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Agenda Packet 04/14/2015
Utility Advisory Committee Jack Pittis Conference Room Port Angeles, WA 98362 April 14, 2015 @ 3:00 p.m. AGENDA L Call To Order IL Roll Call III. Approval Of Minutes For March 10, 2015 IV. Late Items V. Discussion Items: A. Simple Steps Agreement B. Professional Services Agreement with Herrera Environmental—NPDES Code and Standards Update C. Ethics Training VI. Information Only Items: A. 2016 Capital Facilities Plan VII. Next Meeting Date: May 12, 2015 VIII. Adjournment N:AUAC\MEETINGS\UAC2015\UAC041415\031015 Agenda.docx Utility Advisory Committee Jack Pittis Conference Rooms Port Angeles,WA 98362 March 10,2015 3:00 p.m. L Call To Order Chairman Lynn Bedford called the meeting to order at 3:00 p.m. It. Roll Call UAC Assigned Councilmembers Present: Lee Whetham,Brad Collins, Sissi Bruch(3:02) Other Councilmembers Absent: Dan DiGuilio, Cherie Kidd,Dan Gase,Patrick Downie UAC Members Present: Lynn Bedford,Rob Feller,Betsy Wharton UAC Members Absent: John Leclerc Staff Present: Craig Fulton,Phil Lusk, Sondya Wray, Gregg King,Kathryn Neal, Bill Bloor,Jeff Bender(3:04) Others Present: 2 Citizens Paul Gottlieb—Peninsula Daily News III. Approval Of Minutes Chairman Lynn Bedford asked if there were any corrections to the minutes of February 10,2015. Sissi Bruch moved to approve the minutes. Lee Whetham seconded the motion,while Betsy Wharton abstained. IV. Late Items: V. Discussion Items: A. Water System Plan Professional Services Agreement Kathryn Neal, Engineering Manager,reviewed the Water System Plan update. The current plan was approved by the Washington State Department of Health in October of 2010 and will be expiring on October 5, 2016. An updated plan needs to be in place at least every six years to maintain compliance with the Washington Administrative Code. There was a lengthy discussion. Lee Whetham moved to recommend City Council to approve and authorize the City Manager to sign a professional service agreement with C112M Hill Engineers,Inc.,for a Water System Plan update in an amount not to exceed$150,000, and to make minor modifications to the agreement,if necessary. Sissi Bruch seconded the motion,while Betsy Wharton opposed. VI. Information Only Item A. Water Shortage Response(verbal report only) Information only. No action taken. B. Water Quality Consumer Confidence Report(verbal report only) Information only. No action taken. C. Morse Creek Appraisal Update(verbal report only) Information only. No action taken. VII. Next Meeting Dates: April 14,2014 VIII. Adjournment: 4:30 p.m. Dan DiGuilio, Mayor Sondya Wray,Administrative Specialist II • �M/' RT / NGELES ` WAS H [ N G T O N, U. S. A. W u ,::::::: I'll d1111111111111iiiiiiir Utility Advisory Committee Memo Date: April 14, 2015 To: Utility Advisory Committee From: Philip Lusk, Deputy Director of Power& Telecommunication Systems Subject: Energy Efficient Product Promotion Agreement Summary: The City was offered a new Master Services Agreement for the "Simple Steps- Smart Savings" energy efficient product promotion with CLEAResult. All City expenses under the Agreement are eligible for reimbursement under the Bonneville Power Administration's Energy Efficiency Incentive resulting in no net program cost to the City. Recommendation: Forward a favorable recommendation to City Council to authorize the City Manager to sign the agreement and any subsequent amendments to the Master Services Agreement with CLEAResult. Background/Analysis: Since 2010, the City has participated in the "Simple Steps-Smart Solutions" energy efficient product promotion operated by CLEAResult (formerly Fluid Market Strategies). CLEAResult recently offered the City a new agreement with a term through January 2016. City payments to CLEAResult will be used to markdown prices for LED lamps, 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 188,772 residential lighting products through the period ending February 28, 2015. In addition to the current retail markdown program, CLEAResult will be adding appliances to the program beginning sometime in 2015. The new agreement is anticipated to result in a City payment of up to $30,000 to CLEAResult. All City expenses under the proposed amendment are eligible for reimbursement under the Bonneville Power Administration's Energy Efficiency Incentive resulting in no net program cost to the City. The City Attorney's office has reviewed the 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 any subsequent amendments to the Master Services Agreement with CLEAResult. N:AUAC\fmal\Simple Steps Master Services Agreement uuuuuuuuuuuu uuouuouuouu ioi uuuuu MASTER SERVICES AGREEMENT THIS MASTER SERVICES AGREEMENT (this "Agreement') dated effective April 1, 2015 (the "Effective Date"), is between CLEAResult Consulting Inc., a Texas corporation and/or an affiliate thereof ("CLEAResult"), and City of Port Angeles, Washington ("Utility"). BACKGROUND A. CLEAResult helps utilities, businesses and individuals make the wise use of energy a way of life. B. Utility provides electric service to its customers. C. Utility and CLEAResult contemplate that CLEAResult will provide its services (the "Services") to Utility under one or more Statements of Work (as defined below) in the format attached to this Agreement and incorporated as Exhibit A. The purpose of this Agreement is to set forth the terms and conditions that will govern each of those Statements of Work. AGREEMENT The parties incorporate into this Agreement the above Background provisions and agree as follows: 1. Scope. a. This Agreement sets forth the terms that apply to each Statement of Work ("SOW") issued to CLEAResult for Services. Each SOW is subject to the terms and conditions of this Agreement. In the event of any conflict or inconsistency between the terms or conditions of this Agreement and any provision in an SOW, this Agreement shall control unless such term or condition is explicitly superseded in the applicable SOW. CLEAResult