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HomeMy WebLinkAboutAgenda Packet 03/12/2013Utility Advisory Committee Jack Pittis Room Port Angeles, WA 98362 March 12, 2013 3:00 PM AGENDA I. Call To Order II. Roll Call III. Approval Of Minutes For February 12, 2013 IV. Late Items V. Discussion Items: A. Landfill Bluff Stabilization Agreement B. Solid Waste Comprehensive Plan Amendment Resolution C. 2012 Water Utility Consumer Confidence Report (info only) D. Simple Steps Promotion Agreement E. Capacity Provisioning Inc. Right -of -Way Agreement VI. Information Only Items: A. Advanced Metering Infrastructure System Update B. Demand Response Program Update (verbal) C. New and Lapsed Agreements D. Utility Discount Ordinance Update VII. Next Meeting Date: April 9, 2013 VIII. Adjournment N: \uac \final \031213 I. Call To Order Chairman Dan DiGuilio 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. Approval of Minutes Utility Advisory Committee Jack Pittis Conference Rooms Port Angeles, WA 98362 February 12, 2013 3:00 p.m. Dan Di Guilio, Cherie Kidd, Sissi Bruch (3:03) Patrick Downie (3:16) Brad Collins, Brooke Nelson, Max Mania Dean Reed, Paul Elliot Murven Sears II, Michael Jacobs Dan McKeen, Glenn Cutler, Bill Bloor, Sondya Wray, Byron Olson, Kathryn Neal, Mike Puntenney Francisco Judy de la Cruz Brice Boland Jim Waddell Roger Gates Shawn Canera Jeremy Shwartz, PDN Arnold Schouten (3:08) Darryl Wood (3:13) Chairman Dan Di Guilio asked if there were any corrections to the minutes of January 8, 2013. Cherie Kidd moved to approve the minutes. Dean Reed seconded the motion, which carried unanimously. IV. Late Items: None 1 V. Discussion Items: A. Landfill Bluff Stabilization Schedule (information only) City Engineer Mike Puntenney, P.E., and Engineering Manager Kathryn Neal, P.E., discussed via a PowerPoint presentation the Landfill Bluff Stabilization project. This was an overview of the schedule, phases, and participation for the project. The schedule, reviewed by Kathryn Neal, covered all the meetings dates for the design and construction elements in 2013 and 2014. There was a lengthy discussion. VI. Information Only Items: None. VII. Next Meeting Date: March 12, 2013 VIII. Adjournment: 4:00 p.m. Cherie Kidd, Mayor Sondya Wray, Administrative Specialist 2 7 (r L E 1 s W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: March 12, 2013 To: Utility Advisory Committee From: Kathryn Neal, P.E., Engineering Manager Subject: 2013 Landfill Bluff Cell Stabilization Phase 1, Project SW02 -2012 Summary: Port Angeles Landfill (PALF) is located along the Straits of Juan de Fuca, and erosion of the marine bluffs is threatening to expose municipal solid waste and allow that waste to spill onto the beach. Staff is proposing amendment 3 to the Herrera Professional Services Agreement to develop permits and the 30% level design to resolve this problem. Recommendation: Forward a favorable recommendation to City Council to approve and authorize the City Manager to sign Amendment 3 to the 2011 On -Call Landfill Cell Stabilization Professional Services Agreement with Herrera in an amount not to exceed $1,171,121, which will increase the contract amount to $1,567,771, and to make minor modifications to the agreement if necessary. Background /Analysis: Erosion of the marine bluffs along the northern edge of the Port Angeles Municipal Landfill (PALF) is migrating into the East and, potentially, the Valley Cells for the 304 compliant landfill cells. In June 2012, the City Council authorized investigation of alternative corrective actions based on subsurface investigations, geomorphic evaluations, 304 cell relocation scenarios, comparisons between on -site and off -site disposal, and cost analysis. Five alternatives were developed that provided a comprehensive overview of options and their application to selection criteria including:(1) Environmental impact; (2) Level of infrastructure protection; (3) Cell encroachment (refuse at risk), (4) Fundability; (5) Ability to monitor and manage future bluff retreat. Several presentations were made to the City Council, regulators, stakeholders, and the Public. After receiving feedback and direction from these presentations, a 20 to 25 year approach has been identified for implementation. The primary element of this conceptual approach is for waste relocation. It is a managed retreat from the most at -risk areas of the landfill along the bluff. Solid waste located within the northern 150 feet of the 304 East Cell (approximately 265,000 cubic yards) will be relocated to a new cell of similar capacity on the 351 Cell. This volume was estimated based on borings and well logs, historic photos, and previous geotechnical reports. Waste removal is in response to the shoreline penetration into the 304 cell. Actual volumes, depth and extent will vary because the actual extent of the 304 cells is only partially delineated. Remaining solid waste will be configured for a stable closure that ties into the remaining 304 East Cell cover system. A WAC 351 compliant cover system will be designed with gas system modifications, as 2012 Landfill Bluff Stabilization Phase 1, Project SW02 -2012 June 12, 2012 Page 2 needed. The cover system may utilize an alternative, approved liner system to allow a 2:1 (H:V) slope. A toe drain/intercept will be designed to intercept residual leachate and landfill gas. Exposed native slopes will be stabilized through regrading, where possible. Surface water will proceed north through the newly open area of the 304 East cell and utilize the existing Notch 2 drainage outlet. This outlet will require modification. Solid waste removal will extend to the west to include shallow removals (up to 15 feet deep) along the central north portion and a small portion of the Valley Cell. The Valley Cell removal will be reconfigured for a WAC 351 or 304 landfill cover system. Waste removals through the shallow cell are needed to convey surface water. The 351 Cell will be reopened to allow an approximate 265,000 cubic yard cell development on top and within the permitted elevation and footprint boundaries. Solid Waste will be placed in lifts to final grades between 3:1 and 2:1 (H:V), depending on the closure strategy. A WAC 351 closure system will be designed with gas wells and/or laterals extending into the new cell. Cell preparation will begin with the existing cover system being removed from the new cell footprint. A temporary gas management system will be installed to control oxygen intrusion and gas exposure in the working area. The final cover system will include lining system, gas system, surface water system, and access. An on -site construction access system will be established to allow solid waste transfer from the 304 Cell to the 351 Cell. Waste screening, staging areas, and control entrances will be included. The preliminary construction estimate for this first element is approximately $14,000,000. A second element of the conceptual approach is to provide seawall repair and upgrade at both the east and west ends as well as habitat restoration using large woody debris in Dry Creek. This will prevent both intrusion behind the seawall from both wave action along the shore as well as potential Dry Creek erosion and impacts along the side and behind the seawall. This work is important to prevent scouring behind the seawall which would expose the Valley and West 304 cells to toe erosion and a premature failure. This will provide long -term resolution for these eventualities. The preliminary estimated range of construction for this work is $500,000 to $1,400,000. The wide range for this estimate is since the distance and specific method of tying this back into the bluff will be developed as part of the geotechnical and investigatory work in amendment 3. Rip rap or concrete armoring units will be utilized to protect both seawall ends while remaining in the approximate footprint of the existing end wall rip rap. Containment and foundation structure beneath the surface structural forms will be needed. Structural extent longitudinally from the seawall end may extend up to 50 feet or to a distance needed to be stable. Interface with the bluff face on the east end will be critical, as the bluff will migrate to the south over time while the seawall remains stable. The orientation of the end wall protection will be designed in anticipation of this migration to continue protection of the east end over time. Both shoreline and landfill