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HomeMy WebLinkAboutUS Army Corps of Engineers 1984-04-11 DEPARTMENT OF THE ARMY v SOUTH PACIFIC DIVISION, CORPS OF ENGINEERS 630 Sansome Street Room 1216 ' San Franc ;sco, CahfCrnia 94111 REPLY TO ATTENTION or-: April 11 , 1984 _ -- C.Cn _. Henn Engineering Division APP, CERTIFIED MAIL FILE COPY Maurice Roper KO Director of Electric Utility Di n+ „ City of Ukiah G.IEtEiE 203 South School Street LEACH Ukiah , California 95482 SONDEND Dear Mr . Roper : We enclose one signed copy of the agreement between the United States of America and the City of Ukiah covering the hydroelectric power installation at Coyote Dam ( Lake Mendocino ) . This copy is for your records . Sincerely , ✓IEFI& ntket� Chief , Engineering Division Enclosure Copies Furnished : Commander , Sacramento District LV/j� APR 16 1984 CITY OF UKIAH ELECTRIC DEPARTMENT F�p��gd GOMMISS�ONU4T1y` MAY x 8 1984 SqN F%ANCISCO, CR00� \P C 1 � c c u E t of _ AH -- P°GJI . t, np - s.' ON 2 � •.'_1Z Ld .�'tiCE ., r ?ig , . . c •� E"� . �, :. ,� �_� + . ;( ? i,Q, Ff�.,, 3 WHEREAS , the City or r' tiah ccnstruc *_ ing a hydro - electric Power plant 4 at Lake Mendocino at an existing Army Cor^ s of Engineers dam ; and SvHEREAS , the United States Deoartment of the Army , Corps of Engineers , 6 Sacramento District , require that an Agreement for Construction , Operation , 7 and Maintenance he executed by the City of Ukiah and the Corps of Engineers . 8 NOW , THEREFORE , BE IT RESOLVED , that the City Council of the City of 9 Ukiah authorize the Mayor and the Citv Clerk to execute this Agreement as 10 attached . 11 PASSED AND ADOPTED tnis 1S of February 1984 , by the 12 following roll call vote : 13 AYES : Dickens , Hickey , Myers , Mayor Kelley 14 NOES : FeiLusch 15 ABSENT : (lone 16 17 18 Mayor 19 ATTEST : 20 21 22 24 APR 1 G 1984 D CITY OF UKIAN r EtECTRtC DEPARTMENT 26i 27 28 I n JAN 2 C 1984 UNITED STATES DEPARTMENT OF THE ARMY CITY OF U KIA H CORPS OF ENGINEERS ELECTRIC DEPARTMENT SACRAMENTO DISTRICT , CALIFORNIA AND CITY OF UKIAH , CALIFORNIA Agreement between the United States of America and the City of Ukiah , California for Construction , Operation , and Maintenance of Lake Mendocino Power Project at Coyote Dam . Table of Contents Article No . Page No . Preamble 1 Explanatory Recital 1 �J0S'( St? n 1 1 Construction Z, (!l�f J� fs ?� �c� 3 2 Ownership APR 161984 5 3 Access by Corps CITY OF UKIAH 6 4 Operations ELECTRIC DEPARTMENT 6 5 Interruption of Releases 10 6 Maintenance 10 7 Inspection by Corps after Construction 12 8 Notices 12 9 Liability 13 10 Disagreements 13 11 Training of Corps Personnel 14 12 Term of License and Agreement 14 Exhibits - A Tudor Engineering-Company- Drawing No . 106 , - - -- - Project Map , B Tudor Engineering Company Drawing No . 107 , Property Boundaries and Construction Easements C Lake Mendocino Power Project - Construction Procedures , and Project Operation and Maintenance D Federal Energy Regulatory Commission - Order Issuing License ( Major ) for Project No . 2841 -001 CP , PTP . enl - ic . Tr a_. AGREEMENT FOR CONSTRUCTION , OPERATION , AND MAINTENANCE OF LAKE MENDOCINO POWER PROJECT 19811E THIS AGREEMENT , made this 5th day of Apr l -14$3; between the UNITED STATES OF AMERICA, acting through its Corps of Engineers , Department of the Army , hereinafter referred to as the " Corps " , and the CITY OF UKIAH , CALIFORNIA hereinafter referred to as the " City" , a duly constituted Municipality , duly organized , existing , and acting pursuant to the laws of the State of California , with its principal place of business in Ukiah , California . WITNESSETH THAT : WHEREAS , the Corps has constructed Coyote Dam and Lake Mendocino as part of the Russian River Project , including the spillway and outlet works , on the East Fork of Russian River - - for flood control and water conserva- tion for agricultural , municipal , industrial , domestic , and other purposes , and may raise the dam 36 feet at some future time , pursuant to Section 204 of the 1950 Flood Control Act , and acts amendatory thereof or supplementary thereto , and Public Law 404 , approved February 10 , 1956 ; and WHEREAS , the Federal Energy Regulatory Commission ( FERC ) has issued License No . 