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HomeMy WebLinkAboutAgenda Packet 02/14/2012N \uac \final \021412 Utility Advisory Committee Jack Piths Conference Room Port Angeles, WA 98362 February 14, 2012 3:00 PM AGENDA I. Call To Order II. Roll Call III. Nomination and Election of Officers (Chairman and Vice Chairman) IV. Approval of Minutes for January 10, 2012 V. Late Items VI. Discussion Items: A. Telecommunications Utility and Electric Fund Ordinance Amendments B. Wireless Mobile Data System On -Site Professional Services Options C. Wireless Mobile Data System Pole Attachment Agreements D. Landfill Methane Outreach Program Memorandum of Understanding E. 2012 On -Call Electric Utility Engineering Professional Services Agreement F. Construction Engineering Combined Sewer Overflow Phase I Project WW08 -2008 G. Environmental Engineering During Construction Combined Sewer Overflow Phase I Project WW08 -2008 H. 2012 On -Call Construction Management Services Agreement I. Operation of Sewer Agreement between the City of Port Angeles and the Lower Elwha Klallam Tribe J. Advanced Metering Infrastructure System Agreement Amendment No. 1 VII. Information Only Items: A. Draft Clallam County Hazardous Waste Management Plan B. Bonneville Power Administration FY 2014 -2015 Electric Load Forecast (verbal report only) C. Bonneville Power Administration FY 2014 -2015 Initial Proposal for Wholesale Tiered Rate Methodology (verbal report only) D. Industrial Transmission Electric Rate Ordinance and Letter Agreement Update (verbal report only) VIII. Selection of Regular Meeting Location IX. Next Meeting Dates: March 13, 2012 X. Adjournment I. Call To Order Chairman Dan Di Guilio called the meeting to order at 3:00 p.m. IL 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. Approval Of Minutes Chairman Dan Di Guilio asked if there were any corrections to the minutes of December 13, 2011 or December 15, 2011 continuation. Committee Member Cherie Kidd moved to approve the minutes. Dean Reed seconded the motion, and Brooke Nelson abstained from the vote because of her absence in the meetings. IV. Late Items: None. V. Discussion Items: Utility Advisory Committee Jack Pittis Conference Room Port Angeles, WA 98362 January 10, 2012 3:00 p.m. Dan Di Guilio, Cherie Kidd, Brooke Nelson N/A Brad Collins Don Perry, Max Mania, Patrick Downie Dean Reed, Paul Elliott N/A Kent Myers, Glenn Cutler, Bill Bloor, Mike Puntenney (3:25), Larry Dunbar, Nathan West, Derek Beery, Phil Lusk, Sondya Wray, Kathryn Neal, Terri Partch. Marilyn Harbaught and Daniel Brooks Citizens Terry Mundorf Marsh Mundorf Pratt Sullivan via phone conference. A. New and Expanded Large Single Electrical Loads Ordinance Phil Lusk, Power Resources Manager introduced Terry Mundorf, of Marsh Mundorf Pratt Sullivan. There was a brief report on the electric utility new ordinance policy for new large single loads. There was a lengthy discussion. 1 Dean Reed moved to recommend 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. Paul Elliot seconded the motion, which carried unanimously. B. Western Public Agencies Group 2012 Professional Services Agreement Larry Dunbar, Deputy Director of Power Systems reviewed the Western Public Agencies Group (WPAG) annual consulting agreement. He discussed the proposed 2012 budget costs and services provided. There was an extensive discussion. Brooke Nelson moved to recommend 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. Paul Elliot seconded the motion, which carried unanimously. C. Shared Resource Conservation Manager Program Interlocal Agreement Phil Lusk, Power Resources Manager discussed the goals of the Shared Resource Conservation Manager (RCM) Program agreement initiated two years ago. Staff expressed concern that the goals might not be reached. A brief discussion followed. Information Only. No action was taken. D. Simple Steps, Smart Savings Promotion Service Agreement Phil Lusk, Power Resources Manager called attention to the new Agreement offer for the City's low income customers. The upcoming expanded Low Income Weatherization Project has a new offer to deliver energy efficient compact florescent lamps and showerheads. Expenses are eligible for reimbursement under the Bonneville Power Administration's energy conservation program. A brief discussion followed. Dean Reed moved to recommend 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 City Manager to make minor modifications to the Agreement, if necessary. Brooke Nelson seconded the motion, which carried unanimously. E. Landfill Post Closure Professional Service Agreement Contract Extension Terri Partch, Civil Engineer discussed the importance of extending the Aspect Consulting contract for engineering support with the Port Angeles Landfill 30-year post closure permit. The extension request is proposed for a two -year extension to the existing agreement. A discussion followed. Paul Elliot moved to recommend 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. Dean Reed seconded the motion, which carried unanimously. 2 F. Stormwater Education and Outreach Services Interlocal Agreement with Kitsap County Terri Partch, Civil Engineer, discussed the Stormwater Education and Outreach Services. This is one of the five different programs needed to be implemented to meet the provisions of the Phase II Municipal Stormwater permit. A brief discussion followed. Dean Reed moved to recommend 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. Brooke Nelson seconded the motion, which carried unanimously. G. Design Industrial Outfall Repair and Cleaning Project Project WW08 -2008 Kathryn Neal, Engineering Manager, reviewed the engineering services needed to develop design documents for repair and cleaning of the Port Angeles industrial outfall repair and cleaning project. A discussion followed. Paul Elliot moved to recommend 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. Brooke Nelson seconded the motion, which carried unanimously. H. Combined Sewer Outfall Phase I Project, Section 106 Archaeological Memorandum of Agreement Derek Beery, City Archeologist, discussed the importance of an archaeological work plan and a memorandum of agreement to meet conditions of the project and the National Historic Preservation Act. A lengthy discussion followed. Cherie Kidd moved to recommend City Council to authorize the City Manager to sign the CSO Phase I (Project US06 -01) Section 106 Memorandum of Agreement, and to make minor modifications to the agreement, as necessary. Paul Elliot seconded the motion, which carried unanimously. VL Information Only Items: A. 2013 State Revolving Fund Loan Application for Concrete Cylinder Pipe Replacement Project WT02 -2009 (verbal report only) Information only. No action taken. B. Industrial Transmission Electric Rate Ordinance and Letter Agreement Update (verbal report only) Information only. No action taken C. Commercial and Industrial Demand Response Project Update (verbal report only) Information only. No action taken. 3 D. Advance Metering Infrastructure System Update (verbal report only) Information only. No action taken. E. Wireless Mobile Data System (verbal report only) Information only. No action taken. VIII. Next Meeting Dates: February 14, 2012 IX. Adjournment: 4:50 p.m. Cherie Kidd, Mayor Sondya Wray, Administrative Specialist 4 PORTANGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: February 14, 2012 To: Utility Advisory Committee From: Terry Gallagher, Police Chief Dan McKeen, Fire Chief Nathan West, Director of Community and Economic Development Linda Kheriaty, Acting Finance Director Glenn Cutler, Director of Public Works and Utilities Subject: Telecommunications Utility and Electric Fund Ordinance Amendments Summary: On December 20, 2011, City Council awarded an agreement for the acquisition of a City -owned wireless mobile data system. Although the City has the legal authority to own telecommunications facilities and provide telecommunications services it is advisable to establish a telecommunications utility by ordinance and make associated amendments to the electric fund ordinance. Recommendation: Forward a favorable recommendation to City Council to conduct a first reading of the proposed telecommunications utility ordinance and electric fund ordinance amendment on February 21, 2012, and continue to March 6, 2012 for a second reading and adoption of the ordinances. Background/Analysis: On December 20, 2011, City Council awarded an agreement for the acquisition of a City -owned Wireless Mobile Data System (WMDS). Separate agreements to outsource the operation, management, and maintenance of the WMDS and for retail service providers to use the WMDS were also awarded. Although the City has the legal authority to own telecommunications facilities and provide telecommunications services it is advisable to establish a telecommunications utility by ordinance. The proposed ordinance, which was prepared by Terry Mundorf through the City's membership with the Western Public Agencies Group, would create a separate City -owned utility. After further consideration, staff is no longer proposing the creation of a telecommunications utility fund ordinance. The revenues and expenses for the telecommunications utility will be separately identified in Electric Utility and will enable proper management and oversight without creating a separate telecommunications fund. By establishing the telecommunications utility ordinance and associated amendments to the electric fund ordinance, the City is following best practices, which was highlighted earlier this year when the Washington Court of Appeals upheld the City of Edmonds, WA authority to own telecommunications facilities and offer services. Attachments: Telecommunications Utility Ordinance and Electric Fund Ordinance Amendments N \UAC \Final \Telecommunications Utility Electric Fund Ordinance Amendments doc Sections: ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, relating to Telecommunications Utility, adding a new Chapter, 13.53, to Title 13 of the Port Angeles Municipal Code. WHEREAS, the City Council does hereby find that there is need to establish a "Telecommunications Utility for the purpose of operating, managing and maintaining telecommunications facilities owned by the City, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES do hereby ordain as follows: Section 1. Title 13, Public Utilities, of the Port Angeles Municipal Code is hereby amended by adding a new chapter 13.53 of PAMC, to read as follows: Chanter 13.53 TELECOMMUNICATIONS UTILITY 13.53.005 Definitions. 