facility activities will require permitting. Shoreline work will include activities below the high tide line of the Strait of Juan de Fuca including site access and construction activities for end wall protection at the existing seawall. Shoreline work also will occur below the ordinary high water mark of Dry Creek for placement of large woody debris structures to deflect the N:\Professional Services Agreements \2011 Landfill Cell Stabilization Task Order 7 -13 \30 Council stream thalweg away from the seawall west end. Permitting will include federal, state, and local compliance. Landfill permitting will be needed for opening and reclosing the 304 East Cell and opening, filling, and operating the 351 Cell. This scope of work is Phase 1 of two phases. Phase 1 (April —July 2013) will initiate permitting for both landfill and shoreline work; 304 and 351 cell Engineering Report; 30% landfill conceptual design; and 30% seawall end protection and Dry Creek conceptual design. Phase 2 (August 2013 Spring 2014) will scope and budget subsequent permitting efforts and completion of the design process consistent with regulatory feedback and conceptual design development. Phase 2 will be done after consultation with Council and obtaining their approval to add this work by amendment to the agreement. The tasks and amounts negotiated with Herrera are shown in Table 1 below. Table 1: Task and Amounts Tasks Task 14 Project Management Task 15 Cumulative Effects Analysis of Precast Armoring Units Task 16 Permit Development Applications Task 17 30% Design Development Task 18 Public Outreach Total Amount $57,384 84,285 217,171 797,281 15,000 $1,171,121 Funding is available from the Landfill Post Closure Fund. This fund was set aside to provide for post closure maintenance activities for the mandatory period of 30 years as prescribed in law. The current balance in the fund is $3,553,994. Because this will be an unanticipated expenditure in this fund, its balance will need to be restored. It is anticipated that the source of reimbursement will come from future municipal revenue bonds in conjunction with adjustments to Transfer Station tipping fees to support the debt service. The municipal revenue bond will be sought after more definitive estimates are developed the will be part of the 30% design report. A reimbursement resolution was approved by Council on June, 2012. It is requested that the Utility Advisory Committee forward a favorable recommendation to the City Council to approve and authorize the City Manager to sign Amendment 3 to the 2011 On -Call Landfill Cell Stabilization Professional Services Agreement with Herrera in an amount not to exceed $1,171,121, which will increase the contract amount to $1,567,771, and to make minor modifications to the agreement if necessary. CITY OF Attachment: Draft Resolution ORT NGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: March 12, 2013 To: Utility Advisory Committee From: Kathryn Neal, P.E., Engineering Manager Subject: Solid Waste Comprehensive Plan Amendment Resolution Summary: The Clallam County Solid Waste Management Plan was last updated in 2006 and does not reflect the current events at the closed Port Angeles Landfill. Erosion of the marine bluffs along the Strait of Juan de Fuca is threatening to expose municipal solid waste and allow that waste to spill out onto the beach. The Solid Waste Comprehensive Plan should be amended, to add provisions relating to the Port Angeles Landfill Bluff Cell Stabilization project. Recommendation: Forward a favorable recommendation to City Council to approve and authorize the Mayor to sign a Resolution amending the Clallam County Comprehensive Solid Waste Management Plan Update 2006 Background /Analysis: The Port Angeles Landfill is located along the Straits of Juan de Fuca and erosion of the marine bluffs is threatening to expose municipal solid waste and allow that waste to spill onto the beach. The Clallam County Solid Waste Management Plan was last updated in 2006 and does not reflect the recent changes at the closed Port Angeles Landfill, nor does it currently address the City's plan to respond to the threat. The Plan should be amended to add provisions relating to the Port Angeles Landfill Bluff Cell Stabilization project, project number SW02 -2012. Implications and costs of resolving the problem are shared by the region through the Landfill tipping fees. Inclusion in the Solid Waste Comprehensive Plan supports the City's eligibility for funding assistance from federal and state agencies. The Clallam County Solid Waste Comprehensive plan is a regional plan and was jointly prepared and formally adopted by Clallam County and the cities of Port Angeles, Sequim, and Forks. The Plan may be amended by agreement of these jurisdictions, and must be approved by the Washington State Department of Ecology. The issue was presented by City staff to the Solid Waste Advisory Committee (SWAC) on January 17, 3013 and again on February 21. A presentation on the current status at the Landfill Bluff and the need for a Plan Amendment was made to a Sequim City Council Study Session on February 11. Reaction from each of the jurisdictions has been positive, and the majority of SWAC members have approved the proposed amendment. It is expected that the Amendment will be brought before the other jurisdictions within the next month. N \UAC\ MEETINGS \UAC2013 \UACO31213 \V -B1 -Solid Waste Comp Plan Amendment Resolution doc RESOLUTION No. A RESOLUTION to adopt and approve an amendment to the Clallam County Comprehensive Solid Waste Management Plan Update 2006. WHEREAS, in 2005 Clallam County and the Citys of Forks, Sequim, and Port Angeles entered into an Interlocal Agreement for the purpose of updating a comprehensive solid waste management plan as required by RCW Chapter 70.95; and WHEREAS, the county and the three cities did jointly prepare a Comprehensive Solid Waste Management Plan Update 2006 (the 2006 Plan Update); and WHEREAS, the 2006 Plan Update was adopted by each of the four jurisdictions in 2007 and it currently is in effect; and WHEREAS, Section 3.4.3 of the 2006 Plan Update provides that the Plan may be amended by agreement of the jurisdictions that participated in the interlocal agreement and subsequently formally adopted the 2006 Plan Update; and WHEREAS, an unanticipated change has occurred in one closed cell of the Port Angeles landfill; and WHEREAS, that change should be promptly investigated and remedial action, if any, should be considered; and WHEREAS, the 2006 Plan Update should be amended to reflect the changed condition and response to it; and WHEREAS, due to the unanticipated changed conditions, the City of Port Angeles agrees that the amendment process should be undertaken and the Plan should be amended; and WHEREAS, the other three jurisdictions have stated their concurrence that the amendment process should be undertaken and the 2006 Plan Update should be amended, NOW, THEREFORE, BE IT RESOLVED 1. The City of Port Angeles agrees and confirms that the Clallam County Solid Waste Management Plan Update 2006 should be amended, and that the amendment process should be undertaken, for the purpose of adopting the attached amendment, which adds to the 2006 Update Plan provisions relating to the Port Angeles landfill stabilization project. 2. The City of Port Angeles does hereby approve and adopt the attached amendment to the Clallam County Comprehensive Solid Waste Management Plan Update 2006. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of February, 2013. SolidWasteMgmtPlan 02 04 13 wpd Cherie Kidd, Mayor ATTEST: APPROVED AS TO FORM: Janessa Hurd, City Clerk William E. Bloor, City Attorney CLALLAM COUNTY COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN Amendment to Address Port Angeles Landfill Stabilization 7. DISPOSAL 7.1A Introduction The purpose of this amendment is: To identify the needs and opportunities presented by the continuing erosion of the marine bluffs at the north margin of the closed Port Angeles Municipal Landfill. The City of Port Angeles Public Works and Utilities Department is evaluating alternatives to reduce or eliminate the risk of refuse entering the marine environment and to slow down the rate of bluff erosion. 