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Home My WebLink AboutAgenda Packet 06/13/2006 >- Utility Advisory Committee Public Works Conference Room Port Angeles, W A 98362 June 13, 2006 3:00 P.M. AGENDA I. Call To Order II. Roll Call III. Approval Of Minutes For May 9,2006 IV. Late Items V. Discussion Items A. SW Collections/Recycling Update S. SPA Issues C. Conservation Program Authorization D. Stormwater Utility (Verbal) VI. Executive Session VII. Next Meeting Date - July 11,2006 VIII. Adjournment N:\UAC\FINAL\061306 r------- UTILITY AD~m COMMITTEE (.3 0 VJ GUEST SI N U SHEET PRINT NAME ORGANIZATION f>A uL tl. . _"-.:)\\ I , l A 1'1 Otl TlED)L CC-. rr-I ?. \= V ~~I~ Jk h. c- ,,--f;:: ~ c.-A-~<-"1-", r l v I: N: \PWKS \LIGHT\ CONS \ CATE \ SIGNUP. wpd UTILITY ADVISORY COMMITTEE Port Angeles, Washington May 9, 2006 I. Call to Order: ~~ Chairman Reed called the meeting to order at 3:00 p.m. II. Roll Call: Members Present: Chairman Reed, Orville Campbell, Betsy Wharton, Grant Munro (3:04), Larry Williams Members Absent: Karen Rogers Staff Present: William Bloor, Scott McLain, Gary Kenworthy, Mike Puntenney, Steve Sperr, Larry Dunbar, Tom McCabe, Cate Rinehart. Others Present: Brian Gawley (3:30) - Daily News Paul Lamoureux - Citizen Mikki Saunders - Port Angeles Food Bank IlL Approval of Minutes: Chairman Reed asked if there were any corrections to the meeting minutes of April 25, 2006. Orville Campbell moved to approve the minutes. Councilmember Wharton seconded the motion, which carried unanimously. IV. Late Items: Urban Services Standards And Guidelines Citizens Waste Reduction Group V. Discussion Items A. Benefit Dump Day Tom McCabe, Solid Waste Division Superintendent, noted that this year's event had been postponed due tomultipie-construction-projects-at-the-Port Angeles Landfill. Mikki Saunders, of the Port Angeles Food Bank, requested eliminating the donation of 5 cans of food and only taking cash donations for the event. There was a brief discussion. Councilman Williams moved to forward a favorable recommendation to City Council for the annual Benefit Dump Day to be held on Sunday, June 11,9:00 am to 3:00 pm, at the Port Angeles Landfill with a minimum $5 donation. Councilman Munro seconded the motion, which carried 1 UTll.JTY ADVISORY COMMITTEE May 9,2006 unanimously. B. Conservation Program Status Report Larry Dunbar, Power Resources Manager, summarized the report explaining that although the current program concludes September 30, 2006, a new program is being developed which should be available to electric utility customers this summer. There was a brief discussion. No action taken. Information only. C. Urban Services Standards And Guidelines Steve Sperr, Engineering Manager, distributed a handout and advised that a request was being made to the North Peninsula Business Association as well as local relators, architects, and engineers for comments and recommendations to update the standards. The guidelines include general conditions, appendices, wastewater, transportation, appendices, water, stormwater, clearing, grading, filling, and drainage, and solid waste. Comments will be received until May 31, 2006. There was a brief discussion. No action taken. Information only. D. Comment Letter To DOE, NPDES Phase II Storm water Permit Gary Kenworthy, City Engineer, reviewed the City comments for the final draft of the permit describing such items as concerns over our City's size, surrounding area, financial ability, and existing regulatory permits regarding water quality in our community. There was a lengthy discussion. Information only. No action taken. E. Storm water Utility Rates Gary Kenworthy, City Engineer, reviewed the information in the packet, responded to questions, and provided clarification. Rate proposals were discussed along with projects and their priorities. No action taken. Information only. F. Citizens Waste Reduction Group Councilmember Wharton brought up the fact that a informal group had been formed to address the reduction of solid waste. A mission statement is currently in the making and it is not known at this time 2 UTILITY ADVISORY COMMITTEE May 9, 2006 who they will report to or advise. There was a brief discussion. No action taken. Information only. VI. Next meeting date: June 13, 2006 VIL Adjournment: The meeting was adjourned at 4:18 p.m. Chairman Reed Cate Rinehart, Administrative Specialist IT N :\PWKS\LIGHTlCONS\CA TE\050906meet. wpd 3 FORTNGBLES WAS H I N G TON, U. S. A. UTILITY ADVISORY COMMITTEE MEMO DATE: June 13, 2006 To: UTILITY ADVISORY COMMITTEE FROM: Tom McCabe, Solid Waste Superintendent SUBJECT: Residential Solid Waste Services Update Summary: A solid waste services request form was sent to 6,600 residential collection customers last month with new options for weekly or every-other-week garbage collection, recycling collection, and yard waste collection. This update provides a summary of the services that have been selected by customers as of June 2, 2006. The new program will begin July 3, 2006. Recommendation: Information only, no action requested. Background/Analysis: A solid waste services request form was sent to 6,600 residential collection customers last month with new options for weekly or every-other-week garbage