13.53.010 Purposes of Chapter. 13.53.020 Telecommunications Utility Established. 13.53.025 Powers and Authorities of the Telecommunications Utility. 13.53.030 Transfer of Property. 13.53.040 Director of Public Works and Utilities Department. 13.53.050 Applicability of Chapter. 13.53.060 No Obligation to Serve. 13.53.070 Rates and Rate Schedules. 13.53.080 Right -of -Way and Pole Attachments. 13.53.090 Liability for Interruptions of Access. 13.53.100 Shut -Down for Repairs. 13.53.110 Tampering with Telecommunications Facilities. 13.53.120 Theft of Telecommunications Access. -1- Section 13.53.005 Definitions For purposes of this Chapter: A. "Telecommunications" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. As used in this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. B. "Telecommunications Facilities" means lines, conduits, ducts, poles, wires, cables, crossarms, receivers, transmitters, instruments, machines, appliances, instrumentalities and all devices, real estate, easements, apparatus, property, and routes used, operated, owned, or controlled to facilitate the provision of Telecommunications services. C. "Metropolitan Area Network" means the City -wide broadband digital network comprised of Telecommunications Facilities that are owned by the City that interconnects a number of City owned and non -City owned Local Area Networks. D. "Local Area Network" means a computer network that interconnects computers in a limited area such as a home or a business. E. "Point of Delivery" is the physical point at which the Metropolitan Area Network ends, and the customer's Local Area Network begins. In the event of any dispute or uncertainty about the location of a Point of Delivery, the records of the Telecommunications Utility that show the location of the particular Point of Delivery shall control. F. "Right -of -Way" shall have the same meaning as 11.14.020 PAMC. Section 13.53.010 Purposes of Chapter. The purposes of this Chapter are as follows: A. To operate, manage, and maintain Telecommunications Facilities owned or controlled by the City in the Right -of -Way up to the Point of Delivery. B. To reduce the costs of providing City services by using high capacity Telecommunications Facilities to support City services. C. To provide the opportunity to extend and improve a high capacity Metropolitan Area Network owned by or under the control of the City, and to use excess capacity thereon to provide access to high capacity Internet and other Telecommunications services, to accommodate expanding technologies and demand, to facilitate intergovernmental coordination and services (such as educational and health institutions), and to provide more and faster Telecommunications services to residents of the City. D. To enhance the growth and continued economic vitality of the City. E. To manage and regulate competing demands for the use of the public Right of -Way by minimizing the installation of duplicative communications lines and facilities on, over or under the public Right -of -Way. F. To reduce the cost of Telecommunications services to City residents. -2- G. To effectuate the foregoing purposes, it is the intent of the City to provide for the operation, management and maintenance of the Metropolitan Area Network by contracting with private sector providers, and to operate the Telecommunications Facilities as an open access facility available to retail providers who will be charged for access thereto, and who will normally have the direct business relationship with the end -use customers, instead of the City filling such role. 13.53.020 Telecommunications Utility Established. For the purposes of this Chapter and for the purposes of operating the Metropolitan Area Network of the City, there is created and established a Telecommunications Utility to be operated by the City's Department of Public Works and Utilities, which, for purposes of this Chapter, may also be referred to as "the Department." 13.53.025 Powers and Authorities of the Telecommunications Utility. The Telecommunications Utility shall perform the functions, and have the authority, as set forth in this Chapter for managing, regulating, and controlling the City's Metropolitan Area Network. Without limiting the generality of the preceding sentence, the Telecommunications Utility shall have the power and authority: A. To operate, manage, and maintain Telecommunications Facilities owned or controlled by the City in the Right -of -Way to the Point of Delivery. B. To extend and improve a high capacity Metropolitan Area Network owned by or under the control of the City, and to use excess capacity thereon to provide access to high capacity Internet and other Telecommunications services to the public. C. To contract with private sector providers to provide for the operation, management and maintenance of the City's Telecommunications Facilities, and D. To operate the Telecommunications Facilities, or cause them to be operated, as an open access facility available to retail providers who will be charged for access thereto, and who will normally have the direct business relationship with the end -use customers. 13.53.030 Transfer of Property All Telecommunication Facilities, equipment, property, and property rights and interests in the Right -of -Way to the Point of Delivery, owned or acquired by the City after January 1, 2012, insofar as they relate to or concern Telecommunications are hereby transferred to the Telecommunications Utility. 13.53.040 Director of Public Works and Utilities Department. A. The word "Director as used in this Chapter, shall mean the Director of the City Public Works and Utilities Department, or his designated agent or employee. B. The Telecommunications Utility shall be administered under direction of the Director of Public Works and Utilities. The Director shall have full charge and control of all work provided for and contemplated by this Chapter, subject to the ultimate control and authority of the City Manager and the City Council. -3- C. The City shall have exclusive right to sell, lease and deliver access on the Metropolitan Area Network owned by or under the control of the City. Rights of access and delivery of services across the Telecommunications Facilities owned by or under the control of the City arising under the provisions of this Chapter shall not be transferred to any person or entity without the express written approval of the City Council. 13.53.050 Annlicability of Chanter. The provisions of this Chapter shall apply only to the delivery of access to and related services across the Telecommunications Facilities owned by or under the control of the City. Nothing in this Chapter shall be construed or deemed to regulate the delivery of Telecommunications services over or across lines, facilities or equipment owned by a private telecommunications provider, or which may be located in the public right -of -way pursuant to a franchise, lease, permit, license, or other privilege granted to such private communications provider by the City. 13.53.060 No Obligation to Serve. The City shall have no obligation to serve or provide access on the Telecommunications Facilities owned by or under the control of the City. The City reserves the right to limit or refuse access to the Telecommunications Facilities owned by or under the control of the City at its sole discretion, provided such access shall not be limited or denied in a manner that is inconsistent with applicable federal, state or local law or regulations. 13.53.070 Rates and Rate Schedules. Rates and charges for delivery of access and related services across the Telecommunications Facilities owned by or under the control of the City shall be billed in accordance with contracts with private sector providers as established from time to time by the City Council. 13.53.080 Right- of -Wav and Pole Attachments. A. The City hereby grants to the Telecommunications Utility established by this Chapter authority to use the City's Right -of -Way to install Telecommunication Facilities and apparatus necessary to effectuate the purposes of this Chapter, and the right to enter onto such public Right -of -Way to operate and maintain such Telecommunications Facilities, and to extend, improve and expand the Telecommunications Facilities owned or controlled by the City. B. The City may condition access to the Telecommunications Facilities owned or controlled by the City upon the dedication or conveyance to the City of a utility easement for the installation, operation and maintenance of such Telecommunications Facilities over, across, upon and under property owned or controlled by another. The City may also require such dedication or conveyance to be by warranty deed or it may require execution of an indemnification covenant assuring good and merchantable title thereto. Such utility easement may be used for the purpose of providing delivery of Telecommunications access and related services to the City as well as to others. Such utility easement shall permit access thereto by City employees and agents at all reasonable hours or at any time in an emergency situation, as determined by the City in its sole discretion. C. Any Telecommunications Facilities attached to any pole owned or controlled -4- by the City shall be subject to all ordinances and regulations pertaining to such pole attachments, including payment of fees. 13.53.090 Liability for Interruptions of Access. The City shall not be liable for any loss, injury or damage of any kind, including but not limited to consequential, special and punitive damages, resulting for the interruption, reduction, loss or restoration of access to the Telecommunications Facilities owned or controlled by the City from any cause, including without limitation any loss by fire, flood, accident, casualty, sabotage, terrorist act, strike, labor slow -down, act of God or the public enemy, or failure or inadequacy of Telecommunications access or appurtenant facilities. The City disclaims any express or implied warranty of merchantability or fitness for a particular purpose for access to the Telecommunications Facilities owned or controlled by the City provided pursuant to this Chapter. The delivery of Telecommunications access to any person or entity shall not be construed as or deemed to be the delivery of goods under the Washington Uniform Commercial Code. Every person and entity accepting access to the Telecommunications Facilities owned or controlled by the City agrees to, and shall be deemed to, waive any and all claims for damage or loss to the person's or entity's lines, facilities or communications equipment caused by any act or omission of the City; provided however, that nothing herein shall be deemed or construed as a waiver of any claim for damage or liability arising out of the gross negligence or malicious act of the City or its agents. 