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Resolution No. 2010-061
RESOLUTION NO. 2010-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND R.W. BECK, INC. FOR ENGINEERING SERVICES REGARDING THE MALBURG GENERATION STATION WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, the Malburg Generation Station is scheduled to conduct the Annual Adjusted Contract Capacity Test in accordance with the provisions of Article VII "Testing" of the Power Purchase Tolling Agreement; and WHEREAS, the City requires the services of an engineer to confirm the accuracy of the results of any Adjusted Contract Capacity Test; and WHEREAS, R.W. Beck, Inc. ("R.W. Beck") is qualified and capable of furnishing the labor, materials and expertise necessary to perform the Work; and WHEREAS, by a memorandum dated May 13, 2010, the Director of Light-& Power has recommended that the City enter into a professional services agreement with R.W. Beck setting forth the terms and conditions under which R.W. beck will perform the Work (the "Agreement"); and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (b)(1) and (7) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into the Agreement with R.W. Beck for engineering services. 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 does hereby find and determine that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Agreement with R.W. Beck in substantially the form attached hereto as Exhibit A and authorizes the City Administrator, or his designee, to make modifications to the Agreement that are requested by the City Attorney and agreed to by R.W. Beck. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send a fully executed Agreement to: R.W. Beck, Inc. Attention: Office Supervisor 1801 California Street, Suite 2800 Denver, CO 80202 -2- SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 24th day of May, 2010. ATTE Name: Hilario Gonzales Title: Mayor /.Mayor r -3- STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2010-61, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, May 24, 2010, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this a�(- day of May, 2010, at Vernon, California. (SEAL) EXHIBIT A PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is dated May 05, 2010, by and between R. W. Beck, Inc. ""Consultant"), with offices at 1801 California Street, Suite 2800, Denver, Colorado 80202 and City of Vernon ("Client"), with offices at 4305 Santa Fe Avenue, Vernon, California 90058. NOW, THEREFORE in consideration of the promises herein and for other good and valuable consideration, the parties agree as follows: L. Scope of Services: Consultant. and Client agree Consultant will perform independent engineering services as described in the Scope of Services attached as Exhibit A in accordance with the schedule set forth therein for the Malburg Generation Station located in Vernon, California. 2. Independent Contractor: Consultant is an independent contractor and is not an employee of Client. Services performed by Consultant under this Agreement are solely for the benefit of Client. Nothing contained in this Agreement creates any duties on the part of Consultant toward any person not a party to this Agreement. 3. Standard of Care: Consultant will perform services under this Agreement with the degree of skill and diligence normally practiced by professional engineers or consultants performing the same or similar services. No other warranty or guarantee, expressed or implied, is made with respect to the services furnished under this Agreement and all implied warranties are disclaimed. 4. Changes/Amendments: This Agreement and its exhibits constitute the entire agreement between the Parties and together with its exhibits supersede any prior written or oral agreements. This Agreement may not be changed except by written amendment signed by both Parties. The estimate of the level of effort, schedule and payment required to complete the. Scope of Services, as Consultant understands it, is reflected herein. Services not expressly set forth in this Agreement or its exhibits are excluded: Consultant shall promptly notify Client if changes to the Scope of Services affect the schedule, level of effort or payment to Consultant and the schedule and payment shall be equitably adjusted. If Consultant is delayed in performing its services due to an event beyond its control, including but not limited to fire, flood, earthquake, explosion, strike, transportation or equipment delays, act of war, or act of God, then the schedule or payment under the Agreement shall be equitably adjusted, if necessary, to compensate Consultant for any additional costs due to the delay. 000000/1-VERNON TESTING PSA An SAIL Company Page 1 PROFESSIONAL SERVICES AGREEMENT Between R. W. Beck and City of Vernon for the Malburg Generation Station 5. Fee for Services: The fee for the services under this Agreement will be based on the actual hours of services furnished multiplied by Consultant's Billing Rates as of the date of its monthly invoice plus all reasonable expenses directly related to the services furnished under this Agreement. Client and Consultant acknowledge that the Scope of Services for this Agreement cannot be accurately defined and on this basis, the approximate amount to be paid by Client for services and expenses hereunder is estimated to be U.S. $18,250 not including expenses. 6. Payment: Client shall pay Consultant for services furnished under this Agreement upon submission of monthly invoices in an amount equal to actual hours of services furnished multiplied by the Billing Rates attached as Exhibit B. Additionally, Client shall reimburse Consultant monthly for reasonable expenses at cost and at cost plus 10% for the services of any Subconsultant. Client shall pay Consultant in U.S. dollars within thirty (30) days of receipt of invoices less any disputed amounts. If Client disputes any portion of the invoice, the undisputed portion will be paid and Consultant will be notified in writing, within ten (10) days of receipt of the invoice of the exceptions taken. Consultant and Client will attempt to resolve the payment dispute within sixty (60) days or the matter may be submitted to arbitration as provided below. Additional charges for interest shall become due and payable at a rate of one and one-half percent (1-1/2%) per month (or the maximum percentage allowed by law, whichever is lower) on the unpaid, undisputed invoiced amounts.. Any interest charges due from Client on past due invoices are outside any amounts otherwise due under this Agreement. If Client fails to pay undisputed invoiced amounts within sixty (60) days after delivery of invoice, Consultant, at its sole discretion, may suspend services hereunder or may initiate collections proceedings, including mandatory binding arbitration, without incurring any liability or waiving any right established hereunder or by law. 7. Indemnity: To the extent permitted by law, Consultant agrees to indemnify, defend and hold harmless Client and its directors, officers, shareholders and employees from and against any liability (including without limitation, reasonable costs and attorneys' fees) incurred by Client to the extent caused by Consultant's negligent acts, errors or omissions, including judgments in favor of any third party. To the extent permitted by law, Client agrees to indemnify, defend and hold harmless Consultant and its directors, officers, shareholders, employees and subconsultants from and against any liability (including, without limitation, reasonable costs and attorney's fees) incurred by Consultant to the extent caused by Client's negligent acts, errors or omissions, including judgments in favor of any third party., 000000/1-VERNON TESTING PSA May 5, 2010 Page 2 PROFESSIONAL SERVICES AGREEMENT Between R. W. Beck and City of Vernon for the Malburg Generation Station Each party (the "First Party") specifically and expressly waives its immunity under applicable worker's compensation and industrial insurance laws regarding liability against the other party (the "Second Party") for actions brought by any of the First Parry's employees against the Second Party, to the extent the liability is caused by the First Party's negligent acts, errors or omissions. 8. Reperformance of Services: If Client believes any of the services provided under this Agreement do not comply with the terms of this Agreement, Client shall promptly notify Consultant to permit Consultant an opportunity to investigate. If the services do not meet the applicable standard of care, it will promptly reperform the services at no additional cost to Client, including assisting Client in selecting remedial actions. If Client fails to provide Consultant with prompt notice of non-compliance and an opportunity to investigate and reperform its services, Consultant's total obligation to Client will be limited to the costs Consultant would have incurred to reperform the services. 9. Section Intentionally Left Blank. 10. Insurance: Consultant shall maintain insurance with the following required coverages and limits and upon request, will provide a Memorandum of Insurance to Client: Worker's Compensation Statutory Employer's Liability U.S. $1,000,000 Commercial General Liability U.S. $1,000,000 per occurrence U.S. $1,000,000 aggregate Commercial Auto Liability U.S. $1,000,000 combined single limit Professional Liability U.S. $1,000,000 per claim and in the aggregate I L Work Product: Client shall have the unrestricted right to use the documents, analyses and other data prepared by Consultant under this Agreement ("Work Products"); provided, however Client shall not rely on or use the Work Products for any purpose other than the purposes under this Agreement and the Work Products shall not be changed without the prior written approval of Consultant. If Client releases the Work Products to a third party without Consultant's prior written consent, or changes or uses the Work Products other than as intended hereunder, (a) Client does so at its sole risk and discretion, (b) Consultant shall not be liable for any claims or damages resulting from the change or use or connected with the release or any third party's use of the Work Products and (c) Client shall indemnify, defend and hold Consultant harmless from any and all claims or damages related to the release, change or third party use. uuuuuw i-vtnrvvN i tb i iNU VbA May 5, 2010 Page 3 PROFESSIONAL SERVICES AGREEMENT Between R. W. Beck and City of Vernon for the Malburg Generation Station 12. Limitation of Liability: No employee of Consultant shall have individual liability to Client. To the extent permitted by law, the total aggregate liability of Consultant, its officers, directors, shareholders, employees and subconsultants for any and all claims arising out of this Agreement, including attorneys' fees, and whether caused by negligence; errors, omissions, strict liability, breach of contract or contribution, or indemnity claims based on third party claims, shall not exceed the revenue received by Consultant' under this Agreement or one hundred fifty thousand dollars (U.S. $150,000.00), whichever is greater. 13. No Consequential Damages: In no event and under no circumstances shall Consultant be liable to Client for any principal, interest, loss of anticipated revenues, earnings, profits, increased expense of operation or construction, loss by reason of shutdown or non -operation due to late completion or otherwise or for any other economic, consequential, indirect or special damages. 14. Information Provided by Others: Client shall provide to Consultant in a timely manner any information Consultant indicates is needed to perform the services hereunder. Consultant may rely on the accuracy of information provided by Client and its representatives. 15. Opinions of Cost: Consultant does not control the cost of labor; materials, equipment or services furnished by others, nor does it control pricing factors used by others to accommodate inflation, competitive bidding or market conditions. Consultant estimates of operation expenses or construction costs represent its best judgment as an experienced and qualified professional and are not a guarantee of cost. This section does not apply to the cost of Consultant performing the Scope of Services. 16. Safety and Security: Consultant has established and maintains programs and procedures for the safety of its employees. Unless specifically included as a service to be provided under this Agreement, Consultant specifically disclaims any authority or responsibility for job site safety and safety of persons other than Consultant's employees. Consultant shall not provide any such services and disclaims any responsibility under this Agreement related to site security or the assessment, evaluation, review, testing, maintenance, operation or safety practices or procedures related to security. 17. Level of Authority: Consultant provides its services, comments, opinions and recommendations solely as a consultant to Client. The parties acknowledge that primary responsibility for operation of the Project remains with the Operator. Employees of Consultant will not: a. Perform any of the responsibilities of Client Operator or Owner. b. Expedite work for Client Operator or Owner unless Client requests Consultant to do so and reimburses Consultant costs for expediting functions. c. Advise Client, Operator, or Owner on safety precautions, procedures or programs. UU Wl1-VERNON TESTING PSA May 5, 2010 Page 4 PROFESSIONAL SERVICES AGREEMENT Between R. W. Beck and City of Vernon for the Malburg Generation Station 18. Termination: Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. Client shall pay Consultant for all services rendered to the date of termination plus reasonable expenses for winding down the services. If either party defaults in its obligations hereunder, the non -defaulting party, after giving seven (7) days written notice of its intention to terminate or suspend performance under this Agreement, may, if cure of the default is not commenced and diligently continued, terminate this Agreement or suspend performance under this Agreement. 19. Dispute Resolution: Consultant and Client shall attempt to resolve conflicts or disputes under this Agreement in a fair and reasonable manner and agree that if resolution cannot be made to attempt to mediate the conflict by a professional mediator (except for payment disputes which may be submitted directly to arbitration). If mediation does not settle any dispute or action which arises under this Agreement or which relates in any way to this Agreement or the subject matter of this Agreement within ninety (90) days after either requests mediation, the dispute or conflict shall be subject to arbitration in English under the Construction Industry Arbitration Rules as promulgated by the American Arbitration Association and arbitrability shall be subject to the Federal Arbitration Act. 20. Section Intentionally Left Blank. 21. Litigation Expenses: Client will be responsible for payment of all expenses and costs associated with Consultant's compliance with a subpoena or Client request to produce documents, data or testimony relating to any proceeding relating to any information pertaining to Client's project or to the work Consultant performed for Client, excluding any litigation or proceeding between Client and Consultant. These costs will include hourly charges for persons involved in responding to a subpoena or Client request, travel and reproduction expenses, advice and participation of counsel in responding to a subpoena and other request and other reasonable expenses. Consultant will endeavor to confer with Client prior to responding to any subpoena or request covered by this paragraph. 