HomeMy WebLinkAbout2008-38 Lodi Energy Center Agreement AmendmentRESOLUTION 2008-38
RESOLUTION OF THE UKIAH CITY COUNCIL APPROVING
AMENDMENT NO. 1 TO SECOND PHASE
AGREEMENT FOR FUNDING THE PLANNING AND
DEVELOPMENT ACTIVITIES OF THE LODI ENERGY
CENTER
WHEREAS:
1. The City (is a member of the Northern California Power Agency ("NCPA") and) by way
of City Council Resolution 2008-38 is a Project Participant in the Second Phase Agreement for
Funding the Planning and Development Activities of the Lodi Energy Center (Agreement); and ,
2. On or about March 1, 2008 NCPA had attained 100% Project subscription along with
fully executed Agreements from all Project Participants including City; and
3. The Project Participants met on March 6, 2008 and formed the Project Participant
Committee (PCC) as contemplated in the Agreement and such PPC directed NCPA staff to
commence Phase 2A Project activities; and
4. The acquisition of Project required ERCs have been completed; and
5. On June 30, 2008, the PPC directed the NCPA LEC Project Manager to commence
Phase 2B activities on or about August 1, 2008; and
6. Project related air resources agency and CEC Application for Certification (AFC)
applications were submitted during August and September, 2008, respectively; and
7. The Project Participants are aware that certain critical power equipment, such as the
natural gas and steam turbine components of the power island assembly, require significant
lead times for fabrication and delivery, and thus such equipment must be ordered in a timely
manner which supports LEC's construction and scheduled Commercial Operation Date of
March 2012; and
8. The Project Participants are aware of the recent rapid escalation trends of power
generation construction and equipment costs and consequently desire to control the delivered
cost of certain LEC power island equipment by procuring an option or taking other actions to
secure a known delivered cost for such equipment; and
9. The Parties desire to amend the Phase 26 activities described in the Agreement to
include allowing the PPC to take actions to provide for the timely delivery and cost certainty of
critical power island components through advanced equipment ordering, securing equipment
and/or pricing options, or other method which provides for attaining delivery timing and cost
certainty of critical LEC equipment; and
10. The Parties desire to amend the Phase 2B activities described in the Agreement to
include the leasing of any needed warehouse and administrative facilities located at or
proximate to the proposed Project site in order to provide for timely and adequate staff work
space and secure equipment and materials storage; and
11. The City acknowledges that, in order to fund the expected cost to attain power
island equipment delivery timing and pricing certainty, desires to increase the Phase 2B portion
of the Agreement budget by up to $15 million, for a total Phase 2B budget amount of $24 million
($9 million currently approved plus the proposed added $15 million), and thus resulting in a
revised combined LEC Phase 2A and 26 budget of $40 million ($16 million for Phase 2A plus
the proposed revised Phase 26 amount of $24 million) of which the City will be responsible for
its proportionate share; and
12. The City acknowledges that expenditures /option premiums incurred to attain
greater equipment delivery and pricing certainty may not be refundable, whole or in part, in the
event that the LEC is not ultimately finance or constructed.
13. City received from NCPA its 30 day advance written notice to all Project
Participants by memorandum dated August 22, 2008 of its intent to seek NCPA Commission
approval to execute LEC Amendment No. 1 at NCPA's September 26, 2008 Commission
Meeting; and
14. Amendment No. 1 to the Agreement will provide an opportunity for the Project
Participants including City to explore and implement options to meet key equipment delivery
timing and cost requirements associated with the LEC Project and therefore to help the City
meet capacity and energy power goals, reduce reliance on third party power purchase
agreements and associated fuel price volatilities, and assist the State of California in
meeting its reserve requirements and energy goals, and will reduce costs by economies of
scale, avoiding duplication efforts;
NOW. THEREFORE BE IT RESOLVED. that:
1. The City Council of the City of Ukiah hereby: a) approves Amendment No. 1 to the
Agreement, and b) authorizes and directs the City Manager to sign Amendment No. 1 to the
Agreement.
2. The City Council authorizes additional expenditures of an amount not to exceed $
470,588 (3.137% of $15 million), resulting in combined total approved Agreement related
expenditures for the City of up to $ 1,254,902 (3.137% of $40 million).
PASSED and ADOPTED on December 3, 2008, by the following roll call vote:
AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin and Mayor Crane
NOES: None
ABSENT: None
ABSTAIN: None
AT :.~
Li ro erk
PROVEj.):
Douglass /.(Douglas .Crane, Mayor
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