13.53.100 Shut -Down for Repairs. For purposes of making repairs, upgrades, extensions or changes to the Telecommunications Facilities owned or controlled by the City, or to avoid damage to property or to persons, the City may without prior notice suspend access to the Telecommunications Facilities owned or controlled by the City for such periods as the City determines in its sole discretion to be reasonably necessary to make such repairs, upgrades, extensions, or changes, or to avoid damage to property or to persons. The City shall not be liable for damage of any kind, direct or indirect, resulting from any such suspension of access to the Telecommunications Facilities owned or controlled by the City. 13.53.110 Tampering with Telecommunications Facilities. No person shall connect to, adjust, tamper with or make any alteration or addition to the Telecommunications Facilities owned or controlled by the City, without having first obtained written permission from the Director, and any person who causes damage to the Telecommunications Facilities owned or controlled by the City shall be liable to the City for any damage proximately caused by such unauthorized connection, adjustment, tampering, alteration or addition to such Telecommunications Facilities. 13.53.120 Theft of Telecommunications Access. It shall be unlawful for any person to make any connection to or to install or to construct any facility or equipment with the intent of obtaining access from or make use of the Telecommunications Facilities or network owned or under the control of the City without paying for such access or without paying the fees and charges applicable thereto. -5- Section 2 Severabilitv. If any provisions of this Ordinance or its applications to any person or circumstances is held to be invalid, the remainder of the Ordinance or application of the provisions of the Ordinance to other persons or circumstances is not affected. Section 3 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. Section 4 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. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day March, 2012. ATTEST: APPROVED AS TO FORM: Janessa Hurd, City Clerk William E. Bloor, City Attorney PUBLISHED: 2012 By Summary Cherie Kidd, Mayor G \LEGAL \a ORDINANCES &RESOLUTIONS \ORDINANCES 2012 \01 Telecommunications Utility Final 01 31 12 docx ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 3.24 of the Port Angeles Municipal Code relating to Electric Fund. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 374, as amended, and Chapter 3.24 of the Port Angeles Municipal Code relating to the Electric Fund are hereby amended by amending Section 3.24.020 to read as follows: 3.24.020 Receipts and Expenditures. All money received for electric power, and services of the Citv's electric utility, light. and services of the Citv's telecommunications utility. from all sources shall be paid into the "Electric Fund." All expenditures incurred in running and maintaining the electric and telecommunications punt utilities of the City and for all extensions and necessary outlays in connection therewith shall be paid out of the "Electric Fund" upon disbursements issued against the same. 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 days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of 2012. ATTEST: APPROVED AS TO FORM: Janessa Hurd, City Clerk William E. Bloor, City Attorney PUBLISHED: 2012 By Summary G \LEGAL\a ORDINANCES &RESOLUTIONS \ORDINANCES 2012 \03 Electric Fund 3 24 01 10 12 wpd (January 30, 2012) Cherie Kidd, Mayor CITY OF L M Date: To: PORTANGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo February 14, 2012 Utility Advisory Committee From: Terry Gallagher, Police Chief Glenn Cutler, P.E., Director of Public Works and Utilities Subject: Wireless Mobile Data System On -Site Professional Services Options Summary: On December 20, 2011, City Council awarded an agreement for the acquisition of a City -owned wireless mobile data system and professional services during the design and construction of the system. Staff is seeking guidance on two options for local on -site support. Recommendation: Support staff's desire to select the least -cost option for local on -site support during construction of the Wireless Mobile Data System. Background /Analysis: On December 20, 2011, City Council awarded an agreement for the acquisition of a City -owned Wireless Mobile Data System (WMDS). A professional services agreement with Columbia Telecommunications Corporation (CTC) was also awarded for technical services during the design and construction of the system, including $30,000 for local on -site support. Since this is a federal funded project we need to have a daily construction log as well as pictures of each construction site taken to demonstrate compliance with all grant requirements. Construction is anticipated to begin in March and continue for 16 -20 weeks. If we used a CTC employee the hourly rate is $120 and there would be a $1,900 /trip expense and per diem, which would provide about 4 weeks of on -site presence and may not ensure grant compliance. Below are two options for 20 weeks of on -site support that are both within the budget (and provide some contingency for unforeseen needs) and would ensure grant compliance: Option A. CTC hire a local sub consultant that proposed $35 per hour. The total cost of this approach would be $28,000. Option B. The City hire a temporary full -time employee proposed at $20.00 per hour. The total estimated cost is $20,000 including unemployment compensation. N \UAC \Final \WMDS On -Site Professional Services Options doc PORT NGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo February 14, 2012 Date: To: Utility Advisory Committee From: Larry Dunbar, Deputy Director of Power Systems Subject: Wireless Mobile Data System Pole Attachment Agreements Summary: On December 20, 2011, City Council awarded an agreement for the acquisition of a City -owned wireless mobile data system. As part of the design of the system it is desirable to install wireless access points on a few utility pole owned by the Clallam County Public Utility District No. 1 and a few traffic signal standards owned by the State of Washington. Recommendation: Forward a favorable recommendation to City Council to authorize the Public Works and Utilities Director to sign an agreement with the Clallam County Public Utility District No. 1 and an amendment to the Master Agreement GM -1281 with the State of Washington for pole attachments, and to make minor modifications to the documents, if necessary. Background /Analysis: On December 20, 2011, City Council awarded an agreement for the acquisition of a City -owned Wireless Mobile Data System (WMDS). Separate agreements to outsource the operation, management, and maintenance of the WMDS and for retail service providers to use the WMDS were also awarded. As part of the design of the WMDS it is desirable to install wireless access points on a few utility pole owned by the Clallam County Public Utility District No. 1 (District) and a few traffic signal standards owned by the Washington State Department of Transportation (WASHDOT). In accordance with Section 4 of the City's Electric Franchise Ordinance, the City may apply for a Pole Attachment Agreement (e.g., an agreement, application, etc.) with the District for attachment of City telecommunications facilities on District utility poles. In accordance with the Master Agreement GM -1281 with WASHDOT, an amendment (e.g., amendment, memorandum of understanding, etc.) is necessary. A copy of the City's request to the District and WASHDOT are attached. Staff recommends that the Utility Advisory Committee forward a favorable recommendation to City Council to authorize the Public Works and Utilities Director to sign an agreement with the Clallam County Public Utility District No. 1 and an amendment to the Master Agreement GM- 1281 with the State of Washington for pole attachments, and to make minor modifications to the documents, if necessary. N \UAC\Final \WMDS Pole Attachment Agreements.doc ORT NCELE WASHINGTON, U.S.A., Public Works Utilities Department February 3, 2012 Mr. Doug Nass General Manager Clallam County Public Utility District No. 1 P.O. Bok 1090 Port Angeles, WA 98366 Reference: Pole Attachment Aareement Reauest Dear Mr. Nass, On December 20, 2011, the Port Angeles City Council approved theWireless Mobile Data System (WMDS) Acquisition and Integration Agreement. The agreement includes installation of over 200 wireless access points that are to be mounted on utility poles, streetlighting standards, and traffic signal standards. The WMDS is currently being designed, and we have identified a few District-owned utility poles to be preferred locations for wireless access points. In accordance with Section 4 of our Electric Franchise Ordinance, the City may apply for a pole at agreement with the District for attachment of City telecommunications facilities on District utility poles. Please provide a pole attachment agreement for City consideration on or before February 10, 2012. Sincerely, Phone: 360-417-4800 Fax: 360-417-4542 Website: www.cityofpa.us Email. publicworks@cityofpa.us 321 East Fifth Street P.O. Box 1150 Port Angeles, WA 98362-0217 Pole Pole Physical Address Owner number Taco bell PUD 122300 Golf course Ilndburg PUD 131600 Lauridson liberty P UD No at Angeles Eckard PUD 1 141501 cherry 15th PUD 1 097464 View rest Peabody st PUD 1` 153705 601 Park 1. PUD 1 105101 3218S Peabody -PUD 153604 Rhodes Old mill P UD! 152200 Truck route 101 PUD. 1 091360 Fairmount &101 'PUD 087360 Benson 101 PUD 1 085361 1501 hwy 101. Dunn welding PUD.