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Resolution No. 8552S ` 1 2 a C! 5 6 7 8 9 10 low 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8552 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO EQUIPMENT PURCHASE AND PROFESSIONAL SERVICES CONTRACT BY AND BETWEEN THE CITY OF VERNON AND GALLIERA INC. DBA TRICO CONSTRUCTION FOR THE MALBURG GENERATING STATION PROJECT WHEREAS, the City of Vernon ("City") is constructing a 134 IIMW 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., dbai Tri.co 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, on September 15, 2004, the City Council of the City Iof Vernon adopted Resolution No. 8535 approving a First Amendment to Ithe Contract to modify the amount of the Payment and Performance Bond Jund.er the Contract; and WHEREAS, the City and Trico desires to amend the Contract to Iexpand the scope of services and to provide credits for costs Iassociated with materials and the Payment and Performance Bond; and WHEREAS, on October 6, 2004, the Finance Committee considered the recommendation of Bruce V. Malkenhorst, Director of Finance, dated 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 September 30, 2004, that an amendment to the Contract be approved and Ilexecuted. 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 Second 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: 27 28 Galliera Inc. dba Trico Construction Attn. James Bruschera, General Manager 445 Hampshire Street San Francisco, CA 94110 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 6th day of October, 2004. ATTEST: 0'* � 01�/' 1-7 � ��x BRUCE V. MALKENHORST, City Clerk LEONIS C. MA URG, Kayor - 3 - I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 8552, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, October 6, 2004, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 4 - EXHIBIT VI& 1 SECOND AMENDMENT TO EQUIPMENT PURCHASE AND 2 PROFESSIONAL SERVICES CONTRACT 3 4 THIS SECOND AMENDMENT TO THE EQUIPMENT PURCHASE AND 5 PROFESSIONAL SERVICES CONTRACT (this "Amendment") is made, entered 6 into 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 6th day of October, 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, as 19 amended on September 15, 2004 (collectively the "Contract"), pursuant 20 to which the parties agreed that Trico would provide and install 21 electrical equipment, protection systems and various control circuits 22 to expand, upgrade, and replace various transformers, racks, 23 switchracks, switches, conduits, circuit breakers, and associated 24 conductors, insulators, wiring, and hardware necessary to integrate the 25 Malburg Generating Station into the Vernon Electrical System, and to 26 provide installation and testing services in connection with such 27 upgrades (collectively, the "Electrical Interconnect Upgrade"), on 28 terms and conditions described in the Contract; and 1 WHEREAS, City and Trico have agreed that it would be in the 2 best interest of City to amend the terms of the Contract to expand the 3 scope of services to be provided by Trico and to provide for credit 4 allowances for material and bond costs as set forth in the Contract. 5 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 6 FORTH HEREIN: 7 SECTION 1: Additional Services Required. City and Trico g acknowledge and agree that the additional services described in 9 Exhibit A to this Amendment, a copy of which is attached hereto and 10 incorporated herein by this reference (collectively, the "Additional 11 Services"), are required in connection with the Malburg Generating 12 Station Project (the "Project"). 131 The Additional Services constitute work that was not 14 originally contemplated by the parties, and is now determined by the 15 parties to be necessary to the Project. This Amendment is entered 16 into solely for the purpose of evidencing the City's approval of the 17 items listed in Exhibit A. The parties specifically acknowledge and 18 agree that this Amendment is not intended to and does not evidence the 19 City's approval or.Trico's waiver or settlement of any reference to or 20 description of or claim in regard to a time delay or schedule impact 21 that may be set forth in any of the Trico's cost estimates, whether or 22 not listed in Exhibit A, all of which are subject to review and 23 evaluation by the City. Trico hereby waives any claim that the City's 24 execution of this Amendment or payment of the Additional Cost (as 25 described below) constitutes the City's express or implied agreement 26 to any reference in any of the Trico's cost estimates related to time 27 delays or schedule impacts. 28 SECTION 2: Cost of Additional Services. The City and - 2 - 1 Trico agree that the total cost for all labor and materials for the 2 Additional Services is $64,655.00 (the "Additional Cost"). The 3 Additional Cost is payable on the terms of the Contract, following any 4 adjustment as set forth in Section 3 below. 5 SECTION 3: Cost Adjustment. City and Trico acknowledge 6 and agree that the'cost of additional services shall be adjusted for 7 bond reduction costs and MCM cable modifications by Contra Costa 8 Electric in the sum of $56,468.00, as described in Exhibit B to this 9 Amendment, a copy of which is attached hereto and incorporated herein 101 by this reference (collectively, the "Credits"). 11 SECTION 4:: Terms of Additional Services. All Additional 12 Services are to be provided in accordance with the terms of the 13 Contract, are to meet the standards and specifications and quality of 14 work provisions set forth in the Contract, and are to be covered by 15 the same warranties or guarantees, if any, that are set forth in the 16 Contract. 