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Resolution No. 2011-071RESOLUTION NO. 2011-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ACCEPTING THE NOVATION OF CH2MHILL, INC. FROM CH2MHILL, INC. TO CH2MHILL ENGINEERS, INC. AND AUTHORIZING THE EXECUTION OF TASK ORDER NO. 2011-1 TO THE STANDARD MASTER AGREEMENT, BY AND BETWEEN THE CITY OF VERNON AND CH2MHILL ENGINEERS, INC. WHEREAS, on February 23, 2009, the City Council of the City of Vernon adopted Resolution No. 9866 approving a Standard Master Agreement (the "Agreement"), with CH2MHILL, Inc., to provide environmental and engineering support and related services, as well as construction management services, in connection with power and energy projects on a task basis; and WHEREAS, on October 19, 2009, the City Council of the City of Vernon adopted Resolution No. 10,081 approving Task Order No. 1., Modification B to the Agreement; and WHEREAS, City Staff has received a request for consent to novate CH2MHill's Agreement from CH2MHill, Inc. to CH2MHill Engineers, Inc. ("CH2MHill Engineers"); and WHEREAS, CH2MHill Engineers will assume all obligations under the Agreement with the same terms and conditions; and WHEREAS, on April 19, 2011 the City Council of the City of Vernon approved Task Order No. 2011-1 with CH2MHill Engineers for additional funds to cover the activities as part of the ongoing support for the development and permitting of the City's wind energy project in an amount not to exceed $505,133.00, subject to a contract to be drafted by the City Attorney and executed by both parties; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (b)(1) and (7) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to approve Task Order No. 2011-1 to the Agreement with CH2MHILL Engineers to provide professional and consulting services for the ongoing support of the development of wind energy resources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby accepts the request for consent to novate CH2MHill, Inc. from CH2MHill, Inc. to CH2MHill Engineers, Inc., a copy of which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby approves Task Order No. 2011-1, with CH2MHill Engineers, Inc., a copy of which is attached hereto as Exhibit B. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the request for consent to novate and Task Order No. 2011-1 for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto. SECTION 5: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. 2 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 request for consent to novate and Task Order No. 2011-1 to CH2MHILL Engineers, Inc. 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 3Id day of May, 2011. ATTT: ,WMWAi1AW/1��.�' Name: Hilario Gonzales Title: Mayor /g�r - 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. 2011-71, 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, May 3, 2011, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this T day of May, 2011, at Vernon, California. (SEAL) �-izy t-:ierx 4 EXHIBIT A CH2M HILL 222 East Carrillo, Suite 207 Santa Barbara, CA 93101 CH21WHILL Tel 805.568.3811 AW February 23, 2011 Mr. Carlos Fandino Director of Power & Light City of Vernon 4305 South Santa Fe Avenue Vernon, CA 90058-1714 SUBJECT: Request for Notification and Consent to Novate CH2M HILL's City of Vernon - Master Professional Services Agreement, dated February 23, 2009 ("Contract"), from CH2M HILL, Inc. to CH2M HILL Engineers, Inc. Dear Javier: As we discussed, CH2M HILL has decided to restructure our approach to delivering U.S. Federal and Non -Federal work. CH2M HILL conducts business in both U.S. Federal and Non - Federal (commercial) markets, and until now, a significant portion of our Non -Federal business has been housed in the same entities that were set up to satisfy the regulated U.S. Federal market. With this. in mind, CH2M HILL's leadership has decided to move our commercial work out of U.S. Federal entities and into Non -Federal (commercial) entities. Effective upon the date of City approval, CH2M HILL will novate the Contract from CH2M HILL, Inc. (INC) to CH2M HILL Engineers, Inc. (CHE). CHE will assume all of the rights, benefits and liabilities under -the Contract. CHE will ensure the following upon the effective date of the assignment: • There will be no change in personnel assigned to your project. • There will be no interruption in continuity of service. • All contractual obligations will continue to be delivered and satisfied. Pursuant to and in accordance with Article 6.9 Assignment of the Master Services Agreement, this letter constitutes CH2M HILL's request for consent of CH2M HILL's novation of the Contract from INC to CHE. Please provide your consent to and approval of Contract assignment to CHE by executing the consent block below and emailing an executed copy back to Jennifer Scholl's attention: jennifer.scholl@ch2m.com. REVISED 4M2011 City of Vernon February 23, 2011 Page 2 If you have any questions about this request, please contact Jennifer Scholl or Jessica Kinnahan at (805) 568-0650. Sincerely, CH2M HILL Engineers, Inc. By: Name: Chris Shea Title: Vice President, Environmental Services Phone: (720) 286-3136 Fax: (720) 286-9250 Email: Chris.Shea@ch2m.com Sincerely, CH2M HILL, Inc. By: Name: Mark L. Bricker Title: Vice President, Environmental Services Phone: (425) 233-3294 Fax: (425) 468-3100 Email: Mark.Bricker@ch2m.com The City of Vernon hereby consents to and approves of assignment of the contract from CH2M HILL, INC. to CH2M HILL Engineers, INC, effective , 2011. City of Vernon: By: Name: Title: Phone: Fax: Email: REVISED 41712011 EXHiBTT B TASK ORDER NO. 2011-1 THIS TASK ORDER IS ISSUED PURSUANT TO THE STANDARD MASTER AGREEMENT BETWEEN C112M HILL ENGINEERS, INC. AND THE CITY OF VERNON FOR PROFESSIONAL SERVICES DATED MARCH 4, 2009, AS AMENDED IN APRIL 2011 ("AGREEMENT") The City of Vernon Renewable Energy Lands Project (VREL), which is incorporated herein by this reference, with respect to the ("Project") to provide ongoing support for the development and permitting of wind energy generation on lands subject to the existing and future control of the City located in the Kelso Valley, Kern County, California. Specific Services: Provide services as described in the attached proposal dated March 21, 2011 (the "Proposal'), attached hereto and incorporated herein by this reference. Compensation Provisions: Time and materials basis at rates set forth in the Proposal in an amount not to exceed $505,133 unless previously approved by the City in writing. Work Schedule: As set forth in the proposal, Task Order No. 2011-1 covers the following activities necessary to comply with local, state or federal requirements related to the Endangered Species Act (ESA), the California Endangered Species (CESA) and the California Environmental Quality Act (CEQA): Activity 1- Project Description Development; Activity 2 - Biological Resource Mobilization; Activity 3 - Habitat Characterization; Activity 4 - Met Tower/AnaBat Installation; Activity 5 - Permit Planning/Support; Activity 6 - GIS Analysis/Support; and Activity 7 - Project Management. The Authorized Representatives designated below are authorized to act with, respect to Task Order. Communications between the parties shall be between parties and their consultants or subcontractors shall be through the Authorized Representatives: For CH2M HILL Engineers, INC. For the Client Name: Mark L. Bricker Name: Carlos Fandino, Director of Power & Light Address: 1100 112t' Ave. NE, Ste 400 Address: 4305 Santa Fe Avenue, Bellevue, WA 98004 Vernon, CA 90058 Telephone: 425-233-3294 Telephone: 323-583-1811 Except as specifically modified in this Task Order No. 2011-1, all terms and conditions set forth in the Agreement remain in full force and effect. This Task Order No. 2011-1, will be effective April 19, 2011. Accepted for CH2M HILL Engineers, INC. by: Accepted for Client by: Name: Mark L. Bricker Name:esAitie Hilario Gonzales Title: Vice President, Environmental Services Title: Difeetef of Light& PeweF Mayor ATTEST: Willard G. Yamaguchi, City Clerk City of Vernon Renewable Energy Land (VREL) ATTACHMENT A Scope of Work General Scope This Scope of Work (SOW) describes the activities that CH2M HILL will complete on behalf of the City, from April 