# 1 083261 1628 hwy 101. Brach brUch PUD 1 082260 _2145 Humane society_ _PUD_. 075260 Lauridson Ist PUD 082802 Stratton rd Lower Elwha rd P UD' 1 278100 3012 Lower Elwha rd PUD; 1 277106, Stratton rd Elwha pump station PUD.. 1' 351702 Larry Dunbar From: Larry Dunbar Sent: Monday, February 06, 2012 3:16 PM To: 'kims @wsdot.wa.gov' Cc: Jim Mahlum Subject: City of Port Angeles Wireless Network/State Traffic Signal Attachment Request Attachments: DOT traffic signal mounting configurations.pdf; E239.JPG; E003.JPG; E060.JPG Steve, As a follow -up to our phone conversation last week, the City of Port Angeles is constructing a municipally -owned wireless network and requests your permission to attach radios to the below State -owned traffic signal facilities located in Port Angeles at: 1. Golf course 101 2. Lincoln First 3. 1st &Race We also may request your permission to connect to the electrical disconnect at each of the above locations to power a 35 watt radio. The City will be metering the 35 watt radio at one location and would deduct the actual consumption from the amount billed for the traffic signal to the State. The wireless network is in the design phase and we expect to begin construction in March of this year. A draft drawing illustrating the proposed attachments is attached as well as photos of each State traffic signal. The above locations are preferred locations for optimum performance of the wireless network. The wireless network will be used by the City's police and fire departments for public safety, and be available to the general public for commercial purposes. The City's electric utility maintains all State -owned traffic signals under an agreement. Please let me know if a memorandum of understanding may be possible to gain the State's permission to allow the City to proceed. Larry D. Dunbar Deputy Director of Power Systems City of Port Angeles P.O. Box 1150, Port Angeles, WA 98362 360 417 -4710 IdunbarPcitvofoa.us www.citvofoa.us 1 RTANGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: February 14, 2012 To: Utility Advisory Committee From: Phil Lusk, Power Resources Manager Subject: Landfill Methane Outreach Program Memorandum of Understanding Summary: The U.S. Environmental Protection Agency's Landfill Methane Outreach Program is a voluntary assistance program to reduce methane emissions from landfills. Becoming a Community Partner will provide additional exposure to the City on its Landfill Gas Utilization Project efforts at no charge to the City. Recommendation: Forward a favorable recommendation to City Council to authorize the City Manager to sign the Landfill Methane Outreach Program Memorandum of Understanding for Community Partners, and to make minor modifications to the agreement, as necessary. Background /Analysis: The U.S. Environmental Protection Agency's (EPA) Landfill Methane Outreach Program (LMOP) is a voluntary assistance program that helps to reduce methane emissions from landfills by encouraging the recovery and beneficial use of landfill gas (LFG) as an energy resource. LFG contains methane, a potent greenhouse gas that can be captured and used to fuel power plants, manufacturing facilities, vehicles, homes, and provide other beneficial purposes. The EPA partners with the groups crucial to the success of LFG energy recovery development to help achieve the goals of LMOP. Community Partners include local, county, and regional governments, public landfill owners, and nonprofit organizations that develop and publicize LFG beneficial use projects. Community Partners work to promote their projects and their participation in LMOP through the development of case studies and community outreach activities. Community Partners also work with the EPA to promote their experiences with landfill methane utilization to other communities. The responsibilities of each partner —EPA and the Community Partner —are summarized on the following page. N \UAC\Final\LMOP Community Partner MOU docx Landfill Methane Outreach Program Memorandum of Understanding for Community Partners February 14, 2012 Page 2 EPA's Responsibilities Assist the Partner to facilitate LFG energy project development and help the Partner overcome project barriers by providing information, project evaluations, and technical assistance, where appropriate. Conduct an evaluation of the technical and economic feasibility of an LFG energy project. Provide an assessment of potential energy users for the LFG. Publicly recognize the Partner and take actions to increase the public's knowledge of the Partner's involvement with these beneficial projects. Provide and assist the Partner in using marketing tools (e.g., templates for posters, brochures, and press releases) to help the Partner communicate the benefits of LFG utilization to its constituents. Designate an EPA LMOP liaison and notify Partner of any change in the designated liaison. EPA will only release information obtained from the Partner without prior authorization from that organization if required to do so under the Freedom of Information Act, the Agency's regulations at 40 CFR part 2, subpart B, or other applicable law. Community Partner's Responsibilities' Appoint a representative as LMOP Coordinator and notify EPA of any change in the designated liaison. Complete and annually update a project profile focusing on the process the community undertook to develop its project. Participate in the LMOP Peer Network to facilitate the exchange of information on various aspects of LFG energy project development by communicating with peers who have already developed projects. Where appropriate, promote the LFG energy project(s) and LMOP through case studies, project tours, ribbon cutting ceremonies, or other events. In 2009, LMOP helped conduct an economic feasibility study for the City's LFG Utilization Project, which assessed its potential for various technical and financial factors. The LMOP has also recently provided the City with access to some of its other resources, including distributing the City's LFG Utilization Project Request for Proposal on its listserv. Becoming a Community Partner will provide additional exposure to the City on its LFG Utilization Project efforts at no charge to the City. Staff requests that the Utility Advisory Committee forward a favorable recommendation to City Council to authorize the City Manager to sign the Landfill Methane Outreach Program Memorandum of Understanding for Community Partners, and to make minor modifications to the agreement, as necessary. Attachment: LMOP Community Partner MOU NOTE' Partner responsibilities apply only after the Partner has successfully developed an LFG energy project. LANDFILL METHANE The U Sr. Environmenta Per tection Agency's' Landfill Met lane Outreach Pro ram '(LM O P) k is volunta program tha encourages 400 proje developers utilities, owner /operato energy users an communities t g o,.f develop ne landfill gas use projects. P ease return signed MO to cllaying address, aril a an electronic, g. resolution version of organization s'flo's or seal I S Environmental P ot ectio gen �c`y 1 1 200'`Pennsylv Avenue, IVW (62071) Washington DC 20460A. !Fax 202) 3,43 202m ttD:/ eoa.ggov /Imon EPA Form No. 5900 -159 U.S. Environmental Protection Agency's Landfill Methane Outreach Program Memorandum of Understanding for Community Partners This is a voluntary partnership between (organization name) and the U.S. Environmental Protection Agency's (EPA's) Landfill Methane Outreach Program (LMOP). LMOP's goal is to reduce methane emissions from landfills by encouraging the development of cost effective and environmentally sound landfill gas (LFG) energy projects. This Memorandum takes effect when signed by both parties. Upon your acceptance as an LMOP Partner, your organization and contact information will be considered publicly- available information. EPA partners with energy users, providers, and marketers; states; energy recovery developers; and others crucial to the success of LFG energy recovery development to help achieve the goals of LMOP. Community Partners are encouraged to work in partnership with EPA in developing their LFG energy projects and to promote their experiences with landfill methane utilization to other communities. The responsibilities of each partner —EPA and the Community Partner —are summarized below. EPA'S RESPONSIBILITIES Assist the Partner to facilitate LFG energy project development and help the Partner overcome project barriers by providing information, project evaluations, and technical assistance, where appropriate. Conduct an evaluation of the technical and economic feasibility of an LFG energy project. Provide an assessment of potential energy users for the LFG. Publicly recognize the Partner and take actions to increase the public's knowledge of the Partner's involvement with these beneficial projects. COMMUNITY PARTNER'S RESPONSIBILITIES Appoint a representative as LMOP Coordinator and notify EPA of any change in the designated liaison. Complete and annually update a project profile focusing on the process the community undertook to develop its project. Participate in the LMOP Peer Network to facilitate the exchange of information on various aspects of LFG energy project GENERAL TERMS As a general principle of LMOP, each party to this agreement agrees to assume the good faith of the other party and to notify the other if any issues arise. Either party can terminate this agreement, without cause or penalty, and both