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HomeMy WebLinkAboutAgenda Packet 10/08/2002 PORT ANGELES, WA E} =TE]BER B, 1:00 P.M. Ar~ENDA Ii. RGL1 P-ALL III. APPROVAL Df MINUTES FOR SEPTEMBER IV. LAte ITEMB a. DIL HANDLING BUILDING DESIGN AGREEMENT - HARPER B. PUD WHOLESALE WATER [~GNTRA{~T - M(~LAIN D. I-NET DARK FIBER PGLiCy - DUNBAR E. WATER/~VASTEWATER RATE STUDY- MI:LAIN F. STATUS RePORTB RAYONIER LEACHATE (I~}UARTERLY) METRGPOLITAN COMMUNICATIONS CONSULTANTB I-NET FAST TRACK vi. NEXT MEETING NOVEMBER 1 2~, 2002 - CDUNGIL r-HAMBERS VII. ADUOURNMENT UTILITY ADVISORY COMMITTEE Port Angeles, Washington September 10, 2002 I. Call to Order: Chairman Bentley called the meeting to order at 3:05 p.m. ,a.~'~ II. Roll Call: Members Present: Chairman Bentley, Councilman Campbell, Councilmember Erickson, Councilmember Rogers, Dean Reed Members Absent: None Staff Present: Glenn Cutler (3:20), Scott McLain, Larry Dunbar, Linda Gunderson, Cate Rinehart Others Present: Brian Gawley (3:55 - Daily News) III. Approval of Minutes: Chairman Bentley asked if there were any additions or corrections to the meeting minutes of August 13, 2002. Dean Reed moved to approve the minutes. Councilmember Erickson seconded the motion, which carried unanimously. IV. Discussion Items: ,4. 1-Net Fast-Track Report Larry Dunbar, Power Resources Manager, gave a general report stating that all agreements had been executed and that the PUD had signed an interlocal agreement. A letter from the Clallam County Board of Commissioners to the City was introduced with requests for consideration on reserving a fiber pair. This item will be addresses at a future UAC meeting. There was a brief discussion. No action taken. Information only. B. Metropolitan Communications Consultants Status Report An informal report was presented on activities during the month of August 2002. No action taken. Information only. C. Preliminary 1Kater/gFastewater Rate Study Scott McLain, Deputy Director of Power Systems, indicated information on this subject would be delayed since the draft report contained too many items which needed updating. 1 UTILITY ADVISORY COMMITTEE September 10, 2002 No action taken. Tabled for future reference. D. Transmission Losses For LG&E (Avista) Power Purchase Scott McLain, Deputy Director of Power Systems, noted the City must purchase power to replace transmission losses on its market power purchase from LG&E. The Bonneville Power Administration has offered an indexed price for losses at the Mid-C heavy load spot market price plus 15%. No other quotes were available. A brief discussion followed during which significant savings of $1,500,000 were disclosed resulting from the original contract with LG&E. Councilman Campbell moved to recommend to City Council to authorize the Director of Public Works and Utilities to sign a confirmation agreement with the Bonneville Power Administration to provide transmission losses for the City's LG&E (Avista) power supply for a one year period starting October 1, 2002. Councilmember Erickson seconded the motion, which carried unanimously. , E. BPA Wholesale Rate Status Scott McLain, Deputy Director of Power Systems, pointed out that although comments are still being taken it appears the new wholesale rate will be 43.12% over base rates which is somewhat less than rates were in October 2001. A breakdown of the load base CRAC, financial base CRAC, and safety net CRAC was explained in detail. A discussion followed. No action taken. Information only. Late Items: Stormwater Councilmember Rogers reported meeting with state officials and briefing them regarding the pro-active stance the citizens of Port Angeles had taken in facing this challenge. A discussion followed with some references made to manual interpretations and definitions. VI. Next Meeting: The next regular meeting will be October 8th. The meeting time has been changed from 3 p.m. to 1 p.m. due to scheduling conflicts. Councilmember Erickson will be absent. VI. Adjournment: The meeting adjourned at 4:20 p.m. 2 UTILITY ADVISORY COMMITTEE September 10, 2002 Allen Bentley, Chairman Cate Rinehart, Administrative Assistant 9/13/02 , N:\PWKS\LIGHTXCONS\CATEXsept 10meel,wpd pORTANGELES WASHINGTON, U.S.A. UTILITY ADVISORY COMMITTEE MEMO DATE: October 8, 2002 To: UTIL1TY ADVISORY COMMITTEE FROM: James L. Harper, Electrical Engineering Manager RE: Agreement for Design Services, Oil Handling and Warehouse Building Summary: One firm, Parametrix, Inc., responded to our request for proposals to design a building to handle PCB contaminated oils and provide additional warehouse space. I Recommendation: Forward a favorable recommendation to City Council to authorize the Mayor to sign an agreement with Parametrix, Inc. to provide engineering/architectural design services for an Oil Handling and Warehouse Building at a cost not to exceed $30,500. Background/Analysis: EPA Regulation 40 CFR Part 761.65 requires any leaking or weeping transformers or drums of liquid be stored under cover and out o£th¢ weather. The City does not have sufficient indoor storage to comply with this order. Noncompliance places the City at risk of fines and citations for violation of federal and state regulations due to improper storage and disposal of hazardous materials. Large oil filled units can be retrofilled and reclassified as non PCB contaminated. The addition of an oil handling/warehouse building will allow the City to capitalize on this option and reduce, if not eliminate, the potential of fines and citations. The 2002 budget includes $60,000 for construction of this project. Requirements for this type of building are more stringent than first anticipated, therefore, the expected cost has increased to approximately $170,000. The 2002 CFP, as proposed, shows this anticipated cost increase, and construction is scheduled for 2003. Staffrecommends we proceed with the design in 2002 with construction to take place in 2003, and that the Mayor be authorized to sign an agreement for the design with Parametrix, Inc. of Sumner, WA in an amount not to exceed $30,500. N:\UAC~FinaI~U