17 SECTION 5: Approval by City. This Amendment shall be 18 executed by a duly authorized representative of City following 19 approval of the terms of this Amendment by City in accordance with 20 City policies and procedures. 21 SECTION 3: Remainder of Agreement. Except as specifically 22 modified herein, all terms and conditions of the Contract are 23 unmodified and remain in full force and effect, and are hereby 24 ratified by the parties. 25 26 27 28 - 3 - t 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 5 By: 6 BRUCE V. MALKENHORST, City Administrator 7 APPROVED AS TO FORM: 8 9 ERIC T. FRESCH, City Attorney 10 GALLIERA, INC. dba TRICO 11 CONSTRUCTION 12 By: 13 Typed Name: James A. Bruschera 14 15 Title: General Manager 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - EXHIBIT AV RECAPITULATION OF COSTS FORM FOR CONTRACT MODIFICATION Use this form to add total costs of extra work of Contractor, first tier subcontractors and lower tier subcontractors. One form shall be used for each change order. One forth shall be used each day for forceaccount work. 1. GENERAL CONTRACTOR COST OF EXTRA WORK Trico Construction 0.00 2. FIRST TIER SUBCONTRACTORS 2A. Contra Costa Electric 213. Rhino Construction 2C. 2D. 2E. 2F. COST OF EXTRA WORK 3. TOTAL COSTS OF FIRST TIER SUBCONTRACTORS' EXTRA WORT( (Add Lines 2a through 2f) ; 4. 12 percent of Line 3 5. LOWER TIER SUBCONTRACTORS COST OF EXTRA WORK 5a. 5b. 5c. 5d. 5e. 5f. 6. TOTAL COSTS OF LOWER TIER SUBCONTRACTORS' EXTRA WORK (Add Lines 5a through 5f) 7. 12 percent of Line 6 8. CONTRACT CHANGE ORDER AMOUNT (Add Lines 1, 3, 4, 6 and 7) 9 Bond Premium .012 10 Total Contract Change Amount Including Bond (rounded to the nearest dollar) CONTRACTOR OR AUTHORIZED REPRESENTATIVE: END OF SECTION 0.00 51400.00 51400.00 0.00 $57,568.00 690.82 $58,259 COST BREAKDOWN FORM FOR CONTRACT MODIFICATION SHEET 1 OF 2 Electric System Upgrades (Switchyard) THIS FORM SHALL BE USED FOR ALL CHANGES TO CONTRACT COST One separate form shall be used by Contractor, each first tier subcontractor and each lower tier . subcontractor. One form for each shall be used for each change order. One form for each, for each day shall be used for force -account work CHANGE ORDER NUMBER: _ #3 Date: September 16, 2004 CHANGE ORDER DESCRIPTION: COV requests that Trico administer Rhino's attached contract proposal dated August 4, 2004. CONTRACTOR: Trico Construction LABOR NAME CLASSIFICATION HOURS RATE TOTAL 0.00 Carpenter Superintendent 0 0 0.00 Laborer 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL LABOR COSTS (Enter here and on Line 1 of Sheet 2) 0.00 0.00 MATERIALS DESCRIPTION COST Barriers an 0 0 0.00 0 0 0.00 0 0.00 TOTAL MATERIAL COSTS (Enter here and on Line 4 of Sheet 2) 0.00 COST BREAKDOWN FORM FOR CONTRACT MODIFICATION SHEET 2 OF 2 EQUIPMENT RENTAL SIZE AND TYPE I.D. # HOURS RATE TOTAL Fond Truck #1 0 9.81 0.00 0 9.81 0.00 0.00 0.00 0.00 0.00 TOTAL EQUIPMENT RENTAL COSTS (Enter here and on Line 8) 0.00 0.00 SPECIALIST DESCRIPTION COST TOTAL SPECIALIST COSTS (Enter here and on Line 11) 0.00 TOTAL COSTS 1. TOTAL LABOR COSTS 2.15 % of Line 1 0.00 3. ADD Lines 1 and 2 0.00 0.00 4. TOTAL MATERIAL COSTS 5.12 % of Line 4 0.00 6.8.25 % of line 4 0.00 7. ADD Lines 4, 5 and 6 0.00 0.00 8. TOTAL EQUIPMENT RENTAL COSTS 9. 10 % of Line 8 0.00 10. ADD Lines 8 and 9 0.00 0.00 11. TOTAL SPECIALIST COSTS 12.15 % of Line 11 0.00 13. ADD Lines 11 and 12 0.00 0.00 14. TOTAL COST OF EXTRA WORK (ADD Lines 3, 7,10 and 13) 0.00 CONTRACTOR OR AUTHORIZED REPRESENTATIVE: HOURS VERIFIED BY COV INSPECTOR: WOCOUL-A-1-11flon _____ GENERAL BUILDING & ELECTRICAL CONTRACTOR 2.672 Kempton Drive, Los Alamitos CA 90720 Date: August 4, 2004 Phone:562-773-9045 Fax:562-594-7466 B, C-10, License: 812470 To: City of Vernon: Attention Mr. Matthew Daniels 1-323-583-8811 FAX: 1-323-826-1425 PROPOSAL: RCS-4-98-REV 3: Vernon Cable Trench Non Metallic Overview: Provide services to install a non-metallic cable support system and galvanized steel cable tray with covers and Inner ducts in the existing cable trench as requested. I. Install 280 non metallic stanchion supports installed 2' on center with (2) 11T anchors each in the existing cable trench. I Install 5 - 8" non metallic cable support arms (total of 700) on the 280 stanchion supports as directed by owner. 3. Install 288' of 9" w X 6" d galvanized cable tray with fittings and covers installed on 4. Install (3) 1-1/4" inner ducts 300' long as directed by owner. proper supports. We propose to fumish required labor i equipment — complete in accordance with above specifications scope items 1 through 4 for the sum of Fifty -One Thousand, Four -Hundred and 001100 dollars ($51,400.00). Rhino Construction Services thanks you for the opportunity to provide a proposal to quote this scope of work at Vernon Light $ Power Station. The work as indicated above is bid at straight time and includes all incidental work to accomplish the scope of work as discussed arid desired by customer. All materials guaranteed to be as specified as indicated above. All work performed by RHINO CONSTRUCTION SERVICES and SUBCONTRACTORS is to be performed in a workmanlike manner, per 1999 NEC, according to the specifications submitted and per standard practices. Any alteration or deviation from the above specifications involving extra costs may become an extra charge over and above the estimate, which will only be executed upon written change order.. This proposal includes no agreements for contingency such as strikes, accidents, or delays beyond our