22. Non Exclusivity of Services: Consultant may perform for other clients similar or identical services to those services contemplated under this Agreement, subject to applicable confidentiality and ethical obligations of Consultant. In the event Client desires any level of exclusivity or other limitations on Consultant's services to its other clients, Client and Consultant shall confer regarding the scope of requested exclusivity or other limitations and the additional compensation to be paid to Consultant for the requested exclusivity or other limitations on providing services to other clients. Any agreed exclusivity or other limitations on providing similar or identical services shall be confirmed in writing signed by both parties and shall expressly state such provision shall supersede this Section 22. No fiduciary or agency obligations shall be created as a result of any exclusivity obligations or other limitations on Consultant's services to other clients. vMryvry i is i INU r5A May 5, 2010 Page 5 PROFESSIONAL SERVICES AGREEMENT Between R' W. Beck and City of Vernon for the Malburg Generation Station 23. Miscellaneous: This Agreement is binding upon and will inure to the benefit of Client and Consultant and their respective successors and assigns. Neither party may assign its rights or obligations hereunder without the prior written consent of the other party. a. Any notice required or permitted by this Agreement to be given shall be deemed to have been duly given if in writing and delivered personally or five (5) days after mailing by first-class, registered, or certified mail, return receipt requested, postage prepaid and addressed as follows: Client: City of Vernon Attention: Donal O'Callaghan, Director Address: 4305 Santa Fe Ave., Vernon, CA 90058 Consultant: R. W: Beck, Inc. Attention: Office Supervisor Address- 1801 California Street, Suite 2800 Denver, CO 80202 With a copy to: Legal Department (which will not be considered notice) 1001 Fourth Avenue, Suite 2500 Seattle, WA 98154-1004 b. Client expressly agrees that all provisions of the Agreement, including the clause limiting the liability of Consultant, were mutually negotiated and that but for the inclusion of the limitation of liability clause in the Agreement, Consultant's compensation for services would otherwise be greater and/or Consultant would not have entered into the Agreement. c. If any provision of this Agreement is invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect and the provision declared invalid or unenforceable shall continue as to other circumstances. d. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington. e. In any action to enforce or interpret this Agreement, the prevailing parry shall be entitled to recover, as part of its judgment, reasonable attorneys' fees and costs from the other party. f. This Agreement shall not be construed against Consultant only on the basis that Consultant drafted the Agreement. uuuuuuri-vtKNUN I tb I INU NSA May 5, 2010 Page 6 PROFESSIONAL SERVICES AGREEMENT Between R. W. Beck and City of Vernon for the Malburq Generation Station g. Notwithstanding any statute to the contrary, the Parties agree that any action to enforce or interpret this Agreement shall be initiated within two (2) years from the time the party knew or should have known of the fact giving rise to its action, and shall not in any case be initiated later than six (6) years after Consultant completes its Scope of Services under this Agreement. h. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original instrument, but all of which taken together shall constitute one instrument. IN WITNESS WHEREOF, the Parties have signed this Agreement the date first written above. CITY OF VERNON Signature Name Title R. W. BECK, INC. Signature Name Title ATTEST WILLARD G. YAMAGUCHI, City Clerk APPROVED AS TO FORM: LAURENCE S. WIENER, City Attorney 00000011-VERNON TESTING PSA May 5, 2010 Page 7 EXHIBIT A EXHIBIT A To Agreement Between R. W. Beck, Inc. and City of Vernon Scope of Services and Schedule for the Malburg Generation Station Test Witnessing (Phase III Services) The role of R. W. Beck, Inc. (the "Independent Engineer") during the annual performance test of the Malburg Generating Station (the "Project") is to provide verification of work performed by others and to report to the City of Vernon (the "Client"). The Independent Engineer will perform the following tasks during the annual performance testing of the Project. The Independent Engineer shall focus on the test conducted to verify the testing of the 2xl plant configuration with the evaporative coolers on, duct burners off, and the auxiliary loads as defined in the original Siemens test. Task 1: Review Performance Testing Procedure The Independent Engineer will review and comment on detailed test procedure developed by others. The budget assumes the review of one draft version of the Project test procedure and confirmation that the comments are incorporated into the draft. Review of additional drafts will be additional services. Task 2: Witness Performance Tests The Independent Engineer will witness the Project's performance test. It is assumed that testing will be accomplished in one day. Additional days on -site will be additional services. Task 3: Review a Performance Test Report The Independent Engineer will review and comment on the annual performance test report. The budget assumes the review of one draft version of the Project test report and confirmation that the comments are incorporated into test report. Review of additional drafts will be additional services. Task 4: Submit Letter Report(s) to Client The Independent Engineer will prepare a letter report summarizing the results of the performance test specified by the Client, comment on the accuracy of the test report and identify any discrepancies or errors noted. Services Furnished by Client The Client will assist the Independent Engineer in obtaining the following, as applicable: ■ Identification of and access to project participants' representatives. 000000/1-VERNON TESTING PSA An SAIC Company Page 1 EXHIBIT A To Agreement Between R. W. Beck, Inc. and City of Vernon Scope of Services and Schedule for the Malburg Generation Station V Copies of engineering information relating to the Project. ■ Copies of contract documents to be reviewed. ■ .Copies of permit applications, permits, correspondence and other documentation relating to any necessary environmental permits or licenses for the Project. ■ Identification of and access to representatives of any public agency having jurisdiction over any necessary environmental permits or licenses for the Project. Schedule To be mutually agreed. 000000/1-VERNON TESTING PSA Page 2 June 3, 2010 R.W. Beck, Inc. Attn: Office Supervisor 1801 California Street, Suite 2800 Denver, CO 80202 Re: Services Agreement To Whom It May Concern: The insurance requirements have been met. Transmitted herewith is a copy of the fully executed agreement as referenced above, approved by City Council on May 24, 2-010, through Resolution,No. 2010-61. If you have any questions regarding this matter, please call Mr. Donal O'Callaghan, at (323) 583-8811 ext. 834. Ver truly yours, WI LARD G . City ClerkrGUC WY: dj Enclosure c: Donal O'Callaghan Purchasing Department Resolution Nos. 2010-61 Agreement Nos. 10-030 Excfusivefy Industriaf PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is dated May 26, 2010, by and between R. W. Beck, Inc. ""Consultant"), with offices at 1801 California Street, Suite 2800, Denver, Colorado 80202 and City of Vernon ("Client"), with offices at 4305 Santa Fe Avenue, Vernon, California 90058. NOW, THEREFORE in consideration of the promises herein and for other good and valuable consideration, the parties agree as follows: 1. Scope of Services: Consultant and Client agree Consultant will perform independent engineering services as described in the Scope of Services attached as Exhibit A in accordance with the schedule set forth therein for the Malburg Generation Station located in Vernon, California. 2. Independent Contractor: Consultant is an independent contractor and is not an employee of Client. Services performed by Consultant under this Agreement are solely for the benefit of Client. Nothing contained in this Agreement creates any duties on the part of Consultant toward any person not a party to this Agreement. 3. Standard of Care: Consultant will perform services under this Agreement with the degree of skill and diligence normally practiced by professional engineers or consultants performing the same or similar services. No other warranty or guarantee, expressed or implied, is made with respect to the services furnished under this Agreement and all implied warranties are disclaimed. 4. Changes/Amendments: This Agreement and its exhibits constitute the entire agreement between the Parties and together with its exhibits supersede any prior written or oral agreements. This Agreement may not be changed except by written amendment signed by both Parties. The estimate of the level of effort, schedule and payment required to complete the Scope of Services, as Consultant understands it, is reflected herein. Services not expressly set forth in this Agreement or its exhibits are excluded. Consultant shall promptly notify Client if changes to the Scope of Services affect the schedule, level of effort or payment to Consultant and the schedule and payment shall be equitably adjusted. If Consultant is delayed in performing its services due to an event beyond its control, including but not limited to fire, flood, earthquake, explosion, strike, transportation or equipment delays, act of war, or act of God, then the schedule or payment under the Agreement shall be equitably adjusted, if necessary, to compensate Consultant for any additional costs. due to the delay. An SAIC Company 000000/2-CITY OF VERNON TESTING PSA.DOC Page 1 PROFESSIONAL SERVICES AGREEMENT Between R. W. Beck and City of Vernon for the Malburq Generation Station 5. Fee for Services: The fee for the services under this Agreement will be based on the actual hours of services furnished multiplied by Consultant's Billing Rates as of the date of its monthly invoice plus all reasonable expenses directly related to the services furnished under this Agreement. Client and Consultant acknowledge that the Scope of Services for this Agreement cannot be accurately defined and on this basis, the approximate amount to be paid by Client for services and expenses hereunder is estimated to be U.S. $18,500 not including expenses. The fee for the services under this Agreement will not exceed a maximum of Twenty -Five Thousand Dollars ($25,000), on the basis of the Scope of Services outlined in this Agreement, without obtaining the prior written authorization of Client. Consultant shall not be required to furnish services or incur expenses above the maximum amount without written authorization and additional funding from the Client. 6. Payment: Client shall pay Consultant for services furnished under this Agreement upon submission of monthly invoices in an amount equal to actual hours of services furnished multiplied by the Billing Rates attached as Exhibit B. Additionally, Client shall reimburse Consultant monthly for reasonable expenses at cost and at cost plus 10% for the services of any Subconsultant. Client shall pay Consultant in U.S. dollars within thirty (30) days of receipt of invoices less any disputed amounts. If Client disputes any portion of the invoice, the undisputed portion will be paid and Consultant will be notified in writing, within ten (10) days of receipt of the invoice of the exceptions taken. Consultant and Client will attempt to resolve the payment dispute within sixty (60) days or the matter may be submitted to arbitration as provided below. Additional charges for interest shall become due and payable at a rate of one and one-half percent (1-1/2%) per month (or the maximum percentage allowed by law, whichever is lower) on the unpaid, undisputed invoiced amounts. Any interest charges due from Client on past due invoices are outside any amounts otherwise due under this Agreement. If Client fails to pay undisputed invoiced amounts within sixty (60) days after delivery of invoice, Consultant, at its sole discretion, may suspend services hereunder or may initiate collections proceedings, including mandatory binding arbitration, without incurring any liability or waiving any right established hereunder or by law. 7. Indemnity: To the extent permitted by law, Consultant agrees to indemnify, defend and hold harmless Client and its directors, officers, shareholders and employees from and against any liability (including without limitation, reasonable costs and attorneys' fees) incurred by Client to the extent caused by Consultant's negligent acts, errors or omissions, including judgments in favor of any third party. To the extent permitted by law, Client agrees to indemnify, defend and hold harmless Consultant and its directors, officers, shareholders, employees and subconsultants from and against any liability (including, without limitation, reasonable costs and attorney's fees) incurred by Consultant to the extent caused by Client's negligent acts, errors or omissions, including judgments in favor of any third party. 000000/2-CITY OF VERNON TESTING PSA.DOC May 26, 2010 Page 2 PROFESSIONAL SERVICES AGREEMENT Between R. W. Beck and City of Vernon for the Malburg Generation Station 8. Reperformance of Services: If Client believes any of the services provided under this Agreement do not comply with the terms of this Agreement, Client shall promptly notify Consultant to permit Consultant an opportunity to investigate. If the services do not meet the applicable standard of care, it will promptly reperform the services at no additional cost to Client, including assisting Client in selecting remedial actions. If Client fails to provide Consultant with prompt notice of non-compliance and an opportunity to investigate and reperform its services, Consultant's total obligation to Client will be limited to the costs Consultant would have incurred to reperform the services. 9. Section Intentionally Left Blank. 10. Insurance: Consultant shall maintain insurance with the following required coverages and limits and upon request, will provide a Memorandum of Insurance to Client: Worker's Compensation Statutory Employer's Liability U.S. $1,000,000 Commercial General Liability U.S. $1,000,000 per occurrence U.S. $1,000,000 aggregate Commercial Auto Liability U.S. $1,000,000 combined single limit Professional Liability U.S. $1,000,000 per claim and in the aggregate 11. Work Product: Client shall have the unrestricted right to use the documents, analyses and other data prepared by Consultant under this Agreement ("Work Products"); provided, however Client shall not rely on or use the Work Products for any purpose other than the purposes under this Agreement and the Work Products shall not be changed without the prior written approval of Consultant. If Client releases the Work Products to a third party without Consultant's prior written consent, or changes or uses the Work Products other than as intended hereunder, (a) Client does so at its sole risk and discretion, (b) Consultant shall not be liable for any claims or damages resulting from the change or use or connected with the release or any third party's use of the Work Products and (c) Client shall indemnify, defend and hold Consultant harmless from any and all claims or damages related to the release, change or third party use. 12. Limitation of Liability: No employee of Consultant shall have individual liability to Client. To the extent permitted by law, the total aggregate liability of Consultant, its officers, directors, shareholders, employees and subconsultants for any and all claims arising out of this Agreement, including attorneys' fees, and whether caused by negligence, errors, omissions, strict liability, breach of contract or contribution, or indemnity claims based on third party claims, shall not exceed the revenue received by Consultant under this Agreement or one hundred fifty thousand dollars (U.S. $150,000.00), whichever is greater. 000000/2-CITY OF VERNON TESTING PSA.DOC May 26, 2010 Page 3 PROFESSIONAL SERVICES AGREEMENT Between R. W. Beck and City of Vernon for the Malbura Generation Station 13. No Consequential Damages: In no event and under no circumstances shall Consultant be liable to Client for any principal, interest, loss of anticipated revenues, earnings, profits, increased expense of operation or construction, loss by reason of shutdown or non -operation due to late completion or otherwise or for any other economic, consequential, indirect or special damages. 14. Information Provided by Others: Client shall provide to Consultant in a timely manner any information Consultant indicates is needed to perform the services hereunder. Consultant may rely on the accuracy of information provided by Client and its representatives. 15. Opinions of Cost: Consultant does not control the cost of labor, materials, equipment or services furnished by others, nor does it control pricing factors used by others to accommodate inflation, competitive bidding or market conditions. Consultant estimates of operation expenses or construction costs represent its best judgment as an experienced and qualified professional and are not a guarantee of cost. This section does not apply to the cost of Consultant performing the Scope of Services. 16. Safety and Security: Consultant has established and maintains programs and procedures for the safety of its employees. Unless specifically included as a service to be provided under this Agreement, Consultant specifically disclaims any authority or responsibility for job site safety and safety of persons other than Consultant's employees. Consultant shall not provide any such services and disclaims any responsibility under this Agreement related to site security or the assessment, evaluation, review, testing, maintenance, operation or safety practices or procedures related to security. 