ACWARHS. ~pd pORTANGE S W A S H I N G; T O N, U.S.A. LITILITY ADVISORY GOMMITTEE MEMO DATE: October 8, 2002 TO: UTILITY ADVISORY COMMITTEE FROM: Scott McLain, Deputy Director for Power Systems RE: PUD Wholesale Water Contract Summary: The wholesale water contract with Clallam PUD expires at the end of this year. A new contract is being prepared to provide City water to the PUD starting January 1, 2003. Many changes have occurred since the original agreement in 1994. Input and direction is requested from the UAC on new terms and conditions to be included in a new contract offering. Recommendation: Utility Advisory Committee direction and input on the terms and conditions to be included in a new wholesale water contract to be offered to Clallam PUD for service after January 1, 2003. Background/Analysis: The City and Clallam PUD executed a three year contract for the period from August 1994 to August 1997 for wholesale water delivery from the City's water system. Annual amendments to that contract have been executed since that time and the latest amendment will expire at the end of this year. A number of conditions have changed over the years and it is prudent at this time to readdress issues and offer the PUD a new contract. City staffhave reviewed the old contract and have identified the following issues that should be addressed in a new contract. Overall withdrawal and rate of withdrawal need to be reviewed. Require PUD to provide daily flow data to the City on a regular basis. · Allow City to install and maintain SCADA equipment at both interties. We expect to put together a three year, wholesale water supply contract including rates consistent for other utilities outside the City at 150% of rates inside the City limits. We are asking for the Utility Advisory Committee's concurrence on the above approach along with any additional issues members of the committee would like to see included in the contract. N:~WKS~LIG HT~POWM~vl EMOS\UAC pud water contract, wpd · ~£C 2 ~ 19§4 WHOLESALE WATER CONTRACT 'I~3U ~S CO--CT, ~de ~d enter~ ~to by ~d be~n ~e Ci~ OF PORT a m~cip~ co~oration, hcrcin~cr c~ed the "Ci~", ~d the ~LIC ~Y DIS~CT 1 OF CL~L~ CO~, a mu~cip~ co~oratio~ herein~er c~led the "Distfi~"; "WITNESSETH" . Con~ ~d ~e p~ her~o d~e to ~n~ue ~d ~n~a~ relafionsMp ~d to e~end the s~e of Water by the Ci~ to the Distfi~ ~ set fo~h h~reM; ~d ~, ~e Ci~ ~d ~e Di~ r~ ce~ mumm benefits ~om cooperative effo~s in the operation ~d m~ten~ce of the~ resp~five water ~ste~ ~d d~ to cooperate in pl~g for the ~ture supply of their customer; ~d ~, ~ Ci~s po~ is ~ ~e Ci~s p~ objection is to supply wat~ to ~em ~d ~e Ci~ r~dents ~d busMesses ~d t~t ~e Di~fict's purc~e ofCi~ wat~ is subse~ent thereto; NOW, ~FO~, the CiW a~ees to 'deBver ~d seB to the Dis~ ~d the Di~fi~ a~ees to buy ~0m the CiW, wholes~e water under the follo~ng pro~siom: 1. ~tes and Water Usg Li~ts A. The District shMI pay fo~ cents ($0.40) per 100 cubic feet p~ montk berg ~th ~eb~g cycle st~ing Au~st 24, 1994 ~d ending Au~st 23, 1995. ~e DisM~ shall strive to mMntMn ~ average ~thdrawM rate tess th~ four hundred g~ons per ~nute (400 ~m). ~e days when p~ ~thdraw~ may ex~ four hundred g~lons per ~ute (400 gpm) sh~l be ~t~ to sk (6) da~ p~ y~ ~d at no time sh~ the Distfi~ u~ water at a rate ~eater t~ six hundred gallons per minute (600 gpm). B. The City shall have the option to annually adjust the rate for the future billing cycles of August 24, 1995 to August 23, 1996 and August 24, 1996 to August 23, 1997 consistent with its cost of service studies. [The current projections for these two bi/ling cycles are for a and 15% increase over the previous years rate.] C. The District agrees to inform the, City, within twenty-four (24) hours, whenever its withdrawal rate exceeds four hundred gallons per minute (400 gpm). 2. Other Conditions. A. The District agrees to manage its water system to stabilize demand on the City's system. In the event of water supply or capacity problems, the District agrees to develop, in cooperation with the City, and deliver a targeted conservation message to:the affected District customers. B. The District agrees to continue to investigate and develop other feasible sources to supply water to the area serviced by this contract, in accordance with the joint plan for the urban growth a~ea~ This joint plan shall provide for the.District and the City to jointly participate in City water system capital improvement projects of mutual benefit. C. In case of emergency, water shortage, or whenever the public health, safety, or the distribution of water so demands, the City may reduce or limit the time for, or temporarily discontinue, delivery of water to the District. Water delivery may also be temPorarily interrupted for the purposes of making repairs, ex'tension, or doing other necessary work. Before altering the delivery of water to the District, the City will attempt to notify the District, in advance, of any changing, reducing, limiting, or interruption of service. The City, however, shall not be responsible for any damage resulting from interruption, change, or failure of the water supply system. D. The water purchased by the District shall be for the customers of the areas served by said District easterly of the City of Pon Angeles. The District agrees to obtain the prior approval of the City when any one or combination of new customers of the District are projected to increase the District's monthly water usage, which is served by this contract, by two (2) percent over the monthly usage measured as 2.387 million cubic feet; provided that the District's water use shall continue to be governed by the limits set forth in paragraph I above. The City agrees.to inform the District of any significant new customers that request service inside the City withill the area that is serviced by this contract. The City's policy shall be that all new and existing customers inside the City have priority over the District for use of City water and that the City may, at its sole discretion, reduce the delivery of water to the District in order to better