collection, recycling collection, and yard waste collection. This update on the attached sheet provides summary statistics ofthe services that have been selected by our customers as of June 2, 2006. The new program will begin July 3, 2006. Of particular note in the sign-up for the new program is that 37% of customers requested the new service for bi-weekly garbage service. Also, both recycling and yard-waste services are slightly ahead of estimated levels that the Waste Management contract currently provides for. However, both ofthese numbers are significantly less than was forecast in the rate study. Higher numbers had been predicted for recycling based on what other cities and counties had ultimately attained that are using a co-mingled system similar to that which will go into effect at Port Angeles. It is noted that proportionally, a larger number of people who took the bi-weekly garbage service, also took recycling. The largest area to increase recycling is in the category of customers that signed up for ''weekly garbage service only." Some customers told City staff they were hesitant to request the new recycling and yard waste carts because of their larger size. Solid Waste Division staff expects more requests for these services after residents see the carts and hear from their friends and neighbors about how convenient it is to participate in the new recycling and yard waste services. It remains to be seen whether the number for those receiving these will increase after services are started. Solid Waste, Recycling, and Yardwaste Statistics: New Program 834 613 97 97 1236 663 307 2786 6633 Services: Bi-weekly Garbage + Recycling + Yardwaste Weekly Garbage + Recycling + Yardwaste Bi-weekly Garbage + Yardwaste Weekly Garbage + Yardwaste Bi-weekly Garbage + Recycling Weekly Garbage + Recycling Bi-weekly Garbage Only Weekly Garbage Only Weekly Garbage Bi-weekly Garbage Recycling Yard Waste Currently Percent 12.6% 9.2% 1.5% 1.5% 18.6% 10.0% 4.6% 42.0% Percent 6633 3044 1617 45.9% 24.4% Rate Forecast 4690 2010 6700 Percent 70.0% 30.0% New Program 4159 2474 6633 3346 1641 * Note: Current recycling and yardwaste based on estimates ?f Waste Management set-outs per month Bi-weekly Garbage Service 37.3% Weekly Garbage + Recycling Weekly Garbage + Yardwaste "02 L. 1Il co co >-=s: 62.7% Weekly Garbage Service 5360 3350 80.0% 50.0% 2000 3000 Cl .!: U (j' Q) 0:: o 1000 Service Breakdown Bi-weekly Garbage + Yardwaste 9% Weekly Garbage + Recycling + Yardwaste Weekly Garbage Only Bi-weekly Garbage + Recycling + Yardwaste 4000 . New Program . Current . Percent 62.7% 37.3% 50.4% 24.7% DATE: To: From: . SUBJECT: FORWGELES WAS H I N G TON, U. S. A. UTILITY ADVISORY COMMITTEE MEMO June 13,2006 UTILITY ADVISORY COMMITTEE Larry Dunbar, Power Resources Manager '\ Conservation Program Authorization Summary: The Bonneville Power Administration's Conservation and RenewablesDiscount program ends this fall. Their new Conservation Rate Credit program will be available after the Conservation and Renewables Discount program ends. The Conservation Rate Credit program offers the City the same wholesale power discount for customer investments in conservation. Recommendation: Authorize the Director of Public Work~ and Utilities to implement a conservation program that qualifies for the Bonneville Power Administration's Conservation Rate Credit ro ram. Background/Analysis: OnApril17, 2001, City Council authorized the Public Worksand Utilities Director to implement a conservation program that qualified for the Bonneville Power Administration (BPA) Conservation and Renewables Discount (C&RD) program. To encourage City participation in the C&RD program, BP A provided a monthly discount of $O.OOS/kWh for City wholesale power purchases. The BP A C&RD averaged $320,000 per year. The C&RD program ends September 30, 2006. The preliminary results ofthe C&RD program include $5,000,000 of customer investments in conservation, annual savings of 3,750,000 kWh's or $205,000 at the current electric rate, total rebates of$I,250,000, and total C&RD of$I,600,000. On April 18, 2006, City Council authorized the Director of Public Works and Utilities to enter into the Conservation Acquisition Agreement (CAA) providing an additional $200,000 per year for large commercial/industrial conservation projects. Additional funding under this program is typically available ifthe City demonstrates customer needs. Conservation Program Authorization , Page 2 June 13,2006 BP A has drafted its successor program to the C&RD, called the "Conservation Rate Credit" (CRC) program, which will be finalized in July following completion ofBP A's pending rate case. The City could begin to implement a conservation program on October 1, 2006 that qualifies for the CRC program. The CRC program will provide the City the same wholesale power discount ($0.005/kWh) for participation in the program. Participation in the CRC program lowers the City's wholesale power expenses, provides rebates to customers to invest in conservation improvements, and benefits the local economy. There is no BP A agreement required to participate in the CRC program. Based on the draft CRC program, customer rebates are anticipated to be similar for residential/small commercial