Loading...
HomeMy WebLinkAboutReso 91-418 - Approve & Authorize the Mayor to sign the first amendment to the agreement for caretaking & support services between COR & Black & Veatch Const, Inc for consulting services associated with the Redding Power Project RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FIRST AMENDMENT TO THE AGREEMENT FOR CARETAKING AND SUPPORT SERVICES BETWEEN THE CITY OF REDDING AND BLACK & VEATCH CONSTRUCTION, INC. FOR CONSULTING SERVICES ASSOCIATED WITH THE REDDING POWER PROJECT WHEREAS, the City of Redding entered into an Agreement for Caretaking and Support Services with Black & Veatch Construction Inc. on July 29 , 1991; and WHEREAS, staff has recommended that the scope of services be altered to include the preparation of an independent engineer' s report of the proposed Industrial Power. Technology project, and to provide support services for the City' s new Project Manager; and WHEREAS, attached is a true copy of the proposed First Amendment to the Black & Veatch Construction, Inc. Agreement for Council' s consideration; and WHEREAS, it is the recommendation of staff that City Council approve said Amendment; NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Redding hereby approves the attached First Amendment to Agreement for Caretaking and Support Services; that the Mayor of the City of Redding is hereby authorized and directed to sign said Amendment on behalf of the City of Redding; r� i CN and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 1st day of October , 1991, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: ARNESS, BUFFUM, FULTON, MOSS & DAHL NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE MIKE DAHL, Mayor City of Redding ATTEST: C. ETHEL A. NICHOLS, City Clerk FORX2APPROVED: R DALL A. HAYS, City Attorney FIRST AMENDMENT TO AGREEMENT FOR CARETAKING AND SUPPORT SERVICES BETWEEN CITY OF REDDING, CALIFORNIA AND BLACK & VEATCH CONSTRUCTION, INC. This First Amendment to' the "Agreement for Caretaking and Support Services Between City of Redding, California (Owner) and Black & Veatch Construction, Inc. (Contractor)" dated July 29, 1991 (hereinafter called "Agreement") is made this 25th day of September, 1991 by and between Owner and Contractor. Recitals 1. Owner and Contractor entered into the Agreement whereby Contractor was to provide Owner with certain caretaking and support services. 2. Owner and Contractor mutually wish to amend that Agreement to extend its term; to expand the scope of engineering services; and to modify certain terms and conditions in the Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, Owner and Contractor agree as follows. a. Article 3 - Services to Be Performed by Contractor The following change is made: Contractor shall perform the Services described in the Revised Attachment A, Scope of Services (copy attached) . b. Article 4 - Compensation The following change is made: Owner shall pay Contractor in accordance with the Revised Attachment B, Compensation (copy attached). 3. Except as expressly modified by this Amendment No. 1, all of the terms and conditions of the Agreement shall remain in full force and effect. 092591 1 IN WITNESS WEHREOF, the parties have caused this Amendment No. 1 to be signed the day and year first above-mentioned. CITY OF REDDING, CALIFORNIA BLACK & S RUCTION, INC. Owner Contra or By By Title Title " Date Date 092591 2 REVISED ATTACHMENT A REDDING POWER CARETAKING AND SUPPORT SERVICES SCOPE OF SERVICES The following summarizes the scope of services associated with the caretaking effort and permitting and management support services in support of the City's acquisition of the Redding Power project and peaking power generation additions. Black & Veatch Construction, Inc. (Contractor) will provide the services as described below. Contractor intends to provide such services using Townsend and Bottum and Black & Veatch as subcontractors as appropriate. The dates indicated below are provided to tie compensation estimates to a point in time. Contractor understands that the schedules may be adjusted by up to six months. Task 1.1 - Caretaker Support The Contractor will provide caretaker services associated with the project. The objective of this task is to maintain the project in the as-provided condition from the point of financial closing until the project is assigned to another party by the City. This assignment is assumed to occur on or before initiation of modification construction. The work will be performed and documented in such a fashion to facilitate transfer of the work. The task has the following separate subtasks. Task 1.1A - Project