HomeMy WebLinkAboutAgenda Packet 07/12/2011I. Call To Order
II. Roll Call
III. Approval Of Minutes For June 14, 2011
IV. Late Items To Be Added To The Agenda
V. Discussion Items:
A. Equipment Purchase: Hydro- Excavating Vacuum Truck
B. Moderate -Risk Waste Facility Funding Update
C. Landfill Bluff Stabilization Evaluation
D. Combined Sewer Overflow Professional Services Agreement Amendment
No. 11
E. Dry Creek Special Services Agreement No. 2
F. Bonneville Power Administration Residential Exchange Program
Litigation
G. Deficit Commission Proposal to Raise Rates on Electricity
H. Electric Utility Tier 2 Power Supply Strategy and Key Performance
Objectives
I. Overhead and Underground Utility Policies and Guidelines
VI. Information Only Items:
A. Nippon Utility Pole Transfer
B. Industrial Transmission Electric Rate Ordinance
C. Advanced Metering Infrastructure System Agreement Update (verbal
report only)
D. Puget Sound Clean Cities Coalition Electric Vehicle Infrastructure Grant
Update (verbal report only)
E. Demand Response Presentation (verbal report only)
VII. Executive Session
Potential Litigation: RCW 42.30.110(1)(i)
VIII. Next Meeting Dates:
IX. Adjournment
N. \uac \final \071211
Utility Advisory Committee
Jack Pittis Conference Room
Port Angeles, WA 98362
July 12, 2011 3:00 PM
AGENDA
August 9, 2011
August 30, 2011
Utility Advisory
Committee Members
Absent: None
Staff Present:
IV. Late Items:
City Council Special Meeting/Utility Advisory Committee
Jack Pittis Conference Room
Port Angeles, WA 98362
June 14, 2011
3:00 p.m.
I. Call To Order
Chairman Dan DiGuilio called the meeting to order at 3:02 p.m.
II. Roll Call
UAC Assigned
Councilmembers Present: Dan Di Guilio, Cherie Kidd, Brooke Nelson
Other Councilmembers
Present: Max Mania
Other Councilmembers
Absent: Don Perry, Brad Collins, Patrick Downie
Utility Advisory
Committee Members
Present: Dean Reed, Paul Elliott
Others Present: Bob Lynette
Glenn Cutler, Bill Bloor, Larry Dunbar, Randy Brackett, Phil
Lusk, Dennis McBride, Sondya Wray, Jason Paynter, Helen
Freilich, and Ken Dubuc (3:42).
III. Approval Of Minutes
Chairman Dan DiGuilio asked if there were any corrections to the minutes of May 10, 2011
Committee Member Brooke Nelson moved to approve the minutes. Dean Reed seconded the
motion, which carried unanimously.
None.
V. Discussion Items:
A. Nippon Paper Industry USA Co., Ltd, Power Sales Agreement Update
Staff requested that the Nippon Paper Industry USA Co., Ltd, Power Sales Agreement Update be
removed from the agenda.
1
B. Puget Sound Clean Cities Coalition Electric Vehicle Infrastructure Grant
Acceptance
Phil Lusk, Power Resources Manager, discussed the City's grant submission for funding request
with the Puget Sound Clean Cities Coalition Electric Vehicles Infrastructure. Dennis McBride,
Fleet Manager, reviewed the details and specifications of the alternative fuel technology
acquisitions. There was a lengthy discussion.
Dean Reed moved to recommend City Council authorize City Manager to 1) sign the
agreement with the Puget Sound Clean Cities Coalition for the City's electric vehicle
infrastructure project, 2) sign an interlocal agreement with the City of Seattle for
procurement of electric vehicle infrastructure, and 3) make minor modifications to the
agreement, if necessary. Brooke Nelson seconded the motion, which carried unanimously.
C. Advance Metering Infrastructure System Agreement Change Order No. 1
Larry Dunbar, Deputy Director of Power Systems, reviewed Mueller Systems recommendation
to the City for consideration of the use of fire rated meters for commercial customers with fire
suppression systems. Ken Dubuc, Fire Marshal, discussed the value and purpose of the fire rated
meters for the suppression systems. A lengthy discussion followed.
Dean Reed moved to recommend City Council authorize the City Manager to approve
Change Order No. 1 to the contract with Mueller Systems, LLC for the Advance Metering
Infrastructure System, Project WTO1 -2008, in the amount of $78,550.00 for a total contract
amount of $4,468,314.00, including applicable tax. Paul Elliot seconded the motion, which
carried unanimously.
D. Residential Solid Waste Collection Route Revision
Randall Brackett, Deputy Director of Operations, reviewed the current residential collection
routes and proposed a new collection route. A proposed advertisement plan was reviewed. There
was a brief discussion.
For information only, no action requested.
E. Bonneville Power Administration Residential Exchange Program Settlement
Agreement Ratification
Larry Dunbar, Deputy Director of Power Systems, discussed the Residential Exchange Program
settlement agreement with the Bonneville Power. More than 75% of consumer owned utilities
have accepted the settlement agreement. A lengthy discussion followed.
The Utility Advisory Committee provided guidance to staff to forwarded a favorable
recommendation to City Council to authorize the City Manager to send a letter to congress
supporting ratification of the Bonneville Power Administration Residential Exchange
Program Settlement Agreement.
2
F. Bonneville Power Administration Commercial and Industrial Demand
Response Grant Amendment No. 1
Phil Lusk, Power Resources Manager, explained an addition to the scope of work for
Amendment No. 1 needed on the Commercial and Industrial Demand Response Pilot Project.
There was an extensive discussion.
Cherie Kidd moved to recommend City Council authorize City Manager to sign
Amendment No. 1 to the agreement with the Bonneville Power Administration for the
City's Commercial and Industrial Demand Response Pilot Project, and make minor
modifications to the agreement, if necessary. Paul Elliot abstained. Dean Reed seconded the
motion, which carried unanimously.
G. Professional Services Agreement Amendment No. 3 for Commercial and
Industrial Demand Response Project Evaluation
Phil Lusk, Power Resources Manager, proposed Amendment No. 3 for support services to be
provided by EES Consulting for the Commercial Industrial Demand Response Project
Evaluation. EES Consulting is currently assisting with the City's Residential Demand Response
Pilot Project. A lengthy discussion followed.
Paul Elliot moved to recommend City Council to authorize City Manager to sign
Amendment No. 3 to the Professional Services Agreement with EES Consulting for an
amount not to exceed $20,000, and make minor modifications to the Agreement, if
necessary. Cherie Kidd seconded the motion, which carried unanimously.
H. Bonneville Environmental Foundation Solar4R Schools Project Update
Phil Lusk, Power Resources Manager, gave information on the Bonneville Environmental
Foundation, the Feiro Marine Life Center, and the City's implementation for an energy Solar 4R
Schools demonstration and educational project.
Information only, no action taken.
Information Only Items:
A. Northwest Public Power Association Tier 2 Power Supply Workshop Update
(Verbal report only)
Information only. No action taken.
B. Advance Metering Infrastructure System Update (Verbal report only)
Information only. No action taken.
C. Eagles Easement (Verbal report only)
Information only. No action taken.
3
VIII.
IX.
Next Meeting Dates: July 12, 2011
Adjournment: 4:26 p.m.
Dan DiGuilio, Mayor Janessa Hurd, City Clerk
Dan DiGuilio, Chair Utility Advisory Sondya Wray, Administrative Specialist
Committee
4
EXECUTIVE SESSION
Date: 7 -1,
Expected length of session: 3 04, h
Is action expected following the session: iV
thus
ar
Only announced topics may be discussed
No final action can be taken in Executive Session
Discussions are confidential
Reason for Executive Session:
To consider matters affecting national security.
To consider the selection of a site or the acquisition of real estate by lease or purchase when
public knowledge regarding such consideration would cause a likelihood of increased price.
X To consider the minimum price at which real estate will be offered for sale or lease when
public knowledge regarding such consideration would cause a likelihood of decreased price.
However, final action selling or leasing public property shall be taken in a meeting open to the public.
To review negotiations on the performance of public bid contracts when public knowledge
regarding such consideration would cause a likelihood of increased costs.
To consider, in the case of an export trading company, financial and commercial information
supplied by private persons to the export trading company.
To receive and evaluate complaints or charges brought against a public officer or employee.
However, upon the request of such officer or employee, a public hearing or a meeting open to the
public shall be conducted upon such complaint or charge.
To evaluate the qualifications of an applicant for public employment or to review the
performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a
governing body of salaries, wages, and other conditions of employment to be generally applied within
the agency shall occur in a meeting open to the public, and when a governing body elects to take final
action hiring, setting the salary of an individual employee or class of employees, or discharging or
disciplining an employee, that action shall be taken in a meeting open to the public.
To evaluate the qualifications of a candidate for appointment to elective office. However, any
interview of such candidate and final action appointing a candidate to elective office shall be in a
meeting open to the public.