17. Level of Authority: Consultant provides its services, comments, opinions and recommendations solely as a consultant to Client. The parties acknowledge that primary responsibility for operation of the Project remains with the Operator. Employees of Consultant will not: a. Perform any of the responsibilities of Client Operator or Owner. b. Expedite work for Client Operator or Owner unless Client requests Consultant to do so and reimburses Consultant costs for expediting functions. c. Advise Client, Operator, or Owner on safety precautions, procedures or programs. 18. Termination: Either party may terminate this Agreement upon thirty (30) days prior written notice to the other parry. Client shall pay Consultant for all services rendered to the date of termination plus reasonable expenses for winding down the services. If either party defaults in its obligations hereunder, the non -defaulting party, after giving seven (7) days written notice of its intention to terminate or suspend performance under this Agreement, may, if cure of the default is not commenced and diligently continued, terminate this Agreement or suspend performance under this Agreement. 19. Dispute Resolution: Consultant and Client shall attempt to resolve conflicts or disputes 000000/2-CITY OF VERNON TESTING PSA.DOC May 26, 2010 Page 4 PROFESSIONAL SERVICES AGREEMENT Between R. W. Beck and City of Vernon for the Malbura Generation Station under this Agreement in a fair and reasonable manner and agree that if resolution cannot be made to attempt to mediate the conflict by a professional mediator (except for payment disputes which may be submitted directly to arbitration). If mediation does not settle any dispute or action which arises under this Agreement or which relates in any way to this Agreement or the subject matter of this Agreement within ninety (90) days after either requests mediation, the dispute or conflict shall be subject to arbitration in English under the Construction Industry Arbitration Rules as promulgated by the American Arbitration Association and arbitrability shall be subject to the Federal Arbitration Act. 20. Section Intentionally Left Blank. 21. Litigation Expenses: Client will be responsible for payment of all expenses and costs associated with Consultant's compliance with a subpoena or Client request to produce documents, data or testimony relating to any proceeding relating to any information pertaining to Client's project or to the work Consultant performed for Client, excluding any litigation or proceeding between Client and Consultant. These costs will include hourly charges for persons involved in responding to a subpoena or Client request, travel and reproduction expenses, advice and participation of counsel in responding to a subpoena and other request and other reasonable expenses. Consultant will endeavor to confer with Client prior to responding to any subpoena or request covered by this paragraph. 22. Non Exclusivity of Services: Consultant may perform for other clients similar or identical services to those services contemplated under this Agreement, subject to applicable confidentiality and ethical obligations of Consultant. In the event Client desires any level of exclusivity or other limitations on Consultant's services to its other clients, Client and Consultant shall confer regarding the scope of requested exclusivity or other limitations and the additional compensation to be paid to Consultant for the requested exclusivity or other limitations on providing services to other clients. Any agreed exclusivity or other limitations on providing similar or identical services shall be confirmed in writing signed by both parties and shall expressly state such provision shall supersede this Section 22. No fiduciary or agency obligations shall be created as a result of any exclusivity obligations or other limitations on Consultant's services to other clients. 23. Miscellaneous: This Agreement is binding upon and will inure to the benefit of Client and Consultant and their respective successors and assigns. Neither party may assign its rights or obligations hereunder without the prior written consent of the other party. a. Any notice required or permitted by this Agreement to be given shall be deemed to have been duly given if in writing and delivered personally or five (5) days after mailing by first-class, registered, or certified mail, return receipt requested, postage prepaid and addressed as follows: 000000/2-CITY OF VERNON TESTING PSA.DOC May 26, 2010 Page 5 PROFESSIONAL SERVICES AGREEMENT Between R. W. Beck and City of Vernon for the Malburg Generation Station Client: City of Vernon Attention: Donal O'Callaghan, Director Address: 4305 Santa Fe Ave., Vernon, CA 90058 Consultant: R. W. Beck, Inc. Attention: Office Supervisor Address: 1801 California Street, Suite 2800 Denver, CO 80202 With a copy to: Legal Department (which will not be considered notice) 1001 Fourth Avenue, Suite 2500 Seattle, WA 98154-1004 b. Client expressly agrees that all provisions of the Agreement, including the clause limiting the liability of Consultant, were mutually negotiated and that but for the inclusion of the limitation of liability clause in the Agreement, Consultant's compensation for services would otherwise be greater and/or Consultant would not have entered into the Agreement. c. If any provision of this Agreement is invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect and the provision declared invalid or unenforceable shall continue as to other circumstances. d. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. e. In any action to enforce or interpret this Agreement, the prevailing party shall be entitled to recover, as part of its judgment, reasonable attorneys' fees and costs from the other party. f. This Agreement shall not be construed against Consultant only on the basis that Consultant drafted the Agreement. g. Notwithstanding any statute to the contrary, the Parties agree that any action to enforce or interpret this Agreement shall be initiated within two (2) years from the time the party knew or should have known of the fact giving rise to its action, and shall not in any case be initiated later than six (6) years after Consultant completes its Scope of Services under this Agreement. h. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original instrument, but all of which taken together shall constitute one instrument. 000000/2-CITY OF VERNON TESTING PSA.DOC May 26, 2010 Page 6 PROFESSIONAL SERVICES AGREEMENT Between R. W. Beck and City of Vernon for the Malbura Generation Station IN WITNESS WHEREOF, the Parties have signed this Agreement the date first written above. CITY OF VERNON Signature ` 4 yz,�/ A ST :_ Name Title R. W. BECK, IN C. on A4.— Signature Name Vincent D. Hahn Title Senior Vice President Attachments: Exhibit A — Scope of Services and Schedule Exhibit B — Fees and Billing Rates Willard G. City Clerk APPR D TO FORM: L rence S. Wiener, City Attorney 000000/2-CITY OF VERNON TESTING PSA.DOC May 26, 2010 Page 7 EXHIBIT A EXHIBIT A To Agreement Between R. W. Beck, Inc. and City of Vernon Scope of Services and Schedule for the Malburg Generation Station Test Witnessing (Phase III Services) The role ofR. W. Beck, Inca (the "Independent Engineer") during the annual performance test of the Malburg Generating Station (the "Project") is to provide verification of work performed by others and to report to the City of Vernon (the "Client"). The Independent Engineer will perform the following tasks during the annual performance testing of the Project. The Independent Engineer shall focus on the test conducted to verify the testing of the 2xl plant configuration with the evaporative coolers on, duct burners off, and the auxiliary loads as defined in the original Siemens test. Task 1: Review Performance Testing Procedure The Independent Engineer will review and comment on detailed test procedure developed by others. The budget assumes the review of one draft version of the Project test procedure and confirmation that the comments are incorporated into the draft. Review of additional drafts will be additional services. Task 2: Witness Performance Tests The Independent Engineer will witness the Project's performance test. It is assumed that testing will be accomplished in one day. Additional days on -site will be additional services. Task 3: Review a Performance Test Report The Independent Engineer will review and comment on the annual performance test report. The budget assumes the review of one draft version of the Project test report and confirmation that the comments are incorporated into test report. Review of additional drafts will be additional services. Task 4 Submit Letter Report(s) to Client The Independent Engineer will prepare a letter report summarizing the results of the performance test specified by the Client, comment on the accuracy of the test report and identify any discrepancies or errors noted. Services Furnished by Client The Client will assist the Independent Engineer in obtaining the following, as applicable ■ Identification of and access to project participants' representatives, An SAID Company 000000/2-CITY OF VERNON TESTING PSA.DOC Page 1 EXHIBIT To Agreement Between R. W. Beck, Inc. and City of Vernon Scope of Services and Schedule for the Malburq Generation Station ■ Copies of engineering information relating to the Project. ■ Copies of contract documents to be reviewed. ■ Copies of permit applications, permits, correspondence and other documentation relating to any necessary environmental permits or licenses for the Project. ■ Identification of and access to representatives of any public agency having jurisdiction over any necessary environmental permits or licenses for the Project. ` Schedule The test report is due within two to four weeks after the test, which is scheduled for May 28, 2010, and is received by City from CEM after its review. City will forward as usual to R. W. Beck after receipt from CEM. City usually discusses and R. W. Beck will address questions through City and then provide a summary letter report. 000000/2-CITY OF VERNON TESTING PSA.DOC May 26, 2010 Page 2 EXHIBIT B EXHIBIT B To Agreement Between R. W. Beck, Inc. and City of Vernon Fees and Billing Rates for the Malburg Generation Station Billing Class Hourly Rate (US$) Typical Project Roles 1 20.00 2 35.00 3 49.00 Clerical, Administration, Junior Engineers and Technicians 4 63.00 5 78.00 6 92.00 7 107.00 8 121.00 Staff Engineers, Consultants 9 135.00 and Technicians 10 150.00 11 164.00 12 178.00 Senior Engineers, Consultants and Technicians, and 13 193.00 Project Managers 14 207.00 15 221.00 16 236.00 Executive Engineers and Consultants, Senior Project 17 250.00 Managers, and Principals 18 264.00 19 279.00 20 293.00 21 308.00 22 322.00 23 336.00 24 351.00 Executive Engineers and Consultants, Senior Project 25 365.00 Managers, and Senior Principals 26 379.00 27 394.00 28 408.00 29 422.00 30 437.00 31 451.00 'Salaries of personnel are subject to change in accordance with Beck's annual salary adjustment program. 1 An SAIC Company 000000/2-CITY OF VERNON TESTING PSA.DOC Page 1 Page 1 of 1 Muro, Evangelina From: Muro, Evangelina Sent: Thursday, June 03, 2010 3:53 PM To: Valdez, Javier Cc: Juarez, Debbie; Yamaguchi, Willard Subject: R.W. Beck Agreement Attachments: R.W. Beck executed agreement.pdf Javier, Per your request attached is a PDF copy of the signed agreement. Please note the original will be mailed to R.W. Beck on Monday. Thank you. Eva Muro City Attorney Dept., City of Vernon 4305 Santo Fe Avenue Vernon, CA 90058 Work: (323) 583-8811 x 273 Fax: (323) 826-1438 6/3/2010 RECEIVED MAY 1 7 2010 STAFF REPORT CITY CLERK'S OFFICE Light & Power Department DATE: May 13, 2010 Z TO: Honorable Mayor and City Council FROM: Donal O'Callaghan, Director of Light & Power RE: R.W. Beck Witness Test and Review Annual PPTA Results The Malburg Generation Station is schedule to conduct the annual performance test to determine the capacity and heat rate and the permitted emission limits. R.W. Beck will be the third party to oversee the PPTA testing and analysis results conducted by McHale Performance and to ensure the findings are correct. R.W. Beck is to provide verification of work performed and to report to the City of Vernon giving the City the right to execute the third party option rights. Recommendation: am recommending the City Council approve R.W. Beck as the third party to oversee the PPTA testing performed by McHale Performance to review performance testing procedures, witness performance tests, review a performance test report and submit a letter report summarizing the results of the performance test. Staff is recommending this matter be addressed and approved at the next regularly scheduled meeting on May 24, 2010. Fiscal Impact: It is anticipated the approximate amount to be paid for services and expenses is $18,250.00 DOC:jv c: Document Control Project Control MAY 1 3 Z010 B'i'�__ � am INTEROFFICE MEMORANDUM Light & Power Department DATE: May 20, 2010 TO: Donal O'Callaghan MAY 1 0 2010 ��(� �. Director of Light and Power BY; 10AA�� FROM: Javier Valdez Senior Business & Accounts SUBJECT: RW Beck Witness Test and Review Annual PPTA Results The city has the right to hire an engineering firm to oversee the test and review the results. It is not mandatory. Below is an excerpt of the section 7.2 from the PPTA pertaining to the third party engineer and City's right to review for the PPTA test. Section 7.2 Adjusted Contract Capacity Test. On an annual basis during the Service Term, Seller shall schedule and complete a test of the Facility's Capacity in order to determine whether the Facility is operating at Reference Conditions in accordance with PTC 46 and the schedule set forth on Appendix B and to determine the Measured HR ("Adjusted Contract Capacity Test"). Such annual Adjusted Contract Capacity Test shall be conducted at Seller's expense. In addition to the annual Adjusted Contract Capacity Test, each Party, at its expense, shall have the right to request one (1) additional Adjusted Contract Capacity Test per year at a time to be reasonably agreed upon by the Parties. Each Party shall be entitled, at their own expense, to hire an independent engineer mutually agreed upon by the Parties to witness and oversee any Adjusted Contract Capacity Test to confirm the accuracy of the results. For purposes of this Section 7.2, it shall not be unreasonable for Buyer to withhold its consent to any testing from June 1 through October 31 in any given year, unless otherwise required by a Governmental Authority. The test is performed by McHale a highly competent testing company who have performed every performance test on the MGS since it was built. The procedure that is being used is the same procedure that was used for the last test for the Non Duct fired case in March 2009. The test results will be assembled by McHale in a test report using the same format as all previous test reports. The City will compare the test results for output and heat rate and compare to the degradation curves in the PPTA in accordance with the procedure finalized in the Settlement Agreement. Peter Hervish will perform the verification for the City after the new test results are received. RW Beck does not do this as a part of their deliverable. We can certainly do this without RW Beck, but the sole purpose for asking RW beck to submit a proposal to the City is to give the City the right to execute the third party option rights. Peter Hervish will be attending during the test and perform its own analysis of the final test results from the McHale report for and behalf of the City. MAY 1 3 2010 sir to"I5 PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is dated May 05, 2010, by and between R. W. Beck, Inc. ""Consultant"), with offices at 1801 California Street, Suite 2800, Denver, Colorado 80202 and City of Vernon ("Client' ), with offices at 4305 Santa Fe Avenue, Vernon, California 90058. NOW, THEREFORE in consideration of the promises herein and for other good and valuable consideration, the parties agree as follows: L Scope of Services: Consultant and Client agree Consultant will perform independent engineering services as described in the Scope of Services attached as Exhibit A in accordance with the schedule set forth therein for the Malburg Generation Station located in Vernon, California. 2. Independent Contractor: Consultant is an independent contractor and is not an employee of Client. Services performed by Consultant under this Agreement are solely for the benefit of Client. Nothing contained in this Agreement creates any duties on the part of Consultant toward any person not a party to this Agreement. 3. Standard of Care: Consultant will perform services under this Agreement with the degree of skill and diligence normally practiced by professional engineers or consultants performing the same or similar services. No other warranty or guarantee, expressed or implied, is made with respect to the services furnished under this Agreement and all implied warranties are disclaimed. 