supply City customers or may terminate this Contract upon 60 days written notice as set forth in paragraph 4 below. The City reserves the fight to install flow resfficfion devices on the PUD service line to restrict the flow available to a range of 400 gpm to 600 gpm, if the City determines that flow restriction is neceSsary to preserve reliable service for city customers. E. All water supplied under this contract, after it passes the point of delivery at the present service connection at the Gales Addition reservoir, shall be the property of the District. The District shall be responsible for all monitoring and reporting requirements to comply with the Safe Drinking Water Act. F. The City shall not be liable for any loss or damage to any person or property, whatsoever, resulting directly or indirectly from the use by the District or its customers of the water supplied under this con~,ct, and the City shall further not be liable for any interrupt.ions in supply of water to the District or its customers. The District agrees to indemnify the City for, and save it harmless fi.om, all losses or damages which the City may suffer or in~ur by reason of the assertion of any such claim against the City, including ail fees, costs, expenses, and attorney fees incurred in defending against such claims. G. The District agrees to ailow the City to use access roads and the District's bridge across Morse Creek for access to City fa~-ilities. However, the bridge across Morse Creek may be removed ifstructuraliy unsound. The District will maintain three-phase electric lines for potentiai service to the City's Elwha River pump station. H. The District and the City agree to jointly participate in the development ora cooperative water supply plan for the area within the Urban Service Area between the east City Limits and Morse Creek. Each party shall use its best efforts to ensure that such plan shall be completed by August 1, 1995 ..... I. ~The City and the District agree to investigate an additional point of delivery of water to the PUD flora the City water syster~ fi.this additional point of delivery is found through engineering study to be of mutual benefit to both agencies, then the such point of delivery shall be acceptable under this contra~t. The City and the Distri~ shall confa~n th~ engineering nmtual benefits 3. Payment. Billings for services rendered shall be paid by the District monthly, and in the event the District fails to receive a monthly billing, such failure shall not release the District from liability for payment. The billing, payment, and collection of this contract shall be as spe¢i~ed in the City's Utility Accounts Ordinance, Chapter 13.16 of the Port Angeles Municipai Code. The District shall provide the monthly meter readings to the City for billing purposes. -4- 4. T~rmination. This contract shal] terminate three (3) years after signature by the City below or upon 60 days written notice by either party, whichever is earlier. DATED this ~-~ day of '~. ,:,.r'~,.t ,> ,,t ,.. , 199~_. CITY OF PORT ANGELES PUBLIC UTILITY DISTRICT NO. 1 OF CLAI.! .AM COUNTY J~. Sargent, Mayor (J President ATTEST: ATTEST: / B~cky Upt6de C~"t~, clerk/ -- S~re~ APPROVED AS TO FORM: Craig D. Kllutsor~, City Attorney PI. JDRAT'~94 fm~l.asm AMENDMENT TO WHOLESALE WATER CONTP~ACT This amendment to the Wholesale Water Contract dated January 9, 1995 is made and entered into by and between the City of Port Angeles, a municipal corporation, hereinafter called the '~City", and the Public Utility District No. 1 of Clallam County, a municipal corporation, hereinafter called the "District." Whereas, the City and the District are parties to a wholesale water contract, which is in effect until January 9, 1998; and Whereas, the City and the District have entered into a separate intergovernmental memorandum of understanding, in which they have agreed to investigate opportunities for cooperative and coordinated local area utility planning and operation; and Whereas, the City and the District have agreed to extend the wholesale water contract for eight months through August, 1998; Now, Therefore, the City and the District hereby agree that the Wholesale Water Contract dated January 9, 1995 shall be amended as follows: 1. Paragraph 1. Rates and Water Use Limits is hereby amended to read as follows: A. The District shall pay fort} ......~ ,~.~,'~ ~' sixty-seven_ cents (S0.67) per 100 cubic feet per month, beginning with the billing cycle starting August 24, 199%7 and ending August 23, 199~8 at the Gales Addition Reservoir. The District shall pay sixty-four cents ($0.64) per 100 cubic feet. beginning with the billing cycle star~in~ Au_crust 24. 1997 and ending August 23. 1998 for lower zone purchases at DelGuzzi Drive. The District shall strive to maintain an average withdrawal rate less than four hundred gallons per minute (400 gpm). The days when peak withdrawal may exceed four hundred gallons per minute (400 gpm) shall be limited to six (6) days per year and at no time shall the District use water at a rate greater than six hundred gallons per minute (600 gpm). B. The City shall have the option to annually adjust the rate for the future billing cycles of August 24, 1995 to August 23, 1996 and August 24, 1996 to August 23, 1997 consistent with its cost of service studies. [The current projects for these two billing cycles are for a 20% and 15% increase over the previous year's rate.] C. The District agrees to inform the City, within twenty-four (24) hours, whenever its withdrawal rate exceeds four hundred gallons per minute (400 gpm). 2. Paragraph 2. r ' ' is hereby amended by adding the following conditions: J. The City shall provide an interconnection north of Highway 101 opposite DelGuzzi Drive, K. The District shall provide, subject to successful pressure testing, a meter installation along Baker Street north of Highway 4. Paragraph 4. ~ is hereby amended to read as follows: This shall inate contract terra ~; ~c~ on August 23. 1998 or upon 60 days written notice by either party, whichever is earlier. DATED this /~-~ day of August, 1997. PUBLIC UTILITY DISTRICT NO:. 