To discuss with legal counsel representing the agency matters relating to agency enforcement
ctions, or to discuss with legal counsel representing the agency litigation or potential litigation to
which the agency, the governing body, or a member acting in an official capacity is, or is likely to
become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal
or financial consequence to the agency.
Closed session under RCW 42.30.140:
To discuss proceedings concerned with the formal issuance of an order granting, suspending,
revoking, or denying any license, permit, or certificate to engage in any business, occupation, or
profession, or to receive a license for a sports activity or to operate any mechanical device or motor
vehicle where a license or registration is necessary; or
Meeting of a quasi judicial body relating to a quasi judicial matter between named parties
as distinguished from a matter having general effect on the public or on a class or group.
Collective bargaining session with employee organization, including contract negotiations,
grievance meetings, and discussions relating to the interpretation or application of a labor agreement
or a portion of a meeting which the governing body is planning or adopting the strategy or position
to be taken by the governing body during the course of any collective bargaining, professional
negotiations, or grievance or mediation proceeding, or reviewing the proposals made in the
negotiations or proceedings while in progress.
Time session began:
Was session extended
by announcement:
If so, when:
Time session ended: 3
Mayor
Matters governed by chapter 34.05 RCW, the Administrative Procedure Act.
G \LEGAL \Forms \EXECUTIVE SESSION 061509 wpd
In attendance:
Lag
G >ti
k
City Clerk
PORTANGELES
W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
Date: July 12, 2011
To: Utility Advisory Committee
From: Glenn A. Cutler, P.E., Director of Public Works Utilities
Subject: Equipment Purchase: Hydro- Excavating Vacuum (HEV) Truck
Summary: The purchase of a hydro- excavating vacuum truck is essential for the ability of
stormwater operations to perform under the NPDES Phase II regulations applied to the City of Port
Angeles. It will also be an effective tool in "nondestructive" excavation for required water main
maintenance and repairs. The budgeted amount is not sufficient to pay for the configured truck
Recommendation: Forward a favorable recommendation to City Council to: 1) Amend the
2011 budget to procure a hydro- excavating vacuum truck by adding $70,000 from the
equipment reserve fund; and, 2) authorize the City Manager to purchase a HEV truck
utilizing the Washington State Contract from Owen Equipment, Inc, for an amount not to
exceed $370,000, including applicable taxes and licensing.
Background /Analysis: It was proposed and approved for the 2011 budget to procure a HEV
truck to be utilized by the Streets /Stormwater and Water Divisions an effort to share highly
specialized pieces of equipment. This is a highly specialized truck built to clean and/or excavate by
use of high pressure water jet, collect mud and sediments with a large diameter vacuum hose as
well as suction volumes of water. It is essential equipment as the City expands stormwater facility
cleaning and maintenance activities as required through the Clean Water Act program known as
National Pollution Discharge Elimination System (NPDES) Phase II permit. It will also be
routinely used for "nondestructive" excavation such as when a water line leaks or breaks in close
proximity to other utilities and requires a delicate means of excavating without causing greater
damage or safety risks. The attached 2011 Supplemental Budget Request further describes its
function as well as the need to replace the vactor truck, Vehicle 1575.
A thorough search was conducted for purchasing this equipment at a favorable price. Washington
State Contracts is a source of highly competitive equipment supplies and provides a properly
configured truck for $338,058.00 (taxes and licensing are additional), including equipment as
shown in the table below. The base price of a new HEV truck is $290,635 (taxes and licensing are
additional) has limited capability such as only vacuuming catch basins. The added features include
jetting and rodding equipment that aid hydro- excavating processes, a pump to allow larger
N• \UAC\Final\Hydro- Excavating Vacuum Truck Purchase.docx
Hydro Excavating Vacuum Truck Purchase
July 12, 2011
Page 2
volumes of water to be transferred as when needed during flooding events or diverting flows in
storm drains in order to perform maintenance or repairs in manholes or pipelines.
Purchase of this truck in 2011 also helps extend the life of the Wastewater Division HEV truck. It
is 10 years old and has six more years with present use across all divisions. By assigning this truck
exclusively to the wastewater collections crew to focus on a backlog of sewer jetting is estimated
to extend its usefulness another two to four years.
The 2011 budget reflects an allocation of $300,000 for the purchase of a HEV truck and an
additional $70,000 is required. Purchase of this Hydro- Excavating Vacuum Truck will require
amending the 2011 budget from $300,000 to $370,000. The $70,000 includes the additional cost
for taxes, licensing and additional equipment. The Finance Director has advised that the
equipment reserve fund has sufficient funds to provide the additional funding requirement. Costs
for the truck are to be equally shared by PW &U Water and StreetslStormwater Divisions.
It is recommended that the Utility Advisory Committee forward a favorable recommendation to
the City Council to allocate additional funds of $70,000 from the equipment reserve funds and
authorize the City Manager to purchase a Hydro- Excavating Vacuum Truck utilizing the
Washington State Contract from Owen Equipment, Inc. for an amount not to exceed $370,000,
including applicable taxes and licensing.
Attachments: HEV Truck Cost Summary
HYDRO EXCAVATING VACUUM (HEV) TRUCK COST SUMMARY
Description Cost
Base Catch Basin Cleaner Truck $290,600
Hydro Excavator System Allows machine to be used for hydro- excavation
operations essential to Water Division
External Mount Trash Pump A self contained trash pump expands truck
capability to pump large volumes during flood events or anytime a large $10,600
volume of water is needed to be intercepted or transferred
24 ft boom with 5 sections of vacuum hosing for wider range of operational
settings.
Automatic Hose Wind Level Wind Guide Keeps the jetting hose aligned
Also allows for less man power to operate the machine reduces potential $4,900
risk of injuries.
TOTAL
N: \UAC\Final\Hydro- Excavating Vacuum Truck Purchase.docx
8,400
$9,400
Cordless remote pendant control for boom operations increases safety and
reduces manpower
Cold Weather Purge System —This system provides pressurized air to purge
the water from the water lines, pumps, and valves and eliminate the $2,000
possibility of freezing
Miscellaneous: tool box, vactor lube manifolds, fan flush out system,
vacuum relief system and 600ft of 1 -in. sewer hose
SALES TAX (8.7 29,400
$4,200
$7,400
$366,900
Vii;' C.7r?qf s
Hydro Excavating
Vacuum Truck
Eric Wheatley Ernie
Klimek
2011 Supplemental Budget Request Form
To be used for new personnel. new /expanded programs, equipment,
technology and capital (excluding CFP projects)
The replacement of vehicle 1575, the Streets Division's 24 year old eductor truck with a
hydro excavating vacuum truck. is proposed Both the Stormwater Utility and Water Utility
will share equally for this piece of equipment This truck is needed for the cleaning of catch
basins, storm lines, and other Stormwater facilities to meet the Western Washington Phase II
Municipal Stormwater Permit In addition, both the Stormwater Utility and Water Utility will
use it for hydro excavation to service and repair their utility lines Hydro excavating has
proven to be the most efficient method to economically excavate for repairs of the City's
piped underground infrastructure
Vacuum excavation occurs when high- pressure water or pressurized air breaks up and cuts
the soil, while a high -flow vacuum system lifts the soil up and out of the excavation area
Buried gas. wastewater, storm, and water mains can be quickly and efficiently uncovered
with greatly reduced risk of strike Fiber optic lines, cables. underground power and other
utilities can be efficiently located without the damage that can happen with traditional
mechanical digging Operators can dig with precision, establishing a Tess invasive method
for slot trenching, potholing, and pipe location This manner of excavation causes less
surface damage, reduces disruption of traffic and other surface activities and is easier and
less expensive to repair
The following picture shows a hydro excavating vacuum truck
Equipment Replacement Fund
PWU, Stormwater Water Utilities
CB nozzle adds five
feet of length to reach down
into catch basins or sewer
holes with ease.
Vehicle 1575 is 24 years old and no longer serviceable The truck was built in 1986 and was
obsolete 7 years ago Parts are not available and when a repair is required the parts must
be rebuilt or fabricated Further, the technology in the eductor truck no longer meets
environmental requirements for the non return of extracted fluids back into the stormwater
systems Additionally, the production rate is extremely low due to its small holding capacity,
approximately 1/5 of that of a vactor truck for catch basin work Currently the functionality of
the existing educator truck is limited to catch basin cleaning only and will not allow
maintenance to be performed on storm lines or any other stormwater facility or the water
utility infrastructure Due to the increased workload from the requirements of the Western
Washington Phase II Municipal Stormwater Permit, additional productivity is needed In
addition, Water Division would be able to remove, replace and repair leaking or damaged
service lines in 1/3 the time it takes compared to using a backhoe with less lead time and
chance of damage to other utilities such as fiber optics, power, etc
Picture of vehicle 1575
∎4 L
Status quo until the eductor truck fails completely in the near future or the City is put on
notice by Ecology to cease using it
Low productivity, inability to keep up with stormwater requirements use of a non compliant
piece of equipment on the stormwater system
I
to it
-2d4
or
E i �°Y E o o n ri E) (19J Y
C k fl n 6 c o v
C C6 -'s'Y La mOn2Y'7X°I�XxY X07
300,000
300,000
300,000
YE
Street
contain
SAVE COMPLETED FORM IN "G:EXCHANGE /FINANCE /BUDGET "Name of Request"
Same as WW Vactor
Hydro Excavating Vacuum Truck
S, New revenue NO additional revenue
Stormwater Utility and the Water Utility replacement funds
funds to cover the purchase of this equipment
PORTANGELES
W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
Date: July 12, 2011
To: Utility Advisory Committee
From: Tom McCabe, Solid Waste Superintendent
Subject: Moderate -Risk Waste Facility Funding Update
Summary: The governor signed the 2012 -2013 Washington State budget and left Coordinated
Prevention Grant program funding intact. Present funding will cover 75% of the remaining 2011
labor and disposal costs for the Moderate -Risk Waste Facility. Staff will apply for another grant in
August during the next grant cycle. Staff will also monitor funding actions so as to respond
quickly should any future reduction of State funding occur. Staff is also examining startup funding
opportunities and options to establish a small quantity generator program to help small businesses
properly dispose of hazardous wastes.