will not become obligated in any way to Utility until Utility places an SOW with CLEAResult and CLEAResult accepts that SOW. b. The parties may add additional SOWs to be governed by the terms and conditions of this Agreement at any time by mutually executing an SOW. Each additional SOW will be numbered sequentially (i.e., SOW No. 1, SOW No. 2, and so on) and be substantially in the same format set forth in Exhibit A. 2. Term and Termination. a. The term of this Agreement ("Term") is from the Effective Date and remains in effect until terminated pursuant to this Section 2. b. Either party may terminate this Agreement by providing forty-five (45) day notice, with or without cause, at any time before its expiration following written notice of deficiency to the other party. If for cause, the defaulting party shall have thirty (30) days to cure the deficiency. c. CLEAResult shall be entitled to receive accrued but unpaid compensation and reimbursement as of the date of termination for authorized services actually and properly performed as of the termination date as well as services committed to by CLEAResult prior to termination. d. The provisions of Sections 2 and 4 through 9 shall survive termination of this Agreement. 3. Payment. Utility agrees to compensate CLEAResult (in United States currency) as described in the applicable SOW. If not otherwise specified in the SOW, CLEAResult shall invoice Utility, and Utility shall make payment to CLEAResult within thirty (30) days of receipt of that invoice. 4. Independent Contractor Relationship. This Agreement shall not create the relationship of employer and ©2015 CLEAResult.All rights reserved. Page 1 of 7 We�:Ihange ICI1he way II"e"°IC"Ne me energy ug y (Rev. 1/14/2015) employee, a partnership, or a joint venture. Each party shall be solely liable for the wages, fringe benefits, payroll taxes, work schedules and work conditions of any assistants, partners or employees that that party may engage. CLEAResult may contract with one or more qualified subcontractors to perform a portion of the work specified in any applicable SOW. 5. Conflicts of Interest; Nonsolicitation. a. During the Term of this Agreement, CLEAResult is free (subject to Section 5(c)) to perform services for other businesses or persons so long as such other work does not interfere with CLEAResult's ability to perform the Services or the actual performance of the Services. b. The parties agree that during the Term of this Agreement and for a period of one (1) year thereafter (the "Restriction Period"), neither party nor any of its officers, directors, owners, employees, or agents will, without the consent of the other party (which may be withheld or conditioned in the other party's absolute discretion), solicit any employee of the other party to become an employee or independent contractor of any other person or entity, or hire as an employee or engage as an independent contractor any person who was an employee of the other party at any time during the Restriction Period. c. The parties acknowledge and agree that each restriction contained in this Section 5 (each, a "Restriction") is reasonable in scope and time and that the Restrictions afford a fair protection to the interests of the other party. 6. Intellectual Property. a. Both parties shall retain all rights to any pre-existing intellectual property. Each party grants to the other party a nonexclusive, worldwide, royalty-free license (with rights to sublicense to others) in such pre-existing intellectual property to translate, reproduce, distribute, and prepare derivative works, to publicly perform and to publicly display all any pre-existing intellectual property that is provided to the other party for the purpose of meeting its obligations under this Agreement for the Term of this Agreement. b. If CLEAResult is required to create any invention, discovery, work of authorship, trade secret, report, or other tangible or intangible item for delivery to Utility as a part of the Services ("Work Product"), all such Work Product created under this Agreement shall be the exclusive property of Utility. Utility and CLEAResult agree that such original works of authorship are "works made for hire" of which Utility is the author within the meaning of the United States Copyright Act. 7. Confidentiality. a. Neither party will use any Confidential Information of the other party for any purpose other than as needed to perform its obligations under this Agreement. Each party will hold all Confidential Information of the other party in strict confidence and will not disclose any Confidential Information to any person other than to its employees and independent contractors who: (i) have a "need to know;" (ii) have been advised of the confidential and proprietary nature of the Confidential Information; and (iii) have signed a written agreement that is as protective of the Confidential Information as that set forth in this Section; except as compelled by court order or otherwise required by law. If either party is required by law to disclose Confidential Information, that party will immediately notify the other party and cooperate with the other party to obtain a protective order or other appropriate remedy to maintain the confidentiality of the information. b. The term "Confidential Information" means all information and materials relating to either party's business, in whatever form or medium, disclosed to or received by the other party, whether visually, by perception, orally or in writing, whether disclosed before or after the Effective Date, and whether or not specifically marked or otherwise identified as "Confidential" or "Proprietary," including all summaries and notes prepared by or on behalf of either party, except that "Confidential Information" does not include any information that the receiving party demonstrates: (i) has become generally available to the public without breach of this Agreement; (ii) was later received by that party from another person who did not violate