weatherization including insulation and air sealing (caulking, weather-stripping, etc...). The energy efficiency requirements are anticipated to increase and the customer rebates are anticipated to decrease for heat pumps, windows, and residential lighting. Staff plans to implement a conservation program that qualifies for the CRC program by providing rebates to residential, small and large commercial (including City facilities) and industrial customers to invest in conservation improvements. In addition, staff plans to coordinate with the Olympic Community Action Program (OCAP) to pay for weatherization of qualified low-income housing in the City of Port Angeles. The City currently provides donations received from customers to OCAP under the "Pass the Buck" program to help low-income residents with their utility bills. OCAP handles all monies donated and they will determine eligibility and assist recipients through a screening process. As part of implementing the conservation program, rebates and payments will be established not to exceed BP A reimbursements under the CRC program. In accordance with legacy agreements with BP A, over the next three years staff plans to utilize $200,000 from the City's conservation fund (in conjunction with CRC and CAA rebates) to provide weatherization assistance to customers that receive a utility discount from the City (that don't qualify under OCAP), City facility conservation projects, and for this fall's transition from the C&RD to the CRC program. The City could also use the CRC discount for wholesale purchases of renewable energy (e.g., solar, wind, etc. . .). Staff does not plan to use the CRC discount for renewable energy purchases because our customers and the local economy would not receive a long-term benefit from such a purchase (compared to the enduring benefits received from customer investments in conservation). If customer participation in the conservation program does not utilize the CRC discount, staff may return to the Utility Advisory Committee to discuss other options, which may include additional use of the City's conservation fund and/or the purchase of renewable energy. N:\UAC\Original\CRC Program Authorization.doc OR.T'PlrN . "/'''--_.-- -,-',,~ . "~"..' . ELBS '~ '~ ~ ---1 WASHINGTON, U..S.A. PUBLIC WORKS & UTILITIES DEPARTMENt DATE: APRIL 27, 2006 To: GLENN CUTLER FROM: TRENIA FUNSTON, ENGINEERING SPECIALIST SUBJECT: NA TIONAL PARK EASEMENT Jeff Bowman, Elwha Project Management Specialist contacted me yesterday regarding the distribution and review of the easement language for th.e Elwha project. The attached copies are for review and comment. Would this easement be something that the property management committee need to aI~o review? There will be National Park staffavailable to attend the next scheduled meeting (May 8) if necessary. cc: Mark Madsen, City Manager Eric Walrath, Assist. Civil Engineer II Steve Sperr, Engineering Manager Gary Kenworthy, Deputy Director Engineering Svcs Bill Bloor, City Attorney riP tJ" 1/ ~le"t\ ,- ~e.,~o.r J,...J. ~ Co. S Co ~ ~ + t.. _ C 0'- -J.. ,. eo : -. \.... r ,)eo- "" '>.... s ~ e- -.; , ~ 0(' J e........{ ') ~+e.. . 4 ~. Pn:r.~ -/0 ICAf~ S .. ~/~ f'v kf(C~Q/V~'" (e.' ~ \ 3 ) PW-01OJ.05 [REV. 7/5/2000] AI pr 27 06 01: 53p CCSO LANDS 206-220-4077 United States Department of the Interior NATIONAL PARK SERVICE. Pacific West Region Columbia Cascades Land Resources Progl1lm Center 168 SoLith Jackson Street. 2nd Floor . Seattlc. Washington 98104-2853 Telephone: (206) 220-4065 Fax: (206) 447-4246 IN REPLY REFER TO: PWRO-LR-Elwha-PA WTP April 27,2006 City of Port Angeles. Attn: Glenn Cutler, Director of Public Works and Utilities P.O. Box 1150 Port Angeles, W A 98362 Dear Mr. Cutler: As you know, pursuant to the Memorandum of Understanding ("MOU"), executed on August 6th, 2004, by the National Park Service ("NPS"), City of Port Angeles ("City"), and Lower Elwha Klallam Tribe, and under the provisions of Cooperative Agreement Number H9500050094, executed on September 23rd, 2005, by NPS andtbe City, NPS intends to construct the Port Angeles Water Treatment Plant (UP A WTP") and related facilities. As such, an easement deed and contract to donate easement are attached for your review. We look forward to working with you and City staff to achieve a prompt completion of this agreement. Please do not hesitate to contact me at 206-220-4100 or Brian Winter at 360-565-1323, if you have any questions. .. Sincerely, ~~wr Rick L. Wagner Chief, Land Resources cc: Brian D. Winter, Ph.D., Elwha Project Manager Mark Madsen, City Manager Trina Funston, Engineering Specialist, Department of Public Works Eric Walrath Steve Sperr, Water Programs Manager Gary Kenworthy, City Engineer Bill Bloor, City Attorney p. 1 ,---- > . .. Page 1 of2 FORM 10-828 (10m) UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE NPSArea Tract No. CORPORATE OFFER TO DONATE EASEMENT ELWHA-PA WTP-CITY Conllact No. VENDOR(S): CITY OF PORT ANGELES THIS OFFER CONSISTS OF THE TERMS AND CONDITIONS INCLUDED ON BOTH PAGES OF THIS FORM AND ANY ATTACHMENTS EXPRESSLY MADE A PART HEREOF. The undersigned, hereinafter called the Vendor, in consideration of the mutual covenants and agreements herein set forth, offers to grant and convey to the United States of America and its assigns an assignable easement for the purpose set forth in Exhibit B (including Exhibit D), in, upon. over and acr~ss that certain tract of land described in Exlnbits A and C. hereto attached and made a part hereof. The terms and conditions of this offer are as follows: (1) The Vendor agrees that this offer may be accepted by the United States tbroughany duly authorized representative, by delivering, mailing, or telegraphing a notice of acceptance to the Vendor at the address stated below, at any time within L-J month(s) from the date hereof, whereupon this offer and the acceptance thereof become a binding t6ntract. 