of this Agreement. Contractor's
covenant under this section shall survive the termination of this Agreement. City may disclose
to third parties any Confidential Information at its sole discretion.
(b) Contractor's obligation not to disclose any Confidential Information shall
not extend to information that:
i. was in the possession of, or was rightfully known by, the
Contractor without an obligation to maintain its confidentiality prior to receipt from City;
ii. is or becomes generally known to the public without violation of
this Agreement;
iii. is obtained without an obligation of confidentiality by the
Contractor in good faith from a third party having the right to disclose it without an obligation of
confidentiality; or
iv. information which is required to be disclosed pursuant to any court
order or directive having the force of law.
(c) Contractor acknowledges that City's attorney may be advising City on
matters relating to the Services performed pursuant to this Agreement and such privileged
communications may be disclosed to Contractor to accomplish the purpose for which the City's
attorney was consulted. Contractor agrees that, even though such privileged communications
may be disclosed to Contractor, the City continues to be the holder of the privilege. Contractor
agrees to treat such privileged communications as Confidential Information under this
Agreement and to claim the privilege and refuse to disclose such communications until notified
in writing by the City that the right to claim the privilege has been revoked.
(d) The provisions of this section shall survive the termination of this
Agreement.
Section 12. Default. Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor is in default under the terms
5
of this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to Contractor.
Section 13. Indemnification. Contractor agrees to defend, indemnify, protect and hold
harmless City, its City Council members, officers, officials, employees, agents, and volunteers
from and against any and all claims, suits, demands, actions, losses, damages, judgments,
settlements, penalties, fines, defensive costs or expenses, including without limitation, interest,
attorneys' fees and expert witness fees, or liability of any kind or nature arising out of or
attributable to the acts or omissions of Contractor, or Contractor's officers, employees, or agents
which in any way arise out of, result from, or are in any way related to the performance or non-
performance of this Agreement, excepting only liability arising out of the sole negligence or
willful misconduct of City, its City Council members, officers, officials, employees, agents, or
volunteers.
THE PROVISIONS OF THIS -SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND
SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION.
The obligations in this section are in addition to Contractor's duty to provide insurance and shall
not be limited by any limitation on the amount or type of insurance coverage carried by
Contractor.
Section 14. Insurance.
(a) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
(b) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor or Contractor's officers, employees, or agents in performing the services required by
this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance
of work under this Agreement workers compensation insurance as required by law.
(d) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Excess Laibility Insurance, with
minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit.
Each Excess Liability Insurance policy shall provide policy coverage and terms at least as broad
as those required of the primary insuarance and shall provide that such Excess Liability
Insurance policy will drop down and assume the underlying insurer's obligations and provide
coverage in the event the underlying insurer becomes insolvent.
(e) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Professional Liability Insurance
C.
(errors and omissions) with minimum limits of One Million Dollars ($1,000,000), to protect City
from any losses sustained through any errors or omissions committed by Contractor or
Contractor's officers, employees or agents in performing Serivices required by this Agreement.
Further, if the policy is on other than an occurrence basis, Contractor shall maintain in full force
and effect such insurance for one year after performance of work under this Agreement -is
completed.
(f) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(g) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of. California and with a rating of at least a B+; VI in the latest
edition of Best's Insurance Guide.
(h) Contractor agrees that if it does not keep the aforesaid insurance in full
force and effect City may either immediately terminate this Agreement or, if insurance is
available at a reasonable cost, City may take out the necessary insurance and pay, at
Contractor's expense, the premium thereon.
(i) At all times during the term of this Agreement, Contractor shall maintain
on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, along with a copy of the policy declarations page for each policy,
showing that the aforesaid policies are in effect in the required amounts. Upon request by City,
Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing
that the coverage and policy endorsements required under this Agreement are maintained in
force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk
Manager, such certificate or certificates and a copy of the policy declarations page for each
policy.
(j) All of the policies of insurance required by this Agreement shall contain
(1) an endorsement naming the City, its City Council members, officers, officials, employees,
agents, and volunteers as additional insureds; provided, however, an endorsement naming the
City as an additional insured is not required for the Professional Liability Insurance policy, (2) an
endorsement specifically stating that the coverage contained in the policies affords insurance
pursuant to the terms and conditions as set forth in this Agreement.
(k) The insurance provided by Contractor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its City Council
members; officers, officials, employees, agents, or volunteers shall be excess of Contractor's
insurance and shall not contribute with it. The policies of insurance required by this Agreement
shall include provisions for waiver of subrogation. Contractor hereby waives all rights of
subrogation against City, its City Council members, officers, officials, employees, agents, and
volunteers.
(1) Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, Contractor shall either reduce or eliminate the
deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond
guaranteeing payment of losses and expenses.
Section 15. Assignment and Subcontracting. Contractor shall not assign or attempt to
assign any portion of this Agreement, or subcontract any required performance hereunder,
VA
without the prior written approval of City. Any assignment or subcontract made in violation of
this section is invalid and void.
Section 16. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California, before three arbitrators. The
arbitrator shall be a retired judge. The arbitration shall be administered by JAMS pursuant to its
Streamlined Arbitration Rules and Procedures. All decisions of the arbitrators shall be in writing,
and the arbitrators shall provide written reasons for their decision. The arbitration decision shall
be final and binding on the Parties. Judgment on the award may be entered in any court having
jurisdiction pursuant to this Agreement. This clause shall not preclude Parties from seeking
provisional remedies in aid of arbitration from- a court having jurisdiction pursuant to this
Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior
Court of California, Los Angeles County.
Section 17. Attorneys Fees. In the event a dispute, claim or litigation arises regarding
this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys
fees and actual costs, which may be set by the arbitrators or the court in the same action or in a
separate action brought for that purpose, in addition to any other relief which is obtained.
Section 18. Governing Law. This Agreement shall be interpreted and enforced
according to, and the Parties rights and obligations governed by, the domestic law of the State
of California, without regard to its laws regarding choice of applicable law.
Section 19. Entire Agreement and Modifications. This Agreement, including
attachments incorporated herein by reference, represents the entire integrated agreement and
understanding between the Parties, and supersedes all prior or contemporaneous negotiations,
representations, agreements, understandings and statements, written or oral. This Agreement
may only be modified by a writing signed by both Parties.
Section 20. Waiver. The waiver by either party of a breach or default by the other
party shall not be deemed a waiver of any different or later breach whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
may have hereunder operate as a waiver of any breach or default of such a right. The failure of
either party to this Agreement to exercise any of its rights under this Agreement does not
constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of
any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed
by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
Section 21. Force Maieure. Neither party shall be considered in default of any of its
obligations under this Agreement when a failure of performance shall be due to an
uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire,
lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal
action, statute, ordinance, or regulation, embargoes of the United States Government or any
other government, which by exercise of due diligence such party could not reasonably have
been expected to avoid and by exercise of due diligence has been unable to overcome. Either
party rendered unable to fulfill any of its obligations under this Agreement by reason of an
uncontrollable force shall give written notice within five (5) business days of such fact to the
other party and shall exercise due diligence to remove such inability with all reasonable
dispatch.
n
Section 22. City Not Obligated. to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor.
Section 23. Notices. All notices, approvals, consents and other communications
between the Parties shall be in, writing, and shall be sent by certified mail (return receipt
requested) or other delivery service which provides evidence of delivery, using the address set
forth on the Cover Page under "Notice Information - City" or "Notice Information — Contractor,"
as appropriate, or at such other address as may be furnished by either party to the other in
writing Mailed notices will be deemed communicated as of the day of receipt.
Section 24. Cover Page and Exhibits. The Cover Page and all documents referenced
as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any
material discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 25. Headings. Headings used in this Agreement are for convenience and
ease of reference only and shall not affect the interpretation of the Agreement.
Section 26. Survival of Terms. All of the terms and conditions in this Agreement
related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive
termination of this Agreement:
Section 27. Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 28. Authority to Execute This Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations under this Agreement.
(Signatures Begin on Next Page].
F61
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the
introductory clause.
City of Vernon, a California charter City and . Harness Energy, LLC
California municipal corporation
HILARIO GONZALES
Mayor
ATTEST:
an
vviLLnnv V. 1%-oKy \.,IGIR
APPROVED AS TO FORM:
M
WILLARD G. YAMAGUCHI, Interim
City Attorney
By:
Name:
Title:.
By:
Name:
Title:
10
EXHIBIT A
SCOPE OF SERVICES
I. Scope of Services to be performed by Contractor
1.0 Installation Guidelines
Contractor must follow installation guidelines, for erecting Met towers, as stated
below from the NRG TallTower Installation Manuals provided from the NRG Systems Inc.,
website for the following models:
• 5 each NRG-NOW (Item # 4066) System 60m XHD — Symphonie Tall Tower Kit plus
accessories as per the attached NRG Order material list.
• 3 each NRG-NOW (Item # 4258) System 34m — with anchors and gin pole and
Symphonie PLUS Logger Kit (Item # 4291) plus accessories as per the attached NRG
Order material list.
2.1 ADDITIONAL EQUIPMENT SPECIFICS
2.1.1 Bird Diverters
All tower guy wire lines will include City furnished reflective bird diverters.
2.1.2 Anabat Detectors
The City of Vernon's environmental consultant (CH2MHILL) will install Anabat detectors on at a
minimum least three (3) and up to eight (8) designated towers. The Contractor is responsible
for mounting a pulley mechanism on the tower while the tower is on the ground before erection.
Photos of the pulley are shown in bid documents.
3.0 SCOPE OF WORK
The contractor has performed a site visit to determine the best approach for the work.
The contractor has verified that all Met tower locations are accessible via four wheel drive
vehicles. A number of locations will require either tree clearing or temporary
fence removal to perform the work. Contractor shall be responsible for this. All clearing and
fence removal activities shall be performed within the coordination of a CH2MHILL site
representative.
Contractor shall provide off -site storage for the City furnished equipment. Scope includes
receiving, storage, removal from storage, transport to the site locations, and installation of the
tower equipment as further defined herein. Storage shall be a secure and insured facility over
which Contractor shall have complete care, custody, and control of City furnished equipment.
Storage facility is subject to approval by the City.