2841 ( License ) , dated April 1 , 1982 ( See Exhibit D ) , to the City for construction , operation , and maintenance of the Lake Mendocino Power Project which includes , but is not limited to , the powerplant , bypass 1 cF - FtF - Ani . IF -OMA t _ facilities , switchyard , and dissolved oxygen system at Coyote Dam , in acc - ordance with the Federal Power Act ; and WHEREAS , the City will construct the Lake Mendocino Power Project in two stages ; the first stage , to begin immediately , is designed to accomo - date the future raising of the dam and includes the Lake Mendocino power plant , bypass facilities , the switchyard , and dissolved oxygen system , with the second stage to include the construction of an extension to the Lake Mendocino power plant when the dam is raised ; and WHEREAS , the Corps has concluded that construction and operation of the power project , as described in the Project Design Report , and the Project Manual and Contract Drawings will not be detrimental to the purposes of the Coyote Dam and Lake Mendocino Project ; and WHEREAS , the License , Article 40 ( See Exhibit D ) , requires the City to enter into an operations agreement with the Corps so as to protect the interests of the Federal Government and to insure the continuity of project operations ; NOW , THEREFORE , the Corps and the City , through the officers signing this Agreement , mutually agree to the construction , operation and main - tenance of the power project at Coyote Dam , subject to the terms of FERC License No . 2841 and the conditions hereinafter set forth . 2 SF - FTF - AD3 - 15 - OMA 1 . Construction ( a ) The City shall construct the stage one portion of the power project according to the designs and plans as approved by the Corps and FERC . All design and construction work that will be an integral part of Coyote Dam or that could affect the structural integrity of the dam or operation of Corp facilities shall be reviewed and approved by the Corps , and the City will reimburse the Corps for all inspection and engineering costs in accordance with Article 37 of the FERC License . ( b ) The Corps will conduct inspections during the construction of the power project of such work as could affect the integrity of Coyote Dam or operation of Corps facilities and the City will reimburse the Corps for all inspection and engineering costs in accordance with Article 37 of the FERC License ( See Exhibit D ) . The Corps will have the right to direct the City or their designated agent to correct any activity that is detrimental to the integrity or operation of Coyote Dam , including shutting down construction work until such corrections are made . ( c ) During the construction phase of the Lake Mendocino Power Project , the City will make provisions so that adequate releases will be pumped from a reservoir depth of approximately 60 feet to meet Sonoma Country Water Agency water needs and to maintain the Russian River flow requirements . The City will be responsible for maintaining a minimum dis - solved oxygen level of 7 . 0 mg/ 1 during the construction phase at the exist - ing U . S . 6 . S . stream gage ( East Fork Russian River , near Ukiah , California ) immediately downstream of the proposed tailrace . 3 SF : FIF : AD3 : 15 - OMA . P 4 . ( d ) During the construction phase of the power project the City will be responsible for , and pay the full cost of grounds security for all lands described as Parcel A and B , and the access road as shown in Exhibits A and B . ( e ) Upon completion of construction , the City will remove all construction debris from the site and restore any disturbed areas to conditions existing prior to the construction of the Lake Mendocino Power Project , as approved by the Corps . ( f ) The City will be responsible for maintaining the existing access roads in a satisfactory condition during the construction period . The City shall repair any damage to the roads during construction and re- store the roads to their original condition upon completion of construc - tion . ( g ) The City shall submit to the Corps for approval prior to beginning construction activities its detailed construction schedule in - cluding a contingency plan to assure that the required releases can be made as scheduled . In addition , the inspection plan required by FERC will es - tablish the key dates and a procedure such that the Corps inspection team has the opportunity to accept the work before additional work can proceed . The City shall also submit to the Corps any changes in activity dates to the schedule prior to initiation of the activity . 