HomeMy WebLinkAbout2013-08-27; Municipal Water District; 773; Award Contract Maerkle Reservoir Project 502524
CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL
AB#
MTG.
DEPT.
773
08/27/2013
PW-UTIL
AWARD OF CONSTRUCTION CONTRACT TO
ENVIRONMENTAL CONSTRUCTION, INC
FOR THE PRESSURE CONTROL
HYDROELECTRIC FACILITY AT THE MAERKLE
RESERVOIR; PROJECT NO. 5025
DEPT.DIRECTOR
CITYATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 1477 _ accepting bids and award of contract to Environmental Construction,
Inc. for the Pressure Control Hydroelectric Facility at the Maerkle Reservoir, Project No. 5025
ITEM EXPLANATION:
The project site is approximately one mile north of Faraday Avenue on a 51.87 acre parcel owned by CMWD
for Maerkle Reservoir as shown on Exhibit 2. Access to the property is from Applewood Lane in the City of
Vista. The project includes installing a hydroelectric generator to receive relatively high pressure water from
the San Diego County Water Authority's Tri-Agencies Pipeline Connection No. 3, and then converting this
pressure to produce up to 135 kilowatts of electrical power prior to discharging the water to either the 10
million gallon (MG) Maerkle Tank or 200 MG Maerkle Dam Reservoir.
On May 28, 2013, through Resolution No. 1469 (Agenda Bill No. 769), the Board approved plans and
specifications and authorized advertising to receive bids for the Pressure Control Hydroelectric Facility at the
Maerkle Reservoir, Project No. 5025. The Engineer's Estimate for construction is $1,112,400. On July 10, 2013,
six (6) sealed bids were received forthe construction ofthis project which is summarized in the table below:
Contractor Name City/State Bid Amount
1) ENVIRONMENTAL CONSTRUCTION, INC. Woodland Hills, CA
Schedule A = $1,094,652
Schedule B = $42,360
2) NEWEST CONSTRUCTION San Diego, CA
Schedule A = $1,099,000
Schedule B = $13,400
3) ORION CONSTRUCTION Vista, CA
Schedule A = $1,143,000
Schedule B = 13,500
4) THARSOS, INC. La Mesa, CA
Schedule A = $1,222,380
Schedule B = $5,918
5) WEIR CONSTRUCTION Escondido, CA
Schedule A = $1,255,548
Schedule B = $38,400
6) STANEK CONSTRUCTORS Escondido, CA
Schedule A = $1,307,000
Schedule B = $12,000
DEPARTMENT CONTACT: William Plummer, (760) 602-2768, bill.plummerf5)carlsbadca.gov
FOR CLERK USE. 1^
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED • REPORT RECEIVED •
The bid documents specified to the bidders that the award of the contract would be based on the amount
indicated for Schedule "A" only. Schedule "B" was listed as an optional bid item to furnish and install an
electromagnetic flow meter to the hydroelectric generator. Based on the amount of the bid for Schedule A the
apparent low bidder is Environmental Construction, Inc. Staff is recommending not awarding Schedule B as
part of the project. Staff has completed its review of all documents and finds that they are in order. Therefore,
staff recommends that Environmental Construction, Inc. be awarded the contract.
ENVIRONMENTAL IMPACT:
The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section
15303(d) - New Construction or Conversion of Small Structures. The City Planner filed a Notice of Exemption
with the County of San Diego on October 18, 2011.
FISCAL IMPACT;
The following table shows the project cost summary.
PROJECT COST SUMMARY FOR PRESSURE CONTROL HYDROELECTRIC FACILITY AT MAERKLE RESERVOIR
(PROJECT NO. 5025)
DESIGN, ENVIRONMENTAL, AND PERIVIIT PHASE
Engineering Consultant Services and Staff Overhead $459,371
CONSTRUCTION PHASE
Construction Contract with Environmental Construction, Inc. $1,094,652
Construction Contingency $100,000
Construction Support Services (Carollo Engineers) $97,472
Construction Management and Inspection $48,505
CONSTRUCTION PHASE SUBTOTAL $1,340,629
TOTAL PROJECT COST $1,800,000
CURRENT APPROPRIATION $2,000,000
Based on current estimates, there are sufficient appropriations from the Water Replacement Fund for the
construction ofthe Pressure Control Hydroelectric Facility at the Maerkle Reservoir, Project No. 5025.
EXHIBITS:
1. Resolution No. 1477 accepting bids and award of contract to Environmental Construction for
the Pressure Control Hydroelectric Facility at Maerkle Reservoir, Project No. 5025.
2. Location Map.
3. Order Granting Exemption from Licensing (Conduit) Issued August 12, 2013 from United States of America,
Federal Energy Regulatory Commission, Project No. 14501-000.
