Resolution No. 2016-014RESOLUTION NO. 2016-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPOINTING PETER HERVISH, PRESIDENT OF PORT
CANAVERAL POWER CONSULTANTS, INC., TO SERVE AS THE
INTERIM DIRECTOR OF THE GAS & ELECTRIC DEPARTMENT
AND APPROVING THE EXECUTION OF AN AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF VERNON AND PORT CANAVERAL POWER
CONSULTANTS, INC., FOR ENERGY PROJECTS CONSULTANT
SERVICES
WHEREAS, on March 15, 2016, Carlos Fandino, former Director
of Gas & Electric, was appointed as City Administrator of the City of
Vernon; and
WHEREAS, the City Council of the City of Vernon requested to
fill the Director of Gas & Electric vacancy on an Interim basis during
the City's ongoing executive search for a permanent Director of Gas &
Electric; and
WHEREAS, on or about November 4, 2014, the City Council of
the City of Vernon approved a professional services agreement between
the City of Vernon and Port Canaveral Power Consultants, Inc. (`Port
Canaveral") for energy projects consultant services; and
WHEREAS, the City Council of the City of Vernon desires to
(i) appoint Peter Hervish, President of Port Canaveral, to serve as
Interim Director of Gas & Electric while the City conducts an executive
recruitment to fill the position of Director of Gas & Electric on a
permanent basis and (ii) approve an Amendment No. 1 to the professional
services agreement between the City of Vernon and Port Canaveral for
energy projects consultant services.
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 above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA) review, because it is a general administrative activity
that will not result in direct or indirect physical changes in the
environment and therefore does not constitute a "project" as defined
by CEQA Guidelines Section 15378. Furthermore, even if it were a
project, because such activity will not have any effect on the
environment, this action would be exempt from CEQA review pursuant to
CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only
applies to projects that may have a significant effect on the
environment.
SECTION 3: The City Council of the City of Vernon hereby
affirms the appointment of Peter Hervish ("Hervish"), President of
Port Canaveral Power Consultants, Inc. ("Port Canaveral"), to serve as
the Interim Director of the Gas & Electric Department of the City of
Vernon, effective April 5, 2016, until such time as the City Council
approves his removal or appoints another person to the position of
Director of Gas & Electric.
SECTION 4: The City Council of the City of Vernon hereby
approves and authorizes the execution of an Amendment No. 1 to the
professional services agreement between the City of Vernon and Port
Canaveral for energy projects consultant services, a copy which is
attached hereto as Exhibit A.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to give a fully
executed Amendment to Port Canaveral.
- 2 -
SECTION 6: The City Clerk, or any authorized officer, shall
administer the Oath of Office prescribed in the Constitution of the
State of California to Hervish and shall have him subscribe to it and
file it with the Human Resources Department.
SECTION 7: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
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, 2016.
ATTEST:
:e
ria E . Ayala
City C erk / Deputy Y Cam..='J
APPROVED AS TO FORM:
7
Name: W. Michael McCormick
Title: Mayor /
zayhah VN, Moussa, Deputy City Attorney
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Maria E . Ayala � City Clerk / n--� Cit,� ri AArk of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2016-14, 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, 2016, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this 1 day of April 5, 2016, at Vernon, California.
(SEAL)
.`Z
Maria LW. Ayala
City Clerk /g�
- 4 -
EXHIBIT A
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF VERNON AND PORT CANAVERAL POWER CONSULTANTS, INC.,
FOR ENERGY PROJECTS CONSULTANT SERVICES
This Amendment ("Amendment No. I") to that certain Agreement for professional
services dated November 19, 2014, (the "Agreement"), is made as of April 5, 2016, by and
between the City of Vernon, a California charter city and municipal corporation (the "City"), and
Port Canaveral Power Consultants, Inc. ("Contractor"), a Florida corporation.
WHEREAS, the City and Contractor are parties to a written Agreement dated
November 19, 2014, under which Contractor provides energy consulting services; and
WHEREAS, the City and Contractor desire to amend the Agreement to appoint Peter
Hervish, President of Contractor, as Interim Gas & Electric Director of the City of Vernon,
effective April 5, 2016. City engages Peter Hervish as the Interim Gas & Electric Director to
perform the duties specified in the job description for the position as attached hereto as
Attachment "A", and incorporated herein by this reference, as the same may be modified by the
City Council, from time to time, and to perform other such legally permissible and proper duties
and functions as the City Administrator shall, from time to time, assign.
NOW, THEREFORE, the parties to this Amendment No. 1 agree as follows:
1. Effective as of April 5, 2016, the Agreement is hereby amended to appoint Peter
Hervish, President of Port Canaveral Power Consultants, Inc., as Interim Gas & Electric
Director.
2. Hervish will remain as a consultant and independent contractor, and will not
become a City employee.
3. Hervish agrees that, to the best of his ability and experience, he will at all times
conscientiously perform the duties and obligations required under the Interim Gas & Electric
Director position, either express or implied, by the terms of this Amendment No. 1, the
ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations
of the State of California and the United States.
4. Hervish is required to work a full and complete work week pursuant to the
established work schedule as determined by the City Administrator, and devote whatever time is
necessary to fulfill the employment responsibilities as identified in this Amendment No. 1.
5. Hervish's compensation and rate schedule for services rendered under this
Amendment No. 1 are set forth in Section 5.0 and related exhibits of the existing Agreement.
The existing compensation rates and not -to -exceed amounts set forth in the Agreement remain
unchanged by this Amendment No. 1.
6. This appointment is temporary, until such time as a Gas & Electric Director is
appointed by the City Council upon completion of a recruitment process to fill the position on a
permanent basis.
-1-
7. Upon completion of this temporary appointment, Hervish's role and duties shall
revert to the role and duties set forth in the Agreement, for the remaining Agreement term.
8. Except as expressly modified by this Amendment No. 1, all provisions of the
Agreement shall remain in full force and effect.
9. The provisions of this Amendment No. 1 shall constitute the entire agreement of
the parties with respect to the subject matter included in this Amendment No. 1 and shall
supersede any other agreement, understanding, or arrangement, whether written or oral, between
the parties with respect to the subject matter of this Amendment No. 1.
10. The person or persons executing this Amendment No. 1 on behalf of each of the
parties warrants and represents that he or she has the authority to execute this Amendment No. 1
on behalf of that party and has the authority to bind that party to the performance of its
obligations hereunder.
IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the date
stated in the introductory clause.
[SIGNATURES FOLLOW ON NEXT PAGE]
-2-
CITY OF VERNON a California charter city
and municipal corporation
Carlos Fandino, City Administrator
ATTEST:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Zaynah Moussa, Deputy City Attorney
Port Canaveral Power Consultants, Inc., a Florida
corporation
By:
Name:
Title:
By:
Name:
Title:
-3-
ATTACHMENT A
JOB DESCRIPTION
Director of Gas and Electric
Date Prepared: March 2016 Class Code: 8010
SUMMARY: Under administrative direction, provides leadership and direction over the activities of the City's
Gas and Electric Department.
ESSENTIAL FUNCTIONS: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following
representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class;
employees may be assigned duties which are not listed below, reasonable accommodations will be made as required. The job description does
not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include,
but are not limited to, the following:
• Plans, directs, and coordinates through subordinate staff the Department's work plan; assigns projects
and program areas of responsibility; reviews and evaluates work methods and procedures; meets with key
staff to identify and resolve problems.
• Determines the overall Departmental organizational structure, mission, core services and allocation of
financial, human, and capital resources; develops and administers annual capital and operating budgets.
• Serves as a technical advisor to the City Administrator and the City Council regarding the City's gas and
electric utilities.
• Plans, organizes, directs and reviews all electrical and gas utility operations.
• Develops and manages short- and long-term Department goals, objectives, policies, and procedures.
• Supervises subordinate staff, sets work priorities; creates work schedules; provides training; conducts
performance evaluations; rewards and/or disciplines employees.
• Develops and administers annual operating and capital budgets; monitors budget, revenue, and
expenditure trends; measures and evaluates organizational effectiveness.
• Coordinates utility engineering projects with City Engineer including planning, directing and reviewing the
design, construction, and maintenance of electric and gas utility systems.
• Develops overall policies, financial resources, and facility plans for electric and gas utilities in conjunction
with key staff and consultants.
• Conducts resource planning with other agencies and businesses requiring negotiations involving complex
terms and conditions for integrated power resources and for participation in joint ownership of
transmission and generation facilities.
• Directs the preparation of technical and administrative reports; presents reports and recommendations to
the City Administrator, City Council, Boards and Commissions.
• Coordinates with consultants and other agencies on regulatory and legislative matters affecting power
resources and gas operations.
• Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures;
monitors and evaluates work load, technical support systems, internal reporting relationships, and inter-
agency issues; identifies opportunities for improvement, and develops recommendations.
• Supports the relationship between the City of Vernon and the general public by demonstrating courteous
and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work -
related issues and City information; performs other duties as required or assigned.
Director of Gas and Electric Vernon CA 1 of 2
MINIMUM QUALIFICATIONS:
Education, Training and Experience Guidelines:
Bachelor's Degree in Business, Civil or Electrical Engineering or a closely related field; AND ten years of
utility operations experience, including five years of supervisory or management experience.
Knowledge of:
• Applicable regulatory codes and laws regarding the development, construction and operation of gas and
electric utilities.
• City organization, operations, policies, and procedures.
• Customer service standards and protocols.
• General Orders (CPUC) rules for construction and maintenance of overhead and underground electric
supply and communications systems.
• Methods, materials, techniques and equipment used in construction, operations, inspection, design and
maintenance of gas and electric utilities.
• Occupational hazards and standard safety procedures.
• Principles and practices for operating public electric, water, and gas utilities.
• Principles and practices of administrative management.
• Principles and practices of contract administration and project management.
• Principles and practices of effective employee supervision.
• Principles and practices of public finance.
• Principles and practices of regulatory management.
• Principles and practices of strategic planning.
• Principles and practices of water resource management.
Skill in:
• Building effective teams and providing efficient customer services.
• Communicating effectively verbally and in writing.
• Dealing tactfully and courteously with the public.
• Defining problems, establishing facts, and drawing valid conclusions.
• Directing the work of subordinate staff.
• Establishing and maintaining cooperative working relationships with City Administrator, City Council,
managers, supervisors, staff, contractors, suppliers, developers, businesses, external public agencies
and the general public.
• Formulating and presenting policy recommendations.
• Interpreting and applying City, state and federal policies, laws and regulations.
• Investigating, analyzing and resolving complex and sensitive issues and complaints.
• Making appropriate decisions while ensuring compliance with City goals and objectives.
• Managing situations requiring diplomacy, fairness, firmness and sound judgment.
• Operating a personal computer and various software applications.
• Understanding and negotiating complex technical agreements with other agencies.
• Using initiative and independent judgment within established procedural guidelines.
LICENSE AND CERTIFICATION REQUIREMENTS:
A valid California State Driver's License is required.
A valid State of California Grade II Water Distribution License is desirable.
Additional training/certification may be required.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT:
Work is performed in a standard office environment; may involve occasional exposure to high voltage
switches and inclement weather.
Director of Gas and Electric Vernon CA 2 of 2
FULLY EXECUTED AGREEMENT
CONTRACT/AMENDMENT SIGNATURE ROUTING FORM
CONTRACTOR: Port Canaveral Power Consultants, Inc.
CONTRACT PURPOSE: Amend Professional services agreement with Port Canaveral Power Consultants, Inc.
to innoint Pater Hervisb (President) ac Interim Gas & Electric Director of the City of Vernon_
CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP
❑ COMPETITIVE BID & NOTICED INVITATION TO BID
❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED)
❑ SERVICES ❑ MATERIALS X BUDGETED ❑ NOT BUDGETED
Not -to -exceed $260,000/yr
TOTAL CONTRACT VALUE: $ (original contract amount) Charge Acct. No(s) 055,9000.501010
No change in
Amendment Value $original contract ❑ Contract is an Amendment to Contract No. (if applicable)
amount
RESPONSIBLE DEPARTMENT PERSON: Diana Figueroa PHONE: ext. 570
AUTHORIZATION: N Approved by Council on 4/5/16
(Check One) Resolution No. 2ot6-14 (if applicable)
❑ Approved by City Administrator on
Note: Attach supporting documentation
❑Amendment Approved by (if applicable)
ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) Initials Date
(1) Responsible Department Person
Checks substance of contract and assembles two (2) copies of
contract, insurance & bond documents, certifies compliance
with Competitive Bidding and Purchasing Ordinance
(2) Liability and Claims
Approves insurance and sureties, if bonds required % rr e/
(3) Finance (Purchasing)' r
Checks compliance with Competitive Bidding & Living Wage Ordinances
and reflected in current budget
(4) City Attorney
Approves contract as to for, verifies bonds and insurance included
m3
(5) City Signatory I
Signs all copies on behalf of City
(6) City Clerk
Attests signatures, numbers, files contract, insurance and bonds, and`/r
transmits duplicate original to contractor, notifies IT to remove related RFP/bid
notice, notifies any "consultant" of duties to file Form 700, if applicable
Rev. 1 /27/14
TRANSMITTAL COMMUNICATION
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
June 16, 2016
Peter Hervish
Port Canaveral Power Consultants, Inc.
9160 Spring Time Drive
Vero Beach, Florida 32963-3155
Re: Amendment No. 1 to Professional Services Agreement for Energy Projects Consultant
Services — Interim Director of VG&E
Dear Mr. Hervish:
The insurance requirements have been met. Please find enclosed one fully executed agreement
as referenced above, approved by City Council on April 5, 2016.
If you have any questions regarding this matter, please call Carlos Fandino at (323) 583-8811
ext. 834.
Very truly yours,
Deborah R. Juarez, --
Records Management Assistant
Carlos Fandino
Purchasing Department
Agreement File No. 16-036
EXcfusiveC Industrial
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF VERNON AND PORT CANAVERAL POWER CONSULTANTS, INC.,
FOR ENERGY PROJECTS CONSULTANT SERVICES
This Amendment ("Amendment No. I") to that certain Agreement for professional
services dated November 19, 2014, (the "Agreement"), is made as of April 5, 2016, by and
between the City of Vernon, a California charter city and municipal corporation (the "City"), and
Port Canaveral Power Consultants, Inc. ("Contractor"), a Florida corporation.
WHEREAS, the City and Contractor are parties to a written Agreement dated
November 19, 2014, under which Contractor provides energy consulting services; and
WHEREAS, the City and Contractor desire to amend the Agreement to appoint Peter
Hervish, President of Contractor, as Interim Gas & Electric Director of the City of Vernon,
effective April 5, 2016. City engages Peter Hervish as the Interim Gas & Electric Director to
perform the duties specified in the job description for the position as attached hereto as
Attachment "A", and incorporated herein by this reference, as the same may be modified by the
City Council, from time to time, and to perform other such legally permissible and proper duties
and functions as the City Administrator shall, from time to time, assign.
NOW, THEREFORE, the parties to this Amendment No. 1 agree as follows:
1. Effective as of April 5, 2016, the Agreement is hereby amended to appoint Peter
Hervish, President of Port Canaveral Power Consultants, Inc., as Interim Gas & Electric
Director.
2. Hervish will remain as a consultant and independent contractor, and will not
become a City employee.
3. Hervish agrees that, to the best of his ability and experience, he will at all times
conscientiously perform the duties and obligations required under the Interim Gas & Electric
Director position, either express or implied, by the terms of this Amendment No. 1, the
ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations
of the State of California and the United States.
4. Hervish is required to work a full and complete work week pursuant to the
established work schedule as determined by the City Administrator, and devote whatever time is
necessary to fulfill the employment responsibilities as identified in this Amendment No. 1.
5. Hervish's compensation and rate schedule for services rendered under this
Amendment No. 1 are set forth in Section 5.0 and related exhibits of the existing Agreement.
The existing compensation rates and not -to -exceed amounts set forth in the Agreement remain
unchanged by this Amendment No. 1.
6. This appointment is temporary, until such time as a Gas & Electric Director is
appointed by the City Council upon completion of a recruitment process to fill the position on a
permanent basis.
-I-
7. Upon completion of this temporary appointment, Hervish's role and duties shall
revert to the role and duties set forth in the Agreement, for the remaining Agreement term.
8. Except as expressly modified by this Amendment No. 1, all provisions of the
Agreement shall remain in full force and effect.
9. The provisions of this Amendment No. 1 shall constitute the entire agreement of
the parties with respect to the subject matter included in this Amendment No. I and shall
supersede any other agreement, understanding, or arrangement, whether written or oral, between
the parties with respect to the subject matter of this Amendment No. 1.
10. The person or persons executing this Amendment No. I on behalf of each of the
parties warrants and represents that he or she has the authority to execute this Amendment No. I
on behalf of that party and has the authority to bind that party to the performance of its
obligations hereunder.
IN WITNESS WHEREOF, the parties have signed this Amendment No. I as of the date
stated in the introductory clause.
[SIGNATURES FOLLOW ON NEXT PAGE]
-2-
CITY OF VERNON a California charter city
and municipal corporation
By:
Carlos Fandino, City Administr or
ATTEST:
Maria . Ayala, Ci Clerk
APPROVED AS TO FORM:
Za ussa, Deputy City Attorney
Port Canaveral Power Consultants, Inc., a Florida
corporation
By:
r
Name:
Title:
By:
Name:
Title:
-3-
ATTACHMENT A
-4-
�1
JOB DESCRIPTION
Director of Gas and Electric
Date Prepared: March 2016 Class Code: 8010
SUMMARY: Under administrative direction, provides leadership and direction over the activities of the City's
Gas and Electric Department.
ESSENTIAL FUNCTIONS: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following
representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class;
employees maybe assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does
not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include,
but are not limited to, the following:
• Plans, directs, and coordinates through subordinate staff the Department's work plan; assigns projects
and program areas of responsibility; reviews and evaluates work methods and procedures; meets with key
staff to identify and resolve problems.
• Determines the overall Departmental organizational structure, mission, core services and allocation of
financial, human, and capital resources; develops and administers annual capital and operating budgets.
• Serves as a technical advisor to the City Administrator and the City Council regarding the City's gas and
electric utilities.
• Plans, organizes, directs and reviews all electrical and gas utility operations.
• Develops and manages short- and long-term Department goals, objectives, policies, and procedures.
• Supervises subordinate staff; sets work priorities; creates work schedules; provides training; conducts
performance evaluations; rewards and/or disciplines employees.
• Develops and administers annual operating and capital budgets; monitors budget, revenue, and
expenditure trends; measures and evaluates organizational effectiveness.
• Coordinates utility engineering projects with City Engineer including planning, directing and reviewing the
design, construction, and maintenance of electric and gas utility systems.
• Develops overall policies, financial resources, and facility plans for electric and gas utilities in conjunction
with key staff and consultants.
• Conducts resource planning with other agencies and businesses requiring negotiations involving complex
terms and conditions for integrated power resources and for participation in joint ownership of
transmission and generation facilities.
• Directs the preparation of technical and administrative reports; presents reports and recommendations to
the City Administrator, City Council, Boards and Commissions.
• Coordinates with consultants and other agencies on regulatory and legislative matters affecting power
resources and gas operations.
• Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures;
monitors and evaluates work load, technical support systems, internal reporting relationships, and inter-
agency issues; identifies opportunities for improvement, and develops recommendations.
• Supports the relationship between the City of Vernon and the general public by demonstrating courteous
and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work -
related issues and City information; performs other duties as required or assigned.
