Resolution No. 8673
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RESOLUTION NO. 8673
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
ELEVENTH 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
Procurement, Construction and Startup (the "Contract") with Marelich
11 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
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 City Council of the City of
7 Vernon adopted Resolution No. 8630 approving a Ninth Amendment to the
8 Contract for additional services; and
9 WHEREAS, on January 19, 2005, the City Council of the City
10 of Vernon adopted Resolution No. 8640 approving a Tenth Amendment to
11 the Contract for additional services; and
12 WHEREAS, on February 16, 2005, the Finance Committee
13 considered the recommendation of Bruce V. Malkenhorst, the Director of
14 Finance, dated February 9, 2005, that an amendment to the Contract
15 with Marelich for additional services in a not to exceed sum of
16 $1,569,293.00 be approved and executed; and
17 WHEREAS, the actual cost of the additional services being
18 approved in the Eleventh Amendment to the Contract is the sum of
19 $1,518,730.00; and
20 WHEREAS, the City Council of the City of Vernon has
2i determined that, pursuant to the provisions of subsection (a) of
22 Section 2.27 of the Vernon City Code, it is in the public interest and
23 necessity to enter into an amendment to the Contract with Marelich.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
25 CITY OF VERNON AS FOLLOWS:
26 SECTION 1: The City Council of the City of Vernon hereby
27 finds and determines that the recitals contained hereinabove are true
28 and correct.
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SECTION 2:
The City Council of the City of Vernon hereby
2 approves the Eleventh Amendment to Contract for Procurement,
3 Construction, and Startup with Marelich, in substantially the same form
4 as the copy which is attached hereto as Exhibit A and incorporated by
5 reference.
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SECTION 3:
The City Council of the City of Vernon hereby
7 authorizes the Mayor to execute said Amendment for, and on behalf of,
8 the. City of Vernon and the City Clerk is hereby authorized to attest
9 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
Amendment to:
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Oniversity 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
17 certify to the passage of this resolution, and thereupon and
18 thereafter the same shall be in full force and effect.
19 APPROVED AND ADOPTED this 16th day of February, 2005.
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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
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I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8673, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday,
February 16, 2005, and thereafter was duly signed by the Mayor of the
City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
A
ELEVENTH AMENDMENT
TO
CONTRACT FOR PROCUREMENT. CONSTRUCTION. AND STARTUP
This Eleventh Amendment to Contract for Procurement, Construction, and Startup for the
Malburg Generating Station Project, Vernon, California (this "Amendment") is made as of
February 16,2005 by and between the City of Vernon, a municipal corporation (the "City") and
Marelich Mechanical Co., Inc. dba University Marelich Mechanical & Galliera, Inc. dba Trico
Construction, a Joint Venture (the "Contractor"), and is made with reference to the following:
A. The City and the Contractor entered into that certain Contract for Procurement,
Construction, and Startup for the Malburg Generating Station Project dated February 3,2003, as
amended on September 10,2003, March 17,2004, August 4,2004, October 6, 2004,
November 3,2004, November 27,2004, December 1,2004, December 15, 2004, January 5,
2005 and January 19,2005 (cQllectively, the "Agreement"), pursuant to which the parties agreed
that the Contractor would provide for the procurement, construction and start-up services for the
City's development of a Combined Cycle Power Plant (the "Project"), on the terms and
conditions described in the Agreement.
B. The City and the Contractor have agreed that it would be in the best interest of the
Project for the Contractor to perform additional work and provide additional materials and
services in connection with the Project under the terms of the Agreement.
C. Paragraph 6 of the Agreement requires that changes to the Project requiring
expenditures in excess of $20,000 be accomplished by an Amendment to the Agreement. The
additional labor and materials required in connection with the Project will exceed $20,000.
Therefore, to comply with the terms of the Agreement, the City and the Contractor desire to enter
into this Amendment to amend the terms of the Agreement as set forth below. Each initially
capitalized term used in this Amendment without definition shall have the meaning ascribed to
such term in the Agreement.
