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HomeMy WebLinkAboutAgenda Packet 01/10/2012I. Call To Order II. Roll Call III. Approval of Minutes for December 13, 2011 regular meeting, December 13, 2011 work session, and December 15, 2011 continuation IV. Late Items V. Discussion Items: A. New and Expanded Large Single Electrical Loads Ordinance B. Western Public Agencies Group 2012 Professional Services Agreement C. Shared Resource Conservation Manager Program Interlocal Agreement D. Simple Steps, Smart Savings Promotion Services Agreement E. Landfill Post Closure Professional Services Agreement Contract Extension F. Stormwater Education and Outreach Services Interlocal Agreement with Kitsap County G. Design Industrial Outfall Repair and Cleaning Project Project WW082008 H. Combined Sewer Overflow Phase I Project, Section 106 Archaeological Memorandum of Agreement VI. Information Only Items: A. 2013 State Revolving Fund Loan Application for Concrete Cylinder Pipe Replacement Project WT02 -2009 (verbal report only) B. Industrial Transmission Electric Rate Ordinance and Letter Agreement Update (verbal report only) C. Commercial and Industrial Demand Response Project Update (verbal report only) D. Landfill Gas Utilization Project Request for Proposal (verbal report only) E. Advanced Metering Infrastructure System Update (verbal report only) F. Wireless Mobile Data System (verbal report only) VII. Next Meeting Date: February 14, 2012 VIII. Adjournment N: \uac \final \011012 Utility Advisory Committee Jack Pittis Conference Room Port Angeles, WA 98362 January 10, 2012 3:00 PM AGENDA I. Call To Order City Council Special Meeting/Utility Advisory Committee Jack Pitts Conference Room Port Angeles, WA 98362 December 13, 2011 4:00 p.m. Chairman Dan Di Guiho called the meeting to order at 4:00 p.m. II. Roll Call UAC Assigned Councilmembers Present: Dan Di Guilio, Cherie Kidd Other Councilmembers Present: Don Perry, Max Mania, Patrick Downie Other Councilmembers Absent: Brad Collins, Brooke Nelson Utility Advisory Committee Members Present: Dean Reed, Paul Elliott (4:01) Utility Advisory Committee Members Absent: N/A Staff Present: Nathan West, Bill Bloor, Larry Dunbar, Mike Puntenney, Yvonne Ziomkowski, Phil Lusk, Sondya Wray, Tom McCabe, Helen Freilich, Randall Brackett Others Present: Tom Callis PDN, Terry Mundorf Marsh Mundorf Pratt Sullivan. III. Approval Of Minutes Chairman Dan Di Guiho asked if there were any corrections to the minutes of November 8, 2011. Committee Member Dean Reed moved to approve the minutes. Cherie Kidd seconded the motion, which carried unanimously. IV. Late Items: None. V. Discussion Items: A. BPA Residential Exchange Program Settlement Agreement Amendment No. 1 (verbal report only) Larry Dunbar, Deputy Director of Power Systems introduced Terry Mundorf, of Marsh Mundorf Pratt Sullivan. There was a brief report on the BPA Residential Exchange Program Settlement Agreement Amendment No. 1. 1 B. Draft New Large Single Electrical Loads Introduction Information Only Phil Lusk, Power Resources Manager discussed a proposed policy for the Electric Utility's new large single electrical loads that addresses how marginal power supply costs will be recovered under the new Bonneville Power Administration Tier 2 power supply. The Western Public Agencies Group assisted staff and prepared a draft of a new large single load ordinance for discussion purposes. There was a brief discussion. Information only. No action taken. Staff will return to the Utility Advisory Committee to further consider the proposed ordinance. C. Electrical Work Permit Fee Corrections Larry Dunbar, Deputy Director of Power Systems discussed the need to make a few corrections to the fees that were approved earlier this year. A brief discussion followed. Cherie Kidd moved to recommend to City Council to proceed with a public hearing on electrical work permit fee adjustments for the Electric Utility. Paul Elliot seconded the motion, which carried unanimously. VI. Information Only Items: A. Solid Waste Collection and Recycling Survey (Verbal report only) Information only. No action taken. B. Low Income Weatherization Utility Discounts Ordinance (Verbal report only) Information only. No action taken. C. Industrial Transmission Electric Rate Ordinance and Letter Agreement Update (Verbal report only) Information only. No action taken. VII. VIII. Next Meeting Dates: December 13, 2011: 5 -7 p.m. work session December 15, 2011: Continuation 3 -5 p.m. Adjournment: 4:52 p.m. 2 I. Call To Order Chairman Dan Di Guilio called the meeting to order at 5:00 p.m. II. Roll Call UAC Assigned Councilmembers Present: Other Councilmembers Present: Other Councilmembers Absent: Utility Advisory Committee Members Present: Utility Advisory Committee Members Absent: Staff Present: Others Present: IX. Iv. A. B. Joint Utility Advisory Committee /City Council Work Session Items Council Chambers Port Angeles, WA 98362 December 13, 2011 5:00 p.m. Dan Di Guilio, Cherie Kidd Don Perry, Max Mania, Patrick Downie, Brad Collins Brooke Nelson Dean Reed, Paul Elliott N/A Nathan West, Dan McKeen, Terry Gallagher, Bill Bloor, Larry Dunbar, Mike Puntenney, Yvonne Ziomkowski, Phil Lusk Tom Callis PDN, Terry Mundorf Marsh Mundorf Pratt Sullivan, Anne Falcon -EES Consulting, Lee Afflerbach Columbia Telecommunications Corporation, Craig Johnson and Bob Jensen Capacity Provisioning, Inc., Chuck Beaudette— OlyPen, Inc., Greg Murphy and Sergio Gutierrez -Aruba Networks, Brian Magnuson and Chris Schueller- Cascade Networks, Inc., Dr. Mark Fischer Olympic Medical Center, Steve Baxter Peninsula College, Richard Bull- Center for Rural Development The following items were presented with no action requested or taken: Wireless Mobile Data System Acquisition and Integration Agreement Columbia Telecommunications Corporation Professional Services Agreement Amendment No. 1 C. Wireless Mobile Data System Operation, Management Maintenance Agreement D. Wireless Mobile Data System Retail Service Provider Agreement Next Meeting Dates: December 15, 201: Continuation 3 -5 p.m. January 10, 2012: 3 -5 p.m. Adjournment: 7:00 p.m. 3 I. Call To Order Chairman Dan Di Guilio called the meeting to order at 3:00 p.m. II. Roll Call UAC Assigned Councilmembers Present: Other Councilmembers Present: Other Councilmembers Absent: Utility Advisory Committee Members Present: Utility Advisory Committee Members Absent: Staff Present: Others Present: III. Discussion Items Continued City Council Special Meeting/Utility Advisory Committee Continuation Vern Burton Meeting Room Port Angeles, WA 98362 December 15, 2011 3:00 p.m. Dan Di Guilio, Cherie Kidd (3:04) Max Mania (left at 4:10), Patrick Downie Brooke Nelson, Don Perry, Brad Collins Dean Reed, Paul Elliott (3:02) N/A Bill Bloor, Larry Dunbar, Yvonne Ziomkowski, Mike Puntenney, Dan McKeen, Terry Gallagher, Kathryn Neal, Ken Debuc, Nathan West, Jeff Young, Helen Freilich, Randall Brackett, Brian Smith Tom Callis PDN, Craig Johnson and Bob Jensen Capacity Provisioning, Inc., Tony Hudson Clallam County Fire District III, Phil Charles LEKT, Chuck Beaudette OlyPen, Inc., Jon Bugher Clallam County Fire District II, Ron Peregrin Clallam County Undersheriff A. Wireless Mobile Data System Acquisition and Integration Agreement Terry Gallagher, Police Chief summarized the proposed agreement. A discussion followed. Paul Elliot moved to recommend to City Council to approve and authorize the City Manager to sign the Wireless Mobile Data System Acquisition and Integration Agreement with Capacity Provisioning, Inc. in an amount not to exceed $2,577,922.00, and to make minor modifications to the agreement, if necessary. Cherie Kidd seconded the motion, which carried unanimously. B. Wireless Mobile Data System Professional Services Agreement Amendment No. 1 Terry Gallagher, Police Chief summarized the proposed amendment. A discussion followed. Dean Reed moved to forward a favorable recommendation to City Council to authorize the City Manager to sign Amendment No. 1 to the professional services agreement with Columbia 4 Telecommunications Corporation in an amount not to exceed $164,500.00, which increases the maximum compensation under the agreement from $65,400.00 to $229,900.00, and to make minor modifications to the agreement, if necessary. Paul Elliot seconded the motion, which carried unanimously. C. Wireless Mobile Data System Operation, Management Maintenance Agreement Terry Gallagher, Police Chief summarized the proposed agreement. A discussion followed. Paul Elliot moved to forward a favorable recommendation to City Council to approve and authorize the City Manager to sign the Wireless Mobile Data System Operation, Management Maintenance Services Agreement with Capacity Provisioning, Inc. in an annual amount of $28,383.00 beginning in year 2013 for operation and management services and an estimated annual amount of $4,560.00 for maintenance services, and to make minor modifications to the agreement, if necessary. Cherie Kidd seconded the motion, which carried unanimously. D. Wireless Mobile Data System Retail Services Provider Agreement Terry Gallagher, Police Chief summarized the proposed agreement. A discussion followed. Max Mania moved to forward a favorable recommendation to City Council to approve and authorize the City Manager to sign the non exclusive Wireless Mobile Data System Retail Service Provider Agreement with OlyPen, Inc., and to make minor modifications to the agreement, if necessary. Cherie Kidd seconded the motion, which carried unanimously. E. On -Call Wastewater Utility Engineering Professional Services Agreement Amendment No. 1 Kathryn Neal, P.E., Civil Engineering Manager reviewed Amendment No 1 additions to the scope and budget for four additional projects. Each provides as a separate tasks in the contract. Yvonne Ziomkowski, Finance Director clarified that the City has until August 17, 2013 to spend the 2010 bond proceeds. A lengthy discussion followed. Dean Reed moved to recommend to City Council to approve and authorize the City Manager to sign Amendment No. 1 to the Professional Services Agreement with Brown and Caldwell, Inc., in an amount not to exceed $400,000, which increases the maximum compensation under the agreement from $142,109 to $542,109, and to make minor modifications to the agreement, if necessary. Paul Elliot seconded the motion, which carried unanimously. F. Local Source Control Program Grant Randall Brackett, P.E., Deputy Director of Operations summarized a grant that is being offered to the City to support a temporary full time, 18 -month term employment position dedicated to small business education and technical assistance for applying best management practices in handling runoff and wastes. A discussion followed. Dean Reed moved to forward a favorable recommendation to City Council to approve and authorize the City Manager to accept a grant in the amount of $154,700 with the Washington State Department of Ecology and create a temporary full -time, 18 -month term employment position of Local Source Control Specialist, and to make minor modifications to the contract, if necessary. Paul Elliot seconded the motion, which carried and Cherie Kidd voted no. 5 G. Maintenance Contract WW-11 -036; Wastewater Sewer System Cleaning and Video Inspection Michael Puntenney, P.E., Deputy Director of Engineering/City Engineer discussed the contracting format for the jetting, root and debris removal, and cleaning of selected sewer lines in the City. A discussion followed. Paul Elliot moved to recommend to City Council to authorize the City Manager to sign the Limited Public Works Process Contract WW -11 -036, Wastewater Sewer System Cleaning and Video Inspection with the low responsible bidder for the contracted not -to- exceed maximum value of $35,000 including sales tax, and to make minor modifications to the agreement, if necessary. Dean Reed seconded the motion, which carried unanimously. IV. Next Meeting Date: January 10, 2012 V. Adjournment: 4:45 p.m. Dan Di Guilio, Mayor Janessa Hurd, City Clerk Dan Di Guilio, Chair Utility Advisory Sondya Wray, Administrative Specialist Committee 6 ORTANGELES W A S H I N G T O N U. S. A Utility Advisory Committee Memo Date: January 10, 2012 To: Utility Advisory Committee From: Phil Lusk, Power Resources Manager Subject: New and Expanded Large Single Electrical Loads Ordinance Summary: The Electric Utility needs to establish a policy for new large single electrical loads to address how marginal power supply costs will be recovered through rates. With the assistance of the Western Public Agencies Group and EES Consulting, staff has prepared a new large single loads ordinance. Recommendation: Forward a favorable recommendation to City Council to conduct a first reading of the proposed New and Expanded Large Single Electrical Loads ordinance on January 17, 2012, and continue to February 7, 2012 for a second reading and adoption of the ordinance. Background /Analysis: The Pacific Northwest Electric Power Planning and Conservation Act (Act) defines a New Large Single Load (NLSL) for the Bonneville Power Administration (BPA) to be any new load or expansion of an existing load at a single facility whose power requirements increase by 10 average megawatts (aMW) or more in any consecutive 12 -month period as compared to its consumption during the immediately preceding 12 month period'. For the City's Electric Utility, EES Consulting and staff recommend the NLSL be a connected load of 2 MW for a new customer and 1 aMW of energy consumption for an expansion to an existing customer. The marginal power supply cost is approximately $135,000 per aMW per year and similar to the annual energy use of about 540 average residential customers. Under the BPA wholesale Tiered Rate Methodology (TRM) that became effective on October 1, 2011, load requirements in excess of our "High Water Mark" (HWM) will be purchased at higher wholesale power prices "Tier 2 The short-term wholesale rate alternative was selected last year by the City Council and is currently 0.04648 per kWh, which is about 50% higher than average Tier 1 costs. Although the Tier 2 rate is significantly higher than Tier 1 it is much less of an impact than anticipated. For each aMW of NLSL that occurs in the future, Tier 2 power costs using today's retail rate setting practices would be rolled into the total Electric Utility's revenue requirement with the potential to increase retail rates by about 0.68% for all of the City's other retail electric customers. In contrast, a 10 aMW NLSL could increase retail rates by about 6.8% Bonneville Power Administration (2001) New Large Single Load Policy N \UAC\Final \New Large Single Electrical Loads Ordinance docx New Large Single Electrical Loads Ordinance January 10, 2012 Page 2 There are two key policy issues that are address in the proposed NLSL ordinance: 1. The MW and aMW levels the City establish for its NLSL, and 2. If the Tier 2 marginal power supply costs associated with serving a NLSL are shared with all retail electric customers. Staff is confident that Tier 2 power purchases should be delayed until at least 2014 as long as we continue to experience historical customer growth, maintain our expanded energy conservation program, and there are no reductions to the federal based system. However, a NLSL policy should be developed as a safety net in case a general service demand or primary customer expands or a new one locates in our service territory. In the absence of a safety net a NLSL would immediately result in a need to increase retail rates for all other customers. With the assistance of the Western Public Agencies Group and EES Consulting, a NLSL ordinance was prepared, which was discussed at the December 2011 Utility Advisory Committee meeting. Given the discussion, staff has prepared a revision to the ordinance for the Utility Advisory Committee's consideration. The proposed ordinance has been reviewed by the City Attorney. The proposed ordinance would go into effect for new and expanded loads on Tuesday, January 2, 2013. In summary, a NLSL could either result in significantly more expensive retail rates for the new customer or a modest retail rate impact for all other customers. The issue presents the classic policy trade -off between encouraging economic development by providing competitive rates for NLSL's, or making new customers face the marginal power supply costs that they impose on the City's Electric Utility. Staff seeks the recommendation of the Utility Advisory Committee to City Council to forward a favorable recommendation to City Council to conduct a first reading of the proposed New and Expanded Large Single Electrical Loads ordinance on January 17, 2012, and continue to February 7, 2012 for a second reading and adoption of the ordinance. Legal Draft 01.06 12 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, relating to Electricity Services and Charges; adding a new section 3.12.074 to Chapter 13.12 of Title 13 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Title 13 of the Port Angeles Municipal Code is amended by adding a new Section 13.12.074 to Chapter 13.12 to read as follows: Chanter 13.12 Sections: 13.12.010 13.12.020 13.12.021 13.12.025 13.12.030 13.12.040 13.12.041 13.12.042 13.12.043 13.12.060 13.12.071 13.12.072 13.12.073 13.12.074 13.12.080 13.12.100 13.12.110 ELECTRICITY SERVICES AND CHARGES General Provisions Applicable to All Service. Uniform Electric Rate. Point of Delivery. Rate Class Assignment. Schedule R -03 Residential Service. Schedule GS -03 General Service. Schedule GD -03 General Service Demand. Schedule NP -03 Nonprofit Tax Deductible. Schedule GD -04 General Service Demand Primary Metered. Schedule PS -03 Primary Service. Schedule IT -03 Industrial Transmission. Schedule L -03 Lighting. Schedule MW -03 Municipal Water Pumping. New or Expanded Loads Contract Sales and Purchases. Electrical Work Permits and Fees. Contract and Administration Charge. Legal Draft 01.06.12 13.12.074 New or Expanded Loads A. Definitions. For purposes of this section, the following definitions apply: "New Load" means a General Service Demand or Primary Service account that is first connected to the electrical distribution system after December 31, 2012 and that is equal to or exceeds 2 MW. "Expanded Load" means a General Service Demand or Primary Service account previously connected to the electric distribution system that is increased in an amount equal to or exceeding 1 aMW when compared to the customer's monthly energy and demand consumption during calendar year 2011. A New Load can also have an Expanded Load component subject to this section. B. Applicability. This section applies to all New Loads and all Expanded Loads. This section does not apply to loads designated by the City or the Bonneville Power Administration as New Large Single Loads as defined by the Bonneville Power Administration in their New Large Single Load Policy document, dated April 2001. This section also does not apply to loads that are served under Section 13.12.071 of Title 13 of the Port Angeles Municipal Code. Except as provided in paragraph C. 2. below, sections 13.12.041, 13.12.043, and 13.12.060 do not apply to New Loads and do not apply to the portion of any load that is an Expanded Load. C. New Loads. After December 31, 2012, a New Load shall be charged the following rates and charges based on the energy and demand usage for each month as measured by the account meter. 1. Uniform Rate. New Loads will be charged the cost of generation and transmission services incurred for such service by the City from the Bonneville Power Administration under the Priority Firm Public Rate, Tier 2 Charges, including without limitation the charges for Unanticipated Load Service as defined in the BPA Administrator's Record of Decision for the BP -12 Rate Adjustment Proceeding and the 2012 Power Rate Schedules and General Rate Schedule Provisions (FY2012- 2013). The City in its sole discretion shall have the right to determine what Tier 2 rate alternatives it procures from the Bonneville Power Administration. 2. Basic Charge. A basic charge in accordance with Section 13.12.041, 13.12.043, or 13.12.060 of this Chapter shall apply to New Loads. 3. Distribution Charge. A distribution charge determined by multiplying 0.40 times the sum of items 1 -2 shall apply to New Loads. -2- Legal Draft 01 06 12 D. Expanded Loads. After December 31, 2012, any customer with an Expanded Load shall be charged on the Expanded Load the following rates and charges based on the energy and demand usage for each month as measured by the account meter. 1. Uniform Rate. The customer's monthly energy and demand consumption in excess of its energy and demand consumption in the same calendar month in calendar year 2011 will be charged the cost of generation and transmission services incurred for such service by the City from the Bonneville Power Administration under the Priority Firm Public Rate, Tier 2 Charges, including without limitation the charges for Unanticipated Load Service. The City in its sole discretion shall have the right to determine what Tier 2 rate alternatives it procures from the Bonneville Power Administration. The customer's monthly energy and demand consumption that is equal to or less than its energy and demand consumption in the same calendar month in calendar year 2011 shall be charged as determined by the Director in accordance with Section 13.12.041, 13.12.043, or 13.12.060 of this Chapter. E. Other Applicable Charges and Adjustments. The following charges and adjustments shall be applied to any New Load or any Expanded Load served under this schedule. 1. Diurnally Differentiated Rate. If the City can procure power from the Bonneville Power Administration under the Priority Firm Public Rate, Tier 2 Charges, with deliveries differentiated diurnally, the City may in its sole discretion offer service hereunder that is diurnally differentiated. 2. Adjustments to Rate. The City may reduce the rate applicable to a New Load and/or an Expanded Load under this schedule, as a part of the annual budget process or at such other time as the City deems appropriate, if the City determines in its sole discretion, by use of a cost of service analysis or other accepted econometric methods, that the economic impact within the City of the New Load and/or Expanded Load will generate additional revenues for the City such that an adjustment to the rate applicable to a New Load and/or an Expanded Load under this schedule will not increase result in shifting service costs to other City electric customers. 3. Transmission Charges. The monthly wholesale transmission costs to the City, including energy, demand and any other charges incurred by the City to provide service to an account for a New Load or an Expanded Load under this schedule. 4. Charges and Credits. Any other wholesale generation or transmission charges or credits accrued by the City to provide service to a New Load or an Expanded Load under this schedule. -3- Legal Draft 01 06 12 5. Taxes. An amount calculated to recover the actual tax obligation of the Electric Utility and City for State Public Utilities tax and City Public Utility tax and any other applicable taxes. Section 2 Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 3 Severabilitv. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4 Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of 2012. MAYOR, CHERIE KIDD ATTEST: APPROVED AS TO FORM: Janessa Hurd, City Clerk William E. Bloor, City Attorney PUBLISHED: 2012 By Summary -4- )ORT W A S H I N G T O N U. S. A, Utility Advisory Committee Memo Date: January 10, 2012 To: Utility Advisory Committee From: Larry Dunbar, Deputy Director of Power Systems Subject: Western Public Agencies Group Consulting Agreement Summary: The Western Public Agencies Group represents the interests of its electric utility members before the Bonneville Power Administration. Each year they propose an agreement and scope of services to its members. The City's share of the 2012 proposed scope of work is $14,838 out of the total membership cost of $315,000. Recommendation: Forward a favorable recommendation to City Council to authorize the City Manager to sign an agreement with EES Consulting, Inc., and Marsh Mundorf Pratt Sullivan McKenzie in an amount not to exceed $14,838.00 for Western Public Agency Group 2012 membership dues. Background /Analysis: The Electric Utility is a member of the Western Public Agencies Group (WPAG) along with twenty other publicly owned electric utilities. WPAG members serve more than 400 thousand customers and purchase more than 11 billion kilowatt hours from the Bonneville Power Administration (BPA). WPAG represents the interests of its members before BPA, and has intervened in every major BPA rate proceeding since 1980. EES Consulting, Inc., provides WPAG engineering and financial services, and legal services are provided by Marsh Mundorf Pratt Sullivan McKenzie. Each year WPAG proposes an agreement and scope of services to its members, which is allocated to each utility based on average customers, energy sales, and capital investments. The City's share of the 2012 proposed scope of work is $14,838 out of the total membership cost of $315,000. The cost of the proposed services is below the amount included in the 2012 Electric Utility budget. A copy of the proposed scope of services and contracts are attached. It is recommended that City Council authorize the City Manager to sign the agreement with EES Consulting, Inc., and Marsh Mundorf Pratt Sullivan McKenzie in an amount not to exceed $14,838.00 for Western Public Agency Group 2012 membership dues. Attachment: Proposed WPAG Scope of Services and Contracts for 2012 N \UAC \Final \WPAG Consulting Services Agreement docx EES December 12, 2011 Mr Charles Dawsey Benton Rural Electric Association Post Office Box 1150 Prosser, WA 99350 Mr Doug Nass Clallam County PUD Post Office Box 1090 Port Angeles, WA 98362 Mr Wayne Nelson Clark Public Utilities Post Office Box 8900 Vancouver, WA 98668 Mr Bob Titus City of Ellensburg 420 North Pearl Street Ellensburg. WA 98926 Mr Rick Lovely Grays Harbor County PUD P O Box 480 Aberdeen, WA 98520 Very truly yours, Consulting SUBJECT: Proposed WPAG Scone of Services and Contracts for 2012 Dear Ladies and Gentlemen: Attached please find consulting and legal contracts from Terry and me for the 2012 scope of services for the Western Public Agencies Group (WPAG). In recognition of the difficult economic times, the proposed total 2012 budget (including base amount, supplemental rate case and out of pocket costs) has been reduced by $75,000 compared to the 2011 budget. If these contracts are acceptable, please sign and return one copy of each contract for our files. Thank you for allowing EES Consulting and Marsh, Mundorf, Pratt, Sullivan McKenzie (MMPS &M) to serve you for another year. Please call Terry or me if you have any questions. c Gary S. Saleba President 570 Kirkland Way, Suite 200 Kirkland, Washington 98033 Mr Bob Geddes Lewis Comity PUD Post Office Box 330 Chehalis, WA 98532 Ms Steve Taylor Mason County PUD No 1 North 21971 Highway 101 Shelton, WA 98584 Ms Wyla Wood Mason County P U D No 3 Post Office Box 2148 Shelton, WA 98584 Mr Doug Miller Pacific County P U D Post Office Box 472 Raymond, WA 98577 Mr Larry Dunbar City of Port Angeles P O Box 1150 Pon Angeles, WA 98362 Telephone: 425 889 -2700 Facsimile. 425 889 -2725 A registered professional engineering corporation with offices in Kirkland, WA; Portland, OR; and Bellingham, WA Mr Chuck Ward Krttitas County PUD 1400 East Vantage Highway Ellensburg, WA 98926 Mr Robert Gentry Skamama County PUD P 0 Box 500 Carson. WA 98610 Mr David Tramblie Wahkiakum County PUD P O Box 248 Cathlamet, WA 98612 Mr Terry Huber Pierce County Cooperative Association c/o Town of Stedacoom 1030 Roe Street Steilacoom, WA 98388 Western Public Agencies Group December 12, 2011 Page 2 cc. Dan Sharpe, Alder Mutual Light Company Gary Armstrong, Town of Eatonvtlle Daniel Brooks,Elmhurst Mutual Power Light Robin Rego, Lakeview Light Power Company Lettncia Neal, City of Milton Isabella Deditch, Ohop Mutual Light Company Mark Johnson, Parkland Light Water Company Mark Burlingame, Town of Stedacoom Terry Mundorf, MMPS &M Western Public Agencies Group 2012 Scope of Services and Budget EXHIBIT A The Western Public Agencies Group (WPAG) comprises 21 publicly owned utilities in the state of Washington: Benton REA, Clallam County P.U.D. No. 1, Clark Public Utilities, the City of Ellensburg, Grays Harbor P.U.D. No. 1, ICittitas County P.U.D. No. 1, Lewis County P.U.D. No. 1, Mason County P.U.D. No. 1, Mason County P.U.D. No. 3, Pacific County P.U.D. No. 2, Skamania County P.U.D. No.1, Wahkiakum County P.U.D. No. 1, the City of Port Angeles, and members of the Pierce County Cooperative Power Association, which includes Alder Mutual Light Company, the Town of Eatonville, Elmhurst Mutual Power and Light Company, Lakeview Light and Power Company, the City of Milton, Ohop Mutual Light Company, Parkland Light and Water Company, and the Town of Steilacoom. Together the WPAG member utilities serve more than one million customers and purchase more than 6 billion kilowatt -hours from the Bonneville Power Administration (`Bonneville each year under both Load Following and Slice /Block Contracts. WPAG member utilities also own or receive output from more than 400 megawatts of non Bonneville generation and purchase more than 300 megawatts of power from sources other than Bonneville. WPAG members are generally winter peaking utilities with lower annual load factors. WPAG members' similar characteristics have caused them to join together to represent their interests before Bonneville, and in other regional and national forums since 1980. WPAG has intervened as a group in every major Bonneville rate proceeding since enactment of the Pacific Northwest Electric Power Planning and Conservation Act of 1980. WPAG's interests have also been represented in Congress, before the Northwest Power Planning Council, and in other regional forums. The scope of services presented here includes areas that various other organizations, of which WPAG members might also be members, cannot advocate for WPAG members due to conflicts of interest within those organizations, lack of staff resources or subject area expertise. WPAG thus fills a need that is unmet by membership in the Public Power Council, the Northwest Public Power Association, the Pacific Northwest Utilities Conference Committee and other similar groups. Scope of Services The 2012 scope of services for WPAG is proposed as follows: General WPAG Activities and Meetings During 2012, EES Consulting and MMPS &M will monitor and comment on regional and federal activities of specific interest to WPAG members not covered adequately by other public power organizations of mutual interest and relevance. Monthly meetings will be held to brief WPAG members on these activities. Regional Activities WP -14 Rate Proceedings and Related Processes Issues Identified for Workshops EXHIBIT A BPA will conduct both planning workshops and public processes during 2012 to prepare for a combined power and transmission rate proceeding that will set rates for the next two year rate period. These will present issues in both the power and transmission areas, as well as specific issues identified for workshop treatment prior to the next rate proceeding, as described below. Montana Intertie During the last rate case, Montana wind interests made a concerted effort to have the Montana Intertie rolled into the BPA main grid. While the direct cost impacts of this action are minimal, the long term impacts of adding another area of substantial wind resource development to the Federal transmission system are more troubling. The concern is that this action will stimulate requests for BPA to use Federal base system resources to integrate these resources, further straining the Federal base system and its ability to serve preference customer loads. This issue will be decided in workshops, the first of which is scheduled for December 2012. WPAG will oppose any treatment of the Montana Intertie that will result in any increase in the use of Federal base system resources for purposes other than serving preference customer load. This will be staffed primarily by MMPS &M. Cost Allocation To NT and PTP Transmission Rates In the last rate case, Snohomish PUD asserted that BPA's allocation of costs between NT and PTP rates did not recognize the full costs of services provided to NT customers, to the detriment of PTP customers. Snohomish has been joined by Seattle and Tacoma and has continued 10 pursue this issue. BPA has already held one rate case workshop on this matter. BPA's current allocation approach reasonably replicates the method recommended by the FERC in conjunction with the OATT, and is similar to that used by regional IOUs. It appears that Snohomish PUD, as a PTP customer, is seeking to shift costs from the PTP rate to the NT rate in a manner that is not cost justified. WPAG will oppose efforts to shift costs between transmission rates in a manner that is not cost justified and will support efforts 10 A -2 v Other BPA 2012 Proceedings EXHIBIT A fairly allocate costs between NT and PTP rates. This will be staffed by EES Consulting and MMPS &M. Rate Case Process At the last rate case, WPAG urged BPA to undertake an effort to streamline the rate case process to make it faster and more efficient. BPA has commenced a process to determine if there are ways that the rate case process can be streamlined. There is a potential for savings here if the rate case process, which will occur every two years under the TRM, can be materially shortened. WPAG will participate to advocate changes in the process that will shorten the rate case process while preserving legal and procedural rights. This will be staffed MMPS &M. Rate Case Workshops It has been BPA's practice to commence the rate case workshop process in the fall of the year preceding the year in which the rate case is held. This means that the BPA rate case workshops for the 2014 rate proceeding will commence in September /October of 2012. In these workshops, BPA routinely solicits customer input on new issues, and is at its most receptive to customer ideas. WPAG will use this opportunity to urge BPA to begin the process of retrieving capacity from non- preference customers for use in serving preference customer loads, and to abandon the preferential allocation approaches it has used to shelter wind generation from the true costs of the service they receive. This will be staffed by EES Consulting and MMPS &M. BPA has already commenced a number of proceedings, and will commence some additional ones during 2012, that will have long -term impacts on preference customers. WPAG will participate in the following BPA processes. Capital Spending BPA has determined that it will run out of borrowing authority well before it expected to when it received its last allocation of borrowing authority. This issue has both short term impacts that will be felt in the rate case, as well as longer term impact in how BPA sets priorities for capital projects, and what steps it will take to extend the borrowing authority that remains. This is a complex and important process that will impact the costs of both power and transmission for years to come. BPA will be discussing the implications of this issue in a number of processes, and has already held public meeting to introduce this issue. WPAG will participate in these processes and will advocate the use of reasonable approaches that extend the existing borrowing authority as long as possible to forestall going to Congress for additional borrowing authority. WPAG will also urge BPA to give priority access to available capital to projects that provide service to preference customers, and to establish an ongoing process involving customers to ensure that the remaining borrowing authority is wisely and appropriately used in the future. The first meeting on this topic is scheduled for January 30, 2012. This will be staffed by MMPS &M. Environmental Redispatch Recently, wind generation interests filed a petition with the FERC alleging, inter alia, that the application of BPA's Environmental Redispatch ROD did not provide comparable service, and also filed petitions for review A -3 EXHIBIT A in the 9 Circuit seeking legal review of BPA's Environmental Redispatch ROD. WPAG filed comments with the FERC defending BPA's Environmental Redispatch ROD, and also filed its own petition in the 9th Circuit. The petitions in the 9 Circuit are still pending. However, the F ERC has just ruled in favor the petitioning wind interests, finding that BPA's Environmental Redispatch ROD does not provide comparable service, and gave BPA 90 days to formulate a new policy. BPA had been attempting to forge a settlement with the wind interests, the IOUs and certain preference customers. It is expected that BPA will commence a more public process to formulate its response to the FERC. WPAG will participate actively in this process to ensure that the FBS resources are reserved for preference customer use, and that all customers (including wind customers) pay the costs that BPA incurs to serve them. We will also be vigilant that BPA does not take, or agree to take, actions that exceed its statutory authority. This will be staffed by EES Consulting and MMPS &M. BOATT Process BPA is currently conducting a process to revise its open access transmission tariff. As originally envisioned, this process was to merely update the BPA OATT. However, the objective of this process recently changed to the formulation of a BPA OATT that would be sufficiently compliant with FERC policies to qualify as a reciprocity tariff. This shift means, in effect, that BPA is seeking to become more compliant with the manner in which the FERC wants transmission service to be provided. At this juncture, it is unclear whether this shift will endanger provisions of the current BPA OATT that provide regional benefits, such as the short distance discount. WPAG will continue to monitor this activity with an eye to preserving those aspects of the current BPA OATT that are beneficial to BPA's preference customers. This will be staffed by MMPS &M. Precedent Transmission Service Agreement Process BPA has signed a number of precedent transmission service agreements with wind project developers which commit it to providing transmission service to these projects once they are completed. Many of these developers now seek to either terminate these agreements with BPA, or to delay for an extended period the commencement of service. This raises a number of issues: what conditions (if any) should BPA impose on developers seeking to terminate these agreements in order to hold other transmission customers harmless; how should the transmission capability made available by the termination of these agreements be used; and what changes should BPA institute in order to avoid making such commitments in the future. WPAG has already submitted comments on these and other topics in thi s proceeding, and will continue to actively participate in order to ensure that unnecessary costs are not imposed on preference customers. This will be staffed by MMPS &M. BPA Network Open Season Process It is generally agreed that the network open season process that BPA has employed has not been a success, and that a revision of this process could benefit the agency and its transmission customers. However, BPA is reluctant to undertake this process until it deals with the issues presented by the PTSA proceeding. WPAG will participate in the NOS revision process with the intention of improving its operation from the point of view of the preference customers. In particular, the availability of transmission capability for both Tier 2 non federal resources and for A•4 EXHIBIT A preference customer load service will be areas of emphasis. This will be staffed by EES Consulting and MMPS &M. Network Transmission Service Process At the insistence of WPAG and other preference customers taking NT service, BPA has agreed to initiate an intensive process with NT customers to address concerns and issues regarding access to and availability of transmission capability for resource and load service for NT customers. It will include issues such as how is transmission capability ear marked for NT customers, how is such capability made available to NT customers, and can NT customers get access to transmission without getting in line behind all the wind generators. WPAG will participate actively in this process, which will commence in late December of 2012. This will be staffed by MMPS &M. Enerav Imbalance Market The Administrator recently called together various public power leaders (including WPAG) to discuss whether there was interest in exploring an energy imbalance market to address the need for imbalance energy by various output resources. While there was no great enthusiasm for this idea, there was no objection to an initial exploration either. However, as we have seen the development of markets has tended to cloud BPA's focus on its core task, ensuring inexpensive and reliable power supply for its preference customers. It is not clear it this initiative will go anywhere, but WPAG will track it to ensure that any market development is done in a manner that does not erode preference rights to the output of the FBS, or shift BPA's business focus in detrimental ways. This will be staffed by EES Consulting and MMPS &M. TRM Loose Ends and Revisions There have already been some changes to the TRM to correct errors and address omissions. In addition, there are a number of significant issues that were not satisfactorily resolved at the end of the Tier Rate Methodology process that BPA has agreed to revisit, including most importantly the issue of system obligations that BPA treats as off -the -top dedications to the Tier 1 system capability. Additionally, there are significant issues that will arise as the TRM is actually translated into rates that will need to be dealt with in the next year. One such issue is the lack of any agreed upon methodology for determining the capability of the Tier 1 system, which impacts how much Tier 1 power is available to WPAG utilities. This will be staffed primarily by MMPS &M. Conservation BPA has been and will remain engaged in discussions regarding how conservation will be funded under the new TRM contracts and rates. The recent admission that BPA has significantly overspent its conservation budget, combined with its premature exhaustion of its borrowing authority, have brought to the fore the questions regarding BPA's desire to run all customer conservation through BPA programs. These events have renewed the desire among many preference customers be have the option of providing their own funding for conservation, not run these dollars through the BPA rates, and obtain thereby more flexibility in how conservation and demand side programs are managed. This will make conservation and demand side more adaptable for meeting Tier 2 loads. WPAG A -5 EXHIBIT A will work to ensure that current BPA funded programs will continue to be available to utilities that want to participate in them, and to give preference customers the flexibility of running their own conservation programs without running the funding through BPA. In addition, WPAG will work to ensure that conservation can be used as a Tier 2 resource for those who wish to do so. This will be staffed by EES Consulting and MMPS &M. Preference to FBS Canacitv BPA has been using increasing amounts of FBS capacity to integrate wind generation on the Federal transmission system. This capacity is deducted from the FBS capability made available to preference customers under Tier 1. For the near term, the primary impact of this activity is to reduce the secondary revenues available to BPA to reduce the PF rate by shifting secondary power sales from heavy load hours to light load hours. However, in the future this reduction in FBS capacity may impinge on service to preference customer loads under both load following and Slice contracts. WPAG will bring to the fore in the WP -14 rate proceeding workshops this misuse of FBS capacity, and assert our preference rights to this capacity. Vindication of these preference rights may require litigation. This will be staffed by MMPS &M. DSI Long -Term Contracts Alcoa has challenged BPA's recent Residential Exchange Settlement with the IOU's with the clear intention of using that suit as leverage to obtain a new, 20 year power supply agreement with BPA. Once again, this will raise issue regarding the cost of such service, the use of FBS resources to provide such service, and what impacts the foregoing will have on the Tier 1 rates paid by preference customers. It will also likely require BPA to negotiate a contract with the DSIs for the delivery of any such benefits. This effort to continue to support the DSIs will be aggressively opposed by WPAG. This will be staffed primarily by MMPS &M. 9 Circuit Petition for Review WPAG filed a petition for review in the 9th Circuit to question whether BPA's Environmental Redispatch ROD complied with the statutory provisions regarding the rights of preference customers to federal transmission. The recent issuance of the FERC order essentially invalidating the Environmental Redispatch ROD has shifted the center of activity from the 9th Circuit to the FERC on this topic. However, it this suit may yet provide a means of testing the legality of BPA's actions regarding the impacts of wind generation on the federal system. In the near term this petition is likely to be inactive, but that may change depending on how BPA reacts to the recent FERC order. WPAG will continue to keep this matter active until the resolution of the high wind/high water issues becomes clearer. This will be staffed by MMPS &M. Federal Energy Regulatory Commission BPA will need to take action in response to the recent order issued by the FERC, either by requesting rehearing, appealing the order, or attempting to formulate a new policy that will comply with the directions of the FERC order while at the same time complying with its A -6 EXHIBIT A statutory obligations. Regardless of what path or paths BPA chooses to follow, it is clear that there will be much activity in the region that will find its way back to the FERC. WPAG will work closely with other preference customers to defend the financial and operational interest of BPA, and ensure that the statutory rights of preference customers are not subordinated to the interests of non preference customers. At times, this may require WPAG to take positions that differ from those of BPA and other preference customers. EES Consulting and MMPS &M will continue to assist PPC in its efforts, and will monitor this process to see if WPAG direct participation is needed. In June 2007, under the direction of FERC, the North American Electricity Council (NERC) began enforcing electric reliability standards. As of that time utilities with greater than 25,000 customers are required to register with NERC and their regional reliability organization or the Western Electricity Coordinating Council (WECC) on the west coast of North America. EES Consulting has been monitoring and advising WPAG members on compliance issues since April of 2007. EES Consulting will continue to monitor compliance issues on behalf of WPAG members in 2011. EES Consulting will alert WPAG members of issues as they arise. To the extent that detailed analysis and /or representation is required by an individual WPAG member with respect to compliance issues, tasks will be completed and billed on an individual utility basis. Olympia Legislative Session EES Consulting and MMPS &M will monitor the activities of the 2012 legislature on behalf of WPAG's specific interests. Other Matters During the course of each year, matters arise that require WPAG attention to protect the interests of our customers. These matters are undertaken at the direction of the WPAG utilities. Budget The budget for the scope of services described above is calculated at the following billing rates for EES Consulting and MMPS &M: 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 or Engineer 140 per hour Analyst 135 per hour Clerical 120 per hour A -7 MMPS&M Principal $175 per hour Associate $170 per hour These billing rates will remain in effect through December 31, 2013. Project Staffing EXHIBIT A On the basis of the above billing rates, the 2012 labor budgets of EES Consulting and MMPS &M combined are estimated to remain at $200,000, which holds the line on budget increases. This labor budget will be split equally between EES Consulting and MMPS &M. In addition, an amount of $75,000 in supplemental funding has been provided to staff the WP -14 Power and Transmission rate cases workshops and related BPA processes. This is a $75,000 reduction to the overall 2011 WPAG budget. 