1 ~/~Y Q~ P~GELES OF CLALLAM COIINTY ~spe~ Ostroski, Mayor President ATTEST: ATTEST:~ APPROVED AS TO FORM: Craig D~Knutson, City Attorney AMENDMENT TO t~! ~,~.. WHOLESALE WATER CONTRACT This amendment to the Wholesale Water Contract dated January 9, 1995, is made and entered into by and between the City of Port Angeles, a municipal corporation, hereinafter called the "City", and the Public Utility District No. I of Clallam County, a municipal corporation, hereinafter called the "District." Whereas, the City and the District are parties to a wholesale water contract, which was originally in effect until January 9, 1998; and Whereas, the City and the District have entered into a separate intergovernmental memorandum of understanding, in which they have agreed to investigate opportunities for cooperative and coordinated local area utility planning and operation; and Whereas, the City and the District have agreed to extend the wholesale water contract through August, 1999; Now, Therefore, the City and the District hereby agree that the Wholesale Water Contract dated January 9, 1995, shall be amended as follows: 1. Paragraph 1. Rates and Water Use Limil,~ is hereby amended to read as follows: A. The District shall pay seventy-one cents ($0.71) per 100 cubic feet per month, beginning with the billing cycle starting August 24, 1998, and ending August 23, 1999, at the Gales Addition Reservoir. The District shall strive to maintain an average withdrawal rate less than four hundred gallons per minute (400 gpm). The days when peak withdrawal may exceed four hundred gallons per minute (400 gpm) shall be limited to six (6) days per year and at no time shall the District use water at a rate greater than six hundred gallons per minute (600 gpm). B. The District shall pay sixty-eight cents ($0.68) per 100 cubic feet, beginning with the billing cycle starting August 24, 1998 and ending August 23, 1999 for lower zone purchases at Baker Street. C. The District agrees to inform the City, within twenty-four (24) hours, whenever its withdrawal rate at Gales Addition exceeds four hundred gallons per minute (400 gpm). D. The City shall have the option to annually adjust the rate for the future billing cycles consistent with its cost of service studies. 2. Paragraph 2. Other Conditions, paragraphs J and K are hereby amended to read as follows: J. The City has provided an interconnection north of Highway 101 opposite DelGuzzi Drive. K. The District has provided a meter installation along Baker Street north of Highway 101. 3. Paragraph 4. Termination is hereby amended to read as follows: This contract shall terminate on August 23, 1999, or upon 60 days written notice by either party, whichever is earlier. DATED this e4~g,- day of August, 1998. PUBLIC UTILITY DISTPdCT NO. 1 CITY OF PORT ANGELES OF CLALLAM COUNTY Garyc~raun, l~la~or- ) Pi-esident B~ky 0p~on(~Cit~Cle~k- l- -- -- Secret APPROVED AS TO FORM: Craig D. Kdutson, City Attorney 2 AMENDMENT TO WHOLESALE WATER CONTRACT This amendment to the Wholesale Water Contract dated January 9, 1995, is made and entered into by and between the City of Port Angeles, a municipal corporation, hereinafter called the "City", and the Public Utility District No. I of Clallam County, a municipal corporation, hereinafter called the "District." Whereas, the City and the District are parties to a wholesale water contraot, which was originally in effect until January 9, 1998, and was subsequently extended by a contract amendment to August 23, 1999; and Whereas, the City and the District have agreed to extend the wholesale water contract through December 31, 1999; Now, Therefore, the City and the District hereby agree that the Wholesale Water Contract dated January 9, 1995, shall be amended as follows: 1. Paragraph 4. Termination is hereby amended to read as follows: This contract shall terminate on December 31, 1999, or upon 60 days written notice by either party, whichever is earlier. DATED this 10:{J~ day of April, 1999. PUBLIC UTILITY DISTRICT NO. 1 CITY OF PORT ANGELES OF CLALLAM COUNTY Gary l~raun, ~yo~ Presiden~ ATTEST: ATTEST: B~ky Upt0t~ Cit~ Clerk 1- -- Secretary APPR~}SZED AS TO FORM: Craig D. Kq~son, City Attorney AMENDMENT TO WHOLESALE WATER CONTRACT This amendment to the Wholesale Water Contract dated January 9, 1995, is made and entered into by and between the City of Port Angeles, a municipal corporation, hereinafter called the "City", and the Public Utility District No. I of Clallam County, a municipal corporation, hereinafter called the Whereas, the City and the District are parties to a wholesale water contract, which as last amended was in effect until December 31, 1999; and Whereas, the City and the District have entered into a separate intergovernmental memorandum of understanding, in which they have agreed to investigate opportunities for cooperative and coordinated local area utility planning and operation; and Whereas, the City and the District have agreed to extend the wholesale water contract through December 31, 2000; Now, Therefore, the City and the District hereby agree that the Wholesale Water Contract dated January 9, 1995, shall be amended as follows: 1. Paragraph 1. Rates and Water Use Limits is hereby amended to read as follows: A. The District shall pay seventy-seven cents ($0.77) per :100 cubic feet, beginning with the billing cycle starting Dece.m. ber 24, 1999, and ending December 23,1 2000, at:the Gales Addition Reservoir~ The City has set the withdrawal rate at 500 gpm (+ 10 gpm) through the me~r at the Reservoir. No adjustmeiats or changes to the existing configuration can be made without amendment to this eontra~ except that if the meter requires servicing and is taken off-line by the City for a period not to exceed 30 days, the billing shall be pro-rated. B. The District shall pay seventy-three cents ($0.73) per 100 cubic feet, be~nning with the bitling cycle starting December 24, 1999 and ending December 23, 2000 for lower zone purchases at Baker Street. C. The City shall have the option to annually adjust the rate for the future billing cycles consistent with its cost of service studies. 