HomeMy WebLinkAboutAgenda Packet 10/09/2000 UTmLIT~ ADVISORY COMMITTEE
PUBLIC WORKS CONFeReNce ROOM
PORT ANGELES, WA 98362
OCTOBER 9, 2000
3:00
AG EN DA
I. CALL TO ORDER
Ii. ROLL CALL
III. APPROVAL Of HINUTEB OF SEPTEMBER I I , 2000, REGULAR mEETING.
APPROVAL OF mINUTES OF SEPTEMBER 29, 2000, sPeCIAL mEETING.
IV. DISCUSSION Items
A. BID AWARD FOR OVERHEAD eLECTRIC REBUILD (dim H)
B. BACKUP GENERATOR FOR WASTEWATER TREATMENT PLANT (UEFF)
C. LANDFILL CONSULTING seRVICES CONTRACT (GARY - veRBAL)
D. B~C CONTRACT (GARY - VERBAL)
E. APPROVAL AND IMPLEMENTATION OF COmmUNIT~ TeLECOmmUNICATIONS ACTION pLAN
(LARRY)
F. BPA POWER SALES AOReEMENT (SCO3T)
G. Retail Power SALES AgREEmENT WITH DAISHOWA AmeRICA, ltD. (SCO~-F)
V. LATE Items
VI. NEXT meETing - NovemBER I 3, 2000
VII. ADJOURNMENT
A:~AGEN DA.w~D
UTILITY ADVISORY COMMITTEE
Port Angeles, Washington
September 11, 2000
I. Call to Order: ~-
Chairman Campbell called the meeting to order at 3:00 p.m.
II. Roll Call:
Members Present: Chairman Campbell, Dean Reed, Allen Bentley, Mayor Larry Doyle,
Councilman Larry Williams
Members Absent:
Staff Present: Michael Quinn, Craig Knutson, Glenn Cutler, Ken Ridout, Scott McLain,
Gary Kenworthy, Jim Harper, Jeff Young, Larry Dunbar, Cate Rinehart
Others Present: None
III. Approval of Minutes:
Chairman Campbell asked if there were any changes or additions to the agenda. None were given.
Chairman Campbell then asked if there were any additions or corrections to the meeting minutes of
August 7, 2000. Allen Bentley moved to approve the minutes. Dean Reed seconded the motion, which
carried unanimously.
IV. Discussion Items:
A. Biosolid Land Application
Jeff Young, Treatment Plant Superintendent announced biosolids stored at the landfill have been land
applied. All regulations were met with matcriai being spread at a rate of 4 tans per acre. A briefcxplanation
was given concerning the bids on some used equipment for the City in the future and an overview of the
application procedure. DOE has indicated that it was leaning towards permanent approval, Glenn Cutler,
Director of Public Works and Utilities, acknowledged the fine j ob done by Mr. Young in implementing this
program.
No action taken. Information only.
B. Tree Trimming Contract
Jim Harper, Electrical Engineering Manager, handed out a revised memo to the committee explaining the
current trimming process and future schedule in the electrical distribution right-of-way. Craig Knutson, City
Attorney, advised that Phase 1 retainage must be kept until the end of thc contract.
1
UTILITY ADVISORY COMMITTEE
September 11, 2000
Mayor Doyle moved to recommend the City Council authorize signing the Change Order to Contract
20-11 in the amount of $25,000 for additional tree trimming. Councilman Williams seconded the
motion, which carried unanimously.
C. Ediz Hook Conversion
Jim Harper, Electrical Engineering Manager, explained the difference between the CFP pricing of$150,000
and the budget allowance for this project indicating a savings to the City if the project is done in two parts
but under one contract. The project described in the CFP allocates $50,000 each year for a six year period.
Mr. Harper indicated that by breaking the project into two contracts it would save approximately 12%. A
brief discussion followed regarding design and implementation.
No action taken. Information only.
D. Southwood Service Conversion Cost Assistance
Jim Harper, Electrical Engineering Manager, reviewed the Cresthaven conversion assistance explaining the
Southwood conversion is the next area to be completed. A brief discussion followed with concerns
expressed over notification to customers and the estimate process. Glenn Cutler, Director of Public Works
and Utilities, suggested the recommendation be amended to read "90% of either bid price or final cost,
whichever is lowest" for the residents cost share of the secondary underground services.
Dean Reed moved to recommend the City Council authorize reimbursement of customer conversion
costs as Mr. Cutler suggested. Mayor Doyle seconded the motion, which carried unanimously.
E. Aerial Mapping
Gary Kenworthy, Deputy Director of Engineering Services, gave a brief background indicating mapping
needs to be updated to reflect development. David Smith and Associates was selected as the most qualified
for the additional surveying and mapping series. A brief discussion followed with clarification on
boundaries.
Mayor Doyle moved to recommend the City Council authorize an agreement with David Smith and
Associates in the amount of $108,596.00 to provide Aerial Mapping 2000 services. Allen Bentley
seconded the motion, which carried unanimously.
F. Update on GgYI Bilaterial Compliance Agreement (BCA)
Glenn Cutler, Director of Public Works and Utilities, stated a meeting had taken place (Steve Sperr also in
attendance) with the Department of Health to discuss the GWI Action Plan and BCA. The completion date
of January 2006 remained as proposed with minor modifications requested concerning some earlier
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UTILITY ADVISORY COMMITTEE
September 11, 2000
completion dates for individual activites and omition of one or two reviews. The City is now awaiting the
draft of the Bilaterial Compliance Agreement from the State. There was a brief discussion regarding
influence of dam removal. Mr. Cutler answered questions regarding water quality and stressed the need for
public information.
No action taken. Information only.
V. Information Only Items:
Scott McLain, Deputy Director of Power Systems, introduced Larry Dunbar, the new Power Resources
Manager.
VI. Late Items:
Glenn Cutler, Director of Public Works and Utilities, stated the application for the Downtown Watermain
and Sidewalk Replacement Phase Three loan was not approved, however, another application will be
submitted next year. Mr. Cutler summarized the events of the first few days for the Phase II Downtown
Watermain Project. Mr. Cutler added that Don Perry and Jackson Smart were contacted about returning
items of significant interest so they could be turned over to the Historical Society.
Scott McLain, Deputy Director of Power Systems, requested an additional UAC meeting to discuss fiber
optics, consideration of the landfill cell #3 closure contract and consideration of bids for a generator at the
Treatment Plant.
VII. Next Meeting:
The next meeting will be held September 29, 2000, at 3:00 p.m. in the Public Works Conference Room.
VIII. Adjournment:
Chairman Campbell adjourned the meeting 4:07 p.m.
Orville Campbell, Chairman Cate Rinehart, Administrative Assistant
UTILITY ADVISORY COMMITTEE
Port Angeles, Washington
September 29, 2000
1. Call to Order:
Vice Chairman Williams called the meeting to order at 3:00 p.m. ~
II. Roi1 Call:
Members Present: Vice Chairman Williams, Mayor Doyle, Allen Bentley, and Dean Reed.
Members Absent: Chairman Orville Campbell.
StaffPresent: Michael Quinn, Craig Knntson, Scott McLain, Gary Kenworthy, Jim Harper,
Larry Dunbar, Sue Roberds, and Cate Rinehart
Others Present: Richard Li (Metropolitan Communications Consultants), Fred Mitchell and
Doug Harrison (Clallam County PUD)
IIL Approval of Minutes:
Vice Chairman Williams announced that the minutes of the August 11th regular meeting would be
presented for approval at the October 9t~ meeting.
IV. Discussion Items:
,4. Bid Award 12/16/20 MVA Power Transformer for "1" Street Substation
Jim Harper, Electrical Engineering Manager, explained that during the final stages of bid evaluation a
discrepancy was found in the way the proposal was put together. After discussing the error with the City
Attorney it was agreed that an addendum would be sent out along with the original documents and a new
bid date would be set.
No action taken. Information only.
B. Community Telecommunications Action Plan (Fiber Optics)
Scott McLain, Deputy Director of Power Systems, introduced Richard Li of Metropolitan Communications
Consultants and Larry Dunbar, Power Resources Manager. Mr. McLain gave a brief summary of the
planning the City has done. Craig Knntson, City Attorney, stressed the importance of putting together
comprehensive telecommunications ordinances that would reference other ordinances such as right-of-way
construction, pole attachment et cetera. Mr. Dunbar explained the preliminary planning process specifically
citing E-nable Visions, FairPoint, and Unisys. Mr. Li then proceeded with an extensive presentation
stressing community needs and interests, business planning, design and construction, and system activation.
A short discussion followed with concerns expressed over cable franchise and community involvement.
Staff recommended the UAC and Council be part of the oversight process as further developments occur.
Utility Advisory Committee
September 29, 2000
Staffrecommended that PA Works! Is involved and kept informed during implementatin of the Community
Telecommunications Action Plan. Staff indicated that specific recommendations will be made at the
October 9t~ meeting regarding technical and legal services to assist in completing a new telecommunications
ordinance, assessing future needs, complete a business plan for fiber optics backbone, a request for
engineering services for design, and cable purchase.
No action taken. Information only.
V. Information Only Items:
Status reports were provided on the following subjects:
Request for Proposals for a consultant for the landfill
B&C wastewater service negotiations
Downtown Phase II update
8t~ street renovation update
VI. Late Items:
VII. Next Meeting:
The next meeting will be held October 9, 2000, at 3:00 p.m. in the Public Works Conference Room.
VIII. Adjournment:
The meeting adjourned at 4:15 p.m.
Larry Williams, Vice Chairman Cate Rinehart, Administrative Assistant
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pORTANOELES
W A $ H I N G T O N, U. $, A.
UTILITY ADVISORY COMMITTEE MEMO
DATE: October 9, 2000
TO: UTILITY ADVISORY COMMITTEE
FROM: James L. Harper
SUB3ECT: Bid Award Overhead Electric Rebuild Projects No. 20-07, 20-08 & 20-09
Summary:. The construction of these three rebuild projects: along 10th Street from N Street to O
Street, along O Street from 10t~ Street to 18t~ Street and along Laurel Street from Park Avenue to
Ahlvers Road are required to provide an acceptable level of service. These projects were advertised
under a single contract on September 17 & 18 and the sealed bids are to be opened on October 6,
2000. The bid summary and a staff recommendation will be provided at the UAC Meeting.
Recommendation: UAC recommend the City Council accept the bid of (TBA) and
authorize the Mayor to sign the contract for the specified construction.
Background / Analysis: Project 20-07 will replace the existing 3-phase #6 cu conductors with 3-
phase 336 al conductors along 10t~ Street between"N" Street and"O" Street (not open). This project
in conjunction with Project 20-08 is required to maintain an acceptable level of service and reliability
for customers on the west side. This project is currently budgeted for construction during 2000.
Project 20-08 will construct new 3-phase overhead 336 al line along "O" Street (not open) from 10t~
Street to 14th Street and reconstruct 3-phase #2 cu with 3-phase 336 al from 14th Street to 18th Street.
This project in conjunction with Project 20-07 is required to maintain an acceptable level of service
and reliability for customers on the west side. This project is currently budgeted for construction
during 2000.
Project 20-09 will rebuild 1-phase #6 cu to 3-phase 336 al along Laurel Street from Park Ave to
Ahlvers Rd. Approximately 4 MVA of load south of Park Avenue is without feeder tie capability.
This project will provide an alternative feed in case of loss of the line on Peabody, and will allow
a balancing of the load between Laurel Feeder 1202 and Feeder 1203. This project is currently
budgeted for construction during 2000.
pORTANGELE$
WASHINGTON, U.s.a.
UTILITY ADVISORY COMMITTEE MI=MO
DATE: October 9, 2000
To: UTILITY ADVISORY COMMITTEE
FROM: Jeff Young, Wastewater Treatment Plant Superintendent
SUBJECT: Backup Generator for Wastewater Treatment Plant (WWTP)
Summary: The National Pollutant Discharge Elimination System (NPDES) waste discharge permit
that the City currently operates under requires the City to have redundant power in the case of a
power outage. The City currently has two sources of electrical power from the Valley and
Washington substations. This is sufficient in most cases, but we could have an overflow event at
the WWTP in the case ora City wide or Bonneville (BPA) power failure. In order to assure that we
are prepared for a catastrophic failure, the Public Works Department budgeted $100,000 in 2000 to
~urchase and install a backup generator to meet the needs of the WWTP.
leeommendation: The UAC recommend to the City Council that the Director of Public Works
and Utilities purchase and install the 500 KW generator from DMT Electric Company of Port
Orchard Wa. in the amount of $99,200.
Background / Analysis: The National Pollutant Discharge Elimination System (NPDES) waste
discharge permit that the City currently works under and dated November 30, 1993, states that "The
Permittee is responsible for maintaining adequate safeguards to prevent the discharge of untreated
waste or wastes not treated in accordance with the requirements of this permit during electrical
power failure at the treatment plant...". The WWTP is currently able to access power from either
the Valley or the Washington substations. If both of these substations fail or if the BPA feed fails
then we are without power to operate the plant. Also there are safety and response time factors that
need to be considered. Currently when there is a power outage, the Call-Out dialer calls in a WWTP
Operator who must manually switch from one breaker to the other, using a keyed system. This takes
a minimum of 30 minutes from the time the dialer calls until the Operator is able to switch power.
In periods of high flows at the WWTP this could result in an overflow.
The installation of the backup generator will provide the WWTP with reliable backup power and will
also have an automatic transfer switch. When there is a power outage, the power drop will initiate
the generator to start up and switch over the power supply within a matter of moments. By the time
the Operator responds to the alarm the plant would be back in full operation.
Staff requested that the Contractor submit quotes for 2 different sound levels or decibels (dB). We
were interested in getting the quietest generator possible, so as not to disturb the adjacent properties
in the case of an event whereby we needed to use the generator late at night or early morning.
Normal testing and operation of the generator will be during the day time for short durations (1/2
to 1 Hour test) and should not be a concern. As a comparison we used some common sounds and
their decibel rating. Normal conversation is 60 dB and a lawn mower is 90 dB. Any sound above
85 db can cause hearing loss, and the loss is related both to the power of the sound as well as the
length of exposure.
Three contractors were selected from the Small Works Roster to submit quotes to provide and install
a 500 KW generator. Staff requested that each contractor submit a base quote for a unit that would
produce a sound level of 85 decibels (dB) and an alternate quote to provide a unit that would produce
a sound level of 72 dB.