4. Changes/Amendments: This Agreement and its exhibits constitute the entire agreement between the Parties and together with its exhibits supersede any prior written or oral agreements. This Agreement may not be changed except by written amendment signed by both Parties. The estimate of the level of effort, schedule and payment required to complete the Scope of Services, as Consultant understands it, is reflected herein. Services not expressly set forth in this Agreement or its exhibits are excluded. Consultant shall promptly notify Client if changes to the Scope of Services affect the schedule, level of effort or payment to Consultant and the schedule and payment shall be equitably adjusted. If Consultant is delayed in performing its services due to an event beyond its control, including but not limited to fire, flood, earthquake, explosion, strike, transportation or equipment delays, act of war, or act of God, then the schedule or payment under the Agreement shall be equitably adjusted, if necessary, to compensate Consultant for any additional costs due to the delay. An SAIC Company 000000/1-VERNON TESTING PSA Page 1 PROFESSIONAL SERVICES AGREEMENT Between R. W. Beck and City of Vernon for the Malburq Generation Station 5. Fee for Services: The fee for the services under this Agreement will be based on the actual hours of services furnished multiplied by Consultant's Billing Rates as of the date of its monthly invoice plus all reasonable expenses directly related to the services furnished under this Agreement. Client and Consultant acknowledge that the Scope of Services for this Agreement cannot be accurately defined and on this basis, the approximate amount to be paid by Client for services and expenses hereunder is estimated to be U.S. $18,250 not including expenses. 6. Payment: Client shall pay Consultant for services furnished under this Agreement upon submission of monthly invoices in an amount equal to actual hours of services furnished multiplied by the Billing Rates attached as Exhibit B. Additionally, Client shall reimburse Consultant monthly for reasonable expenses at cost and at cost plus 10% for the services of any Subconsultant. Client shall pay Consultant in U.S. dollars within thirty (30) days of receipt of invoices less any disputed amounts. If Client disputes any portion of the invoice, the undisputed portion will be paid and Consultant will be notified in writing, within ten (10) days of receipt of the invoice of the exceptions taken. Consultant and Client will attempt to resolve the payment dispute within sixty (60) days or the matter may be submitted to arbitration as provided below. Additional charges for interest shall become due and payable at a rate of one and one-half percent (1-1/2%) per month (or the maximum percentage allowed by law, whichever is lower) on the unpaid, undisputed invoiced amounts. Any interest charges due from Client on past due invoices are outside any amounts otherwise due under this Agreement. If Client fails to pay undisputed invoiced amounts within sixty (60) days after delivery of invoice, Consultant, at its sole discretion, may suspend services hereunder or may initiate collections proceedings, including mandatory binding arbitration, without incurring any liability or waiving any right established hereunder or by law. 7. Indemnity: To the extent permitted by law, Consultant agrees to indemnify, defend and hold harmless Client and its directors, officers, shareholders and employees from and against any liability (including without limitation, reasonable costs and attorneys' fees) incurred by Client to the extent caused by Consultant's negligent acts, errors or omissions, including judgments in favor of any third party. To the extent permitted by law, Client agrees to indemnify, defend and hold harmless Consultant and its directors, officers, shareholders, employees and subconsultants from and against any liability (including, without limitation, reasonable costs and attorney's fees) incurred by Consultant to the extent caused by Client's negligent acts, errors or omissions, including judgments in favor of any third party. 000000/1-VERNON TESTING PSA May 5, 2010 Page 2 PROFESSIONAL SERVICES AGREEMENT Between R. W. Beck and City of Vernon for the Malburg Generation Station Each party (the "First Party") specifically and expressly waives its immunity under applicable worker's compensation and industrial insurance laws regarding liability against the other party (the "Second Party") for actions brought by any of the First Parry's employees against the Second Party, to the extent the liability is caused by the First Party's negligent acts, errors or omissions. 8. Reperformance of Services: If Client believes any of the services provided under this Agreement do not comply with the terms of this Agreement, Client shall promptly notify Consultant to permit Consultant an opportunity to investigate. If the services do not meet the applicable standard of care, it will promptly reperform the services at no additional cost to Client, including assisting Client in selecting remedial actions. If Client fails to provide Consultant with prompt notice of non-compliance and an opportunity to investigate and reperform its services, Consultant's total obligation to Client will be limited to the costs Consultant would have incurred to reperform the services. 9. Section Intentionally Left Blank. 10. Insurance: Consultant shall maintain insurance with the following required coverages and limits and upon request, will provide a Memorandum of Insurance to Client: Worker's Compensation Statutory Employer's Liability U.S. $1,000,000 Commercial General Liability U.S. $1,000,000 per occurrence U.S. $1,000,000 aggregate Commercial Auto Liability U.S. $1,000,000 combined single limit Professional Liability U.S. $1;000,000 per claim and in the aggregate 11. Work Product: Client shall have the unrestricted right to use the documents, analyses and other data prepared by Consultant under this Agreement ("Work Products"); provided, however Client shall not rely on or use the Work Products for any purpose other than the purposes under this Agreement and the Work Products shall not be changed without the prior written approval of Consultant. If Client releases the Work Products to a third party without Consultant's prior written consent, or changes or uses the Work Products other than as intended hereunder, (a) Client does so at its sole risk and discretion, (b) Consultant shall not be liable for any claims or damages resulting from the change or use or connected with the release or any third party's use of the Work Products and (c) Client shall indemnify, defend and hold Consultant harmless from any and all claims or damages related to the release, change or third party use. 00000011-VERNON TESTING PSA May 5, 2010 Page 3 PROFESSIONAL SERVICES AGREEMENT Between R. W. Beck and City of Vernon for the Malburq Generation Station 12. Limitation of Liability: No employee of Consultant shall have individual liability to Client. To the extent permitted by law, the total aggregate liability of Consultant, its officers, directors, shareholders, employees and subconsultants for any and all claims arising out of this Agreement, including attorneys' fees, and whether caused by negligence, errors, omissions, strict liability, breach of contract or contribution, or indemnity claims based on third parry claims, shall not exceed the revenue received by Consultant under this Agreement or one hundred fifty thousand dollars (U.S. $150,000.00), whichever is greater. 13. No Consequential Damages: In no event and under no circumstances shall Consultant be liable to Client for any principal, interest, loss of anticipated revenues, earnings, profits, increased expense of operation or construction, loss by reason of shutdown or non -operation due to late completion or otherwise or for any other economic, consequential, indirect or special damages. 14. Information Provided by Others: Client shall provide to Consultant in a timely manner any information Consultant indicates is needed to perform , the services hereunder. Consultant may rely on the accuracy of information provided by Client and its representatives. 15. Opinions of Cost: Consultant does not control the cost of labor, materials, equipment or services furnished by others, nor does it control pricing factors used by -others to accommodate inflation, competitive bidding or market conditions. Consultant estimates of operation expenses or construction costs represent its best judgment as an experienced and qualified professional and are not a guarantee of cost. This section does not apply to the cost of Consultant performing the Scope of Services. 16. Safety and Security: Consultant has established and maintains programs and procedures for the safety of its employees. Unless specifically included as a service to be provided under this Agreement, Consultant specifically disclaims any authority or responsibility for job site safety and safety of persons other than Consultant's employees. Consultant shall not provide any such services and disclaims any responsibility under this Agreement related to site security or the assessment, evaluation, review, testing, maintenance, operation or safety practices or procedures related to security. 17. Level of Authority: Consultant provides its services, comments, opinions and recommendations solely as a consultant to Client. The parties acknowledge that primary responsibility for operation of the Project remains with the Operator. Employees of Consultant will not: a. Perform any of the responsibilities of Client Operator or Owner. b. Expedite work for Client Operator or Owner unless Client requests Consultant to do so and reimburses Consultant costs for expediting functions. c. Advise Client, Operator, or Owner on safety precautions, procedures or programs. 000000/1-VERNON TESTING PSA May 5, 2010 Page 4 PROFESSIONAL SERVICES AGREEMENT Between R. W. Beck and City of Vernon for the Malburq Generation Station 18. Termination: Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. Client shall pay Consultant for all services rendered to the date of termination plus reasonable expenses for winding down the services. If either party defaults in its obligations hereunder, the non -defaulting parry, after giving seven (7) days written notice of its intention to terminate or suspend performance under this Agreement, may, if cure of the default is not commenced and diligently continued, terminate this Agreement or suspend performance under this Agreement. 19. Dispute Resolution: Consultant and Client shall attempt to resolve conflicts or disputes under this Agreement in a fair and reasonable manner and agree that if resolution cannot be made to attempt to mediate the conflict by a professional mediator (except for payment disputes which may be submitted directly to arbitration). If mediation does not settle any dispute or action which arises under this Agreement or which relates in any way to this Agreement or the subject matter of this Agreement within ninety (90) days after either requests mediation, the dispute or conflict shall be subject to arbitration in English under the Construction Industry Arbitration Rules as promulgated by the American Arbitration Association and arbitrability shall be subject to the Federal Arbitration Act. 20. Section Intentionally Left Blank. 21. Litigation Expenses: Client will be responsible for payment of all expenses and costs associated with Consultant's compliance with a subpoena or Client request to produce documents, data or testimony relating to any proceeding relating to any information pertaining to Client's project or to the work Consultant performed for Client, excluding any litigation or proceeding between Client and Consultant. These costs will include hourly charges for persons involved in responding to a subpoena or Client request, travel and reproduction expenses, advice and participation of counsel in responding to a subpoena and other request and other reasonable expenses. Consultant will endeavor to confer with Client prior to responding to any subpoena or request covered by this paragraph. 22. Non Exclusivity of Services: Consultant may perform for other clients similar or identical services to those services contemplated under this Agreement, subject to applicable confidentiality and ethical obligations of Consultant. In the event Client desires any level of exclusivity or other limitations on Consultant's services to its other clients, Client and Consultant shall confer regarding the scope of requested exclusivity or other limitations and the additional compensation to be paid to Consultant for the requested exclusivity or other limitations on providing services to other clients. Any agreed exclusivity or other limitations on providing similar or identical services shall be confirmed in writing signed by both parties and shall expressly state such provision shall supersede this Section 22. No fiduciary or agency obligations shall be created as a result of any exclusivity obligations or other limitations on Consultant's services to other clients. 000000/1-VERNON TESTING PSA May 5, 2010 Page 5 PROFESSIONAL SERVICES AGREEMENT Between R' W. Beck and City of Vernon for the Malburq Generation Station 23. Miscellaneous: This Agreement is binding upon and will inure to the benefit of Client and Consultant and their respective successors and assigns. Neither party may assign its rights or obligations hereunder without the prior written consent of the other party. a. Any notice required or permitted by this Agreement to be given shall be deemed to have been duly given if in writing and delivered personally or five (5) days after mailing by first-class, registered, or certified mail, return receipt requested, postage prepaid and addressed as follows: Client: City of Vernon Attention: Donal O'Callaghan, Director Address: 4305 Santa Fe Ave., Vernon, CA 90058 Consultant: R. W. Beck, Inc. Attention: Office Supervisor Address: 1801 California Street, Suite 2800 Denver, CO 80202 With a copy to: Legal Department (which will not be considered notice) 1001 Fourth Avenue, Suite 2500 Seattle, WA 98154-1004 b. Client expressly agrees that all provisions of the Agreement, including the clause limiting the liability of Consultant, were mutually negotiated and that but for the inclusion of the limitation of liability clause in the Agreement, Consultant's compensation for services would otherwise be greater and/or Consultant would not have entered into the Agreement. c. If any provision of this Agreement is invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect and the provision declared invalid or unenforceable shall continue as to other circumstances. d. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington. e. In any action to enforce or interpret this Agreement, the prevailing party shall be entitled to recover, as part of its judgment, reasonable attorneys' fees and costs from the other party. f. This Agreement shall not be construed against Consultant only on the basis that Consultant drafted the Agreement. 000000/1-VERNON TESTING PSA May 5, 2010 Page 6 PROFESSIONAL SERVICES AGREEMENT Between R. W. Beck and City of Vernon for the Malburq Generation Station g. Notwithstanding any statute to the contrary, the Parties agree that any action to enforce or interpret this Agreement shall be initiated within two (2) years from the time the party knew or should have known of the fact giving rise to its action, and shall not in any case be initiated later than six (6) years after Consultant completes its Scope of Services under this Agreement. h. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original instrument, but all of which taken together shall constitute one instrument. IN WITNESS WHEREOF, the Parties have signed this Agreement the date first written above. CITY OF VERNON Signature Name Title R. W. BECK, INC. Signature Name Title 000000/1-VERNON TESTING PSA May 5, 2010 Page 7 EXHIBIT A To Agreement Between R. W. Beck, Inc. and City of Vernon Scope of Services and Schedule for the Malburq Generation Station Test Witnessing (Phase III Services) The role of R. W. Beck, Inc. (the "Independent Engineer") during the annual performance test of the Malburg Generating Station (the "Project") is to provide verification of work performed by others and to report to the City of Vernon (the "Client"). The Independent Engineer will perform the following tasks during the annual performance testing of the Project. The Independent Engineer shall focus on the test conducted to verify the testing of the 2x1 plant configuration with the evaporative coolers on, duct burners off, and the auxiliary loads as defined in the original Siemens test. Task 1: Review Performance Testing Procedure The Independent Engineer will review and comment on detailed test procedure developed by others. The budget assumes the review of one draft version of the Project test procedure and confirmation that the comments are incorporated into the draft. Review of additional drafts will be additional services. Task 2: Witness Performance Tests The Independent Engineer will witness the Project's performance test. It is assumed that testing will be accomplished in one day. Additional days on -site will be additional services. Task 3: Review a Performance Test Report The Independent Engineer will review and comment on the annual performance test report. The budget assumes the review of one draft version of the Project test report and confirmation that the comments are incorporated into test report. Review of additional drafts will be additional services. Task 4: Submit Letter Report(s) to Client The Independent Engineer will prepare a letter report summarizing the results of the performance test specified by the Client, comment on the accuracy of the test report and identify any discrepancies or errors noted. Services Furnished by Client The Client will assist the Independent Engineer in obtaining the following, as applicable: ■ Identification of and access to project participants' representatives. An SAIC Company 000000/1-VERNON TESTING PSA Page 1 EXHIBIT A To Agreement Between R. W. Beck, Inc. and City of Vernon Scope of Services and Schedule for the Malburg Generation Station ■ Copies of engineering information relating to the Project. ■ Copies of contract documents to be reviewed. ■ Copies of permit applications, permits, correspondence and other documentation relating to any necessary environmental permits or licenses for the Project. ■ Identification of and access to representatives of any public agency having jurisdiction over any necessary environmental permits or licenses for the Project. Schedule To be mutually agreed. 000000/1-VERNON TESTING PSA Page 2 McHale Performano MALBURG GENERATION STATION 2010 ADJUSTED CONTRACT CAPCITY TEST PER THE PPTA This document has been issued and revised as indicated below. If this is a later revision than now in your possession, please destroy the previous issue; or clearly mark it "SUPERSEDED Approved for Issue Originator: By: Wayne D. Ferguson Date: April 29, 2010 Reviewer: By: Benjamin W. Goddard Date: April 29, 2010 Approver: By: Benjamin W. Goddard Date: Al2ri129, 2010 The information contained within this document is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, editing, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is prohibited Page 1 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT REVISION LOG SHEET Section Description Changes to Rev 0 Throughout Revised document to describe the Adjusted Contract Capacity Test as a test without duct firing, and with evaporative coolers in service. Page 2 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT Page 3 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. l FOR: COLORADO ENERGY MANAGEMENT Performance Test Procedure TABLE OF CONTENTS 1.0 PURPOSE 2.0 REFERENCES 3.0 ACCEPTANCE CRITERIA 4.0 GENERAL APPROACH 5.0 PREREQUISITES, PRECAUTIONS; AND RESPONSIBILITIES 6.0 PLANT PERFORMANCE TEST APPROACH 7.0 PERFORMANCE TEST RESULTS CALCULATIONS 8.0 REPORTING REQUIREMENTS Malburg Generation Station 2010 Adjusted Contract _Capacity Test per the PPTA-Revl.doc 412912010 Page 4 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT Performance Test Procedure APPENDICES A UNCERTAINTY ANALYSIS B 1) PRIMARY TEST MEASUREMENTS 2) DATA SHEETS 3) TEST MEASUREMENT DATA 4) TEST SCHEDULE 5) PRETEST CHECKLISTS/SYSTEM LINEUP 6) CYCLE ISOLATION LIST C 1) PLANT PERFORMANCE TEST MODEL 2) CORRECTION CURVES (DUCT BURNERS OFF / EVAPS OFF) 3) EVAPORATIVE COOLER DISPOSITION CORRECTION 4) CORRECTION CURVES (DUCT BURNER OFF / EVAPS ON) 5) CORRECTION CURVES (COOLING TOWER) D AUXILIARY LOAD LIST ("AUXILIARY LIST") Malburg Generation Station 2010 Adjusted Contract 412912010 .Capacity Test per the PPTA-Revl.doc Page 5 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT 1.0 PURPOSE 1.1 This document, hereinafter referred to as the "Test Procedure", describes the procedures for conducting the Adjusted Contract Capacity Test ("Performance Test") of the Malburg Generation Station (MGS Plant) in Vernon, California for Colorado Energy Management ("Contractor"). The Performance Test will be conducted consistent with the 2007 Post Outage Performance Test Procedure Rev 4, with only minor changes shown in the following Test Procedure. The Performance Testwillalso be in compliance with the Power Purchase Tolling Agreement dated April 10, 2008 between Bicent (California) Malburg LLC and the City of Vernon. 1.2 This Test Procedure delineates the methodology for establishing the following test goals: 1.3 "2007 Test" (Duct Burners Off) o 2x1 base load capacity and heat rate without duct firing, 2007 Auxiliaries, and Base Reference Conditions with Evaporative Cooling in service Capacity and heat rate will be net of the auxiliary loads defined in Appendix D Auxiliary List ("Test Auxiliaries"). Emission testing is outside the scope of this procedure. It should be noted that air emissions will be monitored in parallel with the Performance Test. The MGS Plant consists of two (2) Alstom power GTX-100 frame -type combustion turbines ("CT1 and CT2 or collectively CTs") each with a dry -low NOx combustor and an inlet evaporative cooler, two (2) Alstom power dual pressure heat recovery steam generators (HRSG) each with a duct burner and a selective catalytic reduction (SCR) system, and one (1) Alstom power MP-24 steam turbine ("ST"). Each CT and ST is defined as a "Unit". The plant's capacity and heat rate will be demonstrated at the following operating conditions and plant configurations and corrected to the base reference conditions defined in Table 3-1: • CTI, CT2, and ST operating with evaporative cooling in service and duct burners off at 100 percent of the CTs load; and weather permitting (ambient dry-bulb temperature 50 °F or above) In the event that ambient temperature is not 50 °F or above testing will be performed with evaporative cooling out of service. Each operating condition and corresponding plant configuration defined above for the purposes of this Test Procedure is defined as an "Operating Point". The Performance Test will focus on accurately determining the capacity and heat rate in accordance with the American Society of Mechanical Engineer's Performance Test Code 46 ("PTC 46"). All performance tests will be conducted while simultaneously demonstrating the emission limits in the air permit or the PPTA whichever is more stringent. Malburg Generation Station 2010 Adjusted Contract Capacity .Test per the PPTA-Revl.doc 412912010 Page 6 of 84 McHale & Associates, Inc: Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT 1.7 Data (as shown in Appendix B) will be recorded to establish the as -tested performance during the Performance Test. Plant performance will be corrected to the conditions stated in Table 3-1. 1.8 This Test Procedure covers the Alstom scope components and does not reflect a full plant performance test. The calculations shown in this Test Procedure are based on manufacturer's correction curves. Additional correction curves supplied in Appendix C may be used to be more representative of a full plant performance test if the correction methodology is adjusted properly. Malburg Generation Station 2010 Adjusted Contract _ Capacity. Test per the PPTA-Rev].doc 412912010 Page 7 of 84 McHale & Associates, Inc. Malburg Generation Station - Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT 2.0 REFERENCES Technical and contractual documents referenced in the test procedure are outlined herein. 2.1 Test Codes and Procedure The performance test described in this procedure will be conducted in accordance with PTC 46. The following Codes and Standards are also listed here for reference, as parts of them may be required for compliance to PTC 46. • ANSI/ASME PTC 1 1999 General Instructions • ANSI/ASME PTC 19.1 1998 Measurement Uncertainty, Instruments and Apparatus • ANSUASME PTC 22 1997 Performance Test Code on Gas "Turbines • ANSI/ASME PTC 46 1996 Performance Test Code on Overall Plant Performance • ANSI/ASME MFC-2M 1983 Measurement Uncertainty for Fluid Flow in Closed Conduits • GPA 2261 2000 Analysis for Natural Gas and Similar Mixtures by Gas Chromatography • AGA Report No 8 1994 American Gas Association's Compressibility Factor of Natural Gas and other Hydrocarbon Gases, Transmission, Measurement Committee Report No. 8 (Catalog No. XQ9212) • ASTM D3588 1998 Standard Practice for Calculating Heat Value, Compressibility Factor, and Relative Density of Gaseous Fuels • ASTM D 1945 2003 Standard Test Method for Analysis of Natural Gas by Gas Chromatography Mathurg Generation Station 2010 Adjusted Contract 412912010 Capacity. Test per the PPTA-Rev].doc - - - - Page 8 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT 3.0 ACCEPTANCE CRITERIA Acceptance criteria for establishing the capacity and heat rate for each of the tests are outlined herein. 3.1 Testing will occur at base load with duct burners off with the evaporative coolers in service. With the inlet evaporative coolers in service, the appropriate corrections will be made as delineated herein. If weather is not permitting (ambient temperature is less than 50 °F), testing will be performed with evaporative cooling out of service at base load with duct burners off. 3.2 Capacity and heat rate will be corrected for'variation between the actual ambient conditions at the time of the test and the basis ambient conditions. The Adjusted Contract Capacity Test will be corrected to the Base Reference Conditions in Table 3-1. The "Fuel Basis Conditions" are provided in Table 3-2. Table 3-1: Ambient and Operational Base Reference Conditions Parameter Value Ambient Temperature 75 OF Elevation 182.32 ft Ambient Pressure 14.60 psia Ambient Relative Humidity 50 % Power Load 100 % Frequency 60 Hz Generator Power Factor (lagging) 0.90 Generator Voltage 13.8 kV Fuel Natural Gas Minimum Fuel Pressure 392 psia Evaporative Cooler Status ON Evaporative Cooling Water Flow 1.5 + blowdownlb/s Max pressure drop HP steam to ST 40 psia Max pressure drop LP steam to ST 4.6 psia Condenser Pressure 3.485 "H Condensate Pressure 100 psia Condensate Temperature 120 OF Duct Burner Status* 73.4 MMBtu/hr/HRSG LHV ** *Note: Only applicable for duct burner on operation conditions. **Note: 73.4 MMBtu/hr/HRSG (LHV) is both the design basis and the air permit limit. Malburg GenerationStation2010 Adjusted Contract - 412912010 _ Capacity Testper the PPTA-Rev].doc Page 9 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT Table 3-2: Fuel Basis Conditions Parameter Value Methane CH4 Weight % 95.836 Ethane C2H6 Weight % 2.107 % Propane 01-18 Weight % 0.000 I -Butane I-C4H10 Weight % 0.040 N-Butane N-C4H10 Weight % 0.060 I -Pentane I-051112 Weight % 0.010 % N-Pentane -051-112 Weight % 0.010 Hexane C61-114 0.020 Carbon Dioxide CO2 1.2540 Nitrogen 2 0.6620 Fuel Lower Heating Value 21,071 BTU/lbm 49,011 kJ/kg) Hydrogen Carbon Ratio 3.97472439 3.3 Upon satisfactory completion of the Performance Tests, each capacity and heat rate will be calculated as described in Section 7 of this Test Procedure. 3.4 Testing at each Operating Point will consist of two thirty (30) minute test runs. The corrected results of the two test runs will be averaged for calculating the test results. Additional test runs may be completed at the discretion of the Test Director. 3.5 Capacity and heat rate Performance Testing will be conducted concurrently. 3.6 The inlet evaporative coolers will be in service. If the weather does not permit operation with evaporative cooling in service, testing will be conducted with evaporative coolers out of service. 3.7 Each Unit will have been in steady operation for a minimum of one (1) hour prior to testing (Table 3.3, PTC 46) for the initial Operating Point after a CT or ST start. Steady operation will be in accordance with Table 3.3.3 of PTC 22 as set forth in Section 6 herein. Malburg Generation Station 2010 Adjusted Contract 412912010 Capacity. Test per the PPTA-Revl doc Page 10 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR; COLORADO ENERGY MANAGEMENT 4.0 GENERAL APPROACH 4.1 The tests described in this document will be conducted in accordance with PTC 46. 4.2 The Contractor will assign a Test Representative and ensure that the designated Test Representative will have the authority to approve, in writing, any changes required of the 4.3 Test Procedure due to unforeseen circumstances. The City of Vernon will assign a Test Representative and ensure that the designated Test Representative will have the authority to approve, in writing, any changes required of the Test Procedure due to unforeseen circumstances. These representatives may include a third party engineer as defined in Section 7.2 of the PPTA. A Test Director will be assigned to oversee the test activities and direct the performance testing. The Test Director is responsible to ensure that the test is conducted in accordance with the Test Procedure. The Test Director, or his acting designee, will be present during the entire testing period. Test Representatives should direct questions and concerns to the Test Director prior, during, and after performance testing. Each test will proceed on the signal of the Test Director, as soon as Unit and/or Plant conditions allow and upon meeting the conditions defined in Section 5 of the Test Procedure. 4.4 The Test Director is responsible for the following: • Notifying Test Representatives of test activities • Installation and calibration of special test instrumentation • Test data acquisition, data reduction and computation of test results • Issuance of test reports at the conclusion of each test 4.5 If the Test Director identifies a test interruption, he will notify the Test Representatives as soon as possible. The interruption will not nullify any test runs already completed, unless the cause of the interruption impacts the results of the completed test runs. If the interruption occurs near the end of a test run, the length of that test run may be shortened upon agreement of all test parties. 4.6 The CTs, HRSGs, ST, and other plant equipment will be operated within applicable permit guidelines. Manufacturer's recommended startup and operating guidelines will be followed throughout all testing. No equipment shall be operated outside of its vendor design limits. To the extent practical, systems will be in automatic control during the tests. Any deviation from standard operation should be noted and approved by the Test Representatives. 4.7 Test Representatives will have complete access to information applicable to the conduct of the tests. This information includes, but is not limited to, the instrument calibration records for the test, observation of unit operation, and data acquisition outputs. Malburg Generation Station 2010 Adjusted Contract 412912010 Capacity. Test per the PPTA-Revl.doc _ Page 11 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. I FOR: COLORADO ENERGY MANAGEMENT 4.8 The required instruments for the tests are listed in Appendix B. Additional test instruments may be used to facilitate automated data collection, or to replace suspect plant instruments. The calibrated accuracy of replacement instruments shall equal or exceed the permanent plant instrument accuracy. Instrument readings will be logged by Facility control systems, temporary data logging equipment, or manually by test personnel. 4.9 The 1997 ASME Steam Tables are to be used for the properties of water and steam. In all energy calculations the International Table BTU is the BTU to be used, with a conversion factor of 1 BTU = 1,055.056 joules. 4.10 Blowdown will be isolated for each Operating Point test run. Malburg Generation Station 2010 Adjusted Contract.- 412912010 Capacity Test per the PPTA-Revl:doc - Page 12 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT 5.0 PREREQUISITES, PRECAUTIONS, AND RESPONSIBILITIES 5.1 Deviations from the following items or any major modifications to this Test Program will require prior written acceptance by the Test Representatives. 5.2 The Test Director will brief operating personnel on safety considerations and test procedure; and will familiarize them with the range of operation to be expected during testing. 5.3 The Contractor is responsible for coordinating official notification and liaison with regulatory agencies as necessary to coordinate environmental or other requirements. The Contractor shall coordinate with all utilities to schedule electrical and fuel availability to meet performance test requirements. 5.4 The Contractor will coordinate the fuel, water, and electrical load needed for performance testing. 5.5 The Performance Tests will be conducted in accordance with a schedule mutually agreed upon. The Equipment being tested will be operated with the normally expected number of auxiliaries in service. 5.6 A trial Test Run may be conducted to train observers and test personnel, check operation of all instruments, make minor operating adjustments as required, determine if equipment is in suitable condition for testing and determine time required to achieve thermal stability of the combustion turbine. 