2011 through July 2011. Activities outlined within this SOW are necessary to maintain the asset value, support future permitting with Kern County, state and federal agencies (e.g., Endangered Species Act [ESA], the California Endangered Species Act [CESA] and the California Environmental Quality Act [CEQA]. Activities covered within this scope of work cover a period of approximately 4 months, as'identified in Table 1, and are presented to allow flexibility with work delivery with the understanding that supplemental scopes of work will be required to cover subsequent phases of ongoing VREL development. TABLE 1 CH2M HILL Proposed SOW - City of Vernon Renewable Energy Land Develo ment Support Activity No. Task Anticipated Timing for Implementation 1 Project Definition April 2011 to July 2011 2 Biological Resource Mobilization Activities April 2011 to June 2011 3 Habitat Characterization April 2011 to May 2011 4 Met Tower/AnaBat Installation Late -April to Late -May 2011 5 Permit Planning/Support April 2011 to July 2011 g GIS Analysis/Support — Critigen April 2011 to July 2011 7 Project Administration April 2011 to July 2011 General Assumptions General SOW assumptions: • The SOW covers the initial phase (Phase I - April 2011 through July 2011) of VREL development. Supplemental scopes of work are anticipated to be required to cover the next phase of ongoing activities, with the first supplemental scope to be submitted in early -May 2011. • In order to meet the CiVs expectations, CH2M HILL may rely on specialized subcontractors to support data collection and reporting requirements. • CH2M HILL directly contracts with Critigen (CH2M HILL former entity) for GIS-related tasks and services. • Site access will continue to be authorized by the City through coordination with Renewable Resources Group, Inc. and NextEra Energy Resources. • CH2M HILL will address one round of consolidated City Team comments on each draft deliverable. Draft deliverables will be provided in electronic format. Final deliverables COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL ATTACHMENT A - SCOPE OF WORK CITY OF VERNON -VREL MARCH 21, 2011 will be provided in hard copy (up to five copies) and uploaded to the Project SharePoint site. • Meetings minutes/notes will be delivered in electronic format. • A Trimble Geo XT sub -meter accuracy global positioning system (GPS) unit will be used for data collection during all field work. • CH2M HILL staff and subcontractor safety will be the highest priority. Project team members, including subcontractors, will be required to comply with CH2M HILL's VREL Health and Safety Plan. The CH2M HILL Field Safety Coordinator will implement the Plan and day-to-day safety oversight will occur concurrently with survey efforts. Additional task -specific assumptions are presented in the respective descriptions for Tasks 1 through 7 described below.. Task 1: Project Definition CH2M HILL will provide support to the City for developing a site layout for wind development on lands controlled by the City. CH2M HILL will collaborate with the City of Vernon technical staff and WAR, wind resource specialists, to develop the site layout. CH2M HILL's technical team will rely upon Critigen (see Task 6 below) for GIS support and on CH2M HILL Engineers (CHE) for wind energy engineering support to develop a site layout that.can be used to comply with regulatory agency requirements for the implementation of a wind energy facility. Project components to be defined include wind turbine generator (WTG) arrays, access roads, collector lines, generation interconnection, collector substations, concrete batch plants, construction staging areas, water storage areas, and operation and maintenance facilities. Assumptions • All data collected for the NextEra North Sky River Project will be released to the City of Vernon and used by CH2M HILL to support the project. This includes the use of high resolution ortho-topo photography, refined contours, and all environmental resource data (air quality, biological, cultural, geotechnical, noise, paleontological, traffic, and visual). The existing CH2M HILL/NextEra Energy Resources contract precludes the release of any confidential or vendor specific data related to WTG design and siting. • Only commercially available wind turbine models will be considered for project design. • The draft and final conceptual site layout produced as part of this task will be based solely on activities conducted as part of the initial phase (Phase I - April 2011 through July 2011) development of the VREL. Subsequent revisions/iterations to the site layout will be conducted under supplemental scopes of work. • This task assumes one 1-day site visit by up to three CH2M HILL staff and City representatives. Deliverables • Draft and Final conceptual site layout. COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL ATTACHMENT A - SCOPE OF WORK CITY OF VERNON - VREL MARCH 21, 2011 Task 2: Biological Resource Mobilization Activities Task 2.1 Agency and Data Coordination Action Plan CH2M HILL will analyze the data gathered for the North Sky River Wind Energy Project (NSR) and identify which data are applicable to the City of Vernon project, and any data required for permitting the City of Vernon project that do not currently exist. An action plan will be developed to address data gaps. The action plan will include a discussion of the appropriate schedule and content of coordination with BLM, CDFG, Kern County, and USFWS. Assumptions • CH2M HILL travel costs for one in -person agency meeting are included. The cost estimate assumes that the meeting will occur in Santa Barbara and be attended by up to 4 CH2M HILL staff. CH2M HILL Avian Task Leader and Project Manager will coordinate and participate in conference calls with USFWS and CDFG staff, as needed, not to exceed two calls per month over the four months covered by this SOW. Deliverables • A draft Data Collection and Agency Coordination Action Plan will be provided electronically for the City of Vernon's review. One round of comments will be incorporated before the final Plan is delivered electronically and as a hard copy to the City. • Meeting minutes and action items from resource agency meetings. Task 2.2 Data Collection Protocols and Fieldwork Mobilization CH2M HILL will leverage the experience gained from similar projects in the vicinity to develop survey protocols for the collection of avian point counts, raptor nest, and Anabat data. CH2MHILL will mobilize the field survey efforts and begin to implement the data collection program, according to the developed/agency endorsed protocols. Avian Baseline Surveys CH2M HILL and its sub -contractor (WEST, Inc.) will prepare and finalize a study protocol for conducting avian use studies acceptable to CDFG and USFWS. Under this activity, the CH2M HILL Avian Task Leader and an avian specialist will conduct a reconnaissance -level field visit (one 10-hour day) to identify up to 20 suitable avian point count locations within the project area. After City approval of the point count protocol, CH2M HILL will establish the permanent point count locations. Baseline avian use data will be collected by visiting each designated point count location once per week beginning in May 2011 and continuing through the four months covered by this SOW. A pre -established survey schedule will be developed prior to initiating fieldwork. Staff safety and protocol compliance training will occur prior to initiating surveys. CH2M HILL will rely on existing data collected during site reconnaissance in Spring 2009 to the present, and GIS data collected by CH2M HILL. Raptor Nest and Focused Eagle Surveys CH2M HILL and its sub -contractor (WEST, Inc.) will develop a raptor nest survey protocol prior to initiating fieldwork. Staff safety and protocol compliance training will occur prior to COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL ATTACHMENT A - SCOPE OF WORK CITY OF VERNON - VREL MARCH 21, 2011 initiating surveys. Raptor nest surveys and searches will be conducted during the Spring 2011 breeding season, beginning April 2011, including one 1-day aerial survey. The objective of the surveys is to locate the active and inactive nests that may be subject to disturbance and/or displacement