Resolution No. 8630
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RESOLUTION NO. 8630
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
NINTH AMENDMENT TO CONTRACT FOR PROCUREMENT,
CONSTRUCTION AND STARTUP BY AND BETWEEN THE CITY OF
VERNON AND MARELICH MECHANICAL CO., INC., DBA
UNIVERSITY MARELICH MECHANICAL & GALLIERA, INC.,
DBA TRICO CONSTRUCTION FOR THE MALBURG GENERATING
STATION PROJECT
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WHEREAS, on January 22, 2003, the City Council of the City
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of Vernon adopted Resolution No. 8115 approving a Contract for
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Procurement, Construction and Startup (the "Contract") with Marelich
Mechanical Co., Inc., dba University Marelich Mechanical & Galliera,
12 Inc., dba Trico Construction, a Joint Venture, ("Marelich"); and
13 WHEREAS, on April 21, 2004, the City Council of the City of
14 Vernon adopted Resolution No. 8435 ratifying the approval of a First
15 and Second Amendment to the Contract for additional services; and
16 WHEREAS, on August 4, 2004, the City Council of the City of
17 Vernon adopted Resolution No. 8510 approving a Third Amendment to the
18 Contract for additional services; and
19 WHEREAS, on October 6, 2004, the City Council of the City of
20 Vernon adopted Resolution No. 8549 approving a Fourth Amendment to the
21 Contract for additional services; and
22 WHEREAS, on November 3, 2004, the City Council of the City
23 of Vernon adopted Resolution No. 8584 approving a Fifth Amendment to
24 the Contract for additional services; and
25 WHEREAS, on November 17, 2004, the City Council of the City
26 of Vernon adopted Resolution No. 8600 approving a Sixth Amendment to
27 the Contract for contractual language modifications; and
28 WHEREAS, on December 1, 2004, the City Council of the City
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1 of Vernon adopted Resolution No. 8608 approving a Seventh Amendment to
2 the Contract for additional services; and
3 WHEREAS, on December 15, 2004, the City Council of the City
4 of Vernon adopted Resolution No. 8628 approving an Eighth Amendment to
5 the Contract for additional services; and
6 WHEREAS, on January 5, 2005, the Finance Committee
7 considered the recommendation of Bruce V. Malkenhorst, the Director of
8 Finance, dated December 29, 2004, that an amendment to the Contract
9 with Marelich for additional services in a not to exceed sum of
10 $1,244,918.00 be approved and executed; and
11 WHEREAS, the City Council of the City of Vernon has
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12 determined that, pursuant to the provisions of subsection (a) of
13 Section 2.27 of the Vernon City Code, it is in the public interest and
14 necessity to enter into an amendment to the Contract with Marelich.
15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
16 CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The City Council of the City of Vernon hereby
18 finds and determines that the recitals contained hereinabove are true
19 and correct.
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SECTION 2:
The City Council of the City of Vernon hereby
21 approves the Ninth Amendment to Contract for Procurement, Construction,
22 and Startup with Marelich, in substantially the same form as the copy
23 which is attached hereto as Exhibit A and incorporated by reference.
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SECTION 3:
The City Council of the City of Vernon hereby
25 authorizes the Mayor to execute said Amendment for, and on behalf of,
26 the City of Vernon and the City Clerk is hereby authorized to attest
27 thereto.
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SECTION 4:
The City Council of the City of Vernon hereby
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directs the City Clerk, or his designee, to send one fully executed
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Amendment to:
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University Marelich Mechanical
Attn. Jay W. McEntire, Sr. Vice President & General Manager
1000 N. Kraemer Place
Anaheim, CA 92806-2610
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SECTION 5:
The City Clerk of the City of Vernon shall
7 certify to the passage of this resolution, and thereupon and
8 thereafter the same shall be in full force and effect.
9 APPROVED AND ADOPTED this 5th day of January, 2005.
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~... . . /~F LEONIS C. MAL~URG, Mayor
ATTEST: ~
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BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA
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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.
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8630, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, January 5,
2005, and thereafter was duly signed by the Mayor of the City of
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Vernon.
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BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
A
NINTH AMENDMENT
TO
CONTRACT FOR PROCUREMENT. CONSTRUCTION. AND STARTUP
This Ninth Amendment to' Co.ntract fo.r Procurement, Co.nstructio.n, and Startup fo.r the
Malburg Generating Statio.n Pro.ject, Verno.n, Califo.rnia (this "Amendment") is made as o.f
January 5, 2005 by and between the City o.fVerno.n, a municipal co.rpo.ratio.n (the "City") and
Marelich Mechanical Co.., Inc. dba University Marelich Mechanical & Galliera, Inc. dba Trico.