7.2. INCINERATION (NA) 7.3. IN- COUNTY LANDFILLING (Closed Landfill Oversight) 7.3.1.1A City of Port Angeles Landfill The City of Port Angeles Public Works and Utilities Department has lead oversight responsibilities for the Port Angeles Landfill. Clallam County Environmental Health Services works with Ecology to provide regulatory and technical oversight. The Port Angeles landfill was originally a regional dumping site purchased by the City in 1947. See Figure 1A, Vicinity Map, and Figure 2A, Site Map. The WAC 173 -304 compliant cell is located adjacent to the coastal bluff, and contains approximately 750,000 cubic yards (CY) of municipal solid waste. The west and east portions of the cell differ in important characteristics, and are referred to as the West 304 Cell and the East 304 Cell. The WAC173- 351 compliant cells (351 Cell),which includes subcells 1, 2, and 3 lies south (inland) of the 304 Cell. The Port Angeles Municipal Landfill was closed in 2007 according to the requirements of the State's Criteria for Municipal Solid Waste Landfills (WAC 173 -351) and Clallam County Solid Waste Regulations. Since closure of the landfill, the Port Angeles Transfer Station was constructed on the site in 2006 and is currently in operation. Reserve accounts for closure and post closure costs for the closed landfill are being funded by a portion of the landfill tipping fee. Since 2001, there has been concern with bluff retreat and erosion migrating into the Port Angeles Landfill facility. In conjunction with the landfill closure, a seawall was constructed in 2006/2007 at the base of the West 304 Cell to prevent pollution to the Strait and to protect the landfill from further erosion. The slope above the wall was graded back to 1.25:1 (slightly flatter than 45 degrees), and was stabilized with erosion control plantings and geotextile fabric. Waste from the bluff and the beach was relocated to the 351 Cell, which was still open at that time. Since the installation of the wall, bluff erosion along the unprotected eastern half has continued, further threatening slope failure and the uncontrolled release of refuse into marine waters. In the summer of 2011 during maintenance inspections, City of Port Angeles staff observed that the bluff face had experienced localized failure at one location along this unprotected eastern half that had exposed some waste at the top of the bluff and had broken a perimeter drain pipe that was left dangling over the edge. 7.3.2A Needs and Opportunities Port Angeles Landfill Localized failure that had exposed parts of the cell lining and waste refuse is a water quality and human health threat. In addition, analysis shows that, due to highly erosive wave impacts and inherently unstable vertical bluffs, the portions of the landfill shoreline not protected by the seawall are experiencing continued high rates of erosion. Erosion to date has reached the extent that the City of Port Angeles needs to undertake actions to reduce or eliminate the risk of refuse from entering the marine environment. The City of Port Angeles Public Works and Utilities Department is evaluating the alternative methods necessary to remove exposed refuse, repair drainage facilities, and to slow down the rate of bluff erosion. As part of the ongoing evaluation, the City is also assessing mechanisms to reduce the cost of the alternative corrective actions, including the impact on utility ratepayers; and assessing alternative funding for the corrective action. 7.3.3A Alternative Methods Port Angeles Landfill The City of Port Angeles Public Works and Utilities Department has developed a number of alternatives to reduce or eliminate the risk of refuse entering the marine environment. Some alternatives also would decrease the rate of bluff erosion. To reduce or eliminate the risk of refuse from entering the marine environment, waste would be removed from the East 304 Cell, in part or completely, and relocated on -site or transferred off -site. Reconsolidated onto the East Cell 304 (south end). The preferred location for relocating waste onsite would involve re- opening the existing 351 compliant cell on the Port Angeles Municipal Landfill industrial property, and relocating waste within the existing permitted footprint and height. All relocated waste cells will meet current solid waste landfill standards under WAC 173 -351 and address engineering and regulatory challenges of placing a new cell onto an existing landfill cell. Off -site relocation would include transfer to an approved RCRA Subtitle D landfill. The alternatives for removal of 304 Cell waste and relocation on -site would require some or all of the 750,000 cubic yards of waste in the 304 Cell, to be moved within the permitted footprint and maximum height of the existing 351 Cell. Depending on the proportion removed, the remaining East Cell 304 may be required to have an updated landfill cover system installed with gas collection. The expanded 351 Cell would provide capacity within the existing landfill to accommodate the amount of refuse removed from East Cell 304, with the exact dimensions of the new cell to be determined by the amount re- located. The location of the new cell could be in or on top of existing cells. The cell would be constructed within standard landfill waste placement /compaction requirements. Once final grades are achieved, the disposal cell will be closed in compliance with current landfill WAC 351 standards. Bluff stabilization strategies include both short-term and long -term approaches to address multiple issues such as dynamic hydrologic and climatologic forces, inherent bluff instability, worker safety and constructability of shoreline and bluff stabilization measures, and landfill proximity. Five conceptual alternatives have been identified which address the range of protective structures that could be considered on the shoreline, and the waste removal /relocation that would be needed in conjunction with each alternative: 1. Maintain the seawall in its current location, 2. Remove the seawall, 3. Install limited scour protection at the ends of the seawall, 4. Stabilize the shoreline to the landfill extent, 5. Stabilize the shoreline to the property extent To address funding of corrective actions, the City plans to pursue a combination of appropriate state and federal grants and loans, and to utilize the Solid Waste Utility's bonding capacity for debt financing. Revenue bonds will be backed by revenue from the transfer station. To the extent debt financing is utilized, tipping fees will be increased and customers in the County will be affected. 7.3.4A Recommendations The following recommendations are made for closed landfill oversight in Clallam County: Consider the range of alternatives necessary to reduce or eliminate the risk of refuse from entering the marine environment and to slow down the rate of bluff erosion at the Port Angeles Landfill. Maximize the development of appropriate state and federal grant funding to reduce impacts to utility ratepayers when implementing corrective actions at the Port Angeles Landfill. The following recommendations are made for in -county landfilling in Clallam County: Consider reopening the existing WAC 351- compliant MSW disposal cell at the Port Angeles Landfill necessary to accommodate partial or complete removal of waste from the 304 compliant cell to reduce or eliminate the risk of refuse from entering the marine environment. 12. COST ASSESSMENT QUESTIONNAIRE Introduction 12.1 Demographics (NA) 12.2 Waste Stream Generation (NA) 12.3A System Component Costs Port Aneles Landfill Stabilization To address corrective actions, the City of Port Angeles has estimated the costs of the Conceptual Alternatives for waste removal and shoreline protection options to range from $6M to $41M, assuming on -site waste relocation. If off -site disposal is required, estimated costs increase to a maximum of $70M. These costs do not reflect the ability to obtain permits, project phases, the longevity of the solution, or the ability to obtain financing. Taking environmental impacts, affordability, and durability into consideration, the most likely alternative at this time involves installing limited scour protection at the ends of the existing seawall, and removing waste to allow an embayment to form at the East 304 Cell. The estimated cost is $24M, to be done in multiple phases. The cost of the initial phase, to be constructed as soon as possible, is estimated at $15M, with subsequent phases to be constructed in 25 and 50 years. Phasing the project facilitates financing the work, and also enables shoreline movement to be monitored and the project design to be adjusted based on the data. This is especially appropriate in view of the uncertainties surrounding estimates of sea level rise and Elwha River sediment over multiple decades. 