any duty of confidentiality; or (iii) was developed by that party without use of any Confidential Information by persons who were not exposed to the Confidential Information. ,Ill „ p ©2015 CLEAResult.All rights reserved. Page 2 of 7 8. Indemnity; Limitation on Damages. To the fullest extent permitted by law, the parties shall indemnify, defend, reimburse, and hold harmless each other and their successors, respective directors, officers, members, employees, representatives, and agents from, for, and against any and all allegations, claims, liens, liabilities, losses, demands, damages, expenses, suits, actions, proceedings,judgments, and costs of any kind whatsoever, whether actual or merely alleged and whether directly incurred or from a third party, including, without limitation, settlement costs, court costs, and attorneys' and expert witness fees and expenses, arising out of, or relating to: (a) negligence or willful misconduct by the indemnifying party or any of its officers, employees, agents, representatives, subcontractors, or affiliates; or (b) breach of this Agreement by the indemnifying party or any of its officers, employees, agents, representatives, subcontractors, or affiliates. NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT. LIABILITY OF CLEARESULT UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT CLEARESULT RECEIVES IN EXCHANGE FOR SERVICES AND REIMBURSABLE EXPENSES UNDER THIS AGREEMENT. LIABILITY OF UTILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT UTILITY IS OBLIGATED TO PAY IN EXCHANGE FOR SERVICES AND REIMBURSABLE EXPENSES UNDER THIS AGREEMENT. 9. Miscellaneous. a. Applicable Law; Arbitration; Remedies. i. This Agreement shall be governed by and construed under the laws of the State of Washington, without regard to conflict of law rules. ii. 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, for the purposes set forth in this subsection, of any court of competent subject matter jurisdiction in Clallam County, Washington. iii. Prior to filing suit or initiating arbitration on an dispute, which arises between the Parties under or related to this agreement, the Parties agree to attempt to resolve the dispute though 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 shall be shared equally by the Parties. iv. Utility acknowledges that in the event of a breach of Sections 2 or 4 through 8, the damage to CLEAResult would be irreparable and extremely difficult to estimate, making any remedy at law or in damages inadequate. Thus, in addition to any other right or remedy available to it, CLEAResult shall be entitled to an injunction restraining such breach or threatened breach and to specific performance of any provision of Sections 2 or 4 through 8, and in any case no bond or other security shall be required. b. Attorney's Fees. In the event an action is brought to enforce any provision of or declare a breach of this Agreement, the prevailing party shall be entitled to recover, in addition to any other amounts awarded, reasonable legal costs including attorney fees the prevailing party incurs, including, but not limited to, those related to or arising from any appeal. c. Notices. Except as otherwise provided in the Agreement, all notices or other communications under this Agreement must be in writing and delivered to the addresses below the signatures to this Agreement. Notices will be deemed accepted three (3) business days after the date of mailing. Addresses may be changed by notice given by such party to the other pursuant to this section or by other form of notice agreed to by the parties. d. Assignment. Neither party shall assign this Agreement, except to an affiliate, without the prior written permission by the other party. e. Entire Agreement; Counterparts. This Agreement, including the Background sections and any exhibits, schedules or attachments (all of which are incorporated into this Agreement by this reference), contains the entire agreement of the parties regarding the subject matter described in this Agreement, and all other promises, representations, understandings, arrangements and prior agreements related thereto are merged in this ,Ill „ "' p ©2015 CLEAResult.All rights reserved. Page 3 of 7 Agreement and superseded by this Agreement. The provisions of this Agreement may not be amended, except by an agreement in writing signed by the party against whom enforcement of any amendment is sought. This Agreement may be executed in two (2) or more counterparts, all of which will constitute but one and the same instrument. f. Severability. If any provision of this Agreement is invalid or unenforceable in any jurisdiction, the other provisions in this Agreement shall remain in full force and effect in such jurisdiction and shall be liberally construed in order to effectuate the purpose and intent of this Agreement. The invalidity or unenforceability of any provision of this Agreement in any jurisdiction shall not affect the validity or enforceability of any such provision in any other jurisdiction. g. Waiver of Breach. The failure of either party to enforce strict performance by the other of any provision of this Agreement, or to exercise any right available to the party under this Agreement, shall not be construed as a waiver of such party's right to enforce strict performance in the same or any other instance. h. Opportunity for Counsel Review. The parties expressly acknowledge that each has read the terms of this Agreement and that each party has had the opportunity to discuss the terms of this Agreement with independent legal counsel. i. Force Maieure. Neither party will be liable for a delay in performing its obligations under this Agreement to the extent that delay is caused by insurrection, war, riot, explosion, nuclear incident, fire, flood, earthquake, or other catastrophic event beyond the reasonable control of the affected party, provided the affected party immediately notifies the other party and takes reasonable and expedient action to resume operations. j. No