Director of Gas and Electric Vernon CA 1 of 2
MINIMUM QUALIFICATIONS:
Education, Training and Experience Guidelines:
Bachelor's Degree in Business, Civil or Electrical Engineering or a closely related field; AND ten years of
utility operations experience, including five years of supervisory or management experience.
Knowledge of:
• Applicable regulatory codes and laws regarding the development, construction and operation of gas and
electric utilities.
• City organization, operations, policies, and procedures.
• Customer service standards and protocols.
• General Orders (CPUC) rules for construction and maintenance of overhead and underground electric
supply and communications systems.
• Methods, materials, techniques and equipment used in construction, operations, inspection, design and
maintenance of gas and electric utilities.
• Occupational hazards and standard safety procedures.
• Principles and practices for operating public electric, water, and gas utilities.
• Principles and practices of administrative management.
• Principles and practices of contract administration and project management.
• Principles and practices of effective employee supervision.
• Principles and practices of public finance.
• Principles and practices of regulatory management.
• Principles and practices of strategic planning.
• Principles and practices of water resource management.
Skill in:
• Building effective teams and providing efficient customer services.
• Communicating effectively verbally and in writing.
• Dealing tactfully and courteously with the public.
• Defining problems, establishing facts, and drawing valid conclusions.
• Directing the work of subordinate staff.
• Establishing and maintaining cooperative working relationships with City Administrator, City Council,
managers, supervisors, staff, contractors, suppliers, developers, businesses, external public agencies
and the general public.
• Formulating and presenting policy recommendations.
• Interpreting and applying City, state and federal policies, laws and regulations.
• Investigating, analyzing and resolving complex and sensitive issues and complaints.
• Making appropriate decisions while ensuring compliance with City goals and objectives.
• Managing situations requiring diplomacy, fairness, firmness and sound judgment.
• Operating a personal computer and various software applications.
• Understanding and negotiating complex technical agreements with other agencies.
• Using initiative and independent judgment within established procedural guidelines.
LICENSE AND CERTIFICATION REQUIREMENTS:
A valid California State Driver's License is required.
A valid State of California Grade II Water Distribution License is desirable.
Additional training/certification may be required.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT:
Work is performed in a standard office environment; may involve occasional exposure to high voltage
switches and inclement weather.
Director of Gas and Electric Vernon CA 2 of 2
STAFF REPORT
�A���Zp16
�LERKSgFFICE
DATE: April 5, 2016
STAFF REPORT
CITY ADMINISTRATION
TO: Honorable Mayor and City Council
FROM: Carlos R. Fandino, Jr., City Administrator
Originator: Diana Figueroa, Administrative Secretary
RE: Approval of a Resolution Appointing Peter Hervish of Port Canaveral Power
Consultants, Inc. to Serve as Interim Director of Vernon Gas & Electric
Recommendation
A. Find that appointment of Peter Hervish as the Interim Director of Vernon Gas & Electric
is exempt from California Environmental Quality Act ("CEQA") review, because it is a
general administrative activity that will not result in direct or indirect physical changes in
the environment and therefore does not constitute a "project" as defined by CEQA
Guidelines Section 15378. Furthermore, even if it were a project, because such activity
will not have any effect on the environment, this action would be exempt from CEQA
review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA
only applies to projects that may have a significant effect on the environment; and
B. Approve Mr. Peter Hervish of Port Canaveral Power Consultants, Inc. ("Port Canaveral")
to assume the position of Interim Director of Gas and Electric, effective April 5, 2016.
This proposed assignment is temporary, until such time as a Director is appointed by
Council upon completion of a recruitment process to fill the position on a permanent
basis; and
C. Adopt the attached resolution and authorize the execution Amendment No. 1 to the
Professional Services Agreement ("Agreement") between the City of Vernon and Port
Canaveral Power Consultants, Inc. for Energy Projects Consultant Services. The existing
compensation rates set forth in the Agreement remain unchanged by this proposed
Amendment No. 1, with the grand total amount not -to -exceed $780,000 over the three (3)
year term of the agreement which expires on November 18, 2017.
Background
The City of Vernon must secure an individual on a temporary basis to fill the position of Director
of Vernon Gas & Electric ("VG&E") which has been vacated effective March 15, 2016, since
Page 1 of 2
the former Director, Mr. Carlos Fandino, has been appointed to the position of City
Administrator. It is anticipated that the Interim Director of VG&E position will be required for
approximately six (6) months until the Council completes its recruitment process to fill the
position on a permanent basis.
As Interim Director of VG&E, Mr. Hervish will maintain a traditional City work schedule,
reporting to City Hall Monday through Thursday, to ensure the daily operations of VG&E are
managed. The Interim Director of VG&E shall report directly to the City Administrator.
Candidate Backeround
Mr. Hervish has 11 years of experience working for the City's Gas and Electric Department. He
has another 31 years working in the energy industry with internationally recognized firms such
as Fluor Corporation, Foster Wheeler Energy, and Westinghouse Electric Corporation.
As the principal of Port Canaveral, Mr. Hervish has provided consultation services for the City
of Vernon for project management and engineering provisions encompassing all aspects of
planning, development, and licensing that may be involved in the commissioning of energy
projects. He has provided valuable insight, offering solutions to meet the City's business
objectives and aggressive goals to expand the portfolio of energy sources utilized by VG&E, to
meet state requirements, and provide the utmost quality of service to customers within City
boundaries. Mr. Hervish has been the coordinating interface between the City of Vernon and
entities such as environmental planning and permit companies, the County Planning Department
of Kern County, and many Renewable Energy suppliers.
Given Mr. Hervish's qualifications, work experience, and familiarity with the City of Vernon, he
is well suited to meet the needs of the City. It is recommended that Council approve Mr. Hervish
for the position of Interim Director of Gas and Electric who will operate under Amendment No.
1 to the existing Port Canaveral agreement which has been reviewed and approved by the City
Attorney's office. The appointment of Mr. Hervish will enable Mr. Fandino to enter into his new
role with the assurance that Mr. Hervish can effectively manage the VG&E operation transition
with minimal disruption to the daily functions of the department.
Fiscal Impact
The services agreement with Port Canaveral has been included in the 2015-2016 VG&E budget
and earmarked for subsequent years. The total cost to be incurred, covering all sections of the
modified scope of services, is for an amount not -to -exceed $780,000 over the course of the three
(3) year term, with a termination date of November 18, 2017. The existing compensation rates
and not -to -exceed amounts set forth in the Agreement remain unchanged by this Amendment
No. 1.
Attachment(s)
1. Professional Services Agreement between the City of Vernon and Port Canaveral Power
Consultants, Inc. for Energy Projects Consultant Services
2. Professional Resume for Mr. Hervish
Page 2 of 2
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND
PORT CANAVERAL POWER CONSULTANTS, INC. FOR ENERGY PROJECTS
CONSULTANT SERVICES
Contractor:
Responsible Principal of Contractor:
Notice Information - Contractor:
Notice Information - City:
Commencement Date:
Termination Date:
Consideration:
COVER PAGE
Port Canaveral Power Consultants, Inc.
Peter V. Hervish, President
Port Canaveral Power Consultants, Inc.
9160 Spring Time Drive
Vero Beach, Florida 32963
Attention: Peter V. Hervish, President
Phone: (772) 492-3276
Email: phervish@gmail.com
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Carlos Fandino Jr.
Director of Gas & Electric
Telephone: (323) 583-8811 ext. 573
Facsimile: (323) 826-1408
November 19, 2014
November 18, 2017 (unless terminated
earlier)
Total not to exceed $260,000 per each 12
month period (includes all applicable sales
tax): and more particularly described in
Exhibit C
Records Retention Period Three (3) years, pursuant to Section 9.19
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND
PORT CANAVERAL POWER CONSULTANTS, INC. FOR ENERGY PROJECTS
CONSULTANT SERVICES
This Contract is made between the City of Vernon ("City"), a California charter City and
California municipal corporation ("City"), and Port Canaveral Power Consultants, Inc., a Florida
corporation ("Contractor").
The City and Contractor agree as follows:
1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to
perform the services as hereinafter set forth as authorized by the City Council on October 21,
2014.
2.0 SCOPE OF SERVICES.
2.1 Contractor shall perform all work necessary to complete the services set
forth in the Request for Proposals dated August 21, 2014, Exhibit "A", and Contractor's proposal
to the City ("Proposal') dated September 9, 2014, Exhibit "B", both of which are attached to and
incorporated into this Contract, by reference.
2.2 All services shall be performed to the satisfaction of City.
2.3 All services shall be performed according to the standards then prevailing
in the energy consulting profession.
3.0 PERSONNEL.
3.1 Contractor represents that it employs, or will employ, at its own
expense, all personnel required to perform the services under this Contract.
3.2 Contractor shall not subcontract any services to be performed by it
under this Contract without prior written approval of City.
3.3 All of the services required hereunder will be performed by Contractor or
by City -approved subcontractors. Contractor, and all personnel engaged in the work, shall be
fully qualified and authorized or permitted under State and local law to perform such services
and shall be subject to approval by the City.
4.0 TERM.
2
The term of this Contract shall commence on November 19, 2014, and it shall continue
until November 18, 2017, unless terminated at an earlier date pursuant to the provisions thereof.
5.0 COMPENSATION AND FEES.
5.1 Contractor has established rates for the City of Vernon which are
comparable to and do not exceed the best rates offered to other governmental entities in and
around Los Angeles County for the same services. For satisfactory and timely performance of
the services, the City will pay Contractor in accordance with the payment schedule set forth in
Exhibit "C".
5.2 Contractor's grand total compensation for the entire term of this Contract,
including change orders, shall not exceed $260,000 per each 12 month period, or $780,000
over the term of the Agreement, without the prior authorization of the City Council and written
amendment of this Contract.
5.3 Contractor shall, at its sole cost and expense, furnish all necessary and
incidental labor, material, supplies, facilities, equipment and transportation which may be
required for furnishing services pursuant to this Contract. Materials shall be of the highest
quality. The above Contract fee shall include all staff time and all clerical, administrative,
overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related
costs and expenses.
6.0 PAYMENT.
6.1 As scheduled services are completed, Contractor shall submit to the
City an invoice for the services completed, authorized expenses, and authorized extra work
actually performed or incurred according to said schedule.
6.2 Each such invoice shall state the basis for the amount invoiced, including
a detailed description of the services completed, the number of hours spent, reimbursable
expenses incurred and any extra work performed.
6.3 Contractor shall also submit a progress report with each invoice that
describes in reasonable detail the services and the extra work, if any, performed in the
immediately preceding calendar month.
6.4 Contractor understands and agrees that invoices which lack sufficient
detail to measure performance will be returned and not processed for payment.
6.5 City will pay Contractor the amount invoiced within thirty (30) days after
the City approves the invoice.
6.6 Payment of such invoices shall be payment in full for all services,
authorized costs and authorized extra work covered by that invoice.
7.0 CHANGE ORDERS. The Director of the Department of Gas & Electric
shall have the authority to issue change orders for administrative and non -material changes to
the scope of services and to the time for performance as long as the change orders do not
increase the compensation due to Contractor under this Contract and as long as the time is not
extended beyond three years. The City Administrator, shall have the authority to issue
administrative change orders to increase the compensation due Contractor under this Contract,
but the combined total amount of such change orders shall not exceed $290,000 per each 12
month period.
8.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be
reasonably necessary for Contractor to perform its services; and will give any required decisions
as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's
services.
9.0 GENERAL TERMS AND CONDITIONS.
9.1 INDEPENDENT CONTRACTOR.
9.1.1 It is understood that in the performance of the services herein
provided for, Contractor shall be, and is, an independent contractor, and is not an agent or
employee of City and shall furnish such services in its own manner and method except as
required by this Contract. Further, Contractor has and shall retain the right to exercise full
control over the employment, direction, compensation and discharge of all persons employed by
Contractor in the performance of the services hereunder. Contractor shall be solely responsible
4
for, and shall indemnify, defend and save City harmless from all matters relating to the payment
of its employees, including compliance with social security, withholding and all other wages,
salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
9.1.2 Contractor acknowledges that Contractor and any subcontractors,
agents or employees employed by Contractor shall not, under any circumstances, be
considered employees of the City, and that they shall not be entitled to any of the benefits or
rights afforded employees of City, including, but not limited to, sick leave, vacation leave,
holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term
disability or workers' compensation insurance benefits.
9.2 CONTRACTOR NOT AGENT. Except as the City may authorize
in writing, Contractor and its subcontractors shall have no authority, express or implied, to act
on behalf of or bind the City in any capacity whatsoever as agents or otherwise.
9.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications,
computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other
documents prepared by Contractor in furtherance of the work shall be the sole property of City
and shall be delivered to City whenever requested. Contractor shall keep such documents and
materials on file and available for audit by the City for at least three (3) years after completion or
earlier termination of this Contract. Contractor may make duplicate copies of such materials
and documents for its own files or for such other purposes as may be authorized in writing by
the City.
9.4 CORRECTION OF WORK. Contractor shall promptly correct any
defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without
additional cost to the City. The performance or acceptance of services furnished by Contractor
shall not relieve the Contractor from the obligation to correct subsequently discovered defects,
inaccuracy or incompleteness.
5
9.5 WAIVER. The City's waiver of any term, condition, breach or default of
this Contract shall not be considered to be a waiver of any other term, condition, default or
breach, nor of a subsequent breach of the one waived.
9.6 SUCCESSORS, This Contract shall inure to the benefit of, and shall be
binding upon, the parties hereto and their respective heirs, successors and/or assigns.
9.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract
or any rights hereunder without the prior written consent of the City and approval by the City
Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or
transfer shall be null and void and shall constitute a material breach by the Contractor of its
obligations under this Contract. No assignment shall release the original parties or otherwise
constitute a novation.
9.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal,
State, County and City laws, ordinances, rules and regulations, which are, as amended from
time to time, incorporated herein and applicable to the performance hereof, including but without
limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of
this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies.
9.9 ATTORNEY'S FEES. If any action at law or in equity is brought to
enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable
attorney's fees, costs and necessary disbursements in addition to any other relief to which such
party may be entitled.
9.10 INTERPRETATION.
9.10.1 Awlicable Law. This Contract, and the rights and duties of
the parties hereunder (both procedural and substantive), shall be governed by and construed
according to the laws of the State of California.
9.10.2 Entire 6greement. This Contract, including any exhibits
attached hereto, constitutes the entire agreement and understanding between the parties
regarding its subject matter and supersedes all prior or contemporaneous negotiations,
representations, understandings, correspondence, documentation and agreements (written or
oral).
9.10.3 Written Amendment. This Contract may only be changed
by written amendment signed by Contractor and the City Administrator or other authorized
representative of the City, subject to any requisite authorization by the City Council. Any oral
representations or modifications concerning this Contract shall be of no force or effect.
9.10.4 Severability. If any provision in this Contract is held by any
court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be
deemed severed from this Contract, and the remaining provisions shall nevertheless
continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion
had never been part of this Contract.
9.10.5 Order of Precedence. In case of conflict between the
terms of this Contract and the terms contained in any document attached as an Exhibit or
otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms
of the City's Request for Proposals shall control over the Contractor's Proposal.
9.10.6 Choice of Forum. The parties hereby agree that this
Contract is to be enforced in accordance with the laws of the State of California, is entered into
and/or is to be performed in the City of Vernon and that all claims or controversies arising out of
or related to performance under this Contract shall be submitted to and resolved in a forum
within the County of Los Angeles at a place to be determined by the rules of the forum.
9.10.7 Duplicate Originals. There shall be two (2) fully signed
copies of this Contract, each of which shall be deemed an original.
9.11 TIME OF ESSENCE. Time is strictly of the essence of this contract and
each and every covenant, term and provision hereof.
9.12 AUTHORITY OF CONTRACTOR. The Contractor hereby represents
7
and warrants to the City that the Contractor has the right, power, legal capacity and authority to
enter into and perform its obligations under this Contract, and its execution of this Contract has
been duly authorized.
9.13 ARBITRATION OF DISPUTES. Any dispute for under $25,000
arising out of or relating to the negotiation, construction, performance, non-performance,
breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance
with the Commercial Rules of the American Arbitration Association at Los Angeles, California
and judgment upon the award rendered by the Arbitrators may be entered in any court having
jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of
any claim filed or required to be filed against the City and reserves the right to conduct full
discovery.
9.14 INDEMNITY. Contractor agrees to indemnify, hold harmless and defend
(even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by
law, the City, its City Council and each member thereof, and its officers, employees,
commission members and representatives, from any and all liability, loss, suits, claims,
damages, costs, judgments and expenses (including attorney's fees and costs of litigation)
which in whole or in part result from, or arise out of, or are claimed to result from or to arise out
of:
1) any activity on or use of City's premises or facilities or any performance under
this Contract; or
(2) any acts, errors or omissions (including, without limitation, professional
negligence) of Contractor, its employees, representatives, subcontractors, or agent in
connection with the performance of this Contract.
i. This agreement to indemnify includes, but not limited to, personal injury
(including death at any time) and property or other damage (including, but without
limitation, contract or tort or patent, copyright, trade secret or trademark infringement)
sustained by any person or persons (including, but not limited to, companies, or
8
corporations, Contractor and its employees or agents, and members of the general
public).
9.14.1 RELEASE. Contractor agrees to release and covenants not to sue the
City, its City Council and each members thereof, and its officers, employees, commission
members and representatives for any damage or injury (including death) to itself, its officers,
employees, agents and independent contractors damaged or claiming to be damaged from any
performance under this Contract.
9.15 INSURANCE. Contractor shall, at its own expense, procure and maintain
policies of insurance of the types and in the amount set forth below, for the duration of the
Contract, including any extensions thereto. The policies shall state that they afford primary
coverage.
i. Automobile Liability with minimum limits of at least
$100,0001300,000150,000 if written on a personal automobile liability form, for
using a personal vehicle; or an amount of $500,000 including owned, hired, and
non -owned liability coverage if written on a Commercial automobile liability form.
ii. General Liability with minimum limits of at least $1,000,000 combined
single limits written on an Insurance Services Office (ISO) Comprehensive
General Liability "occurrence" form or its equivalent for coverage on an
occurrence basis. Premises/Operations and Personal Injury coverage is
required. The City of Vernon, its directors, commissioners, officers, employees,
agents and volunteers must be endorsed on the policy as additional insured as
respects liability arising out of the Contractor's performance of this Contract.
(1) If Contractor employs other contractors as part of the services
rendered, Contractor's Protective Coverage is required. Contractor may include
all subcontractors as insured under its own policy of shall furnish separate
insurance for each subcontractor, meeting the requirements set forth herein.
(2) Blanket Contractual Coverage (if required by the city).
0
(3) Products/Completed Operations Coverage (where such risk is
applicable, as determined by the City)
(4) Explosion, Collapse and/or Underground (X, C, and/or U) coverage
(where such risk is applicable, as determined by the City).
iii. Professional Errors and Omissions coverage in a sum of at least
$1,000,000. Applicable aggregates must be identified and claims history
provided to determine amounts remaining under the aggregate.
iv. Contractor shall comply with the applicable sections of the California
Labor Code concerning worker's compensation for injuries on the job.