effects from wind project construction and/or operation. The nest surveys will gather information on species nesting in the area including nest locations, nesting season (timing), and nest success. The survey area will include the primary study area and the area within an approximate 2-mile buffer of the study area, the primary project access routes and any transmission line corridors needed for the site. Two methods, ground and aerial, will be used to survey for raptor nests. One aerial raptor nest survey will be conducted via helicopter in April or May. Additionally, on -the -ground nest surveys will be conducted throughout the nesting season during the avian use surveys, described in the subtask above. Anabat Data Collection and Bat Acoustic Studies CH2M HILL and its subcontractor (WEST, Inc.) will draft a study protocol acceptable to USFWS and CDFG for implementing the bat acoustic study. The bat acoustic study protocol will be designed and implemented to assess species composition, estimate relative bat population density at the site, assess timing of migration, and provide information on temporal and spatial patterns of bat activity across the site. In addition, the study protocol will outline methods for data collection (e.g., number and species of bats observed) and subsequent impact assessment (e.g., potential for collision fatalities) using recognized biometric applications. 2.2.1 Assumptions • Field data collection worksheets will be included as part of the draft protocol. • Surveyor training and protocol compliance will be conducted prior to initiating baseline surveys. • WEST will conduct the statistical analyses using the summarized data and provide CH2M HILL with the results. CH2M HILL's technical team will rely upon Critigen (see Task 7 below) for GIS support. As needed, other subcontractors will be added to meet the project scheduling requirements with appropriate adjustments to scope and cost as necessary. Raptor nest survey data will be included in the Draft and Final Interim Avian Use Study Report. • The City will charter the helicopter directly for aerial raptor nest and focused eagle surveys and provide all necessary insurance. 2.2.2 Deliverables • Draft avian point count, raptor nest survey, and Anabat protocol will be prepared and submitted electronically to the City for comment and review. • The draft avian point count, raptor nest survey, and Anabat protocol (incorporating the City Team's comments) will be submitted electronically for resource agency review in advance of in -person agency coordination meeting (see Task 2.1). COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL ATTACHMENT A - SCOPE OF WORK CITY OF VERNON - VREL MARCH 21, 2011 Final avian point count, raptor nest survey, and Anabat protocol, incorporating agency comments and recommendations, will be delivered to the City electronically and as hard copies. • Draft Interim Avian Use Study and Draft Interim Bat Acoustics Study Reports will be delivered to the City electronically for review. One round of City comments will be incorporated into the Final Interim Avian Use Study and Draft Interim Bat Acoustics Study Reports, which will be delivered electronically and as hard copies. Task 3: Habitat Characterization CH2M HILL will build upon the habitat/vegetation community mapping completed as part of previous data collection efforts by the City of and NSR. This mapping will cover City - controlled lands with development potential. In addition, this habitat/vegetation community mapping will serve as principal tool to effectively site the appurtenant wind energy infrastructure. This characterization effort will be used to identify the focused surveys required for compliance with ESA and CESA. The habitat/vegetation community assessments will be completed by conducting both aerial mapping and field reconnaissance. The purpose of the aerial mapping is to become familiar with the project area, identify and map habitats/vegetation communities. One, two-day field survey will be conducted to verify aerial mapping results. This survey will refine mapped habitats/vegetation communities and identify potential habitat for special status species. Vegetation communities will be delineated according to the Holland classification system and Keeler -Wolf classification system, as appropriate, the more widely used California desert vegetation classification systems. The data and conclusions made as a result of the habitat characterization tasks will be used to identify the scope and implementation of the biological survey program to be defined under supplemental scopes of work and submitted to the City of Vernon for additional consideration. Assumptions • A CH2M HILL biologist and a high desert botanist will conduct the reconnaissance -level field survey over a two day field effort. Where access cannot be gained, CH2M HILL will rely on aerial mapping and topographic data alone. • Detailed vegetation communication surveys and plant classifications including keying to genus or species level are not a part of the field reconnaissance effort. Deliverables • Draft habitat/vegetation community technical memo to document the findings of the aerial mapping and reconnaissance survey. • Final habitat/vegetation community technical memo. COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL ATTACHMENT A - SCOPE OF WORK CITY OF VERNON - VREL MARCH 21, 2011 Task 4: Meteorological Tower/AnaBat Installation Task.4.1 Meteorological Tower Program CH2M HILL will support the City in implementing a meteorological (met) tower program, including oversight of the installation of up to 8 new .met towers by Harness Energy, to include permitting and logistical coordination prior to the installation, and construction oversight. CH2M HILL will coordinate with Kern County to process the required building permits, prepare construction "tailgate" training materials, assist with logistics pre-, during, and post -installation efforts, and providing construction oversight. CH2M HILL will be present during installation of the met towers to monitor the construction activities in order to minimize potential construction impacts to biological resources. Assumptions • The City will contract directly with the met tower installer. • One pre -construction visit is anticipated for sensitive resource identification and flagging. • Worker education meeting is anticipated to occur during the pre -construction site visit. • One biologist and one environmental planner will be present during key periods of installation (i.e., pre -construction, site mobilization, vegetation removal and ground disturbance, and site clean-up). • AnaBat pulleys will be installed on each met tower by the City -contracted met tower installer according to manufacturer specifications. • Firefly bird diverters will be installed on all guy wires, by the City -contracted met tower installer; a maximum distance of 30 feet apart. • Installation activities are expected to take up to 28 working days for the 8 towers (approximately 3.5 days per tower). CH2MHILL construction oversight will include "spot checks" requiring a maximum of 12 site visits. Deliverables • Draft worker education brochure. • Final worker education brochure, incorporating one consolidated set of City comments. • Draft technical memorandum summarizing installation activities. • Final technical memorandum, incorpating one consolidated set of City comments. Task 4.2 AnaBat Installation CH2M HILL and its subcontractor (WEST, Inc.) will install up to 8 AnaBat units consistent with agency requirements in appropriate locations within the site and on met tower locations as determined in Task 4.1, Met Tower Program. Harness Energy will be responsible for installation of the met towers while CH2M HILL will be responsible for installation of the AnaBat units (except for the pulley systems, which will be installed by Harness Energy). CH2M HILL will install bat monitoring equipment, COPYRIGHT 2011 BY CH21A HILL, INC. • COMPANY CONFIDENTIAL ATTACHMENT A - SCOPE OF WORK CITY OF VERNON - VREL MARCH 21, 2011 including microphones and solar panels. CH2M HILL will coordinate with Harness Energy regarding the timing for installation of the AnaBat components. For AnaBat units installed on met towers, the