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Home My WebLink About5.375I Original ContractEES CONSULTING, INC. By Gary Saleba Title. President Date: September 15, 200 CONSULTING SERVICES AGREEMENT EES CONSULTING, INC. Billing Address 570 Kirkland Way, Suite 200, Kirkland, Washington 98033 (425) 889-2700 This Consulting Services Agreement (herein Agreement) is made between EES Consulting, Inc., (hereinafter "EES CONSULTING and City of Port Angeles, Attn• Larry Dunbar, P O Box 1150, Port Angeles, WA 98362 (hereinafter °CLIENT I. SCOPE, COMPENSATION AND QUALITY OF CONSULTING SERVICES EES CONSULTING will provide the services and be compensated for these services as described in Exhibit A (August 14 memo to WPAG managers) and Exhibit B (City of Port Angeles Amendment No. 1), attached hereto EES CONSULTING shall render its services in accordance with generally accepted professional practices. EES CONSULTING shall, to the best of its knowledge and belief, comply with applicable laws, ordinances, codes, rules, regulations, permits and other published requirements in effect on the date this Agreement is signed II. TERMS CONDITIONS OF CONSULTING SERVICES AGREEMENT 1 Timing of Work. EES CONSULTING shall commence work on or about September 15, 2009. 2 Relationship of Parties, No Third -Party Beneficiaries EES CONSULTING is an independent contractor under this Agreement. This Agreement gives no rights or benefits to anyone not named as a party to this Agreement, and there are no third party beneficiaries to this Agreement 3 Insurance a Insurance of EES CONSULTING EES CONSULTING will maintain throughout the performance of this Agreement the following types and amounts of insurance. I Worker's Compensation and Employer's Liability Insurance as required by applicable state or federal law 11. Comprehensive Vehicle Liability Insurance covenng personal injury and property damage claims ansing from the use of motor vehicles with combined single limits of $1,000,000. ui. Commercial General Liability Insurance covering claims for personal injury and property damage with combined single limits of $1,000,000 iv. Professional Liability (Errors and Omissions, on a claims -made basis) Insurance with limits of $1,000,000 b Interpretation Notwithstanding any other provision(s) in this Agreement, nothing shall be construed or enforced so as to void, negate or adversely affect any otherwise applicable insurance held by any party to this Agreement 4 Mutual Indemnification. EES CONSULTING agrees to indemnify and hold harmless CLIENT and its employees from and against any and all loss, cost, damage, or expense of any kind and nature (including, without limitation, court costs, expenses, and reasonable attorneys' fees) ansing out of injury to persons or damage to property (including, without limitation, property of CLIENT, EES CONSULTING, and their respective employees, agents, licensees, and representatives) In any manner caused by the negligent acts or omissions of EES CONSULTING in the performance of its work pursuant to or In connection with this Agreement to the extent of EES CONSULTING's proportionate negligence, d any. CLIENT agrees to indemnify and hold harmless EES CONSULTING and its employees from and against any and all loss, cost, damage, or expense of any kind and nature (including without limitation, court costs, expenses and reasonable attorneys' fees) arising out of injury to person(s) or damage to property (including, without limitation, property of CLIENT, EES CONSULTING, and their respective employees, agents, licensees and representatives) in any manner caused by the negligent acts or omissions of CLIENT or other(s) with whom CLIENT contracts "CLIENT'S agents to perform work pursuant to or in connection with this Agreement, to the extent of CLIENT'S or CLIENT's agents proportionate negligence, If any 5 Resolution of Disputes, Attorneys' Fees. The law of the State of Washington shall govern the interpretation of and the resolution of disputes under this Agreement If any claim, at law or otherwise, Is made by either party to this Agreement, the prevailing party shall be entitled to its costs and reasonable attorneys' fees. 6 Termination of Agreement. Either EES CONSULTING or CLIENT may terminate this Agreement upon thirty (30) days written notice to the other sent to the addresses listed herein In the event CLIENT terminates this agreement, CLIENT specifically agrees to pay EES CONSULTING for all services rendered through the termination date CITY OF PORT RT ANG BB7 Title. l' ?I Date. 9/ /2e6 c:1 ?51 Consulting August 14, 2009 TO: WPAG Managers FROM: Anne Falcon CLIENT: WPAG SUBJECT: 2009 Budget Addendum At the beginning of the year, it was not possible to determine with certainty the degree of WPAG involvement that would be needed in all of the processes listed for the year. As such, for this year we budgeted an amount equal to the 2008 budget with the understanding that additional budget may be needed after the BPA- related activities become clearer. At this time, the initial budget has been spent and additional budget is requested