Compliance is accomplished in one of the following manners:
(1) Provide copy of permissive self-insurance certificate approved by the
State of California; or
(2) Secure and maintain in force a policy of workers' compensation
insurance with statutory limits and Employer's Liability Insurance with a minimal
limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights
of subrogation against City, its directors, commissioners, officers, employees,
and volunteers for losses arising from performance of this Contract; or
(3) Provide a "waiver" form certifying that no employees subject to the
Labor Code's Workers' Compensation provision will be used in performance of
this Contract.
V. Each insurance policy included in this clause shall be endorsed to state
that coverage shall not be cancelled except after thirty (30) days' prior written
notice to City.
vi. Insurance shall be placed with insurers with a Best's rating of no less than
B.
vii. Prior to commencement of performance, Contract shall furnish City with a
certificate of insurance for each policy. Each certificate is to be signed by a
10
person authorized by that insurer to bind coverage on its behalf. The
certificate(s) must be in a form approved by City. City may require complete,
certified copies of any or all policies at any time.
viii. Failure to maintain required insurance at all times shall constitute a
default and material breach. In such event, Contractor shall immediately notify
City and cease all performance under this Contract until further directed by the
City. In the absence of satisfactory insurance coverage, City may, at its option:
(a) procure insurance with collection rights for premiums, attorney's fees and
costs against Contractor by way of set-off or recoupment from sums due
Contractor, at City's option; (b) immediately terminate this Contract; or (c) self -
insure the risk, with all damages and costs incurred, by judgment, settlement or
otherwise, including attorney's fees and costs, being collectible from Contractor,
by way of set-off or recoupment from any sums due Contractor.
9.16 NOTICES. Any notice or demand to be given by one party to the other
be given in writing and by personal delivery or prepaid first-class, registered or certified mail,
addressed as follows. Notice simply to the City of Vernon or any other City department is not
adequate notice.
If to the City:
Department of Gas & Electric
4305 Santa Fe Ave.
Vernon, CA 90058
Attention: Javier Valdez, Business and Account Supervisor
If to the Contractor:
Port Canaveral Power Consultants, Inc.
9160 Spring Time Drive
Vero Beach, Florida 32963
Attention: Peter V. Hervish
Any such notice shall be deemed to have been given upon delivery, if personally
delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date
11
of posting, whichever is earlier. Either party may change the address at which it desires to
receive notice upon giving written notice of such request to the other party.
9.17 TERMINATION FOR CONVENIENCE (VVithout_Causel. City may
terminate this Contract in whole or in part at any time, for any cause or without cause, upon
fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City
for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a
prorated amount based on the services satisfactorily completed and accepted prior to the
effective date of termination. Such payment shall be Contractor's exclusive remedy for
termination without cause.
9.18 DEFAULT. In the event either party materially defaults in its obligations
hereunder, the other party may declare a default and terminate this Contract by written notice to
the defaulting party. The notice shall specify the basis for the default. The Contract shall
terminate unless such default is cured before the effective date of termination stated in such
notice, which date shall be no sooner than ten (10) days after the date of the notice.
Termination for cause shall relieve the terminating party of further liability or
responsibility under this Contract, including the payment of money, except for payment for
services satisfactorily and timely performed prior to the service of the notice of termination, and
except for reimbursement of (1) any payments made by the City for service not subsequently
performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining
substitute performance.
9.19 MAINTENANCE AND INSPECTION OF RECORDS.
The City, or its authorized auditors or representatives, shall have access
to and the right to audit and reproduce any of the Contractors records to the extent the City
deems necessary to insure it is receiving all money to which it is entitled under the Contract
and/or is paying only the amounts to which Contractor is properly entitled under the Contract or
for other purposes relating to the Contract.
12
The Contractor shall maintain and preserve all such records for a period
of at least 3 years after termination of the Contract.
The Contractor shall maintain all such records in the City of Vernon. If
not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or
reimburse the City for all reasonable and extra costs incurred in conducting the audit at a
location other than the City of Vernon, including, but not limited to, such additional (out of the
City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
9.20 CONFLICT. Contractor hereby represents, warrants and certifies that no
member, officer or employee of the Contractor is a director, officer or employee of the City of
Vernon, or a member of any of its boards, commissions or committees, except to the extent
permitted by law.
9.21 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor
constitutes a legal days work. The Contractor, or subcontractor, if any, shall forfeit twenty-five
dollars ($25) for each worker employed in the execution of this Agreement by the respective
Contractor or subcontractor for each calendar day during which the worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code
as a penalty paid to the City; provided, however, work performed by employees of contractors in
excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon
compensation for all hours worked in excess of 8 hours per day at not less than 1 Y2 times the
basic rate of pay.
9.22 LIVING WAGES. Contractor, and any Subcontractor(s), shall comply with
the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit
°D". Upon the City's request, certified payroll records shall promptly be provided to the City.
9.23 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor
certifies and represents that, during the performance of this Contract, it and any other parties
with whom it may subcontract shall adhere to equal employment opportunity practices to assure
13
that applicants, employees and recipients of service are treated equally and are not
discriminated against because of their race, religion, color, national origin, ancestry, disability,
sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that
it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal
Employment Opportunity Practices provisions as set forth in Exhibit "E".
[Signatures Begin on Next Page].
14
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:
Mark itworth, City A mi *trator
ATTEST:
Ana Barcia, OeWy City erlc
Port Canaveral Power Consultants, Inc., a
Florida corporation
By:
Name:
Title:
15
EXHIBIT A
EXHIBIT A
REQUEST FOR PROPOSALS
16
City of Vernon
Request for Proposals (RFP)
Energy Projects Consultant Services
City of Vernon
Department of Gas & Electric
4305 Santa Fe Avenue, Vernon CA 90058
Phone: (323) 583-88-11
AQUA-1013
City of Vernon Energy Projects Consultant Services
Request for Proposals
CITY OF VERNON REQUEST FOR PROPOSAL
ENERGY PROJECTS CONSULTANT SERVICES
1. INTRODUCTION AND PROJECT
The City of Vernon is requesting proposals for Energy Projects Consultant. Services to provide
various technical energy project consulting of behalf of the City, acting as the coordinating
interface between the City and entities such as environmental compliance consultants,
environmental planning and permitting consultants, Engineering Procurement Construction
(EPC) contractors for both renewable and conventional energy projects, the Malburg Generating
Station, and potential new energy projects involving fueling with natural gas fired combustion
turbine power station.
The City will select one firm, based on demonstrated competence and a cost effective approach
to support the specific items defined in this Request for Proposal (RFP).
2. BACKGROUND
The City of Vernon was founded in 1905, is approximately 5.2 square miles in size, and is
located approximately 5 miles southeast of downtown Los Angeles California. Over its long
history Vernon has been developed as an industrial community. At the turn of the 20°i century
the lands that make up Vernon were comprised largely of farmlands. The presence of three
major rail lines in the area led influential business men and property owners to encourage the
railroad companies to run spur lines onto the farmlands. These rail extensions enabled the
creation of an "exclusively industrial" city. By the 1920's Vernon was attracting large stockyards
and meat packing facilities. In the 1930's Vernon became the location of choice for many heavy
industrial plants. As economic conditions changed over the decades, these large scale
industrial operations have relocated out of Southern California and Vernon has attracted
smaller, lighter industrial facilities. The City's business -friendly environment, low cost utilities
and key location for trucking and rail transport continue to position Vernon as an ideal location
for industrial uses.
City Govemment: The City Council consists of five members, elected from the City at -large,
who serve five-year staggered terms. The City Council annually appoints a Mayor and a Mayor
Pro Tom from its own membership to serve one-year terms.
Labor Force: Vernon has approximately 245 employees, and its departments include a Fire
Department, Police Department, Finance Department, Community Services and Water
Department, Light and Power Department and Health Department. Present bargaining units
recognized include the Vernon Police Officers Association, the Vernon Police Management
Association, the Vernon Fire Fighters Association, the Fire Management Association, and the
Teamsters Miscellaneous Unit. Other labor organizations have expressed an interest in setting
up bargaining units within the Vernon work force. In addition, the City is in the process of
modifying its employment system from an "at will" to a personnel merlt system. It is adopting
revised personnel procedures.
The City owns and operates an infrequently used historical power plant (Station A) located in
Vernon, California. Station A includes five diesel -fueled reciprocating internal combustion
engines (ICE), each with a nameplate rating of approximately 3.5 megawatts (MW). The
-2-
August 2014
City of Vernon Energy Projects Consultant Services
Request for Proposals
ICEs came online in 1933 and ceased to operate in the mid-1990s. In 1988, two 7,400
horsepower Allison 571-KA natural gas -fired combustion turbines (known as the H. Gonzales
Units), each with a nameplate rating of approximately 5.5 MW, were added to the two open
expansion bays In Station A. In 1999, a diesel -fueled emergency. generator was also Installed,
with a nameplate rating of approximately 230 kilowatts (M).
In October 2008, the City had controlled about 54,000 acres of land in fee title, purchase
options, and easements in Kelso Valley, Kern County, California. The City planned to develop
wind and solar energy generating projects on these City -controlled lands as part of the City
of Vernon Renewable Energy Development Program (Program). In February 2010, the City
sold about 12,500 acres of the wind resource area to NextEra Energy Resources, LLC. Since
that time, the City has continued to evaluate a number of project layouts on the remaining
City -controlled land known as the JBCWRP. At this time about 18,000 acres may be available
for further wind and solar development.
3. SCOPE OF SERVICES REQUIRED
Vernon is seeking the services of highly qualified consulting firm to provide the following
services to the city's Gas & Electric Department on an as needed basis:
1. Expertise. Provide technical expertise on the proper and optimal operations of:
a. Natural gas fired combustion turbine simple cycle electricity generating power
plants,
b. Natural gas fired combustion turbine combined cycle electricity generating power
plants,
c. Gas engine electricity generating power plants,
d. Wind powered electricity generating turbines and wind farm layouts with
transmission interconnection.
2. Procurement. Assist city in recommending and analyzing potential purchases of
equipment or materials for its electricity generation operations, especially as it may
relate to:
a. Natural gas fired simple cycle electricity generating turbine power plant,
b. Natural gas fired combined cycle electricity generating turbine power plants,
c. Wind powered electricity generating turbines and wind farms,
d. Gas engine electricity generating power plants.
3. Data Analysis. Review and analyze electrical -energy, emissions and output data to
determine:
a. Whether the operations of existing facilities may be improved
b. Proper operations of electrical generation facilities are being maintained.
c. Which potential purchases would be the best purchases for the city,
d. Verification that the turbine and stack at BACT (Best Available Control
Technology) for specific pollutants meet prevailing standards and the specific
limits.
4. Operational Improvements.
a. Provide technical recommendations on how to improve electrical generation and
distribution efficiencies new or existing combustion turbine power plants or other
electrical generation facilities.
b. Ensuring adherence to the technical requirements of the City's operating
Siemens and/or Alstom combustion turbines.
-3-
August 20114
City of Vernon Energy Projects Consultant Services
Request for Proposals
c. Ensuring operations comply with the existing contractual obligations
d. Monitor performance testing of simple and combined cycle electrical generation
plants for the purposes of measuring efficiencies and emission amounts for
specific pollutants and that the City is meeting prevailing standards and the
specified limits set forth in the Air Permits for that facility.
5. Review Plans. Analyze and/or draft site plans for new or improved natural gas fueled
electrical generating facilities.
6. Prepare Documents. Assist the city in various administrative functions, such as:
a. Drafting reports summarizing findings and making recommendations to policy
makers.
b. Assist in preparing °Requests for Proposals (RFP)": for the hiring of necessary
subject matter experts.
c. Preparing or reviewing technical specifications for equipment, materials or labor
the city's electric utility would need to purchase.
d. Develop equipment specifications and project proposals.
7. Project Development. Assist the City with development and coordination of project
schedules for all energy projects/efforts being developed by the City, identifying major
equipment deliverables, utility interconnection deliverables, key permit requirements,
and preparation of regular project status reports.
8. Protect Coordination._ Take lead In coordinating work among City departments with
environmental consulting firms regarding the management of environmental compliance
permits and documentation, and preparation of environmental studies for the
development of renewable and non-renewable energy resources. Coordinate work
performed by other environmental and/or engineering firms to ensure consistent
approach with the City's energy objectives, and compliance with regulatory permits for
energy projects approved by the City.
9. Coordination of Meteorological Data for Wind Energy Calculations. Take lead in
coordinating the services of the Meteorological Data Collection Consultant for the
purposes of wind farm turbine layouts, quantities, model, design efficiencies and -all
associated measuring equipment maintenance.
4. QUALIFICATIONS & CRITERIA
A. Qualifications: The City of Vernon will select one firm for all of the outlined Scope of
Service on the basis of qualifications, experience, and cost. The following are the
minimum qualifications to be used to evaluate responses to this Request for Proposal:
Primary person overseeing the work:
a. Have at least fifteen (15) years of experience in the electricity generation
field.
b. High knowledge in Engineering Procurement Construction (EPC) companies
and/or energy companies in a project engineering or project management
position.
c. Demonstrated experience in combustion engineering science and fuels
specifications with considerations for emissions and engineering science and
fuels specifications with considerations for emissions and environmental
compliance.
-4-
August zo14
City of Vernon Energy Projects Consultant Services
Request for Proposals
d. Holds a four year college degree in the physical/chemical sciences,
environmental sciences, processes engineering, engineering combustion
science, or a similar field (as determined by the city).
2. Proven success providing similar services.
3. Plant thermal system design and combustion engineering experience with major
combustion turbine OEMs such as Siemens, Westinghouse, Alstom, GE, Foster
Wheeler etc.
4. Expertise in analyzing energy plant equipment performance data, projecting
efficiencies, and projecting the useful life of equipment.
6. Preferred, but not required. The following firm attributes are highly desirable, but not
required:
1. Experience with OEM emissions criteria and guarantee measurement and
compliance.
2. Monitoring of emission products and mitigation to attain OEM guarantees and
government permit restrictions.
3. Plant thermal systems design and combustion engineering experience with a
major OEM.
4. Experience with analyzing energy plant equipment performance analysis data
and projecting efficiencies, parts life cycle, and compliance with emissions
criteria and guarantees.
5. Primary person in the firm overseeing the work holds an advanced degree in the
physical/chemical sciences, environmental sciences, processes engineering,
engineering combustion science, or a similar field (as determined by the city).
C. Selection Criteria: The City will conduct a comprehensive, fair, and impartial evaluation
of proposals received in response to this RFP. All proposals received from vendors will
be reviewed and evaluated by a committee of qualified personnel. The name,
information, or experience of the individual members will not be made available to any
vendor. The Evaluation Committee will first review and screen all proposals submitted,
except for the cost proposals, according to the minimum qualifications set forth above.
The following criteria will be used In reviewing and comparing the proposals and in
determining the highest scoring bid.
1. 400/6. Qualifications, background and prior experience of the firm in the Service
Area(s) being proposed, experience of key staff assigned to oversee services
provided to Vernon, evaluation of size and scope of similar work performed and
success on that work.
2. 30%. Cost and fees to the City for handling matters. Cost is not the sole
determining factor but will be taken into consideration. Proposer must offer
services at a rate comparable to the rate proposer offers to other governmental
entities for similar work. Offering a higher rate to the City than the comparable
rate is grounds for disqualification of the Proposer. If rates differ for different
types or levels of service, or for different Service Areas, the Proposer should so
state.
3. 10%. Responsiveness to the RFP, and quality and responsiveness of the
proposal.
4. 20%. References including past performance of proposer.
-5-
August 2014
City of Vernon Energy Projects Consultant Services
Request for Proposals
iiil- u1! 1 ;i
Respondents are asked to submit three.(3) copies of their proposals in sufficient detail to allow
for a thorough evaluation and comparative analysis. The proposal should include, at a
minimum, the following Information in sectionalized format addressing all phases of the work in
the RFP.
A. Format: Limit your proposal to 20 typed $.5' x 11' pages, or fewer, on white bond paper
of at least 20-pound weight single sided (excluding cover letter and attachments). You
may attach a fine brochure if you wish, but it must be as a separate attachment and
Independent from the required elements noted above.
1. Use a conventional typeface with a minimum font size of 12 points. Use a 1 Inch
margin on all borders.
2. Organize your submittal in the order described herein.
3. Provide one (1) unbound original of your firm's response and one (1) electronic
version sent via email to kaidezOld.vemon.cam
4. Prominently label the package: 'RFP for Energy Projects Consultant Services'
and include the name of the prime respondent.
Deliver the response to:
Attn: Javier Valdez
Department of Gas & Electric
City of Vernon
4306. Santa Fe Avenue
Vernon, CA 90058
5. Responses are due on or before 5:00 p.m. on Thursday, September 11, 2014.
Late response will not be accepted.
a. Monday, September 1, 2014 at 5:00 p.m. is the deadline to submit any questions
to Vernon regarding the RFP. Questions regarding the RFP should be sent
solely via small to. ivaidezAci.vemon.ca,us:
B. Cover letter: All proposals shall Include a cover letter which states that the proposal
shall remain valid for a period of not less than ninety (90) days from the date of
submittal. If the proposal contemplates the use of sub -contractors, the sub -contractors
shall be identified. in the cover letter. If the proposal is submitted by a business entity,
the cover letter shall be signed by an officer authorized to contractually bind the
business entity. With respect to the business entity, the cover letter shall also include:
the identification of the business entity, indluding the name, address and telephone
number of the business entity; and the name; title, address and telephone number of a
contact person during the proposal evaluation period.
C. Introduction: Present an introduction of the proposal and your understanding of the
assignment and significant steps, methods and -procedures to be employed by the
proposer to ensure quality delverables that can be delivered within the required time
from" and your identified budget.
-e-
AUpd 2014
City of Vernon Energy Projects Consultant Services
Request for Proposals
D. General Scope of Work: Briefly summarize the scope of workas the proposer
perceives or envisions it for each Service Area proposed.
E. Work Plan: Present concepts for conducting the work plan and interrelationship of all
products. Define the scope of each task including the depth and scope of analysis or
research proposed.
F. Fees and Costs: Although an important aspect of consideration, the financial cost
estimate will not be the sole justification for consideration. Negotiations may or may not
be conducted with the proposer; therefore, the proposal submitted should contain the
proposer's most favorable terms and conditions, since selection and award may be
made without discussion with any firm. All prices should reflect "not to exceed" amounts
per item. Proposer must offer services at a rate comparable to the rate proposer offers
to other governmental entities for similar work. Offering a higher rate to the City than the
comparable rate is grounds for disqualification of the Proposer.
G. Ability of the Proposer to Perform: Provide a detailed description of the proposer and
his/herfits qualifications, including names, titles, detailed professional resumes and past
experience in similar work efforts/products of key personnel who will be working on the
assignment. Provide a list of specific related work projects that have been completed by
the proposer which are directly related to the assignment described in this RFP. Note
the specific individuals who completed such project(s). Identify role and responsibility of
each member of the project team. Include the amount of time key personnel will be
involved in the respective portions of the assignment. Respondents are encouraged to
supply relevant examples of their professional product. Provide a list of references.
The selected firm shall not subcontract any work under the RFP nor assign any work
without the prior written consent of the City.
H. Affidavit of Non -Collusion. Proposer must submit a completed and signed, "Affidavit
of Non -Collusion." (Copy attached as Exhibit A).