detectors will be paired so that two microphones will be mounted per met tower; one near ground level approximately 1.5 meters (about 5 feet) above the ground and the other attached to the met tower at a height located within the future WTG rotor -swept zone, typically a minimum of Z 30 meters (about 100 feet) above the ground. During installation of the met towers, a pulley system will be installed (by Harness Energy) on each met tower and used to raise and lower the microphones. During installation, CH2M HILL staff will be present to monitor installation of the met towers as described in Task 4.1, Met Tower Program. Data collection and reporting from AnaBat units is described in Task 2, Biological Resource Data Collection Protocols and Initial Field Mobilization. Assumptions • Oversight and installation of up to 8 AnaBat units on met towers at ground level will be conducted by CH2M HILL staff/subcontractors. • Installation of AnaBat units will occur during the same period of met tower installation. Deliverables • Draft technical memorandum summarizing installation activities. • Final technical memorandum, incorpating one consolidated set of City comments. Task 5: Permit Planning/Support Task 5.1 Culvert Replacement Project The City has indicated the desire to eliminate the outstanding Kern County enforcement case related to the unpermitted road grading and culvert, installed by others. Closure of the enforcement case will help to enhance the City's asset value. Under this activity, CH2M HILL will coordinate with and periodically monitor the construction contractor for road/culvert repair. Construction is anticipated to include mobilization, road grading, erosion control (sand bags, silt fence, fiber rolls, rip rap drainage pads) and hydroseeding, and storm drain culvert installation. Assumptions • Pasquini Engineering, Inc. will contract directly with the City for this activity. • Pasquini Engineering, Inc. has received Kern County approval of construction plans for the proposed culvert replacement project and is responsible for providing all pertinent design and construction information to support construction scheduling/implementation by the subcontractor and periodic subcontractor monitoring by CH2M HILL. • CH2M HILL construction monitoring will include "spot checks of subcontractor construction activities, requiring a maximum of 10 site visits. • Construction scheduling is the responsibility of the subcontractor, and is responsible to communicate any deviations from the proposed schedule to the City. COPYRIGHT 2011 BY CH2M HILL, INC. - COMPANY CONFIDENTIAL ATTACHMENT A - SCOPE OF WORK CITY OF VERNON - VREL MARCH 21, 2011 • CH2M HILL will be responsible for required fees for grading and other permits required to implement the culvert replacement, up to a maximum of $5,000 as discussed in Task 5.2 below. Task 5.2 Permitting Support CH2M HILL will continue to support the City with permitting support, strategy and guidance, and initial coordination with permitting agencies, as appropriate. Efforts will include assessment of initial environmental resource data (as determined by Tasks 1 through 3), guidance/strategy related to regulatory permitting requirements, and data management required to support application processing for Kern County and Bureau of Land Management. In addition, CH2M HILL will be responsible for paying necessary permit fees, up to a maximum of $5,000. Assumption Permit and County administrative fees will not exceed $5,000. Deliverable Draft application package outline for future permitting. Task 6: GIS Analysis/Support - Critigen This SOW and budget estimate covers GIS analysis and support through July 2011 for Tasks 1 through 5, as previously discussed. Assumptions • The following is assumed for Critigen GIS analysis/support by task: Task 1- 318 labor hours; Task 2 -180 labor hours; Task 3 - 80 labor hours; Task 4 - 40 labor hours; Task 5 - 80 labor hours. • Critigen GIS analysis/support for the period of performance (April - July 2011) is assumed to require a maximum of 698 labor hours, not to exceed $ 91,350 as listed in Table 1. Task 7: Project Management and Administration This scope of work and budget estimate covers project management, including transactional support, and administrative support through July 2011. Reporting CH2M HILL will prepare monthly reports to be submitted to the City. These reports will document the activities that took place the previous month, activities planned for the current month, and any problems or concerns encountered by the project team. Change Management In any baseline data collection effort, changes from the original scope and assumptions may occur. Our team will promptly identify and communicate change issues to the City for appropriate consideration under this and/or future scopes of work. It is anticipated that supplemental scopes of work will be developed to cover the next phase of ongoing activities during the delivery of the current scope of work. COPYRIGHT 2011 BY CH2M HILL, INC. - COMPANY CONFIDENTIAL ATTACHMENT A - SCOPE OF WORK CITY OF VERNON - VREL MARCH 21, 2011 Quality Management Consistent with past efforts, Quality Management tasks will include the following: • Participation of two staff on up to six team calls and preparation of meeting notes. • Preparation of monthly status reports to accompany invoices. • Transactional support, including calls with potential developers, communication with Latham & Watkins, preparation of array maps and other maps as requested by Latham & Watkins and/or the City. • QA/QC of project teamwork product and deliverables. • Preparation of proposals for additional scopes of work. Assumptions Includes weekly coordination calls between CH2M HILL project management team and City. • Includes administrative support for preparing invoices, issuing subcontracts and processing subcontractor invoices, and other administrative support (assumed to average 12 hours per month). Deliverables Monthly reports and invoicing. Budget Summary CH2M HILL's budget estimate for this scope of work is provided in Table 2. CH2M HILL 2011 labor and expense rates have been previously submitted to the City. The proposed budget for this work is $505,133. This amount will not be exceeded without prior written authorization from the City. COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL ATTACHMENT A - SCOPE OF WORK CITY OF VERNON - VREL MARCH 21, 2011 TABLE 2 Breakdown of Estimated Time and Materials Budget Task No. Description CH2M HILL Labor Hours CH2M HILL Labor Costs Sub -Contracts and Expenses Budget 1 Project Definition 342 $49,496 $0 $49,496 2 Biological Resource Mobilization Activities 834 $113,380 $66,513 $179,893 2.1 Agency and Data Coordination Plan 238 $31,470 $400 $31,870 2.2 Data Collection Protocols and Fieldwork Mobilization 596 $81,910 $66,113 $148,023 3 Habitat Characterization 272 $33,048 $3,152 $36,200 4 Met Tower/AnaBat Installation 452 $51,960 $7,058 $59,018 5.1 Culvert Replacement Project 146 $18,629 $3,400 $22,029 5.2 Permitting Support, 192 $24,740 $5,858 $30,598 5 Permit Planning/Support 338 $43,369 $9,258 $52,627 6 GIS Analysis/Support - Critigen . N/A N/A $91,350 $91,350 7 Project Management and Administration 282 $36,429 $120 $36,549 Totals 2,520 $327,682 $177,451 $505,133 Contract Terms CH2M. HILL proposes to perform this work as Task Order No. 2011-1, on a time -and - materials basis under the contract terms and conditions from the Master Services Agreement, dated March 4, 2009, as amended in April 2011. 