will then cease to publicize the Partner's participation in LMOP (must be submitted in writing). The Partner agrees that the activities it undertakes connected with this MOU are not intended to provide services to the federal government and that the Partner will not submit a claim for compensation to any federal agency /department. OMB Control No. 2060 -0446 Approval expires 04/30/12 Provide and assist the Partner in using marketing tools (e.g., templates for posters, brochures, and press releases) to help the Partner communicate the benefits of LFG utilization to its constituents. Designate an EPA LMOP liaison and notify Partner of any change in the designated liaison. EPA will only release information obtained from the Partner without prior authorization from that organization if required to do so under the Freedom of Information Act, the Agency's regulations at 40 CFR part 2, subpart B, or other applicable law. development by communicating with peers who have already developed projects. Where appropriate, promote the LFG energy project(s) and LMOP through case studies, project tours, ribbon cutting ceremonies, or other events. NOTE: Partner responsibilities apply only after the Partner has successfully implemented an LFG energy project. The Partner agrees that it will not claim or imply that its participation in LMOP constitutes EPA approval or endorsement of anything other than the Partner's commitment to LMOP (see "LMOP Logo Use Guidelines" on the second page of this MOU). The Partner must report the previous year's emission reduction activities annually. If a Partner does not submit an annual report, LMOP will initiate a three step removal process. Details of this process can be provided upon request. The undersigned officials execute this Memorandum of Understanding (MOU) on behalf of their parties. Authorized Representative: (printed name) Signature: Date: Rona Birnbaum: Acting Director, Climate Change Division, U.S. EPA EPA Signature: Date: Please Name: Address: City: Phone: E -mail Address: Organization Web Site (if applicable): identify your organization's designated Landfill Methane Outreach Program (LMOP) Coordinator: Title: Suite /Floor Number: State: Zip: May we provide a link to your Web site? Yes No Fax Number: OMB Control No. 2060 -0446 Approval expires 04/30/12 Please provide a brief description (150 words or less) of your organization and any involvement in LFG energy projects (if applicable): The public reporting and recordkeeping burden for this collection of information is estimated to average 1.5 hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques, to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. MOP LOGO USE. GUIDELINES These LMOP, Logo:Use Guidelines are designed to provide, a=;clear easy reference. Please' "n"otethat the LMOP logo, shown "here, should be used' only in K accordance.with. these guidelines:!`A<coPy'of the, logo and these guidelines, should be..forwarded to your marketing LANDFILL support manager or appropriate,°: METHANE representative: OUTREA01 PROGRAM ALLOWABLE USES OF THE LMOP LOGO :x,:, 'LMOP Partners may use the LMOP logo only on materials that promote LMOP or LFG utilization., Such materials, include, advertisements, brochures, product literature Web sites; "arid catalogs:°` LIMITATIONS•ON USES OF THE LMOP LOGO Guidelines,for the LMOP LogO; The LMOP logo rnust not be used in ='any manner that implies EPA endorsement of any LMOP Partner' products, services, or systems: Partners must always use the entire LMOP logo. Limitations on 'LMOP Logo Placement.•" Materials containing the LMOP logo must conform to the°.following guidelines: The LMOP logo must never be applied directly(as'a decal label, or in any other form) to a product, service, or system or on any 'materials used in the packaging of this product, service, or system. When using the LMOP logo in advertisements:or any, other promotional' =materials; Partners must to the following guidelines: The logo mustnot be placed in t the text or next to or below a `,photograph or another' depiction 'ofthe'product' service,,, or system promoted.' '-,t=;,:''' ,=-i- `;'t.xz c� s, The logo „must follow the company name or appear in the bottom left- hand or right hand "comer of the advertisement 'page"oradvertisement block separated from text photo o the product; service, or system promoted. LIMITATION TEXT MENTIONING LMOP Text mentioning LMOP must conform torthe following guidelines: All statementkin the text must be factual. References to LMOP must be in accordance with the descriptions presented in• current Program distributed by EPA.. Text describing the relationship between,the "Partner and LMOP must not claim or imply that :the Partner's association with LMOP goes beyond the agreement set"forth in the MOU. EPA LMOP LOGO REVIEW POLICY The Partner agrees'to deliver to EPA any matenals developed by the Partner that use the LMOP logo, or. otherwise mention LMOP, before punting copies so that EPA may review such materials for conformance to LMOP standards. EPA ensures a response to'the submission within three (3) business days of its receipt :'All submissions using the LMOP logo will be evaluated and approved on a case specific basis and must:be submitted before printing via fax or mail to: EPA c/o Landfill Methane Outreach Program (62073), 1200 Pennsylvania Avenue, NW,'Washington, DC 20460, fax: (202) 343 -2202" OFT NGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: February 14, 2012 To: Utility Advisory Committee From: Terry Dahlquist, P.E., Electrical Engineering Manager Subject: 2012 On -Call Electric Utility Engineering Professional Services Agreement Summary: TriAxis Engineering, Inc., has been selected to provide on -call professional engineering services for the City's Electric Utility. The initial project tasks being awarded are: 1) on -call technical assistance to support the electric utility, and 2) design for the replacement of the transformer at the A- Street Substation. Recommendation: Forward a favorable recommendation to City Council to approve and authorize the City Manager to sign the on -call professional services agreement with TriAxis Engineering, Inc., with two initial project tasks, in an amount not to exceed $109,000, and to make minor modifications to the agreement, if necessary. Background /Analysis: Electrical engineering firms were solicited by public advertisement and emails to submit statements of qualifications for on -call professional engineering services. Four firms submitted their qualifications, and three were selected for interviews. Those firms selected for interviews were Power Engineers of Hailey, Idaho, Brown and Kysar of Battle Ground, Washington, and TriAxis Engineering of Vancouver, Washington. Interviews were conducted on November 9, 2011. All three firms demonstrated substantial qualifications, with TriAxis Engineering selected as being the best qualified for this contract. There are two initial tasks included in the proposed professional services agreement. The first task is for on -call technical assistance to support the Electrical Engineering Division of the Public Works and Utilities Department. The first task provides technical assistance and other electrical engineering services that are needed on an impromptu or emergent basis as needed to maintain operational effectiveness of the electric distribution system. Funding in the amount of $15,000 was included in the Electric Utility's 2012 budget for the first task. The second task included in the initial agreement is to prepare the design and contract documents for the replacement of the power transformer at the A- Street Substation (Project CL02- 2006). This transformer is 40 years old and nearing the end of its service life. It is undersized for the loads that have developed in that area of town since its original installation. N: \UAC \Final\2012 On -Call Electric Utility Professional Services Agreement.doc 2012 On -Call Electric Utility Professional Services Agreement February 14, 2012 Page 2 Replacement of the power transformer in the amount of $860,000 was included in the Capital Facilities Plan, with $60,000 in design fees included in the 2012 budget. The negotiated cost for the design work associated with the second task (items 2.1 and 2.2 below) is $77,400. In recognition that the negotiated cost is above the 2012 budget, a $17,400 cost reduction has been made by reducing two other Electric Utility projects. Additional work within the scope of this agreement may be added during the two -year term of the agreement for subsequent tasks. The post -award construction support (items 2.3 and 2.4 below) in the amount of $16,600 will be included in the 2012 -2018 Capital Facilities Plan and will be included in the 2013 proposed budget. Task 1 Description Fee Task 1 1 On -Call Services $15,000 Task 2 A- Street Substation Transformer Replacement 2.1 Initial Site Visit Evaluation 18,000 2.2 Electrical Design Drawings 59,400 2.3 Shop Drawings Construction Site Visits 13,600 2.4 Commissioning 3,000 Total 1 $109,000 Staff recommends that the Utility Advisory Committee forward a favorable recommendation to City Council to approve and authorize the City Manager to sign the on -call professional services agreement with TriAxis Engineering, Inc., with two initial project tasks, in an amount not to exceed $109,000, and to make minor modifications to the agreement, if necessary; PORTANGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: February 14, 2012 To: Utility Advisory Committee From: Kathryn Neal, P.E., Civil Engineering Manager Subject: Construction Engineering Combined Sewer Overflow Phase 1 Project WW08- 2008 Summary: The Combined Sewer Overflow Phase 1 Project design is substantially complete, and preparations are underway to begin construction. As Design Engineer of Record, Brown and Caldwell's services are required during the construction phase, which is estimated to last until January 2014. Recommendation: 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 $485,980, and to make minor modifications to the agreement, as necessary. Background /Analysis: The Combined Sewer Overflow (CSO) Phase 1 project was designed by Brown and Caldwell. Detailed design began in April 2007. Brown and Caldwell submitted their final construction bid documents on January 31, 2012. The documents are currently with the Department of Ecology (Ecology) for their review and approval. The City plans to advertise for bids from construction contractors on March 7, 2012. Construction is anticipated to begin in June 2012 and is expected to last until January 2014. As Design Engineer of Record, Brown and Caldwell has an important role to play during the construction phase. The scope of work for Brown and Caldwell's design team during construction includes: Review of contractor submittals on proposed material components of the improvements, Interpretation of design intent when questions might arise, Evaluation of proposals for changing the design, and Observations of construction work completed. N: \UAC \Final \Construction Engineering CSO Phase I Project WW08- 2008.doc Construction Engineering Combined Sewer Overflow Phase 1 Project WW08 -2008 February 14, 2012 Page 2 The design team covered by this scope includes Brown and Caldwell (principal designer), Shannon Wilson (geotechnical consultant), Berger ABAM (bridge designer) and Staheli Trenchless Consultants (pipeline slip lining designer). Brown and Caldwell will provide field and office engineering services to the City during construction of the Phase 1 CSO improvements and provide sufficient field review to allow the Engineer of Record to sign the Certificate of Construction as required by Ecology. Toward the completion of construction, the design engineer will assist the Construction Manager with coordination, planning and implementation of start-up, testing, and commissioning activities and training for the new CSO Phase 1 equipment, facilities and systems. Brown and Caldwell will evaluate testing results and provide field notes and memoranda identifying any corrective actions that may be needed. Brown and Caldwell will also develop the Operations Maintenance Manual, and submit it to Ecology for approval as required. Training for City operations staff through an on -site workshop forum will be provided to familiarize operators with the CSO reduction systems, components, and how to control them, including the overflow control strategy. The Engineer of Record construction services for the CSO project is proposed to be added to the Professional Services Agreement with Brown and Caldwell in an amount not to exceed $485,980, which increases the maximum compensation under that agreement from $4,253,611 to $4,739,591. Funds are available 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 1 2 3 4 1 TOTAL Description Fee Engineering Services $255,593 1 Start- Up /Commissioning/Training 56,278 1 Subconsultant support 71,100 1 Project management 103,00 $485,980 1 Project management is estimated on the basis of 9 hours /week of management and accounting staff during the duration of the construction project. As with all tasks, the City is billed only for the actual hours spent. 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 $485,980, and to make minor modifications to the agreement, as necessary. RT W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: February 14, 2012 To: Utility Advisory Committee From: Kathryn Neal, P.E., Civil Engineering Manager Subject: Environmental Engineering during Construction Combined Sewer Overflow Phase 1 Project WW08 -2008 Summary: Farallon Consulting, LLC has provided technical and environmental assistance regarding the former Rayonier site in matters relating to the Combined Sewer Overflow Phase 1 project. Project design is substantially complete, and preparations are underway to begin construction. Farallon's services are required during the construction phase, which is estimated to last until January 2014. Recommendation: Forward a favorable recommendation to the City Council to authorize the City Manager to sign Amendment No. 5 to the Professional Services Agreement with Farallon Consulting in an amount not to exceed $60,878, and to make minor modifications to the agreement, as necessary. Background /Analysis: Farallon Consulting, LLC was retained by the City in October 2010, to provide technical and environmental assistance regarding the former Rayonier site in matters relating to the Combined Sewer Overflow (CSO) Phase 1 project. This amendment covers engineering and technical services during the construction phase of the CSO project. Construction is anticipated to begin in June 2012 and to last until January 2014. Active excavation on the Rayonier site is currently estimated to be six months in duration. Farallon will provide field and office engineering assistance to the construction management team. The scope of work includes: Tracking the progress of construction, Responding to issues that may emerge related to soil or groundwater contamination on the Rayonier mill site, Site observation and monitoring for unforeseen environmental conditions, Technical support for legal counsel for the City on an as- needed basis, and End -of- Project environmental documentation. N: \UAC \Final \Environmental Engineering during construction CSO Phase 1 Project WW08 -2008 doc Environmental Engineering during Construction Combined Sewer Overflow Phase 1 Project WW08 -2008 February 14, 2012 Page 2 Farallon's technical and environmental engineering services for the construction phase of the CSO project are proposed to be added to the Professional Services Agreement in an amount not to exceed $60,878, which increases the maximum compensation under that agreement from $279,618 to $340,496. Funds are available from CSO reserves accumulated through rates and the Washington State Public Works Trust Fund loans. As with all tasks, the City is billed only for the actual hours spent. The task elements for this work are shown in the following table: Task 1 Description 1 1 Technical support 2 1 Project Administration 3 Progress meetings, analysis, and reports 4 1 On -site monitoring allowance 5 1 End -of- project environmental documentation TOTAL 1 Fee $4,080 3,450 25,848 16,000 11,500 $60,878 It is requested that the Utility Advisory Committee forward a favorable recommendation to the City Council to authorize the City Manager to sign Amendment No. 5 to the Professional Services Agreement with Farallon Consulting in an amount not to exceed $60,878, and to make minor modifications to the agreement, as necessary. ORI' ANGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: February 14, 2012 To: Utility Advisory Committee From: Kathryn Neal, P.E., Civil Engineering Manager Subject: 2012 On -Call Construction Management Services Agreement Summary: Vanir Construction Management, Inc. has been selected to provide on -call construction management services. The initial project task being awarded with this professional service agreement is for the construction management services for the Phase I Combined Sewer Overflow Project. Recommendation: Forward a favorable recommendation to City Council to approve and authorize the City Manager to sign the On -Call Professional Service Contract with Vanir Construction Management, Inc., in the amount not to exceed $1,787,668, and to make minor modifications to the agreement, if necessary. Background /Analysis: Vanir Construction Management, Inc. has been selected to provide on -call professional construction management services. This on -call agreement will remain in force and effect for inclusion of additional projects for three years from the effective date of the agreement. As individual needs for construction management services arise, a scope and fee will be negotiated. These projects may be added to the agreement as separate tasks after being authorized by City Council or in accordance with PAMC Section 3.05, if within the City Manager's authority. The Request for Qualifications (RFQs) was advertised November 15, 2011. Proposals from eight construction management firms were received by December 14, 2011 and interviews were held January 11, 2012 with the top three firms. The top three firms interviewed were Vanir Construction Management, Inc., Harris and Associates, and Exeltech. Selection team members were Councilmember Patrick Downie, City Engineer Mike Puntenney, City Engineering Manager Kathryn Neal, Staff Engineer James Burke, and Lower Elwha Tribe Fisheries Habitat Biologist/Manager Mike McHenry. Vanir Construction Management, Inc., was selected as the firm most qualified firm to provide construction management services for the agreement. The fee negotiations have been successfully completed. NTI Engineering and Wengler Surveying are local firms and will be sub consulting on the project for Vanir. The initial project task being awarded with this professional service agreement is for construction management services for the Phase I Combined Sewer Overflow (CSO) Project. The Phase I CSO Project extends from downtown Port Angeles, along the waterfront and the Olympic Discovery Trail, through the former Rayonier mill site, and the City's wastewater treatment plant (WWTP). The total cost for this N:\Professional Services Agreements \2012 On -Call Construction Management Services (OCA 2012- 02) \30 Council and UAC 2012 On -Call Construction Management Services February 14, 2012 Page 2 task is $1,787,668 which includes construction management staff, subconsultants, field facilities, equipment, and utilities. A cost summary is shown in the attachment at the end of this memorandum. The former Rayonier mill site is a Model Toxics Control Act (MTCA) site currently being cleaned up under an Agreed Order between Washington State Department of Ecology (Ecology) and Rayonier LCC (Rayonier). Soil and groundwater handling from excavations on the former Rayonier mill site will be subjected to agreements and coordination with Rayonier and Ecology. At this time, one of the other projects being contemplated for this agreement is the City's Waterfront Development Project, Phase I. This project involves the re- development of the Port Angeles Waterfront from Hollywood Beach/City Pier to Valley Creek Estuary. The proposed