HomeMy WebLinkAboutContracts & Agreements_48-2001MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE
CALIFORNIA ENERGY COMMISSION AND THE
CITY OF REDLANDS FOR DESIGN REVIEW,
PLAN CHECK, AND CONSTRUCTION
INSPECTION OF THE
MOUNTAINVIEW POWER PLANT PROJECT
00-AFC-2
RECITALS:
A. On February 1, 2000, Mountainview Power Company Limited Liability Company
(Mountainview) filed an Application for Certification (AFC) with the California Energy
Commission (Commission) for approval to construct and operate the Mountainview
Power Plant Project (the Project). The Project is located on a 54.3 acre site at the
northeast corner of San Bernardino Avenue and Mountain View Avenue in the City of
Redlands (the City). Mountainview proposes to start construction in 2001 and
commence commercial operation in 2003.
B. The Commission must ensure that the Project is designed, constructed, and
operated in conformity with the Commission's Decision (Decision), the California
Building Code (CBC) the local building codes adopted by the City. The Decision
contains the conditions of certification for construction and operation of the Project.
C. The Decision requires that Mountainview submit engineering plans, calculations,
specifications, and other project -related information to the person designated by the City
as the Chief Building Official (CBO) for the Project for review and approval prior to and
during construction of the Project. The intent of this requirement is to provide an
independent review of the Project's final design to ensure compliance with applicable
LORS, the local building codes, the CBC, and the facility design conditions of
certification.
January 9, 2001 1 Mountainview CBO MOU
THE CITY OF REDLANDS AND THE COMMISSION AGREE AS FOLLOWS:
1. The above recitals are incorporated into this agreement.
2. The City of Redlands (the City) shall act as the Commission's delegate agent for
enforcement of local building codes, the CBC, the facility design conditions of
certification, and other LORS applicable to the Project. The City will also be responsible
for the design review, plan check, and construction inspection of the foundation,
anchorage, and connection for all building and non -building structures, process -related
systems and equipment required for power and steam generation, and equipment
located either inside or outside of buildings. These duties shall be carried out by the
City's Director of the Department of Building and Safety as the Chief Building Official
(CBO) for the Project. The ultimate responsibility for facility design, construction, and
operational compliance remains with Mountainview.
3. Although the City will function as the Commission's delegate agent, the Commission
has the final authority and responsibility to ensure that the Project is built in accordance
with the applicable LORS and the Decision. The Commission's legal authority to
enforce the terms and conditions of its Decision is specified in California Public
Resources Code sections 25534 and 25900. The Commission may amend or revoke
the certification for any facility and may impose a civil penalty for any significant failure
to comply with the terms or conditions of the Decision.
4. To ensure compliance with the terms and conditions of certification and the
applicable LORS, the CBO is authorized to take any action allowed by law to ensure
that the Commission's interests are properly addressed and protected. If the CBO has
issued, or is considering issuing, a stop -work order to ensure compliance, or to ensure
that the Energy Commission's interests are protected, or for any other reason, the CBO
shall seek the cooperation and assistance of the Compliance Project Manager (CPM)
appointed by the Commission. The CBO shall notify the CPM in a timely manner,
preferably prior to taking the action, so that the CPM is fully aware of the action taken or
under consideration and its implication to the project. For any action taken under
emergency conditions the CPM shall be notified within 24 hours of the action.
5. In the performance of this agreement, the City, its employees and subcontractors
shall act in an independent capacity and not as officers or employees of the State of
California.
6. The Compliance Project Manager (CPM) appointed by the Commission shall have
the right to approve the qualifications of the City engineering and technical personnel
and the scope of work the City will perform. The City shall notify the CPM if there is any
change in personnel assigned to the Project team. Replacement personnel shall not
work on the Project until they are approved by the CPM.
7. The CBO shall, in cooperation with the Commission, ensure compliance with the
terms and conditions of the Decision relating to local building codes, the CBC, and the
facility design conditions of certification.