Staff requested that the Contractors bid on 2 separate decibel (dB) levels to help determine if the cost
difference of a lower dB level would outweigh the benefits. The cost difference for a lower dB
ranged from $2,800 to $9,700 and the benefit of lower noise during the time the generator is running
does not warrant the additional cost.
We received 2 quotes as follows:
Contractor Base Quote 85 dB Alternate Quote 72 dB
DMT Electric $99,200 $102,000
Port Orchard Wa.
Angeles Electric $99,814 $109,514
Port Angeles Wa.
Cummins Northwest No Bid No Bid
Renton Wa.
Funds are budgeted in the Wastewater Utility and are available for this project. It is recommended
that the 500 KW generator be purchased from DMT Electric, Port Orchard, Wa. The formal bid
process is not required to be followed due to the fact that this equipment is associated with pollution
control facilities.
A:\UACGenerator.wpd
pORTANGELES
W A S H I N G T O N, U, $, A,
UTILITY ADVISORY COMMITTEE MEMO
DATE: October 9, 2000
TO: UTILITY ADVISORY COMMITTEE
FROM: Larry Dunbar, Power Resources Manager
S~JB,~ECT: Approval and Implementation of Community Telecommunications Action Plan
Summary.: Metropolitan Communications Consultants (MCC) recently prepared a Community[
Telecommunications Action Plan for the City. The Action Plan identified additional planning
needs and specific actions the City should take over the next three-year period. This Staff report
requests the Utility Advisory Committee's recommendation to proceed with implementation of
the Action Plan,
Recommendation: The Utility Advisory Committee recommend Council approval of the
Community Telecommunications Action Plan and a professional services agreement in an
amount not to exceed $92,500 with MCC for completion of: a comprehensive
telecommunications ordinance; a telecommunications future needs and interests
assessment; a business plan for the fiber-optic backbone; and to authorize Staff to prepare
a request for qualifications for engineering services to design the fiber-optic backbone and
to proceed with the purchase of fiber-optic cabling.
Background/Analysis: On 9/29/2000, MCC and Staffpresentcd thc Corrmacmity
Telecommunications Action Plan to the Utility Advisory Committee. The Action Plan identified
the need to complete a telecommunications ordinance, conduct a telecommunications needs
assessment, and develop a fiber-optic backbone over the next three-year period.
Telecommunications ordinance
The Action Plan identified the need for a comprehensive approach to telecommunications
regulations including a master telecommunications ordinance that would reference other
ordinances such as right-of-way construction, licensing and taxation, pole attachments (to be
developed) and wireless facility siting (to be developed). A comprehensive approach to
telecommunications regulation is needed to comply with federal and state laws and to improve
management of public right-of-way anticipating increased telecommunications construction
demands.
Telecommunications needs and interests assessment
The cable television franchise will expire on 10/1/2003 and a formal renewal procedure must
commence prior to 4/1/2001. Subject to Utility Advisory Committee and City Council approval
of StaWs recommendation to develop a fiber-optic backbone, the assessment will address all
telecommunications needs and interests of the community. The assessment will provide public
involvement into the City decision making process for the next cable television franchise and the
expansion, operation and management of the City's fiber-optic backbone, and the provision of
telecommunications services. Professional services to assist with franchise negotiations are not
included in the scope of work at this time. The Cable Operator (Northland Cable Television)
will be charged a fee to help offset the City's costs of renewing the franchise.
Fiber-optic backbone business planning, design and construction
Based on Council goals and Power Engineers preliminary planning, MCC and Staff recommend
the City develop a fiber-optic backbone in Port Angeles. A business plan will need to be
prepared as outlined in the scope of work. An engineering design including construction
documents will need to be completed for the fiber-optic backbone. Staff will solicit engineering
services to design the fiber-optic backbone through a request for qualification selection process,
select a consultant, and negotiate a fee prior to the end of the 1st quarter of 2001. Once the
selection process is complete, Staff will seek the Utility Advisory Committee's recommendation
before requesting City Council approval to proceed with fiber-optic backbone engineering
design. Once the engineering design is complete, the City would call for bids to construct the
fiber-optic backbone.
Fiber-optic backbone activation
The first stage of activation would include short-term lease of segments of the fiber-optic
backbone for point-to-point communications. The first stage of activation will include
installation of communications cabling and electronic equipment (as required) in municipal
facilities. The second stage of activation, including installation of electronic equipment for core
customers, would occur after the Utility Advisory Committee and City Council reach decisions
based on the results of the assessment and cable franchise renewal. The third stage of
activation, expansion of the network and purchase of additional electronic equipment on a
network-wide basis, would also occur after the assessment and cable franchise renewal are
completed. The business plan will need to be updated for the second and third stages of
activation which is not included in the scope of work.
Community telecommunications action plan cost estimate
A combination of professional services and current Staff resources will be required to implement
the Action Plan. MCC offers high quality professional services to the City to complete many
elements of the Action Plan. They have the expertise and are available to assist the City to make
prompt progress. Expenditures to implement the Action Plan would occur over a three-year
period beginning in 2000, some of which are presently unknown.
2
The requirements and cost of fiber-optic infrastructure and network activation equipment for
stages 2 and 3 are currently unknown and will depend on the assessment. Additional
professional services and/or Staff resources will be required to operate and manage the fiber-
optic backbone once activated. A copy of the professional services agreement and MCC's scope
of work and schedule is included as attachment "A". Because of the nature of this project, a
contingency in the amount of 5% for unanticipated expenses has been included. Funding for
professional services, the fiber-optic backbone, and network activation equipment are available
within the electric utility fund reserves.
Action plan cost estimate summary
A. Professionalgervices 2000 2001 2002 2003 Total
1. Comprehensive I
telecommunications ordinances $10~000 $7~500 $17~500
2. Telecommunications needs and
interests assessment 40~000 40~000
3. Fiber-optic backbone business
plan (stages 2 & 3 not included) 35~000 35~000
4. Fiber-optic backbone
engineering desisn (estimate) 150~000 150~000
Professional Services Sub-Total $10~000 $232~500 $242~500
B. Fiber-Optic Infrastructure 2000 2001 2002 2003 Total
Fiber-optic backbone cable
(25 miles/48 strands estimated) $350,000 $350~000
Fiber-optic backbone installation
(splicing, nodes) 1,0007000 1 ~000~000
Stage 2 fiber-optic distribution
cable (requirements unknown) Unknown Unknown
Stage 3 fiber-optic distribution
cable (requirements unknown) Unknown Unknown
Fiber-Optic Infrastructure
Sub-Total $1 ~350~000 $1 ~350~000
C. Network Activation Equipment 2000 2001 2002 2003 Total
Stage 1
(Costs paid by users) Unknown Unknown
Stage 2
(requirements unknown) Unknown Unknown
Stage 3
(requirements unknown) Unknown Unknown
Network Activation Sub-Total Unknown
Sub-Total A~ Bz and C $10~000 $1~582~500 $17592~500
5% Contingency $500 $79~125 $79~625
Total Cost Estimate $10~500 $1~661~625 $1,672~125
Attachments: 1 Professional Services Agreement
3
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
CITY OF PORT ANGELES
AND
METROPOLITAN COMMUNICATIONS CONSULTANTS
RELATING TO: Community Telecommunications Planning
THIS AGREEMENT Is made and entered into this day of ,200._._, by and between THE CITY
OF PORT ANGELES, a non-charter code city of the State of Washington, (hereinafter called the "CITY") and Metropolitan
Communications Consultants a Washington Corporation (hereinafter called the "CONSULTANT").
WHEREAS, the CITY desires to complete a new telecommunications ordinance and update other effected City ordinances, and
WHEREAS, the CITY desires to complete a telecommunications futura needs and interests assessment, and
WHEREAS, the CITY desires to complete a business plan for the fiber-optic backbone and updates as needed for each stage of
activation,and
WHEREAS, the CiTY desires to engage the professional services and assistance of a qualified consulting firm to perform the scope
of work as detailed in Exhibit A, and
WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the State of Washington for professional
registration and/or other applicable requirements, and
WHEREAS, the CONSULTANT represents that it has the backg rou nd, experience, and ability to perform the requimd work in accordance
with the standards of the profession, and
WH E REAS, the CON SU LTANT represents that it will provide qualified person nel and appropriate facilities necessary to accomplish the
work;
NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants and agreements set forth
below, the parties hereto agree as follows:
I SCOPE OF WORK
The scope of professional services to be performed and the results to be achieved by the CONSULTANT shall be as detailed in the
attached Exhibit A and shall include all services and material necessary to accomplish the work.
The CITY may review the CONSULTANT'S work product, and if it is not satisfactory, the CONSULTANT shall make such char~ges as
may be required by the CITY. Such changes shall not constitute "Extra Work" as related in Section XI of this Agreement.
The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of the professior~
and in compliance with applicable federal, state and local laws.
The Scope of Work may be amended upon written approval of both parties.
II OWNERSHIP OF DOCUMENTS
Upon completion of the work, all documents, exhibits, photographic negatives, or other presentations of the work shall become the
property of the CITY for use without restriction a nd without representation as to suitability for reuse by a ny other party unless specifically
verified or adapted by the CONSULTANT. However, any alteration or muse of the documents, by the City or by othem acting through
or on behalf of the City, will be at the City's sole risk.
III DESIGNATION OF REPRESENTATIVES
Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be subject to the approval of the
City of Port Angetes - October 2000
IV TIME OF PERFORMANCE
The CONSULTANT may begin work upon execution of this Agreement by both parties. The work shall be completed in accordance
with the schedule set forth in the attached Exhibit D.
V PAYMENT
The CITY shall pay the CONSULTANT as set forfh in this section of the Agreement. Such payment shall be full compensation far work
performed, sePvices rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work.
A. Payment shall be on the basis of the CONSULTANT'S cost for actual labor, overhead and prefit plus CONSULTANT'S direct non-
salary reimbursable coata as set forth in the attached Exhibits B and C, respectively.
1, Labor costs shall be based on the hourly rates shown in Exhibit B. Hourly rates shall be based upon an individual's houdy
wage, times the total number of hours worked, times a multiplier of . The mcltiplier shall include overhead and
profit.
General clerical time shall be considered an overhead item, except where specific work items are thvolveri that require one
hour or more continued effort, in which case time will be charged on the basis of hours worked.
2, The direct non-salary reimbursable costs are those directly incurred in fulfilling the terms of this Agreement, including, but not
limited to, travel, subsistence, telephone, CADD computer, reproduction and printing, supplies and fees of outside services
and consultants. Ten percent (10%) overhead and profit may be added to direct non-salary reimbumable costs.
B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the work, hours, employee name,
and hourly rate; shall itemize with receipts and invoices the non-salary direct costs; shall indicate the specific task or activity in
the Scope of Work to which the costs are related; and shall indicate the cumulative total for each task.
C. Thec~TYshallrev~ewtheinv~icesandmakepaymentf~rthepercentage~fthepr~jectthathasbeencomp~eted~esstheam~unts
previously paid.
D. The CONSULTANT invoices are due and payable within 30 days of receipt, in the event of a disputed billing, only the disputed
portion will be withheld from payment.
E. Final payment for the balance due to the CONSULTANT will he made upon the completion of the work and acceptance by the
F. Payment for "Extra Work" performed under Section XI of this Agreement shall be as agreed to by the parties in writing.
VI MAXIMUM COMPENSATION
Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation and reimbursement under this
Agreement, including labor, direct non-salary reimbursable costs and outside services, shall not exceed the maximum sum of:
Item 1- Te!ecommunicationa Ordinance $17,500
Item 2 - Telecommunications Future Needs and Interests Assessment $40,000
Item 3- Business Planning $35,000
VII EMPLOYMENT
Employees of the CONSULTANT, while engaged in the performance of any work or services under this Ag reement, shall be conaidered
employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman'a Compensation Act on behalf
of said employees whim so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission
on the part of the CONSULTANT'S employees while so engaged, on any of the work or sewices provided to he rendered herein, shall
be the sole obligation and responsibility of the CONSULTANT.
In performing this Agreement, the CONSULTANT shall not employ or contract with a ny CITY employee without the City's w~en consent.
City of Port Angeles - October 2000
VIII NONDISCRIMINATION
The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non-discriminatory treatment of all persons,
without respect to race, creed or national origin, or other legally protected classification and, in particular:
A. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all
positions, from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action
requirements; end,
B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant
thereto, relating to the establishment of non discriminatory requirements in hiring and employment practices and assuring the
service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled
veteran condition, physical or mental handicap, or national origin.
IX SUBCONTRACTS
A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY.
B. The CONSULTANT will be using the firms submitted with its proposal as subcontractors. Subcontractors other than those listed
shall not be permitted without the written consent of the CITY.
C. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to
a subcontract, including procurement of materiels and equipment, each potential subconsuitant or supplier shall be notified by
the CONSULTANT of Consultant's obligations under this Agreement, including the nondiscrimination requirements.
X CHANGES IN WORK
Other than changes directed by the CiTY as set forth in Section I above, either party may request changes in the scope of work. Such
changes shall not beoome part of this Agreement unless and until mutually agreed upon and incorporated herein by written amendments
to this Agreement executed by both parties.
Xl EXTRA WORK
The CITY may desire to have the CONSULTANT perform work or render services in connection with this project, in addition to the Scope
of Work set fotth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and
shall be addressed in a written supplement to this Agreement. The CITY shall not be responsible for paying for such extra work unless
and until the written supplement is executed by both parties.
Xll TERMINATION OF AGREEMENT
A. The CITY may terminate this Agreement at any time upon not less than ten (10) days written notica to the CONSULTANT. Written
notice will be by certitied mail sent to the consultant's designated representative at the address provided by the CONSULTANT.
B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT,
which, when added to any payments previously made, shall compensate the CONSULTANT for the percentage of work completed.
C. In the event this Agreement is terminated prior to completion of the work, documents that are the property of the CiTY pursuant
to Section II above, shall be delivered to and received by the CITY prior to transmittat of final payment to the CONSULTANT.
XlII INDEMNIFICATION/HOLD HARMLESS
The CONSULTANT agrees to indemnify the CITY from any claims, damages, losses, and costs, including, but not limited to, attorney's
fees and litigation costs, arising out of claims by third patties for property damage and bodily injury, including death, caused solely by
the negligence or willful misconduct of the CONSULTANT, CONSULTANT employees, affiliated corporations, officem, and
subcontractors in connection with the work performed under this Agreement.