2. Paragraph 2. Other Conditions, paragraphs J and K are hereby amended to read as follows: J. The City has provided an interconnection north of Highway 101 opposite DelGuzzi Drive. K. The District has provided a meter installation along Baker Street north of Highway 101. 3. Paragraph 4. Terminatiorl is hereby amended to read as follows: This contract shall terminate on December 31, 2000, or upon 60 days written notice by either party, whichever is earlien CI~ OF PORT ~GELES OF CL~L~ CO~TY NO. 1 AT'ST: AT.T: Bec~ Upt~ Ci~ler~ ~ .... ~ecre~ ~D,AS TO FO~: C ~g D. ~u~so~ City AHorn~ 2 FIFTH AMENDMENT TO WHOLESALE WATER CONTRACT This amendment to the Wholesale Water Contract dated January 9, 1995, is made and entered into by and between the City of Port Angeles, a municipal corporation, hereinafter called the "City", and the Public Utility District No. 1 of Clallam County, a municipal corporation, hereinafter called the "District." Whereas, the City and the District are parties to a wholesale water contract, which as last amended is in effect until December 3 l, 2000; and Whereas, the City and the District have agreed to increase the wholesale water rates and to extend the wholesale water contract through December 31, 2001; Now, Therefore, the City and the District hereby agree that the Wholesale Water Contract dated January 9, 1995, shall be amended as follows: 1. Paragraph 1. Rates and Water Use Limits is hereby amended to read aa follows: A. The District shall pay eighty-three cents ($0.83) per 100 cubic feet, beginning with the billing cycle starting December 24, 2000, and ending December 23, 2001, at the Gales Addition Reservoir. Th~ City has set the maximum withdrawal rate at 500 gpm ~ 10 gpm) through thc meter at the Reservoir. No adjustments or changes to the existing withdrawal rate can be made without approval of the City's Public Works Director. If the meter requires servicing and is taken off-line by the City the billing shall be pro-rated or computed B. The District shall pay seventy-nine cents ($0.79) per 100 cubic feet, beginning with the billing cycle starting December 24, 2000 and ending December 23, 2001 for lower zone purchases at Baker Street. : C. The City shall have the option to annually adjust thc rate for the future billing cyclcs consistent with its cost of service studies. 2. Paragraph 4. T~rmination is hereby amended to read as follows: This contract shall terminate on December 31, 2001, or upon 60 days written notice by either party, whichever is earlier. DATED this a~ }~d- day of ~~.,~, c~.De~y~ PUBLIC UTILITY DISTRICT NO. 1 ~.~YA.~GE~E'S'~ OF CLALLAM COUNTY ATTEST: ATTEST: Beck~ ]. Ul~n{'.~ity dert~ - -- ~ S~cretary APPRC~D AS TO FORM: y ~' ~ ~ ' F:~AGP, EEMENTS&CONTRACTS~PUD-WATER.CON.wpd Craig D. Kn~on, ~'l~ty Attorney November 16, 2000 ($:47ara) SIXTH AMENDMENT TO WHOLESALE WATER CONTRACT This amendment to the Wholesale Water Contract dated January 9, 1995, is made and entered into by and between the City of Port Angeles, a municipal corporation, hereinafter called the "City", and the Public Utility District No. 1 of Clallam County, a municipal corporation, hereinafter called the "District." Whereas, the City and the District are parties to a wholesale water contract, which as last amended is in effect until December 31, 2001; and Whereas, the City and the District have agreed to increase the wholesale water rates and to extend the wholesale water contract through December 31, 2002; Now, Therefore, the City and the District hereby agree that the Wholesale Water Contract dated January 9, 1995, shall be amended as follows: 1. Paragraph 1. Rates and Water Use Limits is hereby amended to read as follows: A. The District shall pay eighty-nine cents ($0.89) per 100 cubic feet, beginning with the billing cycle starting December 27, 2001, and ending December 26, 2002, at the Gales Addition Reservoir. The City has set the maximum withdrawal rate at 500 gpm ~ 10 gpm) through the meter at the Reservoir. No adjustments or changes to the existing withdrawal rate can be made without approval of the City's Director of Public Works and Utilities. If the meter requires servicing and is taken off-line by the City the billing shall be pro-rated or computed. B. The District shall pay eighty-five cents ($0.85) per 100 cubic feet, beginning with the billing cycle starting December 27, 2001 and ending December 26, 2002 for lower zone purchases at Baker Street. C. The City shall have the option to annually adjust the rate for the future billing cycles consistent with its cost of service studies. 2. Paragraph 4. Termination is hereby amended to read as folloWS: This contract shall terminate on December 31, 2002, or upon 60 days written notice by either party, whichever is earlier. . DATED this ~,_~ day of~, _~. CITY OF PORT ANGELES ~ PUBLIC UTILITY DISTRI~ZT NO. 1 Doy ayo v Pres, ATTEST: A~~ APPRI~/ED AS TO FORM: , ~raig D. Kn"~tson~ City Aitor~y - November 15, 2001 (2:14pm) WASHINGTON, U.S.A. UTILITY ADVISORY COMMITTEE MEMO DATE: October 8, 2002 TO: UTILITY ADVISORY COMMITTEE FROM: Larry Dunbar, Power Resources Manager RE: Telecommunications Grant Program Applications Summary: Telecommunications grant opportunities provide an opportunity to aid, develop and enhance telecommunications resources within the community in cooperation with public and private partners. Due to the competitive nature of the programs, the City may need to apply several times before it succeeds at obtaining funding. Recommendation: Recommend to City Council that staff prepare and submit grant applications under the Community-Oriented Connectivity Broadband Pilot Program, Public Telecommunications Facilities Program and Technology Opportunity Program. Background/Analysis: The Farm Security and Rural Investment Act of 2002, signed by President Bush on May 13, 2002, includes funding for rural broadband deployment. The United States Department of Agriculture's Rural Utilities Service recently developed a grant pilot program including the application guide