Inventory Contractor will inventory the entire project starting on or about July 29, 1991. Contractor will compare its inventory against one previously provided and note any discrepancies to the City. If requested, Contractor will assist the City as requested to resolve any discrepancies. Task 1.1B - Transition to the City's Control The Contractor will review previously developed lay-up and maintenance plans, available Instruction Manuals, Operation Plans, Maintenance Plans, and other documents and, based on the recommendations contained therein, develop a Standby Maintenance Plan. Black & Veatch will assist the Contractor in the development of the Standby Maintenance Plan. The Plan will serve as the basis for the long-term lay-up of the project. The contents of the plan are as follows. A-1 REDDING POWER - CARETAKING & SUPPORT SERVICES AGREEMENTI REVISED ATTACHMENT A a. Document control to ensure a system of filing and recording which provides ready access for efficient maintenance and correction, performance forecasting and costing. In addition, establish a technical library. b. Computerized planned preventive maintenance program and maintenance management program. C. Spare parts program. d. Control and usage of tools and test equipment. e. Maintenance/caretaking analysis. f. Weekly planned preventive maintenance/caretaking assignments and schedule. g. Planned preventive maintenance/caretaking list. h. Property accounting and material control system. The Contractor will review the documentation which results from the effort of the current lay-up contractor. Any noted discrepancies between the proposed Standby Maintenance -Plan and past lay-up work will be noted to the City. The Contractor will assist the City in evaluating the effects of any lay-up deficiencies. Task 1.1C - Standby Maintenance The Contractor will implement the Standby Maintenance Plan, provide custodial services, and 24-hour site security. The Contractor will maintain records of maintenance and repair activities and maintain a log of all on-site activities. The Contractor will acquire miscellaneous tools and expendables necessary to support his work. Any tools or equipment acquired by the Contractor and which is treated as a pass through expense will become the property of the City at the completion of the work. The Contractor, through its subcontractor, intends to use direct hires in the support of this effort. To the extent practical , the Contractor plans to use personnel , who were previously involved in operation, lay- up or maintenance of the project. A-2 REDDING POWER - CARETAKING & SUPPORT SERVICES AGREEMENTI 0 REVISED ATTACHMENT A Task 1.10 - Transition to Others The Contractor will cooperate with the City in the transition from the Contractor providing caretaking services to others. The Contractor assumes that complete responsibility for caretaking will be transferred prior to the initiation of modification construction. Up until the point of transfer, the Contractor will continue to implement the Standby Maintenance Plan. During the transition period, the Contractor will provide the successor or prospective successors with access to the Standby Maintenance Plan and maintenance records. Once a successor is selected, the Contractor will jointly develop turnover procedures to ensure continuous lay-up support and will assist the City in monitoring the successor' s lay-up and maintenance effort. Task 1.2 - Additional Lay-Up Work As a result of previous investigations and inaction by current owners, lay-up activities recommended by other consultants and not currently implemented, may need to be undertaken. For those items which cannot be reasonably performed by the caretaking staff, the Contractor, using the services of its subcontractor Black & Veatch for specification and drawing preparation, will assist the City in completing the required work. The work anticipated includes the following. o Developing procurement packages o Preparing specifications and drawings for each procurement package o Evaluating bids o Providing construction management services for the lay-up work The lay-up work will be done by other contractors. The services of these contractors will be acquired through competitive bidding and using the City' s procurement process and purchasing documentation. Task 1.3 - Liquidation Support Contractor will assist the City in the liquidation of assets, including equipment, buildings, and parts associated with the site. Such support will primarily include developing a liquidation plan and assisting the City in implementing that plan. A-3 REDDING POWER - CARETAKING 6 SUPPORT