Third Party Beneficiaries. Nothing in this Agreement shall confer any rights or liabilities upon any person that is not a party to this Agreement, except as expressly provided in this Agreement. The parties to this Agreement have executed this Agreement as of the Effective Date. CLEAResult Utility CLEAResult Consulting Inc. City of Port Angeles By: By: Name: Brian Simmons Name: Dan McKeen Title: Vice President Title: City Manager Notice Address: Notice Address: Attn: Legal Department Gregg King 100 SW Main St, Suite 1500 321 E 5th Street Portland, OR 97204 Port Angeles, WA, 98362 Email: legal _clearesult.com E-mail: Gking @cityofpa.us Phone: 503-248-4636 Phone: 360-417-4710 EIN: ,Ill „ p ©2015 CLEAResult.All rights reserved. Page 4 of 7 EXHIBIT A STATEMENT OF WORK NO. 1 UNDER MASTER SERVICES AGREEMENT 1. General Scope. As required in the Master Services Agreement (the "Agreement'), this SOW defines the Services. The parties intend for CLEAResult to perform retail products promotion services. These Services are provided as part of the Bonneville Power Administration (BPA) Simple Steps, Smart Savings retail promotion. 2. Budget. a. Billing Rates and Payment Methodology. This agreement is based upon retail sales activity and the acquisition of annual kWh savings, as detailed in the Deemed Measure List published by Bonneville Power Administration (BPA). The table below defines eligible measures, rates per kWh/yr, and annual Generator Busbar savings active April 1, 2015. CLEAResult will invoice Utility monthly based on achieved kWh savings through retail sales activity. Product Annual Savings @ Generator Category Measure Rate per kWh/yr Busbar(kWh/yr) CFL Bulb CFL-General Purpose and Dimmable-1440-2600 lumens $ 0.12 15.00 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. CFL Bulb CFL-General Purpose and Dimmable-250-664 lumens $ 0.12 8.00 ....................................................................................................................................................... CFL Bulb CFL-General Purpose and Dimmable-665-1439 lumens $ 0.12 8.00 CFL Bulb CFL-Decorative and Mini-Base-1440-2600 lumens $ 0...12 22.00 .............................._........................................................................................................................- CFL Bulb CFL-Decorative and Mini-Base-250-664 lumens $ 0.12 10.00 CFL Bulb CFL-Decorative and Mini-Base-665-1439 lumens $ 0.12 17.00 CFL Bulb CFL-Globe-1440-2600 lumens $ 0.12 16.00 CFL Bulb CFL-Globe-250-664 lumens $ 0.12 6.00 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. CFL Bulb CFL-Globe-665-1439 lumens $ 0.12 8.00 CFL Bulb CFL-Reflectors and Outdoor-1440-2600 lumens $ 0.12 50.00 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. CFL Bulb CFL-Reflectors and Outdoor-250-664 lumens $ 0.12 12.00 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. CFL Bulb CFL-Reflectors and Outdoor-665-1439 lumens $ 0.12 20.00 CFL Bulb CFL-Three-Way-1440-2600 lumens $ 0.12 36.00 CFL Bulb CFL-Three-Way-250-664 lumens $ 0.12 6.00 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. CFL Bulb CFL-Three-Way-665-1439 lumens $ 0.12 14.00 LED Bulb LED-Decorative and Mini-Base-1440-2600 lumens $ 0.12 31.00 LED Bulb LED-Decorative and Mini-Base-250-664 lumens $ 0.12 14.00 LED Bulb LED-Decorative and Mini-Base-665-1439 lumens $ 0.12 10.00 LED Bulb LED-General Purpose and Dimmable-1440-2600 lumens $ 0.12 24.00 LED Bulb LED-General Purpose and Dimmable-250-664 lumens $ 0.12 11.00 LED Bulb LED-General Purpose and Dimmable-665-1439 lumens $ 0.12 12.00 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. LED Bulb LED-Globe-1440-2600 lumens $ 0.12 23.00 LED Bulb LED-Globe-250-664 lumens $ 0.12 9.00 , ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. LED Bulb LED-Globe-665-1439 lumens $ 0.12 13.00 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. LED Bulb LED-Reflectors and Outdoor-1440-2600 lumens $ 0.12 66.00 LED Bulb LED-Reflectors and Outdoor-250-664 lumens $ 0.12 17.00 LED Bulb LED-Reflectors and Outdoor-665-1439 lumens $ 0.12 30.00 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. LED Bulb LED-Three-Way-1440-2600 lumens $ 0.12 66.00 LED Bulb LED-Three-Way-250-664 lumens $ 0.12 17.00 LED Bulb LED-Three-Way-665-1439 lumens $ 0.12 30.00 Showerhead Showerhead 2.0 GPM $ 0.12 88.00 Showerhead Showerhead 1.6-1.75 GPM $ 0.12 132.00 Showerhead Showerhead 1.5 GPM $ 0.12 171.00 , ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. CFL Fixture CFL Fixture $ 0.12 106.00 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. LED Fixture LED Fixture $ 0.12 24.00 b. Payment. CLEAResult will email Utility a monthly itemized invoice. Invoice will include kWh/yr at Generator Busbar savings achieved and quantity of sales by SKU, manufacturer, retailer location, BPA measure and activity period. Payment on invoice is due 30 days after the date of the invoice and shall be sent to: ©2015 CLEAResult.All rights reserved. Page 5 of 7 CLEAResult Consulting, Inc. Attention: Accounts Payable 625 SW Broadway, Suite 300 Portland, OR 97205 Utility commits to payment of rates as outlined in the table above, on eligible promotional products meeting BPA measure requirements. For eligible promotional products, Utility commits to (please select one funding option below): ❑ Fund all units sold for the duration of this agreement ❑ Funding of$ c. Store List and Forecast. Store locations active in the promotion and forecasted sales by eligible measure are detailed in Attachment A. 3. Tasks. The retail products promotion will increase sales of ENERGY STAR°CFL bulbs, ENERGY STAR° LED bulbs, ENERGY STAR° indoor hard-wired CFL light fixtures, ENERGY STAR° recessed retro-fit LED light fixtures, and energy-saving showerheads in the marketplace. This goal will be accomplished through cooperative marketing activities, special promotions, premium placement buys, and products discounts. Incentives will be paid to retailer and manufacturer partners according to the table below: Product