and necessary forms. The pilot is called the Community-Oriented Connectivity Broadband Program. Local government applicants will be competing nationally for funding for broadband transmission services on a "community-oriented connectivity" basis. The one year pilot program offers a means for the deployment of broadband transmission services to rural schools, libraries, education centers, health care providers, law enforcement agencies, public safety organizations as well as residents and businesses. The pilot program is designed to provide financial assistance to furnish broadband services that do not currently exist. Grant funds may be utilized to deploy broadband transmission services (downstream and upstream rates equivalent to at least 200 kilobits per second) to rural residents, rural businesses and to equip and operate a facility that provides free access to broadband Intemet access services to community residents for at least two years. Grants are available to communities of up to 20,000 citizens to ensure rural consumers enjoy the same quality and range of telecommunications services as are available in urban and suburban communities. Although the City meets the program eligibility criteria, the program targets very small and economically-devastated communities. Applications for grants under this program will be accepted through November 5, 2002. N:\UAC~FinaBmsgrantapplication.wpd Community-Oriented Connectivity Broadband Grant Program Application Page 2 October 10, 2002 There are three official scoring categories that will be used under the Community-Oriented Connectivity Broadband Pilot Program. The official scoring categories include: the rurality of the community served by the project (City receives five out of 40 points); the economic need of the project's service area as determined by per capita income by County (City receives zero out of 30 points); and the benefits derived from the proposed service area (up to 30 points available). The first two categories are objective criteria and the City's score is known. The third category is scored subjectively based on the City's application demonstrating the need for services, benefits derived from the services proposed, and local community involvement in planning and implementation of the project. Based on the program scoring roles the City's application would receive a maximum of 35 out of 100. Staff discussed the maximum score the City's application would receive with the pilot program manager and was neither encouraged or discouraged from submitting an application. There are two other upcoming grant application opportunities through the United States Department of Commerce National Telecommunications and Information Administration. A grant application under the Public Telecommunications Facilities Program is anticipated to be due in February 0£2003. A grant application under the Technology Opportunity Program is anticipated to be due in March of 2003. Staff is not aware of any other telecommunications grant opportunities directly applicable to local governments. Staff is requesting guidance on the following potential grant project proposal ideas including (not in order of priority): 1. Expansions of the Northland Cable Television, Inc. cable modem system by installation of necessary equipment to allow two-way broadband Intemet access (downstream and upstream rates equivalent to at least 200 kilobits per second) including all expenses incurred in providing the service throughout the City for two years. 2. Purchase and installation of mobile data terminals in vehicles and wireless communications services for the City's police and fire department including all expenses incurred in providing the service for two years. 3. Expansion of the Capacity Provisioning, Inc. institutional network distribution fiber optic cabling (from Northland's backbone nodes to businesses and public institutions) and broadband Internet access (downstream and upstream rates equivalent to at least 1 megabit per second) including all expenses incurred in providing the service for two years. 4. Acquisition of computers and broadband Intemet access (downstream and upstream rates equivalent to at least 1 megabit per second) for a technology center accessible to area residents and businesses at the Senior Center, North Olympic Regional Library, Port Angeles High School, and Business Incubator including all expenses incurred in providing the service for two years. 5. Equipping the Council Chambers with a video teleconferencing and cable television cablecasting system including all expenses incurred in providing the services for two years. pO TANCELES WASHINGTON, U.S.A. UTILITY aDVISORY COMMITTEE MEMO DATE: October 8, 2002 TO: UTILITY ADVISORY COMMITTEE FROM: Larry Dunbar, Power Resources Manager RE: Proposed Institutional Network Dark Fiber Use Policy Summary: The City will have exclusive rights under the Cable Television Franchise Ordinance No. 3116 (Franchise) with Northland Cable Television, Inc. (Northland) to use 24 dark fibers ~ within the Institutional Network (I-Net) backbone for non-commercial purposes no later than April 27, 2004. The City needs to establish a policy for use of I-Net backbone dark fibers. Recommendation: Forward a recommendation to City Council to establish policy for use of I-Net backbone dark fibers including: 1. Backbone dark fibers under the City's exclusive rights should only be available on a wholesale basis to Capacity Provisioning, Inc. or Northland but not to end users in accordance with the Franchise. Staff will return to the UAC on or before December 31, 2003 for guidance in reference to wholesale availability of unassigned City dark fibers to a future commercial service provider. 2. If Northland does not utilize its reserve dark fibers by April 27, 2006 for purposes other than cable services, staff will return to the UAe to consider City or third party use of I-Net backbone reserve fibers in accordance with the Franchise. 