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 $40,000 in total out -of- pocket expenses will be incurred for all work non -rate case elements in total. Out -of- pocket costs will be billed by whichever organization actually incurs the expense. The total estimated annual WPAG budget for 2012 is estimated at $240,000, and a supplemental budget of $75,000 for rate case activities. As always, the allocation of the budget among WPAG members is open to negotiation by the participants. We have attached an inter- utility allocation predicated on the most recent available utility data. After a discussion of the foregoing issue, a final budget by utility will be prepared. An example of the budget's allocation is attached at the end of this narrative. The staffing for these projects will be similar to that for past WPAG activities. Gary Saleba and Terry Mundorf will be the principal representatives for EES Consulting and MMPS &M, respectively, with Ryan Neale providing support for the activities of Terry Mundorf. Additional MMPS &M and EES Consulting staff will assist as needed. A- 8 Western Public Agencies Group Preliminary Indicative Budget for 2012 EES Consulting and Marsh Mundorf Pratt Sullivan McKenzie Source: 2010 -2011 Northwest Electric Utility Directory (NWPPA), 2003 EIA Form 412 2004 EIA Form 861, Utility Supplied Dsc.mbar 9, 2911 Total Budget Labor 200.000 Expenses 40,000 Total Allocation 240,000 BPA Rate Case 75,000 Supplemental Allocation 75,000 Average of Customers, Energy Sales and Investment Standard Supplemental Customers 1 Energy Sales 1 Net Investment 18.0% Budget Allocation Budget Allocation Without Cap Cap with Cao with Cap percent of percent of percent of percent of percent of number total kilowatt-hours total dollars total total total dollars dollars Individual Utilities Benton Elect= REA 14,592 3 4% 565,802,985 5 0% 93,440,576 7 6% 5 34% 7 06% 16,938 5,293 Clallam County PUD 30,031 7 0% 762,660,906 6 8% 106,596,449 8 7% 7 48% 9 93% 23,831 7,447 Clark Public Utilties 183,015 42 6% 4,946,000,000 43 9% 347,900,000 28 3% 38 27% 18 00% 43,200 13,500 City of Ellensburg 9,200 21 222,215,504 2 0% 26,419,391 21 2 09% 2 78% 6,670 2,084 Grays Harbor PUD 41,690 9 7% 978,550,115 8 7% 224,895,016 18 3% 12 22% 16 13% 38,720 12,100 Kittitas County PUD 4,252 1 0% 84,029,083 0 7% 18,356,529 1 5% 1 08% 1 42% 3,415 1,067 Lewis County PUD No 1 30,892 7 2% 933,660,601 8 3% 109,236,614 8 9% 8 12% 10 80% 25,921 8,100 Mason County PUD No 1 5,143 12% 70,296,782 0 6% 13,709,373 1 1% 0 98% 130% 3,119 975 Mason County PUD No 3 32,634 7 6% 660,405,008 5 9% 112,548,253 9 1% 754% 10 00% 23,995 7,499 Pacific County PUD No 2 17,091 4 0% 299,128,325 2 7% 38,651,128 31 3 26% 4 34% 10,423 3,257 City of Port Angeles 10,919 2 5% 689,775,650 6 1% 22,618,463 1 8% 3 50% 4 71% 11,305 3,533 Skamania County PUD No 1 5,791 13% 130,110,119 12% 16,602,110 1 3% 1 28% 1 71% 4,102 1,282 Wahkiakum County PUD No 1 2,404 0 6% 41,592,833 0 4% 7,363,612 0 6% 0 51% 0 68% 1,622 507 Pierce County Cooperative Power Association Alder Mutual Light Company 283 0 1% 4,787,000 0 0% 409,409 0 0% 0 05% 0 06% 152 47 Town of Eatonvdle 1,178 0 3% 27,271,397 0 2% 1,150,000 0 1% 0 20% 0 27% 657 205 Elmhurst Mutual Power and Light Company 13,884 3 2% 269,750,037 2 4% 30,050,620 2 4% 2 69% 3 59% 8.614 2,692 Lakeview Light and Power Company 11,434 2 7% 278,291,000 2 5% 29,018,475 2 4% 2 50% 3 33% 7,992 2,498 City of Milton 3,389 0 8% 62,183,202 0 6% 2,378,975 0 2% 0 51% 0 69% 1,654 517 OhopMutualLightCompany 4,189 10% 82,889,733 07% 8,969,611 07% 081% 109% 2,605 814 Parkland Light and Water Company 4,425 1 0% 118,504,536 1 1% 18,854,000 1 5% 1 20% 1 60% 3,833 1,198 Town of Steilacoom 2,816 0 7% 40,428,000 0 4% 1,571,502 0 1% 0 38% 0 51% 1,232 385 Subtotal Pierce County Cooperative Power Association 41,598 9 7% 884,104,905 7 8% 92,402,592 7 5% 8 3% 11 14% 26.739 8,356 Total 429,252 100 0% 11,268,332,816 100 0% 1,230,740,106 100 0% 100 0% 100 0016 240,000 75,000 CONSULTING SERVICES AGREEMENT EES CONSULTING, INC. Bulling 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 Pierce County Cooperative Association, c/o Mr Terry Huber, Town of Steilacoom, 1030 Roe Street, Steilacoom, WA 98388 (hereinafter "CLIENT I. SCOPE, COMPENSATION AND QUALITY OF CONSULTING SERVICES EES CONSULTING will provide the services and be compensated for these services as descnbed in Exhibit A, 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 January 1, 2012. 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 beneficianes 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. Workers Compensation and Employer's Liability Insurance as required by applicable state or federal law. II Comprehensive Vehicle Liability Insurance covering personal injury and property damage claims ansing from the use of motor vehicles with combined single limits of $1,000,000. 111. Commercial General Liability Insurance covenrg 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) arising 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, if 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 k ind and nature (including without limitation, court costs, expenses and reasonable attorneys' fees) ansing 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 attomeys' fees. 6. Termination of Agreement Either EES CONSULTING or CLIENT may terminate this Agreement upon thirty (30) days wntten 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. EES CONSULTING, INC By Gary Saleba Title. President Date. December 12, 2011 PIERCE COUNTY COOPERATIVE ASSOCIATION By Title Date' LEGAL SERVICES AGREEMENT THIS AGREEMENT is made between BENTON RURAL ELECTRIC ASSOCIATION, WASHINGTON; CITY OF PORT ANGELES, WASHINGTON; CITY OF ELLENSBURG, WASHINGTON; CITY OF MILTON, WASHINGTON; TOWN OF EATONVILLE, WASHINGTON; TOWN OF STEILACOOM, WASHINGTON; ALDER MUTUAL LIGHT COMPANY, ELMHURST MUTUAL POWER AND LIGHT COMPANY, WASHINGTON; LAKEVIEW LIGHT AND POWER COMPANY, WASHINGTON; OHOP MUTUAL LIGHT COMPANY, WASHINGTON; PARKLAND LIGHT AND WATER COMPANY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 1 OF CLARK COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 1 OF GRAYS HARBOR COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT OF KITTITAS COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 1 OF LEWIS COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 1 OF MASON COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 3 OF MASON COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 2 OF PACIFIC COUNTY, WASHINGTON, PUBLIC UTILITY DISTRICT NO. 1 OF SKAMANIA COUNTY, WASHINGTON; AND PUBLIC UTILITY DISTRICT NO. 1 OF WAHKIAKUM COUNTY, WASHINGTON (Public Utilities); and MARSH MUNDORF PRATT SULLIVAN McKENZIE (Attorney) for the provision of legal services and the payment of compensation as specified herein. WHEREAS, the Public Utilities presently purchase electric power from the Bonneville Power Administration (BPA) pursuant to wholesale rate schedules determined by BPA after public hearing pursuant to Section 7 of the Pacific Northwest Electric Power Planning and Conservation Act (Act); WHEREAS, BPA is considering adoption of various policies, rate forms and long -term contracts which would have a major impact on the wholesale rates of the Public Utilities, and WHEREAS, BPA is preparing to conduct hearings and public processes to decide issues which will affect Bonneville's wholesale rate schedules and Power Sales Contracts for the Public Utilities; and WHEREAS, the Public Utilities wish to actively participate in these hearings and processes to protect the interests of their ratepayers, and WHEREAS, the Public Utilities may wish to diversify their power supply sources, It is Therefore Agreed That: 1. The Attorney shall advise, assist and appear on behalf of the Public Utilities in hearings and public processes relating to issues set forth Exhibit A referenced herein attached and as directed by the Public Utilities. Page 1 of 2 2. Public Utilities shall compensate the Attorney for these services at an average hourly rate not to exceed $175.00. Out -of- pocket expenses, such as telephone, telecopy, copying and postage, and reasonable and necessary travel expenses shall be in addition to the hourly rate. The Attorney shall send each of the Public Utilities an itemized statement for legal services rendered and out -of- pocket expenses on a monthly basis. 3. The Attorney fees and out -of- pocket expenses incurred hereunder shall be divided among the Public Utilities according to the formulas attached in Exhibit A. 4. The activities encompassed by this Agreement are set forth in Exhibit A attached hereto. No other activities shall be undertaken without prior authorization of the Public Utilities. It is understood that the length and amount of work necessary in these proceedings is unique and the cost may exceed these estimates. 5. Files of the Attorney relating directly to the foregoing legal services shall be available for examination by the authorized representative of the Public Utilities or their attorneys and shall, upon reasonable request, be turned over the Public Utilities if the Attorney ceases to act as attorney for the Public Utilities. 6. Because the attorney client relationship is dependent upon mutual trust and full confidence, an individual Public Utility, the Public Utilities collectively, or the Attorney may terminate this Agreement at any time upon written notice. Date: December 12. 2011 Date: MARSH MUNDORF PRATT SULLIVAN McKENZIE By: r< 2 4 Terence L. Mundorf UTILITY By: Manager Page 2 of 2 N \UAC\Final \Shared RCM Program Interlocal Agreement docx W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: February 9, 2010 To: Utility Advisory Committee From: Phil Lusk, Power Resources Manager Subject: Shared Resource Conservation Manager Interlocal Agreement Summary: The Shared Resource Conservation Manager Program was initiated two years ago through an Interlocal Agreement with Clallam County as the lead agency. The Program's purpose is to assist cities and counties in establishing and implementing long -term energy efficiency strategies. The RCM Program is near the end of its two -year term and at this time it is not anticipated that its goals will be achieved. Recommendation: For information only, no action requested. Background /Analysis: The Shared Resource Conservation Manager (RCM) Program is sponsored by the Washington State Department of Commerce and is administered by Washington State University's Extension Energy Program with Clallam County as the lead agency. In addition to the City and Clallam County, the Program's other partners include Olympic Medical Center, Clallam Transit Authority, and the City of Sequim. The Program's purpose is to assist cities and counties in establishing and implementing long -term energy efficiency strategies. Since the execution of the Interlocal Agreement, the sponsor has provided a grant of $75,000 to Clallam County, which offset about 40% of the cost of the program for the initial two year period. The partner's cost -share was estimated to be $125,000, and was allocated on a proportional basis based on the annual electricity consumption at the partner's facilities. The City's share of the costs were estimated to be $43,500, with all expenses being paid out of the conservation fund. Actual City expenses through the third quarter of 2011 have totaled $21,292. The RCM Program goals were to provide the City at least a 5% overall savings on its own utility bills beginning in the first year. As the City's electric utility expense for its facilities exceeds $700,000 /year, a 5% savings should have amounted to about $35,000 /year. However, no savings have yet been recorded by the City as a result of RCM Program. Additionally, Clallam County has advised staff that they may not support additional funding for this position unless another grant is obtained. Adequate City funding was included in the 2012 budget to support the RCM Program through its April 30, 2012 term. Absent a future grant, it appears that a renewed Interlocal Agreement for the RCM Program may not be offered to the City. CITY OF W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: January 10, 2012 To: Utility Advisory Committee From: Phil Lusk, Power Resources Manager Subject: Simple Steps, Smart Savings Promotion Services Agreement Summary: The City has been offered a new Agreement to deliver energy efficient compact fluorescent lamps and showerheads to the City's low- income customers as a component of the upcoming expanded Low Income Weatherization Project. All City expenses would be eligible for reimbursement under the Bonneville Power Administration's energy conservation program. Recommendation: Forward a favorable recommendation to City Council to authorize the City Manager to sign the Simple Steps, Smart Savings Promotion Services Agreement and Project Orders 1 and 2 in an amount not to exceed 104,000, and for the City Manager to make minor modifications to the Agreement, if necessary. Background /Analysis: On April 20, 2010, City Council approved the current agreement which expires on January 31, 2012, the proposed agreement provides continuing services through January 31, 2014. The proposed Project Orders 1 and 2 would include the installation of approximately 9,000 compact fluorescent lamps and 396 low-flow showerheads at 300 of the Cities' low- income customers who apply for our Low Income Weatherization project. These products will lower the electrical demand for our utility customers through reduced consumption. Another benefit will be the development of "snapshot" audits of the homes where these products are installed. These snapshot audits will provide the City with critical information in regards to structural soundness and weatherization opportunities. The snapshot audit will be required for customers to participate in the Low Income Weatherization project. All City expenses are eligible for reimbursement under the BPA's energy conservation program. The proposed Agreement and Project Orders are attached. Staff requests that the Utility Advisory Committee forward a favorable recommendation to City Council to authorize the City Manager to sign the Simple Steps, Smart Savings Promotion Services Agreement and Project Orders 1 and 2 in an amount not to exceed 104,000, and for the City Manager to make minor modifications to the Agreement, if necessary. Attachment: Proposed Simple Steps, Smart Savings Promotion Services Agreement Project Proposed Project Orders 1 and 2 N \UAC \Final\Simple Steps Smart Savings Promotion Project Order 3 32 docx Simple Steps, Smart Savings. Promotion Services Agreement This Promotion Services Agreement "Agreement is entered into as the day of 2012 between City of Port Angeles, 321 East 5 Street, Port Angeles, Washington 98362 and Fluid Market Strategies 625 SW Broadway, Suite 300, Portland, Oregon 97205, hereinafter called "Contractor City of Port Angeles and Contractor may also hereinafter be referred to individually as, "Party or collectively as, "Parties This Agreement shall remain in force only for the duration of the period specified below, unless extended in accordance with this Agreement (Term). All obligations incurred under this Agreement shall survive the Term until satisfied. Project Name Contract Period Client Name Client Representative Telephone Number Address City, State, Zip Contractor Name Telephone Number Address City, State, Zip Taxpayer Identification Number Exhibit A Project Orders Incorporated Documents, if any Simple Steps, Smart Savings. February 1, 2012- January 31, 2014 City of Port Angeles Joey Currie 360 417 -4715 321 East 5 Street Port Angeles, Washington 98362 Fluid Market Strategies 503 808 -9003 625 SW Broadway, Suite 300 Portland, Or. 97205 20- 3767308 The following Exhibits to this Agreement, if any, are by this reference incorporated into and made part of this agreement by the following attachments: 1. Scope of Services This agreement sets forth the terms and conditions which shall govern services that from time to time, during the Term hereof, may be requested by City of Port Angeles and agreed to by Contractor (the "Services However, execution of this Agreement does not obligate either Party to request or perform any specific services. City of Port Angeles makes no representation to Contractor of the amount of Services, if any, which may be requested from Contractor under this Agreement. This Agreement covers the services specified in Exhibit A Project Orders, which is hereby included and made a part of this Agreement. The Contractor agrees to perform the services specified in Exhibit A in the manner and within the time specified therein. Except as expressly provided elsewhere in the Agreement, any and all modifications or revisions to Exhibit A 1 (including, but not necessarily limited to, additions, deletions, and extensions) must be in writing and signed by both parties. The scope of services offered by Fluid enable City of Port Angeles to customize promotional delivery mechanisms for the Simple Steps, Smart Savings Promotion in their service territory. These promotions include retail markdown promotions, builder channel promotions, direct mail fulfillment, online fulfillment, bulk purchase, and direct installation opportunities of the following products: Twist CFLs: Regular Twists, Daylight Twists, A -Lamps Specialty CFLs: Reflectors, Globes, Candelabras, Torpedoes, Outdoor Lighting Fixtures: Indoor Hard -Wired Fixtures Showerheads: 2.0 GPM or less Participation in any or all of the delivery mechanisms is determined by City of Port Angeles and agreed upon with individual purchase orders (Exhibit A). Each purchase orders will define the process and fees associated with the approved delivery mechanisms in which City of Port Angeles agrees to by signing the agreement and individual purchase orders. 2. Term of Agreement The effective date of this Agreement (Term) is February 1, 2012 and continues in effect until the 31st of January, 2014, unless the Parties agree in writing to extend the Term, or unless this Agreement is earlier terminated in accordance with the Early Termination provisions below. 3. Compensation and Payment The Parties shall specify in each Project Orders executed pursuant to this Agreement the method of compensation and manner of payment for Services provided pursuant to this Agreement the method of compensation and manner of payment for Services provided pursuant to that specific Project Orders. Compensation shall be determined on the basis of the administrative fee and unit prices. Such rates or prices shall be specified in each Project Orders along with any not -to- exceed amount applicable to the Services. Payment for services pursuant to a Project Orders shall be made as follows: a) Upon completion of the Services described herein, Contractor shall submit a monthly invoice with attached expenses to City of Port Angeles and to the attention of: City of Port Angeles Attn: Joey Currie 321 East 5 Street Port Angeles, Washington 98362 2 The invoice must be itemized to show incentives processed and related administrative fees charged. City of Port Angeles will pay the undisputed portion of the invoice within thirty (30) days of the receipt. 4. Documentation The Contractor shall maintain records documenting all fees and expenses in excess of $75.00, incurred either by Contractor or any subcontractor of Contractor in the performance of this Agreement. During regular business hours and upon reasonable notice, City of Port Angeles, or its designee, shall have the right to inspect and audit all records required to be maintained under this Agreement. i 5. Insurance The Contractor, and any subcontractor engaged by Contractor in its performance of this Agreement, shall carry and maintain fully paid commercial general liability, automobile liability and workers compensation insurance. All policies shall be written only by insurers admitted to do business in Washington and having a rating of at least "A" and a financial rating of at least "VIII" on the most current edition of Best's Key Rating Guide or comparable rating by another generally recognized rating agency. All policies shall be endorsed to (a) specify City of Port Angeles as an additional insured to the full extent of its right to indemnification under this Agreement, and (b) provide that City of Port Angeles shall be given no less than thirty (30) days advance written notice of cancellation or material change in coverage. Certificates of insurance shall be sent to City of Port Angeles before work begins. Contractor shall obtain the following minimum insurance coverage "Required Insurance prior to the Effective Date, at its expense, and keep the Required Insurances in effect during the Term (except with respect to Professional Liability Insurance, when they shall be kept in effect for a period of the Term plus two years); Workers' Compensation Insurance in compliance with statutory requirements; Commercial General Liability Insurance (including contractual liability), on any occurrence basis, with not less than $1,000,000 per occurrence for bodily injury and property damage liability, with an annual aggregate limit of $2,000,000; Professional Liability Insurance, including errors and omissions coverage, with a per occurrence and aggregate limit of not less than $1,000,000, to protect against all loss suffered by City of Port Angeles or third parties, including financial and consequential loss, caused by error, omission, or negligent acts related to provision of the Services; Commercial Automobile Liability Insurance, with a combined single limit, or the equivalent of not less than $1,000,000 per occurrence, for bodily injury and property damage with respect to Contractors vehicles, whether owned, hired, or non owned, assigned to, or used by Contractor in connection with the Services; and 3 The Required Insurances shall be with insurance companies admitted to do business in the state of Washington and rated "A" or better by Bests Insurance Rating. Contractor shall furnish City of Port Angeles with certificates of insurance for each of the Required Insurances. The Commercial General Liability and Commercial Automobile Liability shall (1) name City of Port Angeles, its directors, offices, and employees, as additional insured, (ii) provide that it is primary insurance with respect to the interests of City of Port Angeles and that any insurance maintained by City of Port Angeles is excess and not contributory, and (iii) include a cross liability and severability of interest clause. 6. Safety Contractor will be solely and completely responsible for the training of its employees, agents and contractors "Personnel and the conditions of the work site, including safety of all persons and property during the performance of services. 7. Governing Law, Venue and Attorney's Fees The laws of the State of Washington shall govern this agreement. Exclusive venue in case of legal suit or action is instituted to enforce compliance with any terms, covenants, or conditions of this agreement shall lie in Multnomah County Washington. Both parties agree to submit to the personal jurisdiction of any court of competent subject matter jurisdiction in Multnomah County Washington. In the event of legal suit or action, including any appeals there from, brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall reimburse the prevailing party for its reasonable attorney fees and costs incurred in the suit or action including investigation costs, expert witness fees and costs of depositions. If any part of this agreement is found to be in conflict with applicable laws, such parts shall be inoperative, null and void so far as it is in conflict with said laws, but the remainder of this agreement shall be in full force and effect. 8. Good Faith Negotiation /Mediation Prior to filing suit or initiating arbitration on any dispute, which arises between the Parties under or relating to this Agreement, the Parties agree to attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved through good faith negotiation, the Parties agree to hire an independent, trained and mutually acceptable mediator to mediate the dispute. The cost of the mediator will be shared equally by the Parties. The mediation shall be conducted at City of Port Angeles, Washington. 9. Suspension of Work by Utility City of Port Angeles may suspend, in writing, all or a portion of Contractors services under Exhibit A in the event unforeseen circumstances make normal progress in the performance of the Contractors work inadvisable in the opinion of City of Port Angeles. Contractor may request that the work be suspended by notifying City of Port Angeles, in writing, of circumstances which are interfering with normal progress of the work. The time for completion of the remaining work shall be extended by the number of days the work is suspended by City of Port Angeles, unless both parties can mutually agree upon a new completion time. In the event the period of suspension exceeds 90 days, the terms of this Agreement shall be subject to renegotiation; provided, however, that if such renegotiation of a mutually acceptable replacement contract has 4 not occurred within 180 days after suspension (Renegotiation Period), then either party may terminate this Agreement in accordance with the early termination provision hereof, provided further, that the failure to renegotiate this Agreement within the Renegotiation Period shall not be construed as a breach of the Agreement by either Party. 