SERVICES AGREEMENTI REVISED ATTACHMENT A Task 2.1 - Project Permitting Contractor will assist the City in securing the transfer of existing permits and licenses and acquiring any new permits and licenses necessary to support modification and operation of the project. The work includes the following subtasks. Task 2.1A - Engineering Support Contractor will furnish engineering evaluations to determine the proposed configuration of the facility to be licensed. The work will include developing project descriptions and drawings which depict the project and anticipated construction activities associated with the modification work. Contractor assumes that sufficient site characterization work exists and is available to Contractor to support the licensing and final engineering for the project and that additional on-site investigations are not required. All work requiring a professional license will actually be performed by Black & Veatch under a subcontract with Contractor. Task 2.1B - Permit Application Preparation Contractor will prepare applications to transfer existing permits and licenses from the previous owner-operator-licensee to the City. Contractor will also prepare applications for any new licenses associated with the electric generating facilities. Contractor will provide licensing expertise and technical support to assist the City in transferring and/or obtaining the licenses, permits, and approvals for modification and operation of the Redding Power facility as identified in the Independent Engineers Report and summarized as follows. 1A. Transfer/Modification of Air Permit to Operate o Application for permit transfer and associated analysis will be performed by Contractor. o Contractor assumes no daily or annual increase in NO,, emissions plus limits on annual operating hours as necessary. -- or -- A-4 REDDING POWER - CARETAKING & SUPPORT SERVICES AGREEMENTI REVISED ATTACHMENT A 1B. Application for New Air Permit to Operate (If required) o Contractor will provide offset modeling of 5 sources and BACT/LAER analysis. o Contractor assumes National Weather Service meteorological data is used for modeling and no preconstruction air quality monitoring required. 2. Transfer of Wastewater Discharge Permit o Application for permit transfer and preparation of new wastewater discharge report performed by Contractor. 3. Transfer of City of Redding Use Permit 4. Transfer of Permit to Operate Steam Boiler 5. Obtain a new EPA Low Volume Hazardous Waste Generator Identification Number in City's name. 6. Mosquito Abatement District Approval 7. Other approvals required by law of which Contractor has knowledge or should reasonably have knowledge Except as covered by Tasks 2.2 and 2.3, any additional approvals which may become necessary for modification and operation of the Redding Power facility can be provided under modified or separate scope of services. Contractor assumes that the City or others will prepare applications as required to support City or other facilities on the site including any electric substations and transmission lines and other City facilities. The City will obtain all land and water rights necessary to support the project including title searches and legal surveys, if required. Task 2.1C - Consultation Support Contractor will consult as required with local , state, and federal resource agencies regarding securing the necessary transfer of licenses and permits and any new licenses and permits required to modify and operate the electric generating facility. This work shall include initial consultations on filing requirements, coordinating and conducting consultation meetings, expediting agency review and processing of filings, and supporting any statutory public hearing required in the licensing and permitting of the electric generating project. A-5 REDDING POWER - CARETAKING & SUPPORT SERVICES AGREEMENTI REVISED ATTACHMENT A Task 2.2 - Fuel Gas Service Support Contractor will assist the City in completing any permit applications and other obligations of the City to ensure and/or expedite installation of fuel gas service to the site. The support primarily covers working with local gas supply interests, resource agencies, and other City departments. The support is not envisioned to include direct support in gas supply (commodity) contract or transmission contract negotiations. Task 2.3 - Permits to Remove Existing Facilities If required to support liquidation of any existing assets, Contractor will assist the City in securing any permits or compiling with any regulations regarding the liquidation of the facilities. Task 2.4 - Project Management