1\., ~/ \ (2) The United States of America agrees to pay to the Vendor for said easement and rights the sum of ZERO DOLLARS ($0.00) as a donation upon acceptance of this offer and approval of the Vendor's title; provided the Vendor can execute and deliver a good and sufficient deed conveying said easement and rights to the United States of America, and its assigns, free and clear from all liens, encumbrances, said conveyance to be subject only to existing easements for public roads and highways, public utilities, railroads and pipelines and other recorded interests as may be acceptable to the United States Department of Justice. (3) The Vendor agrees to satisfy of record at or before conveying said easement and rights, such taxes, assessments, and encumbrances which are a lien against the land, as the United States may require, and, if the Vendor fails to. do so, the United States may pay any taxes, assessments, and encumbrances which area lien against the land; thatthe Vendor will, at the request of the United States, execute and deliver the deed to the United States conveying the easement and. rights herein described, pay the documentary revenue stamp tax, and obtain and record such other curative evidence of title as may be required by the United States. (4) It is agreed that the United States will defray the expenses incident to the preparation and recordation of the deed to the United States and the procurement of the necessary title evidence. (Continued on Page 2) (5) As consideration for the payment of the purchase price hereinabove set forth, the Vendor hereby grants to the United States the right of use of the land in which said easement is to be granted for the purpose of exercising any of the rights described in said Exhibit B from and after acceptance by the Unites States of this offer until such time as said easement is conveyed to the United States. (6) The Vendor represents and it is a condition of acceptance of this offer that no member of or delegate to Congress, or resident commissioner, shall be admitted to or share any part of this agreement, or to any benefits that may arise therefrom; but this provision shall not be construed to extend to any contract if made with a corporation for its general benefit. (7) The terms and conditions aforesaid are ~o apply to and bind the heirs, executors, administrators, successors and assigns of the Vendor. (8) All terms and conditions with respect to this offer are expressly contained herein and the Vendor agrees that no representative or agent of the United States has made any representation or promise with respect to this offer not expressly contained herein. .. , Page 2 of2 , (~) As soon as possible, the Government hereby agrees, to reimburse the Vendor in an amount deemed by the Government to be fair and reasonable for the following expenses incurred by the Vendor in completing this transaction: (a) Recording fees, transfer taxes and similar expenses incidental to conveying the easement described herein to the Government; (b) Penalty costs for prepayment or subordination of any preexisting recorded mortgage entered into in good faith encumbering said real property when such mortgage release or subordination is required by the United States. IN WITNESS WHEREOF, , the said Vendor, has caused its Corporate Seal to be hereto affixed and these presents to be signed in its name and behalf by ~ its duly authorized and the same to be duly attested by its , this day of 20----> as authorized by Notice of acceptance of this offer is to be sent to: \ N~' I Ad,dress: CIty: , State: I Zip Code: The foregoing offer of the Vendor is hereby accepted for and on behalf of the United States of America this THE UNITED STATES OF AMERICA By day of ,20 (Name) Page 2 .. .. 'J Exhibit A: Legal Description of the Easement Property The City's Easement Property is situated in the County ofClallam, State of Washington and described as follows: Portions of Government Lots 1 aDd 3 in Section 1, Township 30 North, Range'7 West,W.M., ClallamCounty, Washington; . EXCEPT that portion of said Government Lot 3 lying Southerly of the Southerly margin of the abandoned 100 foot wide Seattle, Port Angeles and Lake Crescent Railroad right of way; . TOGETHER WITH portions of that portion of an unnamed 100 foot wide right of way adjoining on the East as conveyed to the City of Port Angeles by deed recorded Julyl5, 2005 under Auditor's File No. 2005 1160653; . Portions of Government Lot 5 in Section 36, Township 31 North, Range 7 West, W.M., ClallamCounty, Washington; and Portions of that portion of Sublot 173 of