10. Suspension of Work by Contractor Contractor may suspend, in writing, all or any portion of its services under this Agreement, but only if and to the extent City of Port Angeles, fails to make timely payment in accordance with the terms of this Agreement. City of Port Angeles, shall have a period of sixty (60) days from the date on which payment was due (Cure Period) within which to satisfy any arrearages in payment. Contractor shall resume performance of any suspended services upon receipt of payment of any arrearages from City of Port Angeles, within the Cure Period. 11. Early Termination Either party shall have the right, but not the obligation, to terminate this Agreement, on sixty (60) days written notice, in the event the other party's service or performance fails to conform to the requirements of this Agreement. Contractor shall have the right, but not the obligation, to terminate this Agreement, effective upon expiration of the Cure Period, in the event City of Port Angeles, fails to pay any arrearage within the Cure Period. Either party shall have the right but not the obligation, to terminate this Agreement in the event work is suspended under this Agreement for a period in excess of 90 days and no renegotiation of this Agreement has occurred within the Renegotiation Period. Any right of early termination shall be in addition to, not in replacement of, any and all rights and remedies a party may have for breach of the Agreement by the other Party. 12. Subcontractors Contractor may contract with one or more qualified subcontractors (Subcontractor Agreement) to perform a portion of the services specified in the Scope of Work; provided, however, that Contractor shall remain solely responsible to City of Port Angeles, for all performance under this Agreement and, provided further, that City of Port Angeles, shall have no responsibility for the review or supervision of the work of any subcontractor or for any payment to any subcontractor. All subcontractor agreements shall require the subcontractor to comply with the invoicing, insurance, suspension of work, audit, documentation, confidentiality and return of records obligations imposed on Contractor by this Agreement. No subcontractor shall be deemed to be a third party beneficiary of this Agreement or to have any other rights under this Agreement. 13. Relationship of Parties Contractor is an independent contractor, and this Agreement is not intended to form a partnership or joint venture between the Parties. Individuals employed by Contractor are not employees or agents of City of Port Angeles, nor are Contractors subcontractors employees or agents of City of Port Angeles. Each Party is solely responsible for payment of compensation to its employees and personnel and will withhold and pay to the appropriate authorities all taxes, contributions, and assessments imposed or required under all laws with respect to payment. The Contractor will require these terms in all agreements with subcontractors for work undertaken for this Agreement. 5 14. Return of Records On termination of the contract, the Contractor will consult with the project manager at City of Port Angeles, about whether pertinent records should be returned. If requested, the Contractor will deliver to City of Port Angeles, all records, reports, data memoranda, notes models or publications whether electronic or hard -copy, equipment and supplies of any nature, and receipts for any and all billing made to City of Port Angeles, that are in possession or under control of the Contractor, prepared or acquired in the course of the contract with City of Port Angeles. Further, the Contractor agrees not to keep or withhold such information or data, or reproductions of such information or data that relate to the business activities of City of Port Angeles, or to parties in a contract relationship with City of Port Angeles, Alternatively, if the return of records and equipment or supplies is not requested, Contractor agrees to retain these items for three years after the completion of this contract and to notify the City of Port Angeles, project manager at the end of that time before disposing of them. Contractor shall include a provision substantially identical to the foregoing in all its Subcontractor Agreements. 15. Indemnification The Contractor will indemnify, hold harmless, and defend City of Port Angeles, and, its officers, employees, agents, representatives, and affiliates (each an Indemnified Party) against any and all losses, liabilities, damages, claims, suits, proceedings, judgments, assessments, costs, and expenses (including interest and penalties), and including reasonable attorney fees and expenses, incurred by City of Port Angeles, and arising from (i) negligent or wrongful acts or omissions of the Contractor or of its officers, employees, agents, representatives, subcontractors, or affiliates of this Agreement, or (iii) any finding, judgment or other determination or settlement whereby the Contractor is deemed or considered to be the employer of the other Party. The Parties specifically agree that the provisions of this Section also apply to any claim of injury or damage to the persons or property of the Contractors employees. Contractor acknowledges and agrees that, as to such claims, the Contractor, with respect to City of Port Angeles, hereby waives any right of immunity which Contractor may have under industrial insurance (Title 51 RCW as amended and under any substitute or replacement statue). This waiver was specifically negotiated by the Parties, is solely for the benefit of the Parties and their successors and assigns, and is not intended as a waiver of Contractors right of immunity under said industrial insurance for any other purpose. 16. Force Majeure Notwithstanding anything contained in this Agreement to the contrary, neither Party will be deemed liable or to be in default for any delay or failure in performance under this Agreement deemed to result from acts of God, acts of civil and military authority, acts of public enemy, war, or any like cause beyond the Parties reasonable control. 17. Severability Should any provision of this Agreement be held by a tribunal of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect. 18. Notices 6 Notices required to be made under this Agreement shall be served personally, by facsimile transmission, by overnight courier to the address shown above, or by email, with a duplicate sent by certified mail, return receipt requested. Notice shall be effective only upon receipt by the party being served. Effective Date and Term This Agreement, including its exhibits, shall be effective immediately upon execution by both parties. City of Port Angeles Fluid Market Strategies Signature Signature Name Name Date Date 7 Project Order Title Simple Steps, Smart Savings rM Project Order -01 To implement a successful retail promotion for the Simple Steps, Smart Savings promotion. EXHIBIT A TO PSA Contractor's Authorized Representative Megan Milliken 503.808.9003x106 mmillikenPfluidms.com This Project Order is entered into pursuant to the terms and conditions of the Promotion Services Agreement between City of Port Angeles and Fluid Market Strategies "Fluid dated Fluid's Objective Scope of Services The Simple Steps, Smart Savings Promotion will increase sales of ENERGY STAR® CFLs, ENERGY STAR® indoor hard -wired lighting fixtures and energy saving showerheads in the marketplace. This goal will be accomplished by providing an incentive of $0.50 per general purpose CFL (twist, A- lamp), an incentive of $2.00 on specialty CFL products (Reflectors, Globes, Candelabras, Torpedoes, 3 -way, outdoor lighting), an incentive of $8.00 on indoor hard -wired lighting fixtures, and an incentive of $7.00 on showerheads (2.0 gpm or less). An administrative fee of $0.25 per unit will be charged on specialty CFLs and an administrative fee of $0.35 per unit will be charged on all other products. Administrative Suaaort Services shall include development, delivery and facilitation of projected unit movement of identified SKUs at approved retail locations. Fluid staff will receive retail sales reports from partnering retailer locations and monitor sales reports into a proprietary tracking and reporting database. Marketing Services Fluid will design and produce retail Point of Purchase (POP) materials for participating retail locations, including those in City of Port Angeles territory. Marketing materials will be delivered directly to the stores by the Fluid Field representatives. Field representatives will support participating retail stores in City of Port Angeles territory, provide on -site merchandising, sales associate training and event staffing. porting Minimum reporting requirements will include: City of Port Angeles will receive detailed electronic reports of promotional product sales once a month. Sales will be distinguished by retail location and individual product SKUs. This data can be provided in a hard copy along with the monthly invoice if requested. Invoices for promotional product sales and administrative costs per unit sold within the prior month will be sent to City of Port Angeles monthly. Invoicing is dependent upon Fluid receiving sales data reports from manufacturer /retailer partners in a timely manner; sales data is due from manufacturer on the 15 of each month. However, City of Port Angeles will be invoiced by Fluid within 10 working days of receipt of sales data. Additional necessary reporting requirements will be communicated to Fluid as they are identified Store List Allocations See Attachment A MGSA LGL 019 EXH B Incorporated Documents (Note: In the event of any conflict between the terms and conditions contained in this Project Order and those set forth in any Incorporated Documents, the terms and conditions of this Project Order shall prevail.) Compensation for the Services Contractor shall be compensated for the Services described above as follows: And for the product(s) selected above commits to: (Select one funding option) Time of Performance for the Services Commencement Date City of Port Angeles commits to fund the following product(s): (Select all products to include) Except as provided herein, all terms and conditions of the Master Promotion Services Agreement referenced above shall be incorporated into and become a part of this Project Order. City of Port Angeles has the right to terminate this agreement at any time. Termination notice must be received in writing and will have a termination date effective at the end of the month following the month in which written notice is received. Accepted By: City of Port Angeles Please Print Name Signature Title MGSA LGL 019 EXH B ENERGY STAR® CFLs Promotional showerheads ENERGY STAR® rated indoor hard -wired lighting fixtures Funding of 60,000 for promotional products selected above. February 1, 2012 April 1, 2012 Date Completion Date Approved by: Fluid Market Strategies Signature Title Date TO PSA rterket St retegie. Project Order Title Simple Steps, Smart Savings ,m Fluid Run Direct Install, Option 3 Project Order -02 Fluid's Authorized Representative Megan Milliken 503.808.9003x106 mmillikenPfluidms.com EXHIBIT A This Project Order is entered into pursuant to the terms and conditions of and as an amendment to the Promotion Services Agreement between the City of Port Angeles and Fluid Market Strategies, Inc. (Fluid), dated Fluid's Objective To conduct home auditing and implement a successful direct install project in homes within the City of Port Angeles service area in accordance with this document and in conformance with BPA's direct install program requirements. Scope of Services The Fluid run direct installation portion of the Simple Steps, Smart Savings program will increase adoption and use of energy saving products by offering the City of Port Angeles CFL installation and energy- saving showerhead distribution services. An installation fee and a $0.35 administration fee will be applied to all CFLs and showerheads provided to City of Port Angeles utility customers in accordance with this Project Order. Fluid will comply with BPA's current Implementation Manual for direct install measures pertaining to this Project Order. Administrative and Staff Suaaort Services from Fluid will include development, delivery and facilitation of the direct installation portion of the Simple Steps, Smart Savings promotion as outlined in Attachment A Direct Install Extension Proposal. Fluid's installation team members will: Participate in an orientation detailing customer service expectations, installation best practices and outlining the goals of the promotion. Secure needed CFL and showerhead product supply, and manage product distribution and inventory. Recruit select City of Port Angeles utility customers for participation and schedule customer services. Perform installations in compliance with local and state regulations. Collect audit data and track activity on the Home Snapshot Audit form (Attachment B). Provide the City of Port Angeles with reports of project activity and hardcopies of audit forms. Allow the City of Port Angeles representatives to work closely with Fluid's administration of this program to ensure the best possible public relations and the best chance of a successful outcome for Fluid and the City of Port Angeles. Marketing Services Fluid will provide and operate a consumer facing website that provides information about promotional products as well as a one page summary of promotion related services offered by the City of Port Angeles. A customer support telephone number and online signup form will be provided and maintained by Fluid and made available to utility customers for services under this Project Order. Fluid will provide program informational handouts to be distributed to customers interested in direct install services. Fluid will provide informational materials, including Home Energy Savings Steps brochures and Showerhead Installation Instructions, to utility customers who receive direct install services. Templates will be made available to the City of Port Angeles for utility bill inserts, newspaper ads, customer direct mail letters, door hangers, and newspaper copy /web graphics. Additionally, Fluid is available to design custom marketing materials as needed. The scope of any additional custom marketing will be detailed in a Change Order as an attachment to this document. Reporting Minimum reporting requirements will include: The City of Port Angeles will receive electronic reports of direct installation and auditing activity once a month. The report will document the information collected on Attachment B. Upon request, Fluid will conduct quality control efforts through select site verification to ensure customer satisfaction and proper product installation. PSA EXH B 1 Fluid will meet reporting standards enabling the City of Port Angeles to obtain reimbursement from BPA for qualifying work performed under this Project Order. Additional reporting requirements will be communicated to Fluid as they are identified. Incorporated Documents (Note: In the event of any conflict between the terms and conditions contained in this Project Order and those set forth in any Incorporated Documents, the terms and conditions of this Project Order shall prevail.) Attachments A (Direct Install Extension Proposal) Attachments B (Snapshot Audit Form) Compensation for the Services Fluid shall be compensated for the Fluid Run Direct Install Services described above as follows: Product Description Administrative Fee Installation Fee CFL Twist 13 -15 Watt $0.35 $2.25 $1.42 $4.02 CFL Twist 23 -26 Watt $0.35 $2.25 $1.99 $4.59 CFL Reflector $0.35 $2.25 $3.24 $5.84 CFL Globe $0.35 $2.25 $3.04 $5.64 Showerhead $0.35 $8.00 $3.50 $11.85 For selected product only In accordance with the unit prices listed in the chart above the City of Port Angeles commits to fund this direct install project until one of the following is achieved: Any change in the scope of services in this document will be detailed in a written Change Order signed by both parties and attached to this agreement. Time of Performance for the Services Commencement Date Completion Date February 01, 2012 April 01, 2012 Except as provided herein, all terms and conditions of the Master Promotion Services Agreement referenced above shall be incorporated into and become a part of this Project Order. This Project Order shall remain in effect unless terminated by either party at any time by giving a thirty (30) day notice to the other party or meeting completion obligations in this Project Order. Notice shall be effective when received Accepted By: City of Port Angeles Please Print Name Signature Title PSA EXH B Product Cost* Total Cost Per Unit Project costs for the City of Port Angeles have reached a maximum amount of 44,000. Date Approved by: Fluid Market Strategies Please Print Name Signature Title Date 2 1 )ORT A NGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: January 10, 2012 To: Utility Advisory Committee From: Terri Partch, P.E., Stormwater Engineer Subject: Landfill Post Closure Professional Services Agreement Contract Extension Summary: In October of 2008 the City entered into an agreement with Aspect Consulting to provide engineering services in support of the Port Angeles Landfill 30 -year post closure permit. Since the award of the original agreement, it has been extended twice on an annual basis. The City continues to require landfill post closure professional services. Staff is now proposing a two year extension to the existing agreement with Aspect Consulting. Recommendation: Forward a favorable recommendation to City Council to authorize the City Manager to sign a two year extension to the Professional Services Agreement with Aspect Consulting for landfill engineering services in an amount not to exceed $189,117.72, and to make minor modifications to the agreement, as necessary. Background /Analysis: The thirty -year post closure phase of the Port Angeles Landfill (Landfill) began in 2008 after the last two cells of the landfill were covered and the seawall at the beach was constructed in 2007. Management of the landfill is regulated through the Solid Waste Post Closure Permit (SLW08 -0001) issued by Clallam County Environmental Health Services (CCEHS) working in close cooperation with Washington State Department of Ecology (DOE). The permit covers the entire Landfill and addresses the different regulations that were in place at the time each of the particular cells of the landfill were closed. The permit was issued on August 29, 2008 and was amended on April 15, 2009. Additional groundwater wells were added along the beach in 2007, and the post closure permit established new requirements for monitoring the seawall and beach morphology. Groundwater and leachate monitoring is also required by CCEHS and DOE under the permit and includes associated sampling, analysis, and documentation. In addition, there are various annual requirements for surface water quality monitoring and documentation, air quality, minimizing explosive gases, and documentation of inspection and maintenance activities. In October of 2008, the City entered into an agreement with Aspect Consulting to provide engineering services in support of the landfill post closure permit requirements. Unless extended, this contract will lapse on February 15, 2012. The City seeks to extend the Aspect Consulting professional services agreement by two years to maintain continuity of engineering services that ensure the regulatory requirements under the permit continue to be satisfied. The tasks to be Landfill Post Closure Professional Services Agreement Contract Extension January 10, 2012 Page 2 accomplished in this next two year period are similar to previous requirements, with the exception of additional operations, maintenance and monitoring support for the landfill gas collection system and leachate collection systems. In addition, the 2012 work includes a macro -algae study of the marine environment in front of the bluff. This study is a specific permit requirement and serves the purpose of determining the health of the marine fauna and wildlife proximate to our closed landfill. Macro -algae studies have been conducted in front of the landfill every two years since its closure. This year's will be the final study in this series. Funding for the proposed amendment is available from the 2012 Solid Waste Landfill budget and from planned transfers from the Landfill Post Closure Fund for the budget periods after 2012. The Landfill post closure fund currently has a balance of $3,590,563. The tasks and fees included for Aspect Engineering for the next two -year period are summarized in the following table. Summary of tasks and fees for Post Closure Landfill Professional Services Task No. Description Proposed Fees 1.1 1 Groundwater Monitoring Reports 1.1.1 Biannual Reports 1.1.2 Annual Groundwater Report Annual Beach Morphology Monitoring Report and Transect 1.2 Technical Memo 1.2.1 1 Transect Technical Memo 12,670.00 j 1.2.2 1 Annual Beach Morphology Report 21,159.00 1.3 1 Operations Support for the Landfill Gas System 44,658.72 1.4 Maintenance Support 12,000.00 1.5 Macro -Algae Survey 50,000.00 Totals $189,117.72 $19,124.00 29,507.00 It is recommended that the Utility Advisory Committee forward a favorable recommendation to City Council to authorize the City Manager to sign a two year extension to the Professional Services Agreement with Aspect Consulting for landfill engineering services in an amount not to exceed $189,117.72, and to make minor modifications to the agreement, as necessary. W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: January 10, 2012 To: Utility Advisory Committee From: Terri Partch, P.E., Stormwater Engineer Subject: Stormwater Education and Outreach Services Interlocal Agreement with Kitsap County Summary: In 2007, the City was designated as a Phase II city by the State of Washington. Since that date, the City has been required to meet the provisions of the Phase II Municipal Stormwater permit. This permit allows the City to discharge City stormwater into "Waters of the State" (our creeks and Harbor). The permit requires that we implement 5 different programs to help clean the stormwater before it is discharged. One of these programs is education and outreach. The proposed Interlocal Agreement will allow the City to more economically provide education and outreach programs to satisfy the permit requirements. Recommendation: Forward a favorable recommendation to the City Council to authorize the City Manager to sign the Interlocal Agreement with Kitsap County in an annual amount not to exceed $5,874.42, and to make minor modifications to the agreement, as necessary. Background /Analysis: The Phase II Municipal Stormwater Permit requires the City to conduct stormwater education and outreach activities related to reducing behaviors that cause or contribute to stormwater pollution. In the past this has been done by having a stormwater informational display at the City's booth at the County Fair and Home Show, distributing one utility bill mailer each year, and direct outreach by the Stormwater Engineer with the general public including over 60 contacts with businesses. Over the last 5 months, City staff has been working with Kitsap County to enter into an interlocal agreement that would cooperatively provide stormwater education and outreach. The proposed Interlocal Agreement with Kitsap County will allow the City to more effectively meet its education and outreach permit requirements. The program brings together a consortium of stormwater jurisdictions on the Olympic Peninsula including unincorporated Kitsap County, Bremerton, Port Orchard, Poulsbo, Gig Harbor, and Bainbridge Island, each of which has an individual interlocal agreement with Kitsap County. It leverages Kitsap County staff to develop effective outreach programs and literature that can be used in common by the group. Combining the resources, expertise, and grant potential of the Kitsap County provides a more economical resource and capability that will enhance the City's public outreach to our Port Angeles customers. A summary of the Interlocal Agreement objectives and annual costs are included on the following page. N. \UAC\Final \Stormwater Education and Outreach Services Interlocal Agreement.docx Stormwater Education and Outreach Services Interlocal Agreement January 10, 2012 Page 2 Objective 1 Obi ective 2 Objective 3 Objective 4 Objective 5 Objective 6 Obi ective 7 Objective 8 Objective 9 Objective 10 Jurisdiction Unincorporated KC Bremerton Port Orchard Poulsbo Gig Harbor Port Angeles Bainbridge Island TOTAL Summary of Interlocal Agreement objectives Build on existing successful outreach efforts by maintaining elevated awareness levels and environmentally positive behavior trends. Review the list of