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05-0816_R.W. BECK, INC_Personal Services Agreement0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this i�� day of , 2005, by and between the City of San Juan Capistrano (hereinafter ref rred to as the "City") and R.W. Beck, Inc., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide professional consulting services related to the standby power supply and electrical co -generation analyses for the Groundwater Recovery Plant; and, WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later one year. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed fifty-four thousand eight hundred twenty dollars ($54,820), as set forth in Exhibit "A," attached and incorporated herein by reference. 1 So 0 0 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "A," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services, which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records, in accordance with generally accepted accounting principles and practices, of all costs and expenses incidental to services covered by this Agreement. Upon reasonable written request, these records will be made available to City during Consultant's business hours for a period of 3 years after completion of the services. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. 2 0 0 Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant agrees that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant agrees that, to the best of the knowledge of the undersigned, it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format (e.g. Microsoft Word, Microsoft Excel, etc.). All services to be rendered hereunder shall be subject to the direction and approval of the City. 3 0 • Section 12. Confidentiality and Ownership of Documents All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement (Work Products) are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior consent of the City provided Consultant shall not be prohibited from disclosing or using any information which: (a) Is or becomes generally available to the public other than as result of disclosure by Consultant (b) Was already in Consultant's possession before any disclosure of the information by City (c) Has been or is obtained by Consultant from a third party (d) Is independently developed by Consultant All such reports, information, data and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City, provided however City shall not rely on or use these work products for any purpose other than the purposes under this Agreement and the work products shall not be changed without prior written approval of Consultant. If City releases the Work Products to a third party without Consultant's prior written consent, or changes or uses them other than as intended hereunder, (a) City does so at its sole risk and discretion, (b) Consultant shall not be liable for any claims or damages resulting from the change or use or connected with the release or any third party's use of the Work Products and (c) City shall indemnify, defend and hold Consultant harmless from any and all claims or damages related to the release, change or reuse. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from and against any liability (including without limitation, reasonable costs and attorneys' fees) incurred by City to the extent caused by the Consultant's negligent acts, errors or omissions, including judgments in favor of any third party. City agrees to provide the same indemnification of Consultant if Consultant incurs liability as result of City's negligent acts, errors or omissions, including judgments in favor of any third party. Total liability of Consultant shall not exceed the revenue received by Consultant under this Agreement or three hundred thousand dollars (U.S. $300,000), whichever is greater, and Consultant shall not be liable to City for any consequential damages. El 0 • Section 14. Insurance. Insurance required herein shall be valid for a minimum of one year, or term of contract, whichever is longer, and it shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability N1 policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/TermMation of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: 0 0 To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director To Consultant: R.W. Beck, Inc. 2175 North California Blvd, Suite 990 Walnut Creek, CA 94596 With a copy to: Linda A. Wandell, Esq. (which will not be considered notice) 1001 Fourth Avenue, Suite 2500 Seattle, WA 98154-1004 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). 7 Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: R. Monahan, City Clerk APPROVED AS TO FORM: q qubW, John R. Shiw, City Attorney 0 CITY OF SAN JUAN CAPISTRANO «. i / /i/, yart, mayor CONSULTANT By: 1&4111�Q. `w R.W. Beck, Inc. 0 0 May 25, 2005 Mr. Eric Bauman, P.E. City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Dear Mr. Bauman, Per our phone conversation yesterday, I'm providing you with this revised letter proposal to provide the City of San Juan Capistrano (City) with professional management consulting services related to the standby power supply and electrical co -generation analyses for the City's groundwater desalination facilities. A Scope of Work and Budget for the services R. W. Beck, Inc. will provide to the City is presented below and has been divided into three distinct phases in order to help you more efficiently address your needs. Scope of Work Phase I Objective Determine standby and/or emergency power requirements for the 5-mgd groundwater desalination facility. Proposed features of this needs assessment are provided in the tasks below. Task 