January 9, 2001 2 Mountainview CBO MOU
8, The City may perform certain duties associated with its responsibilities through the
use of qualified subcontractors. The CBO shall provide the qualifications and scope of
work of the subcontractor(s) to the CPM for approval at least 30 days prior to the
expected start of work.
9. The Commission shall ensure that the fees charged to Mountainview for the review
and inspection services provided by the CBO and any subcontractors are consistent
with the fee schedule of the 1998 CBC, adjusted for inflation and other appropriate
adjustments. Fees may be based on the value of the facilities reviewed, on hourly
rates, or as agreed by the City and Mountainview. Payments to the City for work
satisfactorily completed may be paid from a credit account established with the City by
Mountainview.
10. The City may retain the services of one or more independent qualified
subcontractor(s), approved by the CPM, to supplement the City employees in the
design review, plan check, and construction inspection of the Project. The
subcontractor(s) will answer directly to, and be responsible to, the CBO. The CBO will
retain responsibility for the construction inspections required by sections 106.3.5 and
108 of the CBC and for monitoring special inspections required by sections 1701, 1702
and 1703 of the CBC.
11. The CPM shall have the right to approve the qualifications and scope of work of the
City's subcontractor(s). The City shall notify the CPM if there is any change in
subcontractor(s) or personnel. Replacement subcontractor(s) or personnel shall not
work on the Project until they are approved by the CPM. At the request of the CPM, the
subcontractor(s) shall assist the CPM in any audits or inspections of the Project.
12. The City shall require that its subcontractors have not previously been employed
directly by the project owner or its agents at any time during the 12 months prior to the
start of this agreement. The City shall also require that during the course of this
agreement its subcontractors will not be directly employed by the project owner or any
entity of which it is a holding, subdivision, or subsidiary.
13. The CBO shall take all reasonable measures to accommodate Mountainview's
design and construction schedule, including but not limited to adding staff to its
workforce and/or retaining the services of additional independent qualified
subcontractor(s).
14. The CBO shall review and approve the selection of dynamic analysis and/or
alternative methods of analysis for the design of major structures to comply with section
1629.10.1 of the 1998 CBC.
15. The CBO shall review and approve any of Mountainview's proposed special and
continuous inspection reporting programs required by sections 1701, 1702, and 1703 of
the 1998 CBC, and shall approve the qualifications and experience of the proposed
special inspectors. At the request of the CPM, the CBO shall assist the CPM in any
audits or inspections of the Project.
January 9, 2001 3 Mountainview CBO MOU
16. The CPM shall have the right to audit the City's and its subcontractors' performance
to ensure that they are properly carrying out their duties and responsibilities and that
Mountainview is implementing the Decision requirements for the design and
construction of the Project.
17. The City and subcontractor(s) may discuss all aspects of the Project with each
other, the CPM, and Mountainview's construction contractors and engineers. The CBO
and CPM shall have access to all associated construction records, construction and
inspection procedures, test equipment, and test results related to the requirements of
the Commission Decision. It is the CPM's intention to provide reasonable notice of site
visits and audits and to conduct such activities at reasonable times. Circumstances
may dictate that site access may be required with little or no notice.
18. The CBO shall submit the results of all plan checks and construction inspections,
including recommendations, to Mountainview and send a copy of all transmittal letters to
the CPM. The CPM shall conduct any technical audits and reviews, and present any
recommendations, as expeditiously as possible. The CBO should proceed with reviews
and approvals of all components unless instructed otherwise by the CPM. Approved
plans and marked -up as-builts retained by the CBO shall be submitted to the CPM on
request upon completion of all mutual obligations of this agreement.
19. The Commission, through the CPM, retains the final authority over all matters
relating to interpretation of the conditions of certification.
20. The term of the agreement is indefinite but shall terminate when all of the mutual
obligations have been performed and satisfied. It shall also terminate at such time as
Mountainview fails to pay fees as required or renders the City's performance under this
contract impossible. Notwithstanding the foregoing, either party may terminate this
agreement upon thirty (30) days advance written notice complying with the provisions of
section 22 below.