prioritized audiences and practices to be addressed by behavior change campaigns and revise as necessary based on emerging issues, opportunities, and evaluation results. Design or adopt a social marketing campaign with built -in evaluation protocols for the highest priority behavior. Implement social marketing campaign for the highest priority behavior. As resources are available, implement additional campaigns using a phased approach for each prioritized behavior and associated target audience. Use adaptive management to refine programs and direct education and outreach resources most effectively. Continue to support the development and implementation of the regional Puget Sound Starts Here campaign through participation in STORM. Track and maintain records of education and outreach activities. Publish an annual activities report. Pursue grants and other funding opportunities as available and appropriate. Continue to strengthen partnerships through coordinated messages and activities with other entities involved in stormwater education and outreach programs. This may include non permitted entities such as the Puget Sound Partnership, local ECO Networks, Kitsap County Health District, Kitsap Conservation District, Washington SeaGrant, WSU Extension, Chambers of Commerce, Local Source Control Specialists, professional associations, and non profit environmental organizations. Summary of Interlocal Agreement annual costs Population (2010) 168,900 36,190 10,910 8,920 7,520 19,380 23,380 275,200 Relative Population 61.4% 13.2% 4.0% 3.2% 2.7% 7.0% 8.5% 100.0% Annual Cost per Jurisdiction $51,196.54 10,969.82 3,307.01 2,703.81 2,279.44 5,874.42 7,086.89 $83,417.92 I INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF PORT ANGELES TO FORM THE WEST SOUND STORMWATER OUTREACH GROUP I. PREAMBLE This Interlocal Agreement (hereafter "AGREEMENT is by and between Kitsap County (hereafter "COUNTY whose principal offices are located at 614 Division Street, Port Orchard, WA, 98366 and the City of Port Angeles (hereafter "CITY whose principal offices are located at. II. RECITALS Whereas, the Washington State Department of Ecology requires owners or operators of a municipal separate storm sewer system to obtain coverage under a Western Washington NPDES Phase II Municipal Stormwater Permit; and Whereas, Permittees are required by Permit Section S5.C.1 to provide stormwater education and outreach programs designed to achieve measurable reductions in behaviors that cause or contribute to adverse stormwater impacts; and Whereas, coordination among Permittees with adjoining or shared geographic areas is encouraged by Washington State Department of Ecology and enhances access to federal, state, and other financial and technical support; and Whereas, West Sound residents share media sources and would benefit from consistent messaging across city and county boundaries; and Whereas, municipal resource efficiency is increased and cost savings are realized through sharing expertise, expenses, and staff time to gain economies of scale and avoid duplication; and Whereas, Kitsap County, United States Naval bases therein, and the cities of Poulsbo, Bremerton, Port Orchard, Gig Harbor, Bainbridge Island and Port Angeles desire to form the West Sound Stormwater Outreach Group to coordinate joint development and implementation of stormwater education and outreach programs. NOW THEREFORE, the parties mutually agree as follows: III. AGREEMENT A. The Recitals set forth above are expressly incorporated into the Agreement by this reference. B. This AGREEMENT consists of the following documents: 1. Interlocal Agreement 2. Exhibit A: West Sound Stormwater Outreach Group Scope of Work and Budget C. Purpose: The purpose of the AGREEMENT is to provide a mechanism through which COUNTY and CITY voluntarily collaborate in the development, implementation, and funding of stormwater education and outreach messages, materials, activities, and program assessment tools for the general public, businesses, and other target audiences as required by the NPDES Phase II Permit. D. Payment and Funding: CITY will provide COUNTY funds in an amount not to exceed a total of $11,748.84 for the years 2012 to 2013. In accordance with Section I below, COUNTY agrees to send invoices to CITY representative for reimbursement of allowable expenses incurred as defined in Exhibit A. E. Scope of Work: COUNTY and CITY shall perform duties and services as are listed in Exhibit A, attached hereon, and hereby referred to and made a part hereof by reference. Said services shall be performed in accordance with the approved Scope of Work and budget specified in Exhibit A, and as provided for in Section 1 of this AGREEMENT. F. COUNTY and CITY Administrators: Jayna Ericson, SSWM Outreach and Education Coordinator, 614 Division Street MS 26 -A, Port Orchard WA 98366 shall represent COUNTY in all matters pertaining to the services rendered under this AGREEMENT. All requirements of the CITY pertaining to the services and materials to be rendered under this AGREEMENT shall be coordinated through the COUNTY representative. Port Angeles' City Manager shall represent the CITY in all matters pertaining to the services and materials to be rendered under this AGREEMENT. All requirements of the COUNTY pertaining to the services or materials to be rendered under this AGREEMENT shall be coordinated through the CITY representative. Following a change of representative, COUNTY and CITY will inform the other party in writing within ten (10) working days. G I portinq: By January 31 of each year this AGREEMENT is in effect, COUNTY and CITY will jointly report the results of work conducted under this AGREEMENT in a manner that is mutually useful in the fulfillment of NPDES Permit reporting requirements for public education activities, as specified in Permit Section S9.E.2.c. H. Resoonsibilities of the Parties: It is mutually understood that CITY will provide COUNTY with the following: Up to $11,748.84 over the duration of this AGREEMENT for development of educational materials, professional service fees, partial reimbursement of COUNTY administrative costs, and other expenses related to tasks as described in Exhibit A. CITY will also contribute staff time to attend meetings, provide input, conduct pertinent research, and participate in program development. It is mutually understood that COUNTY will provide CITY with the following: COUNTY will provide administrative services and act as financial manager for this AGREEMENT and associated professional service contracts. COUNTY will also contribute staff time to facilitate meetings, provide input, conduct pertinent research, and participate in program development. I. Reimbursement: CITY shall reimburse COUNTY for actual incurred costs upon presentation of a properly executed invoice. Costs shall be charged and funding reimbursed based upon appropriate program elements as defined in Exhibit A. COUNTY may exceed line item amounts within individual program element budgets, but shall not exceed the total budget for each individual program element without written approval of CITY. Reimbursement requests shall not be made to CITY more frequently than once a month. CITY shall reimburse COUNTY within thirty (30) days of receipt of a properly executed COUNTY invoice. J. Proaertb: Title to property purchased by COUNTY, the cost of which COUNTY has been reimbursed as a direct item of cost under this AGREEMENT, shall pass to and vest to COUNTY. Property purchased with funds delivered pursuant to this AGREEMENT may be used only for the performance of this AGREEMENT and shall be purchased in accordance with applicable state law and COUNTY purchasing policies. K. Assianment: COUNTY may assign or subcontract any portion of the services provided within the terms of this AGREEMENT. All terms and conditions of the AGREEMENT shall apply to any approved subcontract or assignment related to this AGREEMENT. L. Indemnity: Both COUNTY and CITY shall accept responsibility for any and all liability arising from acts of its own officers, employees, agents and contractors to the extent provided by law. Additionally, each party agrees to indemnify, defend, and hold harmless the other party, and its officers, agents, and employees for all claims (including demands, suits, penalties, losses, damages or costs of any kind whatsoever) including costs, expenses and reasonable attorney's fees, to the extent such a claim arises or is caused by the indemnifying party's own negligence or that of its officers, agents, or employees in performance of this Agreement. Nothing contained in this section of this Agreement shall be construed to create a liability or a right of indemnification in any third party. This section shall survive the expiration of this Agreement. M. Amendments: The parties hereby further agree that this AGREEMENT cannot be amended or modified without the written concurrence of both parties. N. Termination: Either party to this AGREEMENT may elect to terminate this AGREEMENT for any reason by delivering a sixty (60) day written notice of intent to terminate to the other party. In the event of such termination, COUNTY shall be compensated for the actual costs incurred prior to the time of written notification of contract termination. O. Duration: This AGREEMENT shall commence on the date of execution, and shall remain in effect through December 31, 2013. P. RECORDING. Pursuant to RCW 39.34.040, this Agreement shall be filed with the Kitsap County Auditor. Q. WAIVER. A failure by either party to exercise its rights under this agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. R. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. S. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Kitsap County, Washington. T. MULTIPLE ORIGINALS. This Agreement may be executed in multiple copies, each of which shall be deemed an original. U. SEVERABILITY. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. IN WITNESS WHEREOF, this Agreement was executed by the parties on the dates hereinafter indicated. DATED this day of .2011. DATED this day of ,2011. CITY OF PORT ANGELES KITSAP COUNTY BOARD OF COMMISSIONERS Kent Meyers, City Manager Charlotte Garrido, Chair Approved as to Form: Robert Gelder, Commissioner William Bloor, City Attorney Josh Brown, Commissioner ATTEST ATTEST Janessa Hurd, City Clerk Dana Daniels, Clerk of the Board EXHIBITA: WEST SOUND STORMWATER OUTREACH GROUP Scope of Work Budget for 2012 -2013 Since 2008, Kitsap County and the Cities of Poulsbo, Bremerton, Port Orchard, and Gig Harbor have been working as the Kitsap Peninsula Clean Runoff Collaborative to jointly develop, implement, and fund Permit required outreach via interlocal agreements. With the additions of Bainbridge Island and Port Angeles, the group has agreed to assume the name of West Sound Stormwater Outreach Group (SOG), to better represent the regional scope and to align with other similar groups across Puget Sound under the Stormwater Outreach for Regional Municipalities (STORM) outreach umbrella. A. GOALS, OBJECTIVES, AND TASKS Goals: 1. Design and implement stormwater education and outreach programs to achieve measurable reductions in behaviors that cause or contribute to adverse stormwater impacts. 2. Realize cost savings and increase municipal resource efficiency by sharing expertise, expenses, and staff time to gain economies of scale and avoid duplication. 3. Benefit citizens of the West Sound region by providing consistent outreach and messaging. 4. Gain enhanced access to federal, state, and other financial and technical support through coordination among Permittees with adjoining or shared geographic areas. 5. Obtain compliance with NPDES Phase II Municipal Stormwater Permit requirements for Section S5.C.1, Public Education and Outreach. 6. Fulfill education and outreach requirements of local Total Maximum Daily Loads (TMDLs), also known as Water Pollution Cleanup Plans. The West Sound Stormwater Outreach Group is committed to achieving the following objectives by December 31, 2013: Obiective 1 Build on existing successful efforts by maintaining elevated awareness levels and environmentally positive behavior trends. Task 1 1 Review October 2011 survey results to determine impact of existing outreach efforts Task 1 2 Develop efficient methods to achieve sustained awareness and practice of proper pet waste management. Use partnerships and associated opportunities where available, Continue 1 pet waste mailer per year, Continue growing and maintaining the Mutt Mitt Program Objective 2 Rbview the list of prioritized audiences and practices to be addressed by behavior change campaigns and revise as necessary based on emerging issues, opportunities, and evaluation results. Task 2.1 Assess practices that are most likely contributing to adverse stormwater impacts based on Ecology's latest Toxic Loading Study and knowledge of local pollution problems. Consider the scope of the problems as identified by reports, water quality data, and inspection/ investigation results. Task 2.2 Fe- prioritize practices to be addressed by social marketing campaigns using factors including but not limited to: Updated attitude and behavior survey results; Applicability of the issue across the West Sound region; Presence/absence of existing local programs that address the behavior and effectiveness of those programs (to avoid duplication); Availability of existing programs with proven effectiveness that can be modeled; and Degree to which identified behaviors are single, simple, doable, and measurable. Hndings from Task 2.1 Objective 3 Design or adopt a social marketing campaign with built -in evaluation protocols for the highest priority behavior. Task 3.1 Conduct formative researches on the highest priority behavior, which may indude: Reviewing other program designs, management approaches, and evaluation strategies; Adopting a campaign approach that has been thoroughly evaluated and proven successful in a similar community; and /or Using focusgroupsor other survey tools to garner in -depth information on attitudes and practices relative to the behavior, identify barriers and benefits of the target audience adopting the behavior, and get ideas for potential campaign strategies. Task 3.2 Develop a campaign strategy based on barrier /benefit researdi that indudes an evaluation plan with specific, measurable, and achievable outcomes. Objective 4 Implement nodal marketing campaign for the highest priority behavior. Task 4.1 Test the campaign strategy on a small segment of the population, using focus groups and /or pilot studies to refine and reevaluate the strategy. Task 4.2 Implement the campaign across the community, assessing effectiveness at proper intervals, documenting progress, and changing the campaign strategy as necessary to achieve defined outcomes. Task 4.3 Continue the program at an appropriate level once measurements indicate increased adoption of the behavior in the target audience. Obiective 5 As resources are available, implement additional campaigns using a phased approach for each prioritized behavior and assodated target audience. Obiective 6 Use adaptive management to refine programs and direct education and outreach resources most effectively. Task 6.1 Take advantage of mutually beneficial outreach opportunities that fall within the Fbrmit- required scope of audiences and behaviors, regardless of prioritization ranking. Task 6.2 Seek opportunities to share among member jurisdictions the existing outreach efforts to audiences not prioritized within the West Sound SJG activities, such that these efforts are benefidal to all members. Objective 7 Continue to support the development and implementation of the regional Puget Sound darts Here campaign through participation in STORM. Task 7.1 Continue to invest staff time in supporting the infrastructure of a regional awareness campaign supported by coordinated on the ground local behavior change programs. Task 7.2 Task 7.3 Obiective 8 Obiective 9 Obiective 10 B BUDGET Participate in the selection and development of the next suite of behaviors targeted for outreach under the Puget Sound Sarts Here campaign. Promote capacity building among STORM members to raise the caliber of collective outreach in the region. Track and maintain recordsof education and outreach activities. Publish an annual activities report. Pursue grants and other funding opportunities as available and appropriate. Continue to strengthen partnerships through coordinated messages and activities with other entities involved in stormwater education and outreach programs. This may include non permitted entities such as the Puget Sound Partnership, local EOO Networks, <Jtsap County Health District, Iltsap Conservation District, Washington SeaGrant, WSJ Extension, Chambers of Commerce, Local Source Control Specialists, professional associations, and non- profit environmental organizations. Table 1 shows the annual budget for years 2012 and 2013. Included in the budget for each year is0.5 FTEof County staff time ($43,417.92) and $40,000 in outreach program costs for an annual total of $83,417.92. The West Sound SOGwill make every effort to minimize actual costs by selecting competitive bids for professional services, and by pursuing grants and other funding sources as available and appropriate. Table 1. Annual budget for all program elements Cost per Population Relative Jurisdiction (2010) Population per Year Jurisdiction Unincorporated KC Bremerton Fbrt Orchard Fbulsbo Cog Harbor Fort Angeles Bainbridge Island TOTAL 168,900 36,190 10,910 8,920 7,520 19,380 23,380 275,200 61.4% 13.2% 4.0% 3.2% 2.7% 7.0% 8.5% 100.0% $51,196.54 $10,969.82 $3,307.01 $2,703.81 $2,279.44 $5,874.42 $7,086.89 $83,417.92 W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: January 10, 2012 To: Utility Advisory Committee From: Kathryn Neal, P.E., Engineering Manager Subject: Design Industrial Outfall Repair and Cleaning Project Project WW082008 Summary: This undertaking is for engineering services to develop design documents for repair and cleaning of the Port Angeles industrial outfall. This project is an element of the Combined Sewer Overflow program (WW08- 2008). The eventual placing of this outfall in service will provide environmental betterment by allowing Wastewater Treatment Plant effluent and Combined Sewer Overflow discharges to occur outside the mouth of the harbor and closer to the currents of the Strait of Juan de Fuca. Recommendation: Forward a favorable recommendation to the City Council to authorize the City Manager to add this planned program element to the Combined Sewer Overflow Professional Services Agreement with Brown and Caldwell in an amount not to exceed $47,000, and to make minor modifications to the agreement, as necessary. Background /Analysis: The Rayonier industrial outfall was acquired by the City in order to increase the capacity for Wastewater Treatment Plant (WWTP) discharge and to enhance the pollution control function of the Combined Sewer Overflow (CSO) program. In 2009, during the design of the CSO Project, the Lower Elwha Klallam Tribe (LEKT) requested that the industrial outfall be reassigned as the primary outfall from the WWTP, with the existing City outfall used only in a backup role. This change in configuration of use of outfalls will have significant environmental benefit. Because of the industrial outfall's greater length (7,940 feet) and location outside the mouth of the harbor, better mixing and dispersion of discharges to the currents of the Strait of Juan de Fuca will occur. The industrial outfall diffuser ports are in deeper water, in a location that studies have determined is more suitable for effluent dispersion away from the inner Port Angeles Harbor than the existing WWTP outfall. The City agreed with this, and in 2010 the Department of Ecology approved an amendment to the CSO Reduction Facilities Plan. An underwater inspection of the industrial outfall was conducted by Cosmopolitan Engineering Group in August and October of 2010 from which it was determined that the outfall was serviceable. In order to place the industrial outfall into service, some of the diffusers do need repair, and seafloor sediment that has entered the outfall pipeline at a number of spots should be removed. In addition, some of the diffusers will need to be modified in order to accommodate the range of flow levels expected from the WWTP (2 MGD to 50 MGD) and equalize the necessary Design Industrial Outfall Repair and Cleaning Project Project WW08 -2008 January 10, 2012 Page 2 dispersion from all 48 ports under all conditions. The design work includes hydraulic modeling in order to analyze the flow related design requirements, in addition to developing plans and technical specifications for the repair and servicing work. Because of the specialty nature of this underwater work, the City intends to award an independent construction contract. After the design is complete, bids will be solicited and staff will return to Council to seek approval for award of the construction project. This sub project of the CSO program is proposed to be added to the Professional Services Agreement with Brown and Caldwell in an amount not to exceed $47,000, which increases the maximum compensation under that agreement from $4,206,611 to $4,253,611. Funds are available for design and construction of the Industrial Outfall Repair and Cleaning project from CSO reserves accumulated through rates and the Washington State Public Works Trust Fund loans. The task elements for this work are shown in the following table: TASK BUDGET 1 Design Analysis $22,500 2 Contract document preparation 19,000 3 I Bidding/construction support 1,500 4 I Project management 4,000 TOTAL I $47,000 It is requested that the Utility Advisory Committee forward a favorable recommendation to the City Council to authorize the City Manager to add this planned program element to the CSO Professional Services Agreement with Brown and Caldwell in an amount not to exceed $47,000, and to make minor modifications to the agreement, as necessary. W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: January 10, 2012 To: Utility Advisory Committee From: Derek Beery, City Archaeologist Subject: Combined Sewer Overflow Phase 1 Project, Section 106 Archaeological Memorandum of Agreement Summary: As part of the delegation of funds through the Clean Water State Revolving Fund, the Washington State Department of Ecology and Environmental Protection Agency are required to meet conditions of the National Historic Preservation Act. Due to the sensitivity of the Port Angeles Waterfront regarding archaeological resources, a Memorandum of Agreement and Archaeological Work Plan are required for the project. Parties to the proposed Memorandum of Understanding are the City of Port Angeles, Department of Ecology, Lower Elwha Klallam Tribe, Washington Department of Archaeology and Historic Preservation, and the Environmental Protection Agency. Recommendation: Forward a favorable recommendation to City Council to authorize the City Manager to sign the CSO Phase 1 (Project 06 -01) Section 106 Memorandum of Agreement, and to make minor modifications to the agreement, as necessary. Background /Analysis: The City plans to construct Phase 1 of the Combined Sewer Overflow (CSO) project with Washington Clean Water State Revolving Fund CWSRF) loans from Department of Ecology (DOE). The Environmental Protection Agency (EPA) has determined that projects that are offered Federal assistance through the CWSRF are undertakings subject to review under Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.0 470f, (Section 106) and its implementing regulations, 36 Code of Federal Regulations (CFR) Part 800. With consultation of the City, Department of Archaeology and Historic Preservation (DAHP), and interested tribes, DOE requested EPA participation in the federal compliance process due to the potential for adverse effects on historic properties. EPA concurred and initiated consultation with seven regional tribes under NHPA Section 106. Three tribes responded. The responses were from the LEKT stating their intention to participate, the Port Gamble S'Klallam Tribe deferred to the LEKT reserving their right to engage at a later date if significant cultural resources are inadvertently discovered, and the Skokomish Tribe declined to participate. The Memorandum of Agreement (MOA) is a result of these consultation efforts. N. \UAC\Frnal \CSO Phase 1 Project Section 106 Archaeological MOA.doc Combined Sewer Overflow Phase 1 Project, Section 106 Archaeological Memorandum of Agreement January 10, 2012 Page 2 The City Archaeologist recently completed pre construction archaeological excavation and sampling in the areas of the CSO footprint with the highest probability for containing buried cultural resources. No