7. ADDENDA, CHANGES, AND AMENDMENTS TO THIS SOLICITATION
At any time prior to the due date for responses, the City may make changes, amendments, and
addenda to this solicitation, including changing the date due to allow respondents time to
address such changes. Addenda, changes, and amendments, if made, will be posted on the
City's website (www.cityofvernon.org), which is deemed adequate notice. A proposer may
make a request to the City's project coordinator to be placed on a list of persons to receive
notice of any such addenda, changes, or amendments. The preferred manner of
communications Is via e-mail due to its timeliness.
S. CONDITIONS FOR RESPONSES TO RFP
The following conditions apply to this RFP process:
A. Nothing contained in this RFP shall create any contractual relationship between the
respondent and the City.
-7-
August 2014
City of Vernon Energy Projects Consultant Services
Request for Proposals
B. This RFP does not obligate the City to establish a list of service providers qualified as
prime contractors, or award a contract to any respondent. The City reserves the right to
amend or cancel this RFP without prior notice, at any time, at its sole discretion.
C. The City shall not be liable for any expenses incurred by any individual or organization in
connection with this RFP.
D. No conversations or agreements with any officer, agent, or employee of the City shall
affect or modify any terms of this RFP. Oral communications or any writtenle-mail
materials provided by any person other than designated contact staff of City shall not be
considered binding.
E. The City reserves the right, in its sole discretion, to accept or reject any or all Proposals
without prior notice and to waive any minor irregularities or defects in a Proposal. The
City reserves the right to seek clarification on a Proposal with any source.
F. The dates, times, and sequence of events related to this RFP shall ultimately be
determined by the City. The schedule shown above is subject to change, at the sole
discretion of the City, although the City will attempt to follow it and, if it must be altered,
will attempt to provide reasonable notice of the changes.
G. Respondents shall not issue any news release pertaining to this RFP, or the City without
prior written approval of the City.
H. All submitted proposals and information included therein or attached thereto shall
become public record upon delivery to the City Administrator's Office.
9. RIGHT BY THE CITY TO WITHDRAW THIS REQUEST
The City may, at its sole discretion and for any reason whatsoever, withdraw this solicitation at
any time.
10. LIVING WAGE ORDINANCE
The selected consultant shall pay qualifying employees a wage of not less than $10.30 per hour
with health benefits, or $11.55 per hour without health benefits. The consultant shall also
provide qualifying employees at least twelve days off per year for sick leave, vacation or
personnel necessity, and an additional ten days a year of uncompensated time for sick leave.
There shall a prohibition on employer retaliation against an employee's complaining to the City
with regard to the employer's compliance with the living wage ordinance. Contractor, and any
Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage
Standards are set forth in Exhibit "0" of the standard form contract, attached hereto as Exhibit
B. Upon the City's request, certified payroll records shall promptly be provided to the City.
-8-
August = 4
City of Vernon Energy projects Consultant Services
Request for Proposals
11. STANDARD TERMS AND CONDITIONS
Prior to the award of any work hereunder, City and proposer shall enter into the written contract
attached hereto, for services, as an Exhibit B. Proposers responding to this RFP are strongly
advised to review all the terms and conditions of the Contract. The term of the Contract shall
not exceed three (3) years.
.g.
August2014
City of Vernon Energy Projects Consultant Services
Request for Proposals
EXHIBIT A
AFFIDAVIT OF NON -COLLUSION
-1d-
August 2014
AFFIDAVIT OF NON -COLLUSION BY CONTRACTOR
STATE OF CALIFORM JS4
COUNTY OFLOS ANGELES]
and says that he/she is
of
(Insert name of bidder)
being first duly sworn deposes
(hns«t "sole ownee ,, `Patinae,. "Pre wmr. "sac uty,% or cuter properr►no)
who submits herewith to the City or Vernon a proposal;
That all statements of fact in such proposal are true;
That such proposal was not made in the interest of or on behalf of any undisclosed person,
Partnership, company, association, organization or corporation;
That such proposal is genuine and not collusive or sham;
That said bidder has not, directly or indirectly by agreement, communication or conference with
anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any
other bidder or anyone else interested in the proposed contract; and further
That prior to the public opening and reading of proposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal;
b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or
anyone else would submit a false or sham proposal, or that anyone should refrain from bidding or
withdraw his proposal;
c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with
anyone to raise or fix the proposal price of said bidder or of anyone else, or to raise of fix any overhead
profit or cost element of this proposal price, or of that of anyone else;
d. Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the contents
thereof, or divulge information or data relative thereto, to nay corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, or to any individual or
group of individuals, except the City of Vernon, or to any person or persons who have a partnership or
other financial interest with bidder in his business.
t certify under penalty of perjury that the above information is correct
By: Title:
Date:
City of Vernon Energy Projects Consultant Services
Request for Proposals
EXHIBIT B
STANDARD FORM CONTRACT
-11
August 2014
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND
[CONTRACTOR'S NAME] FOR ENERGY PROJECTS CONSULTANT SERVICES
Contractor:
Responsible Principal of Contractor.
Notice Information - Contractor.
Notice Information - City:
Commencement Date:
Termination Date:
Consideration:
Records Retention Period
COVER PAGE
(insert name of contractor]
(insert name, title]
[insert name of contractor]
[insert street address]
[insert city, state, zip code]
Attention: [insert name, title]
Phone: [insert phone number]
Facsimile: (insert fax number]
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Carlos Fandino Jr.
Director of Gas & Electric
Telephone: (323) 583-8811 ext. 573
Facsimile: (323) 826-1408
[insert commencement date]
(insert termination date]
Total not to exceed $[insert amount]
(includes all applicable sales tax); and more
particularly described in Exhibit C
Three (3) years, pursuant to Section 9.19
August 2013
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND
[CONTRACTOR'S NAME] FOR ENERGY PROJECTS CONSULTANT SERVICES
This Contract is made between the City of Vernon ("City"), a Califomia charter City and
California municipal corporation ("City"), and [Contractor's Name], a [State incorporated in]
corporation ("Contractor).
The City and Contractor agree as follows:
1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to
perform the services as hereinafter set forth as authorized by the City Council on
2.0 SCOPE OF SERVICES.
2.1 Contractor shall perform all work necessary to complete the services set
forth in the Request for Proposals dated , Exhibit "A", and Contractor's proposal to
the City ("Proposal") dated Exhibit `B", both of which are attached to and
incorporated into this Contract, by reference.
2.2 All services shall be performed to the satisfaction of City.
2.3 All services shall be performed according to the standards then prevailing
in the [state] profession.
3.0 PERSONNEL.
3.1 Contractor represents that it employs, or will employ, at its own
expense, all personnel required to perform the services under this Contract.
3.2 Contractor shall not subcontract any services to be performed by it
under this Contract without prior written approval of City.
3.3 All of the services required hereunder will be performed by Contractor or
by City -approved subcontractors. Contractor, and all personnel engaged in the work, shall be
fully qualified and authorized or permitted under State and local law to perform such services
and shall be subject to approval. by the City.
4.0 The Contractor shall commence the delivery of services on receipt of a written
notice to proceed and shall complete the services on the schedule set forth in Exhibit "_'
August 2013
The term of this Contract shall commence on [state date], and it shall continue until [state date
which may not be more than three years from the commencement date], unless terminated
at an earlier date pursuant to the provisions thereof.
5.0 COMPENSATION AND FEES.
5.1 Contractor has established rates for the City of Vernon which are
comparable to and do not exceed the best rates offered to other governmental entities in and
around Los Angeles County for the same services. For satisfactory and timely performance of
the services, the City will pay Contractor in accordance with the payment schedule set forth in
Exhibit "C".
5.2 Contractor's grand total compensation for the entire term of this Contract,
including change orders, shall not exceed [state amount] without the prior authorization of the
City Council and written amendment of this Contract.
5.3 Contractor shall, at its sole cost and expense, furnish all necessary and
incidental labor, material, supplies, facilities, equipment and transportation which may be
required for furnishing services pursuant to this Contract. Materials shall be of the highest
quality. The above Contract fee shall include all staff time and all clerical, administrative,
overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and ail related
costs and expenses.
6.0 PAYMENT.
6.1 As scheduled services are completed, Contractor shall submit to the
City an invoice for the services completed, authorized expenses, and authorized extra work
actually performed or incurred according to said schedule.
6.2 Each such invoice shall state the basis for the amount invoiced, including
a detailed description of the services completed, the number of hours spent, reimbursable
expenses incurred and any extra work performed.
6.3 Contractor shall also submit a progress report with each invoice that
describes in reasonable detail the services and the extra work, if any, performed in the
3 August 2013
immediately preceding calendar month.
6.4 Contractor understands and agrees that invoices which lack sufficient
detail to measure performance will be returned and not processed for payment.
6.5 City will pay Contractor the amount invoiced within thirty (30) days after
the City approves the invoice.
6.6 Payment of such invoices shall be payment in full for all services,
authorized costs and authorized extra work covered by that invoice.
7.0 CHANGE ORDERS. The Director of the Department of Gas & Electric
shall have the authority to issue change orders for administrative and non -material changes to
the scope of services and to the time for performance as long as the change orders do not
increase the compensation due to Contractor under this Contract and as long as the time is not
extended beyond three years. The City Administrator, shall have the authority to issue
administrative change orders to increase the compensation due Contractor under this Contract,
but the combined total amount of such change orders shall not exceed [state amount].
8.0 CITrS RESPONSIBIIiTY. City shall cooperate with Contractor as may be
reasonably necessary for Contractor to perform its services; and will give any required decisions
as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's
services.
9.0 GENERAL. TERM -AND CONDITIONS.
9.1 INDEPENDENT CONTRACTOR.
9.1.1 It is understood that in the performance of the services herein
provided for, Contractor shall be, and is, an independent contractor, and is not an agent or
employee of City and shall furnish such services in its own manner and method except as
required by this Contract. Further, Contractor has and shall retain the right to exercise full
control over the employment, direction, compensation and discharge of all persons employed by
Contractor in the performance of the services hereunder. Contractor shall be solely responsible
for, and shall indemnify, defend and save City harmless from all matters relating to the payment
4 August2013
of Its employees, including compliance with social security, withholding and all other wages,
salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
9.1.2 Contractor acknowledges that Contractor and any subcontractors,
agents or employees employed by Contractor shall not, under any circumstances, be
Considered employees of the City, and that they shall not be entitled to any of the benefits or
rights afforded employees of City, including, but not limited to, sick leave, vacation leave,
holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term
disability or workers' compensation insurance benefits.
9.2 CONTRACTOR NOT AGENT. Except as the City may authorize
in writing, Contractor and its subcontractors shall have no authority, express or implied, to act
on behalf of or bind the City in any capacity whatsoever as agents or otherwise.
9.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications,
computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other
documents prepared by Contractor in furtherance of the work shall be the sole property of City
and shall be delivered to City whenever requested. Contractor shall keep such documents and
materials on file and available for audit by the City for at least three (3) years after completion or
earlier termination of this Contract. Contractor may make duplicate copies of such materials
and documents for its own files or for such other purposes as may be authorized in writing by
the City.
9.4 CORRECTION OF WORK. Contractor shall promptly correct any
defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without
additional cost to the City. The performance or acceptance of services furnished by Contractor
shall not relieve the Contractor from the obligation to correct subsequently discovered defects,
inaccuracy or incompleteness.
9.5 WAIVER. The City's waiver of any term, condition, breach or default of
this Contract shall not be considered to be a waiver of any other term, condition, default or
breach, nor of a subsequent breach of the one waived.
August 2013
9.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be
binding upon, the parties hereto and their respective heirs, successors and/or assigns.
9.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract
or any rights hereunder without the prior written consent of the City and approval by the City
Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or
transfer shall be null and void and shall constitute a material breach by the Contractor of its
obligations under this Contract. No assignment shall release the original parties or otherwise
constitute a novation.
9.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal,
State, County and City laws, ordinances, rules and regulations, which are, as amended from
time to time, incorporated herein and applicable to the performance hereof, including but without
limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of
this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies.
9.9 ATTORNEY'S FEES. If any action at law or in equity is brought to
enforce or Interpret the terms of this Contract, the prevailing party shall be entitled to reasonable
attorney's fees, costs and necessary disbursements in addition to any other relief to which such
party may be entitled.
9.10 INTERPRETATION.
9.10.1 Applicable Law. This Contract, and the rights and duties of
the parties hereunder (both procedural and substantive), shall be governed by and construed
according to the laws of the State of California.
9.10.2 Entire 6greement. This Contract, including any exhibits
attached hereto, constitutes the entire agreement and understanding between the parties
regarding its subject matter and supersedes all prior or contemporaneous negotiations,
representations, understandings, correspondence, documentation and agreements (written or
oral).
6 August 2013
9.10.3 Written Amendment. This Contract may only be changed
by written amendment signed by Contractor and the City Administrator or other authorized
representative of the City, subject to any requisite authorization by the City Council. Any oral
representations or modifications concerning this Contract shall be of no force or effect.
9.10.4 Severability. If any provision in this Contract is held by any
court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be
deemed severed from this Contract, and the remaining provisions shall nevertheless
continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion
had never been part of this Contract..
9.10.5 Order of Precedence. In case of conflict between the
terms of this Contract and the terms contained in any document attached as an Exhibit or
otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms
of the City's Request for Proposals shall control over the Contractor's Proposal.
9.10.6 Choice of Forum. The parties hereby agree that this
Contract is to be enforced in accordance with the laws of the State of California, is entered into
and/or is to be performed in the City of Vernon and that all claims or controversies arising out of
or related to performance under this Contract shall be submitted to and resolved in a forum
within the County of Los Angeles at a place to be determined by the rules of the forum.
9.10.7 Duplicate O iainals. There shall be two (2) fully signed
copies of this Contract, each of which shall be deemed an original.
9.11 TIME OF ESSENCE. Time is strictly of the essence of this contract and
each and every covenant, term and provision hereof.
9.12 AUTHORITY OF CONTRACTOR. The Contractor hereby represents
and warrants to the City that the Contractor has the right, power, legal capacity and authority to
enter into and perform its obligations under this Contract, and its execution of this Contract has
been duly authorized.
9.13 ARBITRATIO. OF DISPUTES. Any dispute for under $25,000
August 2013
arising out of or relating to the negotiation, construction, performance, non-performance,
breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance
with the Commercial Rules of the American Arbitration Association at Los Angeles, California
and judgment upon the award rendered by the Arbitrators may be entered in any court having
jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of
any claim filed or required to be filed against the City and reserves the right to conduct full
discovery.
9.14 INDEMNITY. Contractor agrees to indemnify, hold harmless and defend
(even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by
law, the City, its City Council and each member thereof, and its officers, employees,
commission members and representatives, from any and all liability, loss, suits, claims,
damages, costs, judgments and expenses (including attorney's fees and costs of litigation)
which in whole or in part result from, or arise out of, or are claimed to result from or to arise out
of:
1) any activity on or use of City's premises or facilities or any performance under
this Contract; or
(2) any acts, errors or omissions (including, without limitation, professional
negligence) of Contractor, its employees, representatives, subcontractors, or agent in
connection with the performance of this Contract.
i. This agreement to indemnify includes, but not limited to, personal injury
(including death at any time) and property or other damage (including, but without
limitation, contract or tort or patent, copyright, trade secret or trademark infringement)
sustained by any person or persons (including, but not limited to, companies, or
corporations, Contractor and its employees or agents, and members of the general
public).
9.14.1 RELEASE. Contractor agrees to release and covenants not to sue the
City, its City Council and each members thereof, and its officers, employees, commission
August 2013
members and representatives for any damage or injury (including death) to itself, its officers,
employees, agents and independent contractors damaged or claiming to be damaged from any
performance under this Contract.
9.15 INSURANCE. Contractor shall, at its own expense, procure and maintain
policies of insurance of the types and in the amount set forth below, for the duration of the
Contract, Including any extensions thereto. The policies shall state that they afford primary
coverage.
Automobile Liability with minimum limits of at least
$100,000/300,000/50,000 if written on a personal automobile liability form, for
using a personal vehicle; or an amount of $500,000 including owned, hired, and
non -owned liability coverage if written on a Commercial automobile liability form.
General Liability with minimum limits of at least $1,000,000 combined
single limits written on an Insurance Services Office (ISO) Comprehensive
General Liability "occurrence" form or its equivalent for coverage on an
occurrence basis. Premises/Operations and Personal Injury coverage is
required. The City of Vernon, its directors, commissioners, officers, employees,
agents and volunteers must be endorsed on the policy as additional insured as
respects liability arising out of the Contractor's performance of this Contract.
(1) If Contractor employs other contractors as part of the services
rendered, Contractor's Protective Coverage is required. Contractor may include
all subcontractors as insured under its own policy of shall furnish separate
insurance for each subcontractor, meeting the requirements set forth herein.
(2) Blanket Contractual Coverage (if required by the city).
(3) Products/Completed Operations Coverage (where such risk is
applicable, as determined by the city)
(4) Explosion, Collapse and/or Underground (X, C, and/or U) coverage
(where such risk is applicable, as determined by the city).
August 201.3
iii. Professional Errors and Omissions coverage in a sum of at least
$1,000,000. Applicable aggregates must be identified and claims history
provided to determine amounts remaining under the aggregate.
iv. Contractor shall comply with the applicable sections of the California
Labor Code concerning worker's compensation for injuries on the job.
Compliance is accomplished in one of the following manners:
(1) Provide copy of permissive self-insurance certificate approved by the
State of California; or
(2) Secure and maintain in force a policy of workers' compensation
insurance with statutory limits and Employer's Liability Insurance with a minimal
limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights
of subrogation against City, its directors, commissioners, officers, employees,
and volunteers for losses arising from performance of this Contract; or
(3) Provide a "waiver° form certifying that no employees subject to the
Labor Code's Workers' Compensation provision will be used in performance of
this Contract.
V. Each insurance policy included in this clause shall be endorsed to state
that coverage shall not be cancelled except after thirty (30) days' prior written
notice to City.
vi. Insurance shall be placed with insurers with a Bests rating of no less than
B.
vii. Prior to commencement of performance, Contract shall furnish City with a
certificate of insurance for each policy. Each certificate is to be signed by a
person authorized by that insurer to bind coverage on its behalf. The
cerocate(s) must be in a form approved by City. City may require complete,
certified copies of any or all policies at any time.
10 August 2013
viii. Failure to maintain required insurance at all times shall constitute a
default and material breach. In such event, Contractor shall immediately notify
City and cease all performance under this Contract until further directed by the
City. In the absence of satisfactory insurance coverage, City may, at its option:
(a) procure insurance with collection rights for premiums, attorney's fees and
costs against Contractor by way of set-off or recoupment from sums due
Contractor, at City's option; (b) immediately terminate this Contract; or (c) self -
insure the risk, with all damages and costs incurred, by judgment, settlement or
otherwise, including attorney's fees and costs, being collectible from Contractor,
by way of set-off or recoupment from any sums due Contractor.
9.16 NOTICES. Any notice or demand to be given by one party to the other
be given in writing and by personal delivery or prepaid first-class, registered or certified mail,
addressed as follows. Notice simply to the City of Vernon or any other City department is not
adequate notice.
If to the City:
Department of Gas & Electric
4305 Santa Fe Ave.
Vernon, CA 90058
Attention: Javier Valdez
If to the Contractor.
Any such notice shall be deemed to have been given upon delivery, if personally
delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date
11 August 2013
of posting, whichever is earlier. Either party may change the address at which it desires to
receive notice upon giving written notice of such request to the other party.