4. Certificate of Insurance for Interconnection Agreement Hydro Conduit Project app ID15334.
1 RESOLUTION NO. 1477
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2 A RESOLUTION OF THE BOARD OF THE CARLSBAD MUNICIPAL WATER
DISTRICT, CALIFORNIA, ACCEPTING BIDS AND AWARD OF CONTRACT
3 TO ENVIRONMENTAL CONSTRUCTION, INC. FOR THE PRESSURE
CONTROL HYDROELECTRIC FACILITY AT THE MAERKLE RESERVOIR,
PROJECT NO. 5025
WHEREAS, on May 28, 2013, through the adoption of Resolution No. 1469, the Board of the
Carisbad Municipal Water District approved plans and specifications, authorized the Secretary to advertise
to receive bids for the Pressure Control Hydroelectric Facility at the Maerkle Reservoir, Project No. 5025;
and
WHEREAS, six (6) sealed bids were received on July 10, 2013, by the CMWD for the construction
ofthe Pressure Control Hydroelectric Facility at the Maerkle Reservoir, Project No. 5025; and
WHEREAS, staff recommends the award of the construction contract to the lowest responsive
^3 and responsible bidder, Environmental Construction, Inc., in the amount of $1,094,652 for Schedule "A";
14 and
15 WHEREAS, funds in the amount of $2,000,000 have been appropriated from the Water-Capital
16 Replacement Fund and are sufficient for the completion of this project; and
17 WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA) in
18 accordance with State CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small
ig Structures, and the City Planner filed a Notice of Exemption with the County of San Diego on October 18,
2Q 2011; and
2^ NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City of
22 Carisbad, California, as follows:
23 1. That the above recitations are true and correct.
24 2. That the bid in the amount of $1,094,652 for Schedule "A" submitted by Environmental
25 Construction Inc. for the construction of the Pressure Control Hydroelectric Facility at the Maerkle
26 Reservoir, Project No. 5025, is accepted and the President is hereby authorized to execute a contract with
27 Environmental Construction, Inc
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3. The Executive Manager is hereby authorized to approve construction change orders up to
$100,000.
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PASSED, APPROVED AND ADOPTED at a Special Meeting ofthe Board of Directors ofthe
Carisbad Municipal Water District ofthe City of Carisbad on the 27*^ day of August, 2013, by the
foiiowing vote to wit:
AYES: Board Members Hall, Wood, Blackburn and Douglas.
NOES: Board Member Packard.
ABSENT: None.
ATTEST:
BARBARA ENGLESONfSecretary
LOCATION MAP
NOT TO SCALE
MAERKLE RESERVOIR
PROJECT NAME
PRESSURE CONTROL HYDROELECTRIC FACILITY
AT MAERKLE RESERVOIR
PROJECT
NUMBER
5025
EXHIBIT
DRAWN BY: SCOTT EVANS. CARLSBAD UTIUTIES DEPT. 8/18/10 C: \UVLTIES DEPARTklENT\DESIGN DIVISI0N\PLUUUER\5025.DWG
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EXHIBIT 3
144 FERC 162,124
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Carlsbad Municipal Water District Project No. 14501-000
ORDER GRANTING EXEMPTION FROM LICENSING (CONDUIT)
(Issued August 12, 2013)
Introduction
1. On Febmary 21,2013, as supplemented May 13,2013, Carlsbad Municipal Water
District (appUcant or exemptee) filed an appUcation to exempt the proposed 135-kilowatt
(kW) Pressure Control Hydroelectric Facility Project No. 14501 from the licensing
requirements set forth in Part I ofthe Federal Power Act (FPA).^ This small conduit
hydropower project would be located on applicant's municipal water system at a pressure
reducing station in the City of Carlsbad in San Diego County, Califomia. The project
would not occupy any federal lands. As discussed below, a conduit exemption is being
issued for the project.
Proiect Description
2. The proposed Pressure Control Hydroelectric Facility Project would consist of:
(1) a steel pipeline reducer; (2) a proposed 16-inch-diameter, 80-foot-long intake pipe;
(3) a proposed 18-foot by 18-foot powerhouse containing one generating unit with an
mstalled capacity of 135 kW; (4) a proposed 16-inch diameter, 50-foot-long discharge
pipe; (5) a 10-inch diameter, 20-foot-long discharge pipe; and (6) appurtenant facilities.
^ Under Part I ofthe FPA, 16 U.S.C. §§ 792-823 (2006), the Commission issues
licenses to non-federal interests authorizing the constmction, operation, and maintenance
of water power projects on navigable waters ofthe United States, on federal lands, and on
streams subject to Congress' jurisdiction. Pursuant to section 30 of the FPA, 16 U.S.C.