3. Initiate a mutually acceptable amendment to the I-Net Services Agreement with C.P.I. for the UAC's and City Council's consideration by January 1, 2003 to allow ' C.P.I. to provide retail use of the City's backbone dark fibers and C.P.I. site drop dark fibers for wide area networks for institutional users only. 4. Initiate a mutually acceptable amendment to the Franchise and/or Fiber Optic Wide Area Network Use Agreement with Northland for the UAC's and City Council's consideration by January 1, 2003 to allow Northland to use reserve fibers for private wide area networks without restrictions related to bandwidth being available by a commercial service provider that uses the reserve fibers. Background/Analysis: The I-Net backbone dark fibers are a low cost/high value resource of limited supply. The City, Northland and C.P.I. have negotiated agreements in good faith based on all parties being dependent on each other and not competing against one another. If the City were to directly provide wholesale I-Net backbone dark fibers to institutions for non-commercial purposes, which is allowable, the City would be competing with C.P.I. and Northland for retail services. Depending on end user redundancy needs, last mile costs, equipment costs, security needs, and other considerations, use of dark fibers for private wide area networks could be a desirable retail service under the I-Net Services Agreement. N:\UAC~inalhceviseddarkffoerpolic y.w~l Proposed Institutional Network Dark Fiber Use Policy Page 2 October 10, 2002 An amendment to the I-Net Services Agreement with C.P.I. to allow I-Net backbone dark fibers and last mile dark fibers on a retail basis is required. The amendment is necessary because the Agreement does not expressly provide for retailing of dark fibers. As part of negotiation of the amendment staffrecommends: that retail pricing is based on competitive market conditions; that retail pricing includes City wholesale costs and a reasonable markup of wholesale costs by C.P.I; that retail pricing include negotiation of an I-Net growth discount payable by C.P.I. to the City, and that the allowable duration of retail backbone dark fiber use by an end user is limited to one year, unless approved in advance by the City. Northland agreed to invest in twelve reserve fibers under the Franchise, recognizing the potential revenues that may be available through leasing of dark fibers to others. The Franchise allows Northland to provide reserve dark fibers to service providers for commercial purposes or to institutions and businesses for private wide area networks. Section 8.5.1(2) of the Franchise authorizes Northland to use no more than eight of its 12 reserve fibers for private wide area networks until such time as bandwidth is available from a commercial service provider using the reserve fibers. Although it was acceptable to Northland when the Franchise was negotiated, staff recommends that Section 8.5.1(2) of the Franchise and/or the Fiber Optic Wide Area Network Use Agreement be amended to create a level playing field for Northland. An illustration of the I-Net's allowed purposes and City fights and assignments is presented below. NORTHLAND BACKBONE DARK FIBER,~ CITY RIGHTS TO INSTITUTIONAL NE'ID~VORK BACKBONE DARK FIBERS WAN USE FRANCHISE RESERVE CITY RIGHTS ASSIGNED I CITY RIGHTS ASSIGNED I CITY AU31ILIARy ALLOWED PURPOSE AGREEMENT FIBERS ~ 'q ~ USE OF CITY I-NET BACKBONE DARK FIBERS FOR ~- ~ o ~ ~-- CAPACITY ~ < < pORTANGELES WASHINGTON, U.S.A. UTilitY aDVISORY COMMITTEE MEMO DATE: October 8, 2002 TO: UTILITY ADVISORY COMMITTEE FROM: Scott McLain, Deputy Director for Power Systems RE: Water/Wastewater Rate Study Summary: Economic and Engineering Services (EES) and City staffhave recently completed an analysis of the Water and Wastewater utility rates. A similar study was completed in 1999 with rate adjustments implemented during the past three years. The results of the study will be presented at the UAC meeting along with recommended changes to the rates. Recommendation: Forward a favorable recommendation to City Council to approve recommended changes to water rates of 4%o in 2003, 4% in 2004, and 3% in 2005 and no changes to the wastewater rates during the three year rate period. Background/Analysis: The City contracted with Economic and Engineering Services during 2002 to assist staffwith an analysis of rates for both the Water and Wastewater utilities. This analysis looks at revenue requirements and revenues over a six year period. Capital construction projects are also reviewed and a financial recommendation is produced that will maintain the solvency of the fund. The water and wastewater utilities currently use a combined fund. This study analyses each utility as if it were a stand alone utility. Three options were explored to determine the best financial package to recommend to UAC and Council. Option one included no debt financing and no rate increases and resulted in total depletion of reserve funds by 2005 with rather large rate increases required at that time. Option two was a combination of no debt financing and increase rates to the level necessary to maintain minimum reserve levels. This option resulted in rate increases in the range of 40% after reserve levels are depleted in year one. Option three uses a combination of debt financing (bond issue), use of reserves in the amount of $2,100,000 and small rate increases to maintain the solvency of the fund over time and is the recommended option of staff and EES. The bond issue would finance capital projects over the three year period for projects that will be in service for a long time. The bond issue would cover about $2,700,000 in water projects and $1,100,000 in wastewater projects. Rate increases under this scenario could be kept to 4% in the first and second year and 3% in the third year for the water utility and no rate increases for the wastewater utility during the three year period. Water/Wastewater Rate Study Page 2 October 8, 2002 Major changes since the last rate study include increased O&M, mainly attributable to increases in insurance, utilities, and repair and maintenance. Many capital projects that were projected for the last