12.4A Funding Mechanisms Port Angles Landfill Stabilization To address funding of corrective actions, the City plans to pursue a combination of appropriate state and federal grants and loans, and to utilize the Solid Waste Utility's bonding capacity for debt financing. Revenue bonds will be backed by revenue from the transfer station. To the extent debt financing is utilized, tipping fees will be increased and customers in the County will be affected. min UfA sapSuV lice N de VI UV] A S Dam A zou co AI I:1 -4" Q _w +r 9a i m r r, Cell .�e 1„.. ,ems l g gym, Gas Extraction Well m Far i -compliant tei Landfill Refuse ss m� ag_�� Note loped P ORT A NGELES W A S H I N G T O N U.S.A. UTILITY ADVISORY COMMITTEE MEMO DATE: March 12, 2013 To: UTILITY ADVISORY COMMITTEE FROM: Ernie Klimek, Water Superintendent SUBJECT: Consumer Confidence/Water Quality Report for calendar year 2012 Summary: The Washington State Department of Health requires that every water system provide an annual Consumer Confidence Report to its customers. The report is to contain information on the potential contaminants present in the water supply that customers receive. The attached report for the City of Port Angeles has been prepared for our water customers. Recommendation: For information only, no action requested. Background /Analysis: In 1996 Congress passed amendments to the Safe Drinking Water Act that included a mandate from the Environmental Protection Agency (EPA), to require community water systems to provide each of their customers with a "Consumer Confidence Report (CCR)" every twelve months. This year's report, using 2012 data, will be available electronically to all City of Port Angeles water customers with notice given on the utility billing statements as to city website location. Electronic distribution was approved by the EPA and the Department of Health this past December and will provide the utility with approximately $5000 /yr. in potential savings. We will have hard copies available upon request and a public service announcement will be made in regards to the reports availability. The attached Water Quality Report for calendar year 2012 has been developed in accordance with the EPA/CCR regulations by City staff. The regulations require information on the quality of the water delivered by the system, and characterization of any risks from exposure to contaminants in the drinking water in an accurate and understandable manner Also included in the report is our data for Water Use Efficiency that is required to be shared with our customers. The City's unaccounted water loss has been reduced to 14% from a high of 21% at the start of this 6 year cycle (a 33% reduction). In addition, the city has a requirement to provide the content of this Water Quality Report to Clallam County Public Utility District #1 by April 1 for the preparation of their report. Attachment: Water Quality Report 2012 GGGEp GI,Ea;Eo emo8GGGGEP The City of Port Angeles is pleased to provide you with our annual Consumer Confidence Water Quality Report for 2012. The purpose of this report is to share infor- mation with you, our customers, about the quality of your water and to convey a basic knowledge of our water system. This re- port is a summary of the quality of water we provided to you in 2012, gives details about where the water comes from, and compares it to standards set by regulatory agencies. Your Water Utility continues to follow the Elwha River Restoration Project as dam removal moves forward and we are monitoring our source water as conditions change, all the while providing you with the quality of water you have come to ex- pect from us. During 2012 your treatment plant opera- tors began implementing efficiency prac- tices they received training on at a Depart- ment of Health Office of Drinking Water sponsored Treatment Plant Optimization course and began reducing filter back washing times 15 -20% thus reducing as- sociated energy costs to the utility. The distribution crew continued to remove older failing lines from service in 2012 and also worked with our Automated Me- ter Contractor to begin installing our larger WEE DOES OUR WATE Source water for the City of Port Ange- les Water System is a Ranney Collector; Well (Source: S01) located on the east, bank of the Elwha River. Our Depart- ment of Health system identification number is 68550M. The Ranney Col lector has been classified as ground water under the influence (GWI) of sur- face water. This designation requires the City to meet the stricter require meats of the Surface Water Treatment, Rule (SWTR) for our drinking water. The City of Port Angeles is in full com- pliance with SWTR through the filtra- tion processes provided by Port Ange- les Water Treatment Plant (PAWTP) constructed under the Elwha River 7 sized meters (1.5 to 8 inch diameter) while reducing our unaccounted water 2% from last year. These efforts by both the treatment plant operators and the distribution maintenance crew will continue in 2013 as we strive to provide not only a quality product but an efficient one as well. Once again, I'd like to thank you for your continued support and, if after read- ing this report you have any questions or at anytime have concerns about the quality of your drinking water please visit our website at www.cityofpa.us pwWaterU.htm or contact me by e -mail at eklimek @cityofpa.us or phone 360.417.4855. Thank you, Ernie Klimek Water Superintendent COME PRIM? Ecosystem and Fisheries Restora- tion Act. More data on Source Wa- ter is available through the Source Water Assessment Program (SWAP) online at: htto: /www.doh.wa.gov/ eho/dw/sw/assessment.htm Melds CMa Homan Wax SaVing D ta Pg 4-5 W I Page 6 z.,tn,P Uas E al Page 7 G1pao0 200 What We Test for in Your Drinkin0 Water In 2012, we conducted over 487 tests for contaminants. Four hundred and fifty -six of these were routine Coliform sampling, one sample for Nitrate -N. four (one -per quarter). samples each for total tnhalomethane (TTHM), haloacetic acid (HAAS), and total organic carbon (TOC's), twelve monthly samples for fluoride and six samples for repair, new construction and investigation. The results listed on page 5 are a summary of these tests as submitted to the DOH/ Office of Drinking Water and the U.S. Environmental Protec- tion Agency. Thank you. Larry Messinger Water Treatment Plant Operator 3 Page 2 WATER TREATMENT Jason Variance and Exemptions Exceedences On October 24, 2012 a coliform presence was detected in a routine sample. Repeat samples returned None De- tected (ND). The initial test was invalidated with re- sampling and the initial results were determined to repre- sent sampling procedural error or non system contamina- tion. Additional Testing Complete Inorganic (IOC), Complete Synthetic Organic (SOC) and Complete Volatile Organic (VOC) analysis. Lead in Drinking Water In Washington State, lead in drinking water comes primar- ily from materials and components used in household plumbing. The more time water has been sitting in pipes, the more dissolved metals, such as lead, it may contain. Elevated levels of lead can cause serious health problems especially in pregnant women and young children. To help reduce potential exposure to lead: For any drink- ing water tap that has not been used for 6 hours or more, flush water through the tap until the water is noticeably colder before using for drinking or cooking. You can use the flushed water for watering plants, washing dishes, or general cleaning. Only use water from the cold tap for drinking, cooking, and especially for making baby formula. Hot water is likely to contain higher levels of lead. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water is available from EPA's Safe Drinking Water Hotline at 1.800.426.4791 or online at http: /www.epa.gov/ safewater /lead. Benjie Eric Quinn The Water Treatment Section of the Water Utility has the responsibility of treating and testing your drinking water. Our goal is to ensure that we meet all regulatory agency standards and retain your confidence in us to provide you with safe and reliable drink ing water every time you turn on your water tap. The section is composed of 5 employees. They have a combined total of over 95 years of experience and serve you with expertise and professionalism. Continuing education is mandatory for our employees to meet the high standards that you have come to expect. Current certifications held by staff and issued by the Washington State Department of Health include: Water Distribution Manager, Water Distribution Specialist, Water Treatment Plant Operator, Cross Connection Control Specialist, and Backflow Assembly Tester. 