control. Our workers are fully covered by Workmen's Compensation Insurance. If either party commences legal action to enforce its rights pursuant to this agreement the prevailing party in said legal action shall be entitled to recover reasonable attomey's fees and costs of litigation relating to said legal action as determined by a court of competent jurisdiction. Authorized Signature: NOTE: This proposal may be.vOthdrawn by us if not accepted within 30 days. ACCEPTANCE OF PROPOSAL: PROPOSAL: RCS-"8-REV 3: VERNON Non -Met Cable Trench. The above -mentioned prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment for said work will be made as outlined above. Signature (of owner or authorized representative): Signature (of James Megorden — Rhino Construction Services) Date of acceptance: RECAPITULATION OF COSTS FORM FOR CONTRACT MODIFICATION Use this form to add total costs of extra work of Contractor, first tier subcontractors and lower tier subcontractors. One form shall be used for each change order. One form shall be used each day for force ac oount work. 1. GENERAL CONTRACTOR COST OF EXTRA WORK Trico Construction 0.00 2. FIRST TIER SUBCONTRACTORS COST OF EXTRA WORK 2A. Contra Costa Electric 5643.00 213. Rhino Construction 0.00 2C. 2D. 2E. 2F. 3. TOTAL COSTS OF FIRST TIER SUBCONTRACTORS, EXTRA WORK 5643.00 (Add Lines 2a through 2f) 4. 12 percent of Line 3 677.16 S. LOWER TIER SUBCONTRACTORS COST OF EXTRA WORK 5a. 5b. 5c. 5d. 5e. 5f. 6. TOTAL COSTS OF LOWER TIER SUBCONTRACTORS, EXTRA WORK 0.00 (Add Lines 5a through 50 7. 12 percent of Line 6 0.00 8. CONTRACT CHANGE ORDER AMOUNT (Add Lines 1, 3, 4, 6 and 7) $6,320.16 9 Bond Premium .012 75.84 10 Total Contract Change Amount Including Bond $6,396 (rounded to the nearest dollar) CONTRACTOR OR AUTHORIZED REPRESENTATIVE: END OF SECTION COST BREAKDOWN FORM FOR CONTRACT MODIFICATION SHEET 1 OF 2 Electric System Upgrades (Switchyard) THIS FORM SHALL BE USED FOR ALL CHANGES TO CONTRACT COST One separate form shall be used by Contractor, each first tier subcontractor and each lower tier. subcontractor. One form for each shall be used for each change order. One form for each, for each day shall be used for force -account work CHANGE ORDER NUMBER: —# 4 Data : September 21, 2004 CHANGE ORDER DESCRIPTION: COV requests that Trico direct CCE to expedite Bank #3 structural steel. Cost covers overtime and pushes delivery up by 2 months. CONTRACTOR: Trico Construction 1. LABOR NAME CLASSIFICATION HOURS RATE TOTAL 0.00 Carpenter Superintendent 0 0 0.00 Laborer 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL LABOR COSTS (Enter here and on Line 1 of Sheet 2) 0.00 0.00 MATERIALS DESCRIPTION Barriers an COST 0 0 0.00 0 0 0.00 0 0.00 TOTAL MATERIAL COSTS (Enter here and on Line 4 of Sheet 2) 0.00 COST BREAKDOWN FORM FOR CONTRACT MODIFICATION SHEET 2 OF 2 EQUIPMENT RENTAL SIZE AND TYPE I.D. # HOURS RATE TOTAL Ford Truck #1 0 9.81 0.00 0 9.81 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL EQUIPMENT RENTAL COSTS (Enter hen: and on Line 8) 0.00 SPECIALIST DESCRIPTION COST TOTAL SPECIALIST COSTS (Enter here and on Line 11) 0.00 TOTAL COSTS 1. TOTAL LABOR COSTS 2.15 % of Line 1 0.00 3. ADD Lines 1 and 2 0.00 0.00 4. TOTAL MATERIAL COSTS S. 12 % of Line 4 0.00 6. 8.25 % of line 4 0.00 7. ADD Lines 4, 5 and 6 0.00 0.00 8. TOTAL EQUIPMENT RENTAL COSTS 9.10%ofLine 8 0.00 10. ADD Lines 8 and 9 000 0.00 11. TOTAL SPECIALIST COSTS 0.00 12. 15 % of Line 11 0.00 13. ADD Lines 11 and 12 0.00 14. TOTAL COST OF EXTRA WORK (ADD Lines 3, 7,10 and 13) - 0.00 CONTRACTOR OR AUTHORIZED REPRESENTATIVE: HOURS VERIFIED BY COV INSPECTOR: Jim SF From: Phil Gaines [Phil Gaines@emcorgroup.com] Sent: Tuesday, September 21, 2004 8:30 AM To: jimb@tricoconstruction.com Subject: RE: Vernon Sub Steel Structure Early Delivery p1c30527.pcx p1c02625.poc (Embedded image moved to file: pic30527.pcx) ----- Forwarded by Phil Gaines/Contra/EMCORGROUP on 09/21/2004 08:29 AM Phil Gaines To: jimb@tricoconstruction.com 09/14/2004 04:47 cc: trico-const@sbcglobal.net, PM mike _noumov@emcorgroup.com, Joey Ramirez/Contra/EMCORGROUP@EMCORGROUP Early Delivery Subject: RE: Vernon Sub Steel Structure (Document link: Phil Gaines) Jim, As requested by Mike Cunningham, The following additional costs will apply, to have the Steel Structures for the Switchrack and.#3 Transformer Bank delivered earlier (Approximately 12/8/04 - 12/15/04) than originally quoted in our Bid Proposal: Switchrack Steel Structures - � C dv Co-rs t, NO O1V '} S, $14;666.00 #3Transformer Bank Structures - $ 5,643.00 My original e-mail asked Independent Power Systems to also quote an earlier delivery for the HV Material & Equipment, in the event that you might entertain that as well. Independent said that the Equipment and Material early deliveries would be too difficult to do, due to the many different suppliers and the Hurricanes in Florida. Apparently with disasters such as a Huuricane that damage alot of Utility Equipment, the orders for Equipment and Material is usually on a first come, first serve basis. We can get later delivery dates that would be cheaper, if you would like us to! Let me know what the the City's decision is, so that I can place the order as soon as possible. Thanks, Phil (Embedded image moved to file: pic02625.pcx) This message is for the named person's use only. It may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you receive this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, 1 EXHIBIT RECAPITULATION OF COSTS FORM FOR CONTRACT MODIFICATION Use this form to add total costs of extra work of Contractor, first tier subcontractors and lower tier subcontractors. One form shall be used for each change order. One form shall be used each day for for account work 1. GENERAL CONTRACTOR COST OF EXTRA WORK Trico Construction (Bond Cost Reduction Credit) 16164.00 012 x the difference between 3,972,000 and 2,625,000 2. FIRST TIER SUBCONTRACTORS COST OF EXTRA WORK 2A. Contra Costa Electric 0.00 213. 