9.17 TERMINATION FOR CONVENIENCE (Without Cause). City may
terminate this Contract in whole or in part at any time, for any cause or without cause, upon
fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City
for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a
prorated amount based on the services satisfactorily completed and accepted prior to the
effective date of termination. Such payment shall be Contractor's exclusive remedy for
termination without cause.
9.18 DEFAULT. In the event either party materially defaults in its obligations
hereunder, the other party may declare a default and terminate this Contract by written notice to
the defaulting party. The notice shall specify the basis for the default. The Contract shall
terminate unless such default is cured before the effective date of termination stated in such
notice, which date shall be no sooner than ten (10) days after the date of the notice.
Termination for cause shall relieve the terminating party of further liability or
responsibility under this Contract, including the payment of money, except for payment for
services satisfactorily and timely performed prior to the service of the notice of termination, and
except for reimbursement of (1) any payments made by the City for service not subsequently
performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining
substitute performance.
9.19 MAINTENANCE AND INSPECTION OF RECORDS.
The City, or its authorized auditors or representatives, shall have access
to and the right to audit and reproduce any of the Contractor's records to the extent the City
deems necessary to insure it is receiving all money to which it is entitled under the Contract
and/or is paying only the amounts to which Contractor is properly entitled under the Contract or
for other purposes relating to the Contract.
12 August 2013
The Contractor shall maintain and preserve all such records for a period
of at least 3 years after termination of the Contract.
The Contractor shall maintain all such records in the City of Vernon. If
not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or
reimburse the City for all reasonable and extra costs incurred in conducting the audit at a
location other than the City of Vernon, including, but not limited to, such additional (out of the
City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
9.20 CONFLICT. Contractor hereby represents, warrants and certifies that no
member, officer or employee of the Contractor is a director, officer or employee of the City of
Vernon, or a member of any of its boards, commissions or committees, except to the extent
permitted by law.
9.21 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor
constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five
dollars ($25) for each worker employed in the execution of this Agreement by the respective
Contractor or subcontractor for each calendar day during which the worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code
as a penalty paid to the City; provided, however, work performed by employees of contractors in
excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon
compensation for all hours worked in excess of 8 hours per day at not less than 1% times the
basic rate of pay.
9.22 LIVING WAGES. Contractor, and any Subcontractor(s), shall comply with
the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit
"D°. Upon the City's request, certified payroll records shall promptly be provided to the City.
9.23 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor
certifies and represents that, during the performance of this Contract, it and any other parties
with whom it may subcontract shall adhere to equal employment opportunity practices to assure
13 August 2013
that applicants, employees and recipients of service are treated equally and are not
discriminated against because of their race, religion, color, national origin, ancestry, disability,
sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that
it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal
Employment Opportunity Practices provisions as set forth in Exhibit "E".
[Signatures Begin on Next Page].
14 August 2013
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vemon, a California charter City
and California municipal corporation
By:
Mark Whitworth, City Administrator
ATTEST:
Ana Barcia, Deputy City Clerk
APPROVED AS TO FORM:
Hema Patel, City Attorney
[CONTRACTOR'S NAME, a [State
incorporated in] corporation
By:
Name:
Title:
By:
Name:
Title:
15
August Zo13
EXHIBIT A
REQUEST FOR PROPOSALS
Is August 2013
EXHIBIT B
PROPOSAL
17 August2013
EXHIBIT C
SCHEDULE
18 August 2013
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Living Wanes:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour
with health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick
leave, vacation, or personal necessity, and an additional ten days a year of uncompensated
time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to
the employer's compliance with the living wage ordinance. Employees may bring an action in
Superior Court against an employer for back pay, treble damages for willful violations, and
attorney's fees, or to compel City officials to terminate the service contract of violating
employers.
19 August 2D13
EXHIBIT E
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the
contractor and each subcontractor shall adhere to equal opportunity employment practices
to assure that applicants and employees are treated equally and are not discriminated
against because of their race, religious creed, color, national origin, ancestry, handicap,
sex, or age. Contractor further certifies that it will not maintain any segregated facilities.
B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for
employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity
Employer' or that all qualified applicants will receive consideration for employment without
regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.
C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the
performance of this Agreement, discriminated against applicants or employees because of
their membership in a protected class.
D. Contractor agrees to provide the City with access to, and, if requested to do so by City,
through its awarding authority, provide copies of all of its records pertaining or relating, to its
employment practices, except to the extent such records or portions of such records are
confidential or privileged under state or federal law.
E. Nothing contained in this Agreement shall be construed in any manner as to require or
permit any act which is prohibited by law.
20 August 2013
EXHIBIT B
EXHIBIT B
PROPOSAL
17
PORT CANAVERAL POWER CONSULTANTS, INC.,
9 September.2014
City of Vernon
Department of Gas & Electric
Attention: Javier Valdez, Business & Account Supervisor
4305 Santa Fe Avenue
Vernon, CA 90058
Re: RFP Energy Projects Consultant Services
Dear Mr. Valdez,
Thank you for inviting Port Canaveral Power Consultants, Inc. the opportunity to submit a
proposal in response to the RFP entitled "Energy Projects Consultant Services". I have worked in
the energy industry on diverse international and domestic energy projects since 1975. 1 have
served the City of Vernon on all new energy projects since July 2005.
The attached proposal is valid for 90 (ninety) days from the date received by the City of Vernon.
The work contemplated within this proposal will be performed by myself, Peter Vernon Hervish.
Port Canaveral Power Consultants, Inc. is a Florida Profit Corporation with an effective date of
October 09, 2005. Its address and FEUEIN follow:
Port Canaveral Power Consultants, Inc.
9160 Spring Time Drive
Vero Beach, Florida 32963
Telephone (772) 492-3276
FEI/EIN: 20-3631839
Peter Hervish, the signatory below, is the President and Technical Director of Port Canaveral
Power Consultants, Inc. and is authorized to discuss the attached proposal with the City of Vernon
and authorized to contractually bind Port Canaveral Power Consultants, Inc. to any contract.
resulting from this proposal.
I look forward to hearing back from you with any questions. Please feel free to contact me by
telephone (323) 353-1356 or email (phervish@gmail.com).
Sincerely,
RFP Energy Projects Consultant by Port Canaveral Power Consultants, Inc.
PROPOSAL FOR ENERGY PROJECTS CONSULTANT SERVICES
Presented to
City of Vernon
Department of Gas & Electric
Attention: Javier Valdez, Business & Account Supervisor
4305 Santa Fe Avenue
Vernon, CA 90058
Submitted by
Peter V. Hervish
Port Canaveral Power Consultants, Inc
9160 Spring Time Drive
Vero Beach, Florida 32963
9 September 2014
INTRODUCTION
The City of Vernon has requested proposals for Energy Projects Consultant Services to provide
certain services to the City's Gas & Electric Department.
The City of Vernon may be assured that I will provide quality in the requested deliverables in this
proposal as the `Energy Projects Consultant'. I have been working directly with the City of
Vernon and their technical and legal consultants regarding energy projects for almost a decade. I
have been involved in performing the same services as requested in this RFP on energy projects
for three more decades with two global providers of energy project services namely Fluor
Engineers and Constructors and Foster Wheeler Energy and the top three providers of turbine
electrical generating equipment namely Westinghouse Electric Corporation, Siemens -
Westinghouse Power Corporation and General Electric Power Systems respectively.
I will discuss in the following sections my role in both Renewable and Non -Renewable energy
Projects and how I propose to continue to support the City as their `Energy Projects Consultant'.
GENERAL SCOPE OF WORKIWORK PLAN
There are Nine Services in the RFP that the City of Vernon's Gas & Electric Department is
seeking from a highly qualified consulting firm to provide:
Page 1 1
RFP Energy Projects Consultant by Port Canaveral Power Consultants, Inc.
1. Expertise. Provide technical expertise on the proper and optimal operations of:
a. Natural Gas fired combustion turbine simple cycle electricity generating power
plants- My primary role would be to monitor the operation of the simple cycle
combustion turbine -generator train and compare the original design specifications in
regard to heat rate and output to the current performance. I would look at the start and
stop procedures being used, ramp rates, and trip schedules to verify that the operators
are performing the way the manufacturer intended. The performance would be
determined through a rigorous test in accordance with the original manufacturer's
guarantee procedure, correction curves and current industrial guidelines similar to
what we use when testing MGS. I would calculate both the Net and Gross output and
efficiencies. Once the performance test results are reviewed and compared to the
expected performance based on the calculated equivalent operating hours the plant
operation would be reviewed to determine that the auxiliary load, which is the energy
required to operate the unit, is minimized and all normal maintenance in accordance
with the manufacture's recommendations is being performed. The aging turbine hot
gas parts and the compressor cleanliness is typically a major degrader of performance.
I would plan with the City operations department a time when the unit may be lock
and tagged out for up to 24 hours. I would then plan for a boro-scopic inspection of
the rotating parts to check for tip clearances and breakage including foreign object
damage. The air cooled generator inspection typically will be to ensure that all
manufacturers suggested and recommended upgrade guidelines have been followed. If
the generator is not in the correct operating sequence timeline for a rotor inspection
we would plan for a boro-scopic inspection to check for winding damages, insulator
coating degradation and the other test points against the manufacturer checklist. Once
all of the above testing and inspection is complete a recommendation report would be
generated to the City outlining the current operation of the plant and recommendations
to optimize it as required using suggested proper operating technique.
b. Natural gas fired combustion turbine combined cycle electricity generating
power plants- The combined cycle plant is one, two or three actual combustion
turbine generators exhausting through Heat Recovery Steam Generators (HRSG's),
one for each combustion turbine. These individual combustion turbine generators are
inspected and tested identically to a single simple cycle unit described in 1 (a) above.
The HRSG's supply high pressure steam and low pressure steam to a steam turbine
driver which then exhausts low energy steam to a typical vacuum condenser. We will
not consider dry fin -fan condensers in this proposal due to the inefficiencies they
create and the plumes of heat they generate into the atmosphere. The performance of
the steam turbine is measured as a function of the output, the degree of vacuum in the
condenser, the water flow rates to the condenser tubes, tube pressure profile,
temperature and mass flow to the Turbine high pressure -stop valve and turbine blade
scale build up and tip loss. In order to evaluate proper and optimal operation of the
combined cycle plant a performance test, similar to what is performed annually on
MGS, is undertaken and net and gross heat rate and output are calculated and
Page 12
RFP Energy Projects Consultant by Port Canaveral Power Consultants, Inc.
compared to the original design specification corrected to design conditions. A report
is subsequently generated which is based on the individual component thermodynamic
performance and the thermodynamic performance of the whole unit. The results of
these tests serve as the points that are either within the normal operating range based
on (Calculated Equivalent Operating Hours) EOH or outside the range. The
components outside the range will be identified and examined in closer detail on a
component by component basis.
c. Gas engine electricity generating power plants- The small and large scale piston
gas engines firing natural gas have taken over the market which was previously served
by liquid fueled engines. General Electric (GE) entered the market in 1957 and
currently has natural gas engines in the 1.5 to 9 MW range. The 20 cylinder J-920 has
an output of 8.6 MW's and would fit the foot print of the Station A diesels very well.
Elliott and Rolls Royce have engines which are used in offshore platforms using the
oil well `natural off gas' however the sulfur in this gas is problematic and corrosive
and the designs in their robust nature tend to be less efficient and not practical for
shore use. The GE J-series is a favorable machine for electricity generation in the 1.5
to 9 MW range. The units are built in three sections generator, engine and
turbocharger. Optimal operations require monitoring of inlet gas pressure and mole
composition of the gas, and operating temperatures. I recommend annual performance
testing of the units, with GE presence to witness, to maintain warranties and output at
guaranteed heat rates.
d. Wind powered electricity generating turbines and wind farm layouts
with transmission interconnection. Optimal operations shall mean economic
viability in the sense of being cost effective for the investor. It means whether or not
the system as a whole is cost effective "within the framework of the relevant energy
policy". In order for a farm to be operated optimally it must be market competitive in
the cost to make power. If the cost is not competitive the farm will fail. The cost to
make power is functionally derived from: mean annual wind speed at the site,
performance characteristics of the turbine model proposed, investment costs, high
technical availability of the wind turbine and running costs, essentially for operation
and maintenance. I additionally provide and manage the variables needed to support
the `Pro Forma' analysis model which will yield operational optimization.
2.Procurement. Assist city in recommending and analyzing potential purchases of
equipment or materials for its electricity generation operations, especially as it
may relate to:
a. Natural gas fired simple cycle electricity generating turbine power plant,
b. Natural gas fired combined cycle electricity generating turbine power plants,
c. Wind powered electricity generating turbines and wind farms,
d. Gas engine electricity generating power plants.
These four equipment types have one item in common and that item is the most
important -cost effectiveness and reliability over time. All equipment purchase
recommendations, including the Siemens LTSA, that I have been assisting the City
Page 13
RFP Energy Projects Consultant by Port Canaveral Power Consultants, Inc.
with since July 2005 are always the most cost effective for the City and create the
maximum revenue stream financial return among other vendors and selections. I have
30 years of Project Management experience also, prior to 2005 in the energy industry,
and have been involved with every type of purchase required for energy production
facilities for top energy firms including Exxon, Florida Power, Siemens -
Westinghouse -Energy, Foster -Wheeler Energy and Fluor Energy & Constructors. I
offer and would plan to continue serving the City in providing the best recommended
technology, the highest reliability and the best cost effectiveness over the life of the
equipment.
3.Data Analysis. Review and analyze electrical -energy, emissions and output data
to determine:
a. Whether the operations of existing facilities may be improved. I have been
monitoring the operation of MGS since the first start in the fall of 2005 as the City
Technical Services Manager and then continued this role after it was sold (i.e., from
April of 2008 through September 2014). Prior to the sale to Beowulf I worked daily
with City Plant Operations and Maintenance team from an office in Station A in a
leadership role and additionally provided the interface with Siemens to insure that
warranties were respected, emission guarantees were met, output and heat rate were
within the design parameters and maintenance was within industry standards and in
accordance with the warranty requirements from Siemens/Alstom-Sweden thereby
protecting the asset value of the City's investment. Every day we reviewed the output
expectations and made adjustments as necessary to provide the highest efficiency of
operation and maintained a never ending improvement cycle. I provided the technical
expertise during the preparation of the sales documents for MGS and followed through
with assistance to the City in answering all the questions about the plant during the
prospective Buyer Question and Answer exchanges. The fact that the plant was sold at
a very good price when comparing it to market for the same Megawatt output verifies
that the prospective purchasers understood the plant was running in an optimized
manner and that was what they were buying -Quality. In 20071 created the appendices
of the PPTA in regard to long term output and degradation. These parameters are a
measure of the improvements and optimization results and when the plant was
recently tested in May 2014 against these 2007 projections we demonstrated that
operations were still within the bandwidth of predictable error.
b. Proper operations of electrical generation facilities are being maintained. This
is accomplished with annual performance testing of the facility before and after
scheduled major parts outages. It is also discussed in 3 (a) above.
c. Which potential purchases would be the best purchases for the city. All
equipment purchase recommendations, that I have been assisting the City with
since July 2005 are always the most cost effective for the City and create the
maximum revenue stream financial return among other vendors and selections. I
have 30 years of Project Management experience also, prior to 2005 in the energy
industry, and have been involved with every type of purchase required for energy
production facilities for top energy firms including Exxon, Florida Power,
Siemens -Westinghouse -Energy, Foster -Wheeler Energy and Fluor Engineering &
Constructors. I offer and would plan to continue serving the City in providing the
best recommended technology, the highest reliability and the best cost
Page 14
RFP Energy Projects Consultant by Port Canaveral Power Consultants, Inc.
effectiveness over the life of the equipment.
d. Verification that the turbine and stack at BACT (Best Available Control
Technology) for specific pollutants meet prevailing standards and the specific
limits. During the commissioning of MGS with the City Operations and Maintenance
team and the Siemens-Alstom team we had to meet the limits that the City was obliged
to meet in its Air Permit issued by the Southern California Air Quality Management
District (SCAQMD). Violation of this Air Permit would result in fines and the
potential shut down of the plant. Combustion turbines fired on natural gas or a liquid
fuel control emissions (atmospheric pollutants) in two distinct locations. You have the
emissions design quantities entering the stack from the Heat Recovery Steam
generator (HRSG) after the excess nitrogen oxides (NOx) and carbon monoxide (CO)
are catalytically converted in two distinct zones to the acceptable permitted levels of
CO and NOx in the air permit when they exit the stack. However and most
importantly you have the emissions exiting the exhaust flange of each combustion
turbine before they enter the catalytic zones in the HRSG. These emissions must meet
the equipment supplier guarantees because if the amounts are in excess of the design
amount the BACT will not be able to reduce the concentrations to the values at the
stack exhaust where the permit values are monitored. The reduction of the exhaust
flange limits must be done by tuning/adjusting the combustion dynamics which is
easiest to understand as a temperature profile control along the longitudinal axis of the
combustor section. Cooling the various sections by adjusting pilot and fuel nozzle gas
splits and combustor air flow also affects the output of the turbine and its heat rate.
The verification process that is undertaken measures the output, the heat rate and
emissions just downstream of the exhaust flange so that all are within the turbine
supplier design guarantee and no particular parameter which has a financial
implication to cost effectiveness is outside of the agreed to amount when the contract
terms were agreed to. This tuning and verification process is one that I have been
trained in by Westinghouse -Siemens starting back in 1995 and it is an important
contribution that I believe I offer to the City in this RFP as a projects energy
consultant. The learning process was a hands on process over many years in operating
plants and is not something that is just learned in a few months of dedicated
classroom/field training
4.01pera tional Improvements.
a. Provide technical recommendations on how to improve electrical generation
and distribution efficiencies new or existing combustion turbine power plants
or other electrical generation facilities. Please refer to 3 (a) and 3(d) above.
b. Ensuring adherence to the technical requirements of the City's operating
Siemens and/or Alstom combustion turbines. Please refer to 3 (a) and 3(d) above.
c. Ensuring operations comply with the existing contractual obligations. I have
assisted the City since the sale of MGS in 2008 by studying and analyzing every
monthly invoice since the first invoice for April 10 to 30, 2008 and compared it
against the availability, plant output, fuel burden, calculated threshold capacity factor,
scheduled and unscheduled outage and meeting dispatch notices against the PPTA
contractual obligations. After analysis I report my findings to the Director of Gas &
Electric and recommend payment and penalties due, if appropriate, to the owner of
Page 15
RFP Energy Projects Consultant by Port Canaveral Power Consultants, Inc.
MGS. In many instances my analysis has led to lower invoice payments for the City,
several amendments to the PPTA and detailed operating procedure instructions.
d. Monitor performance testing of simple and combined cycle electrical generation
plants for the purposes of measuring efficiencies and emission amounts for
specific pollutants and that the City is meeting prevailing standards and the
specified limits set forth in the Air Permits for that facility. In 2005 when I was the
City Technical Services Manager for MGS I developed with Siemens-Alstom,
RWBeck and McHale performance testing services the test procedure for use in
calculating the performance of both the individual simple cycle portion of the plant
and the overall combined cycle plant. The test procedure evolved through several
actual testing iterations to the procedure we transferred to the buyer of MGS in 2008.