0 Review City Power Generation Options Obtain and analyze regulatory and utility requirements and performance criteria for cogeneration, interconnection and backup. Determine overall feasibility of the four configuration options identified by the City. Determine whether the City will realize any economic advantage in light of the "bypass charges" assessed by CPUC for on-site generation activities. Further, this task will include conversations with SDG&E to explore their interest in developing a cogeneration project on the site. Task 1 Establish General Requirements Review existing documentation and meet with City and private operator of facility to establish the parameters of the standby and/or emergency power requirements. This will include: ■ Identification of critical loads ■ Health and Safety, as well as equipment protection requirements ■ Duration of the outage or protection period ■ Viable sources of fuel (diesel, natural gas, etc.) ■ Degree of redundancy and/or separation to be provided ■ Corporate purpose and basis for standby power capability Exhibit A 0 , Mr. Eric Bauman May 25, 2005 Page 2 Task 2 Site Visit Conduct a one -day site visit to observe facilities and meet with key staff to review and/or obtain site specific information, including: ■ Site facilities plan, showing location of electrical interconnection with utility, building and yard layout, primary services such as raw water and gas ■ Existing documentation and analysis related to electricity supply characteristics of the treatment plant and wells ■ Electrical "I -line" drawings showing supply transformers, voltages, and configuration of served loads ■ Facility emergency or contingency procedures related to loss of power, equipment protection, and facility safety ■ Staff and operator's perspective on emergency operations and their prioritization of critical loads and operation ■ Copies of site facility permits relating to operational use of air and water ■ Previous studies regarding electricity capacity Task 3 Load Analysis Using information provided by the City and incorporating the findings of Task 2, determine the loads to be supported during emergency conditions for the treatment plant and wells. This will establish power requirements, in kilowatts, and number of hours to be operated. Task 4 Generation Hardware Evaluation 1 ECO Resources Coordination Review available generation hardware to establish a standby capability meeting load and duration requirements, and ability to use available fuels while meeting local permitting criteria. Meet with City and private operator (ECO Resources, Inc.) of groundwater treatment facility to establish the parameters, limitations and other requirements associated with the potential utilization of an emergency power generator and or and electrical cogeneration facility. Topics to be addressed include: ■ Conceptual design considerations ■ Possible operational impacts ■ Impact of project sitting alternatives ■ Financial incentives (all parties) ■ Construction scheduling protocol ■ Impact of waste heat from cogeneration on reverse osmosis treatment process RWneck_Proosal Pii-an Capistrano v5.doc Mr. Eric Bauman May 25, 2005 Page 3 Task 5 Summary Report / RFP Module Prepare a summary report that includes: ■ Objective function for standby/emergency power, including reliability requirements ■ Discussion of the recommended configuration for standby / cogeneration ■ Outline of alternatives for integrating standby generation into the facility ■ Outline of the issues important to design, permit, construct, and operation, including a Definition of the scope of services to be provided by alternate electricity supply firm/team ■ Estimates cost(s) of equipment, permitting, construction, installation, and operation for the configurations deemed viable under Task 1. ■ Evaluation of the expected efficiency in terms of KWH and KW ■ An analysis of impact of waste heat on the reverse osmosis treatment process ■ A proposed penalty structure for failure of generation system commonly used in the industry ■ An evaluation of the value of energy incentives provided government agencies, or power companies This report will be constructed to serve as a key component of a City solicitation for standby/emergency power services, should the City elect to procure these services competitively. The deliverable developed in Task 5 will be directly utilized under the Phase II services described below, forming the basis of the Request for Proposals (RFP) document. Task 6 Ownership and Governance Analysis Provide a presentation and facilitate a half-day workshop discussion of alternatives for ownership and governance of a publicly -owned electric system. This analysis and discussion will include a description of each alternative and the advantages and disadvantages of each of the forms of organizations. Specific alternatives to be addressed include: ■ Municipal ownership ■ Municipal Utility District (MUD) formation ■ Joint action agencies In addition, a brief discussion of options other than ownership, namely Community Choice Aggregation under California Assembly Bill 117 will also be presented. Effort under this task includes preliminary analysis and one on-site workshop with City staff and officials to present the material and respond to questions. RWBmk_Pro om1 P0361 San Juan Capistrano 0.doc 0 Mr. Eric Bauman May 25, 2005 Page 4 Budget — Phase I The budget for the Phase I services described above is presented in the table below. Task Task 0 — Review City Generation Options Task 1— Establish General Requirements Task 2 — Site Visit Task 3 — Load Analysis Task 4 — Hardware Evaluation / ECO Coordination