The City's environmental consultant, CH2M HILL, will conduct a one(1) hour "Tailgate Briefing"
to be conducted upon mobilization at the initial site. A brochure will be provided to the
Contractor to assist in identifying standard habitats and species of concern. The Contractor is
required to cooperate fully with the environmental representative including:
a. Reporting the sighting of any important species, as identified in the briefing and brochure.
b. Stopping work if directed by the City's representative if important biological resources are
threatened. Any such work stoppage will be quickly resolved to allow the restart of work. If
necessary, Contractor should be prepared to move personnel to another tower location in
the event of a short term work stoppage.
11
As part of the tower erection, Contractor shall install City furnished bird diverters (Birdbusters
Firefly Bird Diverter) every 30 feet on each guy wire, starting at a point 30 feet above the
ground.
The Contractor shall provide all necessary tower erection winches, specific tools and
appropriate gin poles specifically fitting the tower bases to perform the work.
The Contractor will mount an Anabat pulley mechanism, furnished by the City, on designated
towers while the tower is on the ground.
Installation of the Anabat detector and commissioning of the Anabat detector will be by
CH2MHILL. The contractor shall coordinate with the Anabat installer to ensure the pulley
operates properly before the tower mast is raised.
Contractor shall limit the area of disturbance around the towers to 300 feet. Contractor shall limit
the clearing of trees to what is absolutely necessary to layout and assemble the Met towers
prior to erection, and return the area to as close as possible to its natural state prior to the start
of work. Any vegetation or trees that are cleared should be distributed around the site so that it
will not create any future health and safety hazard, or be placed in any sensitive area, or block
access for wildlife movement.
3.1 PARTS SUPPLY LIST
3.1.1 60 Meter Tower
Quantity Description
5 NRG-Now System 60M XHD — Symphonie TallTower Kit (pallet)
5 NRG-Now System 60M XHD — Calibrated-Symphonie-PLUS Logger Kit
5 NRG-Now System 60M XHD — Calibrated-Symphonie Sensor Kit, Long Booms
5 Symphonie iPack for Iridium Satellite Phone, w/PV
2 NRG #BP20 Barometric Pressure Sensor
2 Symphonie SCM Card for BP20
2 Li-Cor #LI-200SZ Pyranometer
2 Boom - Pyranometer/Antenna, .52 M (20.5"), Galvanized, with clamps
2 Symphonie SCM Card for Licor Pyranometer (1-1200SZ)
2 NRG #110S Temperature Sensor with Radiation Shield
2 Symphonie SCM card for #110S
2 Sensor cable, 3C,20 Ga, 67m, (219.8'), for 60m level
3.1.2 34 Meter Tower
Quantity Description
3 NRG-Now System 34M Symphonie-PLUS Logger Kit
3 NRG-Now System 34M Tower Kit (pallet) with anchors and gin pole
3 NRG-Now System 34M Sensor Kit
3 Symphonie iPack GPS (Iridium)- Windlinx Ready w/PV
3.1.3 Bird Flight Diverters
Quantity Description
TBD Birdbusters Fixed FireFly 1/4 " / 3/16" Model
3.1.4Pulleys for Anabat Detector
Quantity Description
3 Pulley and Attaching Hardware
12
3.2 TOWER DESIGNATIONS
Tower System
V-1 NRG 60-m NOW
V-3 NRG 60-m NOW
V-4 NRG 60-m NOW
V-5 NRG 60-m NOW
V-13 NRG 60-m NOW
V-10 NRG 34-m NOW
V-11 b NRG 34-m NOW
V-12 NRG 34-m NOW
3.3 NEW TOWER LOCATIONS
#
Lat (N)
long (W)
V-1
350
24.511'
118"
16.925' 60 $
V-3
350
18.749'
1180
16.124' 60 $
V-4
350
18.444'
1180
16.154' 60 $
V-5
350
21.346'
1180
14.916' 60 $
V-13
350
18.361'
1180
15.354' 60
V-10
350
21.750'
1180
06.345' 30 $
V-11 b
350
25.113'
1180
06.104' 30 $
V-12
350
26.483'
1180
05.791' 30 $
3.4 TOWER ANCHOR PULL TEST
The Contractor is responsible for performing a pull test, with a calibrated measuring device, to
confirm each anchor meets the criterion for acceptance. The test is to be performed after
installation of the anchor and before attaching the guy wire. The Contractor shall document that
each and every anchor successfully passed the pull test with the minimum pull value listed
below. Documentation is to be provided to the City at the completion of the work. If any anchor
fails to meet the acceptance criterion, the City is to be informed before erection of the affected
tower proceeds. The City will perform further evaluation of the actual installed anchor.
3.4.1 60 Meter Tower Pull Test Criteria
The acceptance criterion for each anchor is as follows:
1. For the inner anchors, the minimum pull is 1600 Ibs at 23 degrees to the horizontal.
2. For middle anchors, the minimum pull is 1800 Ibs at 36 degrees to the horizontal.
3. For outer anchors, the minimum pull is 3000 Ibs at 44 degrees to the horizontal.
3.4.2 34 Meter Tower Pull Test Criteria
The acceptance criterion for each anchor is a minimum pull of 2500 Ibs at 44 degrees to the
horizontal.
4.0 OPERATION AND MAINTENANCE
Contractor will be responsible for commissioning and startup the new Met towers after
installation.
Proper functioning of all equipment shall be demonstrated to the City's representative.
13
EXHIBIT B
HOURLY RATE AND EXPENSES
The following table presents the total fixed price that we propose to charge Vernon.
Bid price includes the receipt, storage, transportation, and installation of City furnished
equipment/components and all equipment/materials not furnished by the City necessary to
complete the work including all labor, payroll burden, tools, equipment, apparatus, facilities,
transportation insurance, site access and other services necessary to complete in every
aspect the scope of work in this RFP ( See Attachment 1).
Firm -fixed, price (not subject to economic price adjustment) to perform all the work required
to install eight (8) New Meteorological Towers and related equipment, all as defined in the
Scope of Work document and this RFP (See Attachment 1):
TOTAL FIRM -FIXED PRICE: ( 91,314 ) US Dollars.
In Words: Ninety one thousand three hundred and fourteen .
Fixed Price Break down:
Installation and Startup of New Towers
Tower#
Latitude (N)
Longitude (W)
Meters
Price
V-1
35-24.511'
1180 16.925'
60
$ 19,008
V-3
35-18.749'
1180 16.124'
60
$ 11,008
V-4
35-18.444'
1180 16.154'
60
$ 16,008
V-5
35-21.346'
118 44.916'
60
$ 11,008
V-10
35-21.750'
118 06.345'
30
$ 7,758
V-11b
35-25.113'
118 66.104'
30
$ 7,758
V-12
35-26.483'
1180 05.791'
30
$ 7,758
V-13
35-18.361'
118 15.354'
60
$ 11,008
Total $ 91,314
14
Attachment 1: Request for Proposal Acknowledgment
15
REQUEST PROPOSAL ACKNOWLEDGEMENT
CITY RETAINED LANDS PROJECT
KERN COUNTY, CALIFORNIA
INSTALLATION OF NEW TOWERS AND EQUIPMENT
PROPOSAL FORM
BIDDER:li�.11;�
(Bidder fill-in)
DATE: 2- S~ 1 '2,�?I
(Bidder 'II -in)
Contents
1.General
2.Proposal Pricing.
3-Performance of Work by Subcontractors
4-Performance Schedule
5.Proposal Validity
6.Technical Data
7.Additional Information To Be Submitted With Proposal
S.Labor
9.Bidder's Certifications
City Retained Lands Project
City of Vernon — Request Proposal Acknowledgement Form Page 1
1.0-GENERAL
1.1 Bidder's proposal shall include each and every item of material, labor and services
covered by this Request for proposal.
1;2 Bidder shall fill-in and complete all blank spaces provided herein and shall supply
complete additional information as required herein, on separate sheets of paper
attached hereto as may be necessary.
1.2.1 Any deviation from the specified requirements must be identified specifically in
a list of exceptions from the specification included on Proposal Schedule VI,
Exceptions, including the reasons for the. deviation as well as a description of
what is to be supplied.
1.2.2 Exceptions to the terms, conditions and/or the requirements of this Request for
Proposal are discouraged and may result, at City's sole discretion, in the
disqualification of your proposal.
1.3 Bidder's Base Proposal Pricing Sheets shall be submitted as required by the Instructions
for the Preparation of Construction Proposals.
1.4 Omission of, or gross errors in, prices and other information required may be sufficient
cause for Bidder's proposal to be rejected.
1.5 Base proposal pricing sheets shall be submitted in accordance with the instructions for
the Preparation of Construction Proposals, and the instructions provided in Section 2.0
below, of this proposal form.
2.0 PROPOSAL PRICING
The total Base Proposal Price shall be as shown on Proposal Schedule II, Pricing.
2.1 Bidder's prices quoted in this section shall be firm -fixed price for the duration of the
project and shall cover the furnishing of all equipment, materials, labor, supervision,
testing and other services as may be required by the Contract Documents and shall
Include all costs associated therewith including taxes, insurance, permits, -fees, etc.
2.2 The rates for additions and deletions shown herein, Options for Additions :or Deletions,
will apply to changes requested by City. The rates shall be all inclusive and represent
the total cost of markups to the City for additions to or deductions from the contract
price.
City Retained Lands Project —'-`
City of Vernon - Request Proposal Acknowledgement Form Page 2
3.0 PERFORMANCE OR WORK BY SUBCONTRACTORS
3.1 If Bidder intends to subcontract a portion of the work, Bidder shall identify the firms and
provide a detailed description of work to be performed.
3.2 Should the Bidder elect to subcontract a portion of the work it shall ensure that the
Subcontractors agree to perform the work in strict accordance with this Agreement,
whether or not reference is made to the bidder's subcontractor in a particular provision.
4.0 PERFORMANCE SCHEDULE
4.1 Biddet-shall commence and prosecute the work in such a manner that the events and
dates for commencement and completion of work shown on Proposal Schedule 1,
Schedule of Performance, are achieved. All shown are to be considered material and it
is imperative that they are achieved.
4.2 . The schedule Is a demand schedule, without respect to the work to be performed.