2012 CONSUMER CONFIDENCE WATER QUALITY REPORT Thank you, Port Angeles Water Treatment Plant Effluent Basin Maturation Mixer Backflow Protection To protect our customers from possible cross connection con- tamination to the drinking water distribution system, the City of Port Angeles aggressively inspects and requires testing of back flow devices on an annual basis. In the year 2012 we evaluated 1197 sites with a total of 1792 potential hazards eliminated with backflow devices. We surveyed 107 new sites and added 24 new locations requiring annual inspections and testing to protect the drinking water system. If you have any questions in regards to backflow requirements you may contact me at: 360.417.4886 or e-mail at rbecker @cityofpa.us. Ron Becker Backflow Assembly Tester Cross Connection Control Specialist 2012 CONSUMER CONFIDENCE WATER QUALITY REPORT Process Area Chemical Storage Port Angeles Water Treatment Plant CROSS CONNECTION CONTROL Page 3 Term AL D /DBP HAAB MCL MCLG MF /L MRDL MRDLG Page 4 Definition Water Sampling Definitions Action Level: The concentration of a contami- nant which, if exceeded, triggers treatment or other requirements that a water system must follow. Disinfectant /Disinfection By- Products Haloacetic Acid Maximum Contaminant Level: The highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology. Maximum Contaminant Level Goal: The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety. Million Fibers per Liter Maximum Residual Disinfectant Level: The high- est level of disinfectant allowed in drinking wa- ter. There is convincing evidence that addition of a disinfectant is necessary for control of mi- crobial contaminants. The level of a drinking water disinfectant below which here is no known or expected risk to health. MRDLGs do not reflect the benefit of the use of disinfectants to control microbial con- taminants. Term ND NE oCi /L gom mg /L SRL TOC TTHM ug/L Definition Not Detected Not Evaluated Picocuries per Liter Parts per million, or milligrams per liter (mg/L) State reporting Level Total Organic Carbon Total Trihalomethane Micrograms per Liter "One part per million (PPM) is like: one inch in 16 miles, one second in 11.5 days, one minute in 2 years, or one car stuck in bumper to bumper traffic from Cleveland to San Francisco." (Source: http: /www.nesc.wvu.edu/ndwc /articles /otlfa04 /q &a.pdf) 2012 CONSUMER CONFIDENCE WATER QUALITY REPORT I Sampling Conducted Sample Date Unit MCL MCLG MRDL MRDLG Nitrates at source —Elwha 9/05/12 ppm mg/L Microbiological Contami- Monthly and N/A nants as Needed Monthly Samples (38) Plus 3 New Construction In- vestigative Total Organic Carbons (TOC's) Trihalomethane (TTHM) Haloacetic Acid (HAA5) Lead Copper Fluoride Asbestos Complete Volatile Organic Compounds (VOC's) Complete Inorganic Com- pounds (IOC's) Complete Synthetic Or- ganic Compounds (SOC's) Water Sampling Conducted 1 Sample per Quarter 1 Sample per Quarter 1 Sample per Quarter 9/01/09 6/21/11 6/21/11 ppm NE mg/L 2012 CONSUMER CONFIDENCE WATER QUALITY REPORT 10 SRL 0.15 NO 0.1 mg/L Contami- No Contami- ND NO nant Pre- nant Pre- sent sent NE ug/L 100 100 Avg. De- NO tected 3.3 ug/L 60 NE Avg. De- tected 0.063 9/11 mg/L AL SRL 0.004 NO 0.015 0.002 mg/L mg/L 9/11 mg/L AL SRL 1.19 NO 1.3 mg/L 0.02 mg/L Monthly mg/L 4 2 .85Avg. NO MFL >10 SRL ND NO um 0.132 ug/I Various SRL ND NO 0.5 mg/I Various Variable Below MCL NO 6/21/11 ug/I Various Variable Detected Viola- Major Sources Level tion Runoff, Septic, Fertilizers Naturally present in the environment .23 AVG NO Monthly sampling required for reduced monitoring of D /DBP ND Byproduct of Chlorine Disinfections Process NO Byproduct of Chlorine Disinfections Process From specific plumb- ing in certain year homes From specific plumb- ing in certain year homes Chemical is regu- lated by State Naturally occurring. Transmission mains Fuels and solvents that may enter source water Naturally occurring or manmade non car- bon compounds. Copper, Lead, Iron, etc. NO Synthesized com- pounds such as in- secticides and pesti- cides Page 5 Source water assessment and its availability Water from the Ranney Collector is tested following the guidelines estab- lished by the DOH to detect potential contaminants that could reasonably be expected to be found in drinking water. Because most of the land through which the Elwha River flows is inside the Olympic National Park, there is limited opportunity for human contamination of the water. Contaminants that might be expected in untreated water include: biological contaminants, such as vi- ruses and bacteria; inorganic contami- nants, such as salts and metals; pesti- cides and herbicides; organic chemicals from industrial or petroleum use; and radioactive materials. Why are there contaminants in drinking water? Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some con- taminants. The presence of contami- nants does not necessarily indicate that water poses a health risk. More infor- mation about contaminants and poten- tial health effects can be obtained by calling the EPA's Safe Drinking Water Hotline (800.426.4791). This informa- tion can also be accessed at the EPA's website: htto: /www.eoa.lsov/ safewater /hotline /index.html. The source of drinking water (both tap and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive mate- rial, and can pick up substances result- ing from the presence of animals or from human activity. Contaminants that may be present in source water include: A) Microbial contaminants, such as vi- ruses and bacteria, that may come from sewage treatment plants, septic systems, agricultural livestock opera- tions, and wildlife; B) inorganic contaminants, such as salts and metals, which can be natu- rally occurring or result from urban Page 6 WATER INFORMATION Lake Angeles stormwater runoff, industrial, or domes- tic wastewater discharges, oil and gas production, mining or farming; C) Pesticides and herbicides, which may come from a variety of sources such as agnculture, urban stormwater runoff, and residential uses; D) Organic chemical contaminants, in- cluding synthetic and volatile organic chemicals, are by- products of industrial processes and petroleum production, which can also come from gas stations, urban stormwater runoff, and septic systems; E) Radioactive contaminants, which can be naturally occurring or be the result of oil and gas production and mining ac- tivities. In order to ensure that tap water is safe to drink, the Department of Health and EPA prescribe regulations that limit the amount of certain contaminants in the water provided by public water systems. The Food and Drug Administration (FDA) and the Washington Department of Agri- culture regulations establish limits for contaminants in bottled water that must provide the same protection for public health. Special Precautions Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno- compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV /AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking wa- ter from their health care providers. EPA /Centers for Disease Control (CDC) guidelines on appropriate means to lessen the risk of infection by crypto- sporidium and other microbial con- taminants are available from the Safe Drinking Water Hotline (800.426.4791). Wild Flowers in Grand Valle 2012 CONSUMER CONFIDENCE WATER QUALITY REPORT 1 ate' C nseas lion/ Water Use Efficiency Water conservation measures are an important first step in protecting our water supply. Such measures not only save the supply of our water, but can also cut the cost of water treatment. Here are a few suggestions: INSIDE THE HOUSE: 1) Fix leaking faucets, pipes, toilets. etc. 2) Install water saving devices in faucets, toilets, and appliances. Replace old fixtures with new ones. 3) Wash only full loads of laundry. 4) Do not use the toilet for trash disposal. 5) Soak dishes before washing and run the dishwasher only when full. OUTSIDE THE HOUSE: 1) Water the lawn and garden in the early morning or evening and use mulch around plants and shrubs. 2) Repair leaks in faucets and hoses. Use water saving nozzles. 