development will convert the City's waterfront into a community friendly area complete with roadway, resurfacing, parking, stormwater infrastructure and an esplanade. The time and work area for this project overlaps the western end of the CSO project. Additional work within the scope of this agreement may be added during the next three -year period for subsequent tasks. Funding for Task I is available from the CSO funds accumulated through rates and the Washington State Public Works Trust Fund Loans. It is recommended that City Council award and authorize the City Manager to sign an on -call professional services agreement for construction management services with Vanir Construction Management, Inc., in the amount not to exceed $1,787,668. Attachment: Cost Summary City of Port Angeles 2012 On -Call CM Services Contract Level of Effort Last Revision: January 31, 2012 Team Member Scott Tomlinson Tim Clark Keith Parker Jason Hart Dan McNay Laura Ditt Technical Support Vanir- Personnel Budget Company Vanir Vanir Vanir Vanir Vanir Vanir Vanir Sub- Consultants Company Mike Roberts KBA Tony SanAntonio KBA NT( Special Inspections NTI Wengler Wengler Total Sub Consultants Budget 10% On Sub Consultants (B &O,Insurance,O &P) Total Sub Consultants Budget With 10% Mark Up indirect Budget Estimated.Per -Diem Long Term No Food Travel Ferry Fee Budget Mileage Inspectors Vehicles (Includes Inspectors Mileage) 1 Indirect Budget I IG� 1 Average Monthly Budget I I I 1 I I Trailer 1650 /Month 1Mob /Demob>$500 Each 1 Electrical Utility Hook -upl !Lump Sum $2,000 Copier /Scannerl Servers I Intranet Access! I Telephones 1 1 Office Furniture 1, I Toilet Service 1 I Utilities 1 I Supplies 1 I 1 I Field Office Expense 10% (B &O,Insurance,0 &P) Total Field Office Budget Total Budget 'Position Rate 2012 1 Rate2013: (Totals Budget (Area Manger 1$ 168.49 1 174.39 1 (Project Director .1 152.78 1 158.13 1 15 149.93 1 155.181 76.18 1 115.03 105.62 1 144.90 1 1Proj /Const Manager 'Project Coordinator Senior inspector Assist Project Manager 'Costs /Scheduling 1 !Positions y Vice President Field Engineer Budget Budget $900 /Month /Person /FTE 1550 /Month 150 /Month 200 /Month 200 /Month 600 /Station /Files 120 /Month 100 /Month 300 /Month 195.44 1 77.86 1 1 N/A N/A TBD N/A N/A TBD 1 Attachment CSO Phase 1 Construction Management 73.60 1 111.14 1 102.05 1 140.00 111, 188.83 1 75.23 1 900 1 31.20 1 0.56 1 .1 800.00 1 550.00 50.00 200.00 .1 200.00 ,1 120.00 1 100.00 1 300.00 1 184 I 31,309 612 1 94,870 3,480 1 532,042 3,220 1 242,041 2,880,1 326,929. 288 1$, 29,762 .112.1.$.... 15,935 13 1272,888 152'1 2,800 I 29,204 215,068 75,000 20,000 339,272 33,927 $6`373,199 67,500 2,995 14 ;226 16,200 100,921 50,600 5,060 55,660 (15,000) 1 1,787,668 p O1.T A NGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: February 14, 2012 To: Utility Advisory Committee From: Glenn A. Cutler, P.E., Director, Public Works and Utilities Subject: Operation of Sewer Agreement Between The City of Port Angeles and The Lower Elwha Klallam Tribe Summary: The Lower Elwha Klallam Tribe desires to commence sending sewage to the City for treatment per the City and Tribe 2007 Wastewater Agreement. All construction work has been accomplished to convey sewage to the City for treatment. A requirement of two temporary easements from the City to the Tribe for construction of a Tribal wastewater line requires the Tribe to obtain operating rights from the City. The Agreement set out conditions that needed to be completed before the Tribe may commence operations. Recommendation: Forward a favorable recommendation to the City Council to approve and authorize the City Manager to sign the Operation of Sewer Agreement Between The City of Port Angeles and The Lower Elwha Klallam Tribe and make minor modifications to the agreement, if necessary. Background /Analysis: The City of Port Angeles (City) and the Lower Elwha Klallam Tribe (Tribe) entered into an Easement Agreement dated January 5, 2010 granting two temporary easements from the City to the Tribe for construction of a Tribal wastewater line over the Industrial Pipeline property and Milwaukee Grade up to Lower Elwha Road, and construction of a roadbed and appurtenances for the Elwha Valley Road up to the Lower Elwha Road. The Agreement sets out conditions that needed to be completed before the Tribe could commence regular operation of the sewer connection. The sewer construction is now complete, its operation and function are acceptable to the City. The Tribe desires to commence sending sewage to the City for treatment per the City and Tribe 2007 Wastewater Agreement on or about March 1, 2012. The subject agreement, see attached, grants the Tribe the right to commence operation of the sewer with the following conditions: 1. Prior to operation of the system, in accordance with section 3 g of the 2007 Wastewater Agreement, the Tribe shall adopt and impose on its wastewater system pretreatment standards at least as stringent as those adopted by the City; N: \UAC \Final \COPA LEKT Operation of Sewer Agreement docx COPA LEKT Operation of Sewer Agreement February 14, 2012 Page 2 2. Prior to operation of the system, the Tribe shall pay to the City the Milwaukee connection charges per section 3 e 2 of the 2007 Wastewater Agreement; and 3. The Tribe shall cooperate with the National Park Service and the City to transfer to the City ownership of those portions of the system within City limits. The total buildout for the Tribe is 400 equivalent water meters, with an initial connection of approximately 120 EWMs. System development charges have been paid in full for the 400 EWMs. The Milwaukee Sewer payment charges for 120 EWMs is $28,800 (120 x $240). It will also be necessary for the Tribe to set up an account with the Finance Department. Coordination between the Public Works Utilities and Finance departments is ongoing concerning this matter. The Tribe has reviewed and approved the language proposed by the City for the Agreement. It is recommended that the Utility Advisory Committee forward a favorable recommendation to the City Council to approve and authorize the City Manager to sign the Operation of Sewer Agreement Between The City of Port Angeles and The Lower Elwha Klallam Tribe and make minor modifications to the agreement, if necessary. Attachment: Draft Operation of Sewer Agreement Between The City of Port Angeles and The Lower Elwha Klallam Tribe Operation of Sewer Agreement Between The City of Port Angeles and The Lower Elwha Klallam Tribe This Agreement is entered into this day of 2012 by and between the CITY OF PORT ANGELES "the City and THE LOWER ELWHA KLALLAM TRIBE "the Tribe RECITALS WHEREAS, the City and the Tribe entered into an Easement Agreement dated January 5, 2010 granting two temporary easements from the City to the Tribe for construction of a Tribal wastewater line over the Industrial Pipeline property and Milwaukee Grade up to Lower Elwha Road, and construction of a roadbed and appurtenances for the Elwha Valley Road up to the Lower Elwha Road. That Agreement is incorporated by this reference and may hereafter be referred to as "the Agreement and WHEREAS, the Agreement set out conditions that needed to be completed before the Tribe could commence regular operation of the sewer connection; and WHEREAS, the sewer construction is now complete, its operation and function are acceptable to the City. NOW, THEREFORE, in consideration of the mutual benefits derived by entering into this Agreement and for other good and valuable consideration, the Tribe and City agree as follows: 1. The City grants the right to the Tribe to commence operation of the sewer with the following conditions: a. Prior to operation of the system, in accordance with section 3 g of the 30 May 2007 Wastewater Agreement, the Tribe shall adopt and impose on its wastewater system, pretreatment standards at least as stringent as those adopted by the City b. Prior to operation of the system, the Tribe shall pay to the City the Milwaukee connection charges per section 3 e 2 of the 30 May 2007 Wastewater Agreement; and c. The Tribe shall cooperate with the National Park Service and the City to transfer to the City ownership of those portions of the system within City limits. 2. All provisions of the 2007 Wastewater Agreement between the City and the Tribe with amendment number 1 is ratified and confirmed. CITY OF PORT ANGELES By: Approved as to form: William E. Bloor, City Attorney LOWER ELWHA KLALLAM TRIBE By: Attest: Janessa Hurd, City Clerk G \LEGAL \a AGREEMENTS &CONTRACTS\2012 AGRMTS &CONTRACTS \City -LEKT Sewer Operation 1 26 12 doe O.RTNGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: February 14, 2012 To: Utility Advisory Committee From: Larry Dunbar, Deputy Director of Power Systems Rick Hostetler, Customer Services Manager Jim Harper, Systems Coordinator Subject: Advanced Metering Infrastructure System Agreement Amendment No. 1 Summary: On December 14, 2010, City Council approved the Advanced Metering Infrastructure System Agreement with Mueller Systems. The City and Mueller Systems have taken longer to complete phase I than planned, and an amendment to the payment schedule is recommended with no changes to the total project cost being proposed. Recommendation: Forward a favorable recommendation to City Council to authorize the City Manager to sign Amendment No. 1 to the Advanced Metering Infrastructure System Agreement with Mueller Systems, and to make minor modifications to the agreement, if necessary. Background /Analysis: On December 14, 2010, City Council approved the Advanced Metering Infrastructure System Agreement with Mueller Systems, LLC. Phase I of the project includes installation of: telecommunications collectors, hardware and software, about 1,000 electric and water meters, demand response equipment in 50 homes, an additional module to the City's utility billing system, and integration of the AMI System and the City's utility billing system. Phase I of the project was anticipated to be completed by September 2, 2011. However, installation of demand response equipment and integration of the AMI System and the City's