Category Incentive Per Unit CFL Bulb $0.25-$3.00 ..............................................................................:......................................................................................... LED Bulb $1.00-$6.00 Showerhead $5.00-$12.00 ....................................................................................................................................................................... CFL Fixture $5.00-$12.00 ........................................................................................................................................................................: LED Fixture $1.00-$3.00 .................................................................................................................................................................. a. Market Engagement. CLEAResult will partner with market actors to deliver special promotions and cooperative marketing. Including but not limited to: premium in-store placement buys, end- cap and wing-stack production, online promotions, and advertisements. Our team will implement store and product management protocols to ensure activities achieve the greatest savings and limit Non-Claimable savings sales absorbed by the program delivery cost. b. Administrative Support. Services shall include development, delivery and facilitation of projected unit movement of identified SKUs at approved retail locations. CLEAResult staff will collect retail sales reports from partnering retailer locations and monitor sales reports in a proprietary tracking and reporting data system. c. Marketing Services. CLEAResult will design and produce retail Point of Purchase (POP) materials for participating stores and provide marketing support for special promotions and cooperative marketing activities. CLEAResult will collaborate with utilities on branding needs and requirements, and will provide a platform for utilities to participate in promotional activities, convey branding needs, and coordinate their own marketing plans. CLEAResult will provide an annual promotions and marketing calendar to increase awareness and track regional and local promotions. CLEAResult will maintain a consumer-facing program website and a partner website. d. Field Services. CLEAResult field representatives will provide marketing materials to participating stores, on-site merchandising, sales-associate training and event staffing. CLEAResult will conduct regular store visits to ensure promotional activities are executed, shelves are stocked and in-store marketing materials are available. e. Reporting. CLEAResult will provide monthly electronic reports of product sales. Sales will be reported by kWh, SKU, manufacturer, retailer location, BPA measure and activity period. CLEAResult will provide monthly updates of progress towards annual sales/savings goals and a summary of key activities and promotions. Attachment A details a list of participating store locations and annual sales forecast. 4. Time of Performance for the Services. ,Ill „ p ©2015 CLEAResult.All rights reserved. Page 6 of 7 Commencement Date: April 1, 2015 Completion Date: January 31, 2016 5. Change Procedure. The Agreement, including any exhibits, schedules or attachments including this SOW, contains the entire agreement of the parties regarding the subject matter described in it. In the event of any conflict between the terms and conditions of the Agreement and this SOW, the applicable term or condition of the Agreement supersedes the conflicting term or condition in this SOW, unless the parties clearly express in writing that the SOW includes a change to the Agreement. The provisions of this SOW may not be amended, except by an agreement in writing signed by the party against whom enforcement of any amendment is sought. This SOW may be executed in two (2) or more counterparts, all of which will constitute but one and the same instrument. ©2015 CLEAResult.All rights reserved. Page 7 of 7 • ? RT I GELES WASHINGTON, U. S. A. Utility Advisory Committee Memo Date: April 14, 2015 To: Utility Advisory Committee From: Jonathan Boehme, PE., Stormwater Engineer Subject: Professional Services Agreement with Herrera Environmental—NPDES Code and Standards Update Summary: The City's stormwater NPDES permit requires the City to perform a comprehensive update of all pertinent City codes, ordinances, development standards, public works standards, etc, related to Phase 11 requirements to eliminate barriers and implement low impact development (LID) as the commonly-used approach to site development. This update requires that the updated codes and standards have a formal public process in order to seek input from the community, developers, and industry as part of the approval process. This effort will be jointly managed through the Community and Economic Development Department and the Public Works and Utilities Department. Herrera Environmental has been selected to provide professional services for this update of the City codes and standards. Recommendation: Forward a favorable recommendation to City Council to authorize the City Manager to sign a Professional Services Agreement with Herrera Environmental in the not to exceed amount of$115,371, and to make minor modifications to the agreement, if necessary. Background/Analysis: The City is covered by the 2013-2018 National Pollutant Discharge Elimination (NPDES) Municipal Stormwater Phase 11 Permit. This permit requires the City to make low impact development(LID) the preferred and commonly-used approach to site development. LID is a stormwater and land use management strategy that strives to mimic pre- disturbance hydrologic processes by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. The City's stormwater NPDES permit requires the City to perform a comprehensive update of all pertinent City codes, ordinances, development standards, public works standards, etc, related to Phase 11 requirements to eliminate barriers and implement LID as the commonly-used approach to site