3) Use water from a bucket to wash your vehicle. Save the hose for rinsing. FOR MORE INFORMATION PLEASE CONTACT: Bob Kajfasz 360.417.4713 Energy and Water Conservation Ernie Klimek 360.417.4855 Water Superintendent City of Port Angeles Conservation Webpage: WATER USE EFFICIENCY Under the provisions of the Water Use Efficiency Program we are required to report to you annually by July 1St our progress in reducing water losses and to share information about our Water Use Efficiency Plan. LEAKAGE INFORMATION For the 12 -month reporting period from January 2012 thru December 2012 Total production from the Elwha Source in Million Gallons: Total Authorized consumption in Million Gallons: Unaccounted for Distribution System Water in Million Gallons: Distribution System Losses as a Percentage: Summary for 2012 In 2012 we realized a distribution loss of 14 This lowers our 3 -yr. loss average (Jan 2010 Dec 2012) to 15.4 from a high of 21% at the start of the reporting cycle. We achieved this reduction by calibrating meters, tracking unaccounted usage (flushing, cleaning, fire consumption), aggressive leak repair (within 24 to 48 hours from reporting), and through the use of utility -owned leak detecting and correlating equipment. Our Automatic Meter Reading and Infrastructure Project (AMR /AMI) continued in 2012. We are replacing the Utility's aging and fail- ing meters with new accurate and automatically readable me- ters thus continuing our efforts to reduce our water losses due to inaccuracies. These efforts will continue into 2014. Also in 2012, our customers used 32 million gallons less water than in 2011, and since 2007 we have seen our per capita con- sumption drop from 129ga1 /capita /day to 104gal /capita /day. We continued our leak education program at fairs and in class- rooms, showed use history through utility billing, and offered conservation devices and rebates to customers through our con- servation programs. Dennis Edgington Water Distribution Lead worker Water Distribution Manager 2 2012 CONSUMER CONFIDENCE WATER QUALITY REPORT e -mail: conservation @cityofpa.us e -mail: eklimek @cityofpa.us http://www.cityofpa.us/pwConsery.htm 846 MG 729 MG 117 MG 14 Page 7 pORT NGELES W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: March 12, 2013 To: Utility Advisory Committee From: Philip Lusk, Deputy Director of Power Telecommunications Systems Subject: Simple Steps Promotion Agreement Summary: The City was offered a new agreement for the "Simple Steps- Smart Savings" energy efficient product promotion with Fluid Market Strategies. All City expenses under the Agreement are eligible for reimbursement under the Bonneville Power Administration's Energy Efficiency Incentive program. Recommendation: Forward a favorable recommendation to City Council to authorize the City Manager to sign the agreement and make minor modifications to the agreement, if necessary, as well as to sign any subsequent amendments to the Simple Steps -Smart Solutions Agreement with Fluid Market Strategies through January 2015. Background /Analysis: Since 2010, the City has participated in the "Simple Steps -Smart Solutions" energy efficient product promotion operated by Fluid Market Strategies (Fluid). Fluid recently offered the City a new agreement with a term through January 2015. City payments to Fluid will be used to markdown prices for CFLs, specialty CFLS, hard -wired light fixtures, and low -flow showerheads at local retailers, which ultimately reduce the cost of products purchased by Port Angeles electric utility customers. City electric utility customers have purchased an estimated 96,000 CFLs through the period ending December 31, 2012. In addition to the current retail markdown program, Fluid will be adding LED lighting product beginning in April 2013. The new agreement is anticipated to result in an additional City payment of up to $40,000 to Fluid. All City expenses under the proposed amendment are eligible for reimbursement under the Bonneville Power Administration's Energy Efficiency Incentive program. The City Attorney has reviewed the proposed Agreement. Staff requests that the Utility Advisory Committee forward a favorable recommendation to City Council to authorize the City Manager to sign the Agreement and make minor modifications to the Agreement, if necessary, as well as to sign any subsequent amendments to the Simple Steps -Smart Solutions Agreement with Fluid Market Strategies through January 2015. N: \UAC\ MEETINGS \UAC2013 \UACO31213 \V -D1 Simple Steps Promotion Agreement doc Fluid Market Strategies 2013 -2014 Master Services Agreement This Services Agreement "Agreement is by and between City of Port Angeles and Fluid Market Strategies, LLC (Contractor) effective as of February 1, 2013. 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 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. 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 (collectively 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. It is anticipated that City of Port Angeles's requests to Contractor for Services will take the following form: (i) Contractor will be asked to submit a written proposal with estimated fee for requested Services, which proposal City of Port Angeles may or may not accept, or (ii) "City of Port Angeles Representative" will contact Contractor from time to time for limited Services for which no written proposal is requested due to the Services' time sensitive nature and short duration. Contractor shall not be authorized to commence any Services on behalf of City of Port Angeles until Contractor and City of Port Angeles have agreed on a scope of work and budget for the specific Services as identified in a jointly agreed upon project order "Project Order provided by either party. 2. Term of Agreement The effective date of this Agreement (Term) is February 1, 2013 and continues in effect until January 31, 2015, 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 Order executed pursuant to this Agreement the method of compensation and cost of services for Services provided pursuant to that specific Project Order. 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. 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 January, 2012 1 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 The Commercial General Liability and Commercial Automobile Liability shall (i) 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 Clallam County Washington. Both parties agree to submit to the personal jurisdiction of any court of competent subject matter jurisdiction in Clallam County Washington. If any part of this agreement is found to be in conflict with applicable laws, such parts shall be January, 2012 2 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. 9. Suspension of Work by City of Port Angeles City of Port Angeles may suspend, in writing, all or a portion of Contractors services under Purchase Order(s) 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 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 January, 2012 3 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. 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 January, 2012 4 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 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. 19. Assignment Neither Party shall assign this Agreement, or any rights under it, or delegate any obligations under it, without first obtaining the written consent of the other Party. Effective Date and Term This Agreement shall be effective immediately upon execution by both parties. City of Port Angeles Fluid Market Strategies, LLC Signature Signature Name Name Date Date January, 2012 5 Project Order -01 EXHIBIT A TO MSA Project Order Title Contractor's Authorized Representative Simple Steps, Smart Savings'' Brian Simmons 503.688.1545 bsimmonsPfluidms.com This Project Order is entered into pursuant to the terms and conditions of the Master Services Agreement between the City of Port Angeles and Fluid Market Strategies "Fluid effective February 1, 2013. Fluid's Objective To implement a successful retail promotion for the Simple Steps, Smart Savings promotion. 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), Up to $2.00 per specialty CFL product (Reflectors, Globes, Candelabras, Torpedoes, 3 way, outdoor lighting), $8.00 per indoor hard -wired lighting fixture, and $7.00 on showerheads (2.0 GPM or less). Administrative fees of $0.50 per unit on general purpose CFLs, $0.25 per unit on specialty CFLs, and $0.35 per unit on showerheads and indoor hard -wired lighting fixtures will be charged. Administrative SUDDOrt 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 data system. 