Bidder must agree that compensation to Bidder as proposed in Proposal Schedule 11,
Pricing, is sufficient to enable performance of work within the specified time. Any
overtime, premium procurement costs, etc., must be included In the total base price
proposed.
4.3 Location of Work — Various Sites located In Kern County California
5.0 PROPOSAL VALIDITY
This proposal is valid for acceptance for 90 days from the due date of the proposal
6.0 TECHNICAL DATA
None
7.0 ADDITIONAL INFORMATION TO BE SUBMITTED WITH PROPOSAL
Each Bidder shall submit the following additional information with this proposal.
7.1 A list of related project experience over the past five years, including scope description,
location, client, dollar amount, and name and telephone number of client contact who
may be contacted for reference.
7.2 Applicable California State Contractor License Number, Class and Status.
7.3 A brief narrative description of the Bidder's approach to the work. Example: number of
crews, typical number of days to install complete, etc.
7.4 Construction tools and equipment necessary to perform the work.
7.5 Warehouse location for storing the City Furnished Material and Equipment.
City Retained Lands Project
City of Vernon — Request Proposal Acknowledgement Form Page 3
8.0 LABOR
Construction Labor performed on site shall be by merit shop and such Contractor is responsible
for. providing a sufficient supply of labor to perform the work and within the schedule herein,
and to provide sufficient competent supervision to direct and manage the labor force to obtain
the contractual schedule. Contractor shall be responsible for all labor relations, and is
responsible for preventing and / or mitigating labor disputes and disturbances.
9.0 BIDDER'S CERTIFICATIONS
9.1 Bidder shall make all Representations and Certifications required herein or otherwise
required by law.
9.2 The Bidder certifies that this offer is based upon all the- requirements of the RFP and all
the requirements of the Specification(s) and the Contract Drawings (if any) have been
fully considered and that the Specification(s) and the Contract Drawings contain all the
necessary information required for performance of the work herein, except a specifically
identified in Proposal Schedule, Exceptions.
Additionally, the bid prices contained herein are firm and not subject to escalation and
have -been carefully checked, are submitted as correct and final in accordance with this
inquiry and all attachments hereto.
The Bidder further certifies that is has fully considered the Contract and Special
Conditions contained in the RFP and hereby agrees to commence work in strict
accordance with all the provisions contained therein immediately upon notice of award.
9.3 Submittal of a proposal demonstrates that Bidder has taken into consideration all site
conditions, seasonal weather conditions, has investigated and satisfied itself as to the
conditions affecting the work, Including but not restricted tothose bearing upon
transportation , handling and storage of materials, availability of labor, water, power,
and other physical conditions at the Project Site, plus the conditions, character, quality
of surface and subsurface materials or obstacles to be encountered insofar as this
information is ascertainable from an inspection of.the Project Site and related available
documents, as well as from information presented by the specifications and drawings
made part hereof.
Failure by the Bidder to become acquired with the Project Site conditions shall not
relieve Bidder from responsibility for successfully performed the work. In no event.will
failure to inspect adequately the Project Sites and related conditions constitutes
grounds for a claim after Contract execution.
a
City Retained Lands Project
City of Vernon — Request Proposal Acknowledgement Form Page 4
State of California Contractors License
Bidder hereby certifies that it is qualified to perform work in the State of California and has the
required licenses and/or registrations required law.
Name and Address of Off -Site Warehouse:
�� 416 T i � ,
wea west
C14S t1JU
Safe
The City of Vernon promotes safe work practices. Bidder shall include with its bid a copy of its
Safety. Plan, and shall comply with all the Safety and Health requirements included in the RFP.
BIDDER
SIGNATURE _ /r
NAME
TITLE
DATE
TELEPHONE NO. - -Ct-W ZiNj
EMAIL: �� t� I" �.`r�SS�hj-1t� i Uri . �.E✓i+��
City Retained Lands Project
City of Vernon - Request Proposal Acknowledgement Form Page 5
PROPOSAL SCHEDULE 11
CONTRACT PRICING
LUMP SUM
� rr
A lump Sum firm fixed price is required for the Scope of Work detailed in the RFP Document and in
accordance with all attachments.
Sid price includes the receipt, storage, transportation, and installation of City furnished
equipmenttcomponents and all equipment/materials not furnished by the City necessary to complete
the work including all labor, payroll burden, tools, equipment, apparatus, facilities, transportation
insurance, site access and other services necessary to complete in every aspect the scope of work in
this RFP.
Firm -fixed price (not subject to economic price adjustment) to perform all the work required to install
eight (6) New Meteorological Towers and related equipment, all as defined in the Scope of Work
document and this RFP:
TOTAL FIRM -FIXED PRICE: ($ �'� �� US Dollars. t
In Words: c; e/ -Nc Swcl 4V ee, h Ud3'NG1aud 'Tu t2- '' .()
Fixed Price Break down:
Installation and Startup of New Towers
Tower#
Latitude (N)
Longitude-(W)
Meters
Price
V-1
35 -24.51 V
11 8u 16.925'
60
$ ? 9 UU
V 3
35 -18.749'
118 16.124'
60
$
V-4
35-18.444'
1180 16.154'
60
$
V-5
35-21.346'
118u 14.916'
60
$11,
V 10
35 21.750'
11 8u 06.345'
30
$
V-11 b
35-25.113'
118u 06.104'
30
$
V-12
35 -26.483'
118u 05.791'
30
$
V-13
35-18.361'
1180 15.354'
60
$ ooq
Total $�, f
City Retainqd Lands Project
City of Vernon - Request Proposal Acknowledgement Form Page 6
2,0 RATES FOR EXTRA WORK
Labor rate and markups for all changes in the work resulting from additions or deletions specified
by City and not covered by lump sum pricing.
Labo� r Rate:
Man hour labor rate Is fully burdened and includes all fringes, travel, small tools, FICA, SUI, FUI,
and Workmen's Compensation and other labor dependent insurances. Rate shall be a composite
crew rate based on a ration or actual crew on site. -
$ ,0 h Total billable dollar per hour
Overhead and Profit (OH&P) Percentane Multipliers
The following percentage multiplier shall be used to reflect markups for overhead and profit on
changes authorized by City. Markups shall be applied to the reasonable direct costs which do not
include any Contractor percentage margin for overhead and profit. The markups shall be used to
compute the total cost of the change. The., following definitions apply.
Direct Cost Any cost that is specifically identified with a final cost objective such as labor,
material and equipment, but not to include minor efforts such as drawing reproduction or proposal
preparations.
Overbead Any indirectwdinat directly identified with a single final cost objective.
Contractofs main office over, job office overhead, liability and auto insurance, field
engineering aW superintanderme gd iindirect costs. Minor efforts such as proposal preparation,
drawing prodmftk as-AtWl , elleaRW mirug additional bonding cost are to be included in the
overhead ate.
-PewerAggemORWier fdrC4t & Pffiuradded or deleted work, performed by Contractor.
(amity Retained L-m& ;E':r•.*ct - --
Ci YofVernon- Repast posal Acknowledgement Form Page 7
PROPOSAL SCHEDULE
REPRESENTATIONS AND CERTIFICATIONS
1.0 SMALL BUSINESS CONCERN REPRESENTATION
The Bidder represents and cqffies as pad of its offer (hat It - is, K is not small business, A _ Is, I is not a small disadvantaged
Business concern, it_ 1% . is not a Woman owned business and that— all, ___, not all end Items to be furnished will be manufactured or
produced by a small business concern in the United Stales, its territories or possessions, Puerto Rico, or the Trust Territory of t he Pacific Islands.
'Small business concerns,' as used in this provision, means a concern, including its affiliates that is independently owned and operated, not
dominant in the field of operations in which it Is bidding on a Government -funded oonUa* and cluslfRed as a small business under.the size
standard In the solicitation.
(a) Definitions-
1. 'Small business concern' means a concern, inducing its affiliates, that is independently owned and operated, not dominant in the field of
operation in which It is bidding on government contracts, and qualHied as a small business under the criteria and size standards in 13
GFR Pad 121(see 19.102)
2. Small disadvantaged business concern is (a) at least 51 percent unconditionally owned by one or more individuals who are both socially
and economically disadvantaged, or (b) a publicly owned business having at least 51 percent of its stock unconditionally owned by one
or more Individuals who are both socially and ecmomkcally disadvantaged, or (c) at least 51 percent unconditionally owned by an
economically disadvantaged Indian Me or Native Hawalfan Organiza(lan, which has Its management and daily business controlled by
such individuals.
Woman -owned business concern is at least5l percent owned by one or more women or in the case of any publicity owned business, at -
least 51 percent of Its stock Is owned by one or more women, which has Its management and daily business controlled by such
Individuals.
zo TYPE OF BUSINESS ORGAidIZA, JON
The Bidder Or bidder, represents that (a) it operates as -X, a corporation under the laws of the State of C• c ? a or — an
individual, _ a partnership, _ a nonprofit organization, or that of— a)olntventure.
3.0 CONTINGENT FEE REPRESENTATION AND AGREEMENT
(a) Representation. Tk�Bldderrepresents that, exceptfor fug -time bona fide employees working solely for the offeror, the Offeror-
(1) ' _ has, Ahas not employed or retained any person or company tosollcft or obtain this contact and
I
(2) — has, has not paid or agreed to pay to any person or company employed or retained to solid[ or obtain this Contract any
Iy
commission, percentage, brolcerage, orotherfee contingent upon or resulting from the award of the contract
4,0 CERTIFICATION OF NONSEGREGATED FACILITIES
(a) 'Segregated fadliges,' as used in the provision, means any waiting rooms, work areas, rest rooms, and wash rooms, restaurants and other
eating areas, time docks, War rooms and other storage or dressing areas, packing lots, drinking fountains, recreation or entertainment areas,
transportation, and housing fadities provided for employees that are segregated by explicitdrective or are In fad segregated on the basis of
race, color, refig on, or national origin because of habit, local custom, or otherwise,
(b) By One submission of this offer, the offeror certifies (hat it does not and wig not maintain or provide for its employees any segregated facilities at
any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where
segregated facilities are maintained. The Offeror agrees that a breach of this certification is a violation of the equal Opportunity douse i"a
conrracL
(c) The Bidder further agrees that (except where it has obtained Identical certifications from proposed subcontractors for spedfic time periods) it
will -
City Retained Lands Project
City of Vernon — Request Proposal Acknowledgement Form Page 8
(1) Obtain Identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be
subject to the Equal Opportunity clause;
(2) Retain the Certifications in the files; and
(3) Forward the following notice to the .proposed subcontractors (except it the proposed subcontractors have submitted Identical
. certifications for specific time periods);
NOTICE TO PROSPECTIVE SUBCONTRACTORS Op REQUIREMENT FOR CERTIFICATIONS OF NONSEGREATED FACILITIES
A Certification of Non -segregated Facilities must be submitted before the ward of a subcontract under which the subcontractor will be subject to the Equal
Opportunity clause. The certification may be submitted whither for each subcontract or for all subcontracts during a period (i e., quarterly, semiannually, or
annually).