The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and costs, including, but not limited to, attorney's
fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused solely by
the negligenca or willful misconduct of the CITY, CITY's employees, or agents in connection with the work performed under this
Agreement.
City of Port Angeles - October 2000
If the negligence or willful misconduct of both CONSULTANT and CITY (or a person ~dentif'~d above for whom each is liable) ia a cause
of such damage or injury, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their
relative degrees of negligence or wififul misconduct and the right of indemnity shall apply for such proportion.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for
damages arising out of bodily injury to persons or damages to properly caused by or resulting from the concurrent negligence of the
CONSULTANT and the CITY, its officers, officials, employees, and volunteers, the CONSULTANTS liability hereunder shall be only
to the extent of the CONSULTANT'S negligence. It is further specifically and expressly understood that the indemnification provided
herein constitutes the CONSULTANTS waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement. However, the CONSULTANT expressly reserves its rights as a third person set forth in RCW 51.24.035.
XlV INSURANCE
The CONSULTANT shall preocure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or
damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents,
representatives, employees or subcontractors.
The CONSULTANT shall provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property
damage: and,
2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per
occurrence and $2,000,000 aggregate for personal injury, bodily injury and prepedy damage. Coverage shall include but eot be limited
to: blanket contractual; pmductslcompleted operations; broad form property damage; explosion, collapse and underground (XCU) if
applicable; and employer's liability; and,
3. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence.
Any payment of deductible or self insured retention shall be the sole responsibility of the CONSULTANT.
The CITY shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed
by or on behalf of the Consultant and a copy of the endorsement naming the CITY as additional insured shall be attached to the
Certificate of Insurance. The CITY reserves the right to rev/aw a certif'ied copy of all required insurance policies in the CONSULTANTs
office.
The CONSULTANT'S insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim
is made or suit is brought, except with respects to the limits of the insurer's liability.
The CONSULTANT'S insurance shall be primary insurance as respects the CITY, and the CITY shait be given thirty (30) days prior
written notice of any cancellation, suspension or material change in coverage.
XV APPLICABLE LAW
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute
the venue of any litigation brought hereunder shall be Clallam County.
XVI EXHIBITS AND SIGNATURES
This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may
only be changed by a written amendment executed by both parties. The following exhibits are hereby made a pad of this Agreement:
Exhibit A - Scope of Work
Exhibit B - Consultant Labor Costs
Exhibit C - Non-salary Reimbursable Costs
Exhibit D - Schedule for the Work
Cit~/of Port Angeles - October 2000
In WlTNESS THEREOF, thepaRieshemtohaveexecutedthisAgmementas ~thedayandyearfi~ wriEenabove.
CITY OFPORTANGELES
MAYOR
CONSULTANT
TITLE:
APPROVED AS TO FORM:
CRAIG KNUTSON, CITY ATTORNEY
ATTEST:
BECKY UPTON, CITY CLERK
N:\PVVKS~IG HT~POVVM\FIBER\TELAGRE E.VVPD
City of Port Angeles - October 2000
PROPOSAL
Telecommunications Professional Services
October 9, 2000
Submitted to
City of Port Angeles
321 East Fifth Street
Port Angeles, WA
98362-0217
METROPOLITAN
COMMUNICATIONS
CONSULTANTS
TaCOma: 1201PacificAvenue, Su0e 1702, TacOma, Washington98402
Tel: 800.465.2248 Fax: 253.272.1482 www.mcco.com
Seattle: 5847 McKinley Pi. N., Seattle, Washington 98103
Tel: 206.522.6778 Fax: 206.522.6777
EXHIBIT A - SCOPE OF WORK Page 1
1. TELECOMMUNICATIONS AND RELATED ORDINANCES
The scope of work covered by this proposal consists of the summary tasks listed in the outline below.
The outline is for proposal purposes and may be adjusted by the City as required during the work. The
proposal shall be valid for a period of 30 days following the date of this letter.
Task 1.1 - Review Existing and Draft City Ordinances and MCC Models
Review existing materials and City draft telecommunications ordinance
Meet with City staff
· Review City's goals and expectations regarding final ordinances
· Discuss MCC model telecommunications ordinance
· Discuss MCC model pole attachment ordinance
· Discuss MCC recommended wireless ordinance model
· Discuss related ordinances - Tire 5 Business Licenses, Title 11 Streets & Sidewalks
Task 1.2 - Prepare Customized and Updated Ordinances
Edit model telecommunications, pole attachment and wireless ordinances incorporate applicable City materials
Customize model ordinances for City of Port Angeles (Draft 1)
Update existing Business License and Streets/Sidewalks ordinances (Draft 1)
Legal review of Draft 1 ordinances (by Clarence West, esq.)
City and service provider input and comments
Incorporate comments, prepare package of custon~ized and updated ordinances (Draft 2)
Legal review of Draft 2 ordinances (by Clarence West, esq.)
Task 1.3 - Prepare Final Ordinances
Prepare final package of ordinances for City codification and adoption
Assistance with presentation of telecommunications and related ordinances to City Council
Work Schedule and Timeline
We estimate the work will require one hundred and twenty (120) days to complete from date of notice to
proceed. The schedule allows reasonable time for review, comments and input by Port Angeles and other
participants. Delays by providers or others may extend the completion date and could affect the budget.
Budget Estimates
The work covered by this proposal is estimated to require the budgets shown below.
Item Description Amount
MCC Customized telecom ordinance 7,500
MCC Customized pole attachment ordinance 1,000
MCC Customized wireless ordinance 2,000
MCC Updated business license & streets/sidewalks ordinance 2,000
DCF Specialist legal review 5,000
Total, Estimated Budget Required $17,500
Metropolitan Communications Consultants Confidential and Proprietary
Exhibit A - Scope of Work Page 2
2. COMMUNITY TELECOMMUNICATIONS NEEDS AND INTERESTS
The scope of work covered by this proposal consists of the summary tasks listed in the outline below.
The outline is for proposal purposes and may be adjusted by the City as required during the work. The
proposal shall be valid for a period of 30 days following the date of this letter
Task 2.1 - Public Proceedings
Meet with City staff and review City's goals and expectations for:
· Community telecommunications needs and interests
· Cable franchise renewal
Gather existing materials by City and others for review and incorporation into work
· E-nable Visions eCommerce/Internet initiatives
· Fairpoint Bridgeworks program
· Unisys Proposal
· Other related materials
Public proceedings issues development
· Telecom needs and interests
· PEG access, resou~rces and capital needs
· Economic development needs and opportunities
· Service provider performance review
Public involvement and input
· Public information by media, web page and continuing surveys
· Stakeholder involvement
· Public forums (telecom and catv - 1 each)
Community telecommunications needs and interests report and recommendations
Task 2.2 - Prepare Cable Television Franchise Draft for Renewal Negotiations
Prepare Negotiation Draft for Northland Cable Television Franchise Renewal
· Incorporate applicable City and MCC materials and input (Draft 1)
· Legal review and comments
· Incorporate applicable comments and prepare negotiation draft franchise (Draft N1)
Assistance with presentation of Draft N1 to City management and Council (if needed)
Invite Cable Provider response to Negotiation Draft N1
Task 2.3 - Assistance with Northland Negotiation (future, depends on provider response)
Assist City team in cable television franchise renewal negotiations
Preparation of drafts and final version of negotiated franchise
Assistance with presentation of negotiated franchise to City Council
Metropolitan Communications Consultants Confidential and Proprietary
Exhibit A - Scope of Work
2. COMMUNITY TELECOMMUNICATIONS NEEDS AND INTERESTS (CONTINUED)
Budget Estimates
The work for Task 2.1 covered by this proposal is estimated to require the budget shown below. Tasks
2.2 and 2.3 are not immediately necessary, as the franchise will not expire until October 1, 2003. With
completion of Task 2.1 however, the City should request a cable franchise proposal from Northland
Cable in early 2001, following receipt of which, Task 2.2 should be initiated.
Item Description Amount
Community Telecommunications Needs and Interests
Task 2.1 Public Proceedings $30,000
Task 2.2 Prepare Negotiation Draft
for Northland Cable Television Franchise Renewal $10,000
Task 2.3 Assistance with Northland Negotiation future
Total, Est~nated Budget Required $40,000
Work Schedule and Timeline
We estimate Task 2.1 will require one hundred eighty (180) days to complete from date of notice to
proceed. The schedule allows time for review, comments and input by Port Angeles and other
participants. MCC will endeavor to accelerate the schedule to complete Task 2.1 as quickly as possible.
Task 2.2 will immediately follow completion of Task 2.1 and can be completed ninety days (90)
thereafter.
Task 2.3 is dependent on the timing of a response from Northland Cable, who may consider delaying
any action on theJ. r part until the franchise expiration date of October 1, 2003 is more imminent.
Metropolitan Communications Consultants Confidential and Proprietary
Exhibit A - Scope of Work Page 4
3. P~A. NETWORK, STAGE 1 AND UPDATES BUSINESS PLANNING
'Z~e scope of work covered by t~s proposal consists of the summa~ tasks Usted in the oull~e below.
The outline is for proposal purposes and may be adiusted by the City as requ/red during the work. The
proposal shall be valid for a period of 30 days following the date of this letter.
Task 3.1 - Strategic Direction Goals and mission
Authority, governance, structure
Business proposition
Partnership analyses
Task 3.2 - Overview of Project Environment
Impact of other telecommunications plannLng, particularly Task 2, the Community
Telecommunications Needs and Interests Report
Regulatory, technological and business environment
Products and services
Core customers and prospective users
Market view
Competitive landscape
Opportunities and risks
Task 3.3 - Implementation Plan
Network strategy and priorities
Product and services development
Customer and user development
Initial and potantial user sites
Network development and activation options
Implementation staging and timeline
Initial backbone project and Stage 1 activation
Network management, operations, and performance measures
Future stage business plan updates
Task 3.4 - Business Analyses
Stage 1 and projected future usage
Cost models
Revenue projections
Sensitivity analyses
Funding models
Task 3.5 - Final Report
Stage 1 work plan and recommendations
Prepare final Stage 1 Business Plan Report
Presentation to City of Port Angeles
The proposal includes the delivery of five (1) hard copies and one set of electronic originals for Port
Angeles's use in printing copies for distribution.
Metropolitan Communications Consultants Confidential and Proprietary
Exhibit A - Scope of Wodc Page 5
WORK SCHEDULE AND TIMELINE
The work can be completed within ninety (90) days of notce to proceed depending on the adequacy and
ease of gathering available data. MCC requests the close and timely assistance of Port Angeles to meet
the relatively short timeline.
BUDGET ESTIMATES
The work covered by this proposal is estimated to require the budget shown below. MCC will work on a
time and expense or a lump sum basis, of wkich the latter is preferred.
Item Description Amount
1. P.A. Network, Stage 1 Business Plan 35,000
2. Future Stage Business Plan Updates future
Total, Estimated Budget Required $35,000
MetropolRan Communications Consultants Confidential and Proprietary
EXHIBIT B & C - LABOR COSTS AND REIMBURSABLE COSTS Page 6
EXHIBIT B - CONSULTANT LABOR COSTS
MCC Standard Labor Charges
Description Technician Engineer/Analyst Principal
Hourly wage multiplier 2.64 2.64 2.64
Labor charge/hour $45 to $60 $75 to $150 $195
EXHIBIT C - NON-SALARY REIMBURSABLE COSTS
Non-Salary Reimbursable Costs
Costs directly incurred in fulfilling the terms of this Agreement, including, but not limited to:
Travel
Subsistence
Telephone
CADD Computer
Reproduction and Printing
Supplies and
Fees of Outside Services and Specialty Consultants.
Reimbursed at actual cost plus 10% based on receipts presented.
Additional Work
Additional work requested, outside the scope of work of this proposal, may be done on a negotiated
lump sum basis or at the standard rates listed above.
Metropolitan Communications Consultants Confidential and Proprietary
EXHIBIT D - SCHEDULE FOR THE WORK Page ?
1. Telecommunications Ordinanoe
We estimate the work will require one hundred and twenty (120) days to complete from date of notice to
proceed. The schedule atiows reasonable time for review, comments and input by Port Angeles and other
participants. Delays by providers or others may extend the completion date and could affect the budget.
2. Community Telecommunications Needs and Interests
We estimate Task 2.1 will require one hundred eighty (180) days to complete from date of notice to
proceed. The schedule allows time for review, comments and input by Port Angeles and other
participants. MCC will endeavor to accelerate the schedule to complete Task 2.1 as quickly as possible.
Task 2.2 will immediately follow completion of Task 2.1 and can be completed ninety days (90)
thereafter.
Task 2.3 is dependent on the timing of a response from Northland Cable, who may consider delaying
any action on their part until the franchise expiration date of October 1, 2003 is more imminent.
3. P.A. Network, Stage I Business Plan
The work can be completed within ninety (90) days of notice to proceed depending on the adequacy and
ease of gathering available data. MCC requests the close and timely assistance of Port Angeles to meet
the relatively short timeline.
Schedule Overview
A summary overview of the project schedule is presented below. Upon authorization of the work and
notice to proceed, MCC will prepare a detailed schedule in Gantt chart form of the work, for review and
approval by the City. The schedule will show the timeline for all tasks and subtasks on the same chart so
that the relationships and concurrent ongoing work can be monitored and adjusted as necessary.
Telecom & Rel, Ords
120 days
~ Needs & Interests ~ Catv Fran
~ 180 days ~ 90 days
Stage 1 Bus, Plan
90 days
Metropolitan Communications Consultants Confidential and Proprietary
WASHINGTON, U.S.A.
UTILITY ADVISORY COMMITTEE MEMO
DATE: October 9, 2000
TO: UTILITY ADVISORY COMMITTEE
FROM: Scott McLain, Deputy Director of Power Systems (~yfV~
SUBJECT: BPA Power Sales Agreement
Summary: Staffhas negotiated a power sales agreement with the Bonneville Power Administration
to provide the wholesale electric power requirements for the City. This agreement will cover the
period from October 2001 through September 2011.
Recommendation.' UAC recommend that the Council authorize the Mayor to sign the attached
agreement with the Bonneville Power Administration to provide the City's power supply for
the ten year period from October 2001 to September 2011.