10 COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 May 5, 2011 Jessica Kinnahan CH2MHill Engineers 222 East Carrillo, Suite 207 Santa Barbara, CA 93101 Re: Task Order No. 2011-1 and Request for Notification and Consent to Novate Dear Ms. Kinnahan: Transmitted herewith are fully executed originals of the above -referenced documents, approved by City Council on May 3, 2011, through Resolution No. 2011-71. If you have any questions regarding this matter, please call Carlos Fandino at 323/583-8811 ext. 834. Very ly yours, WILLAR Y AG CHI City Clerk/Inte City Attorney WGY:dj c: Carlos Fandino Purchasing Department Resolution No. 2011-71, 9866, 10,081 Agreement File No. 11-054 Excfusivefy Industriaf Page 1 of 1 Juarez, Debbie From: Juarez, Debbie Sent: Thursday, May 05, 2011 2:55 PM To: 'Jennifer.scholl@ch2m.com'; Fandino, Carlos; Hunter, Audra; Valdez, Javier; Tolmasoff, Tania Subject: CH2MHILL Engineers, Inc. - Request for Notification and Consent to Novate - Fully Executed Copy Attachments: CH2MHILL ENGINEERS - REQUEST FOR NOTIFICATION AND CONSENT TO NOVATE.PDF 5/5/2011 CH2M HILL 222 East Carrillo, Suite 207 Santa Barbara, CA93101 rr Tel 805.568.3811 CH2MH I LL February 23, 2011 Mr. Carlos Fandino Director of Power & Light City of Vernon 4305 South Santa Fe Avenue Vernon, CA 90058-1714 SUBJECT: Request for Notification and Consent to Novate CH2M HILL's City of Vernon - Master Professional Services Agreement, dated February 23, 2009 ("Contract"), from CH2M HILL, Inc. to CH2M HILL Engineers, Inc. Dear Javier: As we discussed, CH2M HILL has decided to restructure our approach to delivering U.S. Federal and Non -Federal work. CH2M HILL conducts business in both U.S. Federal and Non - Federal (commercial) markets, and until now, a significant portion of our Non -Federal business has been housed in the same entities that were set up to satisfy the regulated U.S. Federal market. With this in mind, CH2M HILL's leadership has decided to move our commercial work out of U.S. Federal entities and into Non -Federal (commercial) entities. Effective upon the date of City approval, CH2M HILL will novate the Contract from CH2M HILL, Inc. (INC) to CH2M HILL Engineers, Inc. (CHE). CHE will assume all of the rights, benefits and liabilities under the Contract. CHE will ensure the following upon the effective date of the assignment: • There will be no change in personnel assigned to your project. • There will be no interruption in continuity of service. • All contractual obligations will continue to be delivered and satisfied. Pursuant to and in accordance with Article 6.9 Assignment of the Master Services Agreement, this letter constitutes CH2M HILL's request for consent of CH2M HILL's novation of the Contract from INC to CHE. Please provide your consent to and approval of Contract assignment to CHE by executing the consent block below and emailing an executed copy back to Jennifer Scholl's attention: jennifer.scholl@ch2m.com. REVISED 41712011 City of Vernon February 23, 2011 Page t If you have any questions about this request, please contact Jennifer Scholl or Jessica Kinnahan at (805) 568-0650. Sincerely, CH2M HILL Engineers, Inc. By: Name: Chris Shea Title: Vice President, Environmental Services Phone: (720) 286-3136 Fax: (720) 286-9250 Email: Chris.Shea@ch2m.com Sincerely, CH2M HILL, In By. Name: Mark L. Bricker Title: Vice President, Environmental Services Phone: (425) 233-3294 Fax: (425) 468-3100 Email: Mark.Bricker@ch2m.com The City of Vernon hereby consents to and approves of assignment of the contract from CH2M HILL, INC. to CH2M HILL Engineers, INC, effective May 3 , 2011. City of Vernon: By:�- Name: Hilario Gonzales A ST,: 01 Title: Mayor Willard t. Y aVRM: i, C t Clerk Phone: 323-583-8811:ext. 834 APPROVED AS TO Fax: 323-826-1408 Michael B. Montgome Special Counsel Email: cfandino@ci.vernon.ca.us y�,-- REVISED 4I712011 TASK ORDER NO. 2011-1 THIS TASK ORDER IS ISSUED PURSUANT TO THE STANDARD MASTER AGREEMENT BETWEEN C112M HILL ENGINEERS, INC. AND THE CITY OF VERNON FOR PROFESSIONAL SERVICES DATED MARCH 4, 2009, AS AMENDED IN APRIL 2011 ("AGREEMENT") The City of Vernon Renewable Energy Lands Project (VREL), which is incorporated herein by this reference, with respect to the ("Project") to provide ongoing support for the development and permitting of wind energy generation on lands subject to the existing and future control of the City located in the Kelso Valley, Kern County, California. Specific Services: Provide services as described in the attached proposal dated March 21, 2011 (the "Proposal"), attached hereto, and incorporated herein by this reference. Compensation Provisions: Time and materials basis at rates set forth in the Proposal in an amount not to exceed $505,133 unless previously approved by the City in writing. Work Schedule: As set forth in the proposal, Task Order No. 2011-1 covers the following activities necessary to comply with local, state or federal requirements related to the Endangered Species Act (ESA), the California Endangered Species (CESA) and the California Environmental Quality Act (CEQA): Activity 1 Project Description Development; Activity 2 - Biological Resource Mobilization; Activity 3 - Habitat Characterization; Activity 4 - Met Tower/AnaBat Installation; Activity 5 - Permit Planning/Support; Activity 6 - GIS Analysis/Support; and Activity 7 - Project Management. The Authorized Representatives designated below are authorized to act with respect to Task Order. Communications between the parties shall be between parties and their consultants or subcontractors shall be through the Authorized Representatives: For CH2M HILL Engineers, INC. For the Client Name: Mark L. Bricker Name: Carlos Fandino, Director of Power & Light Address: 1100 112a` Ave. NE, Ste 400 Address: 4305 Santa Fe Avenue, Bellevue, WA 98004 Vernon, CA 90058 Telephone: 425-233-3294 Telephone: 323-583-1811 Except as specifically modified in this Task Order No. 2011-1, all terms and conditions set forth in the Agreement remain in full force and effect. This Task Order No. 2011-1, will be effective April 19, 2011. Accepted for CH2M HILL Engineers, INC. by: Accepted for Client by: Name: Mark L. Bricker Title: Vice President, Environmental Services Name: GfflasFandifte Hilario Gonzales Title:Mayor ATTZST: WilXard G. Ykfna 4Vhi, Uy Clerk APPROVED AS TO FORM: Michael L Montgomery, Special Counsel City of Vernon Renewable Energy Land (VREL) ATTACHMENT A Scope of Work General Scope This Scope of Work (SOW) describes the activities that CH2M HILL will complete on behalf of the City, from April 2011 through July 2011. Activities outlined within this SOW are necessary to maintain the asset value, support future permitting with Kern County, state and federal agencies (e.g., Endangered Species Act [ESA], the California Endangered Species Act [CESA] and the California Environmental Quality Act [CEQA]. Activities covered within this scope of work cover a period of approximately 4 months, as'identified in Table 1, and are presented to allow flexibility with work delivery with the understanding that supplemental scopes of work will be required to cover subsequent phases of ongoing VREL development. TABLE 1 CH2M HILL Proposed SOW - City of Vernon Renewable. Energy Land Develo ment Support Activity No. Task Anticipated Timing for Implementation 1 Project Definition April 2011 to July 2011 2 Biological Resource Mobilization Activities April 2011 to June 2011 3 Habitat Characterization April 2011 to May 2011 4 Met Tower/AnaBat Installation Late -April to Late -May 2011 5 Permit Planning/Support April 2011 to July 2011 g GIS Analysis/Support—Critigen April 2011 to July 2011 7 Project Administration April 2011 to July 2011 General Assumptions General SOW assumptions: • The SOW covers the initial phase (Phase I - April 2011 through July 2011) of VREL development. Supplemental scopes of work are anticipated to be required to cover the next phase of ongoing activities, with the first supplemental scope to be submitted in early -May 2011. • In order to meet the City's expectations, CH2M HILL may rely on specialized subcontractors to support data collection and reporting requirements. • CH2M HILL directly contracts with Critigen (CH2M HILL former entity) for GIS-related tasks and services. • Site access will continue to be authorized by the City through coordination with Renewable Resources Group, Inc. and NextEra Energy Resources. • CH2M HILL will address one round of consolidated City Team comments on each draft deliverable. Draft deliverables will be provided in electronic format: Final deliverables COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL ATTACHMENT A - SCOPE OF WORK CITY OF VERNON - VREL MARCH 21, 2011 will be provided in hard copy (up to five copies) and uploaded to the Project SharePoint site. • Meetings minutes/notes will be delivered in electronic format. • A Trimble Geo XT sub -meter accuracy global positioning system (GPS) unit will be used for data collection during all field work. • CH2M HILL staff