Co.nstructio.n, a Jo.int Venture (the "Co.ntracto.r"), and is made with reference to. the fo.llo.wing:
A. The City and the Co.ntractor entered into. that certain Co.ntract fo.r Procurement,
Co.nstructio.n, and Startup fo.r the Malburg Generating Statio.n Pro.ject dated February 3,2003, as
amended o.n September 10,2003, March 17,2004, August 4,2004, October 6,2004,
November 3,2004, No.vember 27,2004, December 1,2004 and December 15,2004
(collectively, the "Agreement':), pursuant to. which the parties agreed that the Co.ntracto.r wo.uld
provide fo.r the pro.curement, co.nstructio.n and start-up services fo.r the City's develo.pment o.f a
Combined Cycle Po.wer Plant (the "Pro.ject"), o.n the terms and co.nditio.ns described in the
Agreement.
B. The City and the Co.ntracto.r have agreed that it wo.uld be in the best interest o.f the
Project fo.r the Co.ntractor to. perfo.rm additio.nal wo.rk and pro.vide additio.nal materials and
services in co.nnectio.n with the Pro.ject under the terms o.fthe Agreement.
C. Paragraph 6 o.fthe Agreement requires that changes to. the Project requiring
expenditures in excess o.f$20,000 be acco.mplished by an Amendment to' the Agreement. The
additio.nallabo.r and materials required in co.nnectio.n with the Project will exceed $20,000.
Therefore, to' co.mply with the terms o.fthe Agreement, the City and the Co.ntracto.r desire to' enter
into this Amendment to' amend the terms o.fthe Agreement as set fo.rth belo.w. Each initially
capitalized term used in this Amendment witho.ut definitio.n shall have the meaning ascribed to'
such term in the Agreement.
THEREFORE, for valuable co.nsideration, the parties agree as fo.llo.ws:
I. Additio.nal Services Required. The City and the Co.ntracto.r ackno.wledge and
agree that the additio.nal services described in Exhibit "A" to' this Agreement, a co.py o.fwhich is
attached hereto. and inco.rpo.rated herein by this reference (co.llectively, the "Additio.nal
Services"), are required in co.nnectio.n with the Pro.ject. The Additional Services co.nstitute wo.rk
that was no.t o.riginally co.ntemplated by the parties, and is no.w determined by the parties to. be
necessary to the Pro.ject. This Amendment is entered into so.lely fo.r the purpo.se o.f evidencing
the City's appro.val o.fthe Co.st components o.fthe items listed in Exhibit "A." The parties
specifically ackno.wledge and agree that this Amendment is not intended to. and do.esno.t
evidence the City's appro.val o.r the Contracto.r's waiver o.r settlement o.f any reference to. o.r
descriptio.n o.f o.r claim in regard to' a time delay o.r schedule impact that may be set fo.rth in any
o.fthe Co.ntracto.r's Co.st estimates, whether o.r no.t listed in Exhibit "A," all o.fwhich are subject
to review and evaluatio.n by the City. Co.ntracto.r hereby waives any claim that the City's
execution o.fthis Amendment o.r payment o.fthe Additio.nal Co.st (as described belo.w) co.nstitutes
the City's express o.r implied agreement to' any reference in any o.fthe Co.ntracto.r's Co.st
estimates related to' time delays o.r schedule impacts.
2. Co.st o.f Additio.nal Services. The City and the Co.ntractor agree that the to.tal Co.st
fo.r alllabo.r and materials fo.r the Additio.nal Services is $1,244,918.00 (the "Additio.nal Co.st").
The Additio.nal Co.st is payable o.n the terms o.f the Agreement, fo.llo.wing submissio.n and
approval o.f do.cumentation as required by the Agreement.
3. Terms o.f Additio.nal Services. All Additio.nal Services are to be provided in
acco.rdance with the terms o.f the Agreement, are to' meet the standards and specificatio.ns and
quality o.f wo.rk provisio.ns set fo.rth in the Agreement, and are to' be co.vered by the same
warranties o.r guarantees, if any, that are set fo.rth in the Agreement.
4. Approval by the City. This Amendment shall be executed by a duly autho.rized
representative o.f the City fo.llo.Wing approval o.f the terms o.f this Amendment by the City in
acco.rdance with City po.licies and procedures.
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5. Remainder o.f Agreement. Except as specifically modified herein, all terms and
conditio.ns o.f the Agreement are unmo.dified and remain in full fo.rce and effect, and apply to' the
Additional Wo.rk and Additio.nal Co.sts as iftho.se services and costs were o.riginally included in
the Agreement.