THEREFORE, for valuable consideration, the parties agree as follows:
1. Additional Services Required. The City and the Contractor acknowledge and
agree that the additional services described in Exhibit "A" to this Agreement, a copy of which is
attached hereto and incorporated herein by this reference (collectively, the "Additional
Services"), are required in connection with the Project. The Additional Services constitute work
that was not originally contemplated by the parties, and is now determined by the parties to be
necessary to the Project. This Amendment is entered into solely for the purpose of evidencing
the City's approval of the cost components of the items listed in Exhibit "A." The parties
specifically acknowledge and agree that this Amendment is not intended to and does not
evidence the City's approval or the Contractor's waiver or settlement of any reference to or
description of or claim in regard to a time delay or schedule impact that may be set forth in any
of the Contractor's cost estimates, whether or not listed in.Exhibit "A," all of which are subject
to review and evaluation by the City. Contractor hereby waives any claim that the City's
execution ofthis Amendment or payment of the Additional Cost (as described below) constitutes
the City's express or implied agreement to any reference in any of the Contractor's cost
estimates related to time delays or schedule impacts.
2. Cost of Additional Services. The City and the Contractor agree that the total cost
for all labor and materials for the Additional Services is $1,518,730.00 (the "Additional Cost").
The Additional Cost is payable on the terms of the Agreement, following submission and
approval of documentation as required by the Agreement.
3. Terms of Additional Services. All Additional Services are to be provided in
accordance with the terms of the Agreement, are to meet the standards and specifications and
quality of work provisions set forth in the Agreement, and are to be covered by the same
warranties or guarantees, if any, that are set forth in the Agreement.
4. Approval bv the City. This Amendment shall be executed by a duly authorized
representative of the City follQwing approval of the terms of this Amendment by the City in
accordance with City policies and procedures.
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5. Remainder of Agreement. Except as specifically modified herein, all terms and
conditions of the Agreement are unmodified and remain in full force and effect, and apply to the
Additional Work and Additional Costs as if those services and costs were originally included in
the Agreement.
Executed as of the date first above written.
CITY OF VERNON
By:
ATTEST:
Leonis C. Malburg, Mayor
Bruce V. Malkenhorst, City Clerk
APPROVED AS TO FORM ,
Eric T. Fresch, City Attorney
CONTRACTOR
Marelich Mechanical Co., Inc. dba University
Marelich Mechanical & Galliera, Inc. dba Trico
Construction, a Joint Venture
By:
Signature
Date:
Name:
Title:
By:
Signature
Date:
Name:
Title:
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EXHIBIT
A
EXHIBIT A
ADDITIONAL WORK
CE# Description of Work
Amount
5 Ultra Low Sulfur Fuel
34 Civil Excavation Delta
156 Change to GSUs
157 Added Shoring
172 Added Electrical Ductbank & Wiring Diesle Fire Pump
194 Piping Change per DCN064
196 Piping Change per DCN079
210 . Rework to Liner Plates
211 Add Gusset Plates
212 Purchase of HP/LP Pump & Ammonia Tank Anchor Bolts
217 Patch Holes in Modules
224 Remove Type C Supports on CO Catalyst Frame
280 Storage of PDCMs
298 Repair to Site
321 Removal of SWPPP @ Soto/Leonis
355 Change to Rebar Ties @ HRSG Piers
367 Change to Concrete PSI Requirement
377 Removal & Replacement of Rock Under HRSGs
386 Carb 96 Equipment
400 Grating & Embeds for STG Trench
406 Added Control Joints
407 Civil Changes per DCN 113
416 Move to Chef Solutions
436 DJM OT 1-05
449 CCE OT 12-19 & 12-26
449 CCE OT 1-2 & 1-9
449 CCE OT 1-16 & 1-23
450 UMMfT OT 12-26 & 1-2
450 UMM OT 1-3 to 1-30
456 Shielded Wire
467 Provide Bare Ground Cable with 1000 MCM
468 Shower Alarms
469 Provide 1000 MCM Lugs @ CTG
474 ARB OT 1-15, 1-16, 1-17
485 CCE Instrumentation Increases
501 Purchase Sealant for Enclosure Panels
$9,072.00
$291,359.00
$95,814.00
$208,064.00
$10,433.00
$36,160.00
$1,555.00
$6,301.00
$2,215.00
$998.00
$1,741.00
$2,307.00
$10,490.00
$16,733.00
$3,190.00
$6,452.00
$30,929.00
$32,250.00
$56,216.00
$5,284.00