and subcontractor safety will be the highest priority. Project team members, including subcontractors, will be required to comply with CH2M HILL's VREL Health and Safety Plan. The CH2M HILL Field Safety Coordinator will implement the Plan and day-to-day safety oversight will occur concurrently with survey efforts. Additional task -specific assumptions are presented in the respective descriptions for Tasks 1 through 7 described below., Task 1: Project Definition CH2M HILL will provide support to the City for developing a site layout for wind development on lands controlled by the City. CH2M HILL will collaborate with the City of Vernon technical staff and V-BAR, wind resource specialists, to develop the site layout. CH2M HILL's technical team will rely upon Critigen (see Task 6 below) for GIS support and on CH2M HILL Engineers (CHE) for wind energy engineering support to develop a site layout that can be used to comply with regulatory agency requirements for the implementation of a wind energy facility. Project components to be defined include wind turbine generator (WTG) arrays, access roads, collector lines, generation interconnection, collector substations, concrete batch plants, construction staging areas, water storage areas, and operation and maintenance facilities. Assumptions • All data collected for the NextEra North Sky River Project will be released to the City of Vernon and used by CH2M HILL to support the project. This includes the use of high resolution ortho-topo photography, refined contours, and all environmental resource data (air quality, biological, cultural, geotechnical, noise, paleontological, traffic, and visual). The existing CH2M HILL/NextEra Energy Resources contract precludes the release of any confidential or vendor specific data related to WTG design and siting. • Only commercially available wind turbine models will be considered for project design. • The draft and final conceptual site layout produced as part of this task will be based solely on activities conducted as part of the initial phase (Phase I - April 2011 through July 2011) development of the VREL. Subsequent revisions/iterations to the site layout will be conducted under supplemental scopes of work. This task assumes one 1-day site visit by up to three CH2M HILL staff and City representatives. Deliverables • Draft and Final conceptual site layout. COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL ATTACHMENT A - SCOPE OF WORK CITY OF VERNON - VREL MARCH 21, 2011 Task 2: Biological Resource Mobilization Activities Task 2.1 Agency and Data Coordination Action Plan CH2M HILL will analyze the data gathered for the North Sky River Wind Energy Project (NSR) and identify which data are applicable to the City of Vernon project, and any data required for permitting the City of Vernon project that do not currently exist. An action plan will be developed to address data gaps. The action plan will include a discussion of the appropriate schedule and content of coordination with BLM, CDFG, Kern County, and USFWS. Assumptions • CH2M HILL travel costs for one in -person agency meeting are included. The cost estimate assumes that the meeting will occur in Santa Barbara and be attended by up to 4 CH2M HILL staff. CH2M HILL Avian Task Leader and Project Manager will coordinate and participate in conference calls with USFWS and CDFG staff, as needed, not to exceed two calls per month over the four months covered by this SOW. Deliverables • A draft Data Collection and Agency Coordination Action Plan will be provided electronically for the City of Vernon's review. One round of comments will be incorporated before the final Plan is delivered electronically and as a hard copy to the City. • Meeting minutes and action items from resource agency meetings. Task 2.2 Data Collection Protocols and Fieldwork Mobilization , CH2M HILL will leverage the experience gained from similar projects in the vicinity to develop survey protocols for the collection of avian point counts, raptor nest, and Anabat data. CH2MHILL will mobilize the field survey efforts and begin to implement the data collection program, according to the developed/agency endorsed protocols. Avian Baseline Surveys CH2M HILL and its sub -contractor (WEST, Inc.) will prepare and finalize a study protocol for conducting avian use studies acceptable to CDFG and USFWS. Under this activity, the CH2M HILL Avian Task Leader and an avian specialist will conduct a reconnaissance -level field visit (one 10-hour day) to identify up to 20 suitable avian point count locations within the project area. After City approval of the point count protocol, CH2M HILL will establish the permanent point count locations. Baseline avian use data will be collected by visiting each designated point count location once per week beginning in May 2011 and continuing through the four months covered by this SOW. A pre -established survey schedule will be developed prior to initiating fieldwork. Staff safety and protocol compliance training will occur prior to initiating surveys. CH2M HILL will rely on existing data collected during site reconnaissance in Spring 2009 to the present, and GIS data collected by CH2M HILL. Raptor Nest and Focused Eagle Surveys CH2M HILL and its sub -contractor (WEST, Inc.) will develop a raptor nest survey protocol prior to initiating fieldwork. Staff safety and protocol compliance training will occur prior to COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL ATTACHMENT A - SCOPE OF WORK CITY OF VERNON - VREL MARCH 21, 2011 initiating surveys. Raptor nest surveys and searches will be conducted during the Spring 2011 breeding season, beginning April 2011, including one 1-day aerial survey. The objective of the surveys is to locate the active and inactive nests that may be subject to disturbance and/or displacement effects from wind project construction and/or operation. The nest surveys will gather information on species nesting in the area including nest locations, nesting season (timing), and nest success. The survey area will include the primary study area and the area within an approximate 2-mile buffer of the study area, the primary project access routes and any transmission line corridors needed for the site. Two methods, ground and aerial, will be used to survey for raptor nests. One aerial raptor nest survey will be conducted via helicopter in April or May. Additionally, on -the -ground nest surveys will be conducted throughout the nesting season during the avian use surveys, described in the subtask above. Anabat Data Collection and Bat Acoustic Studies CH2M HILL and its subcontractor (WEST, Inc.) will draft a study protocol acceptable to USFWS and CDFG for implementing the bat acoustic study. The bat acoustic study protocol will be designed and implemented to assess species composition, estimate relative bat population density at the site, assess timing of migration, and provide information on temporal and spatial patterns of bat activity across the site. In addition, the study protocol will outline methods for data collection (e.g., number and species of bats observed) and subsequent impact assessment (e.g., potential for collision fatalities) using recognized biometric applications. 2.2.1 Assumptions • Field data collection worksheets will be included as part of the draft protocol. • Surveyor training and protocol compliance will be conducted prior to initiating baseline surveys. • WEST will conduct the statistical analyses using the summarized data and provide CH2M HILL with the results. CH2M HILL's technical team will rely upon Critigen (see Task 7 below) for GIS support. As needed, other subcontractors will be added to meet the project scheduling requirements with appropriate adjustments to scope and cost as necessary. • Raptor nest survey data will be included in the Draft and Final Interim Avian Use Study Report. • The City will charter the helicopter directly for aerial raptor nest and focused eagle surveys and provide all necessary insurance. 