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Home My WebLink About001264 Original Contract The City of Port Angeles 701 Pike St.Suite 1200 Record # 001264 Seattle,WA 98101 T:206.624.0100 F:206.749.2200 May 24, 2017 BrownAND . Caldwell ' Confidential Mr. Dan McKeen City Manager PO Box 1150 City of Port Angeles Port Angeles,WA 071881.002 Subject: Environmental Consulting Support Firewall Management Procedures Western Port Angeles Harbor Site Dear Dan: Brown and Caldwell (BC) is pleased to write to you regarding our proposed work for Owens Corning(OC)to provide technical support services related to the Western Port Angeles Harbor Site, located in Washington. I initially wrote to Mr.Craig Fulton at the City of Port Angeles (City)on 12/20/16 to outline this proposed engagement,the likely scope of work,and the fact that although we did not see it as an actual or positional conflict of interest,we wanted to make sure the City did not have any objections before proceeding. Our policy is that in all cases where a waiver is sought, BC will respect the decision of its clients to avoid the appearance of an actual or positional conflict of interest. This letter,which is sent to both you and OC,describes the steps BC will take to avoid any appearance of or actual conflict of interest between the City and OC with regards to services BC provides to the City and to OC. As a national environmental engineering firm with over 50 offices nationwide, BC works for various public and private clients in the range of engineering capacities. BC maintains Standards of Conduct and Business Ethics and other policies, procedures, and protocols to address ethics in business and the avoidance of conflicts of interest. The materials are covered initially as part of new employee orientation,on an ongoing basis with other topics of relevance as part of local or project efforts,and as required on specific projects. Under those procedures, we use reasonable and good faith efforts to identify potential new projects that might intersect with past or current clients. When that occurs,we review the relevant factors and determine appropriate steps to take, given those unique factors. 500393785 v1 Dan McKeen City Manager May 24, 2017 Page 2 Here, we identified that OC's potential project might intersect with our separate project work for the City. We also identified that we did not believe it was a conflict. Importantly, and as already observed in our previous e-mail, BC has never performed environmental cleanup services for the City, nor does it intend to perform those services in the future. Nonetheless, and in consideration of our value for, and appreciation to, the City as a client, we affirmatively seek out the City's approval to proceed with the engagement. To make sure our policies are implemented properly, BC plans to institute several steps intended to put an "ethical wall" between the City and OC projects. First,we plan to designate the OC project and any inactive or currently ongoing City projects as "confidential projects" in our internal BC "WorkSmart" Project Delivery System. This will limit access to project files - such as correspondence and related project deliverables- by project personnel to those assigned to their respective project. We will similarly label hard copy file folders "confidential," and have them stored in a secure manner inaccessible to personnel in that same office who may be working on the other project. Second, we will also plan to have separate project teams working on City projects that have historical or current knowledge of the City's stormwater and wastewater systems from those workingfor OC at this Site. Those personnel that have a substantial involvement in one project will not participate in the other project. Third, and consistent with the above efforts and structure, we will institute an ongoing effort to educate and reinforce these restrictions with the respective project teams. This will include addressing it as an agenda item as part of internal project meetings and doing a "refresh"on these requirements at least annually and with new individuals joining one of the project teams. We believe that these steps should fully address the City's potential concern. If you have any remaining questions or concerns,though, please let us know. Otherwise, we would ask that you confirm that we have the City's permission to proceed as outlined herein by counter-signing where indicated below and return an electronic copy to me. 500393785 v1 Dan McKeen City Manager May 24, 2017 Page 3 Thanks again for your cooperation and assistance in this regard. Very truly yours, Brown and Caldwell -� - -- Tadd Gi recht, P.E. Ste e Anderson, P.E. Client Service Manager West Business Manager Cc: Bill Bloor,City of Port Angeles Paul Lewandowski, Owens Corning Ankur Tohan, K&L Gates Accepted and agreed: City of 7ngeles By: Title: C141 YvIO n"e-- Date: S 1 301 500393785 v1 00/ 96" (-( Kari Martinez-Bailey From: Craig Fulton Sent Thursday, August 10, 2017 3:08 PM To: Marian Bodad| Kari Martinez-Bailey Subject: FW: Owens Corning |ythis the 2ODecember 2O16"Letter° you are looking for? K/Craig ' From:Tadd Giesbrecht [noai|to:TGieubrecht@8nmnCa|d.cmnn] Sent:Tuesday, December 2O, 2816]:O1PM To: Craig Fulton<Cfu|ton@dtyufpa.uo> Cc: Martha Knowlton<mknowiton@BrwnCald.com>;Jim Claffey<JClaffey@Brwncald.com> Subject:Owens Corning Craig, It was good toconnect with you last month over lunch. VVerecently saw anote from Vanirthat the final construction report for the pump station was issued and that the system is working well with no downtown overflows since it came on-line. Congratulations tnthe City on this major milestone. On another topic, Brown and Caldwell has been approached by Owens Corning(OC)to provide technical support services related to the Western Port Angeles Harbor Site, located in Washington (Site). While,to the best of our knowledge, BC has never performed environmental cleanup services for the City ofPort Angeles (Qh/), asthe City ia a potential liable person (PLP) under the Agreed Order with the Washington Department of Ecology to complete a Remedial Investigation/Feasibility Study(RI/FS) at this same site, we wanted to let you know about our possible involvement onOC's behalf. More specifically, OC is currently in discussions with the western Port Angeles Harbor PLPs to participate in the RKPSprOCeSs asdefined inthe Order. BCs involvement would include, but is not limited to, participation in PLP group meetings; review of historical and environmental documents; review of technical documents prepared by the PLP group; and provision nftechnical expertise toDCand its counsel. Although wedonot see this 8s anactual o/potential conflict Dfinterest, vve appreciate and value our relationship with the City and want to make you aware of this pursuit and affirmatively confirm that the City does not have any objections. |fyou could confirm that this is okay OnOrbefore January 5,that would b*appreciated. Otherwise, we plan onengaging inthis work inearly 2O17. Uyou need any additional information, Vryou would like ustotalk to anyone else at the City regarding this matter, please let rneknow. 1 Thanks, Tadd Tadd Giesbrechtx P.E. Vice President Brown and Caldweii I Seattle„WA tgiesbrechtbrwncaid.corn T 206.749.2888 I C 206.794.5608 Udvvett * Professuonai Registration in Specific States 2