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. R 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 upon request. 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 EXH A 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 Fluid shall be compensated for the Services described above as follows: Please Print Name Signature Title EXH A City of Port Angeles commits to fund the following product(s): (Select all products to include) ENERGY STAR® CFLs Promotional energy- saving showerheads ENERGY STAR® rated indoor hard -wired lighting fixtures And for the product(s) selected above commits to: (Select one funding option) Fund all promotional products sold for the duration of the promotion. Funding of for promotional products selected above. Time of Performance for the Services Commencement Date Completion Date February 1, 2013 January 31, 2014 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 Date Approved by: Fluid Market Strategies Signature Title Date i �O N E r W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: March 12, 2013 To: Utility Advisory Committee From: Phil Lusk, Deputy Director for Power and Telecommunications Systems Subject: CPI Telecommunications Right -Of -Way License Agreement Renewal #2 Summary: The City's license with Capacity Provisioning, Inc. for its telecommunications system within the City expired on September 8, 2012 and needs to be renewed. Recommendation: Forward a favorable recommendation to City Council to authorize the Public Works and Utilities Director to renew the Telecommunications Right -Of -Way License with Capacity Provisioning, Inc. for a five -year term. Background /Analysis: The City's license to Capacity Provisioning, Inc. (CPI) to construct, operate, and maintain a telecommunications system within the City became effective September 24, 2001 and was amended on September 9, 2002. The initial license term was for a five year period and expired September 9, 2007. The first license renewal term was also for five years and expired on September 8, 2012 due to an administrative oversight. In accordance with the City's telecommunications ordinance, CPI requested the license be renewed and provided a report on the number of customers served and the number of network interconnections. CPI will also pay a $500 deposit to offset the City's administrative cost to consider the renewal. Due to the likelihood of technological changes and the expiration of the Institutional Network Services Agreement in 2017, staff does not recommend the term of the renewed Right -of -Way license exceed a five year period. The City Attorney reviewed the proposed renewal. Attachment: Right -Of -Way License Renewal No. 2. N \UAC\ MEETINGS \UAC2013 \UACO31213 \V -EI -CPI ROW License Renewal docx W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: March 12, 2013 To: Utility Advisory Committee From: Byron W. Olson, Chief Financial Officer Phil Lusk, Deputy Director of Power System Telecommunications Subject: Advanced Metering Infrastructure System Project Status Report Summary: The City and Mueller Systems continue to move this project forward. There are two basic project components: 1) Installation of the electric and water meters and their related equipment needed for data collection, and: 2) Integration of the vendor's software with the City's utility billing system. City staff and Mueller Systems have worked diligently to complete the software integration and the meter installation components. City staff and Mueller Systems remain committed to completing a successful Advanced Metering Infrastructure System project. Recommendation: For information only, no action requested. Background /Analysis: The City and Mueller Systems (Mueller) continue to move forward on this project, which has two basic components: 1) Installation of the electric and water meters and their related equipment needed for data collection, and: 2) Integration of the vendor's software with the City's utility billing system. The software integration component of this project is a very large and complex task for both Mueller and the City. City staff, along with other technical experts, has worked with Mueller to finalize these software integration challenges. The City must be assured that both the individual software module, as well as the full software package, is fully compatible with the utility billing system and that it fully meets our contractual specifications. Both Mueller and the City have worked hard at keeping on task, responding back and forth with information requests and the responses that need to be addressed prior to the delivery of a fully working software package from Mueller. A series of critical dates and milestones are set for March 2013 in order for Mueller to deliver the software package for testing by the City and SunGard beginning in April 1 2013. During the week of March 4 Mueller will deliver a key report for City staff to review this Exception Report is created when the Full and Incremental Synchronization files are processed and notes N: \UAC\ MEETINGS \UAC2013 \UACO31213 \VI -A- Advanced Metering Infrastructure Project Status Report docx AMI Project Status Report March 12, 2013 Page 2 any issues discovered when processing the Full and Incremental Synchronization files. Receiving this report will aid in meeting the testing goals slated to occur in April. Approximately 850 electric meters were installed during the AMI project's Phase 1. Since that time, City staff have installed an additional 845 electric meters. A total of 1,322 of the 1,695 installed electric meters (-78 are in the Form 2S category, which is typically used by the City's residential customers. Approximately 850 water meters were also installed during the AMI project's Phase 1. Since that time, City staff have installed an additional 273 water meters. A total of 247 of these installed water meters are in the 1 1/2 and 2" category, which are typically used by the City's residential customers. City staff (Linda Kheriaty, Rick Hostetler, Tracy Rooks, Kathyellen Haney- Finance; Jim Harper IT; Larry Dunbar, Bob Williams, Lisa Hainstock, Ernie Klimek, Mindie Hart- Public Works Utilities) have worked diligently to resolve the issues related to the software integration and the meter installation components. City staff and Mueller remain committed to remain committed to completing a successful Advanced Metering Infrastructure System project. W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: March 12, 2013 To: Utility Advisory Committee From: Phil Lusk, Deputy Director of Power System Telecommunications Subject: New and Lapsed Agreements Summary: A new personal services agreement is required to assist City staff in preparing a proposal for the upcoming Bonneville Power Administration's upcoming Technology Innovation funding opportunity. Further, due to staff oversight, two key personal service agreements expired on December 31, 2012 and each requires a no -cost time extension. Recommendation: For information only, no action requested. Background /Analysis: The Bonneville Power Administration's (BPA) Technology Innovation (TI) Office conducts an annual funding opportunity announcement requesting proposals that advance technologies /capabilities based on agency research guidance and strategic needs identified in the agency's Technology Roadmap and Focus Areas. As announced on March 1, 2013, in fiscal year 2014 the BPA has $3.0 -$3.5 million of funding available for new TI projects. Because the initial concept paper and other required information is due on March 29, 2013, a new personal services agreement is required to assist City staff in preparing two proposals for the BPA TI solicitation. The City has been very successful in applying for previous BPA funding opportunities, and has leveraged an average of $52.00 in new project funding for every dollar spent on similar personal services. The proposed personal services agreement is less than $25,000 and will be executable by the City Manager. Further, due to staff oversight, two key personal services agreements expired on December 31, 2012, and each will require a no -cost time extension. The first personal services agreement is with EES Consulting (EESC) for a component of the residential demand response pilot project. The deliverable is a report