significant archaeological properties were observed. The City Archaeologist has used the information gathered from the sampling project and other archaeological identification efforts to develop the attached Archaeological Work Plan (AWP) for the CSO project that defines responsibilities, outlines archaeological monitoring and notification procedures, and provides schedules for reporting. The attached MOA was developed in order to formalize the satisfaction of EPA's NHPA Section 106 responsibilities and its acceptance by all parties. The MOA authorizes EPA and DOE to proceed with their processes for distributing CWSRF loans for the CSO Phase 1 project. It also adopts the City's AWP and supersedes a previous MOA dated January 2010 between the LEKT and the City by terminating that agreement for the CSO project. Attachments: Combined Sewer Overflow Phase 1 Project, Section 106 Archaeological Memorandum of Agreement Archaeological Work Plan MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10, THE WASHINGTON DEPARTMENT OF ECOLOGY, THE CITY OF PORT ANGELES, THE LOWER ELWHA KLALLAM TRIBE, THE WASHINGTON STATE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION, REGARDING THE COMBINED SEWER OVERFLOW PROJECT PHASE 1, PORT ANGELES, WASHINGTON WHEREAS, the United States Environmental Protection Agency Region 10 (EPA) awards capitalization grants to the Washington State Department of Ecology (Ecology) for the Clean Water State Revolving Fund (CWSRF) Program under Title VI of the Clean Water Act, as amended; and WHEREAS, EPA has determined that projects offered Federal assistance through the Washington CWSRF are undertakings subject to review under Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.0 470f, (Section 106) and its implementing regulations at 36 Code of Federal Regulations (C.F.R.) Part 800; and WHEREAS, in order to meet more efficiently and effectively EPA's responsibilities under Section 106, a nation -wide Programmatic Agreement (PA) was executed on March 28, 1990, among the Advisory Council on Historic Preservation (ACHP), the EPA, and the National Conference of State Historic Preservation Officers concerning compliance with the National Historic Preservation Act under EPA's State Water Pollution Control Revolving Fund Program pursuant to 36 C.F.R. 800.13; and WHEREAS, the PA stipulates that the EPA shall require that the State SRF Agency, which in this case is Ecology, to carry out the requirements of 36 CFR 800.4 through 800.6, with reference to 36 CFR 800.1, 800.2, 800.3, 800.8, 800.9, 800.10, 800.11, 800.12 and 800.14 for all actions that receive EPA Federal assistance; and WHEREAS, the Washington Department of Ecology (Ecology) administers the Washington State CWSRF Program and expects to offer the City of Port Angeles financial assistance under this program; and WHEREAS, the City of Port Angeles "the City proposes to construct Phase 1 of a combined sewer overflow (CSO) project (the Undertaking) with CWSRF funding in Port Angeles, Clallam County, Washington; and WHEREAS, Ecology has invited the City to participate in this consultation and the City has elected to participate; and 1 WHEREAS, the Lower Elwha Klallam Tribe, the Jamestown S'Klallam Tribe, the Port Gamble S'Klallam Tribe and the Skokomish Indian Tribe are federally recognized Indian tribes and signatories to the 1855 Treaty of Point No Point with the United States; and WHEREAS, in the Treaty the above mentioned Tribes ceded aboriginal territory that includes Port Angeles Harbor and waterfront, and reserved fishing rights in their usual and accustomed areas, which the Lower Elwha Klallam Tribe has regularly exercised in the Harbor and along the waterfront; and WHEREAS, the Lower Elwha Klallam Tribe's Reservation is located just west of Port Angeles at the mouth of the Elwha River, the Tribe has regularly exercised its treaty fishing rights in Port Angeles Harbor, and the Tribe's membership includes Klallam Indians born on Ediz Hook and/or descended from the tribal villages located on Port Angeles Harbor, including the village of Y'innis along Ennis Creek that overlaps the Area of Potential Effects "APE for this undertaking, illustrated in Attachment A hereto; and WHEREAS, consistent with the PA, Ecology has contacted potentially interested tribes consisting of the Lower Elwha Klallam Tribe, Jamestown S'Klallam Tribe, Port Gamble S'Klallam Tribe, Skokomish Indian Tribe, Makah Tribe, Puyallup Tribe of Indians, Confederated Tribes and Bands of the Yakama Nation and has consulted with the City, the Department of Archaeology and Historic Preservation (DAHP), and interested tribes regarding NHPA Section 106 requirements; and WHEREAS, Ecology requested EPA participation as part of the NHPA Section 106 process to address any discoveries of cultural resources during the Undertaking; and WHEREAS, the EPA initiated consultation under NHPA Section 106 with Jamestown S'Klallam Tribe, Lower Elwha Klallam Tribe, Port Gamble S'Klallam Tribe, Skokomish Indian Tribe, Makah Tribe, Puyallup Tribe of Indians, and Confederated Tnbes and Bands of the Yakama Nation; and WHEREAS, the EPA received responses from three Tribes, in which the Lower Elwha Klallam Tribe stated its intention to participate, the Port Gamble S'Klallam Tribe deferred to the Lower Elwha Klallam Tribe for comments and participation for now and reserved their right to engage at a later date if significant cultural resources are inadvertently discovered, stating that the project is within its usual and accustomed fishing area; and the Skokomish Indian Tribe declined to participate; and WHEREAS, Ecology, in consultation with the City, DAHP, and interested tribes, has determined that the Undertaking has the potential to cause adverse effects on historic properties and EPA concurs; and 2 WHEREAS, Ecology, in consultation with the City, DAHP, and interested tribes, has determined that the APE for this Undertaking is briefly defined as: a 30 foot wide corridor centered on the CSO Project centerline extending east from Front and Oak Streets along Railroad Avenue and following the Olympic Discovery Trail to Ennis Creek., after the creek crossing the APE turns to the south and expands to a 60 foot wide corridor to and out of the existing wastewater treatment plant (WWTP), to and out of an existing 4 9 million gallon tank, and ultimately connecting to the existing Rayonier industrial outfall (see Attachment A); and WHEREAS, Ecology, in consultation with the City, DAHP, and interested tribes concurs that "historic properties," as defined by 36 C.F.R. 800.16 (1)(1) and properties potentially eligible for inclusion in the National Register of Historic Places (NRHP), may be discovered within the APE; and WHEREAS, Ecology has considered the applicable requirements of Washington's Indian Graves and Records Act, Revised Code of Washington (RCW) Ch. 27.44, and Archaeological Resource and Sites Act, RCW Ch. 27.53, and acknowledges, with the concurrence of the other parties, that there is potential for the Undertaking to encounter human remains, associated or unassociated funerary objects or sacred objects, or objects of cultural patrimony within the purview of Washington's Indian Graves and Records Act; and WHEREAS, the City and the Lower Elwha Klallam Tribe previously entered into a cultural resources MOA for the Undertaking (hereinafter referred to as "Port Angeles/Lower Elwha Klallam Tribe MOA of January 7, 2010 and WHEREAS, the City of Port Angeles completed pre construction archaeological sampling in the area of the Undertaking where the city believes there is the highest probability for finding cultural resources, and no eligible historic properties were observed during sampling; and WHEREAS, the tribal village and archaeological sites (Site Numbers 45CA468 and 45CA523) on Port Angeles Harbor, including portions of the APE for this Undertaking, are of profound religious and cultural significance to the Lower Elwha Klallam Tribe and possibly other Tribes; and WHEREAS, the Parties to this Agreement include the following: the Washington State Department of Ecology, the City of Port Angeles, the Lower Elwha Klallam Tribe, the Washington Department of Archaeology and Historic Preservation, and the EPA. NOW THEREFORE, in order to satisfy the EPA's NHPA Section 106 responsibilities to take into account the effects of the Undertaking on historic properties, the Signatories identified above agree that the Undertaking shall be implemented in accordance with the following stipulations: 3 STIPULATIONS: The EPA, in cooperation with Ecology and the City, shall ensure that the following stipulations are met in the event that the EPA authorizes Ecology's intended use of the CWSRF Federal funding for the Undertaking: I. TERMINATION OF PORT ANGELES/LOWER ELWHA KLALLAM TRIBE MOA. The City of Port Angeles and Lower Elwha Klallam Tribe agree that the Port Angeles /Lower Elwha Klallam MOA of January 7, 2010, shall be superseded and replaced when the present MOA becomes effective, and this MOA shall control compliance with the NHPA for the Undertaking. II. AUTHORIZATION TO PROCEED WITH UNDERTAKING. Execution of this MOA constitutes authorization to the City to proceed with the Undertaking and implement the Archaeological Work Plan (AWP). This authorization is solely for purposes of compliance with the NHPA and does not constitute any authorization for approvals that may be required under other state and federal statutes. III. ARCHAEOLOGICAL WORK PLAN. A. The Parties approve, adopt and ratify the attached AWP (Attachment B). Its terms and provisions shall govern and control the process, procedures, and methods for conducting ground disturbances associated with the Undertaking and for handling cultural resources and any human remains discovered in the APE. B. If the City determines that material changes have been made to the construction plans and that, because of these changes, the AWP may need to be modified, the City shall develop the necessary modifications to the AWP, and submit these proposed modifications to Ecology, who will notify the Parties and the interested parties. The Parties shall have ten working days to review the revised AWP and respond to Ecology and the City with questions and concerns. Ecology shall have ten working days to review and approve the revised AWP, unless a longer period (not more than 30 days) is agreed to by all the signatories. Ecology shall notify the Parties of its approval and shall enclose the approved revised AWP. The revised AWP will replace the AWP currently included as Attachment B to this MOA, and shall be subject to all of the stipulations contained herein. C. If the City determines that the changes to the construction plans do not necessitate modifications to the AWP, the City shall notify Ecology. Ecology in turn shall notify the Parties in writing that review under this Stipulation has been completed. IV. MONITORING AND REPORTING A. The City shall notify Ecology ten days prior to the date when the project construction starts. Ecology in turn shall notify the Parties. In addition, Ecology may notify other persons and entities who have requested such notification, and shall inform the Parties of 4 any such persons or entities who have requested and received such notification from Ecology. Notifications under this paragraph may occur by email. B. The City shall provide monthly interim reports to Ecology. Ecology will in turn provide the interim reports to the Parties. If other persons or entities request copies of any interim report, Ecology shall notify the Parties of such request and afford a reasonable opportunity for any Party to object to the release of such report based on the application of specific exemptions from release found in the Public Records Act (RCW 42.56) or other state or federal law. If a Party objects to the release of such report where no exemption applies, the Party may seek an injunction preventing release as provided by RCW 42.56.540. Reports and notifications under this paragraph may be provided by email. C. By January 31 of each year until the Signatories determine in writing that the project is complete or the MOA is terminated, the City shall prepare and provide an annual report to Ecology addressing the following topics: 1. Progress in constructing the CSO Project; 2. Progress on archaeological measures; 3. Any problems or unexpected issues encountered during the year; and 4. Any changes that the City believes should be made in implementation of this agreement. Ecology will provide the annual report to the Parties. The Parties shall review the annual report and provide comments to Ecology, who shall provide them to the City. D. Following completion of the Undertaking as defined in Stipulation V below, or Termination as defined in Stipulation VIII below, the City shall provide to Ecology, who will distribute to all Parties, a final summary report detailing work undertaken pursuant to its terms, including pursuant to the AWP. V. DURATION OF AGREEMENT This Agreement will continue in full force and effect until the Signatories accept a final summary report for the project or the MOA is terminated in accordance with Stipulation VIII. At any time in the three -month period prior to such occurrence, any Party to this MOA may request the Signatories to consider an extension or modification of this MOA. No extension or modification will be effective unless all Signatories have agreed with it in writing. VI. DISPUTE RESOLUTION Any Signatory may request that the EPA assist the Parties in resolving any dispute related to this MOA. In the event that a Signatory makes such a request, the EPA will assist the Parties in resolving the dispute through a process of informal negotiations. If informal negotiations do not successfully result in resolution of the dispute within thirty (30) days of the date the request was made to the EPA, the EPA shall take the following steps. 5 A. The EPA shall forward all documentation relevant to the dispute, including the EPA's proposed resolution, to the ACHP. The ACHP will have the opportunity to provide the EPA with its comments on the resolution of the dispute within 30 days of receiving adequate documentation. The EPA shall make a decision on the dispute within ten working days after receiving comments from ACHP. B. The EPA's final decision on the dispute will be in writing and will include a wntten response that takes into account any timely comments regarding the dispute from the ACHP and the signatories, and the EPA shall provide a copy of this written response to all signatories and the ACHP. C. The EPA will then proceed according to its fmal decision. D. Should the ACHP not provide its comments regarding the dispute within the 30 -day period, the EPA may make a fmal decision on the dispute and proceed accordingly. The EPA's final decision on the dispute will be in writing and include a written response that takes into account any timely comments regarding the dispute from the Signatories, and the EPA shall provide a copy of such written response to all Signatories and the ACHP. E. At any time during implementation of the stipulations contained in this Agreement, should an objection pertaining to this MOA be raised by a member of the public, the EPA shall notify the Parties and take the objection into account, consulting with any of the Parties to resolve the objection, if the EPA decides that such consultation is appropriate. F. During the pendency of any dispute, the responsibilities of each signatory to carry out all other actions pursuant to the terms of this MOA that are not the subject of the dispute shall remain unchanged. VII. AMENDMENTS A. Any Signatory may request that the MOA be amended, whereupon the Signatories will consult in accordance with 36 C.F.R. 800.6(c)(7) to consider such amendment. B. This MOA may be amended when such an amendment is agreed to in writing by all Signatories. The amendment will be effective on the date a copy signed by all Signatories. EPA will file the amended MOA with the ACHP, with copies to all Signatories. VIII. TERMINATION A. If any Signatory believes or concludes that the terms of this MOA will not or cannot be carried out, the Parties shall pursue the Dispute Resolution process set out in the Section VI above with respect to the claim that the terms of the MOA will not or cannot be carried out, or that Signatory shall promptly consult with the other Signatories to attempt to develop an amendment per Stipulation VII above. If within 30 days the Signatories cannot reach agreement on an amendment, any Signatory may terminate the MOA upon 30 days' written notification to the other Signatories. If at the conclusion of 6 the Dispute Resolution process a Signatory determines that the terms of the MOA will not or cannot be carried out, the MOA shall be terminated. B. Termination shall include the submission of a technical report and/or other documentation by the City to the Parties on work done up to and including the date of termination, as set forth in Stipulation IV Section D and the AWP. C. Once the MOA is terminated, the EPA must either (a) execute an MOA pursuant to 36 C.F.R. 800.6; or (b) request, take into account, and respond to the comments of the ACHP under 36 C.F.R. 800.7(c)( 4). The EPA shall notify the Parties as to the course of action it will pursue. Prior to EPA's decision or after, the City may request and EPA may authorize the City to proceed with the Undertaking if the City can demonstrate compliance with 36 CFR §800.4. IX. EXPIRATION. If the City has not commenced the Undertaking by January 31, 2017, this Agreement shall be considered null and void. In such event the City shall so notify the Parties and if it chooses to continue with the Undertaking, shall re- initiate review of the Undertaking. X. ANTI DEFICIENCY ACT This MOA is neither a fiscal nor a funds obligation document of the EPA. Any funding to be provided by the EPA will be done pursuant to a separate funding agreement. XI. SCOPE OF AGREEMENT A. This MOA is limited to the instant Undertaking and is entered into solely for that purpose. B. This MOA is neither intended nor shall be construed to diminish or affect in any way the right of the Lower Elwha Klallam Tribe to take any lawful action to protect Native American graves from disturbance or desecration, to protect archaeological sites from damage, or to protect the Lower Elwha Klallam Tribe's rights under cemetery and Native American graves protection laws or other applicable laws. C. This MOA in no way restricts any Party from participating in any activity with other public or private agencies, organizations, or individuals, except as provided for m the AWP. This MOA will be subject to, and will be carried out in compliance with, all applicable laws, regulations, and other legal requirements. D. This MOA does not create any right or benefit, substantive or procedural, enforceable by law or equity, by or against persons or entities who are not a party to this MOA, against the DAHP, Ecology, the City, Lower Elwha Klallam Tribe, or the EPA, or their officers, agents, or employees. This MOA does not waive the sovereign immunity of any Party. 7 E. If, following execution of this MOA, Ecology decides not to offer financial assistance from the CWSRF to Port Angeles for the Undertaking that is the subject of this MOA, this MOA will automatically become null and void. F. This Agreement shall not be interpreted as limiting, superseding, or otherwise affecting the EPA's normal operations or decisions in carrying out its statutory or regulatory duties. XII. PRINCIPAL CONTACTS The principal contacts for this MOA are as follows: Port Angeles (City of): Signatory: Mayor City of Port Angeles, WA 321 E. 5th Street Port Angeles, WA 98362 @cityofpa.com with a copy to: Kent Myers, City Manager City of Port Angeles, WA 321 E. 5th Street Port Angeles, WA 98362 kmyers @cityofpa.us Party Representative: Derek S. Beery, City Archaeologist City of Port Angeles, WA 321 E. 5th Street Port Angeles, WA 98362 dbeery@cityofpa.us Lower Elwha Klallam Tribe: Signatory: The Honorable Frances Charles, Chairwoman Tribal Council Lower Elwha Klallam Tribe 2851 Lower Elwha Road Port Angeles, Washington 98363 frances.charlesnelwha.nsn.us Party Representative: 8 Ecology: DAHP: Bill White, Tribal Archaeologist Tribal Council Lower Elwha Klallam Tribe 2851 Lower Elwha Road Port Angeles, Washington 98363 bill.white @elwha.nsn.us Signatory: Mr. Kelly Susewind, Program Manager Water Quality Program Washington Department of Ecology P.O. Box 47600 Olympia, Washington 98504 -7600 kelly.susewind( ecv.wa.aov Party Representative: Alice Rubin, Environmental Review Coordinator Water Quality Program Washington Department of Ecology P.O. Box 47600 Olympia, Washington 98504 -7600 alice.rubin @ecy.wa.gov Signatory: Dr. Allyson Brooks, State Historic Preservation Officer Washington Department of Archaeology Historic Preservation 1063 S. Capitol Way, Suite 106 PO Box 48343 Olympia. W A 98504 -8343 aliyson.brooks @dahp.wa.gov Party Representative: Rob Whitlam, State Archaeologist Washington Department of Archaeology Historic Preservation 1063 S. Capitol Way, Suite 106 PO Box 48343 Olympia, WA 98504 -8343 rob.whitlam@dahp.wa.gov EPA: Signatory: Michael A. Bussell, Director 9 Office of Water and Watersheds Environmental Protection Agency Region 10 1200 Sixth Avenue, Suite 900, OWW -137 Seattle, WA 98101 -3123 bussell.mike@epa.gov Party Representative: David Carcia, WA CWSRF Project Officer Office of Water and Watersheds Environmental Protection Agency 1200 Sixth Avenue, Suite 900, OWW -137 Seattle, WA 98101 -3123 carcia.david @epa.gov All notifications required pursuant to this MOA shall be made to the principal contacts in this Stipulation. XII. EXECUTION OF AGREEMENT A. This Agreement may be executed in counterparts, with a separate page for each signatory. The EPA will ensure that each Party is provided with a copy of the fully executed MOA. The EPA will file the MOA with the ACHP. B. Execution of this MOA by the EPA and the SHPO and its submission to the ACHP in accordance with 36 C.F.R. 800.6(b)(1)(iv), will, pursuant to 36 C.F.R. 800.6(c), be considered to be an agreement pursuant to the regulations issued by the ACHP for the purposes of Section 110(1) of the NHPA, 16 U.S.C. 470h -2(1). Execution, submission, and implementation of the terms of this MOA demonstrate that the EPA has afforded the ACHP an opportunity to comment on the proposed Undertaking and its effect on historic properties and that the EPA has taken into account the effect of the Undertaking on historic properties in accordance with Section 106 of the NHPA, 16 U.S.C. 470(F). C. This Agreement shall be effective on the date of the latest signature below. 