The test procedure is only as good as the correction curves used to verify how the
plant is responding under any atmospheric conditions and fuels composition to the
original new and clean design guarantee. Every year since 2005 I have either worked
internally with the City and now, as a team member and the City representative, with
the buyer of MGS to measure and compare the existing efficiencies and pollutant
amounts from the plant to ensure that the air permit requirements and contractual
obligations are being met. This was memorialized in the availability notices each day
when we bracketed outputs and times at those outputs to stay within the fuel burn
allowed in the air permit.
5. Review Plans. Analyze and/or draft site plans for new or improved natural gas
fueled electrical generating facilities. I assisted the City by providing the technical
representation and coordination of outside technical consultants for the planning and
development goals of several potential City projects including, several versions of the
934 MW combined cycle Vernon Power Plant using either GE or Siemens turbines, a
600 MW combined cycle version `Super Peaker' for fast start full energy load in 10
minutes, a 300 MW version of a combined cycle plant and several simple cycle
versions which were considered for repowering. I worked directly with electrical
energy equipment providers at GE, Siemens -Westinghouse, Siemens, and Alstom-
Sweden on these projects and created operating models with efficiencies and outputs
which were competitive with other proposed projects throughout the industry. Every
project was taken up to the point of having a bound set of plans in accordance with the
California Energy Commission (CEC) requirements. These volumes included all the
studies necessary for review by the CEC, layouts, maps, architectural renderings,
emission profiles from construction to early commissioning, startup, and steady state
operation. I coordinated the public review process with other consultant engineers and
the environmental consultant. Additionally I coordinated the effort necessary to
quantify and qualify the emission offsets required to build these various versions in Los
Angeles County. In all cases, when representing the City, I worked with the
Environmental Consultant for all necessary environmental, planning studies and
environmental permit applications and detailed emissions calculations spreadsheets. I
provided the interface between the environmental consultant and the combustion
turbine manufacturers design engineering and combustion engineering groups to refine
operating models which would meet SCAQMD and CEC guidelines for pollutant
emissions.
G. prepare Documents -Assist the city in various administrative functions, such as.
a. Drafting reports summarizing findings and making recommendations to
policy makers. I have drafted and created reports since 2005 and presented them to
City policy makers and list as examples; validation that the guarantees of Siemens
Page 16
RFP Energy Projects Consultant by Port Canaveral Power Consultants, Inc.
were met in the performance of MGS in 2006, reported on the issues faced with the
California Department of Toxic Substances Control (or DTSC) on the Pechiney lands
in regard to soils contamination to legal counsel, annual performance test results of
MGS, presentations to City Council on the Tehachapi land development, reported on
the results of meetings of the Board of Supervisors at Kern County, created many
other reports to Directors of Light and Power, attorney consultants and former City
Attorneys to name a few. I would continue to take this support role.
b. Assist in preparing "Requests for Proposals (RFP)": for the hiring of
necessary subject matter experts. I have assisted the purchasing departments of both
the City and Light & Power, with RFP's for engineering design consultants, financial
modelling consultants, environmental engineering consultants, suppliers of wind
measuring equipment, wind analysis consultants, maintenance consultants,
combustion turbine parts consultants, to name a few. I would continue to supply this
service at the discretion of the Director of Gas & Electric.
c. Preparing or reviewing technical specifications for equipment, materials or
labor the city's electric utility would need to purchase. I have assisted the Light &
Power Department since 2005, with the technical specifications for engineering
design consultants, financial modelling consultants, environmental engineering
consultants, suppliers of wind measuring equipment, wind analysis consultants,
maintenance consultants, combustion turbine parts consultants, to name a few. I
would continue to supply this service at the discretion of the Director of Gas &
Electric.
d. Develop equipment specifications and project proposals.
I have assisted the Light & Power Department since 2005, with the development of
equipment specifications for wind measuring equipment, combustion turbine parts,
combustion turbines, and entire power plants to name a few. I have developed project
proposals for establishing a plan to build out the City's east and west wind lands,
increase the capacity of the City's natural gas fired energy production assets, manage
the City's environmental compliance program consultant with their chemical
engineers and the City Program Manager, manage the environmental permitting
studies for the wind lands and various power plant proposals and I would continue to
do so at the discretion of the Director of Gas & Electric.
7. Project Development. Assist the City with development and coordination of
project schedules for all energy projects/efforts being developed by the City,
identifying major equipment deliverables, utility interconnection deliverables,
key permit requirements, and preparation of regular project status reports. I
believe the best way to answer this item is to provide the text from a recent
communication with City Executives on August 271h, 2014. "City Executives,
.............. at this time we do not have anything specific for a project that we are
talking to Kern County Planning about except for the Rudnick property which is
landlocked inside of North Sky River and that would be for the City to just be an off -
taker of energy. Additionally we have discussed a very small build with Ogin in the
area of about 36 MW's on City fee lands in the West but have not moved forward since
their price to deliver energy to the City through SP15 is about $20 per MW over
market. The Director of G&E has purchased the City RPS at better prices than these
two potential projects could offer. Kern County Planning is aware of both of these
potential projects and the Rudnick property already has an FEIR in place and is ready
for construction if transmission was in place.
Page 17
RFP Energy Projects Consultant by Port Canaveral Power Consultants, Inc.
I have a pre-EIR study that we did in 2012 which was addressed to the Director of G&E
with the environmental consultant which was ready to submit to the Kern County
Planning Department system in November 2012 for review and due diligence
examination prior to a formal submittal but we held the filing. The project could have
resulted in 180 to 250 MW's of wind energy on the west land contingent on final
micro -siting analysis and any anticipated `give -ups' during public review. The position
to stop the submittal to Kern County Planning was based on a decision taken after the
City Executives took into consideration that there was pending litigation against North
Sky River and that the City could fall under the NextEra umbrella with this ongoing
litigation and with the advice of their legal consultants they decided to hold which is
where we are today. We are still holding that package -September 91", 2014.
Additionally in a meeting with Kem County Planning on this package dated October
12, 2012 they suggested that with the pending and unknown outcome of claims against
North Sky River by NGO's and the public opposition it may be in the City's best
interest to go into a hold period.
Upon discussion with the Director of G&E in the winter of 2014 we realized that there
was always the potential opportunity to refresh this proposal process again. I therefore
met with our environmental consultants and sat down and put together a `what if
scenario should the City Executives decide to refresh this proposal. In order to refresh it
there are certain steps that would need to be addressed since some of the studies are
seasonal, some expire over time, some may need to be performed as a consequence of
either ongoing litigation or the Court's ruling on current litigation. We therefore spent
about five weeks researching the subject and created what is referred to as the COV
Schedule MS Project 02-10-14 Update. The schedule sets as a timeline predecessor the
date of 2-14-14 since we had no other date however everything down stream of this
date hinges on that date as its controlling predecessor. If City Executives decide to
trigger the process we can go back and reset the date of Activity TASK ID 2 in the
MASTER file and the rest of the schedule will reset.
We always believed this would be a `when' not an 'if.
Additionally we have continued to collect wind data using V-Bar without interruption.
V-Bar just received a new contract, after completing the RFP process, and may
continue for three more years.
In order to save cost for the City and after review with the Director of G&E we put
hold on activities with the environmental consultant on the Kern County lands after
completing the schedule previously discussed. In parallel to this activity we selected
two planners with the COV Program Manager for the environmental consultant so that
they would have the task to take over the application process and studies necessary if
the City triggers a restart. The Planners are Patti Murphy who has an excellent history
with City environmental projects and Lisa Valdez who was the hand off lead from the
previous Santa Barbara office team which has since been shut down. We anticipated the
.shut down and planned. Lisa and Patti are familiar with Kern County Planning.
As you all know the environmental consultant successfully bid for the RFP for
Page 18
RFP Energy Projects Consultant by Port Canaveral Power Consultants, Inc.
environmental compliance and project services and won the contract last month for up
to three more years. There was some discussion about splitting their contract between
compliance and project. The Director of G&E decided, quite correctly, to keep the
contract for these two activities combined so that we could maintain continuity from
2005 which is how long I have been working with the environmental consultant on
similar City projects. The team is ready to start activities with the City should the
decision be made to kick it off again. The RFP which they bid on was tailored exactly
to meet this potential situation. There should be no steps in the wrong direction or
learning curves the way it is set up.
Of course any project needs transmission and the Director of G&E, the legal
consultants and myself have been in discussion with NextEra to mutually understand
what it will take to use the available capacity of their transmission and what
engineering would be required to add capacity and get it off the City fee lands into
SPI5. A meeting is set up to continue the dialogue mid -September, 2014.
8. Project Coordination. Take lead in coordinating work among City
departments with environmental consulting firms regarding the management of
environmental compliance permits and documentation, and preparation of
environmental studies for the development of renewable and non-renewable
energy resources. Coordinate work performed by other environmental and/or
engineering firms to ensure consistent approach with the City's energy
objectives, and compliance with regulatory permits for energy projects
approved by the City.
RENEWABLE ENERGY PROJECTS
The City of Vernon entered into a sale agreement dated October 8, 2008, with ReNu
Resources, LLC ("ReNu"), a memorandum which was recorded by the County
Recorder of Kern County on October 17, 2008 as document number 0208165198,
pursuant to which Vernon purchased approximately 29,722 acres of land in Kern
County, California in an area known as the Tehachapi Wind Resources Area. Upon the
purchase of the property by the City I was tasked with the coordination of all the
specialized consultants which were needed to develop the land for wind and solar
energy generation and a legal consultant to provide oversight of the legal portions of
the process and maintain a rigorous adherence to current and pending law. I also
represented the City to Kern County Planning and neighbors in the surrounding land
parcels contiguous with the City property. The environmental consultant supported the
studies and documentation necessary for a preliminary Environmental Impact Report
(EIR). V-Bar provided ongoing wind analysis which they had begun over 15 years
previous to the city land purchase. Burns and Roe Engineering Consultants, from
New Jersey, supported the technical studies that were required to develop the
infrastructure. Additionally we prepared many documents and solicited competitive
bidding for purchasing of the equipment and contractors needed to support the wind
analysis of V-Bar within the specifications of various governmental agencies and non-
governmental agencies. I assisted the City with all purchases. I also worked directly
with the support services needed for aerial studies of the biological inhabitants of the
land including the condor, golden eagle and many bird species in addition to land
Page 19
RFP Energy Projects Consultant by Port Canaveral Power Consultants, Inc.
animals such as burrowing owls, Mohave ground squirrels and endangered tortoises
to name a few.
I also contracted, on behalf of the City, several specialized financial consultants to
perform "Pro Forma" analysis so that the expected energy outputs that were being
calculated by V-Bar wind studies based on the City land wind data, the cost to build
and a time line to commercial operation which was being created with Burns and Roe
intersected. with the forecast cost to purchase wind energy and the result were models
forecasting the potential profitability of the projects over life expectancy of 25 to 30
years.
In 2009 1 assisted the City to coordinate all the engineering data and models
accumulated to date for the central section of the total of 29,722 acres, an area of
12,240 acres, for a proposed sale using the auction market process. The preliminary
environmental consultant studies were bound in a volume set and became the pre -
Environmental Impact Report (EIR) review package for data adequacy review by the
Kern County Planning Department. We continued with discussions through the
auction process with Kern County and eventually transferred this data with the backup
wind data to the data room used by bidders. The successful bidder accepted transfer of
all of this data and they continued the process with the Kern County Planning
Department so that they were able to reach the Final EIR and construction releases to
meet their target commercial operation date. The project became the North Sky River
wind farm.
In 2010 I assisted the City, the auction company and the legal consultant with a second
auction process to sell the remaining 17,482 acres of land in Kern County. I assisted
with the bidder presentations and Question/Answer forums organizing the wind,
transmission and environmental consultants. The process lasted several months and
in December of 2010 the City decided to close the auction process.
In January 2011 the City decided to proceed with a development of the remaining
17,482 acres and I was tasked with assisting the City in the new process. New
meteorological equipment was procured, new contracts were put in place with
meteorological and environmental consultants and construction activities involving the
erection and maintenance of the new equipment was overseen on behalf of the City by
myself. I assisted in arranging for site visits of City staff and contractors and attended
meetings with Kern County Planning staff. On several occasions the City requested
that I support staff with presentations to the City Council. During the period of time
from 2011 to 2102 1 assisted the City in the preparation of two different pre-EIR
document packages for transmittal to the Kern County Planning Department, however
in each case the City decided to postpone the submittals due to issues that North Sky
River was encountering.
I currently assist the City to coordinate site visits to the 17,482 acres, arrange for the
maintenance of the land when special issues arise requiring immediate attention and
continue to coordinate the meteorological monitoring consultant and review invoices
Page 110
RFP Energy Projects Consultant by Port Canaveral Power Consultants, Inc.
on behalf of the City.
NON-RENEWABLE ENERGY PROJECTS
In 2005 1 commenced representation, on behalf of the City, to the environmental
consultant a world leader in environmental compliance consulting, new projects
environmental permit application preparation and rigorous emissions calculations of
electrical generating equipment and the construction process itself. The environmental
consultant's environmental engineering and planning expertise provided the
documentation and calculations for the voluminous data packages which became the
City applications with the California Energy Commission (CEC), the Southern
California Air Quality Management District (SCAQMD) and various county
applications for energy project proposals including Los Angeles County and Kern
County.
I continued assisting the City by providing the technical representation and
coordination of outside technical consultants for the planning and developmental
intentions of several potential City projects including, several versions of the 934
MW combined cycle Vernon Power Plant using either GE or Siemens turbines, a 600
MW combined cycle version `Super Peaker' for fast start full energy load in 10
minutes, a 300 MW version of a combined cycle plant and several simple cycle
versions which were considered for repowering. It was determined at various hold
points, and solely at the City's discretion, not to proceed with these developing
projects for various reasons. i worked directly with electrical energy equipment
providers at GE, Siemens -Westinghouse, Siemens, and Alstom-Sweden on these
projects and created operating models with efficiencies and outputs which were
competitive with other proposed projects throughout the industry. In all cases, when
representing the City, I worked with the environmental consultant for all necessary
environmental, planning studies and environmental permit applications and detailed
emissions calculations spreadsheets. I provided the interface between the
environmental consultant and the combustion turbine manufacturers design
engineering and combustion engineering groups to refine operating models which
would meet SCAQMD and CEC guidelines for pollutant emissions.
9. Coordination of Meteorologacal Data for Wind Energy Calculations. Take
lead in coordinating the services of the Meteorological Data Collection
Consultant for the purposes of wind farm turbine layouts, quantities, model,
design efficiencies and all associated measuring equipment maintenance.
Commencing with the City's purchase of the Tehachapi Wind Resources Area
consisting of 29,722 acres on October 8, 2008 I was assigned to take the lead on the
City's behalf to coordinate the meteorological data collection with a wind consultant
and Burns & Roe a renewables plant detailed engineering consultant on the City lands.
We selected V-Bar a recognized expert in the field and a company with over 30 years
of experience performing this work. Although for City management reasons we
instructed Burns & Roe to add them as a sub -contractor under their master contract I
managed both for and on behalf of the City. Due to the size of the land area and its
varying topography we split the land into three data collection areas; west, central and
east. The central area was purchased with existing meteorological towers (met towers)
Page 111
RFP Energy Projects Consultant by Port Canaveral Power Consultants, Inc.
that were in a state of disrepair and of an outdated design but they were collecting data.
The East and West areas had about three met towers but they were also of an outdated
design. In order to economize on cost and understanding that access to these areas
during the winter is not possible due to snow, ice and storms we focused on the
extrapolation process of taking data from adjacent area studies and the minimal data
from the existing central towers to forecast expected wind and develop energy models.
We purchased and installed two each Triton SODAR `Sound Detection and Ranging
Technology' (SODAR) units from the firm Second Wind. The findings from SODAR
use show reliable reporting of valid wind data at heights that encompass the full blade
sweep of commercial wind turbines. The gross data recovery is above 95%, and
correlation to anemometry at 200 feet (the permitted height of the met tower) was 0.97.
We were able to translate the extrapolated data from existing met towers and using that
combined with the SODAR readings V-Bar created a report which predicted what type
of wind energy outputs and availabilities were possible with an acceptable risk factor at
the central hub height of a typical commercial wind turbine. The City decided to use
this data and introduced it into an auction process to put the central area up for sale. In
February 2010 the central land of 12,240 acres was sold for $40 million which was 2
million less than the entire 29,722 acres were purchased for in 2009. The coordination
with the meteorological data collection consultant that I provided proved to be a cost
effective method. for the City to realize an excellent return on their initial investment.
After the sale of the 12,240 acres in February, 2010 the City executives stepped back
for approximately six months before deciding to auction the remaining 17,482 acres. It
was during this auction process that the City realized that the wind data which was
available for the central sale was inadequate for the east and west lands. The City
executives terminated the process in December 2010. In February 2011 under the
leadership of the Director of Light & Power I was assigned to lead the effort to collect
sufficient wind data for the east and west lands to substantiate the great value of the
wind energy on those lands. A plan was formulated and presented to City Council by
myself on behalf of the Director of Light & Power to purchase new met towers and
continue to use, through a process of relocation of, the SODAR units to quantify energy
at wind turbine hub height levels. Working with and coordinating the effort with Kern
County construction permits, met tower design as specified by V-Bar and approved by
the City we purchased 8 more towers for the remaining lands. We additionally
established a contract so that maintenance of the met towers is ongoing therefore the
City can realize the benefit of their investment and not have damaged towers recording
poor data and therefore being subject to rejection by a possible developer in the future
which would lead to a discount in the land value. I continue as the lead coordinator
through September, 2014.
Fees and Costs
The following are the fee and fees and costs.
Hourly rates:
$210/hour-with an increase of V 0/ each calendar year
50% of hourly rate when travelling
Travel expenses:
Page 112
RFP Energy Projects Consultant by Port Canaveral Power Consultants, Inc.
Airfare: Up to $1,000 per round trip for each visit
Car Rental: Up to $100 per day while working at Vernon
Hotel: Up to $250 per night when working at Vernon consecutive days
Misc: Airport parking and mileage to Orlando airport $30 per day
Meals: Included
Annual budget: Up to $230,000 per year hourly and $30,000 Travel.
PROPOSER QUALIFICATIONS
Work Related Projects,
City of Vemon
Technical Energy Consultant -City of Vernon Gas & Electric -previously (Light & Power)
4/2008 — Present
• Technical Energy Consultant -Renewable Project `Wind Energy' acting as the
coordinating interface between the City of Vernon with an environmental planning
and permit company, EPC contractors, the Planning Department of Kern County,
other technology wind turbine suppliers and the City of Vernon legal consultants. I
provide technical opinions on equipment specifications, equipment procurement,
construction contracts, cost & schedule, and environmental permitting questions. I
perform schedule reviews of other consultants and review budget and invoice reviews
prior to City of Vernon staff approvals.
• Development studies for proposed gas fired power plants including efficiencies, cost and
recommended technology.
• PPTA project management for a 134 MW Power Plant "Malburg Generating Station"
sold in April 2008 to Colorado Energy Management whereby the City of Vernon buys
Energy and Capacity and supplies gas. I review and provide opinions on the invoices
and assist the City of Vernon to resolve billing discrepancies. Additionally I oversee
the performance testing on behalf of the City and resolve issues pertaining to
Operations & Maintenance when they have direct consequences to the City.
Technical Services Manager-Malburg Generating Station -City direct contract-
7/2005 to 4/2008
• Technical Services Manager for MGS commencing with the construction and
technical issues as the plant neared the commissioning phase, start up planning,
performance testing and resolution of all issues with the plant equipment supplier
Alstom-Sweden. Technical Project manager for combustion turbine projects.