6.0 PREVIOUS CONTRACTS AND COMPLIANCE REPORT$
The Bidder represeRtsthal—
(a) It _ has, has not paMpated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solloitation,
the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201, of Executive Order
11114;
(b) It —has, x has not filed all required compliance reports; and
(o) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract
awards.
6.0 AFFIRMATIVE ACTION COMPLIANCE
The Bidder represents that (a) it _ has developed and has on file, _ has not developed and does not have on file, t ach establishment,
affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60.1 and 60 2), or (b) fihas not previously
had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary, of Labor.
7.0 ySIGNATURFICERTIFICATION
By signing below, the Bidder certi6ps„under penalty of law, that the representations and certfications are accurate, current, and complete. The
Bidder further cerifie� at itwifjl• o6fy i Cityof any changes to these representations and certifications.
Signature of "e lSffiCer or Employee Dale of Exkuuw
Responsible for the Proposal
Typed Name Tifle
. Name.ofOrgankation�
Stec'
Street Address
Clly, State and Zip
City Retained Lands Project
City of Vernon - Request Proposal Acknowledgement Form Page 9
Attachment 2: Met Tower Site Photos
16
y Ye p"t
vc
Or
Awl
ic
, � ems•' t
pAg
Y h s
b fa
a-_
N
j
9
.y.t i
AM
.V`
k$ L
cif %,mg
;, rc
h �n.
7 ky�4�e�da`�IE���e+ ,�����r=rr+jz � �lR� �k I •,.
3
-
7
y�
12
X� f
Ah
Xi
!q
Of
C
f0
LL
4-F
Lt
a
g�
3
!.
k}Z A"
1. ' s J ,r {.= �t dV �y y E,�.r��1 � sett :�C•.-�flm�_ �. � F}., a e.,
•'
" F
Lilt
SN
l•} t _ram'' /f
}
L'
}
�' ( � r , -- f �g"` } � rl l!'r. ! -. �- 3i '4 -.� �� - �F�r�e � : �r �ag '� �i +�+"`� I �vl '� _` 1� -'- � e. •
{, d }� - ,.' /3� .e..t tl !I ` � �1 � �, �, � r ter_ " V rk (i � 4', t4•. ! §' I
f
XIO toe
- + A
_ 1 P
sv.
T
4
J
,3 "p
jj,
p r
Zr
f
I-
r f
v"
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
April 28, 2011
Matt Anderson
Harness Energy, LLC
807 Spruce Street
Boulder, CO 80302
Re: Services Agreement — Installation of Meteorological Towers
Dear Mr. Anderson:
The insurance requirements have been met. Transmitted herewith is a fully executed agreement
as referenced above, approved by City Council on April 5, 2011, through Resolution No. 2011
47.
If you have any questions regarding this matter, please call Carlos Fandino, at (323) 583-8811
ext. 834.
Very ly yours,
WILLARD G. YA UCHI
City Clerk
WGY:dj
Enclosure
c: Carlos Fandino
Purchasing Department
Resolution No. 2011-47
Agreement No. 11-037
Excfusivefy Industriaf
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND HARNESS ENERGY,
LLC, FOR THE INSTALLATION OF EIGHT (8) METEOROLOGICAL TOWERS
Contractor:
Responsible Principal of Contractor:
Notice Information - Contractor:
Notice Information - City:
Commencement Date:
Termination Date:
Consideration:
Retention Period:
COVER PAGE
Harness Energy, LLC
Matt Anderson
Harness Energy, LLC
807 Spruce Street
Boulder, CO 80302
Attention: Matt Anderson
Phone: (970) 376-5468
Facsimile:
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Carlos Fandino Jr.,
Director of Light & Power
Telephone: (323) 583-8811 ext. 573
Facsimile: (323) 826-1408
April 5, 2011
As described in Section 1
As described in Exhibit B
3 Years
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND HARDNESS ENERGY,
LLC FOR THE INSTALLATION OF EIGHT (8) METEOROLOGICAL TOWERS
THIS AGREEMENT is made and entered into as of April 5, 2011 ("Effective Date"), by
and between the City of Vernon, a California charter City and California municipal corporation
("City"), and Harness Energy, LLC ("Contractor"). City and Contractor are collectively referred.
to herein as the "Parties."
RECITALS
A. City desires to have certain labor negotiation services provided as more fully set
forth in the Scope of Services, attached hereto and incorporated herein as Exhibit A.
B. Contractor represents it is qualified and capable of furnishing the labor, materials,
and expertise necessary to perform such services in accordance with the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Term and Time of Performance.
(a) This Agreement shall commence upon the Commencement Date listed
on the Cover Page and will continue in effect until termination by either party as set forth below.
Any services performed prior to the Effective Date listed above, but on or after the
Commencement Date, shall for all purposes be deemed to have been performed pursuant to
this Agreement, subject to the terms and conditions hereof.
(b) In the event that City renews this Agreement, Contractor may submit a
proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent
to renew. Any increase in rates must be approved by City before such increase can take effect.
If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may
terminate the renewal by giving thirty (30) days written notice.
Section 2. Performance.
(a) Contractor shall perform the services and tasks described and set forth in
the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed
upon in writing signed by both Parties prior to performance of those additional services.
(b) Contractor shall at all times faithfully, competently and to the best of its
ability, experience, and talent, perform all Services under this Agreement in accordance with the
standard of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality as the City under similar circumstances and in a manner reasonably
satisfactory to City. Contractor shall at all times comply with the highest ethical standards when
performing Services for the City.
(c) Contractor shall keep itself informed of all local, state, and federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its Services pursuant to this Agreement. Contractor shall at all times
observe and comply with all such ordinances, laws and regulations. City, and its City Council
4
members, officers, officials, employees, agents or volunteers shall not be liable at law or in
equity occasioned by failure of Contractor to comply with this section.
(d) Contractor will not be compensated for any work performed not specified
in Exhibit A unless City authorizes such work in advance and in writing.
Section 3. Compensation.
(a) City agrees to compensate Contractor, and Contractor agrees to accept
in full satisfaction for the Services required by this Agreement, the hourly rate and expense
reimbursement set forth in Exhibit B ("Hourly Rate and Expenses"). The Hourly Rate and
Expenses shall constitute reimbursement of Contractor's fee for the Services as weWas the
actual cost of any equipment, materials, and supplies necessary to provide the Services
(including without limitation, all labor, materials, delivery, tax, assembly, and installation, as
applicable).
(b) Contractor shall be entitled to reimbursement only for those expenses
expressly set forth in Exhibit B. Any expenses incurred by Contractor that are not expressly
authorized by this Agreement will not be reimbursed by City.
Section 4. Method of Payment.
(a) Invoices. Contractor shall submit invoices monthly for Services and
expenses. Invoices shall include the month for which the Services were provided, the dates of
such services, and a description of the Services provided for that billing period. Each invoice
shall include copies of timesheets, if any, and other supporting documents as City may require.
(b) Payments by City. Payments of each invoice shall be made by City within
thirty (30) days following receipt of each invoice as to all non -disputed fees. If City disputes any
of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of
the disputed invoice. Any amounts in dispute shall be withheld until resolution.
Section 5. Personnel. All persons performing Services shall have all the necessary
technical expertise, permits, professional licenses, certificates, training, and other qualifications
required by this Agreement or other applicable laws. Contractor shall provide City with said
permits, licenses, and certificates at the request of City.
Section 6. Access. Contractor shall comply with all reasonable access and other
restrictions that City may impose. No access to City property for performance of the Services
shall be permitted prior to delivery to City of proof of insurance paid and maintained by
Contractor.
Section 7. Contractor's Duties and Representations.
Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that
will limit or prevent performance of the Services.
(b) Contractor presently has no interest and shall not have any interest, direct
or indirect, which would conflict in any manner with the performance of the Services
3
contemplated by this Agreement. No person having any such interest shall be employed by or
be associated with Contractor.
(c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to
its actual knowledge, have been convicted of a felony.
Section 8. Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its City Council members, officers, officials, employees, agents, or volunteers
shall have control over the conduct of Contractor or any of Contractor's officers, employees, or
agents except as set forth in this Agreement. Contractor shall not at any time or in any manner
represent that it or any of its officers, employees, or agents are in any manner officers, officials,
employees, agents, or volunteers of City. Contractor shall not incur or have the power to incur
any debt, obligation or liability whatsoever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing services hereunder for the City. City
shall not be liable for compensation or indemnification to Contractor or its officers, employees,
or agents for injury or sickness arising out of performing services hereunder.
(c) Contractor agrees to pay and be responsible for paying all Federal, State
and local taxes for compensation received by Contractor from City while performing services for
City.
Section 9. Termination.
(a) Termination Right. Either Party may, at any time, for any reason or for no
reason, with or without cause. Contractor shall give thirty (30) days written notice of termination
to City prior to terminating this Agreement. City may terminate this Agreement with no notice.
(b) Payment Upon Termination. In the event this Agreement is terminated
without cause pursuant to this section, City shall pay Contractor for Services performed up to
the time of termination on an hourly basis for Services rendered and Contractor shall submit an
invoice to City as required under this Agreement. Contractor shall have no other claim against
City by reason of such termination, including any claim for compensation.