Bacl~round / Analysis: The City's electric utility currently has contracts for wholesale power supply from
three different providers. The majority of the City's supply comes from the Bonneville Power Administration
(77%), with the remainder being supplied by Avista Power (22%) and Columbia Storage Power Exchange
(CSPE) (1%). The Bonneville supply contract expires on September 30, 2001, the Avista contract on
September 30, 2003, and the CSPE contract on March 31, 2003. Market prices for power during this period
are expected to be much higher than the prices available from BPA. By signing the attached power sales
agreement with the Bonneville Power Administration, we will replace power purchased under all the expiring
contracts with BPA Priority Firm purchases (Bonneville's lowest cost power). This will assure the City of
a Iow cost power supply through the term of the contract.
The primary difference between the attached agreement and the agreement the City signed with BPA in 1996
is that it does not include rates set for the entire term of the agreement. Rates will be determined in a BPA
formal rate proceeding at various times throughout the agreement as determined by BPA. Initial rates for the
first five years of the contract are set, but will likely be adjusted by the Cost Recovery Adjustment
Clause(CRAC) due to the high prices BPA is currently paying to augment their generating resources. The
City's Account Executive from BPA will be present at the Council meeting on October 17th to answer
questions about the contract.
The City has recently contracted with Economic and Engineering Services to perform a financial study of
the electric utility. This study should be complete by the end of the year and will determine how residential
and commercial retail rates will be affected by the new wholesale power rates.
Attachment:
N:~PWKS~LIGI-IT~POWIVlhMEMOS\UAC 1009 .WPD
Contract No, 00PB-12054
FULL SERVICE
POWER SALES AGREEMENT
executed by the
BONNEVILLE POWER ADMINISTRATION
and
PORT ANGELES CITY LIGHT
Table of Contents
Section Page
1. Term ................................................................................................................ 2
2. Definitions ..................................................................................................... 2
3. Applicable Rates ........................................................................................... 4
4. Priority Firm Power Product .................................................................... 5
5. ' Load Loss ....................................................................................................... 5
6. Retail Access Implementation ................................................................... 6
7. Scheduling ..................................................................................................... 6
8. Delivery .......................................................................................................... 6
9. Measurement ................................................................................................. 8
10. Billing and Payment .................................................................................... 9
11. Notices ............................................................................................................ 11
12. Cost Recovery ............................................................................................... 11
13. Uncontrollable Forces ................................................................................. 11
14. Governing Law and Dispute Resolution ................................................. 12
15. Statutory Provisions .................................................................................... 14
16. Standard Provisions .................................................................................... 17
17. Termination ................................................................................................... 19
18. Signatures ...................................................................................................... 19
Exhibit A Rate Commitments
Exhibit B Billing
Exhibit C Net Requirements
Exhibit D Additional Products and Special Provisions
Exhibit E Points of Measurement
This FULL SERVICE POWER SALES AGREEMENT (Agreement) is executed by
the UNITED STATES OF AMERICA, Department of Energy, acting by and through
the BONNEVILLE POWER ADMINISTRATION (BPA), and PORT ANGELES
CITY LIGHT (Port Angeles). Port Angeles is a municipal corporation organized
under the laws of the State of Washington.
RECITALS
This Agreement will replace Contract No. 96MS-95027 which continues through
September 30, 2001.
BPA has administratively divided its organization into two business lines in order to
functionally separate the administration and decision-making activities of BPA's power
business from the administrative and decision-making activities of its transmission
business. References in this Agreement to the Power Business Line are solely for the
purpose of establishing which BPA business line is responsible for the administration of
this Agreement.
The Parties agree:
1. TERM
This Agreement takes effect on the date signed by BPA and Port Angeles.
Performance by BPA and Port Angeles, except for the preparatory actions for
performance, shall commence on October 1, 2001, and shall continue through
September 30, 2011 (Expiration Date).
2. DEFINITIONS
Capitalized terms in this Agreement shall have the meanings defined below, in the
exhibits or in context. All other capitalized terms and acronyms are defined in
BPA's applicable Wholesale Power Rate Schedules, including the General Rate
Schedule Provisions (GRSPs), or its successors.
(a) "Alternate Supplier" means an entity, other than Port Angeles, or a
consumer of Port Angeles serving its own load with an on site resource, that
provides electric power service directly to a retail electric power consumer
that receives service over the distribution system of Port Angeles under
Voluntary Retail Access or Mandated Retail Access.
(b) "Amounts Taken" means the amount of power provided by PBL to serve Port
Angeles's load as measured at the Points of Measurement.
(c) "Annexed Load" means the amount of load, including the increase in load
associated with an annexation, that is added to Port Angeles's distribution
system after September 30, 2000 due to Port Angeles's acquisition by
condemnation, purchase or other legal process, as authorized under
apphcable state law, of distribution facilities and the obligation to serve the
00PB-12054, Port Angeles 2
retail electric power consumers connected to the facilities. Annexed Load
amounts are shown in Exhibit A, Rate Commitments.
(d) "Contract Year" or "CY" means the period that begins each October 1 and
which ends the following September 30. For instance Contract Year 2002
begins October 1, 2001, and continues through September 30, 2002.
(e) "Contracted Power" means Firm Power and Surplus Firm Power provided
under this Agreement.
(f) "Diurnal" means the division of hours of the day between Heavy Load
Hours (HLH) and Light Load Hours (LLH).
(g) "Firm Power" means electric power that PBL will make continuously
available to Port Angeles under this Agreement.
(h) "Mandated Retail Access" means the right, mandated either by Federal, or
state law of retail electric power consumers to either acquire electric power
service directly from one or more Alternate Suppliers of such electric power,
or choose electric power service from a portfoho of power supply options,
without Port Angeles taking an ownership interest.
(i) "New Large Single Load" or "NLSL" means the definition established for
NLSL in the Northwest Power Act, as implemented in a NLSL policy
developed by BPA after this Agreement is executed.
(j) "Northwest Power Act" means the Pacific Northwest Electric Power Planning
and Conservation Act of 1980, P.L. 96-501,
(k) "Party" or "Parties" means PBL and/or Port Angeles.
(1) "Points of Measurement" means the points at which Total Retail Load and
Amounts Taken are measured as set forth in Exhibit E, Points of
Measurement.
(m) "Points of Receipt" means the points of interconnection on the transmission
provider's transmission system where Contracted Power will be made
available to Port Angeles's transmission provider by PBL.
(n) "Power Business Line" or "PBL' means the administrative unit of the
Bonneville Power Administration, United States Department of Energy, or
its successor, which is acting by and for BPA in making this contract, and
which is responsible for the management of marketing and sale of Federal
power under BPA statutes.
(o) "Region" means the definition established for "Region" in the Northwest
Power Act.
00PB.12054, Port Angeles 3
(p) "Returned Retail Load" means a retail electric power consumer load that
returns to Port Angeles for electric power service after receiving electric
power service from an Alternate Supplier.
(q) "Surplus Firm Power" means surplus firm electric power that is made
available and sold consistent with section 5(f) of the Northwest Power Act
and subject to the provisions of P.L. 88-552 which is made available under
this Agreement.
(r) "Total Retail Load" means all electric power consumption including electric
system losses, within a utility's distribution system as measured at Points of
Measurement, adjusted as needed for unmetered loads or generation, less
nonfirm or interruptible loads agreed to by the Parties. No distinction is
made between load that is served with Contracted Power and load that is
served with electric power from other sources.
(s) "Transmission Business Line" or "TBL" means that portion of the SPA
organizat/on or its successor that is responsible for the management and sale
of transmission service on the Federal Columbia River Transmission System
(FCRTS).
(t) "Voluntary Retail Access" means retail access that is not Mandated Retail
Access and under which the retail electric power consumer has the ability to
either acquire electric power service directly from one or more Alternate
Suppliers of such electric power, or choose electric power service from a
portfolio of power supply options, without Port Angeles taking an ownership
interest.
3. APPLICABLE RATES
Purchases under this Agreement may be subject to more than one rate schedule.
The Priority Firm Power (PF), New Resource Firm Power (NR), and Firm Power
Products and Services (FPS) rate schedules, including the GRSPs, or their
successors, apply to pgwer purchases under this Agreement. Purchases under each
rate schedule are established as follows.
(a) Priority Firm Power Rate '~
Section 4 of the body of this Agreement, Exhibit A (Rate Commitments), and
Exhibit B (Billing), identify rates and Contracted Power amounts subject to
the PF rate schedule.
(b) New Resource Firm Power Rate
Section 15 of the body of this Agreement, Exhibit A, (Rate Commitments),
and Exhibit B (Billing) identify rates and Contracted Power amounts subject
to the NR rate schedule.
(c) Firm Power Products and Services Rate
00PS- 12054, Port Angeles 4
Except when otherwise specified in this Agreement Exhibit D (Additional
Products and Special Provisions) identifies rates, products, and amounts
subject to the FPS rate schedule.
4. PRIORITY FIRM POWER PRODUCT
PBL shall sell and make available and Port Angeles shall purchase under the
applicable PF rates Contracted Power in hourly amounts equal to Port Angeles's
Total Retail Load minus the following:
(a) Port Angeles and Non-Port Angeles Resources
Port Angeles and non-Port Angeles resources as established in Exhibit C,
Net Requirements.
(b) New Large Single Loads
NLSL amounts, if any, as established in Exhibit A, Rate Commitments that
are served at the NR Rate.
(c) Other Loads and Amounts
Other loads and amounts as established in Exhibit D, Additional Products
and Special Provisions.
(d) Loads Served By an Alternate Supplier Under Mandated Retail
Access
Loads served by an Alternate Supplier under Mandated Retail Access as
measured at the appropriate Points of Measurement, or in amounts agreed
to by the Parties.
$. LOAD LOSS
(a) Limitation on Damages
PBL shall bill Port Angeles monthly for any power Port Angeles was
contractually obligated to purchase that month, but did not take for any
reason other than Mandated or Voluntary Retail Access, at the rates PBL
would have charged Port Angeles if Port Angeles had taken such power
under this Agreement. Up to 60 days after the end of each Contract Year,
~ PBL may determine if Port Angeles purchased less Contracted Power in any ,.
month during the previous Contract Year, due to Voluntary Retail Access
load loss, than it was contractually obligated to purchase under this
Agreement (Monthly Purchase Deficiency). If PBL makes such a
determination it shall calculate the reasonable market value of each Monthly
Purchase Deficiency taking into account the differing market values within
each month during such Contract Year. Port Angeles shall pay PBL
damages for such Contract Year equal to the amount by which the sum of the
product of the Monthly Purchase Deficiencies and the amount PBL would
have charged if the power had been taken under this Agreement exceeds the
sum of the product of the Monthly Purchase Deficiencies and the reasonable
market value in each month. PBL may require through a written notice to
00PB-12054, Port Angeles 5
Port Angeles that Port Angeles provide a reasonable forecast of its expected
load loss amounts for a Contract Year.
(b) Returned Retail Loads
Port Angeles shall notify PBL of any Returned Retail Load and provide PBL
with metering information for such loads prior to PBL providing any power
to serve such loads. Port Angeles agrees not to request from PBL service
under section 5(b) of the Northwest Power Act for a Returned Retail Load
which would commence earlier than one year after the date the Returned
Retail Load began receiving service from the Alternate Supplier. Any
request for service to Returned Retail Loads would be established pursuant
to section 4(c) of Exhibit A, Rate Commitments.
6. RETAIL ACCESS IMPLEMENTATION
Port Angeles agrees to use its best efforts and all legal recourse to defend itself in
any legal action in which it is alleged that the failure of Port Angeles to provide
open access to its distribution system to Alternate Suppliers constitutes a violation
of state or Federal antitrust laws. At ]east 180 days before Port Angeles allows
Voluntary Retail Access or before the effective date of Mandated Retail Access, the
Parties shall amend the terms of this Agreement, if and to the extent necessary, to
reflect the following Port Angeles obligations:
(a) Port Angeles sha]] ensure that PBL has access to information adequate to
plan, schedule, and bill for service rendered under this Agreement; and
(b) Port Angeles shall ensure that any retail electric power consumer, that
receives all or a portion of its power supply from an Alternate Supplier,
acquires all services necessary to support such service, including without
limitation energy imbalance service.
7. SCHEDULING
The Parties shall amend this Agreement as needed if any transmission tariff or
regulatory agency requires or recommends changes that PBL decides to accept,
which PBL determines require power scheduling provisions be made a part of this
Agreement.
8. DELIVERY
(a) Transmission Service for Contracted Power
This Agreement does not provide transmission services for, or include the
delivery of, Contracted Power to Port Angeles. Port Angeles shall be
responsible for executing one or more wheeling agreements with a
transmission supplier for the delivery of Contracted Power (Wheeling
Agreement). The Parties agree to take such actions as may be necessary to
facilitate the delivery of Contracted Power to Port Angeles consistent with
the terms, notice, and the time limits contained in the Wheeling Agreement.
00PB-12054. Port Angeles 6
(b) Liability for Delivery
Port Angeles waives any claims against PBL arising under this Agreement
for nondelivery of power to any points beyond the applicable Points of
Receipt. PBL shall not be liable for any third-party claims related to the
delivery of power after it ]eaves the Points of Receipt. In no event will either
Party be llab]e under this Agreement to the other Party for damage that
results from any sudden, unexpected, changed, or abnormal electrical
condition occurring in or on any electric system, regardless of ownership.
These limitations on liability apply regardless of whether or not this
Agreement provides for transfer service.
(c) Points of Receipt
PBL shall make Contracted Power available to Port Angeles under this
Agreement at Points of Receipt solely for the purpose of scheduling
transmission to points of delivery on Port Angeles's distribution system.
Port Angeles shall schedule, if scheduling is necessary, such Contracted
Power solely for use by its firm retail electric power consumer load. PBL, for
purposes of scheduling transmission for delivery under this Agreement,
specified Points of Receipt in a written notice to Port Angeles prior to
August 1, 2000.
If required by the Wheeling Agreement when PBL designates such Points of
Receipt, PBL will provide capacity amounts for transmission under the
Wheeling Agreement associated with the initial Points of Receipt that cnn be
accepted as firm Points of Receipt under Port Angeles's Wheeling Agreement
(except in the event that all Points of Receipt on the Federal Columbia River
Power System (FCRPS) would be considered nonfirm). The sum of capacity
amounts requested by PBL shall not exceed the amount reasonably
necessary for PBL to provide Contracted Power. Such Points of Receipt and
their capacity amounts may only be changed through mutual agreement.