5.7 Test equipment will be calibrated within the instrument manufacturer's recommended calibration cycles. The calibration data sheets will be available to all test parties, and will be included as part of the test report. 5.8 Station instruments will be utilized to the maximum extent possible for the Performance Tests, except as noted in Appendix B. Data will be accessed through the DCS, data historian, or an automated data acquisition system where possible. Specific instrumentation is identified in Appendix B. 5.9 Prior to administering a Performance Test, the CTs may be off --line detergent/water washed in accordance with the OEM's recommended procedure. Additional inspections shall be administered at the discretion of the Test Director, and in general accordance with the checklist in Appendix B. Malburg Generation Station 2010 Adjusted Contract Capacity. Test per the PPTA-Revl.doc - 4129/2010 Page 13 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT 5.10 All plant protective and safety devices will be in service during the test period, except to the extent such devices do not adversely impact the safe operation of the plant. A Performance Test will not be invalidated if a protective and safety device becomes inoperable during the test, provided that the inoperability of such device does not interrupt the Performance Test, invalidate the results of the Performance Test, or cause a condition detrimental to the Unit(s) or to safety; and provided further that the device is returned to service as soon as reasonably possible. No protective or safety devices shall be bypassed during the test. 5.11 The Unit(s) and / or Facility equipment will not be operated outside of the manufacturer's recommended operating envelope. 5.12 Each Unit will operate at the test load until stability is obtained pursuant to Table 6-1 before conducting each test in order to establish thermal stability. 5.13 Cycle isolation will be reviewed and confirmed before testing. Cycle isolation review will include vents, drains, blowdown, auxiliary flows, bypass lines, etc., as applicable. A sample of the 2007 cycle isolation checklist is provided in Appendix B. 5.14 The station continuous emissions monitoring system ("CEMS") will be used to demonstrate operation within emissions limitations during the Performance Tests, unless a written authorization .from the Contractor is obtained for use of temporary instrumentation. Failure to meet emissions requirements during any test run will void the results of that test run. 5.15 If testing cannot be performed with evaporative cooling in service, appropriate corrections will be made to account for the evaporative coolers being out of service as described herein. Malharg Generation Station 2010 Adjusted Contract 412912010 Capacity Test per the PPTA-ReW..doc Page 14 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT 6.0 PERFORMANCE TEST APPROACH 6.1 The Performance Tests are conducted to determine capacity and heat rate at the Operating Points. 6.2 All Performance Tests are to be run with the units operating at the specified Operating Point throughout the test. Base load will be defined by the control algorithms to be provided by the CTG Manufacturer. 6.3 Steady state is required prior to beginning each Performance Test. Steady state operation is satisfied when the Maximum Permissible Variations in Operating Conditions shown in Table 6-1 are not exceeded. Each observation of an operating condition during each thirty (30) minute Test Run shall not vary from the computed average for that operating condition during the same thirty minutes by more than the amount shown in Table 6-1 except by written agreement among the Test Representatives. If operating conditions vary during any Test Run beyond the limits prescribed in the Table 6-1, and if such variations are not covered by written agreement, the results of that Test Run will be discarded and the results of the affected Performance Test will be based on the average of the remaining valid Test Runs. Table 6-1 Maximum Permissible Variations in Operating Conditions Variable Allowable Variation of Any Station Observation from Reported Average Test Condition During a Test Run Power Output (electrical) +2 % (PTC 22 1997 Table 3.3.3) Fuel Consumption +2 % (PTC 22 1997 Table 3.3.3) Fuel Heating Value +1 % (PTC 22 1997 Table 3.3.3) Barometric Pressure at Site +0.5 % (PTC 221997 Table 3.3.3) Ambient Dry Bulb Temperature +4 OF (PTC 22 1997 Table 3.3.3) Malbarg Generation Station 2010 Adjusted Contract 412912010 Capacity Test per the PPTA-Rev].doc - - Page 15 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. l FOR: COLORADO ENERGY MANAGEMENT 6.4 The plant will be operated as closely as practical to the Base Reference Conditions; however, actual operating conditions will likely vary due to uncontrollable ambient conditions or other factors. It is therefore necessary to correct plant performance to the Base Reference Conditions using curves. Base Reference Condition curves are the same as those used in the December 2007 test. Corrections will be applied for the following: • Ambient Temperature • Ambient Pressure • Ambient Relative Humidity • Power Factor • Fuel H/C Ratio, N2 Content and CO2 Content • Condenser Pressure • HP Steam Piping Pressure Drop between HRSG and ST • LP Steam Piping Pressure Drop between HRSG and ST • Evaporative Cooler Operation 6.5 Instruments that are available to be read by an automatic data acquisition system will be read at intervals of no greater than one (1) minute. Manually recorded data shall be taken at regular intervals of five (5) minutes, or more frequently, such that at least six (6) readings are available for each Test Run. Spurious fluctuations in readings will be eliminated from the average, as mutually agreeable to the Test Representatives: 6.6 The data for each Test Run will be averaged over the entire Test Run. The calculated average values will then be entered into polynomial curve fits of equipment manufacturer's correction curves to determine corrections for the parameters listed above. The correction curves can be found in Appendix C. 6.7 The post test uncertainty analysis from the testing conducted in 2007 is included in Appendix A for capacity and heat rate. Test uncertainty is calculated per PTC 19.1 based on 95% coverage. The uncertainty analysis shows the results well within the following recommended maximum uncertainties in PTC 46: 2007 Test PTC 46 Maximum Plant Capacity Uncertainty: 0.76% 1.00% Measured Heat Rate Uncertainty: 1.0% 1.50% 6.8 Following the Performance Test, a post-test uncertainty calculation will be completed. The uncertainty calculation will be analogous to that shown in Appendix A, but with measured data replacing the assumed random variations. Malheog Generation Station 2010 Adjusted Contract 12912010 Capacity Test per the PPTA-Revi.doc Page 16 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT 6.9 Gas sampling will be performed per ASME PTC 3.3, and as described in Appendix B. Two (2) gas samples will be collected at the beginning and end of each thirty (30) minute test run. If the test runs are performed consecutively, the overlapping samples may. shared between test runs. All fuel samples will be sealed and labeled. One (1) of the two (2) gas samples collected at each sampling period will be sent to Texas Oil Tech for analysis and one will remain at site. as a referee until analyzed samples are reviewed and deemed acceptable. Malburg Generation Station 2010 Adjusted Contract 412912010 Capacity Test per the PPTA-Rev].doc- Page 17 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT 7.0 PERFORMANCE TEST RESULTS CALCULATIONS Plant performance, as corrected to Base Reference Conditions, is calculated as outlined in this section: 7.1 Corrected Capacity Calculations The capacity test will be conducted to demonstrate the Plants net electric capacity. 7.1.1 Net power generation will be determined at the measurement locations identified in Appendix B Primary Test Measurements, and Appendix B Test Data of this Test Procedure. Results will be corrected to Base Reference Conditions given in Table 3-1 and the Reference Fuel given in Table 3-2. Test corrected net electric output will be determined as follows in accordance with the correction methodology: Pcar Pmeas X FP, X FPp X FPh X r"PV X FPH / C X FPN2 X_ FPCO2 X FPCP X FPpdHP X FPpdLP X FP,EVAP Where: Pc., = Corrected Capacity (kW) Pme� = Measured Capacity (kW) = PGTi + PGT2 + PST — Pat. PGTI = Measured CTG1 Power Output (kW) PGT2 = Measured CTG2 Power Output (kW) PST = Measured STG Power Output (kW) Pat,, = Measured auxiliary consumption per the Auxiliary List (kW) FPt = Multiplicative correction factor for ambient air temperature (See Section 7.3) FPp = Multiplicative correction factor for ambient air pressure (See Section 7.3) FPh = Multiplicative correction factor for ambient air humidity (See Section 7.3) Fp9= Multiplicative correction factor for power factor (See Section 7.3) FPH/C = Multiplicative correction factor for hydrogen -carbon ratio (See Section 7.3) FPN2 = Multiplicative correction factor for nitrogen weight fraction (See Section 7.3) FPcoz = Multiplicative correction factor for carbon dioxide weight fraction (See Section 7.3) FPcP= Multiplicative correction factor for condenser pressure (See Section 7.3) FPpdHP Multiplicative correction factor for pressure drop in HP steam from HRSG to ST (See Section 7.3) FPpdLP = Multiplicative correction factor for pressure drop in LP steam from HRSG to ST (See Section 7.3) FP,EVAP = Multiplicative factor to correct unit power output with evaporative coolers out of service to power output the unit would have with the evaporative coolers in service. (See Section 7.3) Malburg Generation Station 2010 Adjusted Conlrael. 412912010 Capacity .Tesi per the PPTA-Revl.doc Page 18 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT 7.2 Corrected Heat Rate Calculations The heat rate test will be conducted to demonstrate the Plant heat rate. 7.2.1 Heat consumption will be determined at the measurement locations identified in Appendix B Primary Test Measurements, and Appendix B Test Data of this Test Procedure. Results will be corrected to Base Reference Conditions given in Table 3-1 and the Reference Fuel given in Table 3-2. Test corrected heat rate will be determined as follows in accordance with the Alstom correction methodology: HRcorr = HRmeas X FHRI X FHRp x FHRh x FHRrp X FHRH / C x FHRN2 x FHRCO2 x FHRCP x FHRPdHP x FHRPdLP x FHR,EVAP Where: HReOrr = Corrected Measured Heat Rate, LHV (BTU/kWh) HR1i1e. = Measured Heat Rate, LI-IV (BTU/kWh) = QFmeas x 3600 PGTI + PGT2 + PST —Paax QFmeas = Total measured heat input of CTs and HRSG DBs, LHV (BTU/s) PGTI = Measured CTG1 Power Output (kW) PGT2 = Measured CTG2 Power Output (kW) PST = Measured STG Power Output (kW) Paux Measured auxiliary consumption per the Auxiliary List (kW) FHRt = Multiplicative correction factor for ambient air temperature (See Section 7.3) FHRp = Multiplicative correction factor for ambient air pressure (See Section 7.3) FHRH = Multiplicative correction factor for ambient air humidity (See Section 7.3) FHR,D = Multiplicative correction factor for power factor (See Section 7.3) FHRH/C = Multiplicative correction factor for hydrogen -carbon ratio (See Section 7.3) Fmu,2 = Multiplicative correction factor for nitrogen weight fraction (See Section 7.3) FFCO2 = Multiplicative correction factor for carbon dioxide weight fraction (See Section 7.3) FHRCP = Multiplicative correction factor for condenser pressure (See Section 7.3) FFIRpdHP = Multiplicative correction factor for pressure drop in HP steam from HRSG to ST (See Section 7.3) FHRPdLP = Multiplicative correction factor for pressure drop in LP steam from HRSG to ST (See Section 7.3) FHR,EVAP,=Multiplicative factor to correct unit heat rate with evaporative coolers out of service to heat rate the unit would have with the evaporative coolers in service. (See Section 7.3) Malhurg Generation Station 2010 Adjusted Contract 412912010 Capacity Test per the PPTA -Rev]. doc Page 19 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT 7.3 Correction Curves Each operating condition will be corrected to Base Reference Conditions given in Table 3-1 and the Reference Fuel given in Table 3-2 using a specific set of correction curves. 7.3.2 CT1, CT2, and ST operating with evaporative cooling on and duct burners off at 100 percent of the CTs load (Weather Permitting, ambient dry-bulb temperature 50 °F or above) 7.3.2.1 Power Output Correction FPt = Multiplicative correction factor for ambient air temperature (CEM GC DIAGRAM 8) Fpp = Multiplicative correction factor for ambient air pressure (CEM GC DIAGRAM 10) FPh = Multiplicative correction factor for ambient air humidity (CEM GC DIAGRAM 9) FP,P = Multiplicative correction factor for power factor (Alstom Diagram 5) FPH/C = Multiplicative correction factor for hydrogen -carbon ratio (Alstom Diagram 6) FPN2 = Multiplicative correction factor for nitrogen weight fraction (Alstom Diagram 7) FPCO2 = Multiplicative correction factor for carbon dioxide weight fraction (Alstom Diagram 8) Fpcp = Multiplicative correction factor for condenser pressure (Alstom Diagram 9) FPpdBP = Multiplicative correction factor for pressure drop in HP steam from HRSG to ST (Alstom Diagram 10) FPpdLP = Multiplicative correction factor for pressure drop in LP steam from HRSG to ST (Alstom Diagram 11) FP EVAP = Multiplicative factor to correct unit power output with evaporative coolers out of service to power output the unit would have with the evaporative coolers in service. (N/A) FP DB = Multiplicative factor to correct unit power output for Duct Burner Heat Input Different than setpoint. (N/A) Malburg Generation Station 2010 Adjusted Contract. Capacity Test per the PPTA-Revl.doc 412912010 Page 20 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT 7.3.2.2 Heat Rate Correction FHRr = Multiplicative correction factor for ambient air temperature (CEM GC DIAGRAM 8) FHRP = Multiplicative correction factor for ambient air pressure (CEM GC DIAGRAM 10) FHRh = Multiplicative correction factor for ambient air humidity (CEM GC DIAGRAM 9) FHR,o= Multiplicative correction factor for power factor (Alstom Diagram 5) FHRH /C = Multiplicative correction factor for hydrogen -carbon ratio (Alstom Diagram 6) FHRN2 = Multiplicative correction factor for nitrogen weight fraction (Alstom Diagram 7) FHRCO2 =Multiplicative correction factor for carbon dioxide weight fraction (Alstom Diagram 8) FHRCP = Multiplicative correction factor for condenser pressure (Alstom Diagram 9) FHRpdHP - Multiplicative correction factor for pressure drop in HP steam from HRSG to ST (Alstom Diagram 10) FHRpdLP = Multiplicative correction factor for pressure drop in LP steam from HRSG to ST (Alstom Diagram 11) F&R,EVAP = Multiplicative factor to correct unit heat rate with evaporative coolers out of service to heat rate the unit would have with the evaporative coolers in service. (N/A) FHR,Ds = Multiplicative factor to correct unit heat rate for Duct Burner Heat Input Different than setpoint. (N/A) 7.3.3 CT1, CT2, and ST operating with evaporative cooling off and duct burners off at 100 percent of the CTs load (Used only if weather does not permit testing with evaporative cooling on service) Malhurg Generation Station 2010 Adjusted Contract 12912010 Capacity. Test per the PP TA -Rev 1.doc - Page 21 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT 7.3.3.1 Power Output Correction FPt = Multiplicative correction factor for ambient air temperature (CEM GC DIAGRAM 4) FPp= Multiplicative correction factor for ambient air pressure (CEM GC DIAGRAM 6) FPh = Multiplicative correction factor for ambient air humidity (CEM GC DIAGRAM 5) Fp'P= Multiplicative correction factor for power factor (Alstom Diagram 5) FPH/C Multiplicative correction factor for hydrogen -carbon ratio (Alstom Diagram 6) FPN2= Multiplicative correction factor for nitrogen weight fraction (Alstom Diagram 7) FPCO2 Multiplicative correction factor for carbon dioxide weight fraction (Alstom Diagram 8) FPCP = Multiplicative correction factor for condenser pressure (Alstom Diagram 9) FPpHP = Multiplicative correction factor for pressure drop in HP steam from HRSG to ST (Alstom Diagram 10) FppdLP Multiplicative correction factor for pressure drop in LP steam from HRSG to ST (Alstom Diagram 11) FP,EVAP= Multiplicative factor to correct unit power output with evaporative coolers out of service to power output the unit would have with the evaporative coolers in service. (CEM GC DIAGRAM 7) FP DB = Multiplicative factor to correct unit power output for Duct Burner Heat Input Different than setpoint. (N/A) 7.3.3.2 Heat Rate Correction FHRt =Multiplicative correction factor for ambient air temperature (CEM GC DIAGRAM 4) FHRp = Multiplicative correction factor for ambient air pressure (CEM GC DIAGRAM 6) FHRh = Multiplicative correction factor for ambient air humidity (CEM GC DIAGRAM 5) FHR'P = Multiplicative correction factor for power factor (Alstom Diagram 5) FHRH/C = Multiplicative correction factor for hydrogen -carbon ratio (Alstom Diagram 6) FHRN2 = Multiplicative correction factor for nitrogen weight fraction (Alstom Diagram 7) FHRCO2 - Multiplicative correction factor for carbon dioxide weight fraction (Alstom Diagram 8) FHRCP Multiplicative correction factor for condenser pressure (Alstom Diagram 9) FHRpdHP = Multiplicative correction factor for pressure drop in HP steam from HRSG to ST (Alstom Diagram 10) FHRpdLP = Multiplicative correction factor for pressure drop in LP steam from HRSG to ST (Alstom Diagram 11) FHR,EVAP = Multiplicative factor to correct unit heat rate with evaporative coolers out of service to heat rate the unit would have with the evaporative coolers in service. (CEM GC DIAGRAM 7) FHR,DB = Multiplicative factor to correct unit heat rate for Duct Burner Heat Input Different than setpoint. (N/A) Malhnrg Generation Station 2010 Adjusted Contract - - - 412912010 Capacity Test per the PPTA-Revl: doc Page 22 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT 8.0 REPORTING REQUIREMENTS 8.1 The Test Director is responsible for notifying Test Representatives of all test activities. 