the townsite of Port. Angeles and adjoining vacated Rstreetdescribed as follows: . Beginning at the Northwest comer of Sub lot 173 as shoWn on the official government survey of the townsite of Port Angeles dated January 17, 1893; . Thence S 56045 '20"E along the north line of said SubIot 173, a distance of 393.11 feet to the northerly margin ofthe former Chicago, , Milwaukee, St. Paul and Pacific Railroad right of way as granted to the City of Port Angeles per deed recorded under Auditor's File No. 400498, records ofClallam County, Washington; Thence S 74037'29"W along said northerly margin, a distance of 442.69 feet to the easterly margin of an unnamed 1 OO-foot-wide right-of- way as established by said townsite survey; Thence N 14017'42"E along said easterly margin, a distance of 351.20 feet to the intersection of said easterly margin with the westerly prolongation of the north line of said Sublot 173; Thence S 56045'20''E along said prolongation a distance of, 13.58 . feet to t~e point of beginning. ' Containing 1.55 acres, more or less. Situate in Clallam County, State of Washington. . P A WTP l!a!ement .. AFTER RECORDING, MAIL TO: National Park Service, CCLRPC 168 S Jackson St Seattle, W A 98104-2853 EXHIBIT B Grantor: Grantee: Tax Nos.: CITY OF PORT ANGELES UNITED STATES OF AMERICA 0730012200000000, 0731363400000000, and 0630001173000000 GRANT EASEMENT DEED THIS GRANT OF EASEMENT ("Easement") is made by and between the City . ~of Port Angeles, a municipal corporation ("City"), and the UNITED STATES OF AMERICA and its assigns, acting by and through the National Park Service ("UNITED STATES OF AMERICA"). RECITALS A. The Elwha River Ecosystem and Fisheries Restoration Act, Public Law 102-495, provides authority for this Easement and for construction of facilities as referenced hereafter. B. The UNITED STATES intends to design, contract and sub-contract, construct, operate, maintain, implement, repair, and inspect the Port Angeles Water Treatment Plant ("P A WTP") and related facilities, as agreed to in the Memorandum of Understanding ("MOD"), executed on August 6th, 2004, and hereby incorporated by reference, and under the provisions of Cooperative Agreement Number H9500050094, executed on September 23rd, 2005, and hereby incorporated by reference. C. The City'is the owner in fee simple of that certain real property located at the City landfill site within the P A WTP project area. D. The City intends to grant an Easement in portions of said real property, which is legally described and shown on attached Exhibits A and C (the "Easement Property") for the purpose of implementing the P A WTP and related facilities. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the City voluntarily GRANTS and CONVEYS to the UNITED STATES OF AMERICA, its assigns, agents, contractors, subcontractors, and employees an Easement in, on,. over, and across the Easement Property, to design, contract and sub-contract, construct, operate, maintain, repair, implement, and inspect the P A WTP and related facilities, generally listed on attached Exhibit D (list subject to change consistent with the . Initials: 1 P A WTP ~!l~ement intent and provisions of the MOD), subject, however, to existing easements of record for public roads and highways, public utilities, railroads, and pipelines and other recorded interests as may be acceptable to the United States Department of Justice. The City also voluntarily GRANTS and CONVEYS to the UNITED STATES OF AMERICA, its assigns, agents, contractors, subcontractors, and employees an Easement and Right-of-way to locate, construct, operate, maintain, and repair the existing roadway that is generally situated along eastern part of City's real property, as, shown on Exhibit C, and utility lines in, upon, over and across said roadway, together with the right to trim, cut, and remove therefrom all trees, underbrush, obstructions, and any other vege,tation, stnictures, or obstacles within the limits of the right-of-way; subject, however, to existin.g easements of record for public roads and highways, public utilities, railroads, and pipelines and other recorded interests as may be acceptable to the Department of JustiCe. The City and the UNITED STATES OF AMERICA further agree as follows: . 1. Acknowledgment of Consideration. The City hereby acknowledges and voluntarily accepts the mutual benefits, covenants, and promises contained herein as full, and sufficient consideration. 2. State of Title and Authority to Grant Easement. The City covenants and warrants as to being lawfully seized and possessed of sufficient interest in the Easement Property, and therefore of having the full right, power,. and authority to execute this conveyance without limitation or other precedent conditions not explicitly described herein. 3. Facilities to Be Constructed. The P A WTP and related facilities to be constructed are listed on attached Exhibit D. This list is not exhaustive, and the UNITED STATES OF AMERICA, in its sole discretion, may decide to exercise one or both actions: (i) not construct one or more facilities on the attached Exhibit D; (ii) construct one or more facilities not currently on attached Exhibit D. The completed P A WTP and related facilities will be subject to change consistent with the intent and provisions of the MOD, and without additional modifications or amendment to this Easement or Exhibit D. Any new facilities are automatically incorporated into and protected by this Easement. 