21. This memorandum of understanding shall be effective upon execution by all parties.
22. All correspondence regarding this agreement, including invoices, payments, and
notices, shall be directed to the following persons at the following addresses and
telephone numbers:
CITY: [Name, address, phone number and e-mail address of contact person]
COMMISSION: Donna Stone, Compliance Project Manager
California Energy Commission
1516 9th Street, MS 2000
Sacramento, CA 95814
(916) 654-4745
dstone@energy.state.ca.us
Written correspondence shall be sent either by personal delivery (including overnight
delivery service), by U. S. Mail, postage prepaid, by fax, or by e-mail; it shall be
considered delivered when actually received.
January 9, 2001 4 Mountainview CBO MOU
23. In the event of a conflict between this MOU and an Energy Commission Decision
granting an application for certification, the Decision shall take precedence.
24. This agreement shall be interpreted and applied in accordance with California law.
Any litigation concerning it shall be brought in the Sacramento County Superior Court.
25. This agreement sets forth the parties' entire understanding and supersedes all prior
agreements and representations, written and oral, and may be modified only by a
written document signed by the City and the Commission.
The City of Redlands has reviewed this MOU and understands its duties and
responsibilities.
CITY OF REDLANDS
DATED: April 3, 2001
CALIFORNIA ENERGY COMMISSION
DATED:
/o/
Pat Gilbreath, Mayor
ATTEST:
Lorr' oyzer, Cit
Robert L. Therkelsen, Deputy Director
Systems Assessment and Facilities Siting
January 9, 2001 5 Mountainview CBO MOU
Agreement - Utility Billing Customer Information System - On motion of
Councilmember Freedman, seconded by Councilmember Haws, the City
Council unanimously approved Change Order No. 1 to the software and license
implementation agreement for the City Utility Billing Customer Information
System.
Agreement - Plan Check and Inspection - On motion of Councilmember
Freedman, seconded by Councilmember Haws, the City Council
/ unanimously authorized an agreement with California Energy Commission
for plan check and inspection services and authorized the Mayor and City
Clerk to sign the agreement on behalf of the City.
NEW BUSINESS
Park Repairs and Upgrades - Public Works Director Mutter reported the Parks
Commission developed a list of recommended capital improvements and
upgrades to the City park facilities. The goal of this effort was to identify
approximately $829,000.00 in projects, based on the anticipated revenue to be
allocated to the City of Redlands for this purpose from the Proposition 12 Park
Bond. The Parks Commission established an ad -hoc committee to look at all
City parks and determine what repairs and improvements were needed. This
committee, led by Parks Commissioner Bob Carothers, developed an extensive
list of improvements for each park. This list was then prioritized and submitted
to the Parks Commission, Dave Eason, Baseball and Softball for Youth,
presented a list of improvements they have provided for their facilities.
Recreation Commissioner Patty Peoples felt we needed to upgrade playground
equipment in the Community Park. Public Works Director Mutter noted that
another program requires us to upgrade playground equipment and will be
coming forth in the near future. It was suggested this list of priority park repairs
and upgrades as recommended by the Parks Commission also be reviewed by
the Recreation Commission prior to City Council action. Noting none of the
Proposition 12 funds were being appropriated for the Sports Park,
Councilmember Haws moved to send this report to the Recreation Commission
for its review and bring it back to the City Council on May 1, 2001. Motion
seconded by Councilmember Freedman and carried unanimously.
Palm Trees - Terracina Boulevard - Public Works Director Mutter reported the
Street Tree Committee has recommended that the City consider the sale of
palms that are in conflict with overhead Southern California Edison facilities.
Revenue from the sale would be used to replace the palms with appropriate trees
in the areas where palms have been removed. This recommendation has been
supported by the Parks Commission. Staff suggested that contractors be
allowed to remove palms and be required to replace the palms with a minimum
of two each 24-inch box trees to be planted at locations in the City as specified
by staff. Councilmember Freedman moved to approve the removal of
approximately 40 California Fan Palms on Terracina Boulevard between Barton
Road and Cypress Avenue and directed staff to negotiate the sale/removal of
April 3, 2001
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