Executed as o.f the date first abo.ve written.
CITY OF VERNON
By:
Leo.nis C. Malburg, Mayo.r
ATTEST:
Bruce V. Malkenho.rst, City Clerk
APPROVED AS TO FORM .
Eric T. Fresch, City Atto.rney
CONTRACTOR
Marelich Mechanical Co.., Inc. dba University
Marelich Mechanical & Galliera, Inc. dba Trico.
Co.nstructio.n, a Jo.int Venture
By:
Signature
Date:
Name:
Title:
By:
Signature
Date:
Name:
Title:
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SUPPORTING
DOCUMENTS
NINTH AMENDMENT
TO
CONTRACT FOR PROCUREMENT. CONSTRUCTION. AND STARTUP
This Ninth Amendment to' Co.ntract fo.r Procurement, Co.nstructio.n, and Startup fo.r the
Malburg Generating Statio.n Project, Verno.n, Califo.rnia (this "Amendment") is made as o.f
January 5,2005 by and between the City o.fVerno.n, a municipal co.rpo.ratio.n (the "City") and
Marelich Mechanical Co.., Inc. dba University Marelich Mechanical & Galliera, Inc. dba Trico.
Co.nstructio.n, a Jo.int Venture (the "Co.ntracto.r"), and is made with reference tQ the fo.llo.wing:
A. The City and the Co.ntracto.r entered into. that certain Co.ntract fo.r Pro.curement,
Co.nstructio.n, and Startup fo.r the Malburg Generating Statio.n Project dated February 3, 2003, as
amended o.n September 10, 2003, March 17, 2004, August 4, 2004, Octo.ber 6, 2004 ,
No.vember 3,2004, No.vember 27,2004, December I, 2004 and December 15,2004
(co.llectively, the "Agreement"), pursuant to which the parties agreed that the Co.ntracto.r wo.uld
pro.vide fo.r the procurement, co.nstructio.n and start-up services fo.r the City's develo.pment o.f a .
Co.mbined Cycle Po.wer Plant (the "Project"), o.n the terms and co.nditio.ns described in the
Agreement.
. B. The City and the Co.ntracto.r have agreed that it wo.uld be in the best interest o.f the
Project fo.r the Co.ntracto.r to.'perfo.rm additio.nal wo.rk and provide additio.nal materials and
services in co.nnectio.n with the Project under the terms o.f the Agreement.
C. Paragraph 6 o.fthe Agreement requires that changes to. the Project requiring
expenditures in excess o.f $20,000 be acco.mplished by an Amendment to. the Agreement. The
additio.nallabo.r and materials required in co.nnectio.n with the Pro.ject will exceed $20,000.
Therefo.re, to. co.mply with the terms o.f the Agreement, the City and the Co.ntractor desire to. enter
into. this Amendment to' amend the terms o.fthe Agreement as set fo.rth belo.w. Each initially
capitalized term used in this Amendment witho.ut definitio.n shall have the meaning ascribed to'
such term in the Agreement.
THEREFORE, fo.r valuable co.nsideratio.n, the parties agree as fo.llo.ws:
I. Additio.nal Services Required. The City and the Co.ntracto.r ackno.wledge and
agree that the additio.nal services described in Exhibit "A" to' this Agreement, a co.py o.f which is
attached hereto. and inco.rpo.rated herein by this reference (co.llectively, the "Additio.nal
Services"), are required in co.nnectio.n with the Project. The Additio.nal Services co.nstitute wo.rk
that was no.t o.riginally co.ntemplated by the parties, and is no.w determined by the parties to. be
necessary to. the Project. This Amendment is entered into. so.lely fo.r the purpo.se o.f evidencing
the City's approval o.fthe Co.st co.mpo.nents o.fthe items listed in Exhibit "A." The parties
specifically ackno.wledge and agree that this Amendment is no.t intended to. and do.es no.t
evidence the City's appro.val o.r the Co.ntracto.r's waiver o.r settlement o.f any reference to' o.r
descriptio.n o.f o.r claim in regard to a time delay o.r schedule impact that may be set fo.rth in any
o.fthe Co.ntracto.r's Co.st estimates, whether o.r not listed in Exhibit "A," all o.fwhich are subject
to' review and evaluatio.n by the City. Co.ntracto.r hereby waives any claim that the City's
executio.n o.fthis Amendment o.r payment o.fthe Additional Cost (as described belo.w) co.nstitutes
the City's express o.r implied agreement to' any reference in any o.fthe Co.ntractor's Co.st
estimates related to' time delays o.r schedule impacts.