(c) Actions Subsequent to Termination. In the event of termination of this
Agreement, Contractor shall deliver all Confidential Information, as defined in Section 11 below,
to City within thirty (30) days after the termination of this Agreement. Contractor shall also take
all such other action as City reasonably requires and shall cooperate with City to effectuate an
orderly and systematic termination of Contractor's duties and activities hereunder.
(d) All of the terms and conditions in the Agreement related to payment,
confidentiality, indemnification, dispute resolution and waiver shall survive termination of this
Agreement.
4
Section 10. Limitation of City's Liability. City's liability on any kind of claim for any
loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no
case exceed the amount that is owed to Contractor for the performance of the Services that
have been requested pursuant to this Agreement. In no event shall City be liable for anticipated
profits or for incidental, consequential or punitive damages. City shall not be liable for penalties
of any description.
Section 11. Confidential Status; Disclosure of Information.
(a) Confidential Status; Disclosure of Information. All data, customer
information, business practices, business methods, privileged information, privileged
communications, trade secrets, financial statements, floor plans, designs, maps, surveys,
drawings, models, reports, correspondence, logs, documents, materials or other information
developed or created by Contractor, received by Contractor, revealed to Contractor, or provided
to Contractor for the performance of this Agreement are deemed confidential and shall not be
disclosed by Contractor to any third party without City's prior written consent ("Confidential
Information"). City shall grant consent if disclosure is legally required. All Confidential
Information shall be returned to City upon the termination of this Agreement. Contractor's
covenant under this section shall survive the termination of this Agreement. City may disclose
to third parties any Confidential Information at its sole discretion.
(b) Contractor's obligation not to disclose any Confidential Information shall
not extend to information that:
i. was in the possession of, or was rightfully known by, the
Contractor without an obligation to maintain its confidentiality prior to receipt from City;
ii. is or becomes generally known to the public without violation of
this Agreement;
iii. is obtained without an obligation of confidentiality by the
Contractor in good faith from a third party having the right to disclose it without an obligation of
confidentiality; or
iv. information which is required to be disclosed pursuant to any court
order or directive having the force of law.
(c) Contractor acknowledges that City's attorney may be advising City on
matters relating to the Services performed pursuant to this Agreement and such privileged
communications may be disclosed to Contractor to accomplish the purpose for which the City's
attorney was consulted. Contractor agrees that, even though such privileged communications
may be disclosed to Contractor, the City continues to be the holder of the privilege. Contractor
agrees to treat such privileged communications as Confidential Information under this
Agreement and to claim the privilege and refuse to disclose such communications until notified
in writing by the City that the right to claim the privilege has been revoked.
(d) The provisions of this section shall survive the termination of this
Agreement.
Section 12. Default. Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor is in default under the terms
EJ
of this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to Contractor.
Section 13. Indemnification. Contractor agrees to defend, indemnify, protect and hold
harmless City, its City Council members, officers, officials, employees, agents, and volunteers
from and against any and all claims, suits, demands, actions, losses, damages, judgments,
settlements, penalties, fines, defensive costs or expenses, including without limitation, interest,
attorneys' fees and expert witness fees, or liability of any kind or nature arising out of or
attributable to the acts or omissions of Contractor, or Contractor's officers, employees, or agents
which in any way arise out of, result from, or are in any way related to the performance or non-
performance of this Agreement, excepting only liability arising out of the sole negligence or
willful misconduct of City, its City Council members, officers, officials, employees, agents, or
volunteers.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND
SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION.
The obligations in this section are in addition to Contractor's duty to provide insurance and shall
not be limited by any limitation on the amount or type of insurance coverage carried by
Contractor.
Section 14. Insurance
(a) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
(b) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor or Contractor's officers, employees, or agents in performing the services required by
this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance
of work under this Agreement workers compensation insurance as required by law.
(d) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Excess Laibility Insurance, with
minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit.
Each Excess Liability Insurance policy shall provide policy coverage and terms at least as broad
as those required of the primary insuarance and shall provide that such Excess Liability
Insurance policy will drop down and assume the underlying insurer's obligations and provide
coverage in the event the underlying insurer becomes insolvent. -
(e) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Professional Liability Insurance
C
(errors and omissions) with minimum limits of One Million Dollars ($1,000,000), to protect City
from any losses sustained through any errors or omissions committed by Contractor or
Contractor's officers, employees or agents in performing Serivices required by this Agreement.
Further, if the policy is on other than an occurrence basis, Contractor shall maintain in full force
and effect such insurance for one year after performance of work under this Agreement is
completed.
(f) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(g) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VII in the latest
edition of Best's Insurance Guide.
(h) Contractor agrees that if it does not keep the aforesaid insurance in full
force and effect City may either immediately terminate this Agreement or, if insurance is
available at a reasonable cost, City may take out the necessary insurance and pay, at
Contractor's expense, the premium thereon.
(i) At all times during the term of this Agreement, Contractor shall maintain
on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, along with a copy of the policy declarations page for each policy,
showing that the aforesaid policies are in effect in the required amounts. Upon request by City,
Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing
that the coverage and policy endorsements required under this Agreement are maintained in
force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk
Manager, such certificate or certificates and a copy of the policy declarations page for each
policy.
0) All of the policies of insurance required by this Agreement shall contain
(1) an endorsement naming the City, its City Council members, officers, officials, employees,
agents, and volunteers as additional insureds; provided, however, an endorsement naming the
City as an additional insured is not required for the Professional Liability Insurance policy, (2) an
endorsement specifically stating that the coverage contained in the policies affords insurance
pursuant to the terms and conditions as set forth in this Agreement.
(k) The insurance provided by Contractor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its City Council
members, officers, officials, employees, agents, or volunteers shall be excess of Contractor's
insurance and shall not contribute with it. The policies of insurance required by this Agreement
shall include provisions for waiver of subrogation. Contractor hereby waives all rights of
subrogation against City, its City Council members, officers, officials, employees, agents, and
volunteers.
(1) Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, Contractor shall either reduce or eliminate the
deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond
guaranteeing payment of losses and expenses.
Section 15. Assignment and Subcontracting. Contractor shall not assign or attempt to
assign any portion of this Agreement, or subcontract any required performance hereunder,
7
without the prior written approval of City. Any assignment or subcontract made in violation of
this section is invalid and void.
Section 16. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California, before three arbitrators. The
arbitrator shall be a retired judge. The arbitration shall be administered by JAMS pursuant to its
Streamlined Arbitration Rules and Procedures. All decisions of the arbitrators shall be in writing,
and the arbitrators shall provide written reasons for their decision. The arbitration decision shall
be final and binding on the Parties. Judgment on the award may be entered in any court having
jurisdiction pursuant to this Agreement. This clause shall not preclude Parties from seeking
provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this
Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior
Court of California, Los Angeles County.
Section 17. Attorneys Fees. In the event a dispute, claim or litigation arises regarding
this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys
fees and actual costs, which may be set by the arbitrators or the court in the same action or in a
separate action brought for that purpose, in addition to any other relief which is obtained.
Section 18. Governing Law. This Agreement shall be interpreted and enforced
according to, and the Parties rights and obligations governed by, the domestic law of the State
of California, without regard. to its laws regarding choice of applicable law.
Section 19. Entire Agreement and Modifications. This Agreement, including
attachments incorporated herein by reference, represents the entire integrated agreement and
understanding between the Parties, and supersedes all prior or contemporaneous negotiations,
representations, agreements, understandings and statements, written or oral. This Agreement
may only be modified by a writing signed by both Parties.
Section 20. Waiver. The waiver by either party of a breach or default by the other
party shall not be deemed a waiver of any different or later breach whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
may have hereunder operate as a waiver of any breach or default of such a right. The failure of
either party to this Agreement to exercise any of its rights under this Agreement does not
constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of
any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed
by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
Section 21. Force Majeure. Neither party shall be considered in default of any of its
obligations under this Agreement when a failure of performance shall be due to an
uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire,
lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal
action, statute, ordinance, or regulation, embargoes of the United States Government or any
other government, which by exercise of due diligence such party could not reasonably have
been expected to avoid and by exercise of due diligence has been unable to overcome. Either
party rendered unable to fulfill any of its obligations under this Agreement by reason of an
uncontrollable force shall give written notice within five (5) business days of such fact to the
other party and shall exercise due diligence to remove such inability with all reasonable
dispatch.
gn
Section 22. City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor.
Section 23. Notices. All notices, approvals, consents and other communications
between the Parties shall be in writing, and shall be sent by certified mail (return receipt
requested) or other delivery service which provides evidence of delivery, using the address set
forth on the Cover Page under "Notice Information - City" or "Notice Information — Contractor,"
as appropriate, or at such other address as may be furnished by either party to the other in
writing. Mailed notices will be deemed communicated as of the day of receipt.
Section 24. Cover Page and Exhibits. The Cover Page and all documents referenced
as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any
material discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 25. Headings. Headings used in this Agreement are for convenience and
ease of reference only and shall not affect the interpretation of the Agreement.
Section 26. Survival of Terms. All of the terms and conditions in this Agreement
related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive
termination of this Agreement.
Section 27. Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 28. Authority to Execute This Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations under this Agreement.
[Signatures Begin on Next Page].
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the
introductory clause.
City of Vernon, a California charter City and
California municipal corporation
By:
HILARIO^ GoNZAL
Mayor
ATTEST:
By
APPROVED AS TO FORM:
Harness Energy, LLC
By:
Name:
Title: 1�PR�cTot` a��ilfs3�P^Fn� i'
By. IlA( U — e4o
Name: TA'J CAPOL10
k
Title: DIROOF Of (INA461AL OPWATIeNJ
10
EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
I. Scope of Services to be performed by Contractor
1.0 Installation Guidelines
Contractor must follow installation guidelines, for erecting Met towers, as stated
below from the NRG TallTower Installation Manuals provided from the NRG Systems Inc.,
website for the following models:
• 5 each NRG-NOW (Item # 4066) System 60m XHD — Symphonie Tall Tower Kit plus
accessories as per the attached NRG Order material list.
• 3 each NRG-NOW (Item # 4258) System 34m — with anchors and gin pole and
Symphonie PLUS Logger Kit (Item # 4291) plus accessories as per the attached NRG
Order material list.
2.1 ADDITIONAL EQUIPMENT SPECIFICS
2.1.1 Bird Diverters
All tower guy wire lines will include City furnished reflective bird diverters.