8.2 The Test Director shall provide the Test Representatives with copies of the raw data collected during the tests immediately following the test. 8.3 A draft test report shall be prepared by the Test Director and issued to the Test Representatives within twenty (20) business days of the completion of the testing provided, fuel gas analyses have been completed at that time. The test reports will provide the following: a. Executive Summary b. Discussion of conduct of tests and conclusions including explanation of test variances c. Summary of Test Results d. Summary of Test Calculations e. Test Calculations (not imbedded in software models) and Correction Curves £ Data summary g. Copy of raw data collected (including printouts of automatically collected data, and copies of manual data sheets) h. Fuel Analysis Results i. Performance Test Instrumentation Calibration Sheets j. Final as -tested uncertainty analysis 8.4 The Test Director will resolve and incorporate any comments from the Contractor and the City of Vernon on the draft report and submit a hard copy of the final Performance Test Report to the Contractor within five (5) business days of receiving comments. Mnlburg Generation Station 2010 Adjusted Contract 412912010 Capacity Test per the PPTA-Revl:doc Page 23 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT APPENDICES A UNCERTAINTY ANALYSIS B 1) PRIMARY TEST MEASUREMENTS 2) DATA SHEETS 3) TEST MEASUREMENT DATA 4) TEST SCHEDULE 5) PRETEST CHECKLISTS/SYSTEM LINEUP 6) CYCLE ISOLATION LIST C 1) PLANT PERFORMANCE TEST MODEL 2) CORRECTION CURVES (DUCT BURNERS OFF / EVAPS OFF) 3) EVAPORATIVE COOLER DISPOSITION CORRECTION 4) CORRECTION CURVES (DUCT BURNER OFF / EVAPS ON) 5) CORRECTION CURVES (COOLING TOWER) D AUXILIARY LOAD LIST ("AUXILIARY LIST") Malburg Generation Station 2010 Adjusted Contract Appendices 412912010 Capacity Test per the PPTA-Revl.doc0 Page 24 of 84 McHale & Associates, Inc. Malburg Generation Station FOR: COLORADO ENERGY MANAGEMENT Rev. No. I APPENDIX A UNCERTAINTY ANALYSIS (Based on the 2007 Test) Malburg Generation Station 2010 Adjusted Contract Appendices 412912010 Capacity Test per the PPTA-Revl.doc0 Page 25 of 84 W (+1 co ODn N I-O(D rr I�Oc01� O(0 N,1� rr1�00�000 O(00 Oi0 (DNaO (07- N (DOI� O N (OM r r00000N 00 M r c00 (p 0 ti (OM NO(0 (D M� iOC CO000000000 (Mn n a 0 0 N N 0 1 N N 10 (D (O O (0000- O o O N O: l NiN l 0 (D i0 O f�(000.00 O O: 0 O Oi0 0 0 N N coq N N' (0 1CR 0 V' h N oD000000i0000 O O 0 0 O O 0 0 O 010 0 0 0 O O 0 0 O O 0 0 o N O) U 2- 0 0 0 N r r N N O O O,� N N O OIO 0 0 (COO IC 0 0 0 0 o O:O 0 0 0 0 r r AY' I J � -srO_MNOODn --(O b 'O OOOOcO NO)O 0 O n0(000O0�N M(00 N0000(O O,O aD 1� 7 M(O N O a1 W W N h rN N (0 000NN nd) N r C am Nc01� N m 0 (V O N O'0 (� (O�fV N N O O;O (C M r r N O N O O O00Nrc,! o 0 0 0 0 0 0 GO U , OOOM010000MO100;OOOCOONNO(OVN47 0:0 0 010 1D 0V. 0 0 (0 N O (O N O O I V' M R W N M W �p IL 04 (p ' V i0(D0 (O N -(C (C (C. 000r r NN N OMO�L,20O u71�r NNn ��op cq c0 �. 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O (00 N M;M O•0070000) 0 V' O O (D c O N O O O!O t (O O O N(o O O (o - 2 t V' d) (V o 0 _ �IW (V In co O CO 0 l() D) o h V M O .1 O OI0 O O N (o. )jd r r:0 (D n (` l m r O 7 c) ' (V O 0. O o o .- O m i c C i 7 7 d 3 E 7 3 E y y 0 LLILmL m LL C ` N yO j E E m 0 (OoE D = —omI —o 7; 7 w7.O UNo E E Jo m 0 a N m LL y LL,LL m j U- -0 -0 O LL U) (n N ! O OC1 yaaaa m> N N N Ni D7 U LL_NCmQ UiCL (D(D O UULLCNC NzEaUUaEUU3na - m mm aLL X X xU�m x oE E o o U moOo c pNLLQ Q Q OU CmVNU) � Coem 00 0N m V) U).(N HH oN—( 0 n U) 7ao7 0f (0 mmFo mNl{iidyCoo amoN ?(m0 -x =xcmO 00002MiU00()MiX �(nadULLLL�wNziNzzUz N 01 0 Q CD U McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT APPENDIX B 1) PRIMARY TEST MEASUREMENTS 2) DATA SHEETS 3) TEST MEASUREMENT DATA 4) TEST SCHEDULE 5) PRETEST CHECKLIST/SYSTEM LINEUP 6) CYCLE ISOLATION LIST Malburg Generation Station 2010 Adjusted Contract Appendices 412912010 Capacity Test per the PPTA-Revl.doc Page 28 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT APPENDIX B 1. PRIMARY TEST MEASUREMENTS Malburg Generation Station 2010 Adjusted Contract Appendices 412912010 Capacity Test per the PPTA-Revl.doc Page 29 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT PRIMARY TEST MEASUREMENTS Test measurements will be based on a combination of Utility, Precision Test, and DCS measurements. Measurements are classified as Primary and Secondary. Primary measurements are defined as those used to calculate test results. Secondary variables are measured variables that do not enter into the calculation of the results. They will be recorded if an electronic interface to the data can be established. Information Only variables may be recorded for the Test Director's information. Utility measurements are defined as those recorded at the Utility Fuel Gas or Electric Meters and Precision Test measurements are defined as those measured by precision instrumentation installed specifically for the performance test. DCS instruments (which may include gas turbine control system instruments as recorded by the DCS) are also shown in this section and identified by type of measurement. A test data acquisition system will be used to monitor the majority of test pressures and temperatures. The RTDs or Thermistors used to measure temperatures and barometric pressure transmitters will be monitored directly with a test data acquisition system. The sensors will be calibrated with the data system. Automatically monitored parameters will be recorded a minimum of once every one (1) minute. If the data acquisition system is not available for testing, parameters will be monitored manually and recorded every five (5) minutes. Primary measurements will be based on the following: • Plant net capacity will be based on the sum of the three measured generator gross power outputs less the measured facility auxiliary load for the 6900V bus. Power output may be measured using station equipment or precision test Power Meters. Gross electrical output for both gas turbines and the steam turbine will be measured with the Net Revenue Metering or with precision test Nexus 1250 power meters, or meters of equivalent accuracy. The expected accuracy of the meters, including PT's and CT's, is ±0.43% or better. Energy (kWh) readings, and the exact times the readings are taken, will be used to calculate the test run average gross output using the following formulation: Power (kW) — (End kWh) — (Start kWh) OTime (hours) The Test Auxiliaries will be aggregated from measurements taken on the DCS or from calculation from manual measurement of voltage and current. The facility fuel gas flow rate will be based on the installed plant gas flow metering sections located at each CT. These flows will be determined as follows: Malburg Generation Station 2010 Adjusted Contract Appendices 412912010 Capacity Test per the PPTA-Revl.doc Page 30 of 84 `McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT • CT fuel flows will be measured from the mass flow rate at each station coriolis meter, as recorded manually at the transmitter. The coriolis meter mass totalizer data will be recorded for the test along with the time for calculation of flow rate. Fuel pressure and temperature at the coriolis meter will be measured with station instrumentation. A stringent flow calculation routine based on the "Flow Measurement Engineering Handbook" and ASMEASO standards will be utilized to calculate flows for performance testing. Fuel flow uncertainty will be based on applicable AGA / ASME standards. The fuel gas properties will be calculated from a compositional analysis of the fuel samples taken during the test. , This is a Primary measurement. Heating value will be calculated in accordance with ASTM D3588 and PTC 22 - 1997. Two (2) gas samples will be collected at the beginning and end of each thirty (30) minute test run. If the test runs are performed consecutively, the overlapping samples may be shared between test runs. All fuel samples will be sealed and labeled. One (1) of the two (2) gas samples collected at each sampling time will be sent to Texas Oil Tech for analysis and one will remain at site as a referee until analyzed samples are reviewed and deemed acceptable. • Power Factor will be measured using the installed station instrumentation or with precision power metering, if elected by the Contractor. Barometric pressure will be measured using a precision Rosemount Absolute Pressure Transmitter, located near the inlet to the Gas Turbine. The measurement will be accurate to 0.075%. • The ambient air dry bulb temperature at the inlet to the gas turbines will be measured using calibrated temperature sensors at twelve (12) points upstream of the inlet evaporative coolers on each CT six (6) on each inlet face, located to obtain a valid average of the inlet air temperature. The sensors will be accurate to + 0.26°F of reading. The ambient air relative humidity/wet bulb temperature will be measured using two (2) mechanically aspirated psychrometers per CT, located near the CT inlet, and upstream of the inlet evaporative coolers. • Condenser shell pressure will be measured using one (1) calibrated test Rosemount absolute pressure transmitter. The measurement will be accurate to 0.075%. Malburg Generation Station 2010 Adjusted Contract Appendices 412912010 Capacity Test per the PPTA-Revl.doc Page 31 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT HP steam pressure drop will be determined as the difference between the station measured HP steam pressure at the HRSGs and the station measured HP steam pressure at the steam turbine. Signals from these station meters are fed into the control system and will be recorded by the station DCS. The average HRSG HP steam pressure will be based on DCS points H11_PIC LBA50CP002 and H21_PIC_LBA50CP002, and the HP steam pressure at the steam turbine will be based on DCS point STG.LBA20CP005. LP steam pressure drop will be determined as the difference between the station measured LP steam pressure at the HRSG and the station measured LP steam pressure at the steam turbine. Signals from these station meters are fed into the control system and will be recorded by the station DCS. The average HRSG LP steam pressure will be based on DCS points H11_PIC LBA20CP002 and H21_PIC_LBA20CP002, and the LP steam pressure at the steam turbine will be based on DCS point STG.LBA30CP010. Cooling tower wet bulb temperature will be measured using two (2) mechanically aspirated psychrometers. Malburg Generation Station 2010 Adjusted Contract Appendices 412912010 Capacity Test per the PPTA-Revl.doc Page 32 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT APPENDIX B 2. DATA SHEETS (The data sheets shown in this section will be updated prior to the test to reflect the actual instrumentation setup, station panel reading layout, and number of manual data takers) Malburg Generation Station 2010 Adjusted Contract Appendices 412912010 Capacity Test per the PPTA-Revl.doc Page 33 of 84 LLI H F- Ia- F- U W c a> E a) rn m c m to a � 2 �U c 0 W O a p `o O U rn L a rn L' rn cm am cm cm rn 0) LL 0)rn LL a a a a a a N E F- m N E F- r (a 16 E H as U) N E I — as N E F- O a) E I— m N E 1— m N O N Q to 2 N a E a% m D_ 0. 0 F- C a) i N c c O t a) N 3 C N 7 N 7 VJ tll 0) .0 Q. 7 7 a) N a) N E E as J m i V N f�`0 N N a a d Q a m (a J a) Q Q E E a cL � � 0 N N w d N ca CD a7 m fa i 6 O 7 d F- a � _N (2 V) a) C N C U U m > m > Y Y Co > > CL = a CL = of � o o E'° LL LL LL LL N N F-- F- C C 0) � 0 (7 (7 (7 U) co (n U) w m a O c o c c m N a7 o am U I ol U 1 1:1 2 I 2 I = (D I U) I U I ol 1 2 M I lzcl� a co w 0 MAO ' ui m A U O w Q a) 16 2 U LLI F- F- 0' H CD F- 0) W F- 0 O J F- W F- F Z CO w Q L 2 2 2 2 N N F- F- m co cn cf) CD E E P F- t! if m m U) U) ui ui E E F- I- l0 N U) cf) N N E E F- F- V- if m m co U) E E F- F- .0. .O. N N E E F- F- f6 f0 U N N N E E F- F- f6 f6 U U) h M it C i C i O N - N o C 10 cm c C � c Ei E o p Q Q N Q' N N N N f6 � N N N Y N i N t6 W N f0 l0 Of f6 F- o F- o +(0 aEi N O LL N .o O E: o "o U P. U 1- 2 Z � v w 0 \ \ 4 ± a ± . d } } E E a f f. . U) . .. . . E E . c / / ] k k e e ) ) CO e \ k / / E E \ \ e m E E r / J k k . V- / / \ \ k 2 d \ ' % cm' # cm [ / k � § § o ® a)o ® ƒ d d � e k . / b ] ) c ] . 12 d 2 § Q . ■ % E . , % E 2 % e © . % e © ) ) ) / d. / / d. k . / k k k J 4 2 \ � j ) / k k � § § d rn as 0 U c U ro c U Q c U LO CD H O O W Q N N Q 00 O N Or W a pNp g CN CS W a U U) W Q U co _ M O O N C m i+ m O. E a7 LL. m LL fl a E 7 0` N ca 0 N a U O J 0 U) D N U CL 7 a O a� 7 r U Q 7 a O a) 7 r U CL 7 n. O 0) J N U 2 7 d O-2_ a) -0 J N U y O ° U U N O O ° U N C7 U r 0 a.d .0 N 3 c 2 M C, � c _ Q U a x a Q U x Q a 2ca U d x Q - E d � (9 O 2 m a� p m U) I 0 O 2 m � p m CO I IZ Y m N m A U N Q 06 0 ca 2 U Colorado Energy Management Auxiliary Status List NAME: SIGNATURE: DATE: Description Tag ON / OFF (Circle One) Steam Turbine STG Lube Oil Conditioning Pump MAV16-AP005 ON / OFF STG Lube Oil Vapor Fan 31-MAV10-AE005 ON / OFF STG Hyd Oil Pump A 31-MAX10-AE001 ON / OFF STG Hyd Oil Pump B 31-MAX22-AE001 ON / OFF STG Off Line Filter Pump 31-MAX71-AE001 ON / OFF STG Turning Gear Motor 31 -MAK40-AE01 0 ON / OFF STG DC Emerg Lube Oil Pump ON / OFF STG Gland Steam Condenser Fan 01-NAM10-AE005 ON / OFF STG Generator Heater 31-MAK10-AH005 ON / OFF STG Lube Oil Tank Heater 31-MAV10-AH005 ON / OFF STG Hyd Oil Tank Heater 31-MAX10-AH001 ON / OFF STG Ventilation Fan # 1 31-S4S10-AE005 ON / OFF STG Ventilation Fan # 2 ON / OFF STG Ventilation Fan # 3 ON / OFF STG Ventilation Fan # 4 ON / OFF STG Jacking Oil Booster Pump 31-MAV80-AE010 ON / OFF CTGs ON / OFF Stack Damper Actuator A 11 HNA70AA001 ON / OFF Stack Damper Actuator B 11 HNA70AA001 ON / OFF CTG Lube Oil Mist Fan A - 1A ON / OFF CTG Lube Oil Mist Fan B - 2A ON / OFF CTG Lube Oil Mist Fan A - 1 B ON / OFF CTG Lube Oil Mist Fan B - 2B ON / OFF CTG Lube Oil Vent Fan Motor ON / OFF HRSGs ON / OFF HP FW Pump A 01 LAB51AE001 ON / OFF HP FW Pump B 01 LAB52AE001 ON / OFF HP FW Pump Motor Heater A 01 LAB51AH001 ON / OFF HP FW Pump Motor Heater B 01 LAB52AH001 ON / OFF HP Startup Vent Valve 11 LBA50AA402 ON / OFF HP Intermittent Blowoff Valve 11 HAD50AA211 ON / OFF HP Main Steam Stop Valve 11 LBA50AA003 ON / OFF HP Main Steam Stop Bypass Valve 11 LBA50AA010 ON / OFF HP FW Stop Valve 11 LBA50AA002 ON / OFF SH Spray Block Valve 11 LAE50AA001 ON / OFF HP Cont Blowdown Stop Valve 11 LCQ50AA001 ON / OFF SH Spray Drain Valve 11 HAH52AA202 ON / OFF HP Sat Steam Drain Valve 11 HAH53AA202 ON / OFF HP Drum Level Gage Illuminator 11HAD50CL004 ON / OFF HP Drum Level Gage Illuminator 11HAD50CL005 ON / OFF HP Hydrastep Drum Level Gages 11HAD50CL006 ON / OFF LP FW Pump Motor Heater A 01 LAB21AH001 ON / OFF LP FW Pump Motor Heater B 01 LAB22AH001 ON / OFF CEM-ManDataSheets Rev0.xls McHale & Associates, Inc. 7%/%Ol of 84 Colorado Energy Management Auxiliary Status List NAME: SIGNATURE: DATE: Description Tag ON / OFF (Circle One) LP Startup Vent Valve 11 LBA20AA402 ON / OFF LP Intermittent Blowoff Valve 11 HAD20AA211 ON / OFF LP Main Steam Stop Valve 11 LBA20AA003 ON / OFF LP FW Stop Valve 11 LBA20AA002 ON / OFF LP Cont Blowdown Stop Valve 11 LCQ20AA001 ON / OFF LP Main Steam Drain Valve 1 11 LBA20AA202 ON / OFF LP Main Steam Drain Valve 2 11 LBA20AA206 ON / OFF LP Hydrastep Drum Level Gages 11 HAD20CL006 ON / OFF DA Lowering Drain Valve 11 LAA90AA005 ON / OFF Blowdown Pit Transfer Pump 1A (E) 11LCQ81AE001 ON / OFF Blowdown Pit Transfer Pump 1 B (W) 11 LCQ82AE001 ON / OFF Blowdown Pit Sump Pump 1 01-P-3610 ON / OFF Oil Water Sump Pump 2 (Should be 1) 01-P-3420 ON / OFF Blowdown Pit Transfer Pump 2A (E) 21 LCQ81AE001 ON / OFF Blowdown Pit Transfer Pump 2B (W) 21 LCQ82AE001 ON / OFF Blowdown Pit Sump Pump 2 01-P-3620 ON / OFF Oil Water Sump Pump 2 01-P-3420 ON / OFF SCR1 Hoist Control Panel ON / OFF SCR2 Hoist Control Panel ON / OFF Duct Burner, Scanner Air Blower A ON / OFF Duct Burner, Scanner Air Blower B ON / OFF Ammonia Vaporizer A ON / OFF Ammonia Vaporizer B ON / OFF Ammonia Pump A ON / OFF Ammonia Pump B ON / OFF Scanner Cooling Fan 1A (E) 11 HJQ11AE001 ON / OFF Scanner Cooling Fan 1 B (W) 11 HJQ12AE001 ON / OFF Scanner Cooling Fan 2A (E) 21 HJQ11AE001 ON / OFF Scanner Cooling Fan 2B (W) 21 HJQ12AE001 ON / OFF Ammonia Vaporizer Blower A ON / OFF Ammonia Vaporizer Blower B ON / OFF Ammonia Supply Pump A 01 HJS50AE001 ON / OFF Ammonia Supply Pump B 01HJS51AE001 ON / OFF Ammonia Truck Unloading Pump 01 HJS10AE001 ON / OFF CEM-ManDataSheets Rev0.xls McHale & Associates, Inc. 71Q0'W f 84 § 5 \� 2/ I% &2 » wk km $ 0 \| \ � I / ƒ § j � f k k } k ] \ � / / k k t . / / E : E . / /cc / ƒ / / ] E E . m � cc . / \ k � F- / CO E E F- � / Cl) m m } / \ § / 0 f j 0 f - , § § § . ƒ ƒ )a l i }\ a � k k < 4 0 LU Q H o H Z U g w i- a c a) E a) w O) � m � Co Co Om � O >, Q m E w U O fn mm C9 O O U CD E _N Q. E m U) it 0 0 0 CO MI I I CO az E a) Q. E m U) m m m E H m O. m Cl) N N N O O O m m m w a) E m U *k k k (D 0 a) 0 m o o Cl) m m m U m a) O G m CO C O = Q. L N a) L OQ .0Q) L -0 L .G .Q Q w p E E E a) a) a) c � E m E a) E i a) O O H O F- E cu m a) O) C m a) D) m a) O) G a) —ami E E E I] E E E a) E m U) m U) ca m U) m CO m U o m Z cn McHale & Associates, Inc. Malburg Generation Station Rev. No. I FOR: COLORADO ENERGY MANAGEMENT APPENDIX B 3. TEST MEASUREMENT DATA Malburg Generation Station 2010 Adjusted Contract Appendices 412912010 Capacity Test per the PPTA-Revl.doc Page 42 of 84 C C) C N C N C C1 C C) C C1 m > 7 N > 7 C1 > 7 W > 7 C1 > �7 m > C/ C) C) N N Cl (D U O O O O O O O N N N C1 C) N N p N N N N N N N 0 o o 0 0 o a E a a a a a a Q a 0 v1 0 w o LO 0 Un 0 u1 0 1n c w N N_ N_ N_ N_ N_ y, W 7 N 7 N 7 f/1 7 N 7 N 7 x w x d x a� x m x o x v E Z Z Z Z Z Z p N V7 N N N N tll N N N N Ul a N a N a N a Gl a C/ CL Ul a N a Gl a C1 a N a H H F Fo H F m EEEEEEEEEEE 0 'N 0 'N 0 'y 0 'N 0 'N 0 u m U) N m U) m U m co N m co m U m U as U m U m U W m co N U W U N U d U W U N An U N l0 U N `p Gl `O fG �� C7 m C7 w Ur C1 Ur m CS 0 w C7 0 C7 w Ur mN 0�� m C7 N C1 0 a d a. a a a°_ E o 0 0 0 0 0 0 0 0 0 0 O O O O O O �C` C C1 VJ C O (n N •w N 0 f/1 •w dl .N N N. N y Vl N 0 .N Ip N N •c V1 fN 0 Y N N Ul N N N .O+ y Y i C) Ca I� 7 W 7 C7 C a fG C a lG C Q CI G a f0 C a lQ C a lG C a f0 C a C7 C a fG C a (C C a 0 7 C N 7 C L U t U L L L L L L L L .0 C) -C) N N CI C1 .O N a O 1N a C/ 01 U C1 U C1 U C1 U N U N U C1 U C1 U 0 U 0 O O O O O O O N O N ~~~~~~ F• F• F• ~ F' w a s a a a o D F- U a F- 0 0 0 0 0 0 0 0 0 0 0 W C O C O C O C O C O C O C O C O C O C O C O C O Vl N Vl tl1 W N N C1 N N N F 0 Z C1 fn tya fA C7 fn C7 (n C1 (n (6 co (n V 6 fn (n C) fA W fA g fA m fA C1 X H m x FO- m X H W x H m X H C7 x F C7 x F CS X I� C7 x F� W X Fes• fG X F z 0 H 0 7 7 a. v m ar m W ° a 0 0 v CL w N CL o Z aEi o g 0 O O `w `o `0 m V E o o t 3 3 y ii u a 7 a o LL o LL a o LL o LL o u 'C c U7 y E w? E g O . 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U C �O 0E U NN Z 0i 7 N E 7 0 CL rzzzzzzzaazzz m zaazzzzzzaz o E E E E wwm E E E E E E E E m E m E m E w E m E m E m E m E m E aa`a`a`a`a`a..a .E LLa`a`cLa`aa` .E ,E aaa`aaaa`a`aaa` a co w 0 M 00 J O d O N N n N J N C N N Chi w d N N 3 m w a) UM `o `0 0 `0 `o `o C co C rn C m C co C m C m C t d (0 W l0 W lO W N W l0 W (0 W .0 m W L m W A m W 9 m W d m W A m W L m W a m O C O W a W a N a W a W a W a m w f0 m '1° m .i .> .m .m '10 m E E E E E E y ui n m m W m m m m y o o E U) FW- f� H H H H C C C C C C n C C E N @ N N W F- N F- 0 F- O O O O O O O O C p F' C C C C C C U U U U U U U C_ W 7 yU O 'N O y O .y O .N O .N 'U �ypO 'U C O C O O C O O C O O C O O C O O C O O C O W 7 E UUU IC !C f0 6 (0 114 l0 16 y N W N a a. a` a` a a. a` m m m m a. 45 N N N N N N Vl y0 O O O O O O O O O O O O S W W UI N W W O O O O O O O O y y y y y. y W Ul y y y y a E E E E E E y y y y y y y y aa 00 C W U) C W U) C W CO C W (n C W U) C W U) C W U) C W U) C W U) C W U) C W CO C W U) a O L O L O L O L O L O L C W U) C W (n C W U) C W CO C W U) C W U) C W U) C 0 co U a U Loa o ao E T p a- (Uy (() O 7 N 7 N N 7 N 7 N 7 N 7 N. 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Cl) a C :o U) a V1 a C a O E '+U-• `w 0 E a E a E a E a¢ E E aaaaaa E E E E E E a m E a E a E a E°° a~ F o U o U o U o U o U o U 0 U 0 U y 2 2 J J 7` g «E o N N N N N N C W N N O) C M C .- N N N N C W (� N 0 F- E �- U' N U' F- E (7 U C7 C� C7 C9 C7 U (7 U C7 C7 C7 C� C� (7 o O C� C7 C7 C7 C� U C7 C7 c U) co m co co m m N U U U F U F- U F U F- U F- U F- U F- U F- U F- U F- U F- U F- U F- U O U O U F- U F- U F- U F- U F- U F U F- U F- U O U m 2 m 2 W U) 2 0_ 2 W U) o O M U c M o .N m m m m m m m m m m m y m m m N m F- N(n F- F- V' F- F- N F- Cl) F d' F- fyn N N y W y W m y_ Q ❑❑❑❑❑❑❑❑❑❑❑❑ a�mi N U U U U U U U U y a a W a a p L C m E F- N fn N N !n Vl i Ol N N N Vl a Vl Vl N y m m in N fA fn N N fn N w a = a a 'a 2 m F F F F- F- F- F- F- F F- F- F- c F- F- F- F F- F F F- F- F- F- F- N d J N aa.. .� W y E C7 C7 f7 U (7 C7 N C7 N C7 N U' N U N U N C9 W a C7 C7 N f7 N C7 `W 3 3 U C7 C7 TU' U U C9 C7 c c (n w (g N m (� S : m U U U U F- U U U U U U U E F- F F- F- o o F- F- F- F- F- F- F- F- W o a: a' F- m y U a U U U U F- F- U U U U U U U U U 2 2 V) 2 2 U) E N a m 2 c E E In` ami 0 c E F' W CL 2, Z• Z' Z` Z' �` Z` �` Z` r m W Z,v o O y 2 Z Z Z Z Z Z Z Z.Z Z Z Z Z Z Z Z m c m c m c m c m c m c m c m c m c m.LD c Z Z Z Z Z Z Z m Eon m m m m m m m m m m m m m m m m m o 0 0 0 0 0 C 0 0 o WEE o a a` m m a` a` a a a` m a` a` a` cL a` m m a` W (n W (n m w U) m (n U) (n U) o a` a` E EL E a` E a` E a` E a` c a co 0 0 :3o 0 do N m(n C.N y U! N •U 0 U) U) Q od Qi l6 2 U 2 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT APPENDIX B 4. TEST SCHEDULE Malburg Generation Station 2010 Adjusted Contract Appendices 412912010 Capacity Test per the PPTA-Revl.doc Page 45 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT MALBURG GENERATION STATION PERFORMANCE TEST SCHEDULE Unit Performance Test Target Date 1) Minimum 1 hour of stabilization To Be Announced 2) CT1, CT2, and ST at 100 percent load, evaporative cooling on, duct firing off Malburg Generation Station 2010 Adjusted Contract Appendices 412912010 Capacity Test per the PPTA-Revl. doc Page 46 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT APPENDIX B 5. PRETEST CHECKLISTS/SYSTEM LINEUP Malburg Generation Station 2010 Adjusted Contract Appendices 412912010 Capacity Test per the PPTA-Revl.doc Page 47 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT MALBURG GENERATION STATION Performance Test A. PLANT OPERATION • Plant at correct Load point • Duct Burners Firing as applicable • Inlet evaporative coolers in service • Inlet evaporative coolers out of service if weather prevents operation with evaporative coolers in service • Plant not in AGC Control • Plant emissions in compliance with pertinent regulatory permits • Water Chemistry in Spec. B. SYSTEMS IN AUTOMATIC • Plant operating at appropriate load control • Cooling systems • Fuel Supply systems • Non -operating pumps in normal standby mode C. SYSTEMS NOT IN OPERATION (during performance test runs) • CTG water wash systems • AGC Control D. CTG CHECKOUT (prior to testing) • Off-line water/detergent wash and internal inspection (as directed by Test Coordinator). • Inlet filters cleaned. E. DATA COLLECTION F. F. • DCS Data acquisition systems active • Manual data forms available • Local test instruments inspected (power, isolation, ladders etc) • Manual data takers assigned and available • Access authorization & keys available for data takers (Utility if Req'd) • PEMS printouts (if certified); otherwise certified portable CEMS TEST PERSONNEL • Test Coordinator • Startup Manager • Plant Operator • DCS Support TEST PERSONNEL (continued) Malburg Generation Station 2010 Adjusted Contract Capacity Test per the PPTA-Revl.doc Appendices 412912010 Page 48 of 84 McHale & Associates, Inc. Malburg Generation Station FOR: COLORADO ENERGY MANAGEMENT • Data Collector: Electric • Data Collector: Fuel Gas • Data Collector: CTG • Data Collector: BOP • Fuel Sample Collector: • Emissions Data • DCS Data • Temporary Construction Facilities Power Measurement (if applicable) • Construction Manager Witness G. TEST PROTOCOL • Malburg Generation Station Performance Test Procedure H. PRETEST ISOLATION CHECK LIST • Confirm PLANT OPERATION as shown above • Confirm AUTOMATIC SYSTEM OPERATION as shown above • Confirm PLANT SYSTEM LINEUP per Attached Table • Confirm SYSTEMS NOT IN OPERATION as shown above • Confirm CTG CHECKOUT as shown above • Confirm DATA COLLECTION as shown above • Confirm TEST PERSONNEL Available and Briefed as shown above I. TEST DIRECTION Rev. No. 1 • Test Coordinator confirms stable operation per the Test Procedure criteria. • Test Coordinator notifies Data Takers, Owner Witness and Operator and declares start of test. • Test Coordinator observes operation and confirms Data Takers are recording the required data (including fuel samples). Test conducted in accordance with the Test Procedure Revision dated Signature: Date: Contractor Signature: Test Director Malburg Generation Station 2010 Adjusted Contract Appendices Capacity Test per the PPTA -Rev]. doc Date: 412912010 Page 49 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT APPENDIX B 6. 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O O p N YI 2 m m v p§ N W p� W W u W W O O W W O u W W 0 0«« W W t4 cR tg v f0 N N N M N N W ❑ a x E W= a a S x a s S 2 a a x x a a x x a a 2 x m m x x m m x x a a x x a a x x fn N a a J J W a a J J m W a a J J W W a a J J LL a J a m M x a a x x a a x x a s x S a a S S m a x x a a x x W UJ a a J J CO W a a J J W W a a J J a x E W (q a a a J J J E A W W C^ E 2 c c N N c c C M o c M Y c c V 10 c c �O c 3 E M d E c o N N c c* .E E E c N c c N M c c M M c c V V o 0 W W 0 o_W E E W-�.c N N M c c E E E W W W W a_ >> 0 0 0 0 0 0 x i> 2 y6,5 _ = ___= aaaa S x x x = a x a a x x a a x x a= x a J a a a J J a a S x a a x a a x x a a x x a a x S a a x x a a x x a a J J a a J J a a J J y a N S a a a J J J N M v W W 1 m m O M N N M Q m a w 0 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT APPENDIX C CORRECTION CURVES AND DATA The Correction Curves _presented in the following section are based on a specific correction methodology, encompassing specific equipment, and using Plant Design data. As such these curves were produced at an operation point that may not reflect the current operation of the plant. Since the correction curves are being used at the behest of both parties to the test, these curves have been included. McHale & Associates makes no guarantees as to the validity of the correction curves provided herein. Malburg Generation Station 2010 Adjusted Contract Appendices 412912010 Capacity Test per the PPTA-Revl.doc Page 52 of 84 McHale & Associates, Inc. Malburg Generation Station Rev. No. 1 FOR: COLORADO ENERGY MANAGEMENT APPENDIX C 1. PLANT PERFORMANCE TEST MODEL The Plant Performance Test Model corrects plant output and heat rate for variations in plant performance due to ambient air temperature, barometric pressure, ambient air humidity, power factor, hydrogen -carbon ratio, nitrogen weight fraction, carbon dioxide weight fraction, and condenser pressure. The corrections are based on polynomial curve fits of the correction curves given in the Alstom Site Performance Guarantees Correction Procedure. Malburg Generation Station 2010 Adjusted Contract Appendices Capacity Test per the PPTA-Rev1.doc 412912010 Page 53 of 84 Colorado Energy Management Calculation Model Outputs �7 1-11'.�M Calculation Inoud Electrical Power Data Measured CTG1 Gross Power Output (RaTr) kW 42,165 42,668 42,60 42,637 Test Measured Value Measured CTG2 Gross Power Output (%TO kW 42,165 41,421 41,439 41,430 Test Measured Value Measured STG Power Output (FAT) kW 55,040 49,960 49,894 49,927 Test Measured Value Measured Aux Power Consumption in OEM Scope (Paux) kW 1,280 997 998 997 Test Measured Value Measured Net Power Output (Pmeas) kW 138,090 _133,052 132,941 132,996 Calculated Value;_ @rr1+PGT2+PsT-Paux Fuel Data Measured CTG1 Fuel Flow Ibthr 19,812 19,422 19,38 19,403 Test Measured Value Measured CTG2 Fuel Flow Ib/hr 19.812 19,146 19,146 19,146 Test Measured Value Measured HRSG1 Fuel Flow Ib/hr 3,603 2,916 2,896 2,906 Test Measured Value Measured HRSG2 Fuel Flow Ib/hr 3,603 2,900 2,90 2,901 Test Measured Value Total Plant Fuel Flow Iblhr 46,830 44,384 44,328 44,356 Calculated Value Fuel Lower Heating Value (LHV) Btu/lb 20,518 20,843 20,852 20,848 From Fuel Lab Composition Fuel Higher Heating Value (HHV) Btu/Ib 23,115 23,125 23,120 From Fuel Lab Composition Heat Input (HI) Btu/sec 266,900 256,970 256,758 256,864 Calculated Value Ambient Data _ Barometric Pressure (BP) Pala 14.600 14.712 14.709 14.710 Test Measured Value Ambient Wet Bulb Temperature (WB) Deg F 62.51 51.08 61.22 51.150 Test Measured Value Ambient Dry Bulb Temperature (DB) Deg F 75.00 63.93 64.2 64.089 Test Measured Value Ambient Relative Humidity (RH) % 50.00 40.03 39.53 39.831 Calculated Value Ambient Specific Humidity (SH) lb/lb 0.0093 0.0050 0.0051 0.005 Calculated Value Turbine and Control System Data Power Factor PF 0.900 0.997 0.997 0.997 Test Measured Value Corrections to Electric Outo u Measured Net Power Output (Pmeas) kW 138,090 133,052 132,941 132,996 P-,+P,,z+PsrPaux Ambient Air Temperature Correction to Output - 1.0000 0.9745 0.9751 0.9748 FP Barometric Pressure Correction to Output - 1.000C 0.9933 0.9934 0.9934 Fpp Ambient Air Humidity Correction to Output - 1.0000 1.0004 1.0004 1.0004 FpH Power Factor Correction to Output - 1.0000 0.9985 0.9985 0.9985 Fp,P Hydrogen/Carbon Ratio Correction to Output - 1.0000 1.0008 1.0008 1.0008 Fp, Nitrogen Weight Fraction Correction to Output - 1M0000 OM9999 0.9999 0.9999 FPN2 Carbon Dioxide Weight Fraction Correction to Output 1.000 0.9994 0.9994 0.9994 Fpco2 Correction Factor for Predicted Condenser Pressure to Output - 1.000 0.9997 0.9997 0.9997 FP Correction Factor. for HP Steam Pressure Drop to ST to Output - 1.000 1.0000 1.0000 1.0000 FppdHP Correction Factor for LP Steam Pressure Drop to ST to Output - 1.000 1.000 1.000 1.0000 FPPdHP Correction Factor for Evaporative Coolers Out of Service 1,000 1 .0250 1.0250 1.0250 FP, sv" Duct Burner Flow Correction 1.000 1.0219 1.0222 1.0220 FP, Cs Total Power Output Correction Facto - 1.000C 1.0126 1.0137 1.0131 Product of above factor! Corrected Net Power Output (Pcorr) 138,090 134,727 134,756 134,742 Pmeas x n FP Ambient Corrections to Electric Heat Ral Calculated Heat Input (HI) Btu/sec 266,900 256,970 256,758 256,864 Calculated Value Measured Net Heat Rate (HRmeas) BtulkWh LHV 6,958 6,953 6,953 6,962.89 HI x 3600 / Pdaa, Ambient Air Temperature Correction to Heat Rate - 1.000C 1,0003 Im0004 1.0003 FHRr Barometric Pressure Correction to Heat Rate - 1.000C lm0004 1.0004 1.0004 FHRp Ambient Air Humidity Correction to Heat Rate - 1.000C 0.9996 0.9996 0.9996 FHRp Power Factor Correction to Heat Rate 1.0000 1.0015 1.0015 1.0015 FHR, Hydrogen/Carbon Ratio Correction to Heat Rate 1.0000 0.9998 0.999k 0.9998 FHRHrc Nitrogen Weight Fraction Correction to Heat Rate - 1.0000 1.0000 1.000 1.0000 FH1H2 Carbon Dioxide Weight Fraction Correction to Heat Rate - 1.000C 1.0001 1.0001 1.0001 FHRCO2 Correction Factor for Predicted Condenser Pressure to Heat Rate - 1.000 1.0003 1.000 1.0003 FHRCP Correction Factor for HP Steam Pressure Drop to ST to Heat Rate 1.000 1.0000 1.000C 1.0000 FHRP- Correction Factor for LP Steam Pressure Drop to ST to Heat Rate 1,000 1.000 1.000 1.0000 FHRPdHP Correction Factor for Evaporative Coolers Out of Service 1.000 0.9977 0.997 0.9977 FHR,EVW Duct Burner Flow Correction 1.000 I - 0060 1.0061 1.0061 FHR,DB Total Heat Rate Correction Facto - 1.000C 1.0066 1.0051 1.0058 Product of above factors Corrected Net Heat Rate (HRcorr) Btu/kWh LHV 6,958 6,992.9 6,993A 6,993.16 HRmeas x l7 FHR Corrected Raoults Corrected Net Power Output (Pcorr) kW 134,727 134,756 134,742 Corrected Unit Net Heat Rate (HRcorr) Btu/kWh LHV 6,992.9 6,993.4 6,993 McHale & Associates 7125/2008 Page 54 of 84 McHale & Associates, Inc. Malburg Generation Station FOR: COLORADO ENERGY MANAGEMENT Rev. No. 1 APPENDIX C 2. CORRECTION CURVES (DUCT BURNERS OFF / EVAPS OFF) Malburg Generation Station 2010 Adjusted Contract Appendices 412912010 Capacity Test per the PPTA-Revl. doc Page 55 of 84 LL 7 0 a+ � L d Q. a O O O F- V C > CD E 0 O Q m > W N Q LC U. 00 LL L C d O E c.i m L V U G 0 ca CD oco aa) d 2 I I O NN O O O O L() co U. O v d COLO 3 ti d sZ O E 12 LO +, CO = d O QC G Q LO LO O to LO o _ U) CM O M 0 0 0 0 0 0 CD C) C) C) CD C)O O C)O C)O C)O CD O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 O O O O O O O O O O O O O O O O O O O O O O O N r- O C) CO I- CO LO , CM N O CA 00 CO V) d' cn N O O O CA CA O 6) C) CA CA O 0 0 0 0 C) O O O O O (-) pope j u01430noo 00 W W n w n N o n ai G M N C? 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