§ 823 (2006), the Commission is authorized to exempt from the licensing requirements of
Part I of the FPA any facility (not mcluding a dam or other impoundment) that is
constmcted, operated, or maintained for the generation of electric power and is located on
non-federal lands and uses for generation only the hydroelectric potential of a manmade
conduit, which is operated for the distribution of water for agricultural, municipal, or
industrial consumption (and not primarily for the generation of electricity).
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The applicant estimates the project would have an average annual generation of 0.833
gigawatt-hours.
3. The proposed project would be located on applicant's existing water distribution
system. The applicant receives water from the San Diego County Water Authority's (San
Diego Water) Tri-Agencies Pipeline Connection No. 3 (TAP3).^ From TAP3, water
flows to the applicant's distribution system through a 21-inch-diameter pipe for
approximately 4,800 feet. The pipe then widens to a 42-mch-diameter pipe for 92 feet
where it then connects to a pressure reducing station. After its pressure is reduced at the
station, water is conveyed through either a 42-inch-diameter pipeline to the Maerkle Tank
or through a 30-inch-diameter pipeline connecting to a 10-inch-diameter pipeline to the
Maerkle Reservoir. The Maerkle Tank and the Maekle Reservoir store treated water for
later distribution to the applicant's customers.
4. The proposed project would be located adjacent to the applicant's pressure
reducing station. Immediately downstream of its connection with the 10-inch-diameter
pipeline to the Maekle Reservoir, the applicant proposes to constmct a new 16-inch-
diameter intake pipe that would connect to the existing 30-inch-diameter pipe with a
pipeline reducer. The intake pipe would carry the water approximately 80 feet to a new
18-foot by 18-foot concrete powerhouse, containing a 135 kW turbine generating unit.
Water would discharge from the powerhouse through a 16-inch-diameter, 50-foot-long
discharge pipe to the 42-inch-diameter pipeline leading to the Maerkle Tank. Prior to
discharging into the 42-inch-diameter pipeline, a portion of the water from the 16-inch-
diameter discharge pipe would enter mto the 10-inch-diameter pipe leading to the
Maerkle Reservoir via a 10-inch-diameter, 20-foot-long discharge pipe. The proposed
project would not change the timing, location, or amount of water distributed to the
applicant's customers.
Public Notice
5. On June 11,2013, the Commission issued public notice of the conduit exemption
application, establishing July 12, 2013, as the deadline for filing comments and motions
to intervene. On July 11, 2013, the U.S. Department of the Interior stated that it did not
have any comments regarding the proposed project. No other comments or motions to
intervene were filed.
^ San Diego Water receives its water from the Metropolitan Water District of
Southem Califomia and through transfer agreements with agencies in the Coachella
Valley and Imperial County. The San Diego Water provides treated water to member
agencies in San Diego County, including the Carlsbad Municipal Water District.
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Project No. 14501-000 -3-
Section 30(c) Conditions
6. Section 30(c) of the FPA^ requires the Commission to include in its conduit
exemptions such terms and conditions as may be prescribed by federal and state fish and
wildlife agencies to prevent loss of, or damage to, fish and wildlife resources and to
otherwise carry out the purposes ofthe Fish and Wildlife Coordination Act."* Standard
article 2 of this exemption requires compliance with the terms and conditions prepared by
federal or state fish and wildlife agencies to protect fish and wildlife resources. No
federal or state fish and wildlife agency submitted terms and conditions for this
exemption.
Environmental Assessment
7. Pursuant to section 380.4(a)(14) of the Commission's regulations,^ Commission
staff is not required to prepare an environmental assessment or an environmental impact
statement for conduit exemption applications. Nonetheless, I have considered the
environmental information in the exemption application and other pertinent information,
and find the issuance of this order is not a major federal action significantly affecting the
quality ofthe human environment.
Administrative Conditions
A. Annual Charges
8. The Commission collects annual charges from exemptees for the admmistration of
its hydropower program. Under the regulations currently in effect, projects with an
installed capacity of 1,500 kW or less, like this project, are not assessed an annual charge,
as explained in article 7.
B. Start of Construction
9. Standard article 3 provides that the Commission may revoke the exemption if
constmction of the generating facilities has not begun in two years or is not completed
within four years of the date this exemption is issued. Article 8 states that the
Commission may terminate the exemption if constmction ofthe project works described
M6 U.S.C. § 823a(c) (2006).
^ 16 U.S.C. §§ 661-667e (2006).
^ 18 C.F.R. § 380.4(a)(14) (2012).
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Project No. 14501-000 -4-
in this exemption has not begun within two years or is not completed within four years of
the date this exemption is issued.^
C. Exhibit F and G Drawings
10. Although the Exhibit F and G drawings, filed on May 13, 2013, are being
approved, the Commission requires exemptees to file sets of approved project drawings
on microfilm and electronic file formats. Article 9 requires the exemptee to file the
Exhibit F and G drawings approved in Ordering Paragraph (C) in microfilm and
electronic file formats.