Recommendation: For information only, no action requested.
Background /Analysis: The Governor signed the new State budget June 15, 2011 and the
good news for the Solid Waste Division is that the Coordinated Prevention Grant (CPG) funding
for the Moderate -Risk Waste Facility (MRWF) operations is preserved for now. Oddly enough,
the CPG funding cycle does not align with the state budget cycle and, as a result, the last six
months of the next cycle is not assured funding. The next grant cycle is for January 1, 2012 to
December 31, 2013, but funding is assured through June 30, 2013. The Department of Ecology
(DOE) has yet to determine if they will amend the existing agreements to cover expenses from
July 1, 2013 to December 31, 2013 or change the agreements to align with the budget cycle. Staff
invited DOE representatives to briefly explain the program and answer any questions from the
UAC.
Staff is reasonably confident the City will receive funding for at least the next two years. The
anticipated funding amount should be similar to what the City has received in the past. However,
staff has reviewed the terms and conditions of our contract with Waste Connections in case State
funding impacts our ability to operate the facility.
With the State providing 75% of the operational costs of the MRWF, any loss of State funding
could have a dramatic impact on the sustained operation of the program. Termination of the
MRWF service element requires 180 written notice to the contractor and then negotiations must
begin within 90 days of receiving notice. If funding is reduced but not eliminated, then negotiations for
modifying the MRWF operations can be initiated without advance notice. Our goal is to promptly
N: \UAC\Final\MRW Facility Funding Update doc
MRW Facility Funding Update
July 12, 2011
Page 2
respond to any possible loss of grant funding so that we maintain as many options possible for
continuing this service. Options include but are not limited to increasing tipping fees to cover the
loss of grant funding, requesting fees of residents that use the MRWF, and reducing the hours of
MRWF operation.
The CPG grant funding also covers education and outreach for waste reduction, recycling,
composting, and proper disposal of hazardous waste. CPG funds cannot be used to operate a small
quantity generator (small businesses) program, so costs of any future program has to be borne
completely by the users. In the upcoming grant cycle, staff is proposing to request funds for
additional education and outreach to small businesses that generate hazardous waste. Staff is
evaluating different options for businesses to properly dispose of their hazardous waste. One
option is to accept the materials at the MRWF for a fee. Another option is to establish a hazardous
materials disposal web page to act as a clearinghouse where businesses might coordinate with
hazardous waste collection companies for pick -up within Clallam County.
July 12, 2011
Tami M Ramsey, Regional CPG Grants Manager
36o -407 -6612
tami.ramsey @ecy.wa.gov
Peter Lyon, W2R Program, Regional Manager
36o -407 -6381
peter.lyon@ecy.wa.gov
W A S N I W A 1 O N MAT
DEF ART MEHT OF
ECOLOGY
1
CPG Funds
State fiscal biennium
July 1 (odd year) through June 30 (odd year)
Existing grant cycle 2 yrs
Crosses the state fiscal biennium
18 month grant cycle (new in 2012 -13)
January 1 (even year) through June 30 (last day of state biennium)
Clallam County allocation
Port Angeles can request from the County $1.6794 x population
Current State biennium started July 1, 2011 and ends June 30, 2013.
•CPG grant cycle starts January 1 (even years) for a two year period.
•Starts in one state fiscal biennium, ends in the next.
•Current grant cycle was designed in 2 phases 1st phase funds were covered with
2009 -2011 biennium budget; 2nd phase funds expected from new 2011 -2013 biennium
budget.
•Governor signed the 2011 -2013 fiscal budget which includes "'$28M to fund the CPG
program through 6/30/13.
Funds are from the Local Toxics Control Account (cash account).
•Note: Governor swept this account in early 2009 to help balance the state's
fiscal shortfall replacing the grant program fund source with another fund
source.
•New 18 month cycle
2
z
2012 -13 Distribution by County
IMP SWE
County
IMP SWE
17634 .1
AMS
'ASOTIN
1BENTON
'CHELAN
1CLALLAM
'CLARK
'COLUMBIA
'OWLITZ
1DOUGLAS
'FERRY
'FRANKLIN
'GARFIELD
'GRANT
'GRAYS HARBOR
'ISLAND
!JEFFERSON
'KING
I1 MITSAP
IKITTITAS
1KLICKITAT
'LEWIS
30
8136 444
8390,3731
8223 102
8217 7281
5831,558
0108,970
8267,943
$164,658
$113,183
8226,797
$103 863
8247,286
$220 247
5236 202
$149 207
53 347,004
$517,002
$168,017
$134,428
8226.965'
$104 1
$104 1641
078 1251
$78,125
9104 164
$104,164
$104,164
$104,184
678,125
552,084
578,1251
$104 184
6104,164
5104 164
5104 1641
$104,164
5104 164
$104 164
8104 164
$104 164
5104 164
LINCOLN
'MASON
'OKANOGAN
'PACIFIC
END OREILLE
PIERCE
SAN JUAN
SKAGIT
SKAMANIA
SNOHOMISH
SPOKANE
STEVENS
THURSTON
/JAHKIAKUM
NALLA WALLA
RNHATCOM
'WHITMAN
'YAKIMA
TOTALS
$195 8951
0168,6891
$137,1151
$122 00g
$1,468 0611
8127,7111
$300 3561
0118 3061
51 294 240
$889 834
$174,399
$523 887
$106,970
$200 094
$428,328
5173,2231
5501 551
64
$104 164
5104 164
5104,184
$52 084
$104,164
5104 164
$104,164
$104 164
5104,164
$104 164
052 084
$104,164
$104 164
5104,1641
$104 164
5104 164
5104 164
815,208.0001 3,802.001
'Allocation table by county in state share (75% of total costs) Clallam County
$290,304 (includes required 25% match).
'Port Angeles can request a portion of this amount based on it's population. OFM
population for Port Angeles based on 2011 census is 19,038. Distribution per capita is
based on $1.6794 $32,547 (state share) City of Port Angeles can request $43,396
with 25% match).
•Clallam County has historically provided the city with a portion greater than it's
population current cycle is $156,380 (includes match).
'It has been Ecology's expectation that the city implement countywide solid waste
programs with the "additional" funds.
•Currently the City implements 5 projects including MRW Collection Disposal.
3
Moderate Risk Waste Collection Et Disposal
Port Angeles current CPG budget
(includes 25% match)
Typical costs for Port Angeles program
Labor facility operations
Staff time satellite collections
Disposal HHW only (includes supplies)
Program development (includes SQG)
Advertising outreach (includes SQG)
Conditionally exempt small quantity generators
(CESQG or SQG)
•MRW collection disposal costs vary with each program.
•Clallam County program includes a contract between the City of PA and Waste
Connections to operate the fixed facility.
•Grant agreement includes expectation for the City to assist the County with
satellite collection events, educate outreach about HHW program, including
promoting a new SQG program.
•A CESQG program is required for each county.
•At a minimum this means outreach about how and /or where an CESQG
business can properly dispose of MRW.
It is my experience as CPG grant manager, that City solid waste staff is knowledgeable,
dependable and responsive. Staff also coordinate successfully with county staff to
implement CPG projects.
4
PORTANGELES
W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
Date: July 12, 2011
To: Utility Advisory Committee
From: Kathryn Neal, P.E., Civil Engineering Manager
Subject: Landfill Bluff Stabilization Evaluation
Summary: Staff recently visited the marine bluffs east of the landfill revetment wall and observed
problematic erosion. Staff will provide a presentation on this issue at today's meeting.
Recommendation: For information only, no action requested.
Background /Analysis: On June 17, 2011 a staff team involved in the landfill post closure
work visited the marine bluffs east of the landfill revetment wall and observed problematic
erosion. The services of a qualified consultant will be sought to evaluate the impact of the changes
over time, and to recommend and design any necessary remedial action.
Staff will give a short presentation illustrating the site observations, and the location of erosion on
the marine bluffs. The areas of concern are between the revetment wall and monitoring well #3 at
the landfill.