in order to finish up the year. Below, please find a proposed budget for the remainder of 2009. The scope of services for the remainder of 2009 for WPAG is proposed as follows: General WPAG Activities and Meetings Tiered Rate Methodology (TRM) Implementation Activities c RHWM Process o Negotiation of DSI contracts a Negotiations with BPA over "System Obligations" Work with other publics on preference to FBS capacity 9th Circuit briefing in APAC vs. BPA and IPUC vs. BPA This budget assumes that BPA does not conduct a rate case to establish a variable IP rate for Alcoa and assuming additional TRM analysis activities are funded separately. The budget for the scope of services described above is calculated at the following billing rates for EES Consulting and MMPS &M: 570 Kirkland Way, Suite 200 Kirkland, Washington 98033 Telephone 425 889 -2700 Facsimile: 425 889 -2725 A registered professional engineering corporation with offices in Kirkland, WA, Portland, OR, Indio, CA; and Bellingham, WA MEMORANDUM TO WPAG Managers August 14, 2009 Page 2 EES Consulting President $165 per hour Managing Director 160 per hour Manager 155 per hour Senior Project Manager 150 per hour Project Manager 145 per hour Senior Analyst 140 per hour Analyst or Engineer 135 per hour Clerical 120 per hour MMPS &M Principal $165 per hour Associate 130 per hour These billing rates will remain in effect through December 31, 2009. On the basis of the above billing rates, the additional 2009 labor budgets of EES Consulting and MMPS &M combined are estimated at $80,000. In addition to labor costs, out -of- pocket expenses will be billed to WPAG members at their cost to EES Consulting and MMPS &M. It is estimated that an additional $10,000 in total out -of- pocket expenses will be incurred in total. The total estimated additional WPAG budget for 2009 is estimated at $90,000. An allocation of this budget extension among WPAG members is attached as Exhibit 1. Please feel free to call me if you have any questions. Western Public Agencies Group Additional Budget for Remainder of 2009 EES Consulting and Marsh Mundorf Pratt Sullivan McKenzie Source 2008.2009 Northwest Electric Utility Directory (NWPPA), 2008 WPUDA Sourcehook, 2003 EIA Form 412 2004 EIA Form 881, UOIIty Supplied Total Budget Labor Expenses Total Augmt 13, 2009 80,000 10,000 90,000 Customers' Energy Sales' Investment Average of Customers, Energy Sales and Investment Budget Allocation with Cap Without Cap 18.0% Cap Individual Utilities number percent of total kilowatt-hours percent of total dollars percent of total percent of total percent of total dollars Benton Electric REA 14,047 3 1% 519 034,917 4 3% 55,076,221 5 9% 4 43% 5 77% 5,196 ClaIlam County PUD 29,594 65% 791,930,714 66% 5 ,0,1 "7O'8 54% 6 17% 8 08% 7,276 Clark Public Uhlhes 180,043 39 7% 5,081,087,000 42 4% 275,772,523 29 4% 37 17% 18 00% 16,200 City of Ellensburg 9,020 2 0% 200 255,889 1 7% 1. 744 425 1 0% 1 57% 2 06% 1,852 Grays Harbor PUD 41,708 92% 982,601,658 82% 1"0,25,974 14 9% 1078% 14 02% 12,616 Hittites County PUD '64 09% 7)74' 021 06% 10,581,463 11% 088% 1 15% 1,038 Lewis County PUD No 1 30,384 87% 929,239,755 78% 45 :3? 447 91% 7 85% 1024% 9,218 Mason County PUD No 1 5,095 11% 69,431,086 06% 10,178,188 1 1% 0 93% 1 21% 1,090 Mason County PUD No 3 32,190 7 1% 668 687,462 5 6% 933 437 34. 10 6% 7 76% 10 09% 9,080 Pacific County PUD No 2 16,889 3 7% 296,313,064 2 5% ?9.''.40 4 2% 3 48% 450% 4,052 Peninsula Light Company 25,151 55% 55'6'0216 46% 59,691,447 6 4% 550% 718% 6,461 City of Pon Angeles 10,522 23% 709 659,006 59% 0' '8 2,5306 20% 3 42% 451% 4,056 Skamenia County PUD No 1 5,725 1 3% 128,576,272 1 1% 14,208,000 1 5% 1 28% 1 67% 1,508 Tanner Electric Cooperative 4,300 09% 67.594,220 0 6% 12,356,404 1 3% 0 94% 123% 1,103 Wahkiakum County PUD No 1 2,360 0 5% 40,025,699 0 3% 7,391,412 0 8% 0 55% 0 71% 640 Pierce County Cooperative Power Association Alder Mutual Light Company 276 01% 3,887,591 0 0% 304,837 0 0% 0 04% 0 05% 49 Town of Eatonville 1,250 03% 24,292,180 02% 1,150,000 01% 020% 026% 237 Elmhurst Mutual Power and Light Company 13,728 3 0% 259 445,280 2 2% 18 920,525 2 0% 2 40% 3 15% 2,833 Lakeview Light and Power Company 11,511 2 5% 275,456,539 2 3% 8,369,626 0 9% 1 91% 2 52% 2,264 City of Milton 3,408 0 8% 63,932,270 0 5% 2,378,975 0 3% 0 51% 0 68% 608 Ohop Mutual Light Company 4,132 0 9% 77 677,410 0 6% 10 293,640 1 1% 0 89% 1 15% 1,038 Parkland Light and Water company 5,012 11% 118,755,303 1 0% 8,585,910 09% 1 00% 1 31% 1,183 Town of Steilacoom 2,718 06% 39,721,294 03% 918,000 01% 034% 045% 407 Subtotal Pierce County Cooperative Power Association 42,033 9 3% 863,167,847 72% 50,921,513 54% 73% 958% 8,619 Total 453,225 100 0% 11,971,986,807 100 0% 939,353,122 100 0% 100 0% 100 00% 90,000 Western Public Agencies Group Additional Budget for Remainder of 2009 EES Consulting and Marsh Mundorf Pratt Sullivan McKenzie Source 2008.2009 Northwest Electric Utility Directory (NWPPA), 2008 WPUDA Sourcehook, 2003 EIA Form 412 2004 EIA Form 881, UOIIty Supplied Total Budget Labor Expenses Total Augmt 13, 2009 80,000 10,000 90,000