11. Under article 10, the exemptee is requned, within 90 days of completion of
constmction of the project facilities, to file revised Exhibit F and G drawings showing the
as-built conditions.
D. Operation and Maintenance
12. Ensuring that the exempted project is fit for use is an important public interest
function of the Commission. Article 11 states that if the exemptee causes or allows
essential project property to be removed or destroyed or to become unfit for use without
adequate replacement, the Commission will deem it the intent of the exemptee to
surrender the exemption.
E. Exemptee Liability
13. Section 10(c) of the FPA provides that licensees, and not the United States, are
liable for "damages occasioned to the property of others by the constmction,
maintenance, or operation of the project works ... ."^ To clarify that exemptees would be
similarly liable, article 12 states that the exemptee is liable for damages to the property of
others.
F. Property Rights
14. Pursuant to section 4.31(b)(2) of the Commission's regulations an applicant for
exemption is required to demonstrate that, at the time it files its exemption application, it
has sufficient rights to any non-federal land and facilities required for the constmction
The start-of-constmction deadline in standard article 3 (contained in the attached
E-1) refers to the project's generating faciUties. The deadline in article 8 applies to on-
the-ground constmction of other project works.
M6U.S.C.§ 803(c) (2006).
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Project No. 14501-000 -5-
and operation ofthe project.* The supplement to the application filed on May 13, 2013,
contains documentation that the applicant has the necessary property rights to develop
and operate the project. However, because an exemption is issued in perpetuity,
article 13 reserves the Commission's authority to terminate the exemption if in the future
the exemptee fails to maintain sufficient rights to comply with the terms and conditions
of the exemption.
G. Review of Final Plans and Specifications
15. To ensure that the exemptee is constmcting and operating a safe and adequate
project, article 14 requires the exemptee to file final contract drawings and specifications
for the pertinent features of the project for Commission approval prior to commencing
constmction.
The Director orders:
(A) The Pressure Control Hydroelectric Facility Project is exempted from the
licensing requirements of Part I of the Federal Power Act, subject to the articles specified
below.
(B) The project consists of:
(1) All lands to the extent of the exemptee's interests in those lands, enclosed by
the project boundary shown by Exhibit G-2 filed on May 13, 2013.
(2) The following project works: (1) a steel pipeline reducer; (2) a proposed 16-
inch-diameter, 80-foot-long intake pipe; (3) a proposed 18-foot by 18-foot powerhouse
containing one turbine generating unit with an installed capacity of 135 kW; (4) a
proposed 16-inch-diameter, 50-foot-long discharge pipe; (5) a 10-inch diameter, 20-foot-
long discharge pipe; and (6) appurtenant facilities. The project works generally described
above are more specifically shown and described by those portions of Exhibits A, F, and
G below:
Exhibit A: Exhibit A, pages 3 though 5 filed on Febmary 21,2013, as
supplemented on May 13, 2013.
Exhibit F: The following Exhibit F drawings filed on May 13, 2013.
Exhibit Drawing FERC Drawing Drawing Title
No. •No.';;'•
18 C.F.R. § 4.31(b)(2) (2012).
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Project No. 14501-000 -6-
F-l C-03 P-14501-1 Yard Piping and Site
Improvements
F-2 M-01 P-14501-2 Hydroelectric Facility Plans
and Section
Exhibit G: The following Exhibit G drawings filed on May 13, 2013.
Exhibit No. FERC Drawing
No.
Drawing Title
G-1 P-14501-3 Project Location Map
G-2 P-14501-4 Project Boundary Map
(3) All of the stmctures, fixtures, equipment, or facilities used to operate or
maintain the project, or other rights that are necessary or appropriate in the operation or
maintenance of the project.
(C) The Exhibits A, F, and G described above are approved and made part of the
exemption.
(D) This exemption is also subject to the articles set forth in Form E-1 entitled
"Standard Terms and Conditions of Exemption from Licensing" (attached), and the
following additional articles:
Article 7. Administrative Annual Charges. The exemptee shall pay the United
States annual charges, effective the date of commencement of project operation, as
determined in accordance with the provisions ofthe Commission's regulations in effect
from time to time, for the purpose of reimbursing the United States for the cost of
administration of the Commission's hydropower program. The authorized installed
capacity for that purpose is 135 kilowatts. Under the regulations currently in effect,
projects with authorized installed capacity of less than or equal to 1,500 kilowatts will not
be assessed annual charges.
Article 8. Start of Construction. The Commission may terminate this exemption
if actual constmction of any proposed or required project works has not begun within two
years or has not been completed within four years from the issuance date ofthe
exemption. If an exemption is terminated under this article, the Commission will not
accept from the prior exemption holder a subsequent application for exemption from
licensing for the same project within two years of the termination.