Support Contractor will furnish, under its subcontract with Black & Veatch, home office engineering services to assist in planning and implementing the activities necessary to complete the modifications and restart of the project. Task 2.4A - Site Master Plan Contractor will work with the City and its various departments to develop a master plan for the use of the site. Contractor will assist the Electric Department to insure that the areas needed to modify, operate and maintain the Redding Power electric generating facility and to construct, maintain and operate a future simple-cycle or combined cycle facilities are preserved. Task 2.41B - Engineering Services Support Contractor shall assist the City in planning and implementing the activities necessary to complete the modifications and restart of the project. Contractor will assist the City in developing a request for proposals and evaluating proposals to secure engineering or design-build services for the boiler modifications and interconnection facilities. If this task is furnished by Contractor, Contractor understands that it and Black & Veatch will be prohibited from providing subsequent engineer or design-build services. Task 2.4C - Schedule and Cost Control Contractor will assist the City in establishing a management control schedule, cost estimate, and cash flow to support modifications and A-6 REDDING POWER - CARETARING & SUPPORT SERVICES AGREEMENTI REVISED ATTACHMENT A initial operation of the electric generating facility. The work will use project management and spreadsheet PC-based programs, compatible with or provided by the City. Task 2.4D - OW Plan Contractor will assist the City in developing an Operation and Maintenance (0&M) Plan for the electric generating facility. The plan will identify the major 0&M work and the approach to be employed by the City in implementing the plan. The plan will include descriptions of any required 0&M procedures which must be developed and identify the parties and level of effort required to complete the development. The plan will identify minimum staffing requirements, employee qualifications (for key operating personnel), and how the services will be obtained, i .e. direct hires or service contractors. The plan will also outline training requirements, both initial and on-going, for key operating personnel and how the training will be achieved. Task 3.1 - IPT Proposal Assessments Contractor will assist the City in assessing peaking power generation additions proposed by the Industrial Power Technology (IPT). Presently, IPT' s proposal consists of three General Electric Frame 5 combustion turbine simple cycle peaking power generation and it is anticipated alternate equipment may be proposed. The peaking power assessment will include the following. 1. Review IPT qualifications and render opinion. 2. Review IPT's proposed equipment and render opinion. 3. Provide an opinion on the useful life of the proposed addition. 4. Estimate the cost to interconnect the proposed addition to the City' s 115 kV transmission system. A list of major activities to be performed and major new equipment requirements will be provided. 5. Assess the general availability of natural gas to fuel the proposed addition including contacting PG&E to identify the facilities and cost necessary to get the fuel to the project site. The City will cooperate and provide input with respect to gas sources. 6. Identify labor and material cost estimates for operating the proposed addition including escalations and expected schedule and cost of major overhauls. A-7 REDDING POWER - CARETAKING & SUPPORT SERVICES AGREEMENTI REVISED ATTACHMENT A 7. Provide synergenistic benefits of IPT additions/Redding Power. 8. Review IPT's proposed permitting and licensing plan and advise the City of its adequacy and assist the City by providing technical input. 9. Estimate market value of the proposed addition. 10. Estimate or render an opinion on the City's estimates of the fixed and variable costs for the proposed addition including startup, annual 0&M, insurance, taxes (in lieu of fees) , capitalized interest, financing costs and escalation rates. 11. Review the City's projections of alternative costs. 12. Review and render opinion on the City's calculations on rate impacts. 