utility billing system have taken longer than anticipated. The City and Mueller Systems anticipate Phase I should be completed in the near future then undergo system acceptance. City approval of the system acceptance test is required prior to proceeding with the following construction phase. The AMI System Agreement includes City payment of 50% of Mueller Systems costs during the first phase prior to the system acceptance test. Due to the project taking longer than anticipated, Mueller Systems requests an increase be made in City payment to 75% of their costs, which staff believes is fair and reasonable since both parties have contributed to the delay. The proposed amendment also shifts $850,000 of charges from Phase II to Phase I, but does not result in any increase to the total project cost. The proposed amendment was prepared by the City Attorney. Staff recommends that the Utility Advisory Committee forward a favorable recommendation to City Council to authorize the City Manager to sign Amendment No. 1 to the Advanced Metering Infrastructure System Agreement with Mueller Systems, and to make minor modifications to the agreement, if necessary. Attachment: AMI System Agreement Amendment No. 1 N \UAC\Final\AMI System Agreement Amendment No 1.doc AMENDMENT No. 1 TO THE ADVANCED METERING INFRASTRUCTURE SYSTEM AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND MUELLER SYSTEMS, LLC. This Amendment is made this day of 2012 by and between the City of Port Angeles, a Washington municipal corporation "City and Mueller Systems, LLC, existing under the laws of Delaware, registered to do business in Washington State, hereinafter the "Vendor The Parties recite, covenant, and agree as follows: Section 1. Prior Agreement. The Parties entered into an Agreement dated December 21, 2010 providing for installation of an Advanced Metering Infrastructure System (the AMI System). Said AMI System consists of installation of an advanced meter infrastructure for the City's electric and water utilities and integration of a meter data management system with the City's existing Customer Information System (CIS) for use by the City in accordance with the terms, conditions and specifications set forth in the original Agreement. Except as provided in Section 5.1 Total Compensation and Section 5.3 Invoicing and Payment, below, the December 21, 2010 Agreement between the City and Vendor is ratified and shall remain unchanged and in full effect. Section 2. The December 21, 2010 Agreement is hereby amended by amending Section 5.1 Total Compensation of the Agreement in its entirety to read as follows: 5.1 Total Compensation In the event the Vendor successfully completes Phase I, and after Phase I System Acceptance Test is accepted by the City, the City agrees to pay a charge in the amount of $1,763,346.00 for Phase I, which includes all applicable taxes in accordance with Exhibit 3 Schedules "A `B "B 1 "C `B "El", "F "H "J "K "L and "M The charges for Exhibit 3 Schedules "A `B "C and "E" shall be based on 2,000 units each. Payment of compensation for Phase I shall be in the manner and at the times provided in Section 5.3 below. In the event the Vendor successfully completes Phase II, and after the Phase II System Acceptance Test is accepted by the City, and the AMI System has successfully operated for 120 days, the City agrees to pay a charge in the amount of $2,176,419.00 for Phase II, which includes all applicable taxes in accordance with Exhibit 3 Schedules "A", `B" `B1" "C", "E", "El", "F", and "J The charges for Exhibit 3 Schedules "A `B "C and "E" shall be based on units beyond 2,000 in Phase I. Payment of compensation for Phase II shall be in the manner and at the times provided in Section 5.3 below. Page 1 The charges for Exhibit 3 Schedules "A" and "C" shall remain valid subject to City acceptance without escalation for a minimum of 365 days following City approval of the final System Acceptance Test. In addition to the amounts provided above, if the Vendor grants software licenses to the City in accordance with Exhibit 3 Schedules "L" and "M" and Exhibit 6, the City agrees to annually pay a software license fee in the amount of $10,900 beginning in the first year after the Phase II System Acceptance Test. Section 3. The December 21, 2010 Agreement is hereby amended by amending Section 5.3 Invoicing and Payment of the Agreement in its entirety to read as follows: 5.3 Invoicing and Payment Vendor charges will be invoiced to the City monthly for completed work (12 invoice periods per year). City payment is due, less amounts retained as provided below, within 30 days of receipt of invoice. Thereafter, interest of 1.0% per month will be charged on the balance due. Vendor shall pay each material supplier or each subcontractor, if any, after receipt of any payment from the City, the amount thereof allowed the Vendor for and on account of materials furnished or work performed by each material supplier or each subcontractor. a. Phase I Prior to the System Acceptance Test for Phase I, the Vendor will invoice the City no more than 90% of the charge included in Section 5.1 for Phase I materials received by the City. Prior to the System Acceptance Test for Phase I, the Vendor will invoice the City no more than 50% of the charge included in Section 5.1 for completed and functioning Phase I installations. Prior to the System Acceptance Test for Phase I, the combined invoices for material and installation shall be no more than 75% of the total charge for Phase I specified in Section 5.1. Upon successful completion and City approval of the Phase I System Acceptance Test, the Vendor will invoice the City no more than an additional 15% of the charge specified in Section 5.1 for Phase I. b. Phase II The Vendor will invoice the City no more than 90% of the charge specified in Section 5.1 prior to the System Acceptance Test for Phase II for materials received by the City and completed installations. The remaining 10% of the charges specified in Section 5.1 for Phases I and II will be invoiced to the City no earlier than one hundred and twenty (120) days (allowing the City three monthly utility billing cycles) after City approval of the Phase II System Acceptance Test. Page 2 CITY OF PORT ANGELES MUELLER SYSTEMS By: By: Kent Myers Name (Print) City Manager Title: Date: Date: G \LEGAL \a AGREEMENTS &CONTRACTS\2012 AGRMTS &CONTRACTS\AMI MuellerSystems Amendment 01 31 12 docx 2/10/2012 Page 3 PORIAMGF LES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: February 14, 2012 To: Utility Advisory Committee From: Randall Brackett, P.E., Deputy Director of Operations Subject: Draft Clallam County Hazardous Waste Management Plan Summary: Public comment is being accepted on the draft Clallam County Hazardous Waste Management Plan through February 27, 2012. The County intends to adopt a new plan as an appendix to the 2006 Clallam County Comprehensive Solid Waste Management Plan. Recommendation: For information only, no action requested. Background /Analysis: A Hazardous Waste Management Plan (HWMP) is the roadmap for managing a comprehensive moderate -risk waste system. The Washington State Hazardous Waste Management Act (Chapter 70.105 Revised Code of Washington) directs local governments to prepare HWMPs and requires them to be implemented. Clallam County last approved a HWMP in 1991 and a new HWMP is needed to address new Department of Ecology guidelines. The 1991 HWMP recommended four elements: 1. Public education and outreach, 2. Collection of hazardous waste at three drop off facilities, 3. Collection of oil and antifreeze at three locations, and 4. The treatment and disposal of collected materials. Over the last 20 years, education and outreach has been ongoing, with most of the effort by Clallam County staff and more recently by City staff. Only one of the three drop -off hazardous waste facilities was established. Instead, yearly collection events were sponsored by Clallam County until the Moderate -Risk Waste Facility opened in 2007. The 1991 HWMP identified a surcharge on solid waste disposal fees as the recommended funding source for the household hazardous waste funding element. Over the years, the collection events were funded through a combination of County, City, and Department of Ecology funds. User fees were never instituted, except for business collection events. N: \UAC \Final \Draft Clallam County Hazardous Waste Management Plan.docx Draft Clallam County Hazardous Waste Management Plan February 14, 2012 Page 2 The draft HWMP follows the 2010 Department of Ecology "Guidelines for Developing and Updating Local Hazardous Waste Plans" and addresses six required elements: 1. Household collection, 2. Household and public education, 3. Small business technical assistance, 4. Small business collection assistance, 5. Used oil education and collection, and 6. Enforcement The most significant new element of the draft HWMP is the attention given to a small business collection assistance program. Funding for the program has already been secured through the Ecology Coordinated Grant Prevention Grant 2012 -2013 and the City's Pollution Prevention Specialist position (Ecology Local Source Control Partnership 2012- 2013). The funding source for the future HWMP elements are proposed to be continued as a combination of tipping fees and grant monies from the Department of Ecology. Businesses will continue to pay for their own disposal costs. The Solid Waste Advisory Committee (SWAC) has reviewed the draft HWMP and will continue its involvement in the process of adoption. Comments being prepared by City staff largely center on style and suggestions intended to make the document more readable. The City will be a signatory to the final HWMP. The following tasks will occur to complete the final HWMP: Comments to County Environmental Health Dept due February 27, 2012 Revisions to HWMP 30 days Review by Ecology 90 days Final HWMP adoption July /August Jennifer Garcelon, of the Clallam County Environmental Health Department, and Helen Freilich, City Solid Waste Reduction Specialist, will provide a brief presentation on the draft HWMP at today's meeting.