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Project No. 14501-000 -7-
Article 9. Exhibit Drawings. Within 90 days of the date of issuance of this order,
the exemptee shall file the approved exhibit drawings in aperture card and electronic file
formats, as described below.
(a) Three sets of the approved exhibit drawings shall be reproduced on silver or
gelatin 35mm microfilm. All microfilm shaU be mounted on type D (3-1/4" X 7-3/8")
aperture cards. Prior to microfilming, the FERC Project-Drawing Number (i.e., P-14501-
1 through P-14501-4) shall be shown in the margin below the title block of the approved
drawing. After mounting, the FERC Drawing Number shall be typed on the upper right
comer of each aperture card. Additionally, the Project Number, FERC Exhibit (i.e., G-1,
etc.). Drawing Title, and date of this exemption shall be typed on the upper left comer of
each aperture card. See Figure 1.
Projects Hiimber Exhibit Nuinber Drawlncr Title
FERC Drawing
Nuinber
Project 1234, KxhibitG-1, Project Boundary
Dec 1,1979
FERC Dwg 1234-01
Order Issuemce
Date
Exhibit # and
FERC Drawing #
Type D (3V« " X 7'/e") l^perture Card
Figure 1 Sample Aperture Card Format
Two of the sets of aperture cards shall be filed with the Secretary of the
Commission, ATTN: OEP/DHAC. The third set shall be filed with the Commission's
Division of Dam Safety and Inspections San Francisco Regional Office.
(b) The exemptee shall file two separate sets of exhibit drawings in electronic raster
format with the Secretary of the Commission, ATTN: OEP/DHAC. A third set shall be
filed with the Commission's Division of Dam Safety and Inspections San Francisco
Regional Office. Each drawing must be a separate electronic file, and the file name shall
include: FERC Project-Drawing Number, FERC Exhibit, Drawing Title, date of this
exemption, and file extension in the following format [e.g., P-14501-3, G-1, Project
Location Map, MM-DD-YYYY.TIF]. Electronic drawings shall meet the following format
specification:
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Project No. 14501-000 -8-
IMAGERY - black & white raster file
FILE TYPE - Tagged Image File Format, (TIFF) CCITT Group 4
RESOLUTION - 300 dpi desired, (200 dpi min)
DRAWING SIZE FORMAT - 24" X 36" (min), 28" X 40" (max)
FILE SIZE - less than 1 MB desired
Each Exhibit G drawing that includes the project boundary must contain a
minimum of three known reference points (i.e., latitude and longitude coordinates, or
state plane coordinates). The points must be arranged in a triangular format for GIS
georeferencing the project boundary drawing to the polygon data, and must be based on a
standard map coordinate system. The spatial reference for the drawing (i.e., map
projection, map datum, and units of measurement) must be identified on the drawing and
each reference point must be labeled. In addition, each project boundary drawing must
be stamped by a registered land surveyor.
(c) The exemptee shall file two separate sets of the project boundary data in a
georeferenced electronic file format (such as Arc View shape files, GeoMedia files,
Maplnfo files, or a similar GIS format) with the Secretary of the Commission, ATTN:
OEP/DHAC. The filing shall include both polygon data and all reference points shown on
the individual project boundary drawings. A single electronic boundary polygon data file
is requked for the project boundary. Depending on the electronic file format, the polygon
and point data can be included in a single file with multiple layers. The georeferenced
electronic boundary data file must be positionally accurate to ±40 feet in order to comply
with National Map Accuracy Standards for maps at a 1:24,000 scale. The file name(s)
shall include: FERC Project Number, data description, date of this exemption, and file
extension in the following format [P-14501, boundary polygon/or point data, MM-DD-
YYYY.SHP]. The data must be accompanied by a separate text file describing the spatial
reference for the georeferenced data: map projection used (i.e., UTM, State Plane,
Decimal Degrees, etc.), the map datum (i.e., North American 27, North American 83,
etc.), and the units of measurement (i.e., feet, meters, miles, etc.). The text file name
shall include: FERC Project Number, data description, date of this exemption, and file
extension in the following format [P-14501, project boundary metadata, MM-DD-
YYYY.TXT].
Article 10. As-built Exhibit F and G Drawings. The exemptee shall file, within
90 days from completion of constmction of the subject facilities, revised Exhibit F and G
drawings showing the as-built conditions.
Article 11. Operation and Maintenance. The Commission may determine that
the exemptee has impliedly surrendered this exemption if essential project property is
removed or destroyed or becomes unfit for use, without adequate replacement; or if the
project is abandoned or good faith project operation or maintenance is discontinued; or if
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the exemptee refuses or neglects to comply with the terms of the exemption and the
lawful orders of the Commission.
Article 12. Liability. The exemptee shall be liable for all damages occasioned to
the property of others by the constmction, operation, or maintenance of the project works
or works appurtenant or accessory thereto, constmcted under this exemption and in no
event shall the United States be liable therefore.