N \UAC\Final \Landfill Bluff Stabilization Evaluation doc
P ORT A NGELES
W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
Date: July 12, 2011
To: Utility Advisory Committee
From: Kathryn Neal, P.E., Civil Engineering Manager
Subject: Combined Sewer Overflow Professional Services Agreement Amendment No. 11
Summary: On April 26, 2011, the Depaihuent of Ecology made a determination that an
additional permit is required that must be fulfilled prior to the City soliciting for bids on the CSO
Phase I project. The proposed amendment to the professional services agreement includes
developing the permit application, preparing a stormwater pollution prevention plan, an
engineering report that will be submitted to the Department of Ecology, and project management
services through March 2011.
Recommendation: Forward favorable recommendation to City Council to approve and
authorize the City Manager to sign Amendment No. 11 to the Consultant Agreement with
Brown and Caldwell, in an amount not to exceed $224,500, which increases the maximum
compensation under the agreement from $3,968,915 to $4,193,415, and to make minor
modifications to the agreement, if necessary.
Background /Analysis: On April 26, 2011 the Depailnient of Ecology (Ecology) notified both the
City and Rayonier that we would jointly need to submit an Individual Construction Stormwater
National Pollution Discharge Elimination System (NPDES) Permit for the Combined Sewer
Overflow (CSO) Phase 1 project. This was due to Ecology's concern with the contaminated nature
of the Rayonier site and the probability of an appeal if the more rigorous permitting process was
not required from the City and Rayonier. Prior to that, the City had every expectation that this
work would fall under the State's existing Construction Stormwater General Permit.
After further consultation with the Department of Ecology and a site visit to the Rayonier site, it
was determined that Rayonier's requirements for stormwater and erosion control would fall under
their existing stormwater permit for the entire Rayonier mill site, and Rayonier's obligations for
soil and groundwater handling will fall under the Materials Management Plan (MMP), a document
that Rayonier is presently developing with Ecology. The MMP is linked to an amendment to
Rayonier's Agreed Order, resulting in new clean -up actions (Interim Actions) for Rayonier to
implement. As a result, a joint application is no longer required, and the City can submit for the
Individual Stormwater Permit solely for its construction activities. Nevertheless, this permit
application and its SWPPP will have to be coordinated so that it and Rayonier's MMP, their permit
requirements, and their ongoing MTCA work are coordinated and coherent.
N: \UAC\Final \CSO Professional Services Agreement Amendment No 11 docx
Combined Sewer Overflow Professional Services Agreement Amendment No. 11
July 12, 2011
Page 2
Normally, for coverage under the Construction Stormwater General Permit process, the contractor
that is awarded the construction contract develops the Stormwater Pollution Prevention Plan
(SWPPP) which forms the basis of the stormwater practices that will be used for the project. For
the individual permit, these requirements are identified and designed in advance specifically for
the site, approved by Ecology, and then made part of the bidding requirements and final contract.
For this project, the Individual Permit will also address the discharge of groundwater from trench
excavation and will be closely linked to Rayonier's soil handling activities under the MMP and
Agreed Order. Consequently, the City will use Brown and Caldwell to develop the permit
application, SWPPP, and an engineering report for submission to Ecology.
In response to Ecology's comments, and to support completion of the design, additional work
elements have been identified. Construction documents cannot be finalized until the stormwater
plan is approved. A description of the additional work needed from Brown and Caldwell to
complete the new permitting requirements and to reach design phase, through contract
advertisement, is provided below.
Description Amount
Task 11.1 Project Management The timeline is extended from June 2011 $76,500
through March 2012. Includes management and coordination of the
overall design effort and subconsultant effort including coordination
with the City and other governmental agencies, and Quality Control
and Quality Assurance on the project.
Task 11.5 Permitting and Environmental Prepare permit submittals and 49,500
engineering analysis for Individual Construction Stormwater NPDES
Permit. Coordinate closely with City, Rayonier, Ecology, and
environmental engineering consultant. This item is partially
reimbursable by Rayonier, under terms of the Sale Agreement.
Task 11.7 Bid Document Completion Incorporate final MMP decisions from 78,500
Ecology, property and easement lines, Olympic Discovery Trail
management, mitigation plans, hydraulic profiles, wastewater
treatment plant instrumentation and control upgrades, and other edits
identified by Brown Caldwell QA/QC, City comments, and
Ecology. Respond to Ecology final review and obtain approval.
Task 16 First St. Stormwater Separation, Valley Creek Culvert Permitting 20,000
Culvert maintenance is required to remove sediment in the lower
portion of Valley Creek culvert. The City requires assistance in
preparing a Biological Evaluation and JARPA for submittal to the
Corps of Engineers on a tight timeline. These efforts are being
partially funded by existing contracts; this amendment provides
funding for the remainder of the environmental consultant's added
tasks. This work is partially reimbursable from the National Park
Service.
TOTAL $224,500
The following schedule is anticipated to award the construction documents:
July 2011
Aug 2011
December 2011
March 2012
March 2012
April 2012
Issue notice to proceed to Brown Caldwell for Amendment 11 work
Submit permit application, SWPPP, and engineering report to Ecology
Award construction management contract
Permit issued by Ecology
Bids solicited
Award construction contract
Funding is available from CSO reserves accumulated through rates and the Washington State
Public Works Trust Fund Loans.
It is requested that the Utility Advisory Committee forward a favorable recommendation to City
Council to authorize the City Manager to sign Amendment No. 11 to the Consultant Agreement
with Brown and Caldwell, in an amount not to exceed $224,500, which increases the maximum
compensation under the agreement from $3,968,915 to $4,193,415, and to make minor
modifications to the agreement, if necessary.
N: \UAC\Final \CSO Professional Services Agreement Amendment No. 11 docx
J
W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
Date: July 12, 2011
To: Utility Advisory Committee
From: Glenn A. Cutler, P.E., Director of Public Works Utilities
Subject: Dry Creek Water Association Special Service Agreement No. 2
Summary: In May of 2005, the City entered into an Interagency Water Facilities Agreement with the
Dry Creek Water Association (DCWA). The Agreement discussed one utility providing service in
another's service area until it was economically feasible to construct the appropriate infrastructure.
Special Service Agreement #2 has been negotiated to address water customers in the City, but served
by the DCWA, north of Lauridsen Boulevard Edgewood Drive and east of Lower Elwha Road.
Recommendation: Forward a favorable recommendation to City Council to approve and
authorize the City Manager to sign Special Service Agreement No. 2 with the Dry Creek Water
Association and make minor modifications to the agreement, if necessary.
Background /Analysis: In 2005, the City annexed a portion of the Western Urban Growth Area
into the City to support economic growth. In May of 2005, the City entered into an Interagency Water
Facilities Agreement (IWFA) with the Dry Creek Water Association (DCWA). The IWFA addresses
service area boundaries, sales of facilities, and new development. It also outlines the terms to enter
into Special Service Agreements (SSA) that address water service to existing DCWA customers that
are inside the City.
The attached SSA No. 2 was recently negotiated, and is now ready for consideration. The SSA No. 2
covers water service to City customers north of Lauridsen Boulevard Edgewood Drive and east of
Lower Elwha Road. There are 19 customers impacted by the agreement. The DCWA water
customers will continue to be served by DCWA facilities, but become customers of the City. The
customers will be billed at regular City water rates. The City will pay DCWA a wholesale water rate
that is their regular water rate plus 20
The cost to execute the agreement is approximately $7,409.16. The final cost is the 20 surcharge
on the bills from May 2005 to present. It may be adjusted when the City commences billing for
services on or about September 1, 2011. The City's Customer Services Division of the Finance
Department and the DCWA will contact the residents prior to the switch over.
Funds are identified in the Water Utility for this agreement. After action is taken by the City Council
the DCWA will consider the agreement.
N: \UAC\Final\DCWA Special Services Agreement UAC Memo docx
pORTANGELES
W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
Date: July 12, 2011
To: Utility Advisory Committee
From: Glenn A. Cutler, P.E., Director of Public Works Utilities
Subject: Dry Creek Water Association Special Service Agreement No. 2
Summary: In May of 2005, the City entered into an Interagency Water Facilities Agreement with the
Dry Creek Water Association (DCWA). The Agreement discussed one utility providing service in
another's service area until it was economically feasible to construct the appropriate infrastructure.
Special Service Agreement #2 has been negotiated to address water customers in the City, but served
by the DCWA, north of Lauridsen Boulevard Edgewood Drive and east of Lower Elwha Road.
Recommendation: Forward a favorable recommendation to City Council to approve and
authorize the City Manager to sign Special Service Agreement No. 2 with the Dry Creek Water
Association and make minor modifications to the agreement, if necessary.
Background /Analysis: In 2005, the City annexed a portion of the Western Urban Growth Area
into the City to support economic growth. In May of 2005, the City entered into an Interagency Water
Facilities Agreement (IWFA) with the Dry Creek Water Association (DCWA). The IWFA addresses
service area boundaries, sales of facilities, and new development. It also outlines the terms to enter
into Special Service Agreements (SSA) that address water service to existing DCWA customers that
are inside the City.