• Operations and Maintenance Consultant on MGS during entire operation until it was
sold in April, 2008.
Florida Power
• Plant Major Maintenance Manager -Combustion Turbine Operations -Siemens
supplied Combined Cycle (4-each 2x1 600 MW Units) 2,400 MW Hines Energy
and a 200 MW-GE-Tiger Bay Complex, Bartow Florida, 2004 to 2005 (2,600
Page 1 13
RFP Energy Projects Consultant by Port Canaveral Power Consultants, Inc.
MW's total)
• Manager of Balance of Plant Maintenance and Turbine Outages.
• Operations/maintenance support on all technical issues between plant and Siemens.
Lead Engineer- Combustion Turbine Operations, Florida 2002 to 2004
• Outage Management of in house and contract engineering personnel for the
maintenance and reliability of the Florida Gas Turbine —Power Generation Fleet
consisting of simple and combined cycle plants located across central Florida
(approximately 110 GE, Siemens and Westinghouse Combustion Turbine's).
• Contributed to the methodologies used to develop the fleet gas turbine maintenance
program for GE, Siemens and Westinghouse combustion turbines using non -OEM
in-house staffing resources.
Siemens Westinghouse Power Corporation
Site Manager and Project Manager 1997 to 2002
Combined cycle and Simple Cycle power plants. Responsible for
installation mechanical completion, product modifications, commissioning
support and turnover of plants to the owner. Responsible for management
of field service repair groups, engineering and shops for all work on the
thermal islands.
Consortium Site Manager- Cartagena, Colombia 1999 to 2000
Site Manager for Westinghouse Electric Corporation for two each 501FD
combustion turbines in simple cycle configuration 370 MW's.
Responsible for supporting multiple operating sites throughout Colombia on an `as
required' basis.
Project Manager Latin America Cali, Colombia 1996 to 1999
Erection, Commissioning, Startup, Performance Testing and Warranty
Operation of a 210MW Combined Cycle dual fuel Unit
• Senior Plant Thermal Systems Design Engineer 1995 to 1996
• Plant thermal systems design for new Combined Cycle Combustion Turbine
projects. Chemistry and fuels trouble shooting for new applications and design
specification preparation.
Construction Methods Coordinator -Saudi Arabia 1994
In country construction project coordinator for Westinghouse and a Saudi
construction company, during the planning and bidding of the 2,400 MW Ghazlan
ti, Saudi Arabia Combined Cycle Power Plant on the Persian Gulf adjacent to
Ghazlan I.
Arabian American Oil Company
• Senior Process Engineer-1992 to 1993
• Offshore operations process engineer to ARAMCO in the Persian Gulf for
Page 114
RFP Energy Projects Consultant by Port Canaveral Power Consultants, Inc.
the conversion, by the contractor Fluor, of the four each Zuluf
900,000 Barrel per day offshore production and shipping platforms with
gas disengagement from heavy to medium crude after the Gulf War.
Foster Wheeler Energy
• Refinery Operations Maintenance Manager-Projects-1990 to 1992
• HESS Oil 600,000 Barrel per day Refinery St.Croix.
• Refinery process and utility projects.
Deputy Director of Engineering —1989 to 1990
• Deputy Director of Refinery Engineering at the Coastal Aruba Refinery
refurbishment and modernization project of all refinery process and
power generation facilities in the Exxon Lago Fuels Refinery in Aruba.
• This included two each 26 MW TM2500's which is GE's proven
LM2500 gas turbine mounted on wheels, a power plant contained on a
mobile, four -trailer assembly. After minimal foundation preparation, it
reached full power within three days from arrival on site by barge from
Miami and had less than a ten-minute auto -start cycle to full power. The
GE TM2500 mobile power plants were liquid fueled combustion turbines
and provided electrical energy for operations until the permanent steam
turbines could be operated after the refinery was restarted and steam was
available. It was decided after several months that it was more cost
efficient to run the TM2500's than to refurbish the steam turbine
generation plant. The refinery exported excess energy to the island as
part of the startup agreement.
Project Director -Process Engineering —1989 to 1990
Directed the Soviet Refinery Engineering Oil and Gas institute located
in Grozny, Chechnya and in Moscow, USSR under a unique USA -USSR
JV. Introduced Foster Wheeler Process Engineering licensed
technologies for process upgrades in the Soviet refineries including Latvia.
Engineering Manager 1983 to 1988
Site engineering manager Turkey a 1,360 MW Lignite coal plant consisting
of 4 units.
Foster Wheeler was the general contractor for this $3 Billion dollar turnkey
construction project in this German led consortium for the design,
construction, commissioning, start-up, and maintenance of four each 340
MW coal fired super critical steam generation units built in South East
Turkey for the Turkish Electric Company.
Fluor Engineers and Constructors
• Senior Project Engineer 1980 to 1983
• Project Management responsibility to EXXON Chemical Americas- for
detailed engineering and construction of a 25,000 Barrel per Day
Paraxylene isomerization Project at the Baytown, Texas Oil Refinery.
Page 115
RFP Energy Projects Consultant by Port Canaveral Power Consultants, Inc.
Senior Project Engineer-1977 to 1980
• Senior Project engineer Fluor -Thyssen Joint Venture -Esfahan, Iran with
Sub Contractor Foster Wheeler Fired Heater Division, Reading, UK -
lump sum $1 Billion Grass Roots 200,000 Barrel per day Oil Refinery.
• Site lead to commission the black start 2.3 MW Stewart and Stevenson -Kato
turbine generator which was used to start steam boilers on oil and create the
steam needed to operate 5 each 60 MW steam turbo -generators.
• Senior Project Engineer at the Engineering headquarters in Irvine, California
after November, 1979.
Field Construction Engineer -3/76 to 4178
• Field construction engineering, Esfahan, Iran refinery and gas gathering project in
Saudi Arabia.
• Field Construction Engineer-1976
• Engineer in training with Fluor starting in the HESS Oil Refinery St. Croix, US
Virgin Islands.
Education and Training.;
Education/Certificates:
State University of New York
Bachelor's Studies- Biochemistry with minor in Environmental Science 1971
Master's Studies- Chemistry, Process Engineering -1974
1. Research into the photosynthetic process through laboratory duplication of the
production and stabilization of the precursor of Chlorophyll A for continuous batch
production. Application was precursor for batch process plant development of algae
bio-mass for biofuels using bio-reactors.
2. Advanced studies in Chemical Thermodynamics and Physical Chemistry.
University of North -Chapel Hill
Ph.D. Studies—BioChemistry/Biochemical Thermodynamics 1974 to 1975
Process engineering methods applied to the development of comprehensive
diagnostic tools in advanced analytical Pathology and Clinical Biochemistry
laboratories. Developed assays and test methodologies that made it possible to
accelerate analytical laboratory test results using micro sampling continuous auto
machine processing versus traditional wet sampling and hand methods and macro
amounts of sample. Integrated results from large sample pools in the UNC
University teaching hospital in Chapel Hill so that the analytical results would be
introduced into the database and correlations used to provide initial predictive
direction and suggested follow up testing.
Texas A&M University- 1993 to 1994
Page 116
RFP Energy Projects Consultant by Port Canaveral Power Consultants, Inc.
Studies towards MS in Computer Science (Data Base Management)- Part time student
completed 21 hours.
American institute of Chemical Engineers:
Elected to full membership on the recommendations of Active Member Chemical
Engineers from EXXON Chemical Americas and Fluor Engineers and Constructors, in
1980.
Training•
I. • Fluor Engineers and Constructors- Five years participation in "Engineer in
Training" Program with the Project Engineering and Process Engineering
Departments from Irvine, California on several global oil refinery projects.
U. EXXON Research and Engineering - Extensive training in the Engineering
Research facility in Florham Park, NJ for their Energy projects which were greater
than $100 million,
A. Project Management,
B. Cost and Scheduling Management of Projects,
C. Contracts Management.
III. Westinghouse Electric Corporation -
A. Conflict Management in the Power Generation Business Unit,
B. Combustion Turbine Familiarization with the F and G series units,
C. Combustion Turbine Combustion Science,
D. Combustion Turbine Tuning Dynamics and analysis,
E. Performance testing of Simple and Combined Cycle Combustion Turbine Plants,
F. Liquid Fuel specification and science with emissions products,
G. Various in house computer applications for energy projects management,
IV. Foster Wheeler Energy Corporation -
A. Boiler tube design,
B. Steam and Condensate systems design,
C. Chemical Cleaning Methodologies of Once Through Benson Boilers,
D. Steam Blow out development procedures during Benson Boiler commissioning,
V. Other -
A. HRSG Users Group- P91/T91 Workshop for analyzing and inspecting alloy tube
failures in HRSG's.
B. E RSG Users Group- Designing HRSG internals for demanding Cyclic Operations in
the new Combined Cycle peaking market place,
C. SCIENTECH- CCGT/HRSG-water chemistry training course in Combined Cycle
Power plants,
D. HAZMAT- 40 hour Hazardous Materials Technician Fire Fighting Training
Program- HESS Oil St. Croix Virgin Islands Oil Refinery,
E. Refinery Fire Department- Fire fighter on second response truck in all refinery
fires,
F. General Electric- Major Maintenance of the 7EA Combustion Turbine,
G. General Electric- Laser Internal alignment method for 7EA combustion turbines
during an 80,000 EOH outage to recover lost turbine and compressor tip clearances
Page 117
RFP Energy Projects Consultant by Port Canaveral Power Consultants, Inc.
for improvement of "non -recoverable degradation",
Pagers and Publications -Energy Industry:
I. Patents: SIEMENS. Heryish et. al..
U.S. Patent No.: 5,911,875
Date of Patent: June 15, 1999
Abstract: A method of generating power in Combustion Turbine combined cycle
operations from high metals, asphaltene and polyaromatic rich heavy residual fuel oil
that is deasphatted under supercritical conditions with a flow of process condensate
and LP steam from the HRSG to produce a deasphatted oil stream (#2 FO), a pitch
stream, and a deasphalting condensate stream (isopentane). The deasphalted oil stream
is burned in the Combustion Turbine to produce energy.
1I. American Institute of Chemical Engineers- 1985 Presentation at the Annual Members
Conference at the Embarcadero Center in San Francisco while the Engineering
Manager at Foster Wheeler Energy,
Plant Methods en ing eerinQ- Methods for boiler erection and chemical commissioning
of supercritical steam generators using various concentrations of HF Acid at elevated
temperatures and varying soak times. Basis of discussion was the pre -commissioning
testing and procedures that were used for chemical cleaning and steam blowout of 4
each 340 MW supercritical steam turbine generators used for energy production.
III. American Chemical Society- Publication -Journal of Photosynthetica 1975,
In vitro synthesis of chlorophyll A precursor for potential use in batch production of
algae in the laboratory through selected growth co -factors and enzyme substrate. Like
fossil fuel, algae fuel releases CO2 when burnt, but unlike fossil fuel, algae fuel and
other biofuels only release CO2 recently removed from the atmosphere via
photosynthesis as the algae or plant grew. The energy crisis and the world food crisis
have ignited interest in algiculture (farming algae) for making biodiesel and other
biofuels using land unsuitable for agriculture.
References:
Please find the following references for persons working in the energy industry and
environmental compliance and permitting industry who are familiar with my experience:
Jerry Stretch, Siemens Energy, Orlando, Florida
Jerry.Stretcha,Siemens.Com; Office (407) 736-2000; Cell (714) 287-8708
Sales and Marketing Engineer -Wind Turbines and Combustion turbines.
John Carrier, J.D., CH2MHILL, Sacramento, California
John.CarriernCH2M.Com; Office (916) 286-0224
Program Manager for all City contracts since 2005
Jerry Salamy, CH2MHILL, Sacramento, California
Jerry.Salamy@LH2M.Com; Office (916) 286-0207
Page 118
RFP Energy Projects Consultant by Port Canaveral Power Consultants, Inc.
Environmental emissions and pollutants engineer for Combustion Turbine power plants,
serving the City on every project since 2005
Page 119
AFMAVIT Of NON -COLLUSION BY CONTRACTOR
STATE OFCALWORMA AS
COVAW OF ANGM
and says tbat he/she is
A97- L
who submits herewith to the City or Vernon a proposal;
That all statements of fact in such proposal are tive;
being first duly sworn deposes
That such proposal was not made in the interest of or on behalf of any undholaaed parson,
Pwbwrabip, company, association, organindoh or corporation;
That such proposal is genuine and not collusive or sham;
That said bidder has not, directly or indirectly by agmenm% commmnication or conference with
anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any
other bidder or anyone else Interested in the proposed cononct; and flusher
That prior to the publio opening and reading of proposal4 said bidder:
a• Did not directly or indirectly, induce or solicit anyone also to submit a fi n or sham proposal;
b. Did not directly or indirectly, collude, conspire, connive oragreo with anyone also that said bidder or
anyone else would submit a (hiss or sham propose[, or that anyone should refrain from bidding or
withdraw his proposal;
a Did not, in any manner, directly or indirectly seek by agreement; communication or coafereooe with
anyone to raise or fix the proposal price of said bidder or of anyone else, or to raise of fix any overhead
profit or cost element of this proposal price, or of that of anyone else;
d. Did not; directly or indirectly, subunit his proposal price or any breakdown theraoi', or the contents
thereof; or divulge information or data relative theeeta, to nay corporation, partnership, oompany,
association, orpnb ad^ bid depository, or to any member or agent thereof or to any individual or
group of individuals, except the City of Vernon, or to any person or pawns who have a partnership or
other financial interest with bidder in his business.
I certify of 'ury thuth infornhati ►
...ram'
By: Title•
Date: �.
EXHIBIT C
EXHIBIT C
SCHEDULE
Project Work
• Continue to support the Gas & Electric department for new Combustion Turbine output
capacity projects to meet future capacity requirements to meet the City's forecast of future
customer loads,
• Support the Gas & Electric departments small Allison turbines for controls upgrades and
Operations and Maintenance issues,
• Evaluate a maintenance service plan for the Allison turbine and compressor components,
• Represent the G&E department in discussions and negotiations with the energy firms GE,
Siemens, Alstom, CH2MHILL and owner engineers,
• Provide technical expertise on the optimal operations of natural gas fired equipment
including simple cycle and combined cycle configurations,
• Provide technical expertise on wind turbine technologies,
• Assist the Gas & Electric department with procurement for all energy generating equipment
utilizing natural gas or oil as a fuel source,
• Assist the Gas & Electric department with procurement for all energy generating equipment
utilizing wind as a driver,
• Perform data analysis of energy production from the MGS plant to verify efficiencies, output
availabilities and maintenance in accordance with contractual agreements between the Gas
& Electric department and the owner of MGS, review the monthly energy and capacity
invoices,
• Perform analysis of energy producing equipment as directed by the Director of the G&E
department to determine if operational improvements are required and report on those
suggested improvements,
• Review plans for expansion of energy producing facilities using natural gas as a fuel,
• Draft and prepare documents as requested by the Director of the G&E department to assist
in preparation of reports to City executive policy makers and legal consultants,
• Prepare cost, scheduling and budget analysis of projects as requested by the Director of
G&E,
• Take the lead in project coordination between the G&E departments and environmental
consultants for compliance and environmental permitting and studies,
• Provide the day to day coordination between V-Bar, the meteorological consultant for wind
energy, and the G&E department,
• Assist the City from the technical perspective during any sale of energy assets both potential
and actual,
• Assist any parties where access to the City wind lands is required and communicate with the
land management and maintenance company as required to protect and preserve the asset,
Recurring Monthly
• Verify invoice statements for the energy and capacity payments and its operation for MGS in
accordance with the PPTA, PSA, Procedures and PPTA Settlement Agreements,
• Review the environmental compliance reporting by CH2MHILL,
• Review natural gas consumption and energy production from the MGS supplier,
18
• Review monthly reports from the meteorological consultant,
• Review the availability and dispatch notifications between the City and MGS,
Recurring Quarterly
• Review the environmental compliance reporting by CH2MHILL
Recurring Annually
• Performance Analysis of MGS in accordance with engineering industrial testing standards
and the Power Purchase Tolling Agreement,
• Support the meteorological consultant with the annual summary of wind energy data,
• Witness on behalf of the G&E department any outages with the MGS plant and monitor the
actual outage scope against forecast,
• Updates to the Director of the G&E departments for an operational improvement
suggestions,
19
EXHIBIT D
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Living Wages:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour
with health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick
leave, vacation, or personal necessity, and an additional ten days a year of uncompensated
time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to
the employer's compliance with the living wage ordinance. Employees may bring an action in
Superior Court against an employer for back pay, treble damages for willful violations, and
attorney's fees, or to compel City officials to terminate the service contract of violating
employers.
20
EXHIBIT E
EXHIBIT E
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the
contractor and each subcontractor shall adhere to equal opportunity employment practices
to assure that applicants and employees are treated equally and are not discriminated
against because of their race, religious creed, color, national origin, ancestry, handicap,
sex, or age. Contractor further certifies that it will not maintain any segregated facilities.
B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for
employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity
Employer or that all qualified applicants will receive consideration for employment without
regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.
C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the
performance of this Agreement, discriminated against applicants or employees because of
their membership in a protected class.
D. Contractor agrees to provide the City with access to, and, if requested to do so by City,
through its awarding authority, provide copies of all of its records pertaining or relating to its
employment practices, except to the extent such records or portions of such records are
confidential or privileged under state or federal law.
E. Nothing contained in this Agreement shall be construed in any manner as to require or
permit any act which is prohibited by law.
21
TRANSNUTTAL COMMUNICATION
• 1
r
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
November 24, 2014
Peter Hervish
Port Canaveral Power Consultants, Inc.
9160 Spring Time Drive
Vero Beach, Florida 32963-3155
Re: Professional Services Agreement for Energy Projects Consultant Services
Dear Mr. Hervish:
The insurance requirements have been met. Please find enclosed one fully executed agreement
as referenced above, approved by City Council on November 4, 2014.
If you have any questions regarding this matter, please call Carlos Fandino at (323) 583-8811
ext. 834.
Very truly yours,
Deborah R. Juarez
Records Management Assistant
c: Carlos Fandino
Purchasing Department
Agreement File No. 14-096
Ey,cfusivefy industnaf
Peter V. Hervish
City of Vernon
City of Vernon Gas & Electric
Technical Services Consultant
7/2005 - Present
• 11 years of experience in the City of Vernon's Gas and Electric Department in
varying degrees of responsibility reporting directly to the Director of Gas and
Electric
o Technical Services Consultant -Energy Generation Projects. Renewable Project
`Wind Energy' acting as the coordinating interface between the City of Vernon
with CH2MHILL an environmental Planning and Permit company, EPC
Contractors, the County Planning Department of Kern County, other
technology wind turbine suppliers and the City of Vernon legal consultants. I
provide opinions on equipment specifications, equipment procurement,
construction contracts, cost & schedule, and environmental permitting questions.
I perform schedule reviews of other consultants and review budget and invoice
reviews prior to City of Vernon staff approvals.
o Development studies for proposed gas fired power plants including efficiencies,
cost and recommended technology.
o PPTA project management for a 134 MW Power Plant "Malburg Generating
Station" sold in April 2008 to Colorado Energy Management whereby the City
of Vernon buys Energy and Capacity and supplies gas. I review and provide
opinions on the invoices and assist the City of Vernon to resolve billing
discrepancies. Additionally, I oversee the performance testing on behalf of the
City and assist to resolve issues pertaining to Operations & Maintenance when
they have direct consequences to the City.