Article 13. Property Rights. The Commission reserves the right to require the
exemptee to gain additional property rights, if such rights become necessary to develop,
operate, or maintain the project or to achieve compliance with the terms and conditions of
the exemption. The Commission may terminate this exemption if, at any time, the
exemptee does not hold sufficient property rights in the land or project works necessary
to develop, maintain, and operate the project.
Article 14. Contract Drawings and Specifications. The exemptee shall, at least
60 days prior to the start of constmction, submit one copy to the Commission's San
Francisco Regional Office Director and two copies to the Commission (one of these shall
be a courtesy copy to the Director, Division of Dam Safety and Inspections), of the final
contract drawings and specifications. The Commission may require changes in the plans
and specifications to assure a safe and adequate project. The exemptee shall not start any
constmction activities before getting a prior authorization from the Commission's San
Francisco Regional Office.
(E) This order is issued under authority delegated to the Dkector and constitutes
final agency action. Any party may file a request for rehearing of this order within
30 days from the date of its issuance, as provided in section 313(a) of the FPA, 16 U.S.C.
§ 825/ (2006), and section 385.713 ofthe Commission's regulations, 18 C.F.R. § 385.713
(2012). The filing of a request for rehearing does not operate as a stay of the effective
date of this exemption or any of its requirements. The exemptee's failure to file a request
for rehearing shall constitute acceptance of this order.
Kelly Houff
Chief, Engineering Resources Branch
Division of Hydropower Administration
and Compliance
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Standard Terms and Conditions of Exemption from Licensing
18 C.F.R. §4.94(2012)
Any exemption granted under § 4.93 of the Commission's regulations, 18 C.F.R.
§ 4.93 (2012), for a small conduit hydroelectric facility is subject to the following
standard terms and conditions:
Article 1. The Commission reserves the right to conduct investigations under
sections 4(g), 306, 307, and 311 ofthe Federal Power Act with respect to any acts,
complaints, facts, conditions, practices, or other matters related to the constmction,
operation, or maintenance of the exempt facility. If any term or condition of the
exemption is violated, the Commission may revoke the exemption, issue a suitable order
under section 4(g) ofthe Federal Power Act, or take appropriate action for enforcement,
forfeiture, or penalties under Part III of the Federal Power Act.
Article 2. The constmction, operation, and maintenance ofthe exempt project
must comply with any terms and conditions that the United States Fish and Wildlife
Service and any state fish and wildlife agencies have determined are appropriate to
prevent loss of, or damage to, fish and wildlife resources or otherwise to carry out the
purposes of the Fish and Wildlife Coordination Act, as specified in Exhibit E of the
application for exemption from licensing or in the comments submitted in response to the
notice of the exemption application.
Article 3. The Commission may revoke this exemption if actual constmction of
any proposed generating facilities has not begun within two years or has not been
completed within four years from the effective date of this exemption. If an exemption is
revoked under this article, the Commission will not accept from the prior exemption
holder a subsequent application for exemption from licensing or a notice of exemption
from licensing for the same project within two years of the revocation.
Article 4. In order to best develop, conserve, and utilize in the public interest the
water resources of the region, the Commission may require that the exempt facilities be
modified in stmcture or operation or may revoke this exemption.
Article 5. The Commission may revoke this exemption if, in the application
process, material discrepancies, inaccuracies or falsehoods were made by or on behalf of
the applicant.
Article 6. Before transferring any property interests m the exempt project, the
exemption holder must inform the transferee of the terms and conditions of the
exemption. Within 30 days of transferring the property interests, the exemption holder
must inform the Commission of the identity and address of the transferee.
20130812-3020 FERC PDF (Unofficial) 08/12/2013
Document Content(s)
P-14501-000.DOC 1-10
/7
CITY OP
V CARLSBAD
Risk Management
EXHIBIT if
www.carlsbadca.gov
CERTIFICATE OF INSURANCE
This Certificate is issued as a matter of information only and confers no rights upon the
certificate holder.
This is to certify that the CITY OF CARLSBAD is self-insured (with excess coverage
through CAMEL) for hability purposes and permissively self-insured for Worker's
Compensation coverages.
Funds are available for payment of claims for damages. Claims for Damages against the
City ofCarlsbad may be filed with the City Clerk, Carlsbad City Hall, 1200 Carlsbad
Village Drive, Carlsbad, Califomia 92008, as set forth in Califomia Govemment Code
sections 900 et. seq.
Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate may be issued or may pertain, payments for Claims
for Damages, including defense and mdemnity, may be restricted by law.