The attached SSA No. 2 was recently negotiated, and is now ready for consideration. The SSA No. 2
covers water service to City customers north of Lauridsen Boulevard Edgewood Drive and east of
Lower Elwha Road. There are 19 customers impacted by the agreement. The DCWA water
customers will continue to be served by DCWA facilities, but become customers of the City. The
customers will be billed at regular City water rates. The City will pay DCWA a wholesale water rate
that is their regular water rate plus 20
The cost to execute the agreement is approximately $7,409.16. The final cost is the 20 surcharge
on the bills from May 2005 to present. It may be adjusted when the City commences billing for
services on or about September 1, 2011. The City's Customer Services Division of the Finance
Department and the DCWA will contact the residents prior to the switch over.
Funds are identified in the Water Utility for this agreement. After action is taken by the City Council
the DCWA will consider the agreement.
N: \UAC\Fina1\DCWA Special Services Agreement UAC Memo.docx
SPECIAL SERVICE AGREEMENT #2 BETWEEN
CITY OF PORT ANGELES
AND
DRY CREEK WATER ASSOCIATION, INC.
This special service agreement is made and entered into this (Day) (Month) 2011, by and
between Dry Creek Water Association, Inc. (hereinafter called the Association) and City of Port
Angeles (hereinafter called the City).
WHEREAS, on May 3, 2005, the Association and City signed an Interagency Water Facilities
Agreement, which may hereafter be called the IWFA; and
WHEREAS, the Association and City desire to enter into this Agreement to address provision of
potable water to current customers of the Association located within the City limits; and
WHEREAS, the Association and City desire to enter into this Agreement to address the sale to
the City of certain Association facilities located within the City limits; and,
WHEREAS, the Association and City entered into a similar agreement on December 1, 2009,
titled Special Services Agreement #1; and,
NOW, THEREFORE IT IS AGREED between the parties hereto as follows:
1. Incorporation: (Note: paragjranh lb added by City)
a. The IWFA is incorporated herein by this reference.
b. The terms, conditions, and provisions of the IWFA shall always control over the
terms, conditions, and provisions of this document. Every future amendment of the
IWFA shall become incorporated herein by this reference on the same date the
amendment to the IWFA is effective. Every amendment so incorporated herein
shall be an amendment to the corresponding term, condition, or provision of this
agreement. No writing or other acknowledgement, other than the written
amendment of the IWFA, is necessary effect the amendment to this agreement.
2. Special Service To Be Provided By The Association:
a. Pursuant to the IWFA, the City requested a special service agreement with the
Association for properties inside the city limits, north of Lauridsen Blvd Edgewood
Drive, and east of Lower Elwha Road, which may hereafter be referred to as "the
special service area."
b. This special service agreement specifies the conditions and charges for service
pursuant to Exhibit "C" of the IWFA.
1
c. The parties agree that the special service area qualifies for a special service
agreement under the conditions stated in the IWFA.
d. The water customers within the special service area shown in Exhibit "D -1" of the
IWFA are and shall be customers of the City's water utility. The Association
agrees to provide and be responsible for potable water service to and as required by
the City's water customers within the special service area shown in Exhibit "AC."
As consideration for the special service to be provided by the Association pursuant
to this agreement, the City shall pay the Association compensation as provided in
Section 6 below.
3. Sale of Facilities: Not Applicable (No customers are to be physically
disconnected from DCWA).
4. Term:
a. This agreement shall become effective on this 5th day of July 2011. It shall remain
in effect until terminated as provided below.
5. Duration and Termination of Agreement:
a. This agreement shall continue in force and effect until terminated in accordance
with the following procedures:
The Association may terminate this agreement at any time upon receiving the
consent of the City. After July 5, 2016, the City may terminate this agreement at
any time by giving the Association at least sixty (60) days notice prior to
termination; additionally, after July 5 2016, the Association may terminate this
agreement upon one hundred eighty (180) days written notice to the City when, in
the reasonable opinion of the Association, the preconditions set forth in Section 11
of the IWFA are no longer applicable to this agreement. In the event, at the
expiration of the notice period, the City shall proceed to implement service in the
manner and subject to the time frame as depicted in Section 6 of the IWFA.
6. Payment for Water to Special Service Area:
a. From and after the effective date of this agreement, the City shall pay to the
Association, a monthly amount to be calculated in accordance with the Exhibit "C
which is attached hereto and incorporated herein by reference. The parties agree
that the Association is entitled to payment from the City of the 20% surcharge as
depicted in Exhibit "C" for the period included in billings beginning with May 2005
through June 2011, together with interest on the surcharge due at the rate of 7.45%
per annum from the date of each original billing to the date paid. The Association
shall recalculate past due 20% surcharges, plus applicable interest thereon, and
submit an invoice to the City therefore within ten (10) days of the effective date of
7
a.
this agreement. The balance due shall be paid on or before August 30, 2011. The
time period May 2005 through June 2011 is included in this agreement for
reimbursement from the City to the Association as Exhibit "C -1
7. Chances to Agreement:
a. Changes in the terms and conditions of this special service agreement may be made
at any time upon the mutual consent of both parties. Either party desiring a change
shall given the other party written notice. The notice shall contain the desired
changes and with a full explanation of the reasons for the changes. If, the parties
hereto cannot mutually agree to the proposed changes, the agreement shall remain
unchanged.
8. Hold Harmless: Not Applicable
9. Arbitration:
The parties agree that any dispute with regard to the interpretation or enforcement
of this agreement shall be resolved by binding arbitration conducted pursuant to the
arbitration statutes of the State of Washington in effect at the time of the dispute.
The arbitration award may be filed with the Clallam County Superior Court and
enforced in that venue
In the event of litigation regarding the enforcement or interpretation of this
agreement, the party who substantially prevails in such litigation shall be entitled,
in addition to any other relief, to an award of reasonable attorney fees incurred in
such proceedings.
10. Authority:
a. Each party warrants that the undersigned representative has full and complete
legal authority to sign for it and to commit it to the performance of the agreement
set forth herein.
11. Priority.
a. This agreement is intended to implement provisions of the IWFA, and the parties
have not intended to create any conflict between the terms of this agreement and
the IWFA. However, in the event of any conflict between the terms of this
agreement, the IWFA shall control.
WITNESS WHEREOF, the parties hereto have caused the SPECIAL SERVICE AGREEMENT
to be duly signed and executed in two counterparts as of the day and year first above written.
ATTEST: ATTEST:
James Critchfield, President of the Board Kent Myers, City Manager
Dry Creek Water Association, Inc. City of Port Angeles
4
ATTEST:
Janessa Hurd
City Clerk
City of Port Angeles
APPROVED AS TO FORM:
William Bloor, Attorney
City of Port Angeles
Randy Alderson
Randy Alderson
AA &W Self Storage LLC
Port of Port Angeles
Port of Port Angeles
Port of Port Angeles
Port of Port Angeles
Port of Port Angeles
Jerry Payne
Mary Payne
Dan Morrison Partners
Sabrina Hamm
Myers Living Trust
Lake Beavers
Cheryl Richmond
Port of Port Angeles
Port of Port Angeles
Port of Port Angeles
EXHIBIT "A"
PROPERTY OWNERS
1935 Edgewood Drive
1935 Edgewood Drive
1929 W. Duval Place
Edgewood Drive (Office)
1520 S. Critchfield Road
Critchfield Road
Model Airplane Club
1512 S. Critchfield Road
1512 S. Critchfield Road
1509 S. Critchfield Road
Critchfield Road
2917 W. Edgewood Drive
382 Lower Elwha Road
1607 Lower Elwha Road
3230 Saddle Club Road
3210 Saddle Club Road
Lower Elwha Road
Gardner Property
Lower Elwha Road
Bopp Property
Lower Elwha Road
Taylor Property
5
Residential Service (3/4
Residential Service (3/4
Residential Service (3/4
Commercial Service (3/4
Commercial Service (3/4
Commercial Service (3/4
Commercial Service (3/4
Commercial Service (3/4
Residential Service (3/4
Residential Service (3/4
Residential Service (3/4
Residential Service (3/4
Residential Service (3/4
Residential Service (3/4
Residential Service (3/4
Residential Service (3/4
Residential Service (3/4
Residential Service (3/4
Port of Port Angeles Lower Elwha Road Residential Service (3/4
Rush Property
6
EXHIBIT "C"
SPECIAL SERVICE TERMS
Customers served under this special service agreement are the customers of the City of Port
Angeles, receiving water service by agreement from Dry Creek Water Association.
1. Definitions:
"Special service water rate Dry Creek Water Association will charge the established
Association customer rate (residential or commercial, as the case may be) plus twenty
percent (20
2. Facility Costs Associated with Special Service Agreements:
All costs of new or improved facilities in order to provide water pursuant to this special
service agreement shall be borne by the City. These costs shall include but not be limited
to the cost of providing meters and disconnect between the facilities of the two parties
when applicable. Payment of costs by the City shall be made within forty -five (45) days
of invoice by the Association upon completion of the project.