2.1.2 Anabat Detectors
The City of Vernon's environmental consultant (CH2MHILL) will install Anabat detectors on at a
minimum least three (3) and up to eight (8) designated towers. The Contractor is responsible
for mounting a pulley mechanism on the tower while the tower is on the ground before erection.
Photos of the pulley are shown in bid documents.
3.0 SCOPE OF WORK
The contractor has performed a site visit to determine the best approach for the work.
The contractor has verified that all Met tower locations are accessible via four wheel drive
vehicles. A number of locations will require either tree clearing or temporary
fence removal to perform the work. Contractor shall be responsible for this. All clearing and
fence removal activities shall be performed within the coordination of a CH2MHILL site
representative.
Contractor shall provide off -site storage for the City furnished equipment. Scope includes
receiving, storage, removal from storage, transport to the site locations, and installation of the
tower equipment as further defined herein. Storage shall be a secure and insured facility over
which Contractor shall have complete care, custody, and control of City furnished equipment.
Storage facility is subject to approval by the City.
The City's environmental consultant, CH2M HILL, will conduct a one (1) hour "Tailgate Briefing"
to be conducted upon mobilization at the initial site. A brochure will be provided to the
Contractor to assist in identifying standard habitats and species of concern. The Contractor is
required to cooperate fully with the environmental representative including:
a. Reporting the sighting of any important species, as identified in the briefing and brochure.
b. Stopping work if directed by the City's representative if important biological resources are
threatened. Any such work stoppage will be quickly resolved to allow the restart of work. If
necessary, Contractor should be prepared to move personnel to another tower location in
the event of a short term work stoppage.
11
As part of the tower erection, Contractor shall install City furnished bird diverters (Birdbusters
Firefly Bird Diverter) every 30 feet on each guy wire, starting at a point 30 feet above the
ground.
The Contractor shall provide all necessary tower erection winches, specific tools and
appropriate gin poles specifically fitting the tower bases to perform the work.
The Contractor will mount an Anabat pulley mechanism, furnished by the City, on designated
towers while the tower is on the ground.
Installation of the Anabat detector and commissioning of the Anabat detector will be by
CH2MHILL. The contractor shall coordinate with the Anabat installer to ensure the pulley
operates properly before the tower mast is raised.
Contractor shall limit the area of disturbance around the towers to 300 feet. Contractor shall limit
the clearing of trees to what is absolutely necessary to layout and assemble the Met towers
prior to erection, and return the area to as close as possible to its natural state prior to the start
of work. Any vegetation or trees that are cleared should be distributed around the site so that it
will not create any future health and safety hazard, or be placed in any sensitive area, or block
access for wildlife movement.
3.1 PARTS SUPPLY LIST
3.1.1 60 Meter Tower
Quantity Description
5 NRG-Now System 60M XHD — Symphonie TallTower Kit (pallet)
5 NRG-Now System 60M XHD — Calibrated-Symphonie-PLUS Logger Kit
5 NRG-Now System 60M XHD — Calibrated-Symphonie Sensor Kit, Long Booms
5 Symphonie iPack for Iridium Satellite Phone, w/PV
2 NRG #BP20 Barometric Pressure Sensor
2 Symphonie SCM Card for BP20
2 Li-Cor #LI-200SZ Pyranometer
2 Boom - Pyranometer/Antenna, .52 M (20.5"), Galvanized, with clamps
2 Symphonie SCM Card for Licor Pyranometer (L1200SZ)
2 NRG #110S Temperature Sensor with Radiation Shield
2 Symphonie SCM card for #110S
2 Sensor cable, 3C,20 Ga, 67m, (219.8'), for 60m level
3.1.2 34 Meter Tower
Quantity Description
3 NRG-Now System 34M Symphonie-PLUS Logger Kit
3 NRG-Now System 34M Tower Kit (pallet) with anchors and gin pole
3 NRG-Now System 34M Sensor Kit
3 Symphonie iPack GPS (Iridium)- Windlinx Ready w/PV
3.1.3 Bird Flight Diverters
Quantity Description
TBD Birdbusters Fixed FireFly 1/4 " / 3/16" Model
3.1.4 Pulleys for Anabat Detector
Quantity Description
3 Pulley and Attaching Hardware
12
3.2 TOWER DESIGNATIONS
Tower System
V-1 NRG 60-m NOW
V-3 NRG 60-m NOW
V-4 NRG 60-m NOW
V-5 NRG 60-m NOW
V-13 NRG 60-m NOW
V-10 NRG 34-m NOW
V-11 b NRG 34-m NOW
V-12 NRG 34-m NOW
3.3 NEW TOWER LOCATIONS
#
Lat (N)
long (W)
V-1
350
24.511'
1180
16.925' 60 $
V-3
350
18.749'
1180
16.124' 60 $
V-4
35"
18.444'
1180
16.154' 60 $
V-5
350
21.346'
1180
14.916' 60 $
V-13
350
18.361'
1180
15.354' 60
V-10
350
21.750'
1180
06.345' 30 $
V-11 b
350
25.113'
1180
06.104' 30 $
V-12
350
26.483'
1180
05.791' 30 $
3.4 TOWER ANCHOR PULL TEST
The Contractor is responsible for performing a pull test, with a calibrated measuring device, to
confirm each anchor meets the criterion for acceptance. The test is to be performed after
installation of the anchor and before attaching the guy wire. The Contractor shall document that
each and every anchor successfully passed the pull test with the minimum pull value listed
below. Documentation is to be provided to the City at the completion of the work. If any anchor
fails to meet the acceptance criterion, the City is to be informed before erection of the affected
tower proceeds. The City will perform further evaluation of the actual installed anchor.
3.4.1 60 Meter Tower Pull Test Criteria
The acceptance criterion for each anchor is as follows:
1. For the inner anchors, the minimum pull is 1600 Ibs at 23 degrees to the horizontal.
2. For middle anchors, the minimum pull is 1800 Ibs at 36 degrees to the horizontal.
3. For outer anchors, the minimum pull is 3000 Ibs at 44 degrees to the horizontal..
3.4.2 34 Meter Tower Pull Test Criteria
The acceptance criterion for each anchor is a minimum pull of 2500 Ibs at 44 degrees to the
horizontal.
4.0 OPERATION AND MAINTENANCE
Contractor will be responsible for commissioning and startup the new Met towers after
installation.
Proper functioning of all equipment shall be demonstrated to the City's representative.
13
EXHIBIT B
EXHIBIT B
HOURLY RATE AND EXPENSES
The following table presents the total fixed price that we propose to charge Vernon.
Bid price includes the receipt, storage, transportation, and installation of City furnished
equipment/components and all equipment/materials not furnished by the City necessary to
complete the work including all labor, payroll burden, tools, equipment, apparatus, facilities,
transportation insurance, site access and other services necessary to complete in every
aspect the scope of work in this RFP ( See Attachment 1).
Firm -fixed price (not subject to economic price adjustment) to perform all the work required
to install eight (8) New Meteorological Towers and related equipment, all as defined in the
Scope of Work document and this RFP (See Attachment 1):
TOTAL FIRM -FIXED PRICE: ($ 91,314 ) US Dollars.
In Words: Ninety one thousand three hundred and fourteen
Fixed Price Break down:
Installation and Startup of New Towers
Tower#
Latitude (N)
Longitude (W)
Meters
Price
V-1
35-24.511'
1180 16.925'
60
$ 19,008
V-3
35-18.749'
1180 16.124'
60
$ 11,008
V-4
35-18.444'
1180 16.154'
60
$ 16,008
V-5
35-21.346'
1180 14.916'
60
$ 11,008
V-10
35-21.750'
1180 06.345'
30
$ 7,758
V-11 b
35-25.113'
1180 06.104'
30
$ 7,758
V-12
35-26.483'
1180 05.791'
30
$ 7,758
V-13
35-18.361'
11 8u 15.354'
60
$ 11,008
Total $ 91,314
14
Attachment 1: Request for Proposal Acknowledgment
REQUEST PROPOSAL ACKNOWLEDGEMENT
CITY RETAINED LANDS PROJECT
KERN COUNTY, CALIFORNIA
INSTALLATION OF NEW TOWERS AND EQUIPMENT
PROPOSALFORM
BIDDER:lirC��1i�- .
(Bidder fill-in)
DATE: Z- Z-
(Bldder Il-in)
Contents
1.General
2.Proposal Pricing
3.Performance of Work by Subcontractors
4.Performance Schedule
5.Proposal Validity
6.Technical Data
7.Additional Information To Be Submitted With Proposal
81abor
9.Bidder's Certifications
City Retained Lands Project
City of Vernon - Request Proposal Acknowledgement Form Pagel
1.0 GENERAL
1.1 Bidder's proposal shall include each and every item of material, labor and services
covered by this Request for proposal.
1:2 Bidder shall fill-in and complete all blank spaces provided herein and shall supply
complete additional information as required herein, on separate sheets of paper
attached hereto as may be necessary.
1.2.1 Any deviation from the specified requirements must be identified specifically in
a list of exceptions from the specification included on Proposal Schedule VI,
Exceptions, Including the reasons for the deviation as well as a description of
what is to be supplied.
1.2.2 Exceptions to the terms, conditions and/or the requirements of this Request for
Proposal are discouraged and may result, at City's sole discretion, in the
disqualification of your proposal
1.3 Bidder's Base Proposal Pricing Sheets shall be submitted as required by the Instructions
for the Preparation of Construction Proposals.
1.4 Omission of, or gross errors in, prices and other information required may be sufficient
cause for Bidder's proposal to be rejected.
1.5 Base proposal pricing sheets shall be submitted in accordance with the Instructions for
the Preparation of Construction Proposals, and the instructions provided in Section 2.0
below, of this proposal form.
2.0 PROPOSAL PRICING
The total Base Proposal Price shall be as shown on Proposal Schedule 11, Pricing.
2.1 Bidder's prices quoted in this section shall be firm -fixed price for the duration of the
project and shall cover the furnishing of all equipment, materials, labor, supervision,
testing and other services as may be required by the Contract Documents and shall
include all costs associated therewith including taxes, insurance, permits, fees, etc.