Subject Matter of this Certificate: Interconnection Agreements: City of Carlsbad
Project/Hydro Conduit Project (appID15334)
Date Issued:
Issued To:
August 12,2013
San Diego Gas & Electric
Issued by: CITY OF CARLSBAD
1635 Faraday Avenue
Carlsbad, CA 92008
by:
ED GARBO
Risk Manager
tr
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2470 F 760-602-8555 ®
ISSUE DATE (MM/DD/YY)
EVIDENCE OF INSURANCE juiyi.2013
PRODUCER
ALLIANT INSURANCE SERVICES, INC.
P.O. Box 6450
Newport Beach, CA 92658-6450
Ph (949) 756-0271 / Fax (949) 756-2713
Ucense No. 0C36861
THIS EVIDENCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE HOLDER. THIS DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.
PRODUCER
ALLIANT INSURANCE SERVICES, INC.
P.O. Box 6450
Newport Beach, CA 92658-6450
Ph (949) 756-0271 / Fax (949) 756-2713
Ucense No. 0C36861 COMPANIES AFFORDING COVERAGE
INSURED
City of Carlsbad
Attn: Terie Rowley
1635 Faraday Avenue
Carlsbad, CA 92008
COMPANY A « . . . « ^
LETTER A Starr Indemnity & Liability Company
INSURED
City of Carlsbad
Attn: Terie Rowley
1635 Faraday Avenue
Carlsbad, CA 92008
COMPANY Q
LETTER "
INSURED
City of Carlsbad
Attn: Terie Rowley
1635 Faraday Avenue
Carlsbad, CA 92008
COMPANY fs.
LETTER V*
INSURED
City of Carlsbad
Attn: Terie Rowley
1635 Faraday Avenue
Carlsbad, CA 92008 COMPANY
LETTER *J
INSURED
City of Carlsbad
Attn: Terie Rowley
1635 Faraday Avenue
Carlsbad, CA 92008
COMPANY ^
LETTER t
COVERAGES
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSION AND CONDITIONS OF SUCH POLICIES.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
DATE (MM/DD/YY>
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY GENERAL AGGREGATE
COMMERCIAL GENERAL
LIABIUTY
CLAIMS
MADE
OWNER'S & CONTRACTOR'S PROT.
PRODUCTS-COMP/OP AGG.
• OCCUR PERSONAL & ADV. INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED. EXPENSE (Any one person)
AUTOMOBILE LIABILITY
ANY AUTO COMBINED SINGLE
LIMIT
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
EXCESS LIABILITY
UMBRELLA FORM
MUNICIPAL LIABILITY
ANML PROGRAM
SISCPEA00000713
07/01/13 07/01/14 EACH OCCURRENCE 5,000,000
•AGGREGATE
EXCESS OF UNDERLYING
Corridor Aggregate Retention
SIR
10,000,000
$500,000
$1.000.000
WORKER'S COMPENSATION
AND
EMPLOYER'S LIABILITY
EACH ACCIDENT
DISEASE-POLICY LIMIT
DISEASE-EACH EMPLOYEE
OTHER
ANNUAL AGGREGATE APPLIES TO PRODUCTS/COMPLETED OPERATIONS
THIS EVIDENCE REPRESENTS SOLELY A CURRENT STATEMENT THAT A POLICY IS IN EFFECT FOR THE NAMED INSURED ONLY.THAT SUCH POLICY
CONVEYS NO PROTECTION OR RIGHTS TO ANYONE OTHER THAN THE NAMED INSURED, AND THAT REFERENCE TO THE POLICY MUST BE MADE FOR
THE TERMS AND CONDITIONS OF THE COVERAGE THEREUNDER.
DESCRiPTiON
ISSUED FOR PURPOSES OF EVIDENCING COVERAGE UNTIL RECEIPT OF COMPANY POLICY LISTED ABOVE.
CANCELLATION
FOR EVIDENCE ONLY
SUBJECT TO 10 DAYS NOTICE OF CANCELLATION
FOR NON-PAYMENT OF PREMIUM.
G:\_Cllent Fltes\Callfornia Municipal Excess Liability Program (CAMEL)\Camel 2013-2014\3. Binder-Bind Order\13-14 EOC Carlsbad Optional Excess Liab.doc 'a
CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
06/27/2013
PRODUCER
ALLIANT INSURANCE SERVICES, INC.
P.O. Box 6450
Newport Beach, CA 92658-6450
Ph (949) 756-0271 / Fax (949) 756-2713 License No. 0C36861
INSURED
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A SECURITY NATIONAL INSURANCE COMPANY
COMPANY
LETTER B
COMPANY
LETTER C
COMPANY
LETTER D
ALLIANT NATIONAL MUNICIPAL LIABILITY PROGRAM (ANML)
CALIFORNIA MUNICIPAL EXCESS LIABILITY PROGRAM (CAMEL)
CITY OF CARLSBAD
ATTN: TERIE ROWLEY
1635 FARADAY AVE.
CARLSBAD, CA 92008
COMPANY
LETTER
COVERAGES mm THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED
OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSION AND CONDITIONS OF SUCH POLICIES.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY) LIMITS
GENERAL LIABILITY GENERAL AGGREGATE
COMMERCIAL GENERAL
LIABILITY
CLAIMS I I OCCUR MADE I I
OWNER'S & CONTRACTOR'S
PROT.