2. Co.st o.f Additio.nal Services. The City and the Co.ntracto.r agree that the to.tal cost
fo.r alllabo.r and materials fo.r the Additio.nal Services is $1,244,918.00 (the "Additional Co.st").
The Additio.nal Co.st is payable o.n the terms o.f the Agreement, fo.llo.wing submissio.n and
approval o.f do.cumentatio.n as required by the Agreement.
3. Terms o.f Additio.nal Services. All Additio.nal Services are to' be provided in
accordance with the terms o.f the Agreement, are to' meet the standards and specificatio.ns and
quality o.f wo.rk provisio.ns set forth in the Agreement, and are to' be co.vered by the same
warranties o.r guarantees, if any, that are set fo.rth in the Agreement.
4. Approval by the City. This Amendment shall be executed by a duly autho.rized
representative o.f the City fo.llo.wing approval o.f the terms o.f this Amendment by the City in
acco.rdance with City po.licies and procedures.
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5. Remainder o.f Agreement. Except as specifically mo.dified herein, all terms and
conditio.ns o.f the Agreement are unmo.dified and remain in full fo.rce and effect, and apply to' the
Additio.nal W o.rk and Additio.nal Co.sts as if tho.se services and Co.sts were o.riginally included in
the Agreement.
Executed as o.f the date first abo.ve written.
CITY OF VERNON
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By: ~-u~,
;.v-. Leo.nis C. Malburg,\Mayo.r V
ATTEST:
~ ~j~~ ~
Bruce V. Malkenho.rst, C~;;;.?/ c-- ~
APPROVED AS TO FORM
C~
EricT.Fres ~CuyA~y
CONTRACTOR
Marelich Mechanical Co.., Inc. dba University
Marelich Mechanical & Galliera, Inc. dba Trico.
Co.ns ctio.n, a Jo.int Venture
By:
Date: /-/9 'nJ-
,
Name: JC;../ ~ <--4;'G--
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Title: Jr I//?
By:Gb---
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Date: t. I ~. OS
Name: ..Jf:\..M f..>~SC~M
Title: &- / 1-7
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CE#
44R2
45
120
132A
188C
197R 1
204
214
225
251
279
315
320
417
423
461
T atal
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EXHIBIT A
ADDITIONAL WORK
Description of Work
Manual Valve Changes
PASCOR Disconnect Switches added for switchyard
Civil Changes per DCN 039
Temporary Power connections to the Generator Heaters
Rebar Surcharge for October 2004
Mechanical Changes to Civil Drawings - DCN 078
Rework to Alstom Piping Spools
Alstom-Approved Removal of Factory Installed Angles on HRSG
Units 1 & 2 Module 1
Loading of Alstom Studs, Bolts, Nuts & Washers
Changes to STG & Raw Water Tank per DCN80
Added Shear Bars in CTG Foundation
Cable Tray Modifications
Added CEMS Sample Line
Underground Drain Piping Delta
Added Cable Tray under CTG 1 & 2 Control Module Building
Contra Costa Electric Installation of Rebar
A-I
Amount
$ 223,999.00
$15,475.00
$40,943.00
$1,365.00
$4,436.00
$36,967.00
$43,103.00
$2,691.00
$238.00
$19,572.00
$39,602.00
$40,945.00
$17,382.00
$741,031.00
$13,526.00
$3,643.00
$1,244,918.00
CE#
44R2
45
120
132A
188C
197R1
204
214
225
251
279
315
320
417
423
461
Total
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EXHIBIT A
ADDITIONAL WORK
Description of Work
Manual Valve Changes
PASCOR Disconnect Switches added for switch yard
Civil Changes per DCN 039
Temporary Power connections to the Generator Heaters
Rebar Surcharge for October 2004
Mechanical Changes to Civil Drawings - DCN 078
Rework to Alstom Piping Spools
Alstom-Approved Removal of Factory Installed Angles on HRSG
Units 1 & 2 Module 1
Loading of Alstom Studs, Bolts, Nuts & Washers
Changes to STG & Raw Water Tank per DCN80
Added Shear Bars in CTG Foundation
Cable Tray Modifications
Added CEMS Sample Line
Underground Drain Piping Delta
Added Cable Tray under CTG 1 & 2 Control Module Building
Contra Costa Electric Installation of Rebar
A-I
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Amount
$ 223,999.00
$15,475.00
$40,943.00
$1,365.00
$4,436.00
$36,967.00
$43,103.00
$2,691.00
$238.00
$19,572.00
$39,602.00
$40,945.00
$17,382.00
$741,031.00
$13,526.00
$3,643.00
$1,244,918.00