Task 5 — Summary Report Task 6 — Ownership and Governance Analysis Subtotal — Labor Hourly Rate Labor Charges Travel Costs Computer Charges and Direct Expenses Total — Phase I Project Senior Director Project Staff Hours Hours Total 4 40 44 24 24 8 20 28 24 24 12 88* 100 4 48 52 8 28 36 36 272 308 $245 $150 Er", $8,820 $40,800 $49,620 $2,700 $2,500 * Reduces by 24 hours should cogeneration option(s) be determined infeasible in Task 0. Phase IIA 1 IIB Because the City will need to make a number of policy decisions at the conclusion of the Phase I effort, we are unable to provide a definitive scope or budget for the "Phase II A / IIB" services described in the City's RFP. While R.W. Beck possesses considerable expertise and resources to provide the high quality services anticipated under Phase IIA / IIB, we believe it would be more appropriate to develop this scope once the Phase I analyses have been completed. RWBeck_Proposalan Capistrano 0.doc 0 Mr. Eric Bauman May 25, 2005 Page 5 0 If this proposal is acceptable to you, please sign and date both copies of this letter and return to me. I will provide you with R. W. Beck's standard Professional Services Agreement for your review. If it satisfactory and you approve of it, please sign and return one copy to us at your earliest convenience. If I can answer any questions, please let me know. I can be reached at 510-301-5066 or at krhorer@rwbeck.com I look forward to continuing to work with you on this project. Sincerely, R. W. BECK, INC. Kyle B. Rhorer Vice President Western Director — Owner Advisory Services ACCEPTED BY: Title: Date: RWBeck_Pro osal Pii-an Capistrano v5.doc 0 0 July 24, 2006 Via U.S. Mail Ms. Maria Guevara Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 RECEIVED 200h JUL 21 P 1: CITY Cl_ERi� SAN JUAN CAPISTRANO Subject: Compliance with Insurance Requirements — Groundwater Recovery Plant Standby Power Dear Ms. Guevara: We have not submitted an insurance renewal certificate because R. W. Beck, Inc. completed the subject project in January 2006 and received final payment from the City in March. If you have any questions, please do not hesitate to contact us. Sincerely, R. W. BECK, INC. 41�B . Rhorer Vice President :jm 013067 109-00409-01000 1 Ltr re InsuranceAm 2720 Gateway Oaks Drive, Suite 310 Sacramento, CA 95833-4304 Phone 19 1 61 9-19-3653 Fax (916) 929-1710 e __Amk ACORD- CERTIFICA E OF LIABILITY INSU ANCE DATE 06/29/05Dmvv) PRODUCER Seattle Office_ ABD Insurance Financial Service, _ __ Illi L THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TERTHEHIS CERTIFICATE DOES COVERAGE AFFORDED BY AMEND, EXTEND OR THE HE POLIC ES BELOW, 601 Union Streett Suite 3310 ! I� � Seattle, WA 98101 ( 1 POLICYEFFECTWE DATE III 1DDfYYI N RERS AFFORDING COVERAGE NAIC # INSURED R.W. Beck InC. JUL 1 Loot- 1001 Fourth Avenue Sul a 2506 Seattle, WA 98154.1004; PUBLIC '0,10?KS ERA: Twin City Fire Insurance Company INSURER B: Travelers Property Casualty Co. of A INSURER c Lexington Insurance Company INSUR RD: ARE: 07/01/06 COVERAGES 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD1 INSRE TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTWE DATE III 1DDfYYI POLICY EXPIRATION DATE MMIDOfYYI LIMITS A GENERAL LIABILITY 52UUNT06989 07/01/05 07/01/06 EACH OCCURRENCE 31000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300000 PREMISE CLAIMS MADE F7X OCCUR MED EXP (Any ane person) $10,000 PERSONAL S ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 POLICY PRO- LOC B AUTOMOBILE X LIABILITY ANY AUTO P810532D5822TIL05 07/01/05 07/01/06 COMBINED SINGLE LIMIT $7,000,000 (Ea accident) BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY 3 (Per accident) X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR FICLAIMS MADE AGGREGATE $ 3 $ DEDUCTIBLE $ RETENTION $ A WORKERS COIAPENSAnON AND 52WENZ8302 07/01/05 07/01/06 X WCSTATU- J OTH- EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $1,00-0,00-0 E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $1000,000 C OTHER Professional $139774 07/01/05 07/01/06 $1,000,000 Per Claim Liability $1,000,000 Aggregate $250,000 Retention DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: Prof Consulting for Co-gen/San Juan Capistrano (San Diego) City of San Juan Capistrano is Primary Additional Insured as respects the referenced project. City of San Juan Capistrano Public Works Division Attn.: Michelle Perea 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25(2001/08) 1 of 2 #1111104286 RWBECKINC N2M 0 ACORD CORPORATION 1903 'POLICY NUMBER: UUNTQ 618 0 Issued to R.W. Beck, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT - OPTION IV This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Designated Project(s) or Location(s) Of Covered Operations City of San Juan Capistrano Prof Consulting for Co-gen/San Juan Capistrano Information required to com fete this Schedule, if not shown above, will be shown in the Declarations. A. Section It - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule above with whom you agreed in a written contract or written agreement to provide insurance such as is afforded under this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations for such additional insured at the project(s) or location(s) designated in the Schedule; 2. In connection with your premises owned by or rented to you and shown in the Schedule; or 3. In connection with "your work" for the additional insured at the project(s) or location(s) designated in the Schedule and included within the "products -completed operations hazard", but only if: a. The written contract or agreement requires you to provide such coverage to such additional insured at the project(s) or