PRODUCTS-COMP/OP AGG.
PERSONAL & ADV. INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED. EXPENSE (Any one
person)
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE LIMIT
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
EXCESS LIABILITY
UMBRELLA FORM
MUNICIPAL LIABILITY
ANML PROGRAM
SPP1011335 01
07/01/2013 07/01/2014 EACH OCCURRENCE $ 10,000,000
•AGGREGATE $ 10,000,000
SIR $ 1,000,000
EMPLOYMENT PRACTICES
UAPHITY SIR $ 1,000,000
CORRIDOR AGGREGATE
RETENTION $ 500,000
WORKER'S COMPENSATION
AND
EMPLOYER'S LIABILITY
EACH ACQ DENT
DISEASE-POLICY LIMIT
DISEASE-EACH EMPLOYEE
OTHER
•ANNUAL AGGREGATE APPLIES TO EACH ENTITY FOR PRODUCTS/COMPLETED OPERATIONS.
THIS EVIDENCE REPRESENTS SOLELY A CURRENT STATEMENT THAT A POLICY IS IN EFFECT FOR THE NAMED INSURED ONLY, THAT SUCH POLICY
CONVEYS NO PROTECTION OR RIGHTS TO ANYONE OTHER THAN THE NAMED INSURED, AND THAT REFERENCE TO THE POLICY MUST BE MADE FOR
THE TERMS AND CONDITIONS OF THE COVERAGE THEREUNDER.
DESCRIPTION
ISSUED FOR PURPOSES OF EVIDENCING COVERAGE UNTIL RECEIPT OF COMPANY POLICY NOTED ABOVE.
CANCELLATION
EVIDENCE OF INSURANCE
SUBJECT TO 10 DAYS NOTICE OF CANCELLATION
FOR NON-PAYMENT OF PREMIUM.
AUTHORIZED REPRESENWIVE ^
Pressure Control
Hydroelectric Facility
at Maerkle Reservoir,
Project No. 5025
Project Site
Hydroelectric Building Layout
Flow
Hydroelectric Building Profile
Flow
Similar Size Hydroelectric
Generator
Inflow Pipe
Reverse
Turbine
Pump
Outlet Pipe
Hydroelectric Generator
•Type - Reverse Turbine Pump
•Available Water Pressure: 134 psi
•Optimum flow: 6.75 cfs
•Generator Power: 135 kW
•Annual Electricity Production: 833,000 kWhr.
(based on recent history of water purchases)
Project Cost Estimate
Description Estimated
Cost
Reports, Plans, and Specifications $459,371
Construction Cost & Contingency $1,194,652
Construction Management & Inspection $48,505
Construction Support & Startup $ 97,472
Total Project Budget $1,800,000
Current Appropriation $2,000,000
Project Schedule
FERC License – Completed August 12, 2013
SDG&E Tariff Agreement – 4 months
(September 2013 to December 2013)
Construction – 10 months
(September 2013 to June 2014)
Begin Operation – July 2014
SDG&E Tariff
Tariff Options:
Feed-in Tariff – Long Term Agreement with Fixed Price
Net Metering – Annual Power Production needs to
match Power Demand at the site
RES-BCT
“Commodity Charge Credit” is provided for up to 50 meters
“Renewable Energy Credits” are Carlsbad’s to sell
“Demand Savings” in the demand portion of the billing from
generator reducing demand for 10 out of 12 months
Recommended Tariff: RES-BCT
Meter Accounts for RES-BCT Credit
Facility Location Account No. July – August
Demand (kWhr)
Carlsbad Water
Recycling Facility
6216 Avenida
Encinas
06697751 669,354
Maerkle
Reservoir
5300 Sunny Creek
Rd.
01856725 197,120
CMWD
Operations
5950 El Camino
Real
06583602 187,474
Bressi Pump
Station
6170 Campbell
Place
01879217 154,680
Calavera Pump
Station
4758 Rift Road 01879231 94,961
Total 1,303,589
1. SDG&E is evaluating the appropriate rates to
use for the RES-BCT Tariff.
2. . NPV Payback Period: 10 to 15 years depending
on Commodity Rate and inflation assumed at 4%
3. Existing Commodity Rate options have a large
range. The DG-R rate is 10¢ to 16¢
4. SDG&E is recommending a large increase in
their Rates beginning September 2013
18 % overall with a Commodity rate Increase of
7% to 8%