However, at any time PBL may request the use of nonfirm Points of Receipt
to provide Contracted Power to Port Angeles, but notwithstanding section
8(b) above, PBL shall reimburse Port Angeles for any additional costs
incurred by Port Angeles due to its compliance with such request.
(d) Transmission Losses ~
PBL shall provide Port Angeles the losses between the Points of Receipt and
Port Angeles's distribution system for Contracted Power, at no additional
charge. Losses will be provided at Points of Receipt as established under
section 8(c), and under the terms and conditions as defined in the
transmission provider's tariff.
(e) Points of Measurement Losses
Measured amounts of Contracted Power shall be adjusted to account for
losses, if any, that occur between the points where Contracted Power enters
Port Angeles's system and the respective Points of Measurement.
00PB-12054, Port Angeles 7
(f) Hourly Load Matching
For purposes of this section "Load Matching" means the obligation within the
hour to match generation with Contracted Power. PBL intends to provide
this service under this Agreement. If however PBL is not allowed to provide
Load Matching under this Agreement, PBL may revise this Agreement as
necessary to reflect the need for Port Angeles to arrange and pay for Load
Matching. IfPBL is not allowed to provide Load Matching under this
Agreement, PBL shall provide a credit to Port Angeles under the FPS 1996
Rate Schedule or its successor for the lesser of the actual costs Port Angeles
incurs for Load Matching or Amounts Taken multiplied by the amount per
kWh that PBL projected it would pay for Load Matching in the Wholesale
Power Rate Schedules Port Angeles purchases under.
9. MEASUREMENT
The following requirements apply to this Agreement, except for metering of load ]oat
or gained due to Voluntary or Mandated Retail Access, which is governed by
section 6, Retail Access Implementation.
(a) General
Port Angeles authorizes PBL to use metering data as PBL determines is
necessary to plan, schedule, and bill for power. Port Angeles agrees to
authorize TBL to provide Port Angeles's metering data directly to PBL,
subject to any restrictions imposed by the Federal Energy Regulatory
Commission (FERC). All Points of Measurement are shown in Exhibit E,
Points of Measurement. Port Angeles agrees to provide reasonable notice to
PBL prior to changing Control Areas.
(b) BPA Metering
BPA is responsible for the installation, operation, maintenance, and
replacement of all metering equipment owned by BPA that is needed to plan,
schedule, and bill for power. For BPA-owned meters only, Port Angeles
authorizes PBL to install at PBL expense any metering equipment on Port
Angeles's facilities, that is reasonably necessary to plan, schedule and bill for
power, if PBL or Port Angeles are unable to obtain the information from
TBL. The installation of such metering equipment shall be subject to a
separate agreement between PBL and Port Angeles, addressing the location,
access, maintenance, testing, and liability of the Parties with respect to such
meters.
(c) Port Angeles Metering
(1) General Responsibilities
Port Angeles is responsible for the installation, operation,
maintenance, and replacement of metering equipment (except
metering equipment owned by BPA or a transferring party) that is
needed by PBL to plan, schedule, and bill for power for:
00PB-12054, Port Angeles 8
(Al points of interconnection between Port Angeles's system and
parties other than BPA.
(B) all loads that require separate measurement for purposes of
planning, scheduling, or billing by PBL.
(C) generating resources shown in Exhibit C, Net Requirements,
that are interconnected to Port Angeles's system.
All metering equipment shall meet standards generally accepted by
the electric utility industry in the Region for the particular metering
application.
(2) Existing Metering
Metering equipment existing at the time of execution of this
Agreement may continue to be used indefinitely, provided it records
data hourly and is reported to BPA each month. Metering equipment
which does not record hourly may continue to be used in instances
when PBL does not need hourly data to plan, schedule, or bill.
(3) New Meters
Any metering equipment described in subsection 9(c)(I) that is
replaced, upgraded, or newly installed shall allow PBL complete
electronic access to metering data. Electronic access is the capability
for data polling and extraction via PBL's system software as
frequently as needed to plan, schedule, and bill for power. Such
meters shall record hourly and enable PBL to extract meter data for a
minimum of the previous 45 days. In addition to the general
requirements of (1), above, new meters shall meet PBL's published
metering standards then in effect for such application.
(4) Exceptions
When the Parties agree metering is economically or technologically
impractical, mutually acceptable load profiles may be used instead of
metered amounts. Where power amounts are scheduled in or out of
the Port Angeles's service territory, scheduled amounts shall be used,
if appropriate, to determine the amount of Contracted Power
delivered.
10, BILLING AND PAYMENT
(al Billing
PBL shall bill Port Angeles monthly, consistent with applicable BPA rates,
including the GRSPs and the provisions of this Agreement for the Amounts
Taken, payments pursuant to section 5, and other services provided to Port
Angeles in the preceding month or months under this Agreement. PBL may
send Port Angeles an estimated bill followed by a final bill PBL shall send
all bills on the bill's issue date either electronically or by mail, at Port
00PB-12054, Port Angeles 9
Angeles's option. If electronic transmittal of the entire bill is not practical,
PBL shah transmit s summary electronically, and send the entire bill by
mail.
(b) Payment
Payment of all bills, whether estimated or fins], must be received by the
20th day after the issue date of the bill (Due Date). If the 20th day is a
Saturday, Sunday, or Federal holiday, the Due Date is the next business day.
If payment has been made on an estimated bill before receipt of a final bill
for the same month, Port Angeles shall pay only the amount by which the
final bill exceeds the payment made for the estimated bill. PBL shall provide
Port Angeles the amounts by which an estimated bill exceeds a final bill
through either a check or as a credit on the subsequent month's bill. After
the Due Date, a late payment charge shall be applied each day to any unpaid
balance. The late payment charge is calculated by dividing the Prime Rate
for Large Banks as reported in the Wall Street ,Journal, plus 4 percent; by
365. The applicable Prime Rate for Large Banks shall be the rate reported
on the first day of the month in which payment is received. Port Angeles
shall pay by electronic funds transfer using BPA's established procedures.
PBL may terminate this Agreement if Port Angeles is more than three
months behind in paying its bills under this Agreement and Port Angeles
cannot demonstrate an ability to make the payments owed.
(c) Disputed Bills
In case of a billing dispute, Port Angeles shall note the disputed amount and
pay its bill in full by the Due Date. Unpaid bills (including both disputed
and undisputed amounts) are subject to late payment charges provided
above. If Port Angeles is entitled to a refund of any portion of the disputed
amount, then BPA shall make such refund with simple interest computed
from the date of receipt of the disputed payment to the date the refund is
made. The daily interest rate used to determine the interest is calculated by
dividing the Prime Rate for Large Banks as reported in the Wall Street
Journal; by 365. The applicable Prime Rate for Large Banks shall be the
rate reported on the first day of the month in which payment is received by
BPA.
00PB-12054, Port Angeles 10
11. NOTICES
Any notice required under this Agreement shall be in writing and shall be delivered:
(a) in person; (b) by a nationally recognized delivery service; or (c) by United States
Certified Mail. Notices are effective when received. Either Party may change its
address for notices by giving notice of such change consistent with this section.
If to Port Angeles: If to PBL:
Port Angeles City Light Bonneville Power Administration
PO Box 1150 P.O. Box 3621
Port Angeles WA 98362-0217 Portland, OR 97208-3621
Attn: Scott McLain Attn: Charles W. Forman, Jr~ - PSW/6
Deputy Director of Power Account Executive
Systems Phone: 503-230-3432
Phone: 360-317-4703 FAX: 503-230-3544
FAX: 360-417-4709 E-Mail: cformanjr~bpa.gov
E-Mail: palight~ci.port-ange]es:wa.us
12. COST RECOVERY
(a) Nothing included in or omitted from this Agreement creates or extinguishes
any right or obligation, if any, of BPA to assess against Port Angeles and
Port Angeles to pay to BPA at any time a cost underrecovery charge
pursuant to an applicable transmission rate schedule or otherwise applicable
law.
(b) BPA may adjust the rates for Contracted Power set forth in the applicable
power rate schedule during the term of this Agreement pursuant to the Cost
Recovery Adjustment Clause in the 2002 GRSPs, or successor GRSPs.
13. UNCONTROLLABLE FORCES
PBL shall not be in breach of its obligation to provide Contracted Power and Port
Angeles shall not be in breach of its obligation to purchase Contracted Power to the
extent the failure to fulfill that obligation is due to an Uncontrollable Force.
"Uncontrollable Force" means an event beyond the reasonable control of, and
without the fault or negligence of, the Party claiming the Uncontrollable Force that
impairs that Party's ability to perform its contractual obligations under this
Agreement and which, by exercise of that Party's reasonable diligence and foresight,
such Party could not be expected to avoid and was unable to avoid. Uncontrollable
Forces include, but are not limited to:
(a) any unplanned curtailment or interruption for any reason of ~irm
transmission used to deliver Contracted Power to Port Angeles's facilities or
distribution system, including but not limited to unplanned maintenance
butages;
00PB-12054, Port Angeles 11
(b) any unplanned curtailment or interruption, failure or imminent failure of
Port Angeles's distribution facilities, including but not limited to unplanned
maintenance outages;
(c) any planned transmission or distribution outage that affects either Port
Angeles or PBL which was provided by a third-party transmission or
distribution owner, or by a transmission provider, including TBL, that is
functionally separated from the generation provider in conformance with
FERC Orders 888 and 889 or its successors;
(d) strikes or work stoppage, including the threat of imminent strikes or work
stoppage;
(e) floods, earthquakes, or other natural disasters; and
(f) orders or injunctions issued by any court having competent subject matter
jurisdiction, or any order of an administrative officer which the Party
claiming the Uncontrollable Force, after diligent efforts, was unable to have
stayed, suspended, or set aside pending review by a court of competent
subject matter jurisdiction.
Neither the unavailability of funds or financing, nor conditions of national or local
economies or markets shall be considered an Uncontrollable Force. The economic
hardship of either Party shall not constitute an Uncontrollable Force. Nothing
contained in this provision shall be construed to require either Party to settle any
strike or labor dispute in which it may be involved.
The Party claiming the Uncontrollable Force shall notify the other Party as soon as
practicable of that Party's inability to meet its obligations under this Agreement due
to an Uncontrollable Force. The Party claiming the Uncontrollable Force also
agrees to notify any control area involved in the scheduling of a transaction which
may be curtailed due to an Uncontrollable Force.
Both Parties shall be excused from their respective obligations, other than from
payment obligations incurred prior to the Uncontrollable Force, without liability to
the other, for the duration of the Uncontrollable Force and the period reasonably
required for the Party claiming the Uncontrollable Force, using due diligence, to
restore its operations to conditions existing prior to the occurrence of the
Uncontrollable Force.
14. GOVERNING LAW AND DISPUTE RESOLUTION
(a) This Agreement shall be interpreted consistent with and governed by
Federal law. Final actions subject to section 9(e) of the Northwest Power Act
are not subject to binding arbitration and shall remain within the exclusive
jurisdiction of the United States Ninth Circuit Court of Appeals. Any
dispute regarding any rights of the Parties under any BPA policy, including
the implementation of such policy, shall not be subject to arbitration under
00PB-12054, Port Angeles 12
this Agreement. Port Angeles reserves the right to seek judicial resolution of
any dispute arising under this Agreement that is not subject to arbitration
under this section 14. For purposes of this section 14 BPA policy means any
written document adopted by BPA as a final action in a decision record or
record of decision that establishes a policy of general application, or makes a
determination under an applicable statute. If either Party asserts that a
dispute is excluded from arbitration under this section 14, either Party may
apply to the Federal court having jurisdiction for an order determining
whether such dispute is subject to arbitration under this section 14.
(b) Any contract dispute or contract issue between the Parties arising out of this
Agreement, except for disputes that are excluded through section 14(a)
above, shall be subject to binding arbitration. The Parties shall make a good
faith effort to resolve such disputes before initiating arbitration proceedings.
During arbitration, the Parties shall continue performance under this
Agreement pending resolution of the dispute, unless to do so would be
impossible or impracticable.
(c) Any arbitration shall take place in Portland, Oregon, unless the Parties
agree otherwise. The CPR Institute for Dispute Resolution's arbitration
procedures for commercial arbitration, Non-Administered Arbitration Rules
(CPR Rules), shall be used for each dispute; provided, however, that:
(1) the Parties shall have the discovery rights provided in the Federal Rules
of Civil Procedure unless the Parties agree otherwise; and (2) for claims of
$1 million or more, each arbitration shall be conducted by a panel of three
neutral arbitrators. The Parties shall select the arbitrators from a list
containing the names of 15 qualified individuals supplied by the CPR
Institute for Dispute Resolution. If the Parties cannot agree upon three
arbitrators on the list within 20 business days, the Parties shall take turns
striking names from the list of proposed arbitrators. The Party initiating the
arbitration shall take the first strike. This process shall be repeated until
three arbitrators remain on the list, and those individuals shah be
designated as the arbitrators. For disputes involving less than $1 million, a
single neutral arbitrator shall be selected consistent with section 6 of the
CPR Rules.
(d) Except for arbitration awards which declare the rights and duties of the
Parties under this Agreement, the payment of monies shall be the exclusive
remedy available in any arbitration proceeding. Under no circumstances
shall specific performance be an available remedy against BPA. The
arbitration award shall be final and binding on both Parties, except that
either Party may seek judicial review based upon any of the grounds referred
to in the Federal Arbitration Act, 9 U.S.C. §1-16 (1988). Judgment upon the
award rendered by the arbitrators may be entered by any court having
jurisdiction thereof.
(e) Each Party shall be responsible for its own costs of arbitration, including
legal fees. The arbitrators may apportion all other costs of arbitration
00PB-12054, Port Angeles 13
between the Parties in such manner as they deem reasonable taking into
account the circumstances of the case, the conduct of the Parties during the
proceeding, and the result or,he arbitration.
15. STATUTORY PROVISIONS
(al Annual Financial Report and Retail Rate Schedules
Port Angeles shall provide PBL with a current copy of its annual financial
report and its retail rate schedules, as required by Section 5(al of the
Bonneville Project Act, P.L. 75-329.
(b) Insufficiency and Allocations
If BPA determines, consistent with section 5(b) of the Northwest Power Act
and other applicable statutes, that it will not have sufficient resources on a
planning basis to serve its ]oads after taking all actions required by
applicable laws then BPA shall give Port Angeles a written notice that BPA
may restrict service. Such notice shall be consistent with BPA's insufficiency
and allocations methodo]ogy, published in the Federal Register on March 20,
1996, and shall state the effective date of the restriction, the amount of Port
Angelee's load to be restricted, and the expected duration of the restriction.