Technical Services Manager-Malburg Generating Station 7/2005 - 4/2008
• Technical Services Manager for MGS commencing with the construction issues as the
plant neared the commissioning phase, start up planning, performance testing and
resolution of all issues with the plant equipment supplier Alstom-Sweden. Technical
Project manager for combustion turbine projects.
• Operations and Maintenance Consultant on MGS during entire operation until it was
sold in April, 2008.
Florida Power
Plant Major Maintenance Manager
Combustion Turbine Operations-Siemens/Westinghouse
Tiger Bay Complex, Bartow Florida 2004 - 2005
• Supplied 2,400 MW Hines Energy and a 200 MW-GE
• Operations/Maintenance Manager in the combined cycle power plan units totaling 2,600
MW's.
Page 1 1
Peter V. Hervish
Lead Turbine Engineer
Combustion Turbine Operations, Florida 2002 - 2004
• Outage Management of in house and contract engineering personnel for the
maintenance and reliability of the Florida Gas Turbine —Power Generation Fleet
consisting of simple and combined cycle plants located across central Florida
(approximately 110 GE, Siemens and Westinghouse Combustion Turbine's).
• Contributed to the methodologies used to develop the fleet gas turbine maintenance
program for GE, Siemens and Westinghouse combustion turbines.
Siemens Westinghouse Power Corporation
Site Manager and Project Manager Electrical Generation 1997 - 2002
• Combined cycle and Simple Cycle power plants. Responsible for installation
mechanical completion, product modifications, commissioning support and turnover of
plants upwards of 200 MW's each to the Plant owners. Responsible for management of
field service repair groups, engineering and shops for all work on the thermal islands.
Consortium Site Manager Electric Generation
Cartagena, Colombia 1999 - 2000
• Site engineering and construction manager for Westinghouse Electric Corporation for
two each 501 FD combustion turbines in simple cycle configuration 370 MW's.
• Responsible for supporting multiple operating sites throughout Colombia on an `as
required' basis.
Project Manager Latin America
Cali, Colombia 1996 to 1999
• Erection, Commissioning, Startup, Performance Testing and Warranty Operation of a
21OMW Combined Cycle dual fuel Unit
Senior Plant Thermal Systems Design Engineer 1995 -1996
• Plant thermal systems design for new Simple Cycle and Combined Cycle Combustion
Turbine projects. Chemistry and fuels trouble shooting for new applications and design
specification preparation.
Construction Engineering Manager
Saudi Arabia
1994
In country construction project coordinator for Westinghouse and a Saudi construction
company, during the planning and bidding of the 2,400 MW Ghazlan, Saudi Arabia
Combined Cycle Power Plant on the Persian Gulf.
Arabian American Oil Company
Senior Process Engineer
1992 -1993
• Offshore operations consultant to ARAMCO in the Persian Gulf for the conversion by
Page 12
Peter V. Hervish
Fluor of the Zuluf 900,000 Barrel per day offshore Oil gathering platform with gas
disengagement from heavy to medium crude.
Foster Wheeler Energy
Refinery Operations Maintenance Manager -Projects 1990 -1992
• HESS Oil 600,000 Barrel per day Refinery St.Croix.
Deputy Director of Engineering
1990
• Engineering Director at the Coastal Aruba Refinery refurbishment and modernization
project of all refinery process and power generation facilities in the previously
abandoned Exxon Lago Fuels Refinery during the restart of the 400,000 Barrel per day
refinery for Foster Wheeler Energy.
Project Director 1989 -1990
• Directed the Soviet R e f i n e r y Engineering Oil and Gas Institute located in Grozny
and Moscow, USSR. I introduced Foster Wheeler Process Engineering licensed
technologies for energy upgrades in both the refinery and power generation plants.
Engineering Manager 1983 -1988
• Foster Wheeler, UK Engineering Manager Turkey a 1,360 MW Lignite coal fired power
plant.
• Foster Wheeler was the general contractor for this $3 Billion dollar turnkey construction
project in this German led consortium for the design, construction, commissioning,
start-up, and maintenance of four each 340 MW coal fired super critical steam
generation units built in South East Turkey for the Turkish Electric Company.
Fluor Engineers and Constructors
Senior Project Engineer 1980 -1983
• Project Management responsibility to EXXON Chemical Americas- for process and
Project engineering and construction of a 25,000 Barrel per Day Paraxylene Project at
the Baytown, Texas Oil Refinery.
Senior Project Engineer 1977 -1980
• Site Project engineer Fluor -Thyssen Joint Venture -Esfahan, Iran with Sub Contractor
Foster Wheeler Fired Heater Division, Reading, UK- lump sum $1 Billion Grass
Roots 200,000 Barrel per day Oil Refinery
Field Construction Engineer 3/1976 - 4/1978
• Field construction engineering, Esfahan, Iran refinery and gas gathering project in Saudi
Arabia.
Field Construction Engineer
1976
Assistant Engineer in training with Fluor in the HESS Oil Refinery St. Croix, US Virgin
Islands.
Page 13
Peter V. Hervish
Education and Training
Education/Certificates:
State University of New York
Bachelor's Studies - Biochemistry with minor in Ecological Science - 1971
Master's Studies - Chemistry, Process Engineering - 1974
• Research into the photosynthetic process through laboratory duplication of the
production and stabilization of the precursor of Chlorophyll A for continuous batch
production. Application was precursor for batch process plant development of algae
bio-mass for biofuels.
• Advanced studies in Chemical Thermodynamics and Physical Chemistry.
University of North - Chapel Hill
Ph.D. Studies - BioChemistry/Biochemical Thermodynamics - 1974 to 1975
Process engineering methods applied to the development of comprehensive
diagnostic tools in advanced analytical Pathology and Clinical Biochemistry
laboratories. Developed assays and test methodologies that made it possible to
accelerate laboratory test results using micro sampling continuous auto machine
processing versus traditional wet sampling and hand methods using macro amounts
of sample. Integrated results from large sample pools in a major teaching hospital
in Chapel Hill so that the analytical results would be introduced into the database
and correlations used to provide initial predictive direction and suggested follow up
testing.
Texas A&M University -1993 to 1994
Studies towards MS in Computer Science (Data Base Management) - Part time student
completed 21 hours
Page 14
Peter V. Hervish
Training:
I. Fluor Engineers and Constructors - Five years participation in "Engineer in
Training" Program with the Project Engineering and Process Engineering Departments
from Irvine, California on several Oil Refinery Projects.
II. EXXON Research and Engineering - Extensive training in the Engineering Research
facility in Florham Park, NJ for their Energy projects which were greater than $100
million,
A. Project Management,
B. Cost and Scheduling Management of Projects,
C. Contracts Management.
III. Westinghouse Electric Corporation -
A. Conflict Management in the Power Generation Business Unit,
B. Combustion Turbine Familiarization with the F and G series units,
C. Combustion Turbine Combustion Science,
D. Combustion Turbine Tuning Dynamics and analysis,
E. Performance testing of Simple and Combined Cycle Combustion Turbine Plants,
F. Liquid Fuel specification and Science with Emissions products,
G. Various in house computer applications for energy projects management
IV. Foster Wheeler Energy Corporation -
A. Boiler tube design,
B. Steam and Condensate systems design,
C. Chemical Cleaning Methodologies of Once Through Benson Boilers,
D. Steam Blow out development procedures during Benson Boiler commissioning,
V. Other -
A. HRSG Users Group - P91/T91 Workshop for analyzing and inspecting alloy tube
failures in HRSG's.
B. HRSG Users Group - Designing HRSG internals for demanding Cyclic Operations in
the new Combined Cycle peaking market place,
C. SCIENTECH- CCGT/HRSG -water chemistry training course in Combined Cycle
Page 15
Peter V. Hervish
Power plants,
D. HAZMAT - 40 hour Hazardous Materials Technician Fire Fighting Training Program-
HESS Oil St. Croix Virgin Islands Oil Refinery,
E. General Electric - Major Maintenance of the 7EA Combustion Turbine,
F. General Electric - Laser Internal alignment method for 7EA combustion turbines
during an 80,000 EOH outage to recover lost turbine and compressor tip clearances for
improvement of "non -recoverable degradation",
Paners and Publications -Energy Industry:
I. Patents: SIEMENS, Hervish et. al..
U.S. Patent No.: 5,911,875 Date of Patent: June 15, 1999
Abstract: A method of generating power in Combustion Turbine combined cycle
operations from high metals, asphaltene and polyaromatic rich heavy residual fuel oil that
is deasphalted under supercritical conditions with a flow of process condensate and
LP steam from the HRSG to produce a deasphalted oil stream (#2 FO), a pitch stream, and
a deasphalting condensate stream (isopentane). The deasphalted oil stream is burned in the
Combustion Turbine to produce energy.
Il. American Institute of Chemical Engineer - 1985 Presentation at the Annual Members
Conference at the Embarcadero Center in San Francisco while the Engineering Manager
at Foster Wheeler Energy,
Plant Methods engineering- Methods for chemical commissioning of supercritical steam
generators using various concentrations of HF Acid at elevated temperatures and varying
soak times. Basis of discussion was the pre -commissioning testing and procedures that
were used for chemical cleaning and steam blowout of 4 each 340 MW supercritical
steam generators used to turn turbines for energy production.
I11. American Chemical Society - Publication -Journal of Photosynthetica 1975,
In vitro synthesis of chlorophyll A precursor for potential use in batch production of algae
in the laboratory through selected growth co -factors and enzyme substrate. Like fossil
fuel, algae fuel releases CO 2 when burnt, but unlike fossil fuel, algae fuel and other
biofuels only release CO 2 recently removed from the atmosphere via photosynthesis as
the algae or plant grew. The energy crisis and the world food crisis have ignited interest in
algaculture (farming algae) for making biodiesel and other biofuels using land unsuitable
for agriculture.
Page 16
INSURANCE DOCUMENTS
PORTC4 OP ID: RJR
,� -- R CERTIFICATE OF LIABILITY INSURANCE I °"1W, "'
THIS CERTIFICATE IS ISSUED AS A HATTER OF MIFORMATION ONLY AND CONFERS NO RK*M UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY ANEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 11MREPM AUTHOI MO
REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE MOLDER
BUPORTANT: N the con0 maw holder Is an ADDITIONAL WOURED, the po ift) must be ardorsad. M SUBROGATION 4 WAIVED, sutiOd to
the ferule and CondNIOM of nn poeey, main prAiciss n1s)I requM an esd0rsanMH1L A - WIN nt on thb CerWWAIn does not confer ri" to the
ewW#cWA holder in Neu of SUO s
PRODUCER JuBe Rector
IBU Maais PHONE Serv. 92rp.M.6760 No : 926-28"761
UO. Ca 1272 Ialassla Corn
INSUIM A : Landmark Amer"n InSU OCe CO
NsuR>•D ort nave O"r swom s : Sentinel krsumnce Company11000
Consultants Inc. INSURER C :
9160 SprMg Tkne Drive
Vero Beach, FL 32963 NNeuRsl °
INKNIER E :
F: — -
- - .u.wsu�u er reero.
— --
COVERAGES t;CK I W16A I C nuRlloc+c — NAMED
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER10D
INDICATED. NOTMATHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
KW
IJAl1T8
LIR TYPE OF INSURANCE
pE19tAL LIABILITY
B X COMMERCIALGEIERALLIADLITY
FX
X
wrm POLICY NUMa6l
978MW9111 I11119=11 11n912016
I
EACH OOCURRENCE
t 1,000, oaq
PREMIM fE&s
1,000, 04
MED EXP am P�^I
i 1 O, 004
PERSONAL & AN *QURY
i 1,000,
i CLAMS -MADE OCCUR
GENERALAOGREGA'E
s 2,000•
i
! '�;
( Ni AGGREGATE UMR APPLIES PER i
Poucv LocI
LIABILITY
PRODUCTS • COMPAOP AM
s 2A=
is
IF LUT1,000
aeon
8
AUTOMOOKE
ANY AUTO
SCHEDULED
AUTOS
X HIRED AUTOS X AUTOSO
f67sBMBF9i11 ' 11/19/2016 11n9=16
i s
i
BODILY MUURY (Per PWW)
i s
GODLY IwURV (PM8000Wt)
f
s
t
UNSRIU ►LIAS I
EXCEBB UM
OCCUR
CAAIMS-MADE
i I OF VERNON M
A I EACH OCCURRENCE
AGGREGATE
-
s
s
s
C�
�TMYIN
ANY EJTNE
h d Ml UrdOPEAATId/8 senor
Prd. UwAft
*ftD:10n6n2
ste
i WI
DAT
p�
MIA!_
1
i
VIC A7TZ)Aft
U- TH-
LIAM FO
'E.L. EACH ACCIDENT $
E.L DISEASE - EA EMP !
I E L DISEASE . POUCY LIMIT I;A
10nWMe ! ions= 6 "EaCh OcC. 1.�.
WA 1,000,
i A
t
DESCRIPTION OF OPERATIONS I I OCATX7N5 / VEHK&= (AM M ACM 101. Ad1e" Reearas S@hsdm e, / s RAM
Named Insured'a Operations. The City of Vernon, its directors,
esmmissioners, officers, GOV10YOSS, agents and volunteers are included as
Addit2.0nal Insureds as respects to General Liability. Coverage is Primary G
mon-Contributory. 30 day cancellation notice, expect 10 days notice for
non-payient Of premium. (=,P)
GtK i Ir r6A 1 a naA-LJw^ -- ----- - - --- -
CITY026
SHOULD ANY OF THE AaOVE DElCltla® POLICIES !E CANCELLED aE3'ORE
THE OWMtATI N DATE THEREOF, NOTICE WILL BIE DBJvWIIED N
ACCORDANCE rnTN THE POLICY PROVISION&
City of Wmon
Attn: Javier Vaklez AUTHOMIMREPREBWtATTNE
8306 Fa Avenue
V*nwn,
CA 90M 1
a 4GAR.2e110 ACORD CORPORATION. All 111311 s reserved.
ACORD 25 (2010106) Ths ACORD rams and logo we ngistsred maMim of ACORD
Policy #57SBMBF9111
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees% "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
'volunteer worker'), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect ID liability arising out Of the
maintenance or use of that property; and
(2) Until your too representative has
been appointed.
d. Legsl Repreeerttative N You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
8. Newty Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured If two is no other similar insurance
available to that organization. However.
BUSINESS UABILITY COVERAGE FORM
b. Coverage under this provision does not
apply to:
(1) "Bodily injury' or 'property damage'
that occurred; or
(2) 'Personal and advertising injury
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
With respect b "mobile equ(pmeW registered in
your name under any motor vehicle registration
law, ary person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an Insured
with reaped to:
a. 'Bod#yy injur to a co -'employee of the
person driving the equipment~ or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5. Operator of Nonownsd Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. 'Bodily injury" to a co -'employee" of the
person operating the watercraft; or
b. "Property damage' to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
S. AddRtkmW Insureds When Required By +0
Written Contract" Written Agreement Or
Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in
only until the 180th day after you aoqui !nghf. below are additional
or form the organization or the end of SURANCveagreed, in a written
policy period, whichever is earlier; and17y OF VERNON
i j 11 of 24
FoyDA E
DIRECTOR CF FINANCF
BUSINESS UABRM COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or poftal
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants In Section
F. — Optional Additional insured Coverages.
a. Vendors
Any Person(s) or arganizabon(s) (referred to
below as vendor), but only with respect to
"fly Irjury" or Voperty doge' arising
out of 'your products' which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides gage for 'bodily qury" or
"property damage' Included ,witithinthe
"products-cornpleled operations ,emup .
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
(a) 'Bodily injury' or 'property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
tiablity in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor,
(d) RePadaVing, except when
unpacked solely for the Purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
Page 12 of 24
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor, or
(h) Bodily injury' or 'property
damage' arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(n The exceptions contained in
Subparagraphs (d) or M; or
(0) Such inspections, adjustments,
tests or servicing as the vendor
has weed to make or normally
undertakes to make in the usual
course of business, in
connection with the distitution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any Ingredient, Pest or container,
entering into. accorripenying or
Containing such Products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for 'bodily
injury", "Property damage' or
"personal and advertising injury'
caused, in whole or in Part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
INSURANCE APPROVED
CITY OF VERNON MA G N le
DATE WILLI
DIRECTOR OF
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
'occurrence' which takes place after
you cease to lease that equipment.
a Lesson Of Land Or P anises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) Any "occurrence' which takes
place after you cease to lease that
land or be a tenant in that
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
d. ArchRects, Engineers Or Surveyor
(1) Any ardmioed, engineer, or surveyor, but
only with respect to liability for 'bodily
injury', 'property damage' or "personal
and advertising injury caused, in whole
or in part, by your ads or omissions or
the ads or omissions of those acting on
your b~..
(a) In connection with your premises;
or
(b) In the performance of your
ongoing operations performed by
you or on your behalf.
(2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:
This insurance does not apply to
"bodily injury". 'properly damage' or
•personal and advertising injury
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.
Form SS 00 08 04 06
BUSINESS LIABLITY COVERAGE FORM
e. Permits Issued By Stags Or Political
Subdivlsiona
(1) Any state or polities subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) *Bodily injury, 'property damage*
or •personal and advertising
injury arising out of operations
performed for the state or
municipality, or
(b) "Bodily inµsy or *properly damage'
included within the 'products -
completed operations hazard'.
f. Any Other Party
(1)
Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for 'bodily injury,
"property damage" or "personal and
advertising injury caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
(a) In the performance of your
ongoing operations;
(b) in connection with your premises
owned by or rented to you; or
(c) In connection with 'your work' and
included within the 'products -
completed operations hazard', but
only if
(1) The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
(N) This Coverage Part provides
coverage for "bodily injury' or
'property damage" included
within the 'products -
completed operations hazard'.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
"Bodily injury', 'property damage' or
`personal and advertising injury'
arising out of the rendering of, or the
INSURANCE a"y' pmfes"
CITY OF VERNON nng or surveying
s,
DATE ILLIA Page 18 of 24
DIRECTOR OF CINANCE
City of Vernon
Risk Management
Workers Compensation Sole Proprietor Exemption
WORKERS' COMPENSATION INSURANCE
I am aware of the provisions of Labor Code Section 3700 which requires every
employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code.
Check One:
I affirm that I will comply with the Labor Code provisions before starting or
performing any work of this Purchase Order, Service Agreement, Professional Services
Agreement, or Contract. I have a certificate of consent to self -insure, or a certificate of
workers' compensation insurance, and I shall give it to the City before I perform the work.
ire
I affirm that at all times, in performing the work of this Purchase Order, Service
ement, Professional Services Agreement, or Contract, I shall not employ any person in
any manner so that I become subject to the workers' compensation laws of California.
However, at any time, if 1 employ any person such that 1 become subject to the workers'
compensation laws of California, immediately I shall give the City a certificate of consent to
self -insure, or a certificate of workers' compensation insurance.
Signed this Z day of k1412 / / 20 l61
At l vv kl4e&lqol(� California
VENRACTOR/CPNSULTANT:
By:
777�
Signature
;NSUR ANC APM ROVED /
CI OF _
1� 6 x
DA E ILLIA!
OIRECTCR CF FINANCE
'Name
Title L
�091 ,wp� GVf-o/a
Company Name