2.2.2 Deliverables • Draft avian point count, raptor nest survey, and Anabat protocol will be prepared and submitted electronically to the City for comment and review. • The draft avian point count, raptor nest survey, and Anabat protocol (incorporating the City Team's comments) will be submitted electronically for resource agency review in advance of in -person agency coordination meeting (see Task 2.1). COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL ATTACHMENT A - SCOPE OF WORK CITY OF VERNON - VREL MARCH 21, 2011 Final avian point count, raptor nest survey, and Anabat protocol, incorporating agency comments and recommendations,_ will be delivered to the City electronically and as hard copies. Draft Interim Avian Use Study and Draft Interim Bat Acoustics Study Reports will be delivered to the City electronically for review. One round of City comments will be incorporated into the Final Interim Avian Use Study and Draft Interim Bat Acoustics Study Reports, which will be delivered electronically and as hard copies. Task 3: Habitat Characterization CH2M HILL will build upon the habitat/vegetation community mapping completed as part of previous data collection efforts by the City of and NSR. This mapping will cover City - controlled lands with development potential. In addition, this habitat/vegetation community mapping will serve as principal tool to effectively site the appurtenant wind energy infrastructure. This characterization effort will be used to identify the focused surveys required for compliance with ESA and CESA. The habitat/vegetation community assessments will be completed by conducting both aerial mapping and field reconnaissance. The purpose of the aerial mapping is to become familiar with the project area, identify and map habitats/vegetation communities. One, two-day field survey will be conducted to verify aerial mapping results. This survey will refine mapped habitats/vegetation communities and identify potential habitat for special status species. Vegetation communities will be delineated according to the Holland classification system and Keeler -Wolf classification system, as appropriate, the more widely used California desert vegetation classification systems. The data and conclusions made as a result of the habitat characterization tasks will be used to identify the scope and implementation of the biological survey program to be defined under supplemental scopes of work and submitted to the City of Vernon for additional consideration. Assumptions • A CH2M HILL biologist and a high desert botanist will conduct the reconnaissance -level field survey over a two day field effort. Where access cannot be gained, CH2M HILL will rely on aerial mapping and topographic data alone. • Detailed vegetation communication surveys and plant classifications including keying to genus or species level are not a part of the field reconnaissance effort. Deliverables • Draft habitat/vegetation community technical memo to document the findings of the aerial mapping and reconnaissance survey. • Final habitat/vegetation community technical memo. COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL ATTACHMENT A - SCOPE OF WORK CITY OF VERNON - VREL MARCH 21, 2011 Task 4: Meteorological Tower/AnaBat Installation Task 4.1 Meteorological Tower Program CH2M HILL will support the City in implementing a meteorological (met) tower program, including oversight of the installation of up to 8 new met towers by Harness Energy, to include permitting and logistical coordination prior to the installation, and construction oversight. CH2M HILL will coordinate with Kern County to process the required building permits, prepare construction "tailgate" training materials, assist with logistics pre-, during, and post -installation efforts, and providing construction oversight. CH2M HILL will be present during installation of the met towers to monitor the construction activities in order to minimize potential construction impacts to biological resources. Assumptions • The City will contract directly with the met tower installer. • One pre -construction visit is anticipated for sensitive resource identification and flagging. • Worker education meeting is anticipated to occur during the pre -construction site visit. • One biologist and one environmental planner will be present during key periods of installation (i.e., pre -construction, site mobilization, vegetation removal and ground disturbance, and site clean-up). • AnaBat pulleys will be installed on each met tower by the City -contracted met tower installer according to manufacturer specifications. • Firefly bird diverters will be installed on all guy wires, by the City -contracted met tower installer; a maximum distance of 30 feet apart. • Installation activities are expected to take up to 28 working days for the 8 towers (approximately 3.5 days per tower). CH2MHILL construction oversight will include "spot checks" requiring a maximum of 12 site visits. Deliverables • Draft worker education brochure. • Final worker education brochure, incorporating one consolidated set of City comments. • Draft technical memorandum summarizing installation activities. • Final technical memorandum, incorpating one consolidated set of City comments. Task 4.2 AnaBat Installation CH2M HILL and its subcontractor (WEST, Inc.) will install up to 8 AnaBat units consistent with agency requirements in appropriate locations within the site and on met tower locations as determined in Task 4.1, Met Tower Program. Harness Energy will be responsible for installation of the met towers while CH2M HILL will be responsible for installation of the AnaBat units (except for the pulley systems, which will be installed by Harness Energy). CH2M HILL will install bat monitoring equipment, COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL ATTACHMENT A - SCOPE OF WORK CITY OF VERNON - VREL MARCH 21, 2011 including microphones and solar panels. CH2M HILL will coordinate with Harness Energy regarding the timing for installation of the AnaBat components. For AnaBat units installed on met towers, the detectors will be paired so that two microphones will be mounted per met tower; one near ground level approximately 1.5 meters (about 5 feet) above the ground and the other attached to the met tower at a height located within the future WTG rotor -swept zone, typically a minimum of >_ 30 meters (about 100 feet) above the ground. During installation of the met towers, a pulley system will be installed (by Harness Energy) on each met tower and used to raise and lower the microphones. During installation, CH2M HILL staff will be present to monitor installation of the met towers as described in Task 4.1, Met Tower Program. Data collection and reporting from AnaBat units is described in Task 2, Biological Resource Data Collection Protocols and Initial Field Mobilization. Assumptions • Oversight and installation of up to 8 AnaBat units on met towers at ground level will be conducted by CH2M HILL staff/subcontractors. • Installation of AnaBat units will occur during the same period of met tower installation. Deliverables • Draft technical memorandum summarizing installation activities. • Final technical memorandum, incorpating one consolidated set of. City comments. Task 5: Permit Planning/Support Task 5.1 Culvert Replacement Project The City has indicated the desire to eliminate the outstanding Kern County enforcement case related to the unpermitted road grading and culvert, installed by others. Closure of the enforcement case will help to enhance the City's asset value. Under this activity, CH2M HILL will coordinate with and periodically monitor the construction contractor for road/culvert repair. Construction is anticipated to include mobilization, road grading, erosion control (sand bags, silt fence, fiber rolls, rip rap drainage pads) and hydroseeding, and storm drain culvert installation. Assumptions • Pasquini Engineering, Inc. will contract directly with the City for this activity. • Pasquini Engineering, Inc. has received Kern County approval of construction plans for the proposed culvert replacement project and is responsible for providing all pertinent design and construction information to support construction scheduling/implementation by the subcontractor and periodic subcontractor monitoring by CH2M HILL. • CH2M HILL construction monitoring will include "spot checks' of subcontractor construction activities, requiring a maximum of 10 site visits. • Construction scheduling is the responsibility of the