$6,217.00
$24,450.00
$35,445.00
$42,421.00
$9,667.00
$4,364.00
$32,839.00
$16,381.00
$195,265.00
$38,597.00
$72,526.00
$8,393.00
$15,642.00
$44,694.00
$143,492.00
$774.00
Total
$1,518,730.00
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SUPPORTING
DOCUMENTS
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ELEVENTH AMENDMENT
TO
CONTRACT FOR PROCUREMENT. CONSTRUCTION. AND STARTUP
This Eleventh Amendment to Contract for Procurement, Construction, and Startup for the
Malburg Generating Station Project, Vernon, California (this "Amendment") is made as of
February 16,2005 by and between the City of Vernon, a municipal corporation (the "City") and
Marelich Mechanical Co., Inc. dba University Marelich Mechanical & Galliera, Inc.dba Trico
Construction, a Joint Venture (the "Contractor"), and is made with reference to the following:
A. The City and the Contractor entered into that certain Contract for Procurement,
Construction, and Startup for the Malburg Generating Station Project dated February 3,2003, as
amended on September 10, 2003, March 17, 2004, August 4, 2004, October 6, 2004 ,
November 3,2004, November 27,2004, December 1,2004, December 15, 2004, January 5,
2005 and January 19,2005 (collectively, the "Agreement"), pursuant to which the parties agreed
that the Contractor would provide for the procurement, construction and start-up services for the
City's development of a Combined Cycle Power Plant (the "Project"), on the terms and
conditions described in the Agreement.
B. The City and the Contractor have agreed that it would be in the best interest of the
Project for the Contractor to perform additional work and provide additional materials and
services in connection with the Project under the terms of the Agreement.
C. Paragraph 6 of the Agreement requires that changes to the Project requiring
expenditures in excess of $20,000 be accomplished by an Amendment to the Agreement. The
additional labor and materials required in connection with the Project will exceed $20,000.
Therefore, to comply with the terms of the Agreement, the City and the Contractor desire to enter
into this Amendment to amend the terms of the Agreement as set forth below. Each initially
capitalized term used in this Amendment without defmition shall have the meaning ascribed to .
such term in the Agreement.
THEREFORE, for valuable consideration, the parties agree as follows:
1. Additional Services Reauired. The City and the Contractor acknowledge and
agree that the additional services described in Exhibit "A" to this Agreement, a copy of which is
attached hereto and incorporated herein by this reference (collectively, the "Additional
Services"), are required in connection with the Project. The Additional Services constitute work
that was not originally contemplated by the parties, and is now determined by the parties to be
necessary to the Project. This Amendment is entered into solely for the purpose of evidencing
the City's approval of the cost components of the items listed in Exhibit "A." The parties
specifically acknowledge and agree that this Amendment is not intended to and does not
evidence the City's approval or the Contractor's waiver or settlement of any reference to or
description of or claim in regard to a time delay or schedule impact that may be set forth in any
. . .
of the Contractor's cost estimates, whether or not listed in Exhibit "A," all of which are subject
to review and evaluation by the City. Contractor hereby waives any claim that the City's
execution of this Amendment or payment of the Additional Cost (as described below) constitutes
the City's express or implied agreement to any reference in any of the Contractor's cost
estimates related to time delays or schedule impacts.
2. Cost of Additional Services. The City and the Contractor agree that the total cost
for all labor and materials for the Additional Services is $1,518,730.00 (the "Additional Cost").
The Additional Cost is payable on the terms ofthe Agreement, following submission and
approval of documentation as required by the Agreement.
3. Terms of Additional Services. All Additional Services are to be provided in
accordance with the terms of the Agreement, are to meet the standards and specifications and
quality of work provisions set forth in the Agreement, and are to be covered by the same
warranties or guarantees, if any, that are set forth in the Agreement.