4. Easement Shall Run with the Land. The City expressly intends that this Easement run with the land, and that the covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties to this Easement and their successors and assigns, and shall continue as a servitude running with the Easement Property. Initials: 2 P A WTP :i!Mement 5. Notice of Divestiture. The City agrees to: a. Incorporate the terms of this Easement in any deed or other legal instrument by which it divests itself of any interest in all or a portion ofthe Easement Property, including, but not limited to, a leasehold or easement interest; b. Describe this Easement in and append it to, any executory contract for the transfer. of any interest in the Easement Property; and c. Giv~ written notice to the UNITED STATES OF AMERICA of the transfer of any interest in all ora portion of the Easement Property no later.than forty-five (45) days prior to the date of such transfer. Such notice to the UNITED STATES OF AMERICA shall include the name, address, and telephone number of the prospective transferee or the prospective transferee's representative.. d. Notice shall be deemed given by notifying the Project Manager (Key Official) of the Elwha Restoration Project Office and the Superintendent of Olympic National Park. e. The failure of the City to perform paragraphs a-c above will not impair the validity of this Easement or limit its enforceability in any way. 6. Subsequent Liens. a. The City will not use the Easement Property as collateral for subsequent borrowings and bonds. b. The City will keep Easement Property free from liens including those arising out of any work performed for, or materials furnished to, the City. 7. Insurance. The City will maintain comprehensive general liability coverage. 8. Warranty as to Current State of Easement Property. The City represents, covenants, and warrants the following: a. The Easement Property is free and clear of liens, claims, and encumbrances, except for those liens, clairns,and encumbrances disclosed in the public records of Clallam. County, b. The City will defend the exclusive title to this Easement and for the quiet enjoyment against the lawful claims and demands of all persons. c. There is no pending or threatened litigation affecting the Easement Property or any portion of the Easement Property. Initials: 3 P A WTP Easement d. No civil or criminal proceedings have been instigated or are pending against the City or its predecessors by government' agencies or third parties arising out of alleged violations of environmental laws. 9. Unlawful Access and Activities. The City and the UNITED STATES OF AMERICA will take all economically reasonable actions to prevent trespass, casualty loss, waste, and nuisances upon the Easement Property. 10. Rights Conveyed to the United States of America. To accomplish the design, construction, contracting and sub-contracting, operation, 'maintenance, repair, implementation, and inspection of P A WTP and related facilities, the following rights are hereby conveyed to the UNITED STATES OF AMERICA: a. Construction, Erection, and Storage of Equipment. To allow erection and storage of equipment and materials, including, but not limited to, modular structures, trailers, tractors, trucks, cars, and other vehicles, or equipment and materials necessary for and associated ~ith the rights herein conveyed. b. Conduits. To allow handling and relocation of conduits and related appurtenances, subject to initial consultation with the City, and any other necessary initial consultation with utility companies or utility entities. ' c. Alteration of Land. To remove or alter vegetation, land, topography, and landscape, including, but not limited to, excavation, fill, or removal of soil, sand, gravel, rock, peat, and removal of sod, bushes, plants, and trees. 11. Trees. The City is solely responsible for cutting and removing any trees the City considers to be merchantable timber, and will complete the work in a timely fashion that will not cause any delay in any part of the pre-awarding of the contraCts or construction process for P A WTP and related facilities. 12. Appropriation of Funds. Nothing in this Easement will be construed as binding the UNITED STATES OF AMERICA to expend in anyone fiscal year any sum in excess of the appropriations made by Congress for purposes of this Easement in that fiscal year. No liability shall accrue to the UNITED STATES OF AMERICA in case such funds are not appropriated. 13. Protection By United States of America. By acceptance of this grant of Easement, the UNITED ST A TESOF AMERICA agrees to cooperate, to the extent allowed by law, in the submission of claims pursuant to the Federal Tort Claims Act against the United States for personal injuries or property damage resulting from the negligent or wrongful act or omission of any employee of the United States while acting within the scope of his or her employment, arising out of this Easement. 