10 SIGNATORIES: Each undersigned official certifies that he or she is fully authorized to enter into the terms and conditions of this MOA and to execute and legally bind the Party he or she represents to this document. THE LOWER ELWHA KLALLAM TRIBE By: Date: The Honorable Frances Charles, Chairwoman THE CITY OF PORT ANGELES By: Date: Mayor THE WASHINGTON DEPARTMENT OF ECOLOGY By: Date: Kelly Suswind, Program Manager Water Quality Program UNITED STATES ENVIRONMENTAL PROTECTION AGENCY By: Date: Michael A. Bussell, Director Office of Water and Watersheds THE WASHINGTON STATE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION By: Date: Dr. Allyson Brooks, State Historic Preservation Officer 11 CSO Prole cted Path c r s o Phases APE Phase 2(not pan ei undanabn9 taymg) Phase (not pan of undo' bugmg Repeal outiag $SO Feet mot e nd of prot Attar ent A Maps o f the Area of potential Effects 12 Attachment B Archaeological Work Plan 13 Work Flan Combined Sewer Overflow (CSO) Project, Phase 1 Clallam County, Washington City of Port Angeles, Washington 321 E. Fifth Street Port Angeles, WA 98362 Derek S. Beery, City of Port Angeles Archaeologist 12/13/2011 City of Port Angeles, WA CSO Archaeological Work Plan Table of Contents Introduction 1 CSO Project 8 Previous Investigations and Potential for Discovery 10 Archaeological Procedures 7 Briefing 14 Qualifications 15 Review of Final Construction Plans 15 Archaeological Monitoring 16 Work Stoppage 18 Human Remains 19 Inadvertent Collection 20 Confidentiality 20 Reporting 21 Schedule 22 References Cited 23 APPENDIX A: Contact List 24 Page 1 i City of Port Angeles, WA CSO Archaeological Work Plan List of Figures Figure 1. CSO Phase 1 Project Location on USGS 7.5 min Port Angeles, WA Quadrangle ...2 Figure 2. CSO Phase 1 Project Design Plan and Profile (Rayonier and WWTP structures) 3 Figure 3. Generalized CSO Phase 1 Project APE Overview on 2006 Orthophoto 4 Figure 4. CSO Phase 1 Project APE detail for Rayonier and WWTP structures 5 Figure 5. CSO Phase 1 Project APE and recorded historical properties 7 Figure 6. High probability area of the CSO and archaeological sampling locations 11 Page 1 zi City of Port Angeles, WA CSO Archaeological Work Plan Introduction The City of Port Angeles (City) is proceeding with a Combined Sewer Overflow project (CSO) in Clallam County, WA. Phase 1 of the CSO project, the current Undertaking, is proposed to begin at the intersection of Oak and Front streets in downtown Port Angeles and proceed north one block and then continue east within the existing 48" diameter Industrial Water Line (IWL) beneath the Olympic Discovery Trail (ODT) (Figure 1). At Francis Street Park a secondary line will stretch from the top of the bluff to the ODT in a trench and parallel the IWL within the ODT to the east. Once the IWL reaches the former Rayonier Mill the lines exit the existing pipeline and will be buried or covered by a berm into and out of the existing wastewater treatment plant (WWTP), into and out of an existing 4.9 million gallon tank, and ultimately connect to the existing Rayonier industrial outfall (Figure 2). A new light vehicle bridge over Ennis Creek will be necessary to convey the pipelines (see Figure 2). The Area of Potential Effect (APE) for the Undertaking is briefly defined as a 30 foot wide corridor centered on the CSO Project centerline extending north then east from Oak and Front streets and along Railroad Avenue and the ODT to Ennis Creek after which it turns south to the WWTP (Figures 3 and 4). At the turn to the south the APE expands to a 60 foot wide corridor continuing to the WWTP to accommodate an increase in the number of pipes in the common trench and two diversion structures (See Figure 4). The CSO Project will be partially funded by a Clean Water State Revolving Fund (CWSRF) loan from the Washington Department of Ecology (Ecology). The Environmental Protection Agency (EPA) has determined that projects offered Federal assistance through the Washington CWSRF are undertakings subject to review under Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.0 470f, (Section 106) and its implementing regulations at 36 Code of Federal Regulations (C.F.R.) Part 800. As such, the CSO Project is subject to Section 106 of the NHPA. NHPA requires that federal agencies identify and assess the effects of an undertaking on historic properties. Historic properties are those that are listed, or are eligible for listing on the National Register of Historic Places (NRHP) and may include buildings or other structures, archaeological sites, and traditional cultural properties. Eligible properties generally must be at least 50 years old, possess integrity of physical characteristics, and meet at least one of four criteria of significance (36 CFR 60.4). This Archaeological Work Plan (AWP) is necessary for NHPA compliance for the CSO Project because of the proximity of the Undertaking to recorded archaeological sites and the potential for new archaeological discoveries in areas of high probability for archaeological resources where archaeological sampling has not cleared the full extent of the APE. Page 1 1 City of Port Angeles, WA CSO Archaeological Work Plan 34 „lPult Plt Al Figure 1. CSO Phase 1 Project Location on USGS 7 5 nun Port Angeles, WA Quadrangle I 4 Open Trench Seo Rayonier Specific Plans PORT ANGELES Pit Or Junes installed within existing 48" IWL I- ii•-• Pull Pits C and 0 with Open Trench Between 4,1 )Pull Pit El Pull Pit F $6. USGS 7.5-min Quadrangle Port Angeles, WA 730NR6W Section 2 and 3 Clallam County Teel Thls slap Is not Weeded to be used ois a heal dm-dollen Tim may/ST.1Sn ptcduced by the Crty ol Pod Angeles he Its ass oft and putposee Any ether use of this tnap*asehts shall nm be the ressansdillty el the City a000 lExistung Rayonier Outfit!!! Foam Tankto .•.14 CC ,1 •8. Open Trench See Rayonier Specific N HARI Plans Page I 2 City of Port Angeles, WA ABBREVIATION LEGEND APE AREA OFFOTEYIAL LITECT aV cs00PERGlONIPSPEO TORAVOTII0TANN) 949 COO RETLRMPIOPEGmbL RAYON. TANU RS RAWER/WOE Go GRAWIT OW. iY FORCE OWN (MOM PS NO AI AAE INDUSTRIAL WINTER UNE C50 COYSNED SEVER OE0'LOW MCA EASTERNURS.N GROMRNEA HATCH LEGEND 7-=f AREA OF POTENTIAL EFFECT WW1 0EASTFI000NCPETE f *CL.NUTED VE RAND AMA NM TOP OF OPR WM DENY GM Sims RVAC 5 MEET sMER 18 7- 1Rq FASMO '1, 2 WE /JOT /C YEONr Ate-. CONTRCI vAirl RS CROSS MTV -EA G NWSFPYL ARO PE CSOPPELNE CROSSES OVER 27- EASM03 RUMMIRO CASINO CONCRETE PAD WHOM SCALE COSTING /t 7-M �k J r 1 52 /r SN f xDGFw99,El CLLVERT OEMESSON ]CRS- 21 R8 0- CSO Archaeological Work Plan EASTNOCOICREIE PAD I KEIOHECNE TwilANOUNirS /A/31r MEMO Wacw SCALE Figure 2. Phase 1 Design Plan and Profile (Rayonier and W WTP structures) Mown/ wWFWATEF YAM TUGGING OEIr ATPxi ENNA (REEI(VYS vAP+ED 0013,30 /0 FNNRER RAVORER Y GC. ERE00UMORY EX/SONOGRAM xr RE 1 9.y 2R'Re AsnxGC -I 6415 10 Paw. PLAN etel 100 WAR ST 1 SURGE REAL Ps 155,'1 E,V 16100 YATCA! UNE SCE INSCiti TORUS. AsnND ,jES�Two ir 27- O CSOPPOWES MORRO MOT sir CROSS OVER EwSTPC M RAP ACFRP cs0 P.M/Es Aron 527- FY 27 PROPOSED MLLNMT DNEnsARSmUM/RE A 7 I 3 /E"sINOGRAM Pi Moos OVER SEW PARALLEL GRAM MITT., ENISTNO STORY ORAW CULVERT PPEi r C APPMA OFM BDFT FLEW 15.0 25.00 PROFILE AT t ow °U Of cSO PPEVLE9 CROSS MCR 43/ FRP SRAM NETI.Atio N HETLVOe COOWUF EAC OAY IN Go PPC E TOESSI DNE011RSIOREIMIMLYE EASTOSINWOONFALL 89liOriS1RUCFUPE NG LvrAYresrATaN I _I CSO NKOMO Or FRAM MOO CROSSOVER IPMKtet sr CON m0TLm) 4 PHASE 1 CSO PROJECT CONCEPTUAL DESIGN PLAN 8 PROFILE SHEET 2 OF 2 429.2010 EA I 1� d': O PAMY a rF �U L pxfIeN1 0 I OUST. POT TAMES MOM I TNS OW MITNUL. i Page 13 CSO PrOlgeteti Petit it �,..r CSO Phase Phase 2 (not part of u ndena'hng Phase 3 toot pad o4 undertaking) loi Fatie'rng Raygaer WWI 950 iFeet City of port Angeles, WA CSO Archaeological Work plan dj �''�r «1 t 4l a,' rts"r 4�F�' a ^+p ti a� e i y E Overview o n 2006 Orthophoto e General CSO Phase Figs Page 4 City of Port Angeles, WA 38) t .10c 30 fi,lierAFE 1 3 1 Former RayOnier mill site boundary,',.. VertmaLlsbum-3A1 VD SS arkautatDow•-1j4D11.79.7 1 44 I 0.5:ft Deep 60ft Wide APE except at bridge abutments (pilings up 40 ft deep) iA4 4. 'Effluent, biversiOn 1 0. 20ftDeep 11 Structure, 10.15 ft Deep, 4' 30 ft Wide Foam Tank' 5 -10 ft Depp 0 ft Wide APE an'dge tSitej, 5- 10 ft Deep 30 ft Wide APE AV e t• 5 'it ia 15 ediep 41k '30 ft Wi de AF!Ei!'. >,IsiTI*1■1 CSO Archaeological Work Plan 4 11 11 11 11 11 19 10 -it 5,ft peep, 60, ft Wide APE ib 15 ft DeePrg7 30 ftWide APE Figure 4. CSO Phase 1 Project APE detail for Rayonier and WWTP structures Maly e Vault .1. -T.- e ,z,... 1 tir 0 4.... r Page I 5 City of Port Angeles, WA CSO Archaeological Work Plan The CSO Project will follow the former Milwaukee, St Paul, and Pacific/ Seattle and North Coast Railroad grade (45CA458) and cross near the Hollywood Beach ethnographic site (45CA235). The project corridor follows the former railroad, now the ODT, either within a new open trench or slip -lined within the IWL from the corner of Oak and Railroad east to the edge of the Rayonier property (Figure 5). Through this area, the railroad does not retain structural integrity and is not considered contributing to the potential NRHP eligibility of the site in other areas of Clallam County. The IWL is not eligible for the NRHP and the placement of the CSO force mains within the IWL will not affect the potentially eligible Hollywood Beach ethnographic site. Once the project exits the IWL at the western edge of the Rayonier property, the CSO runs about 150 feet east of previously recorded site 45CA468 and through (although above the original elevations) the Puget Sound Cooperative Colony site (45CA236h) (see Figure 5). The CSO APE does not appear to adversely affect sites that currently meet the criteria for National Register of Historic Places (NRHP) inclusion. To date, ground surface inventory, archaeological sampling of higher probability areas, and archaeological monitoring of the geotechnical and utility locate projects for the CSO Project have not resulted in the observance of significant or intact pre- contact or historical archaeological features, artifacts, or deposits associated either with 45CA236h or 45CA468 within the APE. Regardless, there remains some possibility that construction of the CSO may encounter archaeological evidence during ground disturbing actions where archaeological sampling has not taken place- necessitating the preparation this AWP. The City, Washington State Department of Archaeology and Historic Preservation (DAHP), Lower Elwha Klallam Tribe (LEKT), EPA, and Ecology (the MOA Parties) agreed that archaeological monitoring would be part of the City's effort to arrive at a conclusion of "no adverse effect to NRHP eligible historic resources" for the Undertaking. Ecology staff in the Water Quality Program serves as the primary contact for the cultural resources compliance process for the CSO Project since they are acting as the project permitting and funding lead delegated on behalf of the EPA Region 10 for NHPA Section 106 compliance. EPA must, however, direct the tribal consultation process for the CSO Project. The LEKT is the primary tribal contact for the project as designated in the MOA. Other tribes consulted by EPA for the Undertaking included the Jamestown S'Klallam Tribe, Port Gamble S'Klallam Tribe, Skokomish Tribal Nation, Makah Tribe, Puyallup Tribe of Indians, and Confederated Tribes and Bands of the Yakama Nation. Page 16 City of Port Angeles, WA CSO Archaeological Work Plan CSOAPE 0 ibbles Mb map Is not a..na.ato x mod as a bfpl 7euripbn rhS mapaadng u p educed W the City of Pon Angeles fa Its own ma and pupoeee My other w of We mapmarfng .nab not be au msponsleiay of m. ehy `rgure 5. CSO Phase 1 Project APE and recorded historical properties Page 1 7 City of Port Angeles, WA CSO Archaeological Work Plan CSO Project The CSO Project is located in northwest Washington in Sections 2, 3, and 11 of Township 30 North, Range 6 West, in Port Angeles, Clallam County (see Figure 1). The CSO project includes installation of large sewer mains, added storage, capacity improvements to the City's existing wastewater treatment plant system, and a new light vehicle bridge over Ennis Creek. The project also involves placing an abandoned industrial outfall into service as the primary outfall from the WWTP. The APE, for the purpose of this NHPA Section 106 compliance process, is a 30 foot wide corridor centered on the CSO Project centerline extending north one block from Oak and Front streets then turning east along Railroad Avenue and the ODT to Ennis Creek after which it turns south to the WWTP (sees Figures 3 and 4). There it expands to a 60 foot wide APE past the existing 4.9 million gallon tank and into the WWTP (see Figures 3 and 4). One additional area of APE, the Outfall Intertie, is present near the Ennis Creek estuary to connect two existing large pipes for use of the Rayonier industrial outfall (see Figure 4). In general, pipelines will be placed within the existing IWL corridor until it terminates at the Rayonier Property. Then it will be constructed within new trenches. Engineers working with the City Archaeologist have minimized trench depths in an attempt to remain in previously disturbed or fill soils when possible. An earlier effort to engineer the project without ground disturbances in all areas of archaeological sensitivity was unsuccessful but did serve to reduce disturbance in higher probability areas. CSO Project construction will require a variable degree of ground disturbance at the former Rayonier Mill including areas where pipes will be buried up to 20 feet deep and others where the piping will be laid above existing ground surfaces in order to meet required grade elevations (see Figure 2). Near Ennis Creek force main trenches average three to six feet deep. The gravity pipes on the upper (lower probability) elevations are deeper; up to 15 feet deep near the WWTP. The approximately 85 foot long connection of the industrial outfall intertie will also be deep, again 14 to 15 feet, to connect the two existing lines already buried at that depth to bypass the existing foam tank. City consultations with the LEKT have identified the intertie component not only as a high probability area for archaeology but also as a high priority component of the project for the environmental health of the harbor. The LEKT have agreed that the potential for archaeology is outweighed by the ecological benefits provided by the incorporation of the Industrial Outfall component. Page I 8 City of Port Angeles, WA CSO Archaeological Work Plan The CSO Project indudes the following Phase 1 improvements: 1) Three new force mains connecting to the existing force mains at Front and Oak streets to be laid over the existing IWL from the intersection of Front and Oak to the intersection of Oak and Railroad one block north. 2) Three new force mains, slip -lined within the IWL (two 14 inch diameter and one 30 inch diameter) from Oak Street to the Rayonier property. Between downtown and the Rayonier site, six pits will be needed in order to pull new pipelines through an abandoned 48" diameter concrete cylinder pipe (the IWL). 3) Two new force mains, 24- inches and 36- inches in diameter extending from the edge of the Rayonier property to the Wastewater Treatment Plant (WWTP). 4) Gravity wastewater pipeline (36 inches in diameter) from Francis Street Park to the WWTP trenched within the ODT parallel to the IWL. 5) A new 100 foot long bridge to carry the three wastewater mains over Ennis Creek. The bridge will also be used for the ODT, and in the future it may carry traffic loads, depending on future uses of the Rayonier site. 6) No work is planned within Ennis Creek itself except the removal of an abandoned creosoted timber railroad bridge (non contributing component of 45CA458). The new bridge span is wide enough to enable future stream restoration projects by others. 7) A new influent diversion structure, located west of the headworks of the WWTP just inside the boundary of the Rayonier site, to pump flows in excess of treatment plant capacity to the storage tank. 8) Pipelines to and from the storage tank, a return pump station, and associated components. 9) Modifications to the 4.9 million gallon storage tank that indudes a stair tower requiring its own foundation excavation. Other improvements include demolition of pipes inside the tank, new coatings inside and outside, and a system for cleaning the tank. 10) New 36 inch diameter emergency overflow pipe from the storage tank. 11) Internal WWTP improvements (chlorine contact tank, headworks, trickling filter) within the footprint of the existing plant. 12) Effluent diversion structure with weir system to route most flows to the industrial outfall and utilize the City outfall under high flow, high tide conditions and a separate, 36 inch diameter gravity outfall pipeline from the effluent diversion structure to a connection with existing industrial piping. 13) Retrofit of abandoned 42 inch diameter Rayonier piping to a location in the vicinity of an existing vault and tank, where a connection will be made to the 48 inch diameter industrial outfall Page 1 9 City of Port Angeles, WA CSO Archaeological Work Plan 14) Outfall Intertie connection to 48 inch industrial outfall requires an 85 foot long trench about 15 feet deep. 15) Minor repairs and maintenance of the 48 inch industrial outfall (from within the Strait). The IWL with three internally slip -lined force mains; the western 1,700 linear feet of the gravity pipeline from Francis Street, and the improvements inside the WWTP are located either on City owned or leased property. This includes Oak Street, Railroad Avenue, the ODT along the shoreline from Lincoln Street to the western edge of the Rayonier property and the WWTP property. The City has also recently purchased 12 acres of the Rayonier property adjoining the WWTP including the 4.9 million gallon tank and obtained pipeline easements and temporary construction easements in order to secure appropriate property rights for the Project. The remainders of CSO Project components are located on Rayonier property where the City has negotiated right of way with ITT Rayonier. Previous Investigations and Potential for Discovery It is well documented that the CSO Project crosses Klallam village and historical, Euro American industrial/domestic sites (Klallam village ofTe"nis, Puget Sound Cooperative Colony; 45CA468/236h) (see Figure 5). However, no obvious pre- contact or NRHP eligible historical archaeological resources were observed by the archaeological monitors during earlier CSO Project related, exploratory ground disturbances (Beery 2010) or during archaeological sampling for this CSO Project (Beery 2011a). A few of the previous subsurface exposures have exhibited some shell and animal bone fragments, a few historic artifacts, and dark organic soil layers and isolated fire altered rock; but generally lack any definitive midden -like or other culturally relevant identifiers. Based on occurrences of isolated archaeological information and available background information from previous studies, higher probability areas were defined in the CSO Cultural Resources Assessment Report (Beery 2010:118). Several professional compliance projects have generally failed to identify widespread and intact archaeology and there may be relatively few areas of the Klallam village (45CA468), or the PSCC site (24CA236h) that remain undisturbed except potentially below the fill along Ennis Creek and in the vicinity of the historic shoreline. Therefore the highest probability areas are those with observed Holocene beach and alluvial soils along Ennis Creek and near the primary clarifier on the Rayonier Property (Beery 2010 and Shannon and Wilson 2009). As part of the compliance effort the City Archaeologist placed 14 large archaeological sample units along the CSO centerline within these higher probability areas during a July 2011 exploratory effort (Figure 6 and see Beery 2011a and b). Page I 10 CSC) Archaeo Plai ageles, A Port A itY o its Sato Pl�ng �n 0�09��� Maus Pty�ae U1�t+es an nO �Xten S. a n Cce l tiia ¢Ytoposed G$0 f` k C� 4 n as Glee 2ti Feet r s 5 p and a ftre Ica a Page 11 City of Port Angeles, WA CSO Archaeological Work Plan The placement of the archaeological trenches intended to: 1) identify any substantial archaeological sites within the higher probability areas that might be disturbed by CSO Project construction, 2) gain better understanding of soil types within the CSO ground disturbance zone every 80 to 100 feet within the higher probability areas of the APE, and 3) provide buffer areas where the full extent of the CSO ground disturbance zone was cleared to vertical limits and the horizontal width of the proposed CSO Project construction trench every 80 to 100 feet through the higher probability areas ahead of the main construction phase. Based upon the results of the archaeological sampling, the City Archaeologist hypothesized that the project may move forward with confidence that any inadvertent archaeological finds, if encountered during construction, can be handled efficiently and confidently with the understanding that any finds will not extend more than 80 to 100 feet within the linear CSO APE (Beery 2011a). The archaeological sampling project found that it appears both natural and anthropogenic disturbances associated with an energetic shoreline and the construction of the Foam Tank and associated utilities have impacted the integrity of the historic shoreline at the Outfall Intertie location and there is little likelihood of an intact archaeological discovery there (Beery 2011a: 63 -64). The few historic and potentially pre contact finds associated with main CSO centerline on either side of Ennis Creek do not constitute significant cultural resources in the opinion of the City Archaeologist. Regardless, there remains some likelihood that out -of- context or isolated pre contact artifacts or historical features and artifacts may be encountered during the CSO construction. The City has planned to monitor all ground disturbances as part of the CSO Project construction along the main centerline and at the Outfall Intertie connection. This decision correlates to several agreements that are withstanding on the former Rayonier Mill property and as a result of the WSDOT Graving Dock lawsuit settlement (see Beery 2010: 14 -15). Previous archaeological investigations, including the archaeological sampling project, did not intend to reduce or remove the stipulation for monitoring but were instead designed to give planners, engineers, permitting agencies and consulting tribes additional information on what to expect during the CSO Project construction and identify any large issues with time for adequate planning. Based upon the results of previous archaeological work for the Undertaking, it is not very likely that the City will encounter intact and significant archaeological or historic sites during the ground disturbing work. The likelihood that a large intact site remains beneath the fill at Rayonier is low in areas where the Page112 City of Port Angeles, WA CSO Archaeological Work Plan CSO Project will have ground disturbing impacts. It remains very likely, however, that there will be isolated occurrences of cultural resources, perhaps even human remains, which will need to be handled appropriately during the project. For this reason this AWP is being enacted for the Undertaking. The MOA and this attached AWP devise and implement protocols and guidelines should such occurrences be encountered. Archaeological Procedures Archaeological monitoring and inadvertent discovery protocols were developed through consultation between the MOA Parties (City, EPA, Ecology, DAHP, and LEKT). The policies are consistent with the NHPA, the Archaeological Resources Protection Act (ARPA), Chapter 25.48 Washington Administrative Code, and Chapters 27.44 and 27.53 of the Revised Code of Washington. The AWP also follows protocols established in the LEKT Monitoring and Discovery Plan where consistent with state and federal laws. This AWP also follows the August 14th, 2006 Settlement Agreement among the State of Washington, Lower Elwha Klallam Tribe, City of Port Angeles, and Port of Port Angeles for construction areas within the City of Port Angeles but excluding the former Rayonier Mill site. The Rayonier property is also subject to an Intergovernmental Agreement, dated March 1999, between the Ecology and the LEKT pertaining to cultural and environmental issues associated with the Rayonier Mill cleanup; and a Cooperative Agreement between Rayonier, Inc. and the LEKT, dated June 1999, also pertaining to cultural and environmental issues associated with the Rayonier Mill cleanup. The City will employ qualified archaeologists to monitor construction- related ground disturbances. The City Archaeologist will serve as the project Principal Archaeologist. The Lower Elwha Klallam Tribal Archaeologist or one or more cultural monitors may also monitor these locations. Typical markers of archaeology usually include such things as discarded shell, fire altered rock, animal bone, Ethic debitage, stone tools, heat altered sediment, charcoal, ash, or other organic materials like cordage and fiber, or exotic materials not normally found in the region. Historic materials may also be encountered and typical historic period artifacts, in addition to many of the items discussed in the previous sentence, include items pre- dating 1950 A.D. such as milled lumber, masonry features, concrete, glass, ceramic, brick, wire, nails or other evidence of historic occupation and industry. Newly discovered archaeological sites or components that appear to be significant (eligible for listing on the NRHP) would include resources with intact, stratified deposits or diagnostic artifacts or features that could provide chronological data as well as information about pre- contact Native America or important historic activities associated with the Puget Sound Cooperative Colony or early establishment of the mill. Page 1 13 City of Port Angeles, WA CSO Archaeological Work Plan Discovery of human remains, either in primary context or disturbed fill, would require additional archaeological and legal measures. Criteria and integrity requirements for listing on the NRHP (36 CFR 60.4) will provide the standards for identification and evaluation of significance for any identified cultural material. If a discovery is made during construction, the EPA/Ecology, in consultation with the State Historic Preservation Officer (SHPO) at DAHP, may assume eligibility for purposes of Section 106 and begin consultation for resolution of adverse effects [36 CFR 800.13 (c)]. If project effects to a significant historic property cannot be avoided, a treatment plan addendum to the MOA will be developed by the City and implemented through consultation with the MOA Parties. The Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation will apply to the treatment plan, including provisions for a research design, documentation, reporting and curation. It is noted as General Policy that NRHP eligible historical resources will be actively protected in place when feasible and that the collection of artifacts by employees, construction personnel, or others with access to the construction zone is strictly prohibited and subject to criminal prosecution. The contractor's construction operators will report any items of archaeological interest encountered during the project to archaeological monitors immediately upon discovery of the items and shall not continue with ground disturbing activity until directed by the Principal Archaeologist. Briefing The City will provide training on archaeological monitoring issues to construction personnel at a pre work meeting to ensure that contract personnel understand the duties of the archaeological monitors and will comply with any and all necessary conditions imposed by them. Operators who have not received this training to the satisfaction of the Principal Archaeologist will not be allowed to perform ground disturbing work. The briefings will be conducted by the Principal Archaeologist and the City Project Manager. The briefing will include information about the roles of personnel, the legality of cultural resources compliance, and issues of respect and sensitivity of archaeological issues for modern Native American cultures. The briefing will also focus on the procedures to be followed if an archaeological discovery is made during construction either in the presence of an archaeological monitor or in the event one is not present. Tailgate discussions led by the Principal Archaeologist will also occur throughout the project construction phase to keep monitors and construction personnel up to date on cultural resources issues. Page 114 City of Port Angeles, WA CSO Archaeological Work Plan Qualifications All project related ground disturbances will be supervised by the City Archaeologist, acting as the Project Principal Archaeologist who meets the Secretary of the Interior's Professional Qualifications Standards for Archeology (48 FR 44738). At least one City employed or contracted archaeologist is required to be on location during any ground disturbance along the CSO Mainline or the Outfall Intertie. Appointees not meeting the criteria of a professional archaeologist under WAC 27.53.030(8) cannot monitor unsupervised. The LEKT Tribal archaeologist and one or more Cultural Monitors, selected by LEKT for their expertise in tribal cultural practices as related to archaeological and construction activities, may also be present at any time the Archaeological Monitors are present. Cultural Monitors shall have the same access as the Archaeological Monitors and shall advise as to cultural protocols and practices that must be adhered to in the event of discovery of archaeological deposits or human remains. The City has previously agreed to reimburse the LEKT the hourly rate for Cultural Monitors at a ratio of one Cultural Monitor per City employed archaeologist for the duration of the archaeologically monitored ground disturbing components on the Undertaking. Review of Final Construction Plans The current CSO Phase 1 construction plans are 90% design. 