2.2 The rates for additions and deletions shown herein, Options for Additions or Deletions,
will apply to changes requested by City. The rates shall be all inclusive and represent
the total cost of markups to the City for additions to or deductions from the contract
price.
City Retained Lands Project
City of Vernon — Request Proposal Acknowledgement Form Page 2
3.0 PERFORMANCE OR WORK BY SUBCONTRACTORS
3.1 If Bidder intends to subcontract a portion of the work, Bidder shall identify the firms and
provide a detailed description of work to be performed.
3.2 Should the Bidder elect to subcontract a portion of the work it shall ensure that the
Subcontractors agree to perform the work in strict accordance with this Agreement,
whether or not reference is made to the bidder's subcontractor in a particular provision.
4.0 PERFORMANCE SCHEDULE
4.1 Bidder shall commence and prosecute the work in such a manner that the events and
dates for commencement and completion of work shown on Proposal Schedule 1,
Schedule of Performance, are achieved. All shown are to be considered material and It
is imperative that they are achieved.
4.2 _ The schedule is a demand schedule, without respect to the work to be performed.
Bidder must agree that compensation to Bidder as proposed in Proposal Schedule II,
Pricing, is sufficient to enable performance of work within the specified time. Any
overtime, premium procurement costs, etc., must be included in the total base price
proposed.
4.3 Location of Work — Various Sites located in Kern County California
5.0 PROPOSAL VaLIDITY
This proposal is valid for acceptance for 90 days from the due date of the proposal.
6.0 TECHNICAL DATA
None
7.0 ADDITIONAL INFORMATION TO BE SUBMITTED WITH PROPOSAL.
Each Bidder shall submit the following additional information with this proposal.
7.1 A list of related project experience over the past five years, including scope description,
location, client, dollar amount, and name and telephone number of client contact who
may be contacted for reference.
7.2 Applicable California State Contractor License Number, Class and Status.
7.3 A brief narrative description of the Bidder's approach to the work. Example: number of
crews, typical number of days to install complete, etc.
7.4 Construction tools and equipment necessary to perform the work.
7.5 Warehouse location for storing the City Furnished Material and Equipment.
City Retained Lands Project
City of Vernon- Request Proposal Acknowledgement Form Page 3
8.0 LABOR
Construction Labor performed on site shall be by merit shop and such Contractor is responsible
for. providing a sufficient supply of labor to perform the work and within theschedule herein,
and to provide sufficient competent supervision to direct and manage the labor force to obtain
the contractual schedule. Contractor shall be responsible for all labor relations, and is
responsible for preventing and / or mitigating labor disputes and disturbances.
9.0 BIDDER'S CERTIFICATIONS
9.1 Bidder shall make all Representations and Certifications required herein or otherwise
required by law.
9.2 The Bidder certifies that this offer is based upon all the- requirements of the RFP and all
the requirements of the Specification(s) and the Contract Drawings (if any) have been
fully considered and that the Specifications) and the Contract Drawings contain all the
necessary information required for performance of the work herein, except a specifically
identified in Proposal Schedule, Exceptions.
Additionally, the bid prices contained herein are firm and not subject to escalation and
have. been carefully checked, are submitted as correct and final in accordance with this
Inquiry and all attachments hereto.
The Bidder further certifies that is has fully considered the Contract and Special
Conditions contained in the RFP and hereby agrees to commence work in strict
accordance with all the provisions contained therein immediately upon notice of award.
9.3 Submittal of a proposal demonstrates that Bidder has taken into consideration all site
conditions, seasonal weather conditions, has investigated and satisfied Itself as to the
conditions affecting the work, Including but not restricted tothose bearing upon
transportation handling and storage of materials, availability of labor, water, power,
and other physical conditions at the Project Site, plus the conditions, character, quality
of surface and subsurface materials or obstacles to be encountered insofar as this
information is ascertainable from an inspection of the Project Site and related available
documents, as well as from information presented by the specifications and drawings
made part hereof.
Failure by the Bidder to become acquired with the Project Site conditions shall not
relieve Bidder from responsibility for successfully performed the work. In no event.will
failure to Inspect adequately the Project Sites and related conditions constitutes
grounds for a claim after Contract execution.
City Retained Lands Project
City of Vernon - Request Proposal Acknowledgement Form Page 4
State of California Contractors License
Bidder hereby certifies that it is qualified to perform work in the State of California and has the
required licenses and/or registrations required law.
Name and Address of Off -Site Warehouse:
Please disregard
AO
Correct Address:
Harness Energy
1801 Sabovich
Unit 85-C
Mojave, CA 93501
Edited by: Taj Capozzola
Date: April 4, 2011
The City of Vernon promotes safe work practices. Bidder shall include with its bid a copy of its
Safety Plan, and shall comply with all the Safety and Health requirements Included in the RFP.
BIDDER
f
SIGNATURE 1zud�_ l
NAME
TITLE
DATE(��f
TELEPHONE NO. C`O 2jY, c.
EMAIL: Or 9 ft `h%� Swore\ Wuc/,. CPOA
T
City Retained Lands Project
City of Vernon - Request Proposal Acknowledgement Form Page 5
PROPOSAL SCHEDULE II
CONTRACT PRICING
LUMP SUM
1.0 BID PRICE
A lump Sum firm fixed price is required for the Scope of Work detailed in the RFP Document and in
accordance with all attachments.
Bid price includes the receipt, storage, transportation, and installation of City furnished
equipment/components and all, equipment/matarials not fumished by the City necessary to complete
the work including all labor, payroll burden, tools; equipment, apparatus, facilities, transportation
insurance, site access and other services necessary to complete in every aspect the scope of work In
this RFP.
Firm -fixed price (not subject to economic price adjustment) to perform all the work required to install
eight (8) New Meteorological Towers and related equipment, all as defined in the Scope of Work
document and this RFP:
TOTAL FIRM -FIXED PRICE: ($ �'�.� ? US Dollars.
In Words: i � c� V allot) aut l 4ylree, h Uil6al au(T W -tPel)
Fixed Price Break down:
Installation and Startup of New Towers
Tower#
Latitude (N)
Longitude (W)
Meters
Price
V-1
35-24.511'
1180 16.925'
60
(�
$ cog
V:3
35 -18.749'
118 16.124'
60
$ OOS
V-4
35-18.444'
118P 16.154'
60
$
V_5
35-21.346'
118 14.9IV
60
$IL 00
V 10
35-21.750'
11 8u 06.345'
30
$
V-11 b
35-25.113'
118u 06.104'
30
$ ,
V-12
35-26.483'
198 05.791'
30
$ } ��
V-13
35-18.361'
118 15.354'
60
$�
Total
r
City Retainqd Lands Project
City of Vernon Request Proposal Acknowledgement Form Page 6
2.0 RATES FOR EXTRA WORK
Labor rate and markups for all changes in the work resulting from additions or deletions specified
by City and not covered by lump sum pricing.
Labo— r___ Rat®'
Man hour labor rate is fully burdened and includes all fringes, travel, small tools, FICA, SUI, FUI,
and Workmen's Compensation and other labor dependent insurances. Rate shall be a composite
crew rate based on ration or actual Crew on Site. (,
$ I�) �Total billable dollar per hour
Overhead and Profit (OH&P) Parcentaue Nlultioliers
The following percentage multiplier shall be used to reflect markups for overhead and profit on
changes authorized by City. Markups shall be applied to the reasonable direct costs which do not
include any Contractor percentage margin for overhead and profit. The markups shall be used to
compute the total cost of the change. The following definitions apply.
Direct Cost Any cost that is specifically identified with a final cost objective such as labor,
material and equipment, but not to include minor efforts such as drawing reproduction or proposal
preparations.
Overhead Any indirect cost not directly identified with a single final cost objective.
Contractor's main office overhead, job office overhead, liability and auto insurance, field
engineering and superintendence at indirect costs. Minor efforts such as proposal preparation,
drawing production, as-builts, clean-up and additional bonding cost are to be included in the
overhead rate.
percentage multiplier for OH & P for added or deleted work, performed by Contractor
City Retained Lands Project
City of Vernon - Request Proposal Acknowledgement Form Page 7
PROPOSAL SCHEDULE
REPRESENTATIONS AND CERTIFICATIONS
1.0 SMALL BUSINESS CONCERN REPRESENTATION
The Bidder represents and c ,'fies as part of its offer that it — Is, is not small business, it — is, is, A is not a small disadvantaged
Business concern, it— is, is note Woman owned business, and that_ ali, not all end items to be furnished will be manufactured or
produced by a small business concern in the United States, its territories or possessions, Puerto Rico, or the Trust Territory of It he Pacific Islands.
"Small business concerns,' as used in this provision, means a concern, including its affiliates that is independently owned and operated, not
dominant in the field of operations in which it is bidding on a Government -funded contracts, and qualified as a small business under the size
standard to the solicitation.
(a) Definitions—
1. "Small business concern' means a concern, inducing its affiliates, that Is Independently owned and operated, not dominant In the field of
operation in which R Is bidding on government contracts, and qualified as a small business under the criteria and size standards In 13
CFR Part 121("a 19.102)
2. Small disadvantaged business concern is (a) at least 51 percent unconditionally owned by one or more individuals who are both socially
and economically disadvantaged, or (b) a publicly owned business haft at least 51 percent of its stock unconditionally owned by one
or more Individuals who are both socially and economically disadvantaged, or (c) at least 51 percent unconditionally owned by an
economically disadvantaged Indian its or Native Hawaiian Organization, which has its management and daily business controlled by
such individuals.
3. Woman -owned business concern is at least 51 percent owned by one or more women or in the case of any publicity owned business, at -
least 51 percent of its stock is owned by one or more women, which has Its management and daily business conf sled by such
individuals
zo TYPE OF BUSINESS ORGANIZATION
The Bidder or bidder, represents that (a) it operates as X a corporation under the laws of the State of '� -`��1 or — an
Individual. —a partnership, —a nonprofit organization, or that of a jointventure.
3.0 CONTINGENT FEE REPRESENTATION AND AGREEMENT
.(a) Representation. Bidder represents that, except for full-time bona ante employees working solely for the offeror, the Offeror—
(1) —has, Ahas not employed or retained any person or company to solicit orobtain this contact, and
(2) _ has, I has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract, any
commission, percentage, brokerage, or other fee contingent upon or resulting from the award of the contract.