2C. 2D. 2E. 2F. 3. TOTAL COSTS OF FIRST TIER SUBCONTRACTORS' EXTRA WORK 0.00 (Add Lines 2a through 20 , 4. 12 percent of Line 3 0.00 5. LOWER TIER SUBCONTRACTORS COST OF EXTRA WORK 5a 5b. 5c. 5d. 5e. 5f. 6. TOTAL COSTS OF LOWER TIER SUBCONTRACTORS' EXTRA WORK 0.00 (Add Lines 5a through 50 7. 12 percent of Line 6 0.00 8. CONTRACT CHANGE ORDER AMOUNT (Add Lines 1, 3, 4, 6 and 7)-$16,164.00 (credit) CONTRACTOR OR AUTHORIZED REPRESENTATIVE: END OF SECTION COST BREAKDOWN FORM FOR CONTRACT MODIFICATION SHEET 1 OF 2 Electric System Upgrades (Switchyard) THIS FORM SHALL BE USED FOR ALL CHANGES TO CONTRACT COST One separate form shall be used by Contractor, each first tier subcontractor and each lower tier. subcontractor. One form for each shall be used for each change order. One form for each, for each day shall be used for force -account work CHANGE ORDER NUMBER: —#1 Date: September 20, 2004 CHANGE ORDER DESCRIPTION: Contract condition change Payment and Performance Bond lowered from 1 1/2 times the base amount to 1 times the base amount. The Bond is index to cover any furture costs. CONTRACTOR: Trico Construction LABOR NAME CLASSIFICATION Carpenter Superintendent Laborer TOTAL LABOR COSTS (Enter here and on Line 1 of Sheet 2) MATERIALS DESCRIPTION TOTAL MATERIAL COSTS (Enter here and on Line 4 of Sheet 2) HOURS RATE 0 0 0 0 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 COST 0 0.00 0 0.00 0.00 MIX COST BREAKDOWN FORM FOR CONTRACT MODIFICATION SHEET 2 OF 2 EQUIPMENT RENTAL SIZE AND TYPE I.D. # HOURS RATE TOTAL Fond Truck #1 0 9.25 0.00 0 9.25 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL EQUIPMENT RENTAL COSTS (Enter here and on Line 8) 0.00 SPECIALIST DESCRIPTION COST TOTAL SPECIALIST COSTS (Enter here and on Line 11) 0.00 TOTAL COSTS 1. TOTAL LABOR COSTS 2. 15 % of Line 1 0.00 3. ADD Lines 1 and 2 0`00 0.00 4. TOTAL MATERIAL COSTS 5. 12 % of Line 4 0.00 6.8.25 % of line 4 0.00 7. ADD Lines 4, 5 and 6 0.00 0.00 8. TOTAL EQUIPMENT RENTAL COSTS 9. 10 % of Line 8 0.00 10. ADD Lines 8 and 9 0.00 0.00 11. TOTAL SPECIALIST COSTS 12.15 % of Line 11 0.00 . 13. ADD Lines 11 and 12 0.00 0.00 14. TOTAL COST OF EXTRA WORK (ADD Lines 3, 7,10 and 13) 0.00 CONTRACTOR OR AUTHORIZED REPRESENTATIVE: HOURS VERIFIED BY COV INSPECTOR: RECAPITULATION OF COSTS FORM FOR CONTRACT MODIFICATION Use this form to add total costs of extra work of Contractor, first tier subcontractors and lower tier subcontractors. One form shall be used for each change order. One form shall be used each day for force -account work 1. GENERAL CONTRACTOR COST OF EXTRA WORK 2. FIRST TIER SUBCONTRACTORS COST OF EXTRA WORK 2A. Contra Costa Electric -35559.00 2B. Rhino Construction 2C. 2D. 2E. 2F. 3. TOTAL COSTS OF FIRST TIER SUBCONTRACTORS' EXTRA WORK 35559.00 (Add Lines 2a through 20 4. 12 percent of Line 3 -4267.08 S. LOWER TIER SUBCONTRACTORS COST OF EXTRA WORK 5a. 5b. 5c. 5d. 5e. 5f. 6. TOTAL COSTS OF LOWER TIER SUBCONTRACTORS, EXTRA WORK 0.00 (Add Lines 5a through 50 7. 12 percent of Line 6 0.00 8. CONTRACT CHANGE ORDER AMOUNT (Add Lines 1, 3, 4, 6 and 7)-$39,826.08 9 Bond Premium .012 10 Total Contract Change Amount including Bond-77.91 4477.91 ,304 (rounded to the nearest dollar) CONTRACTOR OR AUTHORIZED REPRESENTATIVE: END OF SECTION COST BREAKDOWN FORM FOR CONTRACT MODIFICATION SHEET 1 OF 2 Electric System Upgrades (Switchyard) THIS FORM SHALL BE USED FOR ALL CHANGES TO.CONTRACT COST One separate form shall be used by Contractor, each first tier subcontractor and each lower tier. subcontractor. One form for each shall be used for each change order. One form for each, for each day shall be used for force -account work CHANGE ORDER NUMBER: _ # 2 Date: September 16, 2004 CHANGE ORDER DESCRIPTION: COV to provide 1000 MCM cable. Contra Costa Electric is providing a credit for the material CCE will still COV provided MCM per their contract. CONTRACTOR: Trico Construction • LABOR NAME CLASSIFICATION HOURS RATE TOTAL Carpenter Superintendent 0.00 0 0 0.00 Laborer 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL LABOR COSTS (Enter here and on Line 1 of Sheet 2) 0.00 0.00 MATERIALS DESCRIPTION COST 0 0 0.00 0 0 0.00 0 0.00 TOTAL MATERIAL COSTS (Enter here and on Line 4 of Sheet 2) 0.00 COST BREAKDOWN FORM FOR CONTRACT MODIFICATION SHEET 2 OF 2 EQUIPMENT RENTAL SIZE AND TYPE I.D. # HOURS RATE TOTAL Ford Truck #1 0 9.81 0.00 0 9.81 0.00 0.00 0.00 0.00 0.00 TOTAL EQUIPMENT RENTAL COSTS (Enter here and on Line 8) 0.00 0.00 SPECIALIST DESCRIPTION COST TOTAL SPECIALIST COSTS (Enter here and on Line 11) 0.00 TOTAL COSTS I. TOTAL LABOR COSTS 2.15 % of Line 1 0.00 3. ADD Lines 1 and 2 0.00 0.00 4. TOTAL MATERIAL COSTS 5.12 % of Line 4 0.00 6.8.25 % of line 4 0.00 7. ADD Lines 4, 5 and 6 0.00 0.00 8. TOTAL EQUIPMENT RENTAL COSTS 9. 10 % of Line 8 0.00 10. ADD Lines 8 and 9 0.00 0.00 11. TOTAL SPECIALIST COSTS 12. 