location(s) designated in the Schedule; and b. This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". B. The insurance afforded to these additional insureds applies only: 1. If the 'occurrence" or offense takes place subsequent to the execution of such written contract or written agreement; and 2 While such written contract or written agreement is in force, or until the end of the "policy period," whichever is earlier. C. With respect to the insurance afforded to these additional insureds under this endorsement, the following additional exclusion applies: Form HS 24 83 06 05 Page 1 of 3 © 2005, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) 0 0 This insurance does not apply to "bodily injury', a. Immediately send us copies of any "property damage" or "personal and advertising demands, notices, summonses or legal injury" arising out of the rendering of or the failure papers received in connection with the to render any professional architectural, claim or "suit"; engineering or surveying services by or for you, b. Authorize us to obtain records and other including: information; 1. The preparing, approving, or failing to prepare c. Cooperate with us in the investigation or or approve maps, shop drawings, opinions, settlement of the claim or defense against reports, surveys, field orders, change orders, the "suit"; and designs or specifications; and d. Assist us, upon our request, in the 2. Supervisory, inspection, architectural or enforcement of any right against any person engineering activities. g g or organization which may be liable to the D. How Limits Apply To Additional Insureds insured because of injury or damage to The most we will pay on behalf of the additional which this insurance may also apply. insured shown in the Schedule is the lesser of: 4. Obligations At The Additional Insureds 1. The limits of insurance specified in the written Own Cost contract or written agreement; or No additional insured will, except at that 2. The Limits of Insurance shown in the insured's own cost, voluntarily make a Declarations. payment, assume any obligation, or incur any expense, other than for first aid, without our Such amount shall be a part of and not in addition consent. to Limits of Insurance shown in the Declarations and described in this Section. 5. Additional Insureds Other Insurance E. Duties Of Additional Insureds In The Event Of If we cover a claim or "suit" under this Occurrence, Offense, Claim Or Suit Coverage Part that may also be covered by The Duties Condition in Section IV -Conditions other insurance available to the additional insured, such additional insured must submit is replaced by the following and applies to the such claim or "suit" to the other insurer for additional insured shown in the Schedule: defense and indemnity. 1. Notice Of Occurrence Or Offense However, this provision does not apply to the The additional insured must see to it that we extent that you have agreed in a written are notified as soon as practicable of an contract or written agreement that this "occurrence" or an offense which may result in insurance is primary and non-contributory with a claim. To the extent possible, notice should the additional insured's own insurance. include: 6. Knowledge Of An Occurrence, Offense, a. How, when and where the "occurrence" or Claim Or Suit offense took place; Paragraphs 1. and 2. applies to the additional b. The names and addresses of any injured insured only when such "occurrence", offense, persons and witnesses; and claim or "suit" is known to: c. The nature and location of any injury or a. The additional insured that is an damage arising out of the "occurrence" or individual; offense. b. Any partner, if the additional insured is a 2. Notice Of Claim partnership; If a claim is made or "suit" is brought against c. Any manager, if the additional insured is a the additional insured, the additional insured limited liability company; must: d. Any "executive officer" or insurance a. Immediately record the specifics of the manager, if the additional insured is a claim or "suit" and the date received; and corporation; b. Notify us as soon as practicable. e. Any trustee, if the additional insured is a The additional insured must see to it that we trust; or receive written notice of the claim or "suit" as f. Any elected or appointed official, if the soon as practicable. additional insured is a political subdivision 3. Assistance And Cooperation Of The or public entity. Insured The additional insured must: Page 2 of 3 Form HS 24 83 06 05 F F. Other Insurance With respect to insurance provided to the additional insured shown in the Schedule, the Other Insurance Condition Section IV - Conditions is replaced by the following: 1. Primary Insurance a. Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in 3. below. b. Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs a. and b. do not apply to other insurance to which the additional insured has been added as an additional insured or to other insurance described in paragraph 2. below. 2. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: a. Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; b. Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; c. Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; d. Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g, of Section I — Coverage A — Bodily Injury And Property Damage Liability; 0 e. Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; or f. When You Are Added As An Additional Insured To Other Insurance That is any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: a. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and b. The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 3. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Form HS 24 83 06 05 Page 3 of 3 • 8/16/2005 Gla AGENDA REPORT TO: Dave Adams, City Manager BO` FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of Agreement for a Standby Power Supply and Electrical Cogeneration Analyses for the Groundwater Recovery Plant (R.W. Beck, Inc.) (CIP #758) RECOMMENDATION: By motion, approve the agreement with R.W. Beck, Inc. for the Standby Power Supply and Electrical Cogeneration Analyses for the Groundwater Recovery Plant in the amount of $54,820; and authorize the Mayor to execute the agreement. SITUATION: At the request of the Water Advisory Commission, staff sought professional management consulting services to perform a needs evaluation and then to solicit the design, construction, operation and financing, (DBOF) of a standby power supply and/or an electrical cogeneration for the City's Groundwater Recovery Plant (GWRP). Staff requested evaluation of four configurations to meet the electrical demands of the GWRP and its supply wells, which are as follows: 1. Using a gas powered cogeneration system to supply the base electric load for operation while using SDG&E power for the remaining demand and backup electricity; 2. Using a gas powered cogeneration system to supply all of the electric demand and either selling excess power to SDG&E or not fully utilizing the generation capacity at all times, and using SDG&E as the backup power supply; 3. Using a gas powered cogeneration system to supply the base electric load for operation while using a diesel backup power system to supply power in the absence of SDG&E power for the remaining demand; 4. Keeping SDG&E as the primary source of electricity and using diesel power only for emergency power backup. After a full evaluation of the alternatives, the consultant is to recommend one alternative for the development of a request for proposal (RFP) to solicit the DBOF for construction and operation of the selected alternative. The preparation of the RFP will require a separate contract. At its meeting of May 24, 2005, the Water Advisory Commission requested that the analysis include an evaluation of the alternatives for ownership and governance of a publicly -owned electric system. This analysis and discussion will 1] AGENDA REPORT Paqe 2 0 August 16, 2005 include a description of each alternative and the advantages and disadvantages of each of the forms of organizations. Specific alternatives to be addressed include: Municipal Ownership, Municipal Utility District (MUD) formation, or Joint action agencies. Council may desire only the standby power analysis the fee of $48,660; if it wishes inclusion of the utility district formation issues, the fee would be increased by $6,160, for a total contract of $54,820. Four firms who have expertise in this field were solicited for proposals to perform the above described work. Two proposals were received, one from R.W. Beck, Inc. ($54,820), and a second from Black and Veatch ($92,000). R.W. Beck, Inc. provided and complied with all of the requirements of the RFP. In addition, we have utilized R.W. Beck, Inc. services previously on the GWRP in the negotiations of the contract with ECO Resources, which makes them better equipped to make modifications to the existing contract; staff, therefore, recommends the entering into an agreement with R.W. Beck, Inc. to perform the evaluation of cogeneration power supply options. NOTIFICATION: R.W. Beck, Inc. Black and Veatch COMMISION REVIEW AND RECOMENDATION: At its May 24, 2005, meeting, the Water Advisory Commission recommended approval of the contract with R.W. Beck, Inc. with modifications to include a discussion regarding Municipal Utility District. FINANCIAL CONSIDERATIONS: There are sufficient funds available in CIP No. 758 to cover this agreement. ENVIRONMENTAL REVIEW: Approval of the agreement has been determined by the City's Environmental Administrator to be categorically exempt for environmental review pursuant to Section 15306 (Class 6 — Basic Data Collection, resource evaluation) of the CA Environmental Quality Act (CEQA) guidelines. Li AGENDA REPORT Paae 3 RECOMMENDATION: 41 August 16, 2005 By motion, approve the agreement with R.W. Beck, Inc. for the Standby Power Supply and Electrical Co -Generation Analyses for the Groundwater Recovery Plant in the amount of $54,820; and authorize the Mayor to execute the agreement. Respectfully submitted, Amy Amirani Public Works Director Prepared by, � Eric P. Bauman Water Engineering Manager Attachment: 1. Personal Services Agreement 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of 2005, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and R.W. Beck. Inc., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide professional consulting services related to the standby power supply and electrical co -generation analyses for the Groundwater Recovery Plant; and, WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later one year. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed fifty-four thousand eight hundred twenty dollars ($54,820), as set forth in Exhibit "A," attached and incorporated herein by reference. ATTACHMENT 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "A," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services, which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records, in accordance with generally accepted accounting principles and practices, of all costs and expenses incidental to services covered by this Agreement. Upon reasonable written request, these records will be made available to City during Consultant's business hours for a period of 3 years after completion of the services. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. 2 Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant agrees that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant agrees that, to the best of the knowledge of the undersigned, it presently has no interest and shail not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format (e.g. Microsoft Word, Microsoft Excel, etc.). All services to be rendered hereunder shall be subject to the direction and approval of the City. 3 0 0 Section 12. Confidentiality and Ownership of Documents All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement (Work Products) are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior consent of the City provided Consultant shall not be prohibited from disclosing or using any information which: (a) Is or becomes generally available to the public other than as result of disclosure by Consultant (b) Was already in Consultant's possession before any disclosure of the information by City (c) Has been or is obtained by Consultant from a third party (d) Is independently developed by Consultant All such reports, information, data and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City, provided however City shall not rely on or use these work products for any purpose other than the purposes under this Agreement and the work products shall not be changed without prior written approval of Consultant. If City releases the Work Products to a third party without Consultant's prior written consent, or changes or uses them other than as intended hereunder, (a) City does so at its sole risk and discretion, (b) Consultant shall not be liable for any claims or damages resulting from the change or use or connected with the release or any third party's use of the Work Products and (c) City shall indemnify, defend and hold Consultant harmless from any and all claims or damages related to the release, change or reuse. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from and against any liability (including without limitation, reasonable costs and attorneys' fees) incurred by City to the extent caused by the Consultant's negligent acts, errors or omissions, including judgments in favor of any third party. City agrees to provide the same indemnification of Consultant if Consultant incurs liability as result of City's negligent acts, errors or omissions, including judgments in favor of any third party. Total liability of Consultant shall not exceed the revenue received by Consultant under this Agreement or three hundred thousand dollars (U.S. $300,000), whichever is greater, and Consultant shall not be liable to City for any consequential damages. 11 0 0 Section 14. Insurance. Insurance required herein shall be valid for a minimum of one year, or term of contract, whichever is longer, and it shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability 5 i 0 policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancel Iation/Term ination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. if the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: 9 r To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director To Consultant: R.W. Beck, Inc. 2175 North California Blvd, Suite 990 Walnut Creek, CA 94596 With a copy to: s Linda A. Wandell, Esq. (which will not be considered notice) 1001 Fourth Avenue, Suite 2500 Seattle, WA 98154-1004 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). 7 0 0 Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John R. 7 haw, City Attorney 93 CITY OF SAN JUAN CAPISTRANO 0 Wyatt Hart, Mayor CONSULTANT By: Azl�w 14W R.W. Beck, Inc. 0 May 25, 2005 Mr. Eric Bauman, P.E. City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Dear Mr. Bauman, Per our phone conversation yesterday City of San Juan Capistrano (City) standby power supply and electrical facilities. 0 , I'm providing you with this revised letter proposal to provide the with professional management consulting services related to the co -generation analyses for the City's groundwater desalination A Scope of Work and Budget for the services R. W. Beck, Inc. will provide to the City is presented below and has been divided into three distinct phases in order to help you more efficiently address your needs. Scope of Work Phase I Objective Determine standby and/or emergency power requirements for the 5-mgd groundwater desalination facility. Proposed features of this needs assessment are provided in the tasks below. Task 0 Review City Power Generation Options Obtain and analyze regulatory and utility requirements and performance criteria for cogeneration, interconnection and backup. Determine overall feasibility of the four configuration options identified by the City. Determine whether the City will realize any economic advantage in light of the "bypass charges" assessed by CPUC for on-site generation activities. Further, this task will include conversations with SDG&E to explore their interest in developing a cogeneration project on the site. Task 1 Establish General Requirements Review existing documentation and meet with City and private operator of facility to establish the parameters of the standby and/or emergency power requirements. This will include: ■ Identification of critical loads ■ Health and Safety, as well as equipment protection requirements ■ Duration of the outage or protection period ■ Viable sources of fuel (diesel, natural gas, etc.) ■ Degree of redundancy and/or separation to be provided ■ Corporate purpose and basis for standby power capability Exhibit A Mr. Eric Bauman May 25, 2005 Page 2 Task 2 Site Visit Conduct a one -day site visit to observe facilities and meet with key staff to review and/or obtain site specific information, including: ■ Site facilities plan, showing location of electrical interconnection with utility, building and yard layout, primary services such as raw water and gas ■ Existing documentation and analysis related to electricity supply characteristics of the treatment plant and wells ■ Electrical "1 -line" drawings showing supply transformers, voltages, and configuration of served loads ■ Facility emergency or contingency procedures related to loss of power, equipment protection, and facility safety ■ Staff and operator's perspective on emergency operations and their prioritization of critical loads and operation ■ Copies of site facility permits relating to operational use of air and water ■ Previous studies regarding electricity capacity Task 3 Load Analysis Using information provided by the City and incorporating the findings of Task 2, determine the loads to be supported during emergency conditions for the treatment plant and wells. This will establish power requirements, in kilowatts, and number of hours to be operated. Task 4 Generation Hardware Evaluation 1 ECO Resources Coordination Review available generation hardware to establish a standby capability meeting load and duration requirements, and ability to use available fuels while meeting local permitting criteria. Meet with City and private operator (ECO Resources, Inc.) of groundwater treatment facility to establish the parameters, limitations and other requirements associated with the potential utilization of an emergency power generator and or and electrical cogeneration facility. Topics to be addressed include: ■ Conceptual design considerations ■ Possible operational impacts ■ Impact of project sitting alternatives ■ Financial incentives (all parties) ■ Construction scheduling protocol ■ Impact of waste heat from cogeneration on reverse osmosis treatment process RWBmk_Praposa1 PMf-nCapistrano v5.doc Mr. Eric Bauman May 25, 2005 Page 3 Task 5 Summary Report 1 RFP Module Prepare a summary report that includes: ■ Objective function for standby/emergency power, including reliability requirements ■ Discussion of the recommended configuration for standby / cogeneration ■ Outline of alternatives for integrating standby generation into the facility ■ Outline of the issues important to design, permit, construct, and operation, including a Definition of the scope of services to be provided by alternate electricity supply firm/team ■ Estimates cost(s) of equipment, permitting, construction, installation, and operation for the configurations deemed viable under Task 1. ■ Evaluation of the expected efficiency in terms of KWH and KW ■ An analysis of impact of waste heat on the reverse osmosis treatment process ■ A proposed penalty structure for failure of generation system commonly used in the industry ■ An evaluation of the value of energy incentives provided government agencies, or power companies This report will be constructed to serve as a key component of a City solicitation for standby/emergency power services, should the City elect to procure these services competitively. The deliverable developed in Task 5 will be directly utilized under the Phase II services described below, forming the basis of the Request for Proposals (RFP) document. Task 6 Ownership and Governance Analysis Provide a presentation and facilitate a half-day workshop discussion of alternatives for ownership and governance of a publicly -owned electric system. This analysis and discussion will include a description of each alternative and the advantages and disadvantages of each of the forms of organizations. Specific alternatives to be addressed include: ■ Municipal ownership ■ Municipal Utility District (MUD) formation ■ Joint action agencies In addition, a brief discussion of options other than ownership, namely Community Choice Aggregation under California Assembly Bill 117 will also be presented. Effort under this task includes preliminary analysis and one on-site workshop with City staff and officials to present the material and respond to questions. RWBwk_Pro oral PiiEan Capistrano 0.doc E Mr. Eric Bauman May 25, 2005 Page 4 Budget — Phase I LI The budget for the Phase I services described above is presented in the table below. Task Task 0 — Review City Generation Options Task 1 — Establish General Requirements Task 2 — Site Visit Task 3 — Load Analysis Task 4 — Hardware Evaluation / ECO Coordination Task 5 — Summary Report Task 6 — Ownership and Governance Analysis Subtotal — Labor Hourly Rate Labor Charges Travel Costs Computer Charges and Direct Expenses Total — Phase I Project Senior Director Project Staff Hours Hours Total 4 40 44 24 24 8 20 28 24 24 12 88` 100 4 48 52 8 28 36 36 272 308 $245 $150 ^!I'S $8,820 $40,800 $49,620 $2,700 $2,500 * Reduces by 24 hours should cogeneration option(s) be determined infeasible in Task 0. Phase IIA 1 IS Because the City will need to make a number of policy decisions at the conclusion of the Phase I effort, we are unable to provide a definitive scope or budget for the "Phase II A / IIB" services described in the City's RFP. While R.W. Beck possesses considerable expertise and resources to provide the high quality services anticipated under Phase IIA / IIB, we believe it would be more appropriate to develop this scope once the Phase I analyses have been completed. RWBe k Pro osal P0361 San Juan Capistrano v5.doc 0 • Mr. Eric Bauman May 25, 2005 Page 5 If this proposal is acceptable to you, please sign and date both copies of this letter and return to me. I will provide you with R. W. Beck's standard Professional Services Agreement for your review. If it satisfactory and you approve of it, please sign and return one copy to us at your earliest convenience. If I can answer any questions, please let me know. I can be reached at 510-301-5066 or at krhorer@rwbeck.com I look forward to continuing to work with you on this project. Sincerely, R. W. BECK, INC. Kyle B. Rhorer Vice President Western Director — Owner Advisory Services ACCEPTED BY: Title: Date: RWBeck Pro osal P0361 San Juan Capistrano v5.doc 11 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sar?luancapistrano.org August 17, 2005 R. W. Beck, Inc. 2175 North California Blvd, Ste 990 Walnut Creek, CA 94596 Dear Sir or Madam: �tide • L� 9 J,,.