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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ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • REPORT RECEIVED • The bid documents specified to the bidders that the award of the contract would be based on the amount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 4 5 6 7 8 9 10 11 12 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 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The Executive Manager is hereby authorized to approve construction change orders up to $100,000. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 20130812-3020 FERC PDF (Unofficial) 08/12/2013 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). 1 20130812-3020 FERC PDF (Unofficial) 08/12/2013 Project No. 14501-000 -2- 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. 20130812-3020 FERC PDF (Unofficial) 08/12/2013 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). 20130812-3020 FERC PDF (Unofficial) 08/12/2013 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). 10 20130812-3020 FERC PDF (Unofficial) 08/12/2013 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). 20130812-3020 FERC PDF (Unofficial) 08/12/2013 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. 20130812-3020 FERC PDF (Unofficial) 08/12/2013 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: /3 20130812-3020 FERC PDF (Unofficial) 08/12/2013 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 /4 20130812-3020 FERC PDF (Unofficial) 08/12/2013 Project No. 14501-000 -9- 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 16 20130812-3020 FERC PDF (Unofficial) 08/12/2013 Project No. 14501-000 - 10 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%