Resolution No. 85351
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RESOLUTION NO. 8535
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
FIRST AMENDMENT TO EQUIPMENT PURCHASE AND
PROFESSIONAL SERVICES CONTRACT BY AND BETWEEN THE
CITY OF VERNON AND GALLIERA INC. DBA TRICO
CONSTRUCTION
WHEREAS, the City of Vernon ("City") is constructing a 134
MW Combined Cycle Power Plant, the Malburg Generating Station (the
"Malburg Project"), for the purpose of installing additional
generating capacity that will yield an efficient, cost-effective, and
reliable source of electric generation to the City's inhabitants; and
WHEREAS, on July 28, 2004, the City Council of the City of
Vernon adopted Resolution No. 8493 approving an Equipment Purchase and
Professional Services Contract (the "Contract") with Galliera Inc., dba'.
Trico Construction ("Trico") for the purchase of equipment to integrate
the Malburg Project into the Vernon Electrical System, and to provide
the necessary installation and testing services (the "Electrical
Interconnect Upgrade") for the Malburg Project; and
WHEREAS, under Section 7.12 of the Contract, Trico was to
obtain a Payment and Performance Bond (the "Bond") equal to one and a
half times the amount of the Contract; and
WHEREAS, the City and Trico desires to amend the Contract to
reduce the Bond requirement to one times the amount of the Contract;
and
WHEREAS, on September 15, 2004, the Finance Committee
considered the recommendation of Bruce V. Malkenhorst, Director of
Finance, dated September 7, 2004, that an amendment to the Contract be
approved and executed.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the First Amendment to the Equipment Purchase and
Professional Services Contract with Galliera Inc., dba Trico
Construction, a copy of which is attached hereto as Exhibit A and
incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the City Administrator to execute said Amendment for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator to execute any and all documents
necessary to implement and carry out the purposes specified in the
Amendment on behalf of the City of Vernon and to perform such other
actions deemed necessary or advisable.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Amendment to:
Galliera Inc. dba Trico Construction
Attn. James Bruschera, General Manager
445 Hampshire Street
San Francisco, CA 94110
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SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 15th day of September, 2004.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
CLEONIS C. MAL RG, Ma or
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8535, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday,
September 15, 2004, and thereafter was duly signed by the Mayor of the
City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
VI&
1 FIRST AMENDMENT TO EQUIPMENT PURCHASE AND
2 PROFESSIONAL SERVICES CONTRACT
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4 THIS FIRST AMENDMENT TO THE EQUIPMENT PURCHASE AND
5 PROFESSIONAL SERVICES CONTRACT (this Amendment") is made, entered into
6 and executed in duplicate originals, either copy of which may be
7 considered and used as the original hereof for all purposes, as of
8 this 15th day of September, 2004, in the City of Vernon, County of Los
9 Angeles, California
10 BY AND BETWEEN THE CITY OF VERNON
(hereinafter referred to as
11 "City")
4305 Santa Fe Avenue
12 Vernon, CA 90058
13 AND GALLIERA, INC., dba TRICO
CONSTRUCTION (hereinafter
14 referred to as "Trico")
445 Hampshire Street
15 San Francisco, CA 94110
16 RECITALS
17 WHEREAS, City and Trico entered into that certain Equipment
18 Purchase and Professional Services Contract dated July 29, 2004 (the
19 "Contract"), pursuant to which the parties agreed that Trico would
20 provide and install electrical equipment, protection systems and
21 various control circuits to expand, upgrade, and replace various
22 transformers., racks, switchracks, switches, conduits, circuit breakers,
23 and associated conductors, insulators, wiring, and hardware necessary
24 to integrate the Malburg Generating Station into the Vernon Electrical
25 System, and to provide installation and testing services in connection
26 with such upgrades (collectively; the "Electrical Interconnect
27 Upgrade"), on terms and conditions described in the Contract; and
28 WHEREAS, City and Trico have agreed that it would be in the
� 1 s
l best interest of City to amend the terms of the Contract relating to
2 the amount of the bond to be provided by Trico as set forth in the
3 Contract.
4 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
5 FORTH HEREIN:
6 SECTION 1: Modification of Bond Amount. Paragraph 7.12 of
7 the Contract is hereby amended to read as follows:
8 "Payment and Performance Bond. Prior to commencement
9 of its Work, Trico shall provide the City with a copy
10 of a payment and performance bond in an amount equal to
11 one times'the Contract Sum that has been issued for the
12 benefit of the City."
