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Enron Mail |
Bart,
I will try my hardest to take care of this today. We have a mandatory offsite from 9:00-1:00 today (fyi). I can't tell you how glad I was to see this message because I am working on another Law Gibb PSA and related tasking letter on a Florida sitre and did not know that there were certain requirements to be met to fit within TurboPark. Barton Clark@ECT 02/08/2001 06:25 PM To: Kathleen Carnahan/NA/Enron@Enron cc: Herman Manis/Corp/Enron@ENRON Subject: Re: Stone and Webster/Black & Veatch/Other Development Agreements Can you organize the Law Gibb Professional Services Agreement and amendments thereto and the related Law Gibb Tasking Letter (s) and amendments thereto and send them to Herman? I also gave you my FP&L interconnection file, and I believe the agreement referred to by Herman is in there, so if you would please send him that as well. Please send him copies as he likes to mark on things. Thanks. ----- Forwarded by Barton Clark/HOU/ECT on 02/08/2001 06:20 PM ----- Herman Manis@ENRON 02/08/2001 04:49 PM To: Barton Clark/HOU/ECT@ECT cc: Lisa Bills/Corp/Enron Subject: Re: Stone and Webster/Black & Veatch/Other Development Agreements I need to see the Law Gibb DSA & Tasking Letter and the FP&L Interconnection Study Agreement. Barton Clark@ECT 02/08/2001 04:43 PM To: David Fairley/HOU/ECT@ECT, Mathew Gimble/HOU/ECT@ECT, Bruce Golden/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Darrell Stovall/NA/Enron@Enron, George McCormick/HOU/ECT@ECT cc: Lisa Bills/Enron@EnronXGate, Catherine Clark/Enron@EnronXGate, Roseann Engeldorf/Corp/Enron@ENRON, Herman Manis/Corp/Enron@ENRON Subject: Stone and Webster/Black & Veatch/Other Development Agreements Attached are Turbo Park and accounting "approved" forms of the Technical Design Services Agreement between FPRP and Stone & Webster ( TDSA) and the Agreement for Professional Engineering Services between FPRP and Black & Veatch ( B&V Agreement). Each form has to now be fashioned to reflect the business deal/payment terms/etc. Note that the Scope of Work on the TDSA underwent substantial modification to conform with 97-10 requirements, and the attached draft Scope of Work only deals with the Facility ( as defined in the TDSA ), and not the "improvements" ( which term was included in the draft Tasking Letter from which the Scope of Work was fashioned).I assume we will need to "clone" this TDSA except for a different Scope of Work description to deal with such "improvements" other than the Facility ( ie, I assume these are the King Plant improvements). The TDSA is calculated to put as much of the Turbo Park-approved EPC in front of Stone & Webster at the earliest possible date, so that the amendment and restatement of the TDSA to make it a full blown Turbo Park EPC Contract will be more straightforward. Right now, it is contemplated FPRP would assign its interests as Construction Manager under the TDSA to ENA, and the TDSA would be concurrently amended and restated as set forth above, both at the time the FPRP goes into Phase II of Turbo Park. At the time FPRP goes into Phase I of Turbo Park, I believe the TDSA can remain an FPRP obligation ( like any other development agreement signed by a project entity that is subsequently transferred into Turbo Park). Since the TDSA now only involves soft cost expenditures, FPRP can sign it as soon as it is negotiated and agreed by Stone & Webster and before it goes into Phase I of Turbo Park. The B& V Agreement, which was modeled on Black & Veatch's agreement with FPUA, also can be signed prior to going into Phase I as soon as it is negotiated with Black & Veatch. Like the TDSA, there are commercial terms that need to be added. It was modeled on the FPUA Black & Veatch Agreement because that should speed negotiation with B & V on its terms, and we may want to assign the B & V Agreement to FPUA ( and they too would be comfortable with its terms). My understanding is that FPUA is supervising the transmission work and will be driving the design and engineering of the transmission facilities, so it may make sense for FPRP to assign the B & V Agreement to FPUA and simply retain the obligation to pay B & V ( up to a cap). I also have attached a revised version of the spreadsheet Mathew prepared listing FPRP contracts already entered into by FPRP ( the so-called secondary development agreements) and those proposed to be entered into before we go into Phase I of Turbo Park. Herman and Lisa, let me know which of the secondary agreements you have not previously reviewed ( those marked NO re your review ) that you need to review, and I will endeavor to furnish them to you. Let me know if you have any questions.
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