15 % of Line 11 0.00 13. ADD Lines 11 and 12 0.00 0.00 14. TOTAL COST OF EXTRA WORK (ADD Lines 3, 7,10 and 13) 0.00 CONTRACTOR OR AUTHORIZED REPRESENTATIVE: HOURS VERIFIED BY COV INSPECTOR: Contra Costa Electric An EMCOR Company September 15, 2004 Trico Construction 2650 Leonis Blvd. Vernon, CA 90058 Attention: Mr. Jim Bruschera Project Manager Reference: City of Vernon Vernon Substation Electrical Interconnect Project Contra Costa Electric Job No. 66663 Change Order No. 1- Item C54 (1000kcmil Cable) Credit Mr. Bruschera, Bakersfield, CA 93308 W 661.3Y 4= • Fax 661=4M Please consider this Formal Notification of Contra Costa Electric's intent to issue a Credit, to Trico Construction, in the amount of ($35,559.00) to our Lump Sum Contract amount of $1,618,055.00. The aforementioned Credit will be applied to our first Monthly Billing Invoice. This is in compliance with your e-mail dated September 7, 2004. Your email references Change Order #1, Subject -'1 OOOkcmil Cable Circuits to be supplied by the City of Vernon'. This constitutes a change in Contra Costa Electric' Scope of Worts requiring us to supply; Item C54 (350011' -1000kcmil, copper,15kv.South wire or Equal) of the #3 Transformer Bank Bill of Materials. Contra Costa Electric reserves the right to adjust this Credit amount if in the event the 1000kcnil cable is not supplied by the City of Vernon under reasonable expectations (.e.; separate reels per phase, per pull), which result in any unnecessary additional labor or equipment costs by Contra Costa Electric during the installation of the cable. If you have any questions please feel free to call me at (661) 3224064, ext.113. Sincerely, . Contra Costa Electric, Inc J - ��e Phil Gaines Project Manager SUPPORTING DOCUMENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27I 28 SECOND AMENDMENT TO EQUIPMENT PURCHASE AND PROFESSIONAL SERVICES CONTRACT THIS SECOND 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 6th day of October, 2004, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN AND 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, as amended on September 15, 2004 (collectively 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 1 WHEREAS, City and Trico have agreed that it would be in the 2 best interest of City to amend the terms of the Contract to expand the 3 scope of services to be provided by Trico and to provide for credit 4 allowances for material and bond costs as set forth in the Contract. 5 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 6 FORTH HEREIN: 7 SECTION 1: Additional Services Required.-- City and Trico 8 acknowledge and agree that the additional services described in 9 Exhibit A to this Amendment, a copy of which is attached hereto and 10 incorporated herein by this reference (collectively, the "Additional 11 Services"), are required in connection with the Malburg Generating 12 Station Project (the "Project"). 13 The Additional Services constitute work that was not 14 originally contemplated by the parties, and is now determined by the 15 parties to be necessary to the Project. This Amendment is entered 16 into solely for the purpose of evidencing the City's approval of the 17 items listed in Exhibit A. The parties specifically acknowledge and 18 agree that this Amendment is not intended to and does not evidence the 19 City's approval or.Trico's waiver or settlement of any reference to or 20 description of or claim in regard to a time delay or schedule impact 21 that may be set forth in any of the Trico's cost estimates, whether or 22 not listed in Exhibit A, all of which are subject to review and 23 evaluation by the City.. Trico hereby waives any claim that the City's 24 execution of this Amendment or payment of the Additional Cost _(as 25 described below) constitutes the City's express or implied agreement 26 to any reference in any of the Trico's cost estimates related to time 27 delays or schedule impacts. 28 SECTION 2: Cost of Additional Services. The City and - 2 - Trico agree that the total cost for all labor and materials for the Additional Services is $64,655.00 (the "Additional Cost"). The Additional Cost is payable on the terms of the Contract, following any adjustment as set forth in Section 3 below. SECTION 3: Cost Adjustment. City and Trico acknowledge and agree that the cost of additional services shall be adjusted for bond reduction costs and MCM cable modifications by Contra Costa Electric in the sum of $56,468.00, as described in Exhibit B to this Amendment, a copy of which is attached hereto and incorporated herein by this reference (collectively, the "Credits"). SECTION 4: Terms of Additional Services. All Additional Services are to be provided in accordance with the terms of the Contract, are to meet the standards and specifications and quality of work provisions set forth in the Contract, and are to be covered by the same warranties or guarantees, if any, that are set forth in the Contract. SECTION 5: Approval by City. This Amendment shall be executed by a duly authorized representative of City following approval of the terms of this Amendment by City in accordance with City policies and procedures. SECTION 3: Remainder of Agreement. Except as specifically modified herein, all terms and conditions of the Contract are unmodified and remain in full force and effect, and are hereby ratified by the parties. - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13'' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by and through their authorized officers on the date, month and year first written above. APPROVED AS 0 M: E F ES , Ci Attorney CITY OF VERNON By: -� BRUCE V. MALKENHORST, City Administrator GALLIERA, INC. dba TRICO CONSTRUCTION r4JLA� By: Typed Name: James A. Bruschera Title: General Manager - 4 - RECAPITULATION OF COSTS FORM FOR CONTRACT MODIFICATION Use this form to add total costs of extra work of Contractor, first tier subcontractors and lower tier subcontractors. One form shall be used for each change order. One form shall be used each day for force -account work. 1. GENERAL CONTRACTOR COST OF EXTRA WORK Trico Construction 0.00 2. FIRST TIER SUBCONTRACTORS COST OF EXTRA WORK 2A. Contra Costa Electric 0.00 213. Rhino Construction 51400.00 2C. 2D. 2E. 2F. 3. TOTAL COSTS OF FIRST TIER SUBCONTRACTORS' EXTRA WORK 51400.00 . (Add Lines 2a through 2f) 4. 