14. Severability. If any provision of this Easement, or its application to any person, entity, or circumstances, is found to be invalid, the remainder of the provisions of this Initials: 4 P A WTP EaSement " Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case maybe, shall.not be affected. 15. Entire Agreement. This instrument sets forth the entire agreement of the parti~s with respect to the Easement Property and supersedes all prior discussions, negotiations, understandings,. or agreements relating to the Easement Property, all of which are merged into this Easement. No alteration or variation of this instrument shall be valid or binding unless contained in a fully executed amendment. 16. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 17. Notice. Unless otherwise notified in writing by the other party, any notification, demand, request, consent, approval, or communication that a party is required or desires to give to the other under the provisions of this easement shall be in writing and either served personally or delivered by first class mail service, postag~ .prepaid, or reputable overnight carrier, to the following respective addresses: If to the City: City Manager City of Port Angeles P.O. Box 1150 Port Angeles, W A 98362-0217 If to the United States of America: Superintendent Olympic National Park 600 East Park Avenue Port Angeles,W A 98362 Elwha Project Manager Olympic National Park 600 East Park Avenue Port Angeles, W A 98362 By a written notice to the other party which is given in the aforesaid manner, any party may from time to time designate a replacement for any address which is specified above for the party giving the notice, and the replacement address will then be substituted for the one previously in effect, provided that in no case will any such replacement increase the total number of addresses for notices to such party. 18. Term of Easement. This Easement will become effective immediately upon signature by the Grantor and extend for a term of forty (40) years from the date of Initials: 5 P A WTP EfiSement recording or until. the effective . date. of a separate Transfer Agreement, providing for the transfer of sole ownership and control of the P A WTP and related facilities to the City, whichever occurs first. TO HAVE AND TO HOLD said Easement unto the UNITED STATES OF AMERICA and its assigns. The City covenants for itself and its assigns that the provisions of this easement grant shall be included, and will specifically inform any subsequent owner of said conveyed rights, in subsequent conveyance of any interest in the lands herein described. The Easement is being acquired by. the Department of the Interior, National Park Service. IN WITNESS WHEREOF, the said Grantor (City) has hereunto set its hand this day of , 2006. , j:i~ ";j.y ACKNOWLEDGMENT COUNTY OF ) )SS ) STATE OF I certify that I know or have satisfactory evidence that are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses. and purposes mentioned in this instrument. Given Under My Hand and Official Seal this 20 day of Notary Public in and for the State of Residing at My Commission Expires: Initials: 6 Exhibit A: Legal Description of the Easement Property The City'sEasement Property is situated in the County ofClallam, State of Washington and described as follows: Portions of Government Lots 1 and 3 in Section 1, Township 30 North, Range 7 West, W.M., Clallam County, Washington; EXCEPT that portion of said Government Lot 3 lying Southerly of the Southerly margin of the abandoned 100 foot wide Seattle, Port Angeles and Lake Crescent Railroad right of way; TOGETHER WITH portions of that portion of an unnamed 100 foot wide right of way adjoining on the East as conveyed to the City of Port Angeles by deed recorded July 15, 2005 under Auditor's File No. 2005 1160653; Portions of Government Lot 5 in Section 36, Township 31 North, Range 7 West, W.M., Clallam County, Washington; and Portions of that portion of Sub lot 173 ofthe townsite of Port Angeles and adjoining vacated R street described as follows: Beginning at the Northwest comer of Sublot 173 as shown on the official government survey of the townsite of Port Angeles dated January 17, 1893; Thence S 56045'20"E along the north line of said Sublot 173, a distance of393.11 feet to the northerly margin ofthe former Chicago, Milwaukee, St Paul and Pacific Railroad right of way as granted to the City of Port Angeles per deed recorded under Auditor's File No. 400498, records of Clallam County, Washington; Thence S 74037'29"W along said northerly margin, a distance of 442.69 feet to the easterly margin of an unnamed 1 OO-foot-wide right-of- way as established by said townsite survey; Thence N 14017'42"E along said easterly margin, a distance of 351.20 feet to the intersection of said easterly. margin with the westerly prolongation of the north line of said Sub lot 173; Thence S 56045'20"E along said prolongation a distance of 13.58 feet to the point of beginning. Containing 1.55 acres, more or less. Situate in Clallam County, State of Washington. 27 06 11:43a CCSO LANDS . 20-4077 206-2 p. 1 '. ". ~ ;. 1 ", MW-1 / " 1 . MW-2 .,., t t Slrait or Juan de Fuca ~. . '. ,.";'':::;'~ . - ...,.:r.... '" - . ....-. '. " MW-3 . "~' -UlL_ .'~' ...... .~, I,' ~ ~ u ~~ ~~ ",:", . ....::. .....<.:~ .