4 SF : FIF : AD3 : 15 - OMA ( h ) City is to provide the Corps full size reproducible ( mylar ) as built drawings of the power project . In addition , during the construction phase all revisions to contract drawings are to be provided to the Corps in a timely manner . ( i ) The construction shall not interfere with the Corps operation and maintenance of the project . ( j ) The City will be responsible to perform and fund repairs of any damage to Corps facilities resulting from ( as determined by the Corps ) the construction and /or operation of the Lake Mendocino Power Project . ( k ) The City may construct the stage two portion of the project , according to the designs and plans as approved by the Corps and FERC , when Coyote Dam is raised . The City will be responsible to fund the additional cost of necessary modifications for stability of the power facility when the dam is raised . The City does not rely on the raising of Coyote Dam for power generation and will not take legal action against the Corps if the dam is not raised . 2 . Ownership ( a ) Title to the following shall be in the name of the United States . 1 . All lands , Coyote Dam , and existing appurtenances and equipment presently in the United States ownership . 5 W 2 . The plenum chamber , the conduit steel liner installation , all equipment installed in the intake tower , the 108- inch diameter bypass penstock from the plenum chamber to the 108- inch fixed cone valve . ( b ) The City shall have title to the Lake Mendocino power plant and appurtenant features : including the turbines and generators , the gates and valves associated with the power plant , the 108- inch fixed cone valve , the plenum tainter valve , the switchyard , the new tailrace channel to be constructed southerly of the existing tailrace channel , the dissolved oxyoen facilities , and all other power plant equipment excluding those defined in Article 2 ( a ) . 3 . Access by Corps ( a ) The Corps , its agents , or contractors shall at all times have free and unrestricted access to , through and across all lands and Lake Mendocino Power Project . ( b ) Access into the control tower by the City shall only be possible when accompanied by Corps personnel . 4 . Operations ( a ) All water releases from Coyote Dam will be determined , con- trolled , and directed by the Corps . The Corps will establish , and transmit 6 SF : FIF : AD3 : 15 -OMA to the City , dam flow release schedules ( except during flood control opera- tion ) at the Coyote Dam for a weekly , daily , or other period as needed , in units of cubic feet per second . The City , after receiving the flow release schedules , shall provide an operations program for that period . The operation program will include the flow distribution through all discharge valves and the power plant necessary to comply with the Corps ' release schedules . The Corps will be notified immediately of any revisions to this program . Such revisions may be necessary to increase power plant effi - ciency or improve valve operation . In no case will such revisions affect the Corps ' release schedules . The dam release schedules , operations pro - gram and revisions to the program will be transmitted by telephone or radio . Radio communication will be between the City and the Corps located in Sacramento , California on the City ' s supplied equipment and frequency . The City will fund all costs for the radio communication system . ( b ) The City will be responsible for the establishment of new discharge tables for the above mentioned valves and power plant . The City will develop these discharge tables in accordance with procedures approved by the Corps . ( c ) During emergency situations , as determined by the Corps , the Corps will advise the City of the situation and may take appropriate ac - tion , including shutting down the power units and assuming control of the appropriate outlet gates and valves . The Corps will not be held liable for damage to the City ' s facilities that results from the Corps operation of the power facilities during emergency situations . 