development. This update requires that the updated codes and standards have a formal public process in order to seek input from the community, developers, and industry as part of the approval process. The update is required to be fully implemented by December 31, 2016. The City issued a Request for Qualifications (RFQ) to all environmental engineering firms Municipal Code Review to Incorporate LID.doc April 14,2015 Page 2 registered on the Municipal Resource Service Center(MRSC) consultant roster on March 11, 2015. In all, this RFQ was sent to 355 environmental firms. In addition, this RFQ was posted on the City's website and on Builder's Exchange of Washington, a plan holder's center for the dissemination and distribution of contract advertisements and documents. The City received a single submission to the RFQ from Herrera Environmental Inc. on March 26, 2015. The reason for the low number of submissions is believed to be due to the narrow field of expertise involved with the cross-section of both environmental requirements coupled with development codes and standards. Herrera's proposal was responsive to the tasks listed in the RFP and Herrera is very well qualified, having successfully completed similar code update projects with several other Phase 11 jurisdictions. Herrera has also provided Code Update training under contract to the Department of Ecology, and has already developed many training and informational materials. Herrera proposes to include Zenovic and Associates, a local firm, to assist with developing tools for the local development community, including design scenarios and cost estimates specialized to Port Angeles. It is important to allow sufficient time that all stakeholders have an opportunity to become familiar with the requirements, and to have input in crafting the final ordinances, municipal codes, and standards. Herrera will work closely with both the Community and Economic Development and the Public Works and Utility staff members to bring forward a comprehensive and practical proposal that reflects the priorities of our community. The tasks include: 1. Preliminary Assessment—review pertinent municipal codes and documents and identify potential barriers and conflicts that will inhibit the use of LID practices. Documents to be reviewed include PANIC Title 11, Streets, Sidewalks, and Street Trees; PANIC Chapter 13.63 Stormwater; PANIC Title 14, Buildings and Construction; PANIC Title 15, Environment; PANIC Title 16, Subdivisions; PANIC Title 17, Zoning; Urban Services Standards and Guidelines; Citywide Comprehensive plan (2010), and others. 2. Draft Revisions to Applicable City Codes and Policies — develop proposed language to comply with NPDES Permit requirements,prepare summary tables to meet Permit documentation requirements. 3. Planning Commission, City Council and Public Outreach Support—presentation materials and presentations, technical assistance. 4. Implementation Tools for the Development Community—provide tools to aid the development community in implementing the LID code integration for future site development. Potential tools include at least 3 design scenarios with cost estimates/analysis to ensure feasibility of typical Port Angeles land use development, development review check list, factsheets on how to implement the new requirements for different types of development, and templates to facilitate LID design such as a erosion and sediment control plan for small sites. The table below identifies the tasks and the negotiated budget for the proposed scope of work. The budget is based on the estimated level of effort (hours)required, and will be spent based on actual hours worked. Task Cost Task 1 —Preliminary Assessment of Codes and Policies $28,944 Task 2—Draft Revisions to Applicable City Codes and Policies $29,592 Task 3 —Planning Commission, City Council and Public Outreach Support $16,532 Task 4 —Implementation Tools for the Development Community $34,173 Task 5 —Project Management/ Contract Administration $6,130 Total $115,371 Staff and Herrera will present the proposed code language to the Utility Advisory Committee, City Council, and the general public in the summer of 2016 for review, consultation, and approval. Emphasis has been placed on developing and providing tools for the local development community that can enable efficient and cost effective implementation of LID. Funds are available for the consultant agreement in the 2015 Stormwater Utility Fund budget. It is recommended that the Utility Advisory Committee forward a favorable recommendation to the City Council to authorize the City Manager to sign the Professional Services Agreement with Herrera Environmental in the not to exceed amount of$115,371 and to make minor modifications to the agreement, if necessary. � C u (A o w 41 m 41 (A (A (VIT Lo 1� (1) 0 41 III o - w � aa � O a ' a o (1) � ce s u Uc -p cu rLa 3: 4-) .v cn ra � 4-) ru L (1) 'V ro 07 � L U ru U o o � f6 �U f6 C LL N L Q� 0 � U � � � L O U � U a = c � a� a� rML a) Of ru -0 0 a :3 CT CD - w > w � — O O ro CD ru 2: .0 0. c O Q E (n fa (i) E o u Z$ d7 -C: u 0 0 ru > >1N ro 4-J � C L O U � Q� � ,0 f6 ru U M � L � c (1) (- Z) E 'm C: U -0 r) o') ru >% � U NO — c!� E ru Z) Z) u .� V Q cn u � Q ■ � N V � a -o IV) � Q (1) Q� x (n � C V ru � ;n vi ro 73 4-J a ru Q N � � .0 X � ca c� z w w ry J Q p1 V) C c � I z ro C Q J C � � a v w L (n O .— 4) L V ro 4) O L � 0) ur) O co ro C: L C a-J - ro •O O C: a--) > .— :3 M c _0 ■ ■ L (o • ro 4-J un �— V Ul (n Q •— (n O ::3 0 un > co V c,!) 1 4� ) 4- •— L c� u C: Ul _ C: > E o ul c: .— .— .