~~s 1.,- . ';. . ".t:' :. . " c;'. . I' :.: :.', ,'. Ya~d~s1e .~Ie' swi~;Ge~r . " .. ..' ........... : .:' ',: ~""'....~~,,':':": ': .' . .: .: ;'::~:,,;'~~ ,.' ,"' ,/ , " " ' . ....'" .:'" . /( " ,.. .,' ". 'Wo6ds Woods L~eM 1(2005~ed - - Cu/T1ln boundary JlI'ClP8r\y !77A 200. 2 subject property eLL..! boundary ..- Fence d - Grewlfpaved RIa --- sfonner l!l Tran moniloring .. Gtoundwalet well . laM1iI1 gas probe ,,;,-C Woods Woods Subject Property Boundary (Approximate) EXHIBIT C ComposNng . Building k) 200 400 Tall Grass with Scattered Trees Figure 2 Site Plan Job No. 22238123 URS Reclamation US Bureau or nt Planl Site ad Municipal Waler z:~::;. Washing Ion Propos dfilJ _ ClaUam Port Angeles Lan . Exhibit D: The P A WTP and Related Facilities To Be Constructed* . 1] Treatment and administration building including a] Actiflo processlbasin b] Filter processlbasin c] Backwash supply reservoir d] Clearwell e]. Processing/control/instrumentation equipment 2] Emergency generator 3] .sludge drying basin 4] Recycle basin 5] Security fencing 6] Access control equipment * The above facilities are subject to change consistent with the intent and provisions of the MOD, but without modifications or amendment to the Easement or this Exhibit D. Any new facilities are automatically incorporated into and protected by this Easement. 1---- I I I ~ORTANGELES WAS H I N G TON, U. S. A. Utility Advisory Committee Memo Date: June 13, 2006 To: Utility Advisory Committee From: Scott McLain, Deputy Director of Public Works for Power Systems Subject: Renewal of Transmission Agreement with Bonneville Power Administration SUJpmary: The City's transmission agreement with the Bonneville Power Administration is expiring on September 30, 2006. Staff has prepared a renewal to the transmission agreement that would extend the agreement for 30 years. Recommendation: Forward a favorable recommendation to City Council to renew the transmission agreement with BP A for a period of 30 years. Backgroundl Analysis: The City receives all of its power requirements over the BP A transmission system. Our current agreement withBP A provides for all transmission and ancillary services necessary to deliver firm power to Port Angeles. This agreement expires at the end of September, 2006. Renewal of this agreement will assure transmission services for Port Angeles for a term of 30 years. N:\UAC\Final\transmission contract.doc z o l- e( 0:: I- en z :: c c( 0:: W 3: o c.. W ..J ..J > w Z Z o CO . What I plan to discuss . . · New BPA Power Rates effective October 1 , 2006 · Post-2011 power. service · Other Topics? 1 . ~~'o",=, - - - .. ~ ~ New Power Rates · Power Rate Case for 2007 - 2009 is winding down · Rates will be simpler than today, but will still includeCo.st Recovery and Dividend Distribution Clauses. (CRACs and DOCs) . · Base Rates set by Mid-July for 3 years. · CRAC or DOC, if any, set each September for the upcoming October through September contract year 2 New Power Rates Continued · "fish ruling" surcharge if courts impose significant additional costs and we risk missing Treasury . Payment · Good water year, high natural gas prices and cost management = good 2006 BPAfinancial results · Direct Pay of Energy Northwest costs and Customer Liquidity Program contrib~ting to lower rates 3 ~ ~., , New Power Rates Continued 4 Post 2011 Power Service · BPA proposal for post-2011 power service should be out in late June. · Contracts to be signed in Late 2007; power service will begin October 2011, run through 2028 ( · Lots of details to be worked out between now and 2011 · Broad Regional support for the Concept but differing opinions on the details 5 Post 2011 Power Service · Allocation and Tiered Rates: · Each customer gets a defined right to buy from existing Federal system at Tier 1 rate (High Water Marks) · Beyond HWMs, customers can develop their own . resources or buy from SPA ata Tier 2 rate · SPA resets rates every 2 or 3 years to ensure that rates recover costs 6 ~~."-:::: - - .. ~ Key Features of Post 2011 Service · Value of existing low cost system (Tier 1) allocated, to existing customers · Long-term certainty of Tier 1 power (High Water Mark) · Customers have Tier 2 options: BP A or others · Tier 1 Product choicessimilaor to Current Products · SPA will continue to offer Load Following Service 7 13 aM W Load Following Product Tier 2 Purchases with Load Followinq Actual Loads \ · Load Variance paid for Actual Loads and Forecast Net Req difference. · Tier 2 Purchase equals Forecast Net Req minus High Water Mark. · Energy Beyond Tier2 amounts provided at Tier 1 Rates. 3aMW Month 1 -----.~ .------------.---~ -..-;.;..............~ .............Moilth 12 o recast Net Req. High Water Mark = 10 aMW 8 Other Issues · Allocation of benefits between IOUs and Public utility customers (Residential Exchange Benefits) · How transmission for Tier 2 supplies will work · Benefits to the Direct Service Industrials (DSls) 9 ..~ Conservation and. Renewables · Conservation levels targeted to load BPA serves · Conservation costs recovered under Tier 1 rate · Conservation Programs similar to 2007-2011 (Rate credit, bilateral contracts, etc.)' · BPA to offer Tier 2 renewables · In addition, SPA to support limited renewables facilitation spending asa Tier 1 cost 9