7 a . y ( d ) The Lake Mendocino Power Plant will receive flows from the existing outlet conduit . The power plant discharges will be supplemented by the discharge valves , so as to meet and maintain the required dam re - lease into the East Fork of the Russian River . ( e ) The power facilities will be locally and remotely operated , and remotely monitored by the City . ( See Exhibit C for more information . ) In addition , the power plant will have local automatic restart for short duration line trip . Plant operation will be monitored 24 hours per day and may be shut down remotely if required by an emergency . ( f ) The City will be responsible for maintaining a minimum dis - solved oxygen level of 7 . 0 mg/ l at the existing U . S . G . S . stream gage imme- diately downstream of the proposed tailrace . ( g ) The Lake Mendocino Power Plant and associated facilities will be operated generally in two modes ; power generation mode and flood control mode . Power generation mode will be in operation when the required dam releases are between 0 and 4375 cfs , inclusive , and the flood pool is at or below elevation 755 feet . Flood control mode will be in operation when the required dam releases exceed 4375 cfs , the flood pool exceeds elevation 755 feet , or the conservation pool exceeds elevation 762 feet . See Exhibit C of this documentjor additional information . ( h ) When the dam and power plant facilities are operating in the power generation mode , the control gates ( three service slide gates and 8 U - FTF - An � - 1 ; _ (WA three emergency slide gates in the intake tower) will be fully open , the plenum tainter valve will be fully closed , and the turbines and bypass valves will be opened as necessary to pass the required water release . ( i ) When the dam and power plant facilities are operating in the flood control mode the plenum tainter valve will be fully open , the tur- bines and bypass valves will be fully closed , and the control gates will be opened as necessary to pass the required water release . ( j ) The City will be responsible for operating the plenum tainter valve , the turbines , and the bypass valves in cooperation with the Corps to meet the required water releases . The Corps will be responsible for operating all equipment in the intake tower , except the aeration facilities . ( k ) The transition from the power generation mode to the flood control mode will proceed in the following general sequence : ( 1 ) the tur- bines will be shut -dawn , ( 2 ) the service slide gates will be closed , ( 3 ) the air vent valves will be opened and used to depressurize the outlet conduit , ( 4 ) the plenum tainter valve will be opened , and ( 5 ) the service slide gates will be opened as necessary to pass the required water release . ( 1 ) The transition from flood control mode to power generation mode will proceed in the following general sequence : ( 1 ) the service slide Sates will be closed , ( 2 ) the air vent valves and the plenum tainter valve will be closed , ( 3 ) the outlet conduit pressurized , ( 4 ) the service slide 4 SF : FIF : AD3 : 15 -DMA gates will be fully opened , and ( 5 ) the turbines and bypass valves opened as necessary to pass the required water release . ( m ) A detailed start - up testing plan will be developed at a later date by the City , and will be subject to Corps approval . ( n ) No change to the Lake Mendocino Power Project , which in the opinion of the Corps is substantial and may affect the structural integrity of Coyote Dam or its operation shall be made by the City without first obtaining the written consent of the Corps . 5 . Interruption of Releases Releases from Coyote Dam , as provided in the daily operation program approved by the Corps , shall not be interrupted , except for transi - tion between power generation and flood control modes , by operation or maintenance of the power plant except with the Corps ' prior approval . 6 . Maintenance ( a ) The City will be responsible for the performance of main - tenance and for all costs related thereto , of the following : 1 . The Lake Mendocino Power Plant structures as defined under Article 2 ( a ) 2 and 2 ( b ) . 10 rr . r , r . nn9 . 1GhM6 r 2 . Grounds , care , and security measures of established areas of their facilities . 3 . The City ' s portion of the tailrace channel in compliance with Corps requirements . 