rate study have been pushed into this rate period along with a projected bond issue during that time. This has resulted in the combined fund balance growing over the past three years but more capital projects being pushed into this rate period. The growth of the reserve balance over the previous rate period allows us to use $2,100,000 from reserves and still maintain an adequate fund balance after 2005. The changes to the rates for water are projected to change only the consumption rate, with no change to the basic charge. Current charges for a residential customer are $13.40 basic charge and $1.07 per hundred cubic feet (750 gallons). Typical monthly bill for 1000 cubic feet is $24.10. N:~WKSkLIGHTXPOWMkMEMOS\UAC water wastewater 100802.wpd p~J~A!I~O SUOIle9 pon-ANC [ s WASHINGTON, U.S.A. UTILITY aDVISORY COMMITTEE MEMO DATE: October 8, 2002 TO: UTILITY ADVISORY COMMITTEE FROM: Larry Dunbar, Power Resources Manager RE: Institutional Network Construction Status Report Summary: This is an informational report on Northland Cable Television, Inc. (Northland) and Capacity Provisioning, Inc. (C.P.I.) Institutional Network construction activities since the September UAC meeting. Recommendation: Information only, no action required. Below is a summary o£Northland's activities since the last UAC meeting: 1. On 9/26/2002, Northland accepted the easement agreement for placement of node enclosures on City property. 2. On 9/30/2002, Northland provided Change Order Request 1 for node enclosure uninterruptible power supply and alarm systems (not accepted). 3. On 10/1/2002, Northland advised staffthat the node enclosures are backordered until 10/18/2002, that the largest fiber optic cable reel received was damaged and that an acceptable substitute would be promptly shipped and delivered. ~r The fiber link and node construction is scheduled for completion on 10/21/2002. Below is a summary of C.P.I.'s activities since the last UAC meeting: 1. On 9/6/2002, C.P.I. provided site plans and material specifications for staff review and approval. 2. On 9/13/2002, staff approved most of C.P.I.'s site plans and material specifications. 3. On 9/17/2002, C.P.I. satisfied all due diligence requirements. 4. On 9/23/2002, C.P.I. provided revised plans for remaining sites for staff review and approval. 5. On 9/25/2002, C.P.I. provided Change Order Request A to add 3 and delete 4 City site drops for a cost decrease of $6,637.89 (under consideration). 6. On 9/27/2002, staff approved most of the remaining site plans. 7. On 10/2/2002, C.P.I. provided the few remaining revised site plans for staffreview and approval including 3 alternate site drops. Change Order Request B was received that included additional scope of work and charges for customer provided paths for a cost increase of $9,813.00 (under consideration). Staff provided Change Order Request C to C.P.I. for node enclosure uninterruptible power supply and alarm systems. The site drops and node equipment are scheduled for completion on November 11, 2002 and November 25, 2002 respectively. pORTANGE S W A S H I N G; T O N, LI. $. A. IJTILITY.a. DVI$ORY GOMMITTEE MEMO DATE: October 8, 2002 TO: UTILITY ADVISORY COMMITTEE FROM: Larry Dunbar, Power Resources Manager RE: Institutional Network Implementation Consulting Services - Monthly Status Report Summary: This is an informational report on Metropolitan Communications Consultants activities during the month of September 2002. The advisory services include support with the I- Net fast-track and during construction of the I-Net backbone. Recommendation: Information only, no action required. I-Net Fast-Track Advisor' Services ($20,000 authorized time & materials budget) Task August Activity Prior Current Total Project Management Support Plans and specifications $3,022.50 $3,455.00 $6,477.50 Agreement review, termination Development connector memo, Change $4,972.50 $27.50 $5,000.00 Orders A & B Service Agreement Negotiation $4,972.50 $27.50 $5,000.00 Expenses $83.58 $0.00 $83.58 I-Net Backbone Construction Advisory Services ($25,000 authorized lump sum budget) Task August Activity Prior Current Total Project Management Support and representation Support on technical matters $1,700.00 $1,700.00 $3,400.00 Plans & Specifications Fiber material product Review substitution $1,800.00 $100.00 $1,900.00 Construction Phase Engineering $500.00 $500.00 Testing Observation Final Inspection Total Budget $45,000.00 Totals $17,051.08 $5,310.00 $22,361.08 Memo To: Larry Dunbar, Power Resources Manager From: Pete Grigorieff, Regional Manager CC: Jack Dyste, Vice President/Technical Services Date: 10/4/02 Re: Proposed I - Net Dark Fiber Use Policy In regards to our meeting on Monday September 30, 2002 I would like to endorse your Proposed I-Net dark fiber policy recommendation to the Utility Advisory Committee. Northland will have a substantial investment in the I-Net back bone and we anticipate marketing and leasing our reserve fibers in order to recover and realize a return on our investment. We have negotiated our current franchise in good faith, based on the City and Northland working together to provide an I-Net fiber infrastructure that we could mutually benefit from. As part of your proposed policy, we may request an amendment to the current WAN agreement which would allow Northland to provide private wide area networks after bandwidth is commercial available using our reserve fibers. If the amendment to the agreement with Capacity Provisioning is made to allow retail use of I-Net backbone dark fibers, then we will want an amendment to the WAN agreement creating a level playing field for Northland. Thank you for consideration of this matter. 35 ~ 35  ~ 30 ~ ~ ~ ~ 29 ~ ~ 27 26 ~ ~ 26 24 ~ ~ ~ ~ 24 23 ~ ~ ~ ~ 23  ~ 22 22 ~ ~  ~ 20 ~ ~ ~ 19 ~ ~ 18 ~ ~ 17 ~ 14  II I1 lO CITY FIRST RIGHT OF REFUSAL ASSIGNED TO CAPACITY PROVISIONING CITY RIGHTS ASSIGNED TO CAPACITY PROVISIONING (I-NET SERVICES AGREEMENT) o ~ ~ ~ ° ~ ° s.. 0 §ooooooooo~ ~oooooo~ ~0 §ooooooooo~oooooo~o ~ 'ID; ooooooo~oo ~ ~oooooo o m · m ,, m · [] · m 0 0 0 0 0 0 0 0 0 0 0 ~ $ · · mm ·