���yy IAfAAAAAAfFA IsueusAAA � 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN On August 16, 2005, the City Council approved a Personal Services Agreement related to providing professional consulting services concerning the standby power supply and electric co -generation analyses for the groundwater recovery plant. An original, executed agreement is enclosed for your records. Thank you for maintaining documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement in coordination with the project manager, Eric Bauman, Water Engineering Manager (949) 487-4312. Thank you, cc: Linda A. Wandell, Esq. Eric Bauman, Water Engineering Manager Amy Amirani, Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future IPrinted on recycled paper August 17, 2005 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On August 16, 2005 the City Council of San Juan Capistrano met regarding: "Consideration of Agreement for a Stand by Power Supply and Electrical Cogeneration Analysis for the Groundwater Recovery Plant (R.W. Beck, Inc.) (CIP # 758)" Item No. G 1a. The following action was taken at the meeting: Agreement with R. W. Beck, Inc. for the standby power supply and electric cogeneration analyses for the groundwater recovery plant, in the amount of $54,820, approved; and the Mayor authorized to execute the agreement If you have any questions regarding this action, please contact Eric Bauman, Water Engineering Manager at 487-4312 for more detailed information. Thank you, �G Mitzi Orti Deputy C, y Clerk Cc: R.W. Beck, Inc.; Black and Veatch; Amy Amirani, Public Works Director; Eric Bauman, Water Engineering Manager San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on recvcletl oaoer r dowe �, , 32400 PASEO ADELANTO a MEMBERS OF THE CITU COUNCIL SAN JUAN CAPISTRANO. CA 92675 i I EVATO (949) 493-1171 /,�y - - 1/ 'VAIOAPORAtFA DIANESAM DIANE ATHGATE (949) 493-1053 EAx fS1AAllf XEA 1961 MATT HART 11Mb0..1'anlitancatliStrano. of f; I]]6 JOE SOTO DAVID M. SWERDLIN August 17, 2005 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On August 16, 2005 the City Council of San Juan Capistrano met regarding: "Consideration of Agreement for a Stand by Power Supply and Electrical Cogeneration Analysis for the Groundwater Recovery Plant (R.W. Beck, Inc.) (CIP # 758)" Item No. G 1a. The following action was taken at the meeting: Agreement with R. W. Beck, Inc. for the standby power supply and electric cogeneration analyses for the groundwater recovery plant, in the amount of $54,820, approved; and the Mayor authorized to execute the agreement If you have any questions regarding this action, please contact Eric Bauman, Water Engineering Manager at 487-4312 for more detailed information. Thank you, �G Mitzi Orti Deputy C, y Clerk Cc: R.W. Beck, Inc.; Black and Veatch; Amy Amirani, Public Works Director; Eric Bauman, Water Engineering Manager San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on recvcletl oaoer C 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92575 (949) 493-1171 (949) 493-10531 1,, it wsanplan[apistlan0. org � iIAtARVAAR1f0 � fSIRA18X(X 1961 1776 MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO DIANE BATHGATE MATT HART JOE SOTO DAVID M SWEROLIN The City Council of San Juan Capistrano will meet at 7:00 p.m. on August 16, 2005 in the City Council Chamber in City Hall, to consider: "Consideration of Agreement for a Stand by Power Supply and Electrical Cogeneration Analysis for the Groundwater Recovery Plant (R.W. Beck, Inc.) (CIP # 758)" — Item No. G 1a. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, August 15, 2005 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Eric Bauman, Water Engineering Manager. You may contact that staff member at (949) 487-4312 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.oro. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas(a�sanivancapistrano.org. Meg Monahan, CMC City Clerk cc: R.W. Beck, Inc.; Black and Veatch; Amy Amirani, Public Works Director; Eric Bauman, Water Engineering Manager * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 Panted on recycled oaoer !F1Y2 -)t t`s�T c,L CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Eric Bauman, Water Engineering Manager C1-RISTy�IN`X'�v,`�--�2�Ti=}FZI FROM: DATE: July 18, 2006 SITUATION: At their meeting of August 16, 2005, the City Council of the City of San Juan Capistrano approved a Personal Services Agreement with R.W. Beck, Inc. to provide professional consulting services related to the standby power supply and electrical co -generation analyses for the Groundwater Recovery Plan. ACTION REQUESTED: Said Agreement states services shall be completed within (1) year or by August 15, 2006. Please notify this office if agreement has been extended or completed. ACTION TO BE TAKEN: r - DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: --' n ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 07/18/06 Deadline Date: 08/15/06 (600.30/rw beck) �J "V