13. Incorporate the proposed addition in the previously submitted draft of the Redding Power Plant report. A-8 REDDING POWER - CARETAKING 5 SUPPORT SERVICES AGREEMENTI REVISED ATTACHMENT B REDDING POWER CARETAKING AND SUPPORT SERVICES COMPENSATION This attachment covers compensation for Caretaking and Engineering Support Services for the Redding Power facility. The anticipated scope of services is summarized in Attachment A. The assumed schedule includes beginning work on or about July 29, 1991, and completing tasks on or about the start of construction. Black & Veatch Construction, Inc. (Contractor) understands that the actual schedule may be adjusted up to six months. The assumptions provided were used to arrive at the estimated costs. The rates are based on 1991 rates and will increase at the end of 1991 and on an annual basis with the general rate of inflation. For work performed by subcontractors and direct hires, Owner shall pay to Contractor the rates proposed below and expenses as noted. For work performed by Contractor and subcontractors based at their home offices, Owner shall pay to the Contractor for the performance of the Services the sum of the following amounts. (1) The amount of 2.00 times payroll costs for the actual time of personnel applied to the Services. Payroll costs include actual salary plus allowances for holidays, vacation, sick leave, FICA and unemployment taxes, worker's compensation insurance, and employee benefits, including medical insurance, supplemental retirement programs, life insurance, incentive compensation, tuition reimbursements, and other miscellaneous benefits. The payroll allowance shall be fixed for the term of this Agreement at thirty-four (34) percent of the hourly salary rate. Hourly salary rates shall be equal to the annual salary divided by 2,080. (2) An amount equal to the actual out-of-pocket costs or standard charges for all expenses incurred by Contractor directly chargeable to the Services rendered pursuant to this Agreement. Such expenses shall specifically include, but are not necessarily limited to, the following. (a) Long distance telephone expenses. B-1 REDDING POWER - CARETAKING AND SUPPORT SERVICES f REVISED ATTACHMENT B (b) Standard charges for operating time actually applied to the Services of Contractor's computer center, other computer centers, and Contractor' s automated drafting systems. (c) Prints, reproduction, work processing, and printed documents at standard rates. (d) Reasonable traveling and living expenses for personnel . (e) The actual cost paid by the Contractor to third parties. (f) Other direct expenses related to the Services. The Contractor' s fiscal year is divided into 13 four-week accounting periods. Each accounting period contains 160 hours. Contractor will submit to Owner invoices for Services performed over a four-week period. Each invoice will be submitted by about the tenth day of the period following the period during which such Services were performed. Owner agrees to pay Contractor's period invoice upon receipt and to pay Contractor a carrying charge of 1-1/2 percent per month (18 percent per year) or the maximum rate allowed by law, if less, on all amounts remaining unpaid after 30 days following an invoice date. Owner has the right to audit the time records of personnel and charges for direct expenses for assignments for which cost-plus compensation is provided. Costs based on the Contractor' s Scope of Services described in Attachment A are submitted as follows. The proposed compensation varies by task and are summarized as follows. o Some of the tasks will be done on a time and material basis. For these tasks, Contractor has provided an estimate to perform the work indicated or support 12 months of caretaking. o Other tasks are proposed on a cost not-to-exceed basis. The upper limit is provided for these tasks. A contingency has been added to any not-to-exceed costs to cover uncertainty in the scope of final services. The contingency accounts will be used only with the concurrence of the Electric Department regarding the circum- stances, scope, and amount of contingency applied. B-2 REDDING POWER - CARETAKING AND SUPPORT SERVICES • • REVISED ATTACHMENT B Task 1.1 - Caretaker Support Unless otherwise indicated, this portion of the work will be done on a time and material basis. Rates for the personnel involved are as follows. Lead Coordinator $528.00 per day plus expenses Plant Supervisor $242.11 per day Plant Staff-1 $163.20 per day Plant Staff-2 $150.35 per day The actual rates billed may vary depending upon the actual compensation paid. The expected rates are for an eight hour day. Any overtime work will be billed at 1.5 times the daily rates pro rated on an hourly basis. Task 1.1A - Project Inventory The not-to-exceed cost to conduct the inventory and summarize findings is $6,820. This includes a $620 contingency allowance. Any effort to resolve differences are not included. Task 1.1B - Transition