12 percent of Line 3 6168.00 5. LOWER TIER SUBCONTRACTORS COST OF EXTRA WORK 5a. 5b. 5c. 5d. 5e. 5f. 6. TOTAL COSTS OF LOWER TIER SUBCONTRACTORS' EXTRA WORK (Add Lines 5a through 5f) 7. 12 percent of Line 6 8. CONTRACT CHANGE ORDER AMOUNT (Add Lines 1, 3, 4, 6 and 7) 9 Bond Premium .012 10 Total Contract Change Amount Including Bond (rounded to the nearest dollar) CONTRACTOR OR AUTHORIZED REPRESENTATIVE: END OF SECTION MX 0.00 $57,568.00 690.82 $58,259 COST BREAKDOWN FORM FOR CONTRACT MODIFICATION SHEET 1 OF 2 Electric System Upgrades (Switchyard) THIS FORM SHALL BE USED FOR ALL CHANGES TO CONTRACT COST One separate form shall be used by Contractor, each first tier subcontractor and each lower tier. subcontractor. One form for each shall be used for each change order. One form for each, for each day shall be used for force -account work CHANGE ORDER NUMBER: _ #3 Date: September 16, 2004 CHANGE ORDER DESCRIPTION: COV requests that Trico administer Rhino's attached contract proposal dated August 4, 2004. CONTRACTOR: _ Trico Construction LABOR NAME CLASSIFICATION HOURS RATE TOTAL 4rZc, Carpenter Superintendent 0 0 0.00 Laborer ` 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL LABOR COSTS (Enter here and on Line 1 of Sheet 2) 0.00 MATERIALS DESCRIPTION COST Barriers an 0 0 0.00 0 0 0.00 0 0.00 TOTAL MATERIAL COSTS (Enter here and on Line 4 of Sheet 2) 0.00 COST BREAKDOWN FORM FOR CONTRACT MODIFICATION SHEET 2 OF 2 EQUIPMENT RENTAL SIZE AND TYPE I.D. # HOURS RATE TOTAL Ford Truck #1 0 9.81 0.00 0 9.81 0.00 0.00 0.00 0.00 0.00 TOTAL EQUIPMENT RENTAL COSTS (Enter here and on Line 8) 0.000.00 SPECIALIST DESCRIPTION TOTAL SPECIALIST COSTS (Enter here and on Line 11) TOTAL COSTS I. TOTAL LABOR COSTS 2. 15 % of Line 1 3. ADD Lines 1 and 2 4. TOTAL MATERIAL COSTS 5. 12 % of Line 4 6. 8.25 % of line 4 7. ADD Lines 4, 5 and 6 8. TOTAL EQUIPMENT RENTAL COSTS 9. 10 % of Line 8 10. ADD Lines 8 and 9 11. TOTAL SPECIALIST COSTS 12. 15 % of Line 11 13. ADD Lines 11 and 12 14. TOTAL COST OF EXTRA WORK (ADD Lines 3, 7,10 and 13) CONTRACTOR OR AUTHORIZED REPRESENTATIVE: HOURS VERIFIED BY COV INSPECTOR: COST 1 11 i 11 1 11 1 11 Ili �u�no ons *flucfi®n GENERAL BUILDING & ELECTRICAL CONTRACTOR 2672 Kempton Drive, Los Alamitos CA 90720 Date: August 4, 2004 Phone:562-773-9045 Fax:562-594-7466 8, C-10, License: 812470 To: City of Vernon: Attention Mr. Matthew Daniels 1-323-583-8811 FAX: 1-323-826-1425 PROPOSAL: RCS-4 98-REV 3: Vernon Cable Trench Non Metallic Overview. Provide services to install a non-metallic cable support system and galvanized steel cable tray with covers and Inner ducts in the existing cable trench as requested. 1. Install 280 non metallic stanchion supports installed 2' on center with (2) 1/2" anchors each in the existing cable trench. 3. Install 5 - 8" non metallic cable support arms (total of 700) on the 280 stanchion supports as directed by owner. 3. Install 288' of 9" w X 6" d galvanized cable tray with fittings and covers installed on proper supports. 4. Install (3) 1-1/4" inner ducts 300' long as directed by owner. We propose to fumish required labor & equipment — complete in accordance with above specifications scope items 1 through 4 for the sum of Fifty -One Thousand, Four -Hundred and 00/100 dollars ($51,400.00). Rhino Construction Services thanks you for the opportunity to provide a proposal to quote this scope of work at Vernon Light & Power Station. The work as indicated above is bid at straight time and includes all incidental work to accomplish the scope of work as discussed and desired by customer. All materials guaranteed to be as specified as indicated above. All work performed by RHINO CONSTRUCTION SERVICES and SUBCONTRACTORS is to be performed in a workmanlike manner, per 1999 NEC, according to the specifications submitted and per standard practices. Any alteration or deviation from the above specifications involving extra costs may become an extra charge over and above the estimate, which will only be executed upon written change order. This proposal includes no agreements for contingency such as strikes, accidents, or delays beyond our control.. Our workers are fully covered by Workmen's Compensation Insurance. If either party commences legal action to enforce its rights pursuant to this agreement the prevailing party in said legal action shall be entitled to recover reasonable attorney's fees and costs of litigation relating to said legal action as determined by a court of competent jurisdiction. Authorized Signature: NOTE: This proposal may be withdrawn by us if not accepted within 30 days. ACCEPTANCE OF PROPOSAL: PROPOSAL: RCS-4-98-REV 3: VERNON Non -Met Cable Trench The above -mentioned prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment for said work will be made as outlined above. Signature (of owner or authorized representative): Signature (of James Megorden — Rhino Construction Services) Date of acceptance: RECAPITULATION OF COSTS FORM FOR CONTRACT MODIFICATION Use this form to add total costs of extra work of Contractor, first tier subcontractors and lower tier subcontractors. One form shall be used for each change order. One form shall be used each day for force -account work. 1. GENERAL CONTRACTOR Trico Construction 2. FIRST TIER SUBCONTRACTORS 2A. Contra Costa Electric 26. Rhino Construction 2C. 2D. 2E. 2F. COST OF EXTRA WORK M COST OF EXTRA WORK 5643.00 0.00 3. TOTAL COSTS OF FIRST TIER SUBCONTRACTORS' EXTRA WORK 5643.00 (Add Lines 2a through 20 4. 