— •— 4-) ,0 O ca > U Q a) ca fu U C fu C O � te a + . -J U � � U � � uuuuuumm u uuuuuum u uuuuuumm uuum Illuuuuuuuuuuuu i u uuuumu m uuuuuuuuuuuu fu IIVII a uuuuuuuuuuum uuuu u u fu J IW II > m uuuuuumm fu Him oullm mVuuuuuuum uuuumu nouv �ium% it u ru fu ii uiuiiuuum uuuuuuuuuuuuuuuuu J, mVUUUUUUUUUUu u ummum u uuuuuuuuuu L 0 w U fu E u uuumu ulli uu°°i�uuuuuummm� uuumummuuu uuuuuumm i� i u�m uuuuuuuum m i I umuuoo I uuuuuuumuuuuuum 'mlmow uuuu 0) >11411 Q11) 114-J Ilu'I� Ilu'I M� n-0, uuu uuuuuuuuuuuuuuuu W uuuuuumm m Vuuuuuuum uuuumu m uuuuuuuuuuuuuuu O wm" � mimuu uuuuuuuu DI E u uuuumu m uuuuuuuuuuum Imumm� Imu� uvll�� uvll�� < 7p J, O ru ru N � � L �O Q� 0 �L 0 Q n 0 E ru L. o .O .0 v� C 4w ru C N O ru M 4. rML Q � D a CL a L a--J 4-J ro ro c� E u 4-) ro a N C- 0 N 4-) N � O :3 �U C 3 � � N ru C- M M U. 0 Q o Q 3 � L a ■ a . a--J 70 V L (u (u L a--) L Q) C: L O L O V � L >` V (o C: O O � J� ro L a--J .V •— V 0 a--J O '— :3 (u (/) a--J L a--J O �4- Q0) V V O V L. O O V C: a--J � •L •O ru0o m V L C: V c1) L O cn O :3 L O Q L (n V > D V E = V O OJ V a- t: t:O Q � O _ .- 4—J _ IMEN (o 7 L ru ru O o- •— •— O C: •— O cn a--J :3 ru E L7'0) E . ) o L. � O � O � " O U N � � L 0 4-) a..J fa ru L U ru U C � U � � U � L te � p C a -' O N M 'co: E E ru w V � Z) 0 p c!%A. � CL �- can � Jc: E ru ru CL E TE: C O 1 � 47 CY B O N N E V I L L E P O W E R A D M I N I S T R A T I O N fr,I//iaii,m%/a���ii/i��///,ri�r�ir �li;,ii..%%i/%//%%i,✓,�cic%i i%s„///�/////�,a,`e /iiic%.:;/:-//�����a/i//iaciv/aiooi i/�uiz i ..lr/ii.�/ai�//Ga/�/�/D�i��i/a/ ,r..l%//��i it i 2014 Power Rate Schedules and General late Schedule Provisions (FY 2014-2015) 76 V� U 9lj�i r ' � ffl p s � � G u /l r October 2013 Residential Exchange Program Settlement Customer Refund Amounts in FY 2014-2015 Section 1. Purpose The Customer Refund Amount in FY 2014-2015 is a credit on a customer's power bill pursuant to the 2012 REP Settlement, Contract No. 11PB-12322 (Settlement). The individual customer credit is determined in part on the terms of the Settlement and in part on information developed in each rate proceeding. Section 2. Terms of the Customer Refund Amount The Customer Refund Amount applies to customers listed in the table below. A credit shall appear on the monthly power bills beginning with the month that the rates established in the BP-14 rate proceeding take effect. The total credit for a given fiscal year will be the fiscal year's Total Refund divided into 12 equal monthly amounts. Monthly amounts shall be rounded to the nearest whole dollar amount on the power bill. Section 3. Definitions PF-02 Refund is the portion of the Customer Refund Amount provided pursuant to Exhibit B of the Settlement. Scaled TOCA is the Customer-specific percentage derived from a customer's BP-12 Final Proposal TOCA as adjusted pursuant to Section 3.4 of the REP Settlement Agreement. TOCA Refund is the annual Refund Amount from Section 3.2 of the Settlement($76,537,617) minus the total annual Customer Specific PF-02 Refund Amount from Exhibit B of the Settlement ($38,269,000)multiplied by the Scaled TOGA. Thus, $76,537,617- $38,269,000= $38,268,617, which then is multiplied by the Scaled TOCA. Total Refund is the sum of the PF-02 Refund Amount and the TOCA Refund Amount. Section 4. Customer Refund Amounts As displayed on the following table: Appendix A: REP Settlement Page 109 Customer Refund Amounts Customer Refund Amounts Customer FY 2014 FY 2015 BPA Specific Scaled Scaled FY 2014 FY 2015 FY 2014 FY 2015 Customer PF-02 TOCA TOCA TOCA TOCA Total Total ID Customer Name Refund(1) (2) (2) Refund Refund Refund Refund 10005 Alder Mutual $3,178 0.01% 0.01% $3,019 $3,006 $6,197 $6,184 10055 Albion,City of $ 0.01% 0.01% $2,195 $2,186 $2,195 $2,186 10057 Ashland,City of $161,518 0.30% 0.30% $115,057 $115,633 $276,575 $277,152 10015 Asotin County PUD#1 $ 0.01% 0.01% $3,316 $3,302 $3,316 $3,302 10059 Bandon,City of $55,554 0.11% 0.11% $42,104 $41,925 $97,659 $97,480 10024 Benton County PUD#1 $1,074,609 2.83% 2.83% $1,083,380 $1,082,848 $2,157,988 $2,157,457 10025 Benton REA $365,914 0.96% 0.96% $367,812 $366,249 $733,726 $732,163 10027 Big Bend Elee Coop $180,557 0.88% 0.88% $337,284 $335,851 $517,842 $516,409 10029 Blachly Lane Elec Coop $102,877 0.25% 0.25% $97,098 $96,685 $199,975 $199,562 10061 Blaine,City of $60,506 0.13% 0.13% $48,209 $48,004 $108,715 $108,510 10062 Bonners Ferry,City of $45,589 0.08% 0.08% $29,321 $29,196 $74,909 $74,785 10064 Burley,City of $105,386 0.20% 0.20% $76,296 $76,271 $181,681 $181,657 10044 Canby,City of $146,793 0.29% 0.29% $111,932 $111,464 $258,725 $258,257 10065 Cascade Locks,City of $17,913 0.03% 0.03% $12,252 $12,200 $30,165 $30,113 10046 Central Electric Coop $400,537 1.17% 1.17% $448,357 $449,221 $848,894 $849,758 10047 Central Lincoln PUD $483,285 2.19% 2.19% $838,057 $836,340 $1,321,342 $1,319,624 10066 Centralia,City of $164,230 0.35% 0.35% $134,328 $133,757 $298,558 $297,988 10067 Cheney,City of 1 $108,606 0.23% 0.23% $87,181 $86,811 $195,787 $195,417 10068 Chewelah,City of $ - 0.04% 0.04% $15,291 $15,288 $15,291 $15,288 10101 Clallam County PUD#1 $520,583 1.10% 1.09% $419,044 $417,264 $939,627 $937,847 10103 Clark County PUD#1 $2,370,948 4.31% 4.32% $1,648,067 $1,652,335 $4,019,015 $4,023,284 10105 Clatskanie PUD $617,393 1.35% 1.34% $515,775 $513,583 $1,133,168 $1,130,976 10106 Clearwater Power $125,833 0.32% 0.32% $123,239 $123,214 $249,072 $249,047 10109 Columbia Basin Elee Coop $ 0.17% 0.17% $66,793 $66,509 $66,793 $66,509 10111 Columbia Power Coop $ 0.05% 0.05% $17,826 $17,750 $17,826 $17,750 10113 Columbia REA $ 0.54% 0.54% $207,753 $206,870 $207,753 $206,870 10112 Columbia River PUD $265,444 0.82% 0.83% $314,697 $316,825 $580,141 $582,270 ._ .......... Consolidated irrigation District o A0.66% 10116 #19 $1,825 0.00% $1,258 $1,252 $3,083 $3,078 10118 Consumers Power $246,076 0.66% $251,740 $250,670 $497,816 $496,746 10121 Coos Cur y Elec Coop $229,267 0.59% $225,294 $224,336 $454,561 $453,604 10378 Coulee Dam,City of $ 0.03% $11,159 $11,111 $11,159 $11,111 10123 Cowlitz County PUD#1 $3,446,817 7.91% 7.88% $3,027,033 $3,014,171 $6,473,850 $6,460,988 10070 Declo,City of $ - 0.01% 0.01% $1,976 $1,968 $1,976 $1,968 10136 Douglas Electric Cooperative $105,338 0.26% 0.26% $100,008 $101,002 $205,346 $206,341 10071 Drain,City of $19,088 0.03% 0.03% $10,897 $10,898 $29,985 $29,986 Appendix A: REP Settlement Customer Refund Amounts Page 110 Customer Refund Amounts Customer FY 2014 FY 