4. ApVroval by the City. This Amendment shall be executed by a duly authorized
representative of the City following approval of the terms of this Amendment by the City in
accordance with City policies and procedures.
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5. Remainder of Agreement. Except as specifically modified herein, all terms and
conditions of the Agreement are unmodified and remain in full force and effect, and apply to the
Additional Work and Additional Costs as if those services and costs were originally included in
the Agreement.
Executed as of the date first above written.
ATTEST:
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Bruce V. Malkenhorst, City Clerk '~
CITY OF VERNON
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BY:~1)'
.,. Leonis C. Malburg, ayor
APPROVED AS TO FORM
C,~
Eric T. Fresc~ Ity A~ey
CONTRACTOR
Marelich Mechanical Co., Inc. dba University
Marelich Mechanical & Galliera, Inc. dba Trico
Construction, a Joint Venture
BY:~~~~ ~-
Date: . :J.../A.5/oJ-
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Name: Ja}~ HJ~c;~I?;'e--
Title: V P
By:
Signature
Date:
Name:
Title:
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5. Remainder of Agreement. Except as specifically modified herein, all terms and
conditions of the Agreement are unmodified and remain in full force and effect, and apply to the
Additional Work and Additional Costs as if those services and costs were originally included in
the Agreement.
Executed as of the date first above written.
CITY OF VERNON
By:
AITEST:
Leonis C. Malburg, Mayor
Bruce V. Malkenhorst, City Clerk
APPROVED AS TO FORM
Eric T. Fresch, City Attorney
CONTRACTOR
Marelich Mechanical Co., Inc. dba University
Marelich Mechanical & Galliera, Inc. dba Trico
Construction, a Joint Venture
By:
Signature
Date:
Name:
Title:
BY.W~
SI e
Date: ;t. , a- ~ , OS
Name: J A-J'A.~S 'e::Qv~c.~
Title: G. / M
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EXHIBIT A
ADDITIONAL WORK
CE# Description of Work
Amount
5 Ultra Low Sulfur Fuel
34 Civil Excavation Delta
156 Change to GSUs
157 Added Shoring
172 Added Electrical Ductbank & Wiring Diesle Fire Pump
194 Piping Change per DCN064
196 Piping Change per DCN079
210 Rework to Liner Plates
211 Add Gusset Plates
212 Purchase of HP/LP Pump & Ammonia Tank Anchor Bolts
217 Patch Holes in Modules
224 Remove Type C Supports on CO Catalyst Frame
280 Storage of PDCMs
298 Repair to Site
321 Removal of SWPPP @ Soto/Leonis
355 Change to Rebar Ties @ HRSG Piers
367 Change to Concrete PSI Requirement
377 Removal & Replacement of Rock Under HRSGs
386 Carb 96 Equipment
400 Grating & Embeds for STG Trench
406 Added Control Joints
407 Civil Changes per DCN113
416 Move to Chef Solutions
436 DJM OT 1-05
449 CCE OT 12-19 & 12-26
449 CCE OT 1-2 & 1-9
449 CCEOT 1-16 & 1-23
450 UMMff OT 12-26 & 1-2
450 UMM OT 1-3 to 1-30
456 Shielded Wire
467 Provide Bare Ground Cable with 1000 MCM
468 Shower Alarms
469 Provide 1000 MCM Lugs @ CTG
474 ARB OT 1-15, 1-16, 1-17
485 CCE Instrumentation Increases
501 Purchase Sealant for Enclosure Panels
$9,072.00
$291,359.00
$95,814.00
$208,064.00
$10,433.00
$36,160.00
$1,555.00
$6,301.00
$2,215.00
$998.00
$1,741.00
$2,307.00
$10,490.00
$16,733.00
$3,190.00
$6,452.00
$30,929.00
$32,250.00
$56,216.00
$5,284.00
$6,217.00
$24,450.00
$35,445.00
$42,421.00
$9,667.00
$4,364.00
$32,839.00
$16,381.00
$195,265.00
$38,597.00
$72,526.00
$8,393.00
$15,642.00
$44,694.00
$143,492.00
$774.00
Total
$1,518,730.00
A-I