4.0 CERTIFICATION OF NONSEGREGATED FACIUTiES
(a) "Segregated facilitles,° as used In the provision, means any waiting rooms, work areas, rest rooms, arid wash rooms, restaurants and other
eating areas, time docks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of
race, color, religion, or national origin because of habit, local custom, or otherwise.
(b) By the submission of this offer, the offeror certifies that a does not and wig not maintain or provide for its employees any segregated fadtities at
any of Its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where
segregated facilities are maintained. The Offeror agrees that a breach of this certification Is a violation of the equal Opportunity clause in the
contract
(c) The Bidder further agrees that (except where it has obtained Identical certifications from proposed subcontractors for specific Ome periods) it
Will _
City Retained Lands Project
City of Vernon Request Proposal Acknowledgement Form Page 8
(1) Obtain Identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be
subject to the Equal Opportunity louse;
(2) Retain the Certifications in the gas: and
(3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical
certificaBorhs for sWilic time periods}:
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEOREATED FACILITIES
A Certification of Non -segregated Facilities must be submitted before the ward of a suboontm6k under which the subcontractor will be subject to the Equal
Opportunity clause; The certificallm may Ire submitted whither for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannaaily, or'
annually).
&0 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS
The Bidder repres ts that -
(a) It — hes has not participated In a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation,
the clause odgfnatiy contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201, of Executive Order
111f4:
(b) It —has, X has not filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract
awards.
6.0 AFFIRMATIVE AQjION COMPLIANCE
The Bidder represents that (a) it _ has developed and has on fife, _ has not developed and does not have on file, t ach establishment,
tion affirmative acprograms required by the rules and regulations of the Secretary of Labor (41 CFR 60.1 and 60-2), or (b) it has not previously
had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
7.0 SIGNATUREICERTIFICATION
By signing below, the Bidder cedfunder penalty of law, that the representations and certifications are accurate, current, and complete. The
Bidder further certifie at it twit• tify 4 City of any changes to these representations and certifications.
Signature of a (Acer or Employee Date of Execution
Responsible for the Proposal
Typed Neme TiOe
Name of Organization
Street Address
Co $C07-
City, State and Zip
City Retained Lands Project
City of Vernon - Request Proposal Acknowledgement Form Page 9
Attachment 2: Met Tower Site Photos
16
f;J
-44
iW
J
¢p t ii
Y
,' T
i 3
t
'SY t
!
p 1'
v
O
c
LL
M
7
c
L.
N
3
0
Z
LL
t
)
Q
LL
1
qv
r
f/
4 f
t
+
f
i
�i
AA11$
1'
i
Y ry,
r
4)
i
4
3
O
H
co
,�,. �.,
.;; ��.
>y�
3
E N
co
Q O
E
ug
Q
_
0
' 3
d a y
o sOC
oc
s
o ?
2 z w
z
N
as
�. �.
Y
aaRai® �t
F W 1.5
O O 2
u o o N;l g 5
W
¢
so
v s
� Ib
S
J ON 2 7 4LL1
W, Y O W
3
U O '
Q p
m N o W W W W W f2 O m 7
a a a
U O� U
y i E
wF a
o z
Lu
w aw.I -D D M o Ed a
-`
=�a4
"Up
yJ
o m u9
=�CO'NNN NNI-NLLLLN
y¢ ¢
asjo
F -100 i.
I I �I�
m0 �.L
K
Z N>
e
t
{ tt
/
wl
I, � q�mv
�
��� ��)F � �_�
�4 -.y � I
f
r st
rf
Ol
fill
t
�
�lr
N'
f
i
f
I
Sfp
,
i
� L• I
�Ia
� f i � 'f
' � 5
1ri
REC�VED
MBAR 2 4 2011
R
MAR 2 2011 CITY ADMINISTRATION
cIV cawSQVVICE STAFF REPORT
LIGHT & POWER
DATE: March 24, 2011
TO: Honorable Mayor and City Council
FROM: Carlos Fandino, Director of Light &Power
RE: City Retained lands Project -'Award of a Contract to Harness Energy, LLC
for the installation of eight (8) each Meteorological Towers on the City of
Vernon property in Tehachapi.
The Department of Light & Power would like to engage Harness Energy to provide their
installation services for the installation of eight (8) each meteorological towers in the
retained wind lands in Tehachapi. The lump sum contract is for storage, erection and
commissioning services only. The meteorological towers are being purchased
separately from NRG by the City and will be provided to Harness at the time of
installation at their warehouse location. The lump sum cost is $91,314.
The details of the services to be provided by Harness Energy not limited to, the
following:
1. Receipt of the NRG meteorological towers, purchased separately by the City,
from the supplier and storage, care custody and control at the designated
Harness Energy warehouse; and
2. Erection of the eight (8) each towers in accordance with the attached latitude and
longitude coordinates and map prepared by V-Bar; and
3. Commissioning of the eight (8) each towers in accordance with NRG and V-bar
requirements, including the installation of AnaBat detectors and bird flight
diverters purchased separately by the City.
Recommendation:
am recommending the City Council approve the attached Service Agreement with
Harness Energy, LLC at the next Council meeting which is Tuesday, April 5, 2011.
Fiscal Impact:
It is anticipated the cost of these consulting services will not exceed $91,314.
C F: jv
Attachment
Mh
INTEROFFICE MEMORANDUM
Light & Power Department
DATE: March 24, 2011
TO: Carlos Fandino Jr.
Director of Light & Power
FROM: Javier Valdez fMu'pervisor
Business & Accounts
SUBJECT: Harness Energy, LLC. Service Agreement
The Department of Light & Power would like to engage Harness Energy to provide their
installation services for the installation of eight (8) each meteorological towers in the
retained wind lands in Tehachapi. The lump sum contract is for storage, erection and
commissioning services only. The meteorological towers are being purchased
separately from NRG by the City and will be provided to Harness at the time of
installation at their warehouse location. The lump sum cost is $91,314.
The details of the services to be provided by Harness Energy not limited to, the
following:
1. Receipt of the NRG meteorological towers, purchased separately by the City,
from the supplier and storage, care custody and control at the designated
Harness Energy warehouse; and
2. Erection of the eight (8) each towers in accordance with the attached latitude and
longitude coordinates and map prepared by V-Bar; and
3. Commissioning of the eight (8) each towers in accordance with NRG and V-bar
requirements, including the installation of AnaBat detectors and bird flight
diverters purchased separately by the City.
Recommendation:
am recommending the City Council approve the attached Service Agreement with
Harness Energy, LLC at the next Council meeting which is Tuesday, April 5, 2011.
Fiscal Impact:
It is anticipated the cost of these consulting services will not exceed $91,314
CF:jv
Attachment
RECEIVED
MAP 2 2 2011
LIGHT & POWER DEPT.
�VF�LY l[lOJ
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: March 22, 2011
TO: Javier Valdez, Business & Accounts Supervisor_
FROM: Willard G. Yamaguchi, Interim City Attorne
RE: Harness Energy, LLC Services Agreement
I have received and reviewed your Memorandum dated March 8, 2011,
regarding and the attachments thereto. I have the following
suggested changes:
Cover Page - Please add: Records Retention Period - 3 years
Page 7, Insurance - Contractors minimum limit for Professional
Liability should be I million dollars.
Page 8, Section 16 - Arbitration and Venue clause should read:
Any dispute, claim or controversy arising out of or relating to
this Agreement or the breach, termination, enforcement,
interpretation or validity thereof, including ;the determination of
the scope or applicability of this Agreement to arbitrate, shall
be determined by arbitration in Los Angeles, California. The
arbitrator shall be a retired judge. The arbitration shall be
administered by JAMS pursuant to its Streamlined Arbitration Rules
and Procedures. All decisions of the arbitrator shall be in
writing, and the arbitrator shall provide written reasons for
their decision. The arbitration decision shall be final and
binding on the Parties. Judgment on the award may be entered in
any court having jurisdiction pursuant to this Agreement. This
clause shall not preclude Parties from seeking provisional
remedies in aid of arbitration from a court having jurisdiction
pursuant to this Agreement. The exclusive jurisdiction and venue
under this Agreement shall be the Superior Court of California,
Los Angeles County.
Page 10, Signatures - The contractor should follow the attached
signature requirements when executing the
agreement.
Otherwise the Services Agreement is approved as to form.
WY:em
Page 1 of 1
Juarez, Debbie
From: Mermis, Michelle
Sent: Thursday, April 28, 2011 4:14 PM.
To: Valdez, Javier
Cc:'akriedeman.arrow06@insuremail.net'; 'Taj Capozzola'; Juarez, Debbie
Subject: RE: Cert for Harness Energy
Harness Insurance has been approved. Please make sure we receive the updated Certificate
for General Liability/Dec Page or Binder and Additional Insured Endorsement before expiration
date of May 7, 2011.
Thanks,
Michelle
From: akriedeman.arrow06 [mailto:akriedeman.arrow06@insuremail.net]
Sent: Thursday, April 28, 2011 3:33
To: Mermis, Michelle
Subject: RE: Cert for Harness Energy
thanks
From: Mermis, Michelle[mailto:mmermis@ci.vernon.ca.us]
Sent: Thursday, April 28, 2011 4:28 PM
To: akriedeman.arrow06@insuremail.net
Cc: Valdez, Javier
Subject: RE: Cert for Harness Energy
As soon as the Risk Manager comes in today I will have him look over for approval.
From: akriedeman.arrow06 [mailto:akriedeman.arrow06@insuremail.net]
Sent: Thursday, April 28, .2011 2:15
To: Mermis, Michelle
Subject: Cert for Harness Energy
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or
previous e-mail messages attached to it may contain confidential information that is legally
privileged. If you are not the intended recipient, or a person responsible for delivering it to the
intended recipient, you are hereby notified that any disclosure, copying, distribution or use of
any of the information contained in or attached to this transmission is STRICTLY
PROHIBITED. If you have received this transmission in error, please immediately notify the
sender. Please destroy the original transmission and its attachments without reading or saving in
any manner.
4/28/2011