100% design is anticipated by March 2012. Final plans cannot be produced without approval from Ecology as part of a Stormwater Management Permit that is currently undergoing public comment and agency review at the time of production of this AWP. It is anticipated that small "tweaks" may be required to manage the stormwater runoff in the construction plans but that these will have marginal, if any, effect upon the APE as described previously in the CSO Assessment Report (Beery 2010). The APE has not changed from the 60% design plans and APE changes are not anticipated as the City finalizes the 90% design plan and begins construction of the Undertaking. Prior to construction excavation for any project element, The City Archaeologist will review the final construction plans for that element to determine if construction techniques or maximum depths of construction excavation have changed requiring changes to this AWP. In this case the Principal Archaeologist will revise this AWP and notify Ecology of the revision. Ecology will provide the revised AWP to the MOA parties who will then have fourteen (14) working days to review and accept the changes or advise Ecology that further consultation is necessary. Once all MOA Parties have accepted a revised AWP it will replace the existing version. Page 115 City of Port Angeles, WA CSO Archaeological Work Plan Archaeological Monitoring The primary goal of archaeological monitoring will be discovery and documentation of previously unknown items of archaeological interest from the exposed construction trenches within the CSO Project APE. Monitoring procedures are general guidelines that usually include examination of cleared and graded surfaces. These surfaces are sometimes exposed by grading and trenching so that they have greater potential to display previously unexposed pre- contact or historic archaeological materials. The following steps outline what steps will occur to meet the archaeological monitoring requirements for the Undertaking and defines the procedures to follow if pre- contact or significant historic archaeological resources are discovered during project construction: 1. Archaeological Monitors will be responsible for notifying the Principal Archaeologist of any archaeological discoveries. The Principal Archaeologist is then responsible for notifying the City Project Manager, Construction Supervisor and Ecology of any significant historical archaeological find or any Pre contact or Native American archaeological discovery. The attached Chain of Communication (Appendix A) defines one contact for each signatory party to the CSO MOA who shall be contacted by Ecology in the event of a notable discovery. Ecology may also notify other interested tribes and parties of archaeological efforts or discoveries as part of their NRHP responsibilities. If the find includes human remains, the Principal Archaeologist will also immediately notify the Clallam County Coroner and the Port Angeles Police as stipulated by State Law (see subsection on Human Remains). 2. Archeological monitoring will focus on ground clearing, grading, and trenching activities. Monitoring will include visual inspection of trench walls, physical inspection of excavated sediments, description and documentation of stratigraphic exposures, and compilation of detailed monitoring notes and reports. The archaeological monitors shall observe ground disturbances from several perspectives during the activities including observation of the sidewalls of the trench excavations and examination of the spoil piles as necessary. Archeological monitors will keep detailed field notes on all monitoring related activities. Screening of sediments will be to the discretion of the Principal Archaeologist. 3. Archaeological monitoring will require close communication with the construction contractor. The monitor may enter the excavation area and examine the sidewalls and surfaces more closely if any signs of cultural resources are observed. In limited cases the Page 116 City of Port Angeles, WA CSO Archaeological Work Plan archaeologist may request that equipment operators modify their procedures to expose subsurface stratigraphy in thin lifts in an effort to identify additional archaeological evidence. Archaeological monitors will always place safety first during monitoring activities. 4. Archaeological monitors will have the authority to temporarily halt construction while examining possible discoveries and will immediately notify the Principal Archaeologist in the case of a work stoppage of longer than 30 minutes. If the Principal Archaeologist determines the find, or portions thereof, require supplemental investigations and the discovery may result in a longer delay, he will inform the Construction Superintendent and City Project Manager immediately. The Construction Superintendent will halt Contractor activity in an area defined by the Principal Archaeologist to ensure the integrity of the find is not compromised (though construction activities may continue elsewhere in the project area). It will be the duty of the Principal Archaeologist to notify Ecology and confirm the work stoppage area. 5. If cultural materials that are not isolated finds are confirmed by the Principal Archaeologist or Archaeological Monitor additional identification and evaluation may be required. For the purposes of this project a site is defined as two or more archaeological objects (artifacts or features) found on the same landform and within reasonable proximity to each other. An isolate is defined as any single artifact or single object broken into multiple pieces (such as a glass jar broken into multiple fragments). Any features such as fire hearths or other domestic features, refuse dumps /midden, concentrations of more than five prehistoric artifacts, or ten or more historic artifacts will require further investigation. If such finds are encountered supplemental investigations may be conducted to determine the significance of the archaeological resource. 6. Archaeological monitors will ensure the proper documentation and assessment of any items of archaeological interest that are encountered during the undertaking. (i) All archaeological materials discovered during the project will be recorded by an archaeological monitor in field notebooks for later transfer to the DAHP site form format. (ii) Site overviews, features, and artifacts will be digitally photographed as applicable. Page 117 City of Port Angeles, WA CSO Archaeological Work Plan (iii) Artifacts and archaeological samples will not be collected unless specified as a condition in a treatment plan or other addendum to this AWP (and the MOA) or after Ecology provides notice to the MOA parties that additional documentation and analyses are required to make a determination of NRHP eligibility for the discovery. (iv) Stratigraphic profiles and soil descriptions will be prepared for soil exposures when appropriate. (v) Discovery locations will be documented on scale plans and site maps. (vi) Features and objects identified by the monitors as requiring recordation will be plotted using professional grade GPS. 7. In the event of newly discovered cultural material the Archaeological Monitor will notify the Principal Archaeologist of the find. The Principal Archaeologist will ensure that the Construction Supervisor, City Project Manager, and Ecology are notified of the discovery within one (1) day. The Principal Archaeologist will assemble all documentation produced by the archaeological monitors and compose a preliminary assessment of significance. If a discovery is made during construction, the EPA, Ecology, the City, DAHP and LEKT may assume eligibility for purposes of Section 106 and begin consultation for resolution of adverse effects. (i) Any samples or artifacts collected during such documentation and analysis will be held in secure storage until such a time as they can be conveyed to a repository that meets federal standards or returned to their original location. The LEKT may provide this service. (ii) The City/and or ITT Rayonier have previously agreed (ITT Rayonier through other existing legal agreements) to donate to the LEKT any artifact discovered that the LEKT Tribal Archaeologist determines is of significance to the Tribe. Work Stoppage In the event of a longer -term greater than one day) work stoppage the Principal Archaeologist will work with the City Project Manager and Construction Superintendent to secure and buffer the area of the find with fencing, barricades, or by other means to ensure protection of the find during the process of notification or for additional archaeological recording and/or recovery. There is not a set time limit for work stoppage in the buffer zone. Resumption of work in the area of the discovery will be consistent with Page 1 18 City of Port Angeles, WA CSO Archaeological Work Plan the results of consultation between the MOA signatory parties. A treatment plan may be necessary to direct a course of action in the event that a significant historical resource cannot be avoided during construction. In the event of a work stoppage the following steps will be taken: 1) Ecology shall ensure that the MOA Parties are contacted within one (1) working day. 2) Ecology, working with the City Project Manager and Principal Archaeologist, shall arrange for all MOA Parties who so chose to conduct a joint viewing of the discovery within forty-eight (48) hours of the notification; or at the earliest feasible time thereafter. 3) EPA will consult with the MOA Parties regarding adverse effect resolution. Resumption of the work in the area of the discovery will be consistent with the results of the consultation. 4) If consultation results in the conclusion that the project effects to an historic property cannot be avoided, the MOA Parties (EPA, Ecology, DAHP, LEKT, and the City) will work together to develop a treatment plan that applies the guidelines found in the Secretary of the Interior's Guidelines for Archeology and Historic Preservation. This will include provisions for research design, documentation, reporting and curation. Particular measures will depend upon the development of research questions and design of excavation strategies that are required to address such questions. The City will prepare such plan and submit it to Ecology within five (5) working days of identification. The MOA parties will have a maximum of seven days (7) to review and comment. If comments are not received then concurrence will be presumed and the treatment plan will be immediately implemented. Human Remains If construction activity unearths human remains, including intact burials or isolated human teeth or bones, or other mortuary items; then all activity must cease that may cause further disturbance to those remains and the area of the find must be secured and protected from further disturbance (see subsection on Work Stoppage). The finding of human skeletal remains must be reported to the Clallam County Coroner and the Port Angeles Police Department in the most expeditious manner possible. The remains should not be touched, moved, or further disturbed. The Coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non- forensic/archaeological. If the Coroner determines the remains are non forensic, then they will report that finding to DAHP who will then take jurisdiction over the remains. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non Indian and report that finding to any appropriate cemeteries and the affected tribes. DAHP will then handle all Page 19 City of Port Angeles, WA CSO Archaeological Work Plan consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. The Principal Archaeologist shall make the notification of human remains to the Clallam County Coroner and the Port Angeles Police Department. Concurrent with this notification the Principal Archaeologist will also notify the City Project Manager, the Construction Supervisor, and Ecology consistent with all other work stoppage requirements. In following this protocol, EPA and Ecology, should not at any point have possession or control over Native American human remains, associated or unassociated funerary objects, sacred objects, or objects of cultural patrimony as contemplated in the Native American Graves Protection and Repatriation Act (25 U.S.C. Section 3001 et seg.) (NAGPRA). Inadvertent Collection Collection of artifacts or other items of archaeological interest by contractor's employees, construction personnel, or others with access to the APE as guests or employees of the City are strictly prohibited except as discussed under the protocols above when professional archaeological analysis is required to make a determine of the significance of an inadvertent discovery or to better define research questions as part of preparation of a Treatment Plan. If Native American human remains or associated or unassociated funerary objects are inadvertently collected during archaeological investigations then the reporting protocols discussed above under Human Remains shall take precedence. If sacred objects or objects of cultural patrimony are inadvertently collected during any archaeological investigation, the EPA in consultation with the other MOA parties will notify the concerned tribes so that the City may return the objects or artifacts to the LEKT at a time acceptable to the LEKT. Human remains and funerary or sacred artifacts shall remain unwashed and without further analysis under 24 -hour security until DAHP, law enforcement or LEKT takes possession. Confidentiality The parties of the MOA recognize that archaeological properties are sensitive and that archaeological sites are susceptible to vandalism and illegal removal activities. For this reason any information regarding discovered archaeological resources, their location, and other information should be held secure in order to protect the resources. To the extent allowed by law, all information concerning the discovery and/or location of archaeological resources, especially human remains, will be treated as CONFIDENTIAL and exempt from public disclosure under RCW 42.56. Page 1 20 City of Port Angeles, WA CSO Archaeological Work Plan 1. The Construction Contractor personnel shall not photocopy documents containing information on culturally sensitive findings. The Contractors may be required to keep a log identifying all persons who access the sensitive information and the date the access was permitted. Contractors and their representatives may be required to sign non disclosure statements. 2. The Contractors may not release any information regarding archaeological discoveries to any media or third party or share information with the general public. All requests for information regarding archaeological or cultural matters shall be submitted to the City Director of Community and Economic Development. 3. Any disregard for these protocols on behalf of the Contractors or their subcontractors may constitute a Class C felony offense under RCW 27.44.040 or result in civil penalties and/or require compensation of the City and/or DAHP for all restoration costs under RCW 27.53.095. 4. All records resulting from archaeological investigations conducted under this AWP will be securely stored at an authorized curation facility with copies presented to consulting parties if requested in writing. Reporting The City Archaeologist will prepare monthly monitoring summaries and annual reports. The monthly reports will contain summaries of work conducted and review the archaeological information collected during the work period. The information will be accompanied with appropriate maps and photo figures as requested by DAHP. The annual report will summarize the year's monthly reports by reviewing progress on archaeological measures and also discuss any problems or unexpected issues encountered during the year while identifying any changes that the City believes should be made during the following year. These reports will be delivered to Ecology who will then distribute them to the MOA parties. The schedule for monthly reports will be delivery to Ecology within seven (7) working days after the final day of the month. The City will provide Ecology with the yearly reports by January 31st of the following year (31 days after the end of the calendar year). A final report on the Archaeological Construction Monitoring will be filed with DAHP in a form acceptable to DAHP and include, if information warrants, updated site forms for sites 45CA468 and /or 45CA236 (or any newly discovered historic or prehistoric archaeological site) in a format acceptable to Page 1 21 City of Port Angeles, WA CSO Archaeological Work Plan DAHP. The City will prepare this report and deliver it to Ecology within four (4) months after the completion of the ground disturbing construction components of the CSO Phase 1 Project. Ecology is responsible for forwarding all necessary communications and reports from the City to the MOA Parties. Schedule The City will provide notice of intent to proceed ground disturbing actions to the MOA parties ten (10) working days prior to initiating project construction. Monthly reports from the City, as discussed above, will be delivered to Ecology within seven (7) working days after the end of each month during construction and will contain summary review of archaeological work and address work schedules for the coming months as best as possible. The City Archaeologist will produce an annual monitoring report and provide it to Ecology on or before the end of January for each previous calendar year during the CSO construction phase. When the ground disturbing construction components for the CSO Phase 1 Project are complete the City Archaeologist will notify Ecology of the completion of construction monitoring on the project. Within four (4) months of this final notice the City Archaeologist will provide Ecology with a final monitoring report for the project. The City Archaeologist will not provide monthly updates after the final monitoring notice and before the submission of the final report. Any changes in this schedule shall be agreed upon, in writing, by the MOA parties. Upon acceptance of the final summary report by the MOA signatories the MOA and the conditions of this AWP will be terminated. Page 22 City of Port Angeles, WA CSO Archaeological Work Plan References Cited Beery, Derek S. 2011a Pre Construction Archaeological Sampling Report: Combined Sewer Overflow (CSO) Project, Phase 1. Report on file at the City of Port Angeles, WA. 2011b Pre Construction Archaeological Sampling Plan: Combined Sewer Ove (CSO) Project, Phase 1. Report on file at the City of Port Angeles, WA. 2010 Cultural Resources Assessment for CSO Phase 1 Project, City of Port Angeles, WA. Report on file at the City of Port Angeles, WA. Shannon and Wilson 2009 Draft Interim Geotechnical Report, City of PortAngeles Francis Street CSO Project, Port Angeles Washington. Report prepared for Brown and Caldwell by Shannon and Wilson, Seattle. Page 123 City of Port Angeles, WA Appendix A: Contact List Washington State Department of Ecology Mailing Address: Water Quality Program PO Box 47600 Olympia, WA 98504 -7600 Phone: 360- 407 -6429 CSO Project Contact: Alice Rubin email: alice.rubin @ecology.wa.gov U.S. EPA. Region io Mailing Address: Clean Water State Revolving Fund, Office of Water and Watersheds 1200 Sixth Avenue, Suite goo Mail Code: OWW -137 Seattle, WA 98101 Phone: 206- 553 o 8 9 0 CSO Project Contact: David Carcia email: Carcia.David @epamail.epa.gov CSO Archaeological Work Plan Page I 24 City of Port Angeles, WA CSO Archaeological Work Plan Washington State Dept. ofArchaeology and Historic Preservation° (DAH P)' Mailing Address: DAHP /SHPO PO Box 4 Olympia, WA 9 -8 343 Phone: (36o) 586 -3065 Fax: (360) 586 -3067 Director /SHPO, Dr. Allyson Brooks, Allvson.BrooksOdahp.wa.gov (36o) 586 -3066 Physical Anthropologist, Dr. Guy Tasa Guv.tasa0dahn.wa.g 0v (360) 5 (360) 790 1633 after hours cell phone CSO Project Contact: State Archaeologist, Dr. Rob Whitlam Rob.Whitlamna dahn.wa.gov (36o) 586 -3080 Page 1 25 City of Port Angeles, WA Address: 321 E 5' St., Port Angeles, WA 98362 CSO Project Contact: Derek S. Beery, City Archaeologist Phone: 360 -417 -4704 (office) 360 -461 -9131 (cell) Email: dbeery @cityofpa.us City Project Manager, James Burke Email: jburke @cityofpa.us Phone: 36o- 417 -4809 Director of Community and Economic Development, Nathan West Email: nwestl&citvofna.us Phone: 36o- 4 Construction Supervisor: TBD Phone: CSO Archaeological Work Plan Page 126 City of Port Angeles, WA Lower Elwha 'I<1a11amTrlbe: Address: 2851 Lower Elwha Road, Port Angeles, WA 98363 CSO Project Contact Name: William White, Lower Elwha Klallam Archaeologist Phone: 36o- 452-8471 ext. 163 (office) 36o- 460 -1617 (cell) Email: Bill.whitena elwha.nsn.us Council Chair, Frances Charles Email: francescharles @elwha.nsn.us Phone: 36o- 452-8471, ext. io6 CEO, Sonya Tetnowski Email: Sonya.tetnowski @elwha.nsn.us Phone: 36o- 452-8471, ext. 115 CSO Archaeological Work Plan Page I 27 City of Port Angeles, WA Local Law Enforcement (Human Remains Assistance) City of Port Angeles Police Chief, Terry Gallagher (360) 417 -4901 City of Port Angeles Deputy Police Chief, Brian Smith Bsmith@citvofDa.us (360) 417 -4902 (360) 912 -0184 Clallam County Sheriff, Bill Benedict (360) 417 -2262 Admin: (360) 417 -2262 Clallam County Coroner/ Prosecuting Attorney, Deborah S. Kelly dkellv@co.clallam.wa.us (360) 417 -2368 CSO Archaeological Work Plan Page 1 28