BPA shall not change that methodology without the written agreement of all
affected customers. Such restriction shah take effect no sooner than five
years after notice is given to Port Angeles. IfBPA imposes a restriction
under this provision then the amount of Contracted Power that Port Angeles
is obligated to purchase pursuant to section 4 shall be reduced to the
amounts available under such restricted service.
(c) New Large Single Loads
(1) General
All existing NLSLs are listed in section 5 of Exhibit A, Rate
Commitments. Port Angeles shall provide reasonable notice to PBL of
any expected increase in load that is likely to qualify as a new NLSL.
Port Angeles may either serve a NLSL with Contracted Power or with
power from another source. For purposes of this section (c),
"Consumer" means an end-user of electric power or energy~
(2) Determination ora Facility
PBL, in consultation with Port Angeles, shall make a reasonable
determination of what constitutes a single facility, for the purpose of
identifying a NLSL, based upon the following criteria:
(Al whether the load is operated by a single Consumer;
(B) whether the load is in a single location;
(C) whether the load serves a manufacturing process which
produces a single product or type of product;
00PB-12054, Port Angeles 14
(D) whether separable portions of the load are interdependent;
(E) whether the load is contracted for, served or billed as a single
load under Port Angeles's customary billing and service policy;
(F) consistent application of the foregoing criteria in similar fact
situations; and
(G) any other factors the Parties determine to be relevant.
PBL shall show an increase in load associated with a Consumer's
facility which has been determined to be a NLSL in section 5 of
Exhibit A, Rate Commitments. PBL shall have the unilateral right to
amend Exhibit A to reflect such determinations when made.
(3) Deterrrdnation often Average Megawatt Increase
An increase in load shall be considered a NLSL if the energy
consumption of the Consumer's load associated with a new facility, an
existing facility, or expansion of an existing facility during the
immediately past 12-month period exceeds by 10 average megawatts
or more the Consumer's energy consumption for such new facility,
existing facility or expansion of an existing facility for the consecutive
12-month period one year earlier, or the amount of the contracted for,
or committed to load of the Consumer as of September 1, 1979,
whichever is greater.
(4) CF/CT Loads
Port Angeles has no loads that were contracted for, or committed to,
as of September 1, 1979, as defined in section 3(13)(A) of the
Northwest Power Act.
(d) Priority of Pacific Northwest Customers
The provisions of sections 9(c) and (d) of the Northwest Power Act and the
provisions of P.L. 88-552 as amended by the Northwest Power Act are
incorporated into this Agreement by reference. BPA~ agrees that Port
Angeles, together with other customers in the Region shah have priority to
BPA power, consistent with such provisions.
(e) Prohibition on Resale
Port Angeles shall not resell PF or NR Contracted Power except to serve Port
Angeles's Total Retail Load or as otherwise permitted by Federal law.
(f) Use of Regional Resources
(1) Within 60 days prior to the start of each Contract Year, Port Angeles
shall notify PBL of any firm power from a generating resource, or a
contract resource during its term, that has been used to serve firm
00PB-12054, Port Angeles 15
consumer load in the Region that Port Angeles plans to export for sale
outside the Region in the next Contract Year. PBL may during such
Contract Year request additional information on Port Angeles
resources if PBL has information that Port Angeles may have made
such an export and not notified PBL. PBL may request and Port
Angeles shall provide within 30 days of such request, information on
the planned use of any or all of Port Angeles's generating and
contractual resources.
(2) Port Angeles shall be responsible for monitoring any firm power from
generating resources and contract resources it sells in the Region to
ensure such firm power is delivered to be used to serve firm consumer
load in the Region.
(3) If Port Angeles fails to report to PBL in accordance with section (1),
above, any of its planned exports for sale outside the Region of firm
power from a generating resource or a contract resource that has been
used to serve firm consumer load in the Region, and FBL makes a
finding that an export which was not reported was made, then PBL
may terminate this Agreement upon 30 days written notice to Port
Angeles. IfPBL concludes that the failure to report is inadvertent
and unlikely to reoccur PBL shall not terminate this Agreement and
may instead elect to decrement the amount of Contracted Power by up
to two times the amount of the export that was not reported. When
applicable such decrements shall be established consistent with
section 4(c) of Exhibit C.
(4) For purposes of this section, an export for sale outside the Region
means a contract for the sale or disposition of firm power from a
generating resource, or a contract resource during its term, that has
been used to serve firm consumer load in the Region in a manner that
such output is not planned to be used solely to serve firm consumer
load in the Region. Delivery of firm power outside the Region under a
seasonal exchange agreement that is made consistent with BPA's
section 9(c) policy will not be considered an export. Firm power from
:~: a generating resource or contract resource used to serve firm
consumer load in the Region means the firm generating or load
carrying capability of a generating resource or contract resource as
established under Pacific Northwest Coordination Agreement
resource planning criteria, or other resource planning criteria
generally used for such purposes within the Region.
(g) BPA Appropriations Refinancing Act
The Parties agree that the BPA Refinancing Section of the Omnibus
Consolidated Recisions and Appropriations Act of 1996 (The BPA
Refinancing Act), P.L. No. 104-134, 110 Stat. 1321, 1350, as stated in the
United States Code on the date this Agreement is signed by the Parties, is
incorporated by reference and is a material term of this Agreement. The
00PB-12054, Port Angeles 16
Parties agree that this provision and the incorporated text shah be included
in subsequent agreements between the Parties, as a material term through
at least September 30, 2011.
16. STANDARD PROVISIONS
(a) Amendments
No oral or written amendment, rescission, waiver, modification, or ether
change of this Agreement shall be of any force or effect unless set forth in a
written instrument signed by authorized representatives of each Party.
(b) Assignment
This Agreement is binding on any successors and assigns of the Parties.
BPA may assign this Agreement to another Federal agency to which BPA's
statutory duties have been transferred. Neither Party may otherwise
transfer or assign this Agreement, in whole or in part, witliout the other
Party's written consent. Such consent shall not be unreasonably withheld.
BPA shall consider any request for assignment consistent with applicable
BPA Statutes. Port Angeles may not transfer or assign this Agreement to
any of its retail customers.
(c) Information Exchange and Confidentiality
The Parties shall provide each other with any information that is reasonably
required, and requested by either Party in writing, to operate under and
administer this Agreement, including load forecasts for planning purposes,
information needed to resolve billing disputes, scheduling and metering
information reasonably necessary to prepare power bills that is not otherwise
available to the requesting Party. Such information shall be provided in a
timely manner. Information may be exchanged by any means agreed to by
the Parties. If such information is subject to a privi]ege of confidentiality, a
confidentiality agreement or statutory restriction under state or Federal law
on its disclosure by a Party to this Agreement, then that Party shah
endeavor to obtain whatever consents, releases, or agreements are necessary
from the person ho]ding the privilege to provide such information while
asserting the confidentiality over the information. Information provided to
BPA which is subject to a privilege of confidentiality or nondisclosure shall;
be clearly marked as such and BPA shall not disclose such information
without obtaining the consent of the person or Party asserting the privilege,
consistent with BPA's obligation under the Freedom of Information Act.
BPA may use such information as necessary to provide service or timely bill
for service under this Agreement. BPA shall only disclose information
received under this provision to BPA employees who need the information for
purposes of this Agreement.
(d) Entire Agreement
This Agreement, including all provisions, exhibits incorporated as part of
this Agreement, and documents incorporated by reference, constitutes the
entire agreement between the Parties. It supersedes all previous
00PB- 12054, Port AngeJes 17
communications, representations, or contracts, either written or oral, which
purport to describe or embody the subject matter of this Agreement.
(e) Exhibits
The exhibits listed in the table of contents are incorporated into this
Agreement by reference. The exhibits may only be revised upon mutual
agreement between the Parties unless otherwise specified in the exhibits.
The body of this Agreement shall prevail over the exhibits to this Agreement
in the event of a conflict.
(f) No Third-Party Beneficiaries
This Agreement is made and entered into for the sole protection and legal
benefit of the Parties, and no other person shall be a direct or indirect legal
beneficiary of, or have any direct or indirect cause of action or claim in
connection with this Agreement.
(g) Waivers
Any waiver at any time by either Party to this Agreement of its rights with
respect to any default or any other matter arising in connection with this
Agreement shah not be considered a waiver with respect to any subsequent
default or matter.
(h) BPA Policies
Any reference in this Agreement to BPA policies, including without
limitation BPA's NLSL Policy and the 5(b)/9(c) Policy, and any revisions
thereto, does not constitute agreement by Port Angeles to such pohcy, nor
shall it be construed to be a waiver of the right of Port Angeles to seek
judicial review of any such policy.
(i) Severability
If any term of this Agreement is found to be invalid by a court of competent
jurisdiction then such term shall remain in force to the maximum extent
permitted by law. All other terms shall remain in force unless that term is
determined not to be severable from all other provisions of this Agreement by
such court.
(j) Rate Covenant
Port Angeles agrees that it will establish, maintain, and collect rates or
charges for power and energy and other services, facilities and commodities
sold, furnished or supplied by it through any of its electric utility properties
which shall be adequate to provide revenues sufficient to enable Port Angeles
to make the payments required under this Agreement.
(k) Hold Harmless
Each Party assumes all liability for injury or damage to persons or property
arising from the act or negligence of its own employees, agents, members of
governing bodies, or contractors. Each Party shall indemnify and hold the
other Party harmless from any liability arising from such act or negligence.
00PB-12054, Port Angeles 18
17. TERMINATION
Port Angeles may terminate this Agreement through a written notice up to 30 days
after FERC grants interim approval for BPA's wholesale power rates that are
effective October 1, 2001. In addition, Port Angeles shall have the right to
terminate this Agreement if all of the following conditions have been satisfied:
(a) Any rates adopted in WP-02 Final Rate Proposal, Administrator's Final
Record of Decision are remanded to BPA for reconsideration by FERC or the
Ninth Circuit Court of Appeals.
(b) As a result of the remand, the Administrator publishes a subsequent Final
Record of Decision which, if confirmed, would result in Port Angeles being
subject to a higher average effective power rate for the period beginning the
first day of the billing period immediately following the effective date of new
rates contained in the subsequent Final Record of Decision and ending on
September 30, 2006.
(c) Port Angeles has provided written notice to BPA of its intent to terminate
this Agreement within 30 days of publication of the subsequent Final Record
of Decision.
Termination shall be effective at the start of the second billing period following the
termination notice.
18, SIGNATURES
The signatories represent that they are authorized to enter into this Agreement on
behalf of the party for whom they sign.
PORT ANGELES CITY LIGHT UNITED STATES OF AMERICA
Department of Energy
Bonneville Power Administration
By By
Account Executive
Name Name Charles W. Forman, Jr.
(Print/~ype) (Print/Type)
Title Date
Date
(PBLLAN-PSW/6-W:\PSWXPM\ll_16\Port AngelesN00PB-12054 10 FS.doc) 09/29/00
00PB-12054, Port Angeles 19
Exhibit A
RATE COMMITMENTS
1. DEFINITIONS
(al "5-Year Rates" means the Lowest PF Rates established in the
2002 Wholesale Power Rate Case for Contract Years 2002 through 2006.
(b) "Lowest PF Rates" means the lowest applicable cost-based power rates
provided under the applicable PF rate schedule as applied to Port Angeles's
Contracted Power purchases under this Agreement. The Lowest PF Rates
shall be selected by Port Angeles from the PF rates that are available and
from which the Parties agree Port Angeles is eligible to purchase under at
the time Port Angeles makes its selection as specified Jn this exhibit.
2. PURCHASE DURATION
Port Angeles shall purchase all of the power provided in section 4 of the body of this
Agreement for the entire term of this Agreement.
3. PRIORITY FIRM PO'6rER RATE TREATMENT
(al Right to Lowest PF Rates
Port Angeles is contractually guaranteed through September 30, 2011 the
Lowest PF Rates established in a successor BPA power rates proceeding for
its PF Contracted Power purchases under this Agreement. This section shall
not be construed to waive, alter, or amend any right that Port Angeles may
have under applicable statutes.
(b) Revisions to Priority Firm Power Rates
BPA agrees that the 5-Year Rates available to Port Angeles consistent with
this exhibit shall not be subject to revision during their respective terms,
except for the application of a Cost Recovery Adjustment Clause or a
Targeted Adjustment Charge as provided in the PF applicable rates
schedules and GRSPs and this Agreement.
(c) ' 5-Year Rates Treatment
All Contracted Power purchases provided under section 4 of the body of this
Agreement are subject to the 5-Year Rates. The monthly energy rates for
Contracted Power are specified in sections II.B3 in the section labeled
"Schedule PF-02 Priority Firm Power" in the 2002 Power Rate Schedules.
Port Angeles must select a follow-on rate period and associated rates from
those offered by BPA, and notify PBL of its selection, by the later of:
(l) six months prior to the expiration of the 5-Year Rates; or
(2) thirty (30) days after the date BPA's initial proposal for successor
rates is published.
00PB-12054, Port Angeles 1 of 3
Exhibit A, Rate Commitments
Otherwise the follow-on rate period and associated rates shall be the shortest
rate period and associated rates that are applicable to Port Angeles.
4. SPECIAL PF LOAD TREATMENT
(a) Annexed Loads
Port Angeles may make a written request for service to Annexed Loads,
including a planned date for such service. Annexed Load amounts that were
served by PBL under section 5(b) of the Northwest Power Act immediately
prior to becoming an Annexed Load will be provided service under rates,
terms, and conditions that, within the constraints of BPA's applicable
policies, are as comparable as possible to what such Annexed Load would
have received if the load had not become an Annexed Load. The Parties shall
revise this exhibit within 180 days of the request, to establish the rates,
terms and conditions for the requested service and to include monthly HLH
and LLH MWs in a table be]ow. The table shall identify whether the
amounts in the table are deemed to be actual for billing purposes or whether
the table is an estimate with bills based on metered amounts.
(b) Environmentally Preferred Power
Port Angeles may request Environmentally Preferred Power. If available,
the Parties shall amend this Agreement to include necessary provisions as
mutually agreed.
(c) Returned Retail Load
Port Angeles may request service from PBL to serve Returned Retail Load.