12 percent of Line 3 677.16 5. LOWER TIER SUBCONTRACTORS COST OF EXTRA WORK 5a. 5b. 5c. 5d. 5e. 5f. 6. TOTAL COSTS OF LOWER TIER SUBCONTRACTORS' EXTRA WORK 0.00 (Add Lines 5a through 60 7. 12 percent of Line 6 0.00 8. CONTRACT CHANGE ORDER AMOUNT (Add Lines 1, 3, 4, 6 and 7) $6,320.16 9 Bond Premium .012 75.84 10 Total Contract Change Amount Including Bond $6,396 (rounded to the nearest dollar) CONTRACTOR OR AUTHORIZED REPRESENTATIVE: END OF SECTION COST BREAKDOWN FORM FOR CONTRACT MODIFICATION SHEET 1 OF 2 1 Electric System Upgrades (Switchyard) THIS FORM SHALL BE USED FOR ALL CHANGES TO CONTRACT COST One separate form shall be used by Contractor, each first tier subcontractor and each lower tier. subcontractor. One form for each shall be used for each change order. One form for each, for each day shall be used for force -account work CHANGE ORDER NUMBER: # 4 Date: September 21, 2004 CHANGE ORDER DESCRIPTION: COV requests that Trico direct CCE to expedite Bank #3 structural steel. Cost covers overtime and pushes delivery up by 2 months. CONTRACTOR: Trico Construction LABOR NAME CLASSIFICATION HOURS RATE TOTAL 0.00 Carpenter Superintendent 0 0 0.00 Laborer 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL LABOR COSTS (Enter here and on Line 1 of Sheet 2) 0.00 MATERIALS DESCRIPTION COST Barriers an 0 0 0.00 0 0 0.00 0 0.00 TOTAL MATERIAL COSTS (Enter here and on Line 4 of Sheet 2) 0.00 COST BREAKDOWN FORM FOR CONTRACT MODIFICATION SHEET 2 OF 2 EQUIPMENT RENTAL SIZE AND TYPE I.D. # HOURS RATE TOTAL Ford Truck #1 0 9.81 0.00 TOTAL EQUIPMENT RENTAL COSTS (Enter here and on Line 8) SPECIALIST DESCRIPTION TOTAL SPECIALIST COSTS (Enter here and on Line 11) TOTAL COSTS 1. TOTAL LABOR COSTS 2. 15 % of Line 1 3. ADD Lines 1 and 2 4. TOTAL MATERIAL COSTS 5. 12 % of Line 4 6. 8.25 % of line 4 7. ADD Lines 4, 5 and 6 8. TOTAL EQUIPMENT RENTAL COSTS 9. 10 % of Line 8 10. ADD Lines 8 and 9 11. TOTAL SPECIALIST COSTS 12. 15 % of Line 11 13. ADD Lines 11 and 12 14. TOTAL COST OF EXTRA WORK (ADD Lines 3, 7,10 and 13) CONTRACTOR OR AUTHORIZED REPRESENTATIVE: HOURS VERIFIED BY COV INSPECTOR: 0 9.81 0.00 0.00 0.00 0.00 0.00 0.00 0.00 COST O W ffil", MIE Jirq SF From: Phil Gaines [Phil_Gaines@emcorgroup.com] Sent: Tuesday, September 21, 2004 8:30 AM To: jimb@tricoconstruction.com Subject: RE: Vernon Sub Steel Structure Early Delivery pic30527.pcx pic02625.po( (Embedded image moved to file: pic30527.pcx) ----- Forwarded by Phil Gaines/Contra/EMCORGROUP on 09/21/2004 08:29 AM Phil Gaines To: jimb@tricoconstruction.com 09/14/2004 04:47 cc: trico-contt@sbcglobal.net, PM mike _noumov@emcorgroup.com, Joey Ramirez/Contra/EMCORGROUP@EMCORGROUP Subject: RE: Vernon Sub Steel Structure Early Delivery (Document link: Phil Gaines) Jim, As requested by Mike Cunningham, The following additional costs will apply, to have the Steel Structures for the Switchrack and #3 Transformer Bank delivered earlier (Approximately 12/8/04 - 12/15/04) than originally quoted in our Bid Proposal: -lti► ► s.� Switchrack Steel Structures - $14,666.00' �-7 c a a-Ti s� n'4 o o w� #3Transformer Bank Structures - $ 5,643.00 %,_. GoY COZ�S� �QS My original e-mail asked Independent Power Systems to also quote an earlier delivery for the HV Material & Equipment, in the event that you might entertain that as well. Independent said that the Equipment and Material early deliveries would be too difficult to do, due to the many different suppliers and the Hurricanes in Florida. Apparently with disasters such as a Huuricane that damage alot of Utility Equipment, the orders for Equipment and Material is usually on a first come, first serve basis. We can get later delivery dates that would be cheaper, if you would like us to! Let me know what the the City's decision is, so that I can place the order as soon as possible. Thanks, Phil (Embedded image moved to file: pic02625.pcx) This message is for the named person's use only. It may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you receive this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, 1 RECAPITULATION OF COSTS FORM FOR CONTRACT MODIFICATION Use this form to add total costs of extra work of Contractor, first tier subcontractors and lower tier subcontractors. One form shall be used for each change order. One form shalt be used each day for force -account work. 1. GENERAL CONTRACTOR COST OF EXTRA WORK Trico Construction (Bond Cost Reduction Credit) 16164.00 .012 x the difference between 3,972,000 and 2,625,000 2. FIRST TIER SUBCONTRACTORS COST OF EXTRA WORK 2A Contra Costa Electric 0.00 2B. 2C. 2D. 2E. 2F. 3. TOTAL COSTS OF FIRST TIER SUBCONTRACTORS' EXTRA WORK 0.00 (Add Lines 2a through 2f) 4. 12 percent of Line 3 0.00 5. LOWER TIER SUBCONTRACTORS COST OF EXTRA WORK 5a. 5b. 5c. 5d. 5e. 5f. 6. TOTAL COSTS OF LOWER TIER SUBCONTRACTORS' EXTRA WORK 0.00 (Add Lines 5a through 50 7. 