The Association as owner of the existing facilities shall be responsible for maintenance of
the existing facilities.
3. Special Service Charges:
The Association shall provide monthly statements to the City of the total metered
consumption of all customers included in this special service agreement. Special service
conditions and charges for this service will be as follows:
3 /4 Residential Service: $25.00 Monthly Base Rate
0 -499 cubic feet $.005 per cubic feet
500 -999 cubic feet $.010 per cubic feet
1000 -1499 cubic feet $.015 per cubic feet
1500 -1999 cubic feet $.020 per cubic feet
2000+ cubic feet $.025 per cubic feet
Plus 20% Total Billing
3 /4 Commercial Service: $28.00 Monthly Base Rate up to 1,000 cubic feet
0 -499 cubic feet $.005 per cubic feet
500 -999 cubic feet $.010 per cubic feet
7
$38.00 Monthly Base Rate from 1001 to 1999 cubic feet
1000 -1499 cubic feet $.015 per cubic feet
1500 -1999 cubic feet $.020 per cubic feet
$48.00 Monthly Base Rate from 2000 cubic feet and over
2000 -over cubic feet $.025 per cubic feet
Plus 20% Total Billing
If a rate change happens by the membership of the Association before the termination of
this agreement, Dry Creek Water Association will submit a change agreement request to
this special service agreement.
R
Payment for Water to Special Service Area:
EXHIBIT "C -1"
SPECIAL SERVICE TERMS
From and after the effective date of this agreement, the City shall pay to the Association, a
monthly amount to be calculated in accordance with Exhibit "C which is attached hereto and
incorporated herein by reference. The calculations below include monthly billings from May
2005 through June 2011.
Customer #1 (Randy Alderson 1935 Edgewood Drive)
2005 -2011 billings $2,720.44 x 20% surcharge $544.09
Customer #2 (Randy Alderson 1935 Edgewood Drive)
2005 -2011 billings $1,646.80 x 20% surcharge $329.36
Customer #3 (AA &W Self Storage, LLC —1929 W. Duval
2005 -2011 billings $3,229.22 x 20% surcharge $645.84
Customer #4 (Port of Port Angeles Edgewood Drive (Office)
2005 -2011 billings $1,736.79 x 20% surcharge $347.36
Customer #5 (Port of Port Angeles 1520 S. Critchfield Road)
2005 -2011 billings $1,751.49 x 20% surcharge $350.30
Customer #6 (Port of Port Angeles Critchfield Road Model Airplane Club)
2005 -2011 billings $1,766.22 x 20% surcharge $353.24
Customer #7 (Port of Port Angeles —1512 S. Critchfield Road)
2005 -2011 billings $1,622.05 x 20% surcharge $324.41
Customer #8 (Port of Port Angeles 1512 S. Critchfield Road)
2005 -2011 billings $1,764.78 x 20% surcharge $352.96
Customer #9 (Jerry Payne 1509 S. Critchfield Road)
2005 -2011 billings $2,348.22 x 20% surcharge $469.64
Customer #10 (Mary Payne Critchfield Road)
2005 -2011 billings $1,633.43 x 20% surcharge $325.69
Customer #11 (Dan Morrison Partners 2917 W. Edgewood Drive)
2005 -2011 billings $2,090.77 x 20% surcharge $418.15
9
Customer #12 (Sabrina Hamm 382 Lower Elwha Road)
2005 -2011 billings $2,206.87 x 20% surcharge $441.37
Customer #13 (Myers Living Trust 1607 Lower Elwha Road)
2005 -2011 billings $2,329.88 x 20% surcharge $465.98
Customer #14 (Lake Beavers 3230 Saddle Club Road)
2005 -2011 billings $1,694.40 x 20% surcharge $338.88
Customer #15 (Cheryl Richmond 3210 Saddle Club Road)
2005 -2011 billings $2,028.69 x 20% surcharge $405.74
Customer #16 (Port of Port Angeles Lower Elwha Road Gardner Property)
2005 -2011 billings $1,620.25 x 20% surcharge $324.05
Customer #17 (Port of Port Angeles Lower Elwha Road Bopp Property)
2005 -2011 billings $1,620.25 x 20% surcharge $324.05
Customer #18 (Port of Port Angeles Lower Elwha Road Taylor Property)
2005 -2011 billings $1,620.00 x 20% surcharge $324.00
Customer #19 (Port of Port Angeles Lower Elwha Road Rush Property)
2005 -2011 billings $1,620.25 x 20% surcharge $324.05
Total Due: $7,409.16
10
PORT
NGELE;S
W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
July 12, 2011
Date:
To: Utility Advisory Committee
From: Larry Dunbar, Deputy Director of Power Systems
Subject: Bonneville Power Administration Residential Exchange Program Litigation
Summary: The Western Public Agencies Group requested the City to consider if it will be
defending its claims related to the Bonneville Power Administration Residential Exchange
Program.
Recommendation: Forward a favorable recommendation to City Council to proceed with
defending its pending claims related to the Bonneville Power Administration Residential
Exchange Program through its membership with the Western Public Agencies Group.
Background /Analysis: Earlier this year the Bonneville Power Administration (BPA)
Residential Exchange Program (REP) settlement agreement was rejected by City Council, but was
accepted by more than 75% of customer owned utilities. On June 21, 2011, City Council approved
joining an effort to influence the U.S. Congress not to ratify the agreement.
At the last Western Public Agencies Group (WPAG) meeting, there was a discussion about the
best legal strategy to follow regarding the REP settlement agreement and our pending litigation.
At this time WPAG is not considering a legal challenge to the REP settlement agreement. After
much discussion, there was a tentative determination that the best approach would be to take a
defensive posture, not file a petition to challenge the lawfulness of the Exchange Settlement as
APAC and Alcoa will likely do so, and instead defend vigorously our pending claims in the 9th
Circuit.
WPAG has requested each member utility determine if it wants to be involved in defending our
pending claims against any motion to dismiss that may be filed in the 9th Circuit against them, and
if successful in fending off such a motion continuing the pursuit of these claims by moving for oral
argument. WPAG is seeking a response from the City, and after they know what all WPAG
members intend to do, they will ask for the appropriate waiver from the utilities in WPAG that
signed the settlement.
The anticipated additional WPAG costs in 2011 for the motion is $10,000, and in 2012 $15,000 for
the oral argument. WPAG costs for these types of expenses are usually split per capita, so the
City's anticipated membership share is $1,000 in 2011 and $1,500 in 2012.
N \UAC\Final\BPA Residential Exchange Program Litigation docx
PORTANGELES
W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
Date: July 12, 2011
To: Utility Advisory Committee
From: Larry Dunbar, Deputy Director of Power Systems
Subject: Deficit Commission Proposal to Raise Rates on Electricity
Summary: Staff is seeking guidance on whether the City should join an effort to influence
congress not to support the Deficit Commission proposal to raise rates on electricity.
Recommendation: Provide guidance to staff.
Background /Analysis: As part of the City's membership with the Public Power Council
(PPC), it was alerted that the Deficit Commission has resurrected a proposal to raise rates on
electricity charged by power marketing agencies such as the Bonneville Power Administration.
A summary of the Deficit Commission's proposal and a form letter to congress prepared by the
PPC is attached for more information.
Staff is seeking guidance on whether the City should join an effort to influence congress not to
support the Deficit Commission's proposal to raise rates on electricity charged by the Bonneville
Power Administration.
N \UAC \Final\Deficit Commission Proposal to Raise Rates on Electricity docx
Spring 2011
Public Power Council
825 NE Multnomah, Suite 1225
Portland, OR 97232
503.595.9770
Fax 503.239.5959
Deficit Commission Proposal to Raise Rates on Electricity
The old proposal to have the Power Marketing Administrations (PMAs) sell power at market rates
has resurfaced in the Report from the Chairmen of the Deficit Commission released in December.
We oppose this and any proposal that arbitrarily taxes power rates in some regions for the purpose
of funding the federal government.
Ratepayers in the Northwest pay all of the costs of operations and maintenance of the federal
hydropower system. In addition to the annual revenue requirement for BPA power of over $2.2
billion, ratepayers fund an annual payment on principal and interest of debt to Treasury of over
$860 million. In exchange, the Bonneville Power Administration (BPA) sells power at cost. Power
sales at cost have been a legal requirement since BPA's inception and are the foundation of the
contracts that BPA customers signed through 2028.
Applied to the Northwest, the market rates proposal would be an abrogation of the long -term
contracts that preference customers signed. These contracts clearly state that this power is to be
sold at cost. Any move to unilaterally change the terms of the deal would be met with immediate
legal challenge which could ultimately cost the Treasury for any court- ordered judgment.
Regardless, if BPA were ordered to implement such a proposal, the increase in BPA rates would
cause residential consumers significant harm. Energy is a key expenditure for people on fixed
incomes. Even with the Northwest's continued aggressive energy conservation efforts, increased
BPA rates are passed on to consumers who can ill afford the hit.