subcontractor, and is responsible to communicate any deviations from the proposed schedule to the City. COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL ATTACHMENT A - SCOPE OF WORK CITY OF VERNON - VREL MARCH 21, 2011 • CH2M HILL will be responsible for required fees for grading and other permits required to implement the culvert replacement, up to a maximum of $5,000 as discussed in Task 5.2 below. Task 5.2 Permitting Support CH2M HILL will continue to support the City with permitting support, strategy and guidance, and initial coordination with permitting agencies, as appropriate. Efforts will include assessment of initial environmental resource data (as determined by Tasks 1 through 3), guidance/strategy related to regulatory permitting requirements, and data management required to support application processing for Kern County and Bureau of Land Management. In addition, CH2M HILL will be responsible for paying necessary permit fees, up to a maximum of $5,000. Assumption Permit and County administrative fees will not exceed $5,000. Deliverable Draft application package outline for future permitting. Task 6: GIS Analysis/Support - Critigen This SOW and budget estimate covers GIS analysis and support through July 2011 for Tasks 1 through 5, as previously discussed. Assumptions • The following is assumed for Critigen GIS analysis/support by task: Task 1- 318 labor hours; Task 2 -180 labor hours; Task 3 - 80 labor hours; Task 4 - 40 labor hours; Task 5 - 80 labor hours. • Critigen GIS analysis/support for the period of performance (April -July 2011) is assumed to require a maximum of 698 labor hours, not to exceed $ 91,350 as listed in Table 1. Task 7: Project Management and Administration This scope of work and budget estimate covers project management, including transactional support, and administrative support through July 2011. Reporting CH2M HILL will prepare monthly reports to be submitted to the City. These reports will document the activities that took place the previous month, activities planned for the current month, and any problems or concerns encountered by the project team. Change Management In any baseline data collection effort, changes from the original scope and assumptions may occur. Our team will promptly identify and communicate change issues to the City for appropriate consideration under this and/or future scopes of work. It is anticipated that supplemental scopes of work will be developed to cover the next phase of ongoing activities during the delivery of the current scope of work. COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL ATTACHMENT A - SCOPE OF WORK CITY OF VERNON - VREL MARCH 21, 2011 Quality Management Consistent with past efforts, Quality Management tasks will include the following: • Participation of two staff on up to six team calls and preparation of meeting notes. • Preparation of monthly status reports to accompany invoices. • Transactional support, including calls with potential developers, communication with Latham & Watkins, preparation of array maps and other maps as requested by Latham & Watkins and/or the City. • QA/QC of project team work product and deliverables. • Preparation of proposals for additional scopes of work. Assumptions • Includes weekly coordination calls between CH2M HILL project management team and City. • Includes administrative support for preparing invoices, issuing subcontracts and processing subcontractor invoices, and other administrative support (assumed to average 12 hours per month). Deliverables Monthly reports and invoicing.. Budget Summary CH2M HILL's budget estimate for this scope of work is provided in Table 2. CH2M HILL 2011 labor and expense rates have been previously submitted to the City. The proposed budget for this work is $505,133. This amount will not be exceeded without prior written authorization from the City. COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL ATTACHMENT A - SCOPE OF WORK CITY OF VERNON - VREL MARCH 21, 2011 TABLE 2 Breakdown of Estimated Time and Materials Budget Task No. Description CH2M HILL Labor Hours CH2M HILL Labor Costs Sub -Contracts and Expenses Budget 1 Project Definition 342 $49,496 $0 $49,496 2 Biological Resource Mobilization Activities 834 $113,380 $66,513 $179,893 2.1 Agency and Data Coordination Plan 238 $31,470 $400 $31,870 2.2 Data Collection Protocols and Fieldwork Mobilization 596 $81,910 $66,113 $148,023 3 Habitat Characterization 272 $33,048 $3,152 $36,200 4 Met Tower/AnaBat Installation 452 $51,960 $7,058 $59,018 5.1 Culvert Replacement Project 146 $18,629 $3,400 $22,029 5.2 Permitting Support 192 $24,740 $5,858 $30,598 5 Permit Planning/Support 338 $43,369 $9,258 $52,627 6 GIS Analysis/Support - Critigen NIA N/A $91,350 $91,350 7 Project Management and Administration 282 $36,429 $120 $36,549 Totals 2,520 $327,682 $177,451 $505,133 Contract Terms CH2M HILL proposes to perform this work as Task Order No. 2011-1, on a time -and - materials basis under the contract terms and conditions from the Master Services Agreement, dated March 4, 2009, as amended in April 2011. 10 COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL RECEIVED RECEIVES APR.2 6 2011 APR 2 6 2011 CITY CLERK'S OFFICE CITY A D M I N I STRATI O N STAFF REPORT LIGHT & POWER DATE: April 26, 2011 TO: Honorable Mayor and City Council FROM: Carlos Fandino Jr., Director of Light & Power VIOW RE: CH2MHILL, Inc. Task Order No. 2011-1 for Renewable energy Land Support - MasterService Agreement (MSA) Approved by Resolution No. 9866 The Department of Light & Power would like to engage with CH2MHILL Engineers, Inc to support the City's effort to maximize the value of its land assets in Kelso Valley, Kern County, California. Task Order No. 2011-1 includes the following activities: project definition, biological resource mobilization, habitat characterization, meteorological (met) tower and AnaBat installation and initial permit support for sitting and licensing a wind energy generating facility. The total cost for Task Order No. 2011-1 is in the amount not -to -exceed $505,133. This amount will not be exceeded without prior written authorization from the City. Additional Scope of Work is briefly described below and in more detail in the proposal attached to the Task Order 2011-1 as Attachment A. 1. Developing a site layout for wind development on lands controlled by the City: 2. Analyze and gather data for the North Sky River Wind energy Project (NSR). 3. Habitat characterization - Build upon the habitat/vegetation community mapping. 4. Meteorological Tower/AnaBat implementation support 5 Permit and planning support 6. GIS Analysis support 7. Project management and administration support. Also, CH2MHILL, Inc. has decided to restructure their approach in delivering US Federal and Non -Federal work. Effective upon the date of City approval, CH2MHILL will novate the Master Service Agreement (MSA) approved by Resolution No. 9866 from CH2MHILL, Inc. (INC) to CH2MHILL Engineers, Inc. (CHE). CHE will assume all of the rights, benefits and liabilities under the MSA. Recommendation: It is recommended that the City Council approve the attached Task Order No. 2011-1 with CH2MHILL Engineers, Inc. at the May 03, 2011 City Council meeting for the amount not -to -exceed $505,133. Fiscal Impact: It is anticipated that the total cost of CH2MHILL Engineer's consulting services will not exceed $ 505,133. CF:jv Attachment Page 1 of 1 Juarez, Debbie From: Valdez, Javier Sent: Thursday, May 05, 2011 10:19 AM To: Juarez, Debbie Subject: RE: CH2MHill Engineers Contact Info Hi Debbie, Please sent both to: Jessica Kinnahan CH2MHill Engineers 222 East Carrillo, Suite 207 Santa Barbara, CA 93101 Thanks Javier From: Juarez, Debbie Sent: Wednesday, May 04, 2011 4:17 PM To: Valdez, Javier Subject: CH2MHill Engineers Contact Info Importance: High Hi Javier. Please let me know if you want the Consent to Novate sent to the following: Jennifer Scholl CH2MHill Engineers 222 East Carrillo, Suite 207 Santa Barbara, CA 93101 And Task Order No. 2011-1 sent to: Mark L. Bricker CH2MHill Engineers 1100 112th Avenue. NE, Suite 400 Bellevue, WA 98004 Thank you. De6orah Juarez Records 11anagementAssistant City of Vernon - City Cferk's Office 4305 Santa Te Avenue Vernon, CA 90058 (323) 583-8811 5/5/2011