Conclusions and Recommendations For the reasons stated herein, Merrimack Energy concludes that the shortlisting decisions by PG&E in the 2007 RPS RFO were reasonable and based on the requirements and evaluation criteria set forth in the Solicitation Protocol. The selection of the shortlist was very inclusive and erred on the side of including more offers in what was a very ample shortlist relative to the procurement target. In the Shortlist Report, Merrimack Energy recommended a number of changes to the RPS procurement process, several of which were adopted by PG&E in the 2008 RPS RFO. Despite recommending certain changes, our assessment is that the PG&E evaluation methodology was appropriate and that it was administered fairly and reasonably. Consistent with suggestions we had made in and after the Shortlist Report, PG&E developed a negotiation prioritization strategy with shortlisted bidders that created an active group of negotiations based on price and viability factors. The Mojave Solar bid was consistently placed in the secondary group and although its proposal changed over time from the proposal initially shortlisted, it remained in the secondary group during the course of contract negotiations. While the project sponsor is a very viable and experienced developer of solar thermal projects and is capable of developing the project effectively, there are concerns associated with the timing of the project that adds risk to the ultimate success of the project. PG&E has done an effective job in managing these risks through contract provisions in both the original contract and the amended and restated agreement. The details of the PPA and the amended and restated agreement are addressed in the confidential appendix to this report. The positive attributes of the project should be balanced against the negative attributes in assessing whether or not the amended and restated agreement should be approved. PG&E Gas and Electric Advice Filing List General Order 96-B, Section IV AT&T Department of Water Resources North Coast SolarResources Xxxxxxxx & Xxxx LLP Dept of General Services Northern California Power Association Ameresco Xxxxxxxx & Xxxxxxx Occidental Energy Marketing, Inc. Xxxxxxxx & Xxxxx Xxxxxx & Brand OnGrid Solar Arizona Public Service Company Duke Energy Praxair BART Economic Sciences Corporation X. X. Xxxx & Associates Xxxxxxxxx & Xxx, Inc. Xxxxxxx Xxxxxxxxx & Xxxxxx LLP RCS, Inc. Xxxxxx Xxxxx Associates Xxxxxx Farms Recurrent Energy Bloomberg X. X. Xxxxxx & Assoc. SCD Energy Solutions Bloomberg New Energy Finance GLJ Publications SCE Boston Properties GenOn Energy, Inc. SMUD Xxxxx Xxxxxxxx XxXxxxxxxx, X.X. Xxxxxx, XxxXxxxx, Xxxxxx, Xxxxxxx & Xxxxxxx XXXXX Brookfield Renewable Power Green Power Institute San Francisco Public Utilities Commission CA Bldg Industry Association Xxxxx & Xxxxxx Seattle City Light CLECA Law Office Hitachi Sempra Utilities CSC Energy Services In House Energy Sierra Pacific Power Company California Cotton Ginners & Growers Assn International Power Technology Silicon Valley Power California Energy Commission Intestate Gas Services, Inc. Silo Energy LLC California League of Food Processors Xxxxxxxx Berkeley National Lab Southern California Edison Company California Public Utilities Commission Los Angeles Dept of Water & Power Spark Energy, L.P. Calpine Xxxx, Xxxxxxx, Xxxxxxxx & Scripps LLP Sun Light & Power Cardinal Cogen MAC Lighting Consulting Sunshine Design Xxxxxx, Xxxxx MBMC, Inc. Xxxxxxxxxx, Xxxxxx & Xxxxxxx Xxxxx, Xxxx MRW & Associates Tabors Caramanis & Associates City of Palo Alto Xxxxxx Xxxxxx Xxxxxxxx Tecogen, Inc. City of Palo Alto Utilities XxXxxxxx & Associates Tiger Natural Gas, Inc. City of San Xxxx Xxxxxx Irrigation District TransCanada Clean Energy Fuels Modesto Irrigation District Turlock Irrigation District Coast Economic Consulting Xxxxxx Xxxxxxx United Cogen Commercial Energy Xxxxxxxx & Xxxxxxxx Utility Cost Management Consumer Federation of California NLine Energy, Inc. Utility Specialists Crossborder Energy NRG West Verizon Xxxxx Xxxxxx Xxxxxxxx LLP Navigant Consulting Wellhead Electric Company Day Xxxxxx Xxxxxx Xxxxxx & Xxxx Associates Western Manufactured Housing Communities Association (WMA)
Sole Source as Grounds for Rejection of a Change Order If a Change Order is submitted to Contractor for the purposes of adding a Bulletin to this Contract and said Bulletin designates a Sole Source from which Contractor is required to procure goods or services necessary to perform the Work, which Sole Source has not been designated previously, Contractor shall be entitled to reject the proposed Change Order if the designated Sole Source refuses to provide to Contractor the warranties, bonds, terms or schedule required under the Contract Documents, including any warranty or terms or schedule required by Bulletins referenced in the proposed Change Order. In such event, Contractor shall give written notice to the Owner rejecting the proposed Change Order and, if possible, shall accompany said written notice with a proposal from Contractor for changes or modifications to the Bulletin so as to eliminate the Sole Source designation but to achieve goods or services equal in quality or function. The Owner may then require the Design Professional to revise the subject Bulletin so as to eliminate the designation of the Sole Source by incorporation of Contractor's proposal or otherwise. Upon revision of the Bulletin by the Design Professional and approval thereof by the Owner, the Owner shall again submit to the Contractor a proposed Change Order for the purpose of adding the revised Bulletin to this Contract. If the Owner decides to retain the Sole Source in the Change Order and Contractor cannot acquire the full contractually required warranties from the Sole Source, Contractor shall be held only to the warranty terms and schedule obtainable from the Sole Source.
Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. CORRECTIONS There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Classification and Reclassification Classification and reclassification are the assignment or reassignment, respectively, of a position or group of positions to an occupational classification which is appropriate for compensation and employment purposes.
Reclassification Procedure a. A completed Position Description Form and written explanation for a proposed reclassification request shall be submitted to the Agency Personnel Office.
Organizational Matters 16 Section 2.1. Organization.....................................................16 Section 2.2. Name ............................................................16 Section 2.3. Resident Agent; Principal Office.................................16 Section 2.4.