12 percent of Line 6 0.00 8. CONTRACT CHANGE ORDER AMOUNT (Add Lines 1, 3, 4, 6 and 7)-$16,164.00 (credit) CONTRACTOR OR AUTHORIZED REPRESENTATIVE: END OF SECTION COST BREAKDOWN FORM FOR CONTRACT MODIFICATION SHEET 1 OF 2 Electric System Upgrades (Switchyard) THIS FORM SHALL BE USED FOR ALL CHANGES TO CONTRACT COST One separate form shall be used by Contractor, each first tier subcontractor and each lower tier. subcontractor. One form for each shall be used for each change order. One form for each, for each day shall be used for force -account work CHANGE ORDER NUMBER: —#1 Date: September 20, 2004 CHANGE ORDER DESCRIPTION: Contract condition change Payment and Performance Bond lowered from 1 1/2 times the base amount to 1 times the base amount. The Bond is index to cover any furture costs. CONTRACTOR: Trico Construction XJT�elJ NAME CLASSIFICATION HOURS RATE TOTAL 0.00 Carpenter Superintendent 0 0 0.00 Laborer 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL LABOR COSTS (Enter here and on Line 1 of Sheet 2) 0.00 MATERIALS DESCRIPTION COST 0 0 0.00 0 0 0.00 0 0.00 TOTAL MATERIAL COSTS (Enter here and on Line 4 of Sheet 2) 0.00 COST BREAKDOWN FORM FOR CONTRACT MODIFICATION SHEET 2 OF 2 EQUIPMENT RENTAL SIZE AND TYPE I.D. # HOURS RATE TOTAL Ford Truck #1 0 9.25 0.00 0 9.25 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL EQUIPMENT RENTAL COSTS (Enter here and on Line 8) 0.00 SPECIALIST DESCRIPTION TOTAL SPECIALIST COSTS (Enter here and on Line 11) TOTAL COSTS 1. TOTAL LABOR COSTS 2.15 % of Line 1 3. ADD Lines 1 and 2 4. TOTAL MATERIAL COSTS 5. 12 % of Line 4 6.8.25 % of line 4 7. ADD Lines 4, 5 and 6 8. TOTAL EQUIPMENT RENTAL COSTS 9.10%ofLine 8 10. ADD Lines 8 and 9 11. TOTAL SPECIALIST COSTS 12.15 % of Line 11 13. ADD Lines 11 and 12 14. TOTAL COST OF EXTRA WORK (ADD Lines 3, 7,10 and 13) CONTRACTOR OR AUTHORIZED REPRESENTATIVE: HOURS VERIFIED BY COV INSPECTOR: COST Al s RECAPITULATION OF COSTS FORM FOR CONTRACT MODIFICATION Use this form to add total costs of extra work of Contractor, first tier subcontractors and lower tier subcontractors. One form shall be used for each change order. One form shall be used each day for force -account work. 1. GENERAL CONTRACTOR COST OF EXTRA WORK 2. FIRST TIER SUBCONTRACTORS 2A. Contra Costa Electric 2B. Rhino Construction 2C. 2D. 2E. 2F. M COST OF EXTRA WORK 35559.00 3. TOTAL COSTS OF FIRST TIER SUBCONTRACTORS' EXTRA WORK-35559.00 (Add Lines 2a through 20 4. 12 percent of Line 3 -4267.08 5. LOWER TIER SUBCONTRACTORS COST OF EXTRA WORK 5a. 5b. 5c. 5d. 5e. 5f. 6. TOTAL COSTS OF LOWER TIER SUBCONTRACTORS' EXTRA WORK 0.00 (Add Lines 5a through 5f) 7. 12 percent of Line 6 0.00 8. CONTRACT CHANGE ORDER AMOUNT (Add Lines 1, 3, 4, 6 and 7)-$39,826.08 9 Bond Premium .012 477.91 10 Total Contract Change Amount Including Bond-$40,304 (rounded to the nearest dollar) CONTRACTOR OR AUTHORIZED REPRESENTATIVE: END OF SECTION COST BREAKDOWN FORM FOR CONTRACT MODIFICATION SHEET 1 OF 2 Electric System Upgrades (Switchyard) THIS FORM SHALL BE USED FOR ALL CHANGES TO CONTRACT COST One separate form shall be used by Contractor, each first tier subcontractor and each lower tier. subcontractor. One form for each shall be used for each change order. One form for each, for each day shall be used for force -account work CHANGE ORDER NUMBER: —# 2 Date: September 16, 2004 CHANGE ORDER DESCRIPTION: COV to provide 1000 MCM cable. Contra Costa Electric is providing a credit for the material. CCE will still COV provided MCM per their contract. CONTRACTOR: Trico Construction LABOR NAME CLASSIFICATION HOURS RATE TOTAL 0.00 Carpenter Superintendent 0 0 0.00 Laborer 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL LABOR COSTS (Enter here and on Line 1 of Sheet 2) 0.00 MATERIALS DESCRIPTION COST 0 0 0.00 0 0 0.00 0 0.00 TOTAL MATERIAL COSTS (Enter here and on Line 4 of Sheet 2) 0.00 s COST BREAKDOWN FORM FOR CONTRACT MODIFICATION SHEET 2 OF 2 EQUIPMENT RENTAL SIZE AND TYPE I.D. # HOURS RATE TOTAL Ford Truck #1 0 9.81 0.00 0 9.81 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL EQUIPMENT RENTAL COSTS (Enter here and on Line 8) 0.00 SPECIALIST DESCRIPTION COST TOTAL SPECIALIST COSTS (Enter here and on Line 11) TOTAL COSTS 1. TOTAL LABOR COSTS 2. 15 % of Line 1 3. ADD Lines 1 and 2 4. TOTAL MATERIAL COSTS 5. 12 % of tine 4 6.8.25 % of line 4 7. ADD Lines 4, 5 and 6 8. TOTAL EQUIPMENT RENTAL COSTS 9. 10 % of Line 8 10. ADD Lines 8 and 9 11. TOTAL SPECIALIST COSTS 12. 15 % of Line 11 13. ADD Lines 11 and 12 14. TOTAL COST OF EXTRA WORK (ADD Lines 3, 7,10 and 13) CONTRACTOR OR AUTHORIZED REPRESENTATIVE: HOURS VERIFIED BY COV INSPECTOR: M _. _4 a Contra Costa Elect►ic An ENCOR Company September 15, 2004 Trico Construction 2660 Leonis Blvd. Vernon, CA 90058 Attention: Mr. Jim Bruschera Project Manager Reference: City of Vernon Vernon Substation Electrical Interconnect Project Contra Costa Electric Job No. 66663 Change Order No. 1- Item C54 (1000kcmil Cable) Credit Mr. Bruschera, Bakersfield, CA 93308 Ph: 661.322.4036 • Fax: 661.322.4039 Please consider this Formal Notification of Contra Costa Electric' intent to issue a Credit, to Trico Construction, in the amount of ($35,559.00) to our Lump Sum Contract amount of $1,618,055.00. The aforementioned Credit will be applied to our first Monthly Billing Invoice. This is in compliance with your e-mail dated September 7, 2004. Your email references Change Order#1, Subject -'1 OOOkcmil Cable Circuits to be supplied by the City of Vernon'. This constitutes a change in Contra Costa Electric's Scope of Work requiring us to supply; Item C54 (35001f-1000kcmil, copper, 15kv South wire or Equal) of the #3 Transformer Bank Bill of Materials. Contra Costa Electric reserves the right to adjust this Credit amount if in the event the 1000kcmil cable is not supplied by the City of Vernon under reasonable expectations (i.e.; separate reels per phase, per pull), which result in any unnecessary additional labor or equipment costs by Contra Costa Electric during the installation of the cable. If you have any questions please feel free to call me at (661) 3224064, ext.113. Sincerely, Contra Costa Electric, Inc C'Gc.t .ate Phil Gaines Project Manager