The Parties shall revise this exhibit to establish monthly HLH and LLI-I
MWs for such service in a table below. The table shall identify whether the
amounts in the table are deemed to be actual for billing purposes or whether
the table is an estimate with bills based on metered amonnts. PBL shall
provide service within 180 days of the request at rates BPA has established
or establishes as applicable to such loads. The rate treatment for such loads
shall continue through Contract Year 2006. Rate treatment after Contract
Year 2006 shall be determined in a future rate case.
(d) Load Previously Served By Port Angeles Northwest Power Act
Sections 5(b)(1)(A) and/or 5(b)(1)(B) Resources
Port Angeles may request service from PBL to serve load that would
otherwise be served by Port Angeles's Northwest Power Act
sections 5Co)(1)(A) resources and 5(b)(1)(B) generating resources and
long-term contract resources that are removed consistent with section 4(d) of
Exhibit C, Net Requirements. The Parties shall revise this exhibit to
establish monthly HLH and LLH MWs for such service in a table below. The
amounts are deemed to be actual for billing purposes. PBL shall provide
service within 180 days of the request at rates BPA has established or
establishes as applicable to such loads. The rate treatment for such loads
00PB-12054, Port Angeles 2 of 3
Exhibit A, Rate Commitments
shall continue through Contract Year 2006. Rate treatment after
Contract Year 2006 shall be determined in a future rate case.
5. NEW LARGE SINGLE LOADS
(a) Port Angeles has no existing NLSL.
(b) Port Angeles may request service to a NLSL. The Parties shall revise this exhibit to
establish estimated monthly HLH and LLH MWh for such service in a table below.
If Port Angeles chooses to serve the NLSL with a resource the resource shall be
added consistent with section 4(t) of Exhibit C, Net Requirements. The total
amount subtracted from Total Retail Load in section 4 of the body of this Agreement
shall be the metered amount of the load. The same metered amount shall be used
by PBL for billing purposes when PBL serves the entire NLSL.
6. REVISIONS
If this exhibit is inconsistent with BPA's 2002 PF Power Rate Schedule as finally
approved by FERC, the Parties shall make a good faith effort to amend this exhibit
so that it is consistent.
The Parties shall update this exhibit to reflect necessary changes to establish new
rate choices consistent with the applicable future rate cases. This shall be done by
mutual agreement except as allowed in section 3 of this exhibit.
(PBLLAN.pSW/6-W:\PSW\PM\ll_16\Port Angeles\00PB-12054 10 FS.doc) 09/29/00
00PB-12054, Port Angeles 3 of ~
Exhibit A, Rate Commitments
Exhibit B
BILLING
1. PRIORITY FIRM POWER ENTITLEMENTS
(a) The amount of Contracted Power in MWh which is established through
section 4 of the body of this Agreement during each applicable Diurnal period
establishes Port Angeles's Monthly PF HLH and LLH Energy Entitlements.
(b) The amount of Contracted Power in MW which is estabhshed through
section 4 of the body of this Agreement that is made available on Generation
System Peak is Port Angeles's Measured Demand.
2. NEW RESOURCE CONTRACTED POWER ENTITLEMENTS
(a) The amount of energy served by PBL under section 5 of Exhibit A, Rate
Commitments during each applicable Diurnal period establishes Port
Angeles's Monthly NR HLH and LLH Energy Entitlements.
(b) The amount of demand served by PBL under section 5 of Exhibit A, Rate
Commitments that is made available on Generation System Peak is Port
Angeles's Measured Demand.
3. UNAUTHORIZED INCREASE CHARGE
Amounts Taken from PBL in excess of Contracted Power shall be subject to the
Unauthorized Increase Charge for demand and energy consistent with the
applicable BPA Wholesale Power Rate Schedules and GRSPs, unless such power is
provided under another contract with PBL. Power that has been provided for
energy imbalance service pursuant to an agreement between TBL and Port Angeles
will not be subject to an Unauthorized Increase Charge for Demand and Energy
under this Agreement.
4. CONSERVATION AND RENEWABLES DISCOUNT
Subject to the terms specified in BPA's applicable Wholesale Power Rate Schedules,
including GRSPs, BPA shall apply the Conservation and Renewables Discount to
Port Angeles's Contracted Power as established i~ section 4 of the body of this
Agreement unless Port Angeles has notified PBL before August 2001 that it will not
participate in the Conservation and Renewables Discount. For purposes of
establishing power amounts eligible for this discount, Port Angeles shall provide
PBL a reasonable forecast of such firm power amounts through Contract Year 2006
by no later than August 1, 2001.
If during any Contract Year, Port Angeles has significant load loss or gain, the
Parties may, by no later than August 31 prior to the succeeding Contract Year,
revise the forecast used to calculate the Conservation and Renewables Discount. If
the revised forecast is less than 95 percent of, or greater than 105 percent of, the
forecast used to calculate the existing Conservation and Renewables Discount, the
00PB-12054, Port Angeles
Exhibit B, Billing 1 of 2
revised forecast shall be used to recalculate the Conservation and Renewables
Discount for the succeeding Contract Years.
To retain the full amount of the Conservation and Renewables Discount Port
Angeles shall satisfy all obligations associated with the Conservation and
Renewables Discount as specified in BPA's applicable Wholesale Power Rate
Schedules, including GRSPs and the Conservation and Renewables Discount
implementation manual. Port Angeles shall reimburse BPA for any amount it
received but for which it did not satisfy such obligations.
5. REVISIONS
If this exhibit is inconsistent with BPA's 2002 PF Power Rate Schedule as finally
approved by FERC, the Parties shall make a good faith effort to amend this exhibit
so that it is consistent.
(PBLLAN-PSW/6-W:\PSW\PM\II_16\Port Angeles\00PB-12054 10 FS.doc) 09/29/00
00PB- 12054, Port Angeles 2 of 2
Exhibit B, Billing
Exhibit C
NET REQUIREMENTS
1. ESTABLISHING NET REQUIREMENT
Port Angeles's net requirement is its Total Retail Load less both the resource
amounts, if any, established in section 2(d) of this exhibit and the metered amounts
of known non-Port Angeles resources, if any, established in section 3 of this exhibit.
Except for modifications allowed in section 4 of this exhibit these resource amounts
are not allowed to change during the term of this Agreement.
2. CUSTOMER RESOURCES
Except when explicitly stated otherwise, the amounts listed in the tables in this
section are only for determining Port Angeles's net requirement under this
Agreement and do not imply any specific resource operation, nor are the amounts
intended to interfere with Port Angeles's decisions on how to operate its specific
(a) Non-Dispatchable Resources Committed to Load
Port Angeles commits all of the output from the following resources to serve
Total Retail Load. The output of each resource is measured at the applicable
Points of Measurement listed in Exhibit E, Points of Measurement.
None.
(b) Declared Output of Specific Port Angeles Resources
Port Angeles commits the firm output from the following resources (or an
equivalent amount from another source) to serve its Total Retail Load.
(1) Columbia Storage Power & Exchange (CSPE)
The following data applies to this resource.
2002
HLH (MWh) 393 380 393 393 355 393 303 314 304 314 315 357
LLH (MWh) 0 0 0 0 0 0 0 0 0 0 0 0
Peak (M~ 0.9 0.9 0.9 0.9 0,9 0.9 0.8 0.8 0.8 0.8 0.8 0.8
2003
ToCa! (MWh) 370 357 369 369 334 369 0 0 0 0 0 0
HLH(MWh) 370 357 369 I 369 I 334 I369 I0 [0 [0 [ 0 0
LLH (MWh) 0 0 0 0 ] 0 0 0 ]0 0 0 0
Peak (MW) 0.8 0.8 0.8 0.8 0.8 0.8 0.0 0.0 0.0 0,0 0,0 0.0
2004
~o~a~ ~Vh~ I 0 I0 I 0 I 0 I 0 I O I 0 I 0 I 0 ( 0 I 0
00PB-12054, Port Angeles .1 of 5
Exhibit C, Net Requirements
HLH (MV~h) 0 0 0 0 0 0 0 0 0 0 0 0
LLH (M%Vh) 0 0 0 0 0 0 0 0 0 0 0 ] 0
Peak (MV/) 0.0 0.0 0.0 0.0 0.0 0.0 0,0 0.0 0.0 0.0 0,0 0.0
2005
Total~mV~) o o o ] o ] o o o o o 0 o o
HL~(~Vh) 0 0 0 ] 0 } 0 0 0 0 0 0 0 0
P~u~ o,o I O,o i o,o { o~o } o.o { o~o I o.o { o.o I o.o { o.o I o,o { o.o
2006
Total (~) 0 0 0 0 0 0 0 0 0 0 0 [ 0
HLH (~) 0 . 0 0 0 0 0 0 0 0 0 0 0
LLH (~) 0 0 0 0 0 0 0 0 0 ] 0 ] 0 0
Peak (~ 0.0 0.0 0.0 0.0 ] 0.0 0.0 0,0 0,0 0~0 0.0 0.0
(2) Market purchase.
The following data app~es to this resource.
(Avista~
ContractYear] Oct ] Nov [ Dec ] Jan ] Feb ~ Mar ] Apr ] May [ Jun ] J.l ~ A.g ] Sept
2002
HLH (~) 5,184 4,992 4,992 5,616 4,608 4,992 4,160 4,320 3,~00 4,320 4,752 4,400
LLH (~) 3,756 3,648 3,936 4,056 3,45fi 3,936 3,030 3,120 2,880 3,120 3,432 [ 3,520
Peak (~ 12.0 12.0 12.0 13.0 12.0 12.0 10.0 10.0 9.0 10.0 11.0 11.0
2003
HLH (~) 5,184 4,992 4,992 [ 5,616 4,608 4,992 4,160 4,320 3,600 4,320 ] 4,576 ] 4,576
LLH (~) 3~756 9~648 3~936 4,05~ 3,45~ 3,936 3,030 3~]20 2,880 3,120 3,608 3,3~4
Peak (~ 12.0 12.0 12.0 13.0 12.0 12.0 10.0 10.0 9.0 10.0 11.0 11.0
2004
HLH (~) 0 0 0 0 0 0 0 0 0 0 0 0
LLH (~) 0 0 0 0 0 0 0 0 ' 0 0 0 0
Peak (~ 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
2005 '
Peak (~ 0.0 0.0 0.0 0.0 '0.0 0.0 0.0 0~0
2006
.L~ o o~o~o[ o~ o [ o ] o ~ o ]oI o ] o
~.,~ o o o o o oI o { o } o {o o lo
Peak (~ 0.0 0.0 0.0 0.0 0.0 0.0 ' 0.0 0.0 0.0 0.0 0.0 0,0
00PB-12054, Port Angeles 2 of 5
Exhibit C, Net Requirements
(c) Unspecified Resource Amounts Committed to Serve Total Retail
Load
Port Angeles currently has no unspecified resources committed to serve its
Total Retail Load and may only add such resources pursuant to sections 4(b),
4(c), and 4(f) below.
(d) Total Resource Amounts ComrnJtted to Serve Total Retail Load
In addition to the any non-dispatchable resources established in 2(a) above,
Port Angeles commits each hour to provide the total resource amounts
committed in sections 2Co) and 2(c). The amount based on these resource
declarations that Port Angeles commits to provide each hour is shown in the
table below. These amounts shall be updated whenever sections 2(b) or 2(c)
above are modified, consistent with section 4 of this exhibit.
Contract Yearl :t I Nov Dec I Jan I Feb I Mar I Apr I May I Jun I Jul I Aug [ Sept
2002
Total (MWh) ~ 33 I 9,020 I 9,321 10,065 8,419 9,321 7,493 7,754 6,784 7,754 8,499 8,277
HLH (MYsrh) 77 I 5,372 I 5'385 I 6,009 I 4,963 I 5,385 I 4,463 I 4'634 I 3'904 I 4,634 I 5,067 I 4,757
LLH (M~Vh) 56 I 3,648 I 3,936 I 4,056 I 3,456 { 3,936 I 3,030 I 3,~20 { 2,880 I 3,120 I 3,432 { 3,320
reak(~ .9 I 12.9 I 12.9 I 13.9 I 12.9 I 12.9 I 10.8 I 10.8 I 9.8 I 10.8 I
2003
Peak{MW) 12.8 ~ 12.8 ~ 12.8 ~ 13.8 12.8 12.8 10.0 10.0 9.0 10.0 11.0 11.0
2004
Total (B~vV~) 0 0 0 0 0 0 0 0 0 0 0 0
~L~)I ° I° I o io Io I o I o I o I o I o I o I o
LL~W)I o I o I o I o I ooI o I o I oI o I o I o
r,,~w)I o.oI o.o I o.o / o.o I 0.oo.o I o.o I 0.o Io.o { 0.0 I 0.0 { o.o
2005
Total (MVWn) 0 0 0 0 I 0 0 "0 0 [ 0 [ 0 [ 0
HLH (MWh) 0 0 0 0 0 I 0 I 0 [ 0 0 0 0 0
LL.<~.v~) o o oioIo o oIoI°1oIo o
Peak (MW) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
2006
Total (MWh) 0 0 0 0 0 0 0 0 0 0 0 0
~L~m o o o o lo l0 o o lo io lo
LLH (M'vVh) 0 0 0 0 0 0 0 0 0 0 0 0
Peak (M~V) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
(e) Port Angeles Resource Not Used To Serve Total Retail Load
None.
3. NON-PORT ANGELES GENERATING RESOURCES
Known non-Port Angeles resources, if any, greater than 1 MW that provide power to
serve Port Angeles's Total Retail Load or such resources that otherwise connect to
Port Angeles's distribution system are listed below. The power amounts are
measured at the Points of Measurement established for each resource in Exhibit E,
Points of Measurement.
00PB-12054, Port Angeles 3 of 5
Exhibit C, Net Requirements
Oenerating Resource Name I Reso~rce Type e. g., H?dro I Nameplate Capability
None
4. CHANGES TO RESOURCE AMOUNTS
(a) Annual Right to Add New Renewable Resources
Port Angeles may add new renewable resources to sections 2(a) or 2(b) of this
exhibit according to the terms of this provision. Port Angeles shall request
the addition of such resources at least fi0 days before the start of the
Contract Year the resources will be added. The request shall identify the
resources, the length of time that the resources shall be applied to Port
Angeles's Total Retail Load and power amounts from the resources for each
month of the request. PBL will revise section 2 of this exhibit prior to the
start of the Contract Year ifPBL agrees that the resource meets BPA's
standards to qualify for BPA's Conservation and Renewables Discount,
subject to any apphcable limits estabhshed in BPA's policy on net
requirements under section 50)) of the Northwest Power Act. Port Angeles
shall resume purchasing Contracted Power under this Agreement when its
commitment to apply the renewable resource ends. The rate treatment for
such power shall be the same Port Angeles would have received for such
power if Port Angeles had not chosen to apply a resource under this
provision.