In addition, increased BPA rates would hurt the economy. Moderate electricity rates historically
have been an engine for our economy, counteracting higher transportation costs and other factors.
Raising rates will stifle economic activity that is already struggling to recover from recession.
Increased BPA rates also threaten other key activities. With the contracts breached and BPA rates
tracking the market, the funding for fish and wildlife efforts and other programs would become less
stable as BPA's current customers move to other, less volatile power supply options.
We appreciate past Congressional Delegation efforts to ward off this enormous potential hit to
citizens and our economy. Federal deficit reduction should be achieved through national sources.
Raising electricity rates in certain regions would be an unfair tax on a critical commodity
imposing severe economic harm.
{letterhead}
{date}
{address Reps see: https: /writereo. house .aov /writerep /welcome.shtml Senators see:
httn: /www.senate.aov /general /contact information /senators cfm.cfm
Dear {Representative /Senator
Residents of {your community understand the need to reduce the federal
budget deficit. But those efforts need to be accomplished wisely to promote economic
growth. For that reason, I am writing to urge you to oppose any effort to address the
deficit that would mandate changes to the rate setting policies of the Bonneville Power
Administration (BPA).
As you may know, the power supply contract we signed with BPA for service through
2028 requires continuation of the cost -based rates that have always governed sale of BPA
power. BPA already raises rates at times in order to meet increased costs and finance
infrastructure and environmental investments. Those increases, such as the BPA power
rate increase proposed for this October, strain businesses and residents in my community.
But deficit reduction proposals to arbitrarily raise the cost of BPA power by switching to
market -based rates will simply impose a selective tax on our residents and businesses and
compound the economic challenges we face.
My utility signed long -term contracts with BPA in order to provide needed certainty.
Legislation that attempts to abrogate those contracts would remove the certainty needed
for business planning and would likely trigger legal challenges that make any estimated
increase in revenue to the Treasury uncertain.
I appreciate the difficult decisions you face, but I am asking that you make clear that
changing BPA rate setting policies is not an acceptable choice.
Sincerely,
pORT NGELES
r
W A S H I N G T O N U. S. A
Utility Advisory Committee Memo
July 12, 2011
Date:
To: Utility Advisory Committee
From: Larry Dunbar, Deputy Director of Power Systems
Subject: Electric Utility Tier 2 Power Supply Strategy and Key Performance Objectives
Summary: On June 7 -8, 2011, City Council and Utility Advisory Committee members attended
the Northwest Public Power Association Tier 2 Power Supply Workshop. Staff wants to confirm
that the Tier 2 power supply and key performance objectives are consistent with the direction
provided during the workshop.
Recommendation: Confirm that the Tier 2 Power Supply Strategy and Key Performance
Objectives for the Electric Utility are consistent with the direction provided during the
workshop.
Background /Analysis: On June 7 -8, 2011, City Council and Utility Advisory Committee
members attended the Northwest Public Power Association Tier 2 Power Supply Workshop. The
purpose of the workshop was to consider the City's Tier 2 power supply (for October 2014
September 2019) and key performance objectives for the Electric Utility (through June 2014). On
June 14, 201, the Utility Advisory Committee received a draft copy of the Tier 2 Power Supply
Strategy and Key Performance Objectives for the Electric Utility
Staff requests that the Utility Advisory Committee confirm the Tier 2 Power Supply Strategy and
the Key Performance Objectives are consistent with the direction received at the workshop. These
documents will serve as an Electric Utility roadmap during the next two years.
Attachment: Electric Utility Tier 2 Power Supply Strategy
Electric Utility Key Performance Objectives
N \UAC \Frnal\Electnc Utility Tier 2 Power Supply Strategy KPOs docx
Electric Utility Tier 2 Power Supply Strategy
Policymaker Consensus June 8, 2011
1. Continue reliance on BPA power supply for future Tier 2 needs (not landfill gas,
cogeneration, market purchases, etc.).
2. Maintain selection of BPA short -term rate alternative and notify BPA by September 30,
2011 (for October 2014 September 2019 deliveries).
3. Consider adoption of an ordinance for incremental loads in 2011 (use a name other than
"new large single loads" to avoid confusion with BPA terminology).
4. Annually review energy sales growth compared to BPA and City funded conservation
program activities, performance targets, and funding sources to ensure avoidance of Tier 2
power supply needs. Complete BPA required Conservation Plan in 2012.
5. Complete demand response installations in 2011, evaluate the cost and benefits of demand
response in 2012, and if appropriate consider expanding demand response efforts in 2013.
6. Revisit Electric Utility strategic planning in June of 2014 and the City's Tier 2 power supply in
June of 2016 (for October 2019 September 2024 Power Supply)
Electric Utility Key Performance Objectives
Policymaker Consensus June 8, 2011
1. Conservation
a. Maintain high staff performance to acquire energy conservation through City electric
customers.
b. Prepare for a 2/3 increase in BPA energy conservation funding beginning October of
2011 due to the Northwest Power and Conservation Council's 6 Power Plan, which is
anticipated to continue for at least the next five years.
c. Continue to identify and implement energy conservation projects at municipal facilities,
and participate in the resource conservation manager program through 2011.
d. Continue to seek additional BPA funding to implement energy conservation activities
within the City.
2. Advanced Metering Infrastructure (AMI) System
a. Consider additional demand response efforts in 2013.
b. Integrate the AMI System into the Conservation Voltage Optimization and SCADA
Systems in 2012.
c. Consider annual meter inspection to review meter condition, check for tampering, and
ensure clearances are maintained, beginning 2012.
d. Utilize the outage management system beginning 2012.
e. Consider redundant fiber optic connections to AMI System collectors in 2012 to ensure
high network reliability.
f. Correlate consumption with meteorological data to predict next day peak hour in 2012,
which will be used for demand response scheduling.
g. Consider future distribution automation and smart grid efforts as they become
available (timing unknown).
h. Begin optimization review of electrical transformer right sizing, commercial water
meter right sizing, and consider water system main leak detection via the AMI System
in 2013.
3. Telecommunications
a. Explore need for a Telecommunications Utility ordinance in 2011 for the future City
owned wireless mobile data system.
b. Prepare a Request for Qualifications (RFQ) for consultant services in 2013 for the Cable
Television Franchise formal renewal proceeding, which includes a community survey
and a future needs and interests report.
c. Explore ways to leverage telecommunications capability.
4. Electric Utility Rates Finances
a. Anticipate wholesale power cost increases in the Fall of 2011 (that shift from variable
cost to high fixed and low variable cost) that necessitate a retail rate increase. Return
to City Council to evaluate options for retail rate increases that reduce retail rate
revenue risk such as applying the increase only to the customer charge versus
consumption charges, and ways to mitigate utility discount customer impacts prior to
September 2011.
b. Consider retail rates in the Fall of 2011 that include rebuilding unrestricted cash
balance.
c. Consider continuation of the communications plan incorporating AMI System benefits
in 2012 (e.g., time of use rates, customer portal, high usage alerts, water leak alerts,
etc.). Timely communicate final 2011 BPA wholesale power rate increase to the public.
d. Consider conducting a separate customer survey on green retail rate alternative in
2013.
e. Evaluate the effect on weekday (Monday through Friday) retail rates if Saturdays are
made into either a low or medium rate in 2013.
5. Future Annexations
a. Engage the Clallam County Public Utility District in a discussion to consider electrical
customer transfer by wheeling arrangement versus acquisition of assets in 2012.
6. Infrastructure Plan
a. Maintain renewals and replacements at or above depreciation 2011 forward.
b. Complete cost /benefit evaluation of pole replacement to determine future use of City
crews or contractors in 2012.
7. Landfill Flare Facility
a. Conduct evaluation to assess gas quality and quantity in 2011.
b. Proceed with a request for proposal (RFP) seeking development of a beneficial use in
2012.
8. Electrification of the Transportation Sector
a. Seek grant opportunities for electric vehicle infrastructure and charging station(s) in
2011 forward.
9. Public Power
a. Maintain a positive relationship with BPA, and memberships in trade associations (i.e.,
Public Power Council, Western Public Agencies Group, and Northwest Public Power
Association) that preserve public power benefits.
pORTANGELES
W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
Date: July 12, 2010
To: Utility Advisory Committee
From: Larry Dunbar, Deputy Director of Power Systems
Subject: Overhead and Underground Utility Policies and Guidelines
Summary: City Council adopted policies relating to the installation of new overhead and
underground utility facilities. Staff is informing the Utility Advisory Committee of the
implementation guidelines in support of the policies.
Recommendation: Support staff's interpretations of the Comprehensive Plan and
Telecommunications Ordinance concerning guidelines for overhead and underground
construction of new telecommunications facilities.
Background /Analysis: City Council adopted a Comprehensive Plan in 1994 and a
Telecommunications Ordinance in 2001 that set forth policies relating to overhead and
underground construction by public and private sector utilities. This year there has been redundant
fiber optic construction and next year construction of the wireless mobile data system is
anticipated.