4 . New access road to the powerhouse and to the satisfaction of the Corps . ( b ) The City shall also be responsible for performing and funding 100 percent of the cost for maintenance of the toe of dam access road beginning at Mendocino Drive and ending at the intersection where the road to the power plant begins . The Corps shall be responsible for funding 100 percent of the cost for maintenance of the access road on the crest of the dam . ( c ) The City ' s operation and maintenance activities will not interfere with the maintenance program of Corps facilities and Corps main - tenance crews . ( d ) The City shall be responsible for reimbursing the Corps for additional costs incurred by the United States that result from installation of the power facilities . lI CF - FTF • Ani .I S -OMA 7 . Inspection by the Corps after Construction ( a ) The Corps shall have the right to inspect the power plant during their periodic and preflood inspections of Coyote Dam to ensure that the power plant is being operated and maintained in a condition which will not endanger the structural integrity of Coyote Dam , or its appurtenances , or the operations of the Corps ' Coyote Dam and Lake Mendocino Project . These inspections shall occur on an interval as dictated by the Corps ' prevailing policy . Timely notice of these scheduled inspections shall be given to the City by the Corps so as not to conflict with power generating contract provisions . Copies of all reports shall be provided to the City and to the FERC by the Corps . The City shall reimburse the Corps for the costs of the portions of the inspection associated with the inspection of the power project and for costs of any additional inspections . ( b ) The City will promptly correct all deficiencies identified by the Corps . Should the City fail to make necessary repairs in a timely and acceptable manner , the repairs may be made by the Corps and the City will reimburse the Corps for the costs of said repairs . 8 . Not ices Any notice , demand , or request authorized or required by this Agreement shall be deemed to have been given , on behalf of the City , when mailed , postage prepaid , or delivered to the District Engineer , Sacramento 12 cc - crc • eni - 1c; .( b1A District , Corps of Engineers , 650 Capitol Mall , Sacrrnerto , California 95814 , and on behalf of the Corps , when mailed , postage prepaid , or de - livered to the City of Ukiah , 203 South School Street , Ukiah , California 95482 . The designation of the addressee or the address may be changed by notice given in the same manner as provided in this article for other no - tices . 9 . Liability ( a ) The City hereby agrees to indemnify and hold harmless the Corps , its agents and employees , from any loss or damage and from any lia- bility on account of personal injury , death or property damage , or claims for personal injury , death , or property damage of any nature whatsoever and by whomsoever made arising out of the City ' s activities under this Agree - ment . ( b ) Responsibility for the performance and cost of repairing any damage to the Coyote Dam and its appurtenances as a result of the City ' s deviation from the requirements of this Agreement will be the responsibility of the City . 10 . Disaqreements Should any disagreement arise involving the project which cannot be resolved by the parties to this agreement , the disagreement shall be resolved as called for under the terms of License Article 37 , 13 SF • FTF • An3 : 15 -0MA SR ai �i 11 . Training of Corps Personnel The City will train three Corps personnel in the emergency shutdown of the entire hydropower system at the City ' s expense prior to commercial startup of the plant . The City will conduct a refresher course each year thereafter for three Corps personnel to ensure complete familiarity with the hydropower installation . 12 . Term of License and Agreement This Agreement shall become effective on the day when delivered signed by the Corps to the City and shall terminate uoon termination or transfer of FERC License No . 2841 . IN WITNESS WHEREOF , the parties have executed this Agreement on the date first above written . THE UNITED STATES OF AMERICA USA , Corps of Engineers , South Pacific Division o f i t� 1 BRIGADIER GENERAL CONALD J . PA..T.,i. iDI`10 Commanding CITY OF UKIAH r ayor Attest : By Ecretary j 14 CF • FTF - AD3 - IS -OMA