that, based on load and survey data, will evaluate the cost effectiveness of DR and the City's electric utility residential customer's acceptance of DR technologies. The second personal services agreement is with the firm Parker LePla, and the deliverable is the customer education component for the City's upcoming Time -of -Use (TOU) rate schedule. The key component will be an outreach campaign to all customer rate classes on how they can take advantage of TOU rates by shifting loads to other time periods. The Conservation Fund is the source of funding for the proposal and the two agreements. N: \UAC\ MEETINGS \UAC2013 \UACO31213 \VI -C -New and Lapsed Agreements docx Philip Lusk From: BPA News, Joel Scruggs [jlscruggs @bpa.gov] Sent: Monday, March 04, 2013 4:53 PM To: Philip Lusk Subject: Wanted: innovators, researchers and partners to advance Northwest energy solutions r�- bpan PR 10 13 BONNEVILLE POWER ADMINISTRATION FOR IMMEDIATE RELEASE Monday, March 4, 2013 CONTACT Joel Scruggs, 503 230 -5511 503 230 -5131 Wanted: innovators, researchers and partners to advance Northwest energy solutions BPA seeking proposals for its 2014 research portfolio Portland, Ore. The Bonneville Power Administration is looking for research partners to help advance the electric industry and develop technologies that improve the operation of the Northwest electric power system. BPA's Technology Innovation Office is accepting proposals for its 2014 research and development portfolio until March 29. BPA collaborates with electric utilities, researchers, universities and technology developers throughout the Northwest and across North America in research that addresses technology gaps and supports agency strategic obiectives. Many of these partnerships focus on initiatives such as advancing energy efficiency technologies and expanding the capability of BPA and other grid operators to balance variable energy resources. Examples include BPA's funding to develop a demand response market for Northwest commercial and industrial customers, to perform reservoir modeling for management of hydropower production, and to study the vulnerability of substation equipment in the event of an earthquake Many other initiatives are afoot with research partners that include the city of Port Angeles, Electric Power and Research Institute, Eugene Water Electric Board, Fraunhofer Research Institute (Germany), Hitachi, Oregon State University, Powin Energy, Primus Power, Puget Sound Energy, Pacific Northwest National Laboratories, Portland State University, Queen's University at Kingston (Canada), University of Illinois at Urbana Champaign, Washington State University, University of Washington and others. BPA's research portfolio is updated annually, and for fiscal year 2014 the agency's focused on investing in projects that advance transmission power flow controls, synchrophasor data intelligence, climate change streamflow models, energy efficiency and demand response. "We're looking for new ideas and approaches that have the potential to advance how we produce, deliver and consume electric power in the Northwest," said Terry Oliver, BPA's chief technology officer 1 BPA's research portfolio includes 51 projects with varying options for success in the near mid- and long -term. These stage gates trigger decisions for continuation, revision or termination, helping ensure each project is on course to accomplish its objectives. The agency also requires a 50 percent cost share with its partners. This robust screening and review process, Administrator Bill Drummond says, ensures BPA is not funding duplicative research and that the right investments are being made. "Our Technology Innovation Office has pioneered a disciplined approach that ensures the agency is making shrewd investments in technology research on behalf of the people of the Northwest," Drummond says BPA uses a two -phase process to select potential research and development opportunities. To share your technology innovation idea for phase one, submit your concept paper along with information about your team's qualifications by 4 p.m. March 29. Those who qualify will be invited to develop their proposal for phase two. BPA expects to fund about $3.5 million of new research next year and will announce the projects selected for the fiscal year 2014 portfolio in July 2013. If you have questions about the submission process or would like to know more about the research topic areas, contact portfolio manager Sheila Bennett at sabennett( boa.aov or 503 230 -3152 BPA is a nonprofit federal agency that markets renewable hydropower from federal Columbia River dams, operates three quarters of high voltage transmission lines in the Northwest and funds one of the largest wildlife protection and restoration programs in the world. BPA and its partners have also saved enough electricity through energy efficiency projects to power four large American cities. For more information, contact us at 503 230 -5131 or visit www.boa.aov. NM Bonneville Power Administration 905 N.E. 11th Avenue, Portland, Oregon 97232 Mailing Address: Media Relations DKPM -7, P.O. Box 3621, Portland, OR 97208 -3621 Phone: 503 230 -5131 Fax. 503 230 -4019 Web: www.boa aov If you would rather not receive future communications from Bonneville Power Administration, let us know by clicking here Bonneville Power Administration, PO Box 3621, Portland, OR 97208 United States 2 W A S H I N G T O N U.S.A. Utility Advisory Committee Memo Date: March 12, 2013 To: Utility Advisory Committee From: Rick Hostetler, Customer Service Manager Subject: 2013 Utility Discount Program Update Summary: Monthly updates are to be reported to the UAC over the management and administration of the 2013 Utility Discount program. Recommendation: For information only, no action requested. Background /Analysis: As of February 28, 2013 the amount of utility discount distributed to low income customers is $10,756.22. This includes one full month of utility billing in February equaling $6,018.32 and a partial billing in January where customers were billed from a December 2012 through a January 2013 billing period resulting in only a partial 2013 discount on their bills. Currently there are: 116 customers receiving a 20% discount where the total household income is between $2500.00 and $3375.00 over a three -month period. 163 customers receiving a 30% discount where the total household income is less than $2500.00 over a three -month period. 88 customers own their home, and 191 rent their home 129 customers pay for only electricity, while 150 customers pay for all utilities. Applications continue to be processed weekly. Customer Service staff consistently communicate the availability of the discount program to customers who find it challenging to pay their utility bill. Currently there are 279 total customers but the numbers continue to grow monthly. There have been a significant number of customers who have challenged the income guidelines and especially the income levels. An example would be Mrs. Nancy Joyce of 1016 S Cherry St. who has paid the largest bill that she has ever received since she signed up for service on February N UAC\ MEETINGS \UAC2013 \UACO31213 \VI -D- Utility Discount Customers Update docx 2013 Utility Discount Program Update March 12, 2013 Page 2 18, 1994. This is a result of no discount on her other services such as wastewater, water, and solid waste. The outcome has been a minimum increase to her bill in the amount of $32.55. She also had an increase in her electricity bill, as she no longer can afford to pay for oil for her furnace. Another example would be Mrs. Liz Stevenson whose email was forwarded to the UAC on February 8, 2013. She has expressed that the income level should change to account for the income and number of members in the household. She is finding it very challenging to pay her utility bill as a result of having no husband, three children, very low income, and medical issues that keep her from working. There is still money available to assist low- income customers from the help agencies. OLYCAP received additional funding, and MANNA and Saint Vincent De Paul continue to assist customers. This winter has been milder than previous winters resulting in a general reduction in electric consumption. This should be considered when accounting for the discount usage. With an $83,000 budget and with the current level of usage, the discount could assist customers for the remainder of 2013.