Excerpts from the Comprehensive Plan relating to overhead/underground utilities are provided
below:
The City should place a high priority on installing new utility lines underground to increase
safety and reliability and to improve neighborhood appearances.
Where possible, new utilities should be located in alleys.
Excerpts from the Telecommunications Ordinance relating to overhead/underground utilities are
also provided below:
The purpose and intent included encouraging economic development while preserving
aesthetic and other community values and preventing proliferation of aboveground facilities.
Encourage open competition and the provision of advanced and high quality
telecommunications services on the widest possible basis to the businesses, institutions, and
residents of the City, while eliminating unnecessary local regulation of telecommunications
service providers and services.
N \IJAC \Final \Overhead Facilities Policies Guidelines docx
Overhead and Underground Utility Policies and Guidelines
July 12, 2011
Page 2
All facilities shall be constructed, installed, and located in accordance with the following terms
and conditions, unless otherwise specified in a license, master permit, or facilities lease:
1. Wherever a grantee has existing underground duct or conduit with capacity available,
grantee shall install its telecommunications facilities within such underground duct or
conduit.
2. A grantee with permission to install overhead facilities shall install its telecommunications
facilities on pole attachments to existing utility poles only and then only if surplus space is
available.
3. Whenever any existing electric utilities or telecommunications facilities are located
underground within a right -of -way of the City, a grantee with permission to occupy the
same right -of -way must also locate its telecommunications facilities underground.
4. Whenever any new or existing electric utilities and/or telecommunications facilities are
located or relocated underground within a right -of -way of the City, a grantee that currently
occupies the same right -of -way shall, at its own expense, relocate its facilities underground.
Absent extraordinary circumstances or undue hardship as determined by the Director, such
relocation shall be made concurrently to minimize the disruption of the rights -of -way. No
extension granted by the Director under this Subsection shall exceed a period of twelve
(12) months.
The Director may waive the requirements for location of facilities under this Subsection, if
the grantee demonstrates to the Director's satisfaction that such location requirements are
commercially unreasonable or if provisions of the grantee's tariff filed with the Washington
Utilities and Transportation Commission otherwise control.
Staff has interpreted the above guidance into a concise list of conditions for performing work
associated with telecommunications. This interpretation will be folded into the Wireless Mobile
Data System Request for Proposal and Right of Way Construction Permits associated with new
telecommunications facilities:
A. The installation of new utility poles is not permitted to establish service.
B. New services may be installed on existing overhead facilities in alleys, whether or not there are
existing telecommunications facilities.
C. New services may be placed on existing utility poles outside of alleys, if there are existing
telecommunications facilities on the utility pole.
D. If capacity is available in existing underground ducts or conduits, new services shall be
installed within such underground ducts or conduits.
E. New services shall not be installed on existing metal street lighting standards or traffic signal
standards.
F. Wireless access points may be attached to street lighting standards and utility poles. If a metal
street lighting standard is used for a wireless access point that's directly connected to the fiber
optic network, the cable shall be installed within the streetlighting standard then placed
underground until reaching an existing utility pole.
G. New services shall comply with all National Electric Safety Code (NESC) clearance
requirements.
H. The Director may waive any of the above guidelines, other than clearance requirements, on a
case -by -case basis if the cost to comply is excessive in comparison to the estimated cost of
overhead installation.
ORT NGELES
W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
Date: July 12, 2011
To: Utility Advisory Committee
From: Terry Dahlquist, P.E., Electrical Engineering Manager
Subject: Nippon Utility Pole Transfer
Summary: Nippon wishes to complete disposition of their decommissioned electric transmission
lines that formerly connected them to the Elwha Dam. They have offered a portion of one line to
the City.
Recommendation: For information only, no action requested.
Background /Analysis: Several years ago, Nippon Paper Industries USA Co., Ltd (Nippon)
disconnected the Port Angeles mill from the power lines coming from the Elwha and Glines
Canyon dams. Some of these lines have been transferred to Clallam County Public Utility District
No. 1, and the remainder have simply been unused.
Nippon has offered a segment of line along the north side of Edgewood Drive near the entrance to
Fairchild Airport at little or no cost to the City. There are two utility poles on this line that
currently have City -owned 12kV distribution infrastructure built below Nippon's transmission
circuit. Provided Nippon is willing, the City desires to acquire ownership of these two poles.
The balance of Nippon's facilities are in the Western Urban Growth Area where the City does not
serve any customers. Annexation of this area may be many years in the future, and the
infrastructure required for future development is unknown. Due to their condition and location,
owning and maintaining these electric lines does not appear to offer any benefit for the City.
Staff intends to pursue a transfer of ownership from Nippon to the City for two poles that the City
currently utilizes for distribution.
N \UAC\Final \Nippon Pole Transfer.doc
J ORT
N GELEIS
W A S H I N G T O N U.S.A.
Utility Advisory Committee Memo
Date: July 12, 2010
To: Utility Advisory Committee
From: Phil Lusk, Power Resources Manager
Subject: Commercial Industrial Demand Response Pilot Project
Summary: As components of the Commercial Industrial Demand Response Pilot Project
sponsored by the Bonneville Power Administration, Global Energy Partners has offered the City
Participation Agreements to include specific demand response equipment at City Hall and the
City's Water Treatment Plant.
Recommendation: Forward a favorable recommendation to City Council to authorize the
City Manager to sign the Participation Agreements with Global Energy Partners for the
Water Treatment Plant and City Hall projects in an amount not to exceed $30,000, and to
make minor modifications to the Agreements, if necessary.
Background/Analysis: In February 2011, the Bonneville Power Administration (BPA) and
the City of Port Angeles (City) entered into an agreement to conduct a Commercial and Industrial
Demand Response Pilot Project (C &I DR) in the City's electric service territory.
Global Energy Partners (Global) is under contract with BPA to manage the services for the C &I
DR. Goals of the C &I DR include reducing peak electric demand, reducing the city's wholesale
power supply costs, and testing the ability to dispatch C &I electric loads through automated
demand response technologies.
Global and the City have identified and recruited eight (8) commercial industrial locations for
use in the C &I DR including two City facilities. Global has offered the City Pilot Participation
Agreements for including the City's Water Treatment Plant and City Hall into the C &I DR.
The estimated cost for automated demand response equipment for both city facilities is $30,000.
Under terms of the C &I DR Agreement, BPA provides a 50% cost share for the project costs.
Total estimated City cost for the automated design response equipment at the two facilities is
$15,000, which will be paid out of the Conservation Fund. Staff will issue a request for quote
(RFQ) to determine actual project costs.
Staff requests that the Utility Advisory Committee forward a favorable recommendation to City
Council to authorize the City Manager to sign the Participation Agreements with Global Energy
Partners for the Water Treatment Plant and City Hall projects in an amount not to exceed $30,000,
and to make minor modifications to the Agreements, if necessary.
N \UAC \Onginal\Pilot Particpation Agreements docx
pORT
N \UAC\Final\NPI Rate Ordinance docx
NGE1LE
W A S H I N G T O N U. S. A,
Utility Advisory Committee Memo
Date: July 12, 2010
To: Utility Advisory Committee
From: Larry Dunbar, Deputy Director of Power Systems
Subject: Industrial Transmission Electric Rate Ordinance
Summary: The Bonneville Power Administration's Tiered Rate Methodology will go into
effect October 1, 2011. The City will need to have rates in place for all its electric customers that
are appropriate for that new methodology. For the City's single industrial transmission customer,
the City offered a power sales agreement consistent with the new methodology. Unfortunately,
Staff was unable to successfully negotiate an agreement with that industrial customer. Staff will
prepare an amendment to the industrial transmission rate ordinance for Utility Advisory
Committee consideration at their August 9, 2011 meeting.
Recommendation: For information only, no action requested.
Background /Analysis: Consistent with City Council direction provided at the June 2009
Northwest Public Power Association Tier 2 Power Supply Workshop, staff proceeded to negotiate
a power sales agreement with Nippon Paper Industries USA Co., Ltd (Nippon). On October 20,
2009, City Council authorized the Mayor to sign a power sales agreement with Nippon. At that
time staff believed there were only a few issues yet to be negotiated. Staff, with the support of
Terry Mundorf through the City's membership in the Western Public Agencies Group, has worked
diligently to address the issues but were unable to achieve a mutually acceptable agreement.
With the new Bonneville Power Administration Tiered Rate Methodology going into effect
October 1, 2011, and the lack of a mutually acceptable power sales agreement with Nippon, staff
now plans to prepare an amendment to the industrial transmission rate ordinance.
Staff will return to the Utility Advisory Committee on August 9, 2011 with a proposed amendment
to the industrial transmission rate ordinance. At that time the Utility Advisory Committee will be
asked for their recommendation to City Council to conduct public hearings on the proposed
ordinance amendment on September 6, 2011 and September 20, 2011. The proposed ordinance
amendment would go into effect October 1, 2011.