to the City's Control The estimated costs for this effort is $10,010. The estimate is based on 15 staff days of effort. Efforts to evaluate and resolve past deficiencies are not included. Task 1.1C - Standby Maintenance Expenses associated with tools and expendables will be invoiced at cost with a 5 percent markup for administrative services and payment offsets. Engineering services, if required, will be performed by Contractor's subcontractor, Black & Veatch. Black & Veatch will bill Contractor on a comparable basis to the compensation provisions between Black & Veatch and the City. Contractor will not add any markup of Black & Veatch costs to Contractors billing to the City. Based on the above considerations and assuming five local hires, Contractor estimates the monthly billings to be $35,000 which includes $25,000 in labor and $10,000 in expenses and materials. The total costs for 12-months of caretaking would be approximately $420,000. The above rates include worker compensation and general liability insurance. The City will provide property and boiler and machinery B-3 REDDING POWER - CARETAKING AND SUPPORT SERVICES REVISED ATTACHMENT B insurance coverages, and Builder's Risk is not required due to the nature of the work. Waivers of subrogation to Contractor and its subcontractors will be provided. The City will provide and pay for all utilities. Task 1.1D - Transition to Others The estimated costs for this effort is $10,010. The estimate is based on 15 staff days of effort. Task 1.2 - Additional Lay-Up Work The engineering services work will be done on a time and material basis. Based on total lay-up costs of $150,000 or less, the not-to-exceed cost will be $16,500 for engineering services. This estimate includes a $1,500 contingency allowance. Task 1.3 - Liquidation Support This work will be done on a time and material basis. Contractor estimates the costs to be $16,500 for this effort. Task 2.1 - Project Permitting Project Permitting will be done on a time and material basis with an upper limit. The upper limit will not be exceeded without prior concurrences from the City. Contractor estimates that the project permitting will require 78 staff days of effort assuming annual increases in NOx emissions remain below threshold increments. If threshold increments are exceeded a new air permit must be obtained. This action would increase the level of effort to 142 staff days. Contractor estimates the project permitting costs to be $65,650. This includes a $5,970 contingency allowance. Contractor further requests a contingency allowance of $48,960 to be used if the current air permit cannot be transferred and a new permit is required. Task 2.2 - Fuel Gas Service Support This work will be done on a time and expense basis. Contractor estimates the cost to be $10,010 for this effort. B-4 REDDING POWER - CARETAKING AND SUPPORT SERVICES REVISED ATTACHMENT B Task 2.3 - Permits to Remove Existing Facilities This work will be done on a time and expense basis. Contractor is unaware of any permits to support liquidating assets. Contractor recommends a contingency allowance of $10,000 be established. Task 2.4 - Project Management Support Project Management Support will be accomplished on a time and expense basis. Contractor estimates the following amounts will be expended to complete the subtasks identified. Task 2.4A - Site Master Plan Contractor estimates that $7,425 will cover this task Task 2.4B - Engineering Services Support Contractor estimates that $50,000 will cover this task. Task 2.4C - Schedule and Cost Control Contractor estimates that $7,425 will cover this task. Task 2.4D - 0&JM Plan Contractor estimates that $11,000 will cover this task. Task 3.1 - IPT Proposal Assessments Contractor estimates that $43,530 will cover this task. B-5 REDDING POWER - CARETAKING AND SUPPORT SERVICES t REVISED ATTACHMENT B In summary, the potential cost for the proposed services is as follows. I. Not-to-Exceed Tasks: Base Amount Contingency Task 1.1A $-6,820 620 Task 1.2 16,500 1,500 Task 2.1 65,650 54,930 Subtotals $89,970 $57,050 Base & Contingency $1473020 II. Time and Material Tasks: Task 1.1B $ 10,010 Task 1.1C 420,000 Task LID 10,010 Task 1.3 16,500 Task 2.2 10,100 Task 2.3 10,000 Task 2.4A 7,425 Task 2.4B 50,000 Task 2.4C 7,425 Task 2.4D 11,000 $552,470 III. IPT Proposal Assessments $ 43,530 IV. Recommended total contract not-to-exceed amount: Not-to-Exceed Task $147,020 Time and Material Task 552,470 IPT Proposal Assessments 43,530 Total $743,020 This price will not be exceeded without prior City authorization. B-6 REDDING POWER - CARETAKING AND SUPPORT SERVICES