13 SECTION 2: Approval by City. This Contract shall be
14 executed by a duly authorized representative of City following
15 approval of the terms of this Amendment by City in accordance with
16 City policies and procedures.
17 SECTION 3: Remainder of Agreement. Except as specifically
18 modified herein, all terms and conditions of the Contract are
19 unmodified and remain in full force and effect, and are hereby
20 ratified by the parties.
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1 IN WITNESS WHEREOF, the parties have caused this Amendment
2 to be executed by and through their authorized officers on the date,
3 month and year first written above.
4 CITY OF VERNON
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By:
6 BRUCE V. MALKENHORST, City
Administrator
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APPROVED AS TO FORM:
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9 ERIC T. FRESCH, City Attorney
10 GALLIERA, INC. dba TRICO
11 CONSTRUCTION
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By:
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Typed Name: James A. Bruschera
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Title: General Manager
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SUPPORTING
DOCUMENTS
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FIRST AMENDMENT TO EQUIPMENT PURCHASE AND
PROFESSIONAL SERVICES CONTRACT
THIS FIRST AMENDMENT TO THE EQUIPMENT PURCHASE AND
PROFESSIONAL SERVICES CONTRACT (this Amendment") is made, entered into
and executed in duplicate originals, either copy of which may be
considered and used as the original hereof for all purposes, as of
this 15th day of September, 2004, in the City of Vernon, County of Los
Angeles, California
BY AND BETWEEN
RECITALS
THE CITY OF VERNON
(hereinafter referred to as
"City")
4305 Santa Fe Avenue
Vernon, CA 90058
GALLIERA, INC., dba TRICO
CONSTRUCTION (hereinafter
referred to as "Trico")
445 Hampshire Street
San Francisco, CA 94110
WHEREAS, City and Trico entered into that certain Equipment
Purchase and Professional Services Contract dated July 29, 2004 (the
"Contract"), pursuant to which the parties agreed that Trico would
provide and install electrical equipment, protection systems and
various control circuits to expand, upgrade, and replace various
transformers, racks, switchracks, switches, conduits, circuit breakers,
and associated conductors, insulators, wiring, and hardware necessary
to integrate the Malburg Generating Station into the Vernon Electrical
System, and to provide installation and testing services in connection
with such upgrades (collectively; the "Electrical Interconnect
Upgrade"), on terms and conditions described in the Contract; and
WHEREAS, City and Trico have agreed that it would be in the
0
1 best interest of City to amend the terms of the Contract relating to
2 the amount of. the bond to be provided by Trico as set forth in the
3 Contract.
4 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
5 FORTH HEREIN:
6 SECTION l: Modification of Bond Amount. Paragraph 7.12 of
7 the Contract is hereby amended to read as follows:
8 "Payment and Performance Bond. Prior to commencement
9 of its Work, Trico shall provide the City with a copy
10 of a payment and performance bond in an amount equal to
11 one times the Contract Sum that has been issued for the
12 benefit of the City."
13 SECTION 2: Approval by City. This Contract shall be
14 executed by a duly authorized representative of City following
15 approval of the terms of this Amendment by City in accordance with
16 City policies and procedures.
17 SECTION 3: Remainder of Agreement. Except as specifically
18 modified herein, all terms and conditions of the Contract are
19 unmodified and remain in full force and effect, and are hereby
20 ratified by the parties.
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♦Ne
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IN WITNESS
WHEREOF,
the parties have caused this Amendment
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to be executed
by and through
their authorized officers on the date,
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month and year
first
written
above.
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CITY OF VERNON
By:
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BRUCE V. MALKENHORST, City
Administrator
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APPROVED AS
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ERIC T. FRE CH,
City
Attorney
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GALLIERA, INC. dba TRICO
CONSTRUCTION
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By:
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Typed Name: James A. Bruschera
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Title: General Manager
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