(b) Resource Additions for a BPA Insufficiency Notice
Port Angeles shall add resources under sections 2(b), or 2(c) to replace
amounts of Contracted Power BPA notifies Port Angeles will not be provided
due to a notice under section 15(b) of the body of this Agreement.
(c) Decrements for 9(c) Export
PBL may determine consistent with BPA's policy implementing section 9(c)
of the Northwest Power Act and section 3(d) of P.L 88-552 (9(c) Pohcy) that
an export of a Port Angeles resource requires a reduction in the amount of
Federal power that PBL sells under this Agreement. IfPBL determines such
a reduction is required it will notify Port Angeles of the amount and duration
of the reduction. PBL shall revise this exhibit to include such amounts .as
unspecified resources for the duration of the export requiring such reduction
under section 2(c) above. This amount shah be identified separately from
any other amounts of unspecified resources established in that provision.
The addition to section 2(c) shall also be included in the total resource
amount established in section 2(d). Determinations by PBL to reduce the
amount of Federal power sold are not subject to arbitration under section ld
of the My of this Agreement.
(d) Permanent Resource Removal
The resource amounts established in section 2 of this exhibit may be removed
permanently by Port Angeles consistent with statutory discontinuance for
permanent removal in BPA's pohcy on net requirements under section 5Co) of
00PB.12054, Port Angeles 4 of 5
Exhibit C, Net Requirements
the Northwest Power Act. IfPBL determines Port Angeles has met PBL's
standards for a permanent removal, the exhibit will be revised to show the
agreed resource changes. Additional power purchases under this Agreement
as a result of such a resource removal are subject to the terms established in
section 4(d) of Exhibit A, Rate Commitments. Determinations by PBL on the
permanent removal of a resource are not subject to arbitration under
section 14 of the body of this Agreement.
(e) Changes to Non-Port Angeles Resources
Port Angeles shall annually update the information established for non-Port
Angeles resources in section 3 at least 60 days before the start of each
Contract Year, if circumstances reasonably warrant such a change. Subject
to agreement of the Parties, the exhibit shall be revised to show the updated
information prior to the start of the applicable Contract Year.
Resource Additions for NLSL
Port Angeles may add resources to sections 2(b) or 2(c) above in order to
serve a NLSL consistent with the rights established in section 5 of Exhibit A,
Rate Commitments.
5. RESOURCE DECLARATIONS
The resource capabilities set forth in sections 2(a), (b), and (c) of this exhibit are
dedicated to serving Port Angeles's firm load pursuant to section 5(b) of the
Northwest Power Act. In addition to the resource capabilities set forth in such
sections that may be removed pursuant to other sections of this Agreement, BPA
consents that the resource capabilities set forth in section 2(c) above may be
discontinued from use in serving Port Angeles's firm load upon the termination or
expiration of this Agreement. The resources estabhshed in sections 2(e) and 3 above
are not used to serve Port Angeles's firm load under section 5Co) of the Northwest
Power Act and will not be required to be so used after the termination or expiration
of this Agreement.
6. REVISIONS
When required Port Angeles shall submit a revised Exhibit C, Net Requirements, to
PBL at least 60 days prior to each Contract Year. As long as Port Angeles's
submittal is consistent with the requirements of this exhibit PBL shall accept it as
submitted. If Port Angeles fails to submit revisions when necessary, or if the
information provided is inconsistent with the requirements of this exhibit, PBL
shall update this exhibit prior to the beginning of the Contract Year with the
information PBL believes is required.
(PBLLAN-PSW/6-W:\PSW\PM\11_16\Port Angeles\00PB:12054 10 FS.doc) 09~29~00
00PB-12054, Port Angeles 5 of 5
Exhibit C, Net Requirements
Exhibit D
ADDITIONAL PRODUCTS AND SPECIAL PROVISIONS
1. NET BILLING
If BPA, Port Angeles and Energy Northwest (formerly, the Washington Public
Power Supply System) or the City of Eugene, Oregon, Water and Electric Board, are
parties to one or more "net billing agreements" that obligate BPA to provide net
billing credits to Port Angeles with respect to project capability associated with the
generating project named in the related net billing agreement, then this Agreement
falls within the meaning of "Participant's Bonneville Contracts" as defined in the
net billing agreement or agreements. BPA and Port Angeles understand and agree
that this Agreement does not interfere with, and shall not be construed to interfere
with, the operation of any provision of the net billing agreement or agreements.
2. REVISIONS
This exhibit shall be revised by mutual agreement of the Parties to reflect
additional products Port Angeles purchases during the term of this Agreement.
(PBLLAN-PSW/6-W:\PSW\PM\ll_16\Port Angeles\00PB-12054 10 F$.doc) 09/29/00
00PB-12054, Port Angeles 1 of 1
Exhibit D, Additional Products and Special Provisions
WASHINGTON, U.S.A.
UTILITY ADVISORY COMMITTEE MEMO
DATE: October 9, 2000
To: UTILITY ADVISORY COMMITTEE
FROM: Scott McLaln, Deputy Director of Power Systems t:~eX
SUBJECT: Retail Power Sales Agreement with Daishowa America
Summary: The City, by signing a wholesale power agreement with the Bonneville Power
Administration, is obligating itself to purchase the power requirements for the Daishowa mill for a
ten year period. Daishowa desires to have access to market power during the ten year term of the
BPA agreement. Staff is negotiating an agreement between the City and Daishowa to protect the
City from any financial consequences that could occur should Daishowa decide to pursue a market
resource.
Recommendation: UAC recommend to Council to authorize the Mayor to sign an agreement
with Daishowa America Ltd. that protects the City from any adverse financial impacts should
Dalshowa receive electrical power service from a provider other than the City.
Background / Analysis: The City is preparing to sign an agreement with the Bonneville Power
Administration to provide electrical supply to the City for a ten year period starting in October 2001.
Daishowa America, Ltd. desires to purchase power which will be provided by the City under the
City's agreement with BPA. Daishowa also desires to have access to market power during the ten
year term of the agreement. This type &arrangement is allowed in the City's agreement with BPA,
but it carries with it some financial obligations. This agreement between the City and Daishowa will
obligate Daishowa for any of the financial costs of going to market power purchases and terminating
their purchases from the City through the BPA agreement.
N:~PWKS~LIGI-IT~OWIVI~MEMOS\UAC 10092.WPD
10~9~00
BID SUMMARY
OVERHEAD PROJECTS 20-07, 20-08 & 20-09
Bidder 10th Street "O" Street Laurel Total
20-07 Bid 20-08 Bid 20-09 Bid Bid
Engineers Estimate $22,119.50 $53,410.50 $64,416.30 $139,946.30
Evergreen Utilities $36,161.33 $80,779.33 $94,040.24 $210,980.90
Olympic Electric $36,335.59 $77,670.74 $87,942.82 $201,949.15
Engineering $7,029.23 $12,145.34 $7,029.24 $26,203.81
Material $4,300.00 $10,000.00 $10,000.00 $24,300.00
Low Bid + Mat. + Eng. $47,664.82 $99,816.08 $104,972.06 $252,452.96
Budget $50,000.00 $121,000.00 $30,000.00 $201,000.00
Bdsum.xls jharper
CITY of PORT ANGELES
SEWER TREATMENT PLANT
2-1/o~c~ Pvc
CITY OF PORT ANGEL.ESI SCALE
PUBUC w~s · I SEWER TREATMENT ELECTRIC LAYOUT
~ Ptot ])~te, 10/05/00 Revision
Question
What is a decibel, and what is the loudest sound I can
listen to before it hurts my ears?
Answer
The decibel (abbreviated dB) is the unit used to measure the
intensity of a sound. The decibel scale is a little odd because
the human ear is incredibly sertsitive. Your ears can hear
everything from your fingertip brushing lightly over your skin to
a loud jet engine. In terms of power, the sound of the jet engine
is about 1,000,000,000,000 times more powerful than the
smallest audible soqnd. That's a big difference!
On the decibel scale, the smallest audible sound (near total
silence) is 0 dB. A sound 10 times more powerful is 10 dB. A
sound 100 times mom powerful than near total silence is 20 dB.
A sound 1,000 times more powerful than near total silence is 30
dB. And so on. Here are some common sounds and their
decibel ratings:
· Near total silence - 0 dB
· A whisper- 15 dB
· Normal conversation - 60 dB
· Lawnmower - 90 dB
· A car horn- 110dB
· A rock concert or a jet engine - 120 dB
· Gunshot, firecracker- 140 dB
You know from your own experience that distance affects the
~ntens~ty o! souna - ~fyou are far away, tl3e power is greatly
diminished. All of the ratings above are taken while standing
near the sound.
Any sound above 85 dB can cause hearing loss, and the loss is
related both to the power of the sound as well as the length of
exposure. You know that you are listening to an 85 dB sound if
you have to raise your voice to be heard by somebody else. For
example, 8 hours of 90 dB sound can cause damage, but any
exposure to 140 dB sound causes immediate damage (and
causes actual pain).
Decibel ratings and co~non sounds
Decibel
Level
Example
0
Lowest sound audible to human ear
10
Quiet library, soft whisper
30
Quiet office, living room, bedroom away from traffic
40
Light traffic at a distance, refrigerator, gentle breeze
50
Air conditioner at 20 feet, conversation, sewing machine
60
Busy traffic, office tabulator, noisy restaurant
Subway, heav~ city traffic, alarm clock at 2 feet, factory noise
100
Truck traffic, noisy home appliances, shop tools, lawnmower
110
Chain saw, boiler shop, pneumatic drill
120
Rock concert in front of speakers, sandblasting, thunderclap
140
Gunshot blast, jet plane
180
Rocket launching pad
(adapted from Atkinson, et al, 1990)
P~RCEIVING SOUNDS AS EVENTS
In the co~paratively recent past psychologists have taken note that the relationshi
Table 2~ 'Everyday and musical listening
Musical experience
Ewez~day listening
Musical l~stening
(perception. of sound-p~cing events) ~
(experience Of sounds themselves)
* hear a: sound in te~- 6f its sources
* heaz a soo~d in te~- of it's sensory
* '~ ~4d~ss~ ~ psy~ol~
* t~] a~r~ ~ ,psy~o-a~ti~
*.~ ~s~ ~3X~es on ~le's ~r~ti~
* sold:do not ~vey ~' ~fo~tion to ~c~ ~eir s~S: ~t ~ su~l~
zo/9/2oot
Utility Advisory
Committee
Community
Telecomrnunications
Action Plan
Larry Dunbar, Power
Resources Manager
Action Plan
· Municipal Telecom Regulation
· Community Telecom Needs, Interests
· Backbone Business Planning
· Backbone Design and Construction
· Network Activation
10/9/2000 Utility Advlso~
Committee Meeting
Action Plan
· Municipal Telecom Regulation - WHY?
· Council & economic development goals
· Compliance with Federal & State laws
· Management of right-of-way
· Liklihood of increasing demands
· Pole affachment
· Cost recovery (limited)
· Minimizing environmental impacts
10/9/'2000 Utility Advlso~
Commi~ee Meeting
Action Plan
Community Telecommunications
Needs & Interests -WHY?
· To obtain public input into City decision-
making
· Cable TV franchise renewal
· To explore infrastructure and service
provider partnerships
· To provide input into Stage 2 & 3 fiber-
optic business plan updates
10/9/2000 Utiliiy Adviso~
Action Plan
· Backbone Design and Construction
· Backbone Activation
Stage 1 Lease Dark Fiber (Option)
Build Municipal Network
- City Hall to Laurel to Corp Yd
- Corp Yard to 18th St. Area
- Corp Yd to College & BPA Sub
- City Hall to Downtown
Stage 2 Extend to Core Customers
Stage 3 City-Wide Network
Schedule Overview
Begin End
Task 1 ~. Ordinance ATask t
'~ 120 day
t 012000 2/2001
Begin Needs & End Task 2.1 End
Task 2.1 , Interest~ Begin Task 2.2 C~A'rV Fmnchls,~e Task 2.2
~r 180 days '~ 90 days
112001 7/200t 1012001
Stage 1
Begin Business End
Task 3 ~. Plan ~Taek 3
90 days
612001 912001
Schedule Overview
Begin ~Backbone Deslgn~ End
Task 4
.~ Task 4
1012000 '~ t80 day 4/200t
Begin TEansdk
Task 5 A Pumhase Cabl~. 5
1012000 '~ 180 day '~ 4/20017
Begin End
Task6 ~- Cons~ruct;Ion ~ Task6
4/200t? '~ 180 days " t0120017
Begin Activation-Stage ~ TEansdk
Task ? ~' 7
7120017 '~ 180days '~ 112002?
Begin Activation-Stage 2 End
Task8 · ~ Task8
71200'17 w 270 days v 4/2002?
Begin End
Task 9 ~' Activation-Stage 3 ~ Task 9
?/200t? '~ Timeline Unknown '~ Unknown
10D/2000 Utility Adviso~
Commltt~g Mceting
3
Cost Estimate Summary
Action Item Cost
Ordinance $17,500
Assessment 40,000
'Business Plan 35,000
Engineering 150,000
Fiber-optic cable 350,000
Construction 1,000,000
Total $1,592,500
10/9/2000 Utility Advlso~
Commi~tex Meeting
Cost Estimate Summary
Action Item Cost
Cable franchise negotiations (if required) TBD
Stage 1 activation equipment TBD
Stage 2 business plan update, fiber-optic
distribution cable, activation equipment TBD
Stage 3 business plan update, fiber-optic
distribution cable, activation equipment TBD
Network operation, management &
maintenance TBD
10/9/2000 Utility Advisor'
Committee MeOing
UAC Recommendation
The Utility Advisory Committee recommend
Council approval of the Community
Telecommunications Action Plan and a
professional services agreement in an
amount not to exceed $92,509 with MCC for
completion of:
1. A comprehensive telecommunications
ordinance.
2. A telecommunications future needs and
interests assessment.
10~2000 U~i~ ~
Recommendation
3. A business plan for the fiber-optic
backbone.
4. To authorize Staff to prepare a request
for qualifications for engineering
services to design the fiber-optic
backbone.
5. To proceed with the purchase of fiber-
optic cabling.