2015 BPA Specific Scaled Scaled FY 2014 FY 2015 FY 2014 FY 2015 Customer PF-02 TOCA TOCA TOCA TOCA Total Total ID Customer Name Refund(1) (2' 2 Refund Refund Refund Refund 10142 East End Mutual Electric $ 0.04% 0.04% $14,811 $14,748 $14,811 *$655,504 10144 Eatonville,City of $23,238 0.05% 0.05% $18,564 $18,485 $41,802 10072 Ellensburg,City of $175,179 0.35% 0.34% $132,184 $131,622 $307,363 10156 Elmhurst Mutual P&L $ 0.46% 0.46% $177,686 $176,931 $177,686 10157 Emerald PUD $376,548 0.69% 0.73% $262,645 $278,956 $639,193 10158 Energy Northwest $20,415 0.04% 0.04% $15,244 $15,180 $35,659 $35,594 10170 Eugene Water&Electric Board $1,490,101 3.47% 3.47% $1,328,253 $1,326,448 $2,818,354 $2,816,549 10173 Fall River Elec Coop $152,407 0.48% 0.48% $182,603 $181,828 $335,010 $334,234 10174 Farmers Elec Coop $ - 0.01% 0.01% $2,800 $2,789 $2,800 $2,789 10177 Ferry County PUD#1 $67,875 0.17% 0.17% $64,297 $64,024 $132,172 $131,899 10179 Flathead Elec Coop $608,080 2.39% 2.39% $916,435 $915,570 $1,524,514 $1,523,650 10074 Forest Grove,City of $169,141 0.36% 0.37% $139,526 1 $143,344 $308,667 $312,485 10183 Franklin County PUD#1 $471,954 1.69% 1.68% $646,810 $644,062 $1,118,764 $1,116,016 10186 Glacier Elec Coop $ 0.31% 0.31% $117,494 $116,995 $117,494 $116,995 10190 Grant County PUD#2 $1,146,092 0.59% 0.59% $225,587 $224,628 $1,371,679 $1,370,720 10191 Grays Harbor PUD#1 $736,828 1.89% 1.88% $723,231 $720,158 $1,460,058 $1,456,985 10197 Harney Elec Coop $91,382 0.30% 0.30% $115,182 $115,268 $206,564 $206,650 10597 Hermiston,City of $100,167 0.18% 0.18% $70,519 $70,632 $170,686 $170,798 10076 Heyburn,City of $50,558 0.07% 0.07% $26,548 $26,435 $77,105 $76,993 10202 Hood River Elec Coop $89,783 0.19% 0.19% $72,195 $71,888 $161,978 $161,671 10203 Idaho County L&P $39,010 0.09% 0.09% $34,246 $34,100 $73,256 $73,110 10204 Idaho Falls Power $435,271 1.15% 1.14% 1 $438,491 $436,628 $873,762 $871,899 10209 Inland P&L $ - 1.55% 1.55% $593,844 1 $591,321 $593,844 $591,321 12026 Jefferson County PUD#1 $ - NA NA $ $ $ $ 10230 Kittitas County PUD#1 $48,061 0.14% 0.14% $53,478 $53,251 $101,539 $101,312 10231 Klickitat County UD#1 $219,238 �_� ty 0.53% 0.53% $202,054 $201,196 $421,292 $420,434 10234 Kootenai Electric Coop $ 0.73% 0.73% $281,096 $279,901 $281,096 $279,901 10235 Lakeview L&P(WA) $261,953 0.47% 0.47% $180,631 $180,011 $442,584 $441,964 ._.._ 10236 Lane County Elec Coop $154,159 0.42% 0.42% $160,407 $159,725 $314,565 $313,884 10237 Lewis County PUD#1 $720,554 1.64% 1.63% $626,863 $624,200 $1,347,417 $1,344,754 10239 Lincoln Elec Coop(MT) $ - 0.20% 0.20% $76,311 $76,944 $76,311 $76,944 10242 Lost River Elec Coop $50,765 0.13% 0.13% $50,623 $50,785 ww - $101,388 $101,550 10244 Lower Valley Energy $ - 1.24% 1.23% $474,213 $472,199 $474,213 $472,199 10246 Mason County PUD#1 $52,092 0.13% 0.13% $49,533 $49,323 $101,626 $101,415 11 County _........................... ..... 10247 Mason PUD#3 $544,117 1.15% 1.15% $440,546 $438,674 $984,663 $982,791 10078 McCleary,City of $35,576 0.05% 0.05% $19,232 $19,205 $54,808 $54,781 Appendix A: REP Settlement Page 111 Customer Refund Amounts Customer Refund Amounts Customer FY 2014 FY 2015 BPA Specific Scaled Scaled FY 2014 FY 2015 FY 2014 FY 2015 Customer PF-02 TOCA TOCA TOCA TOCA Total Total I'D Customer Name Refund 1 2l 2' Refund Refund Refund Refund 10079 McMinnville,City of $593,568 1.19% 1.22% $456,727 $465,155 $1,050,295 $1,058,723 10256 Midstate Elec Coop $287,247 0.67% 0.67% $257,653 $256,558 $544,900 $543,805 10080 Milton,Town of $53,707 0.11% 0.11% $40,874 $40,817 $94,581 $94,524 10081 Milton-Freewater,City of $76,961 0.14% 0.14% $55,013 $55,343 $131,974 $132,304 10082 Minidoka,City of $ 0.00% 0.00% $652 $649 $652 $649 10258 Mission Valley $ - 0.54% 0.54% $205,237 $208,290 $205,237 $208,290 10259 Missoula Elec Coop $ 0.39% 0.39% $148,736 $148,104 $148,736 $148,104 10260 Modern Elec Coop $ 0.38% 0.38% $144,873 $144,258 $144,873 $144,258 10083 Monmouth,City of $59,603 0.12% 0.12% $46,096 $45,900 $105,699 $105,503 10273 Nespelem Valley Elec Coop $35,342 0.08% 0.08% $32,418 $32,280 $67,760 $67,622 10278 Northern Lights $134,905 0.52% 0.52% $198,027 $197,186 $332,932 $332,091 10279 Northern Wasco County PUD $169,186 0.89%° 0.89% $342,135 $341,992 $511,321 $511,178 10284 Ohop Mutual Light Company $ 0.15% 0.15% $55,993 $55,755 $55,993 $55,755 10285 Okanogan County Elec Coop $33,056 0.09% 0.09% $35,984 $35,831 $69,040 $68,887 10286 Okanogan County PUD#1 $302,445 0.71% 0.70% $269,788 $268,642 $572,233 $571,087 10288 Orcas P&L $ - 0.36% 0.35% $136,328 $135,748 $136,328 $135,748 10291 Oregon Trail Coop $535,684 1.09% 1.10% $418,759 $421,736 $954,443 $957,421 10294 Pacific County PUD#2 $263,432 0.52% 0.52% $200,226 $199,376 $463,658 $462,807 10304 Parkland L&W $ - 0.20% 0.20% $77,542 $77,212 $77,542 $77,212 10306 Pend Oreille County PUD 41 $218,512 0.42% 0.42% $159,899 $159,220 $378,411 $377,731 10307 Peninsula Light Company $484,256 1.04% 1.03% $396,762 $395,076 $881,018 $879,332 10086 Plummer,City of $28,254 0.06% 0.06% $21,747 $21,655 $50,001 $49,909 10087 Port Angeles,City of $517,172 1.22% 1.22% $467,804 $466,431 $984,976 1 $983,603 10706 Art oofSeattle-SEATACIntl. $ 0.25% 0.25% $95,231 $94,826 $95,231 $94,826 10331 Raft River Elec Coop $81,677 0.49% 0.50% $189,122 $189,528 $270,799 $271,205 10333 Ravalli County Elec Coop $ 0.27% 0.27% $102,047 $101,613 $102,047 $101,613 10089 Richland,City of $623,657 1.46% 1.45% $557,469 $555,101 $1,181,126 $1,178,758 10338 Riverside Elec Coop $ 0.03% 0.03% $12,795 $12,865 $12,795 $12,865 10091 Rupert,City of $72,943 0.13% 0.13% $49,744 $49,533 $122,687 $122,476 10342 Salem Elec Coop $342,469 0.57% 0.56% $217,099 $216,177 $559,568 $558,646 103437 Salmon River Elec Coop $126,695 0.45% 0.45% $173,007 $172,272 $299,702 $298,967 10349 Seattle City Light $2,806,762 7.55% 7.51% $2,887,655 $2,875,385 $5,694,417 $5,682,147 10352 Skamania County PUD#1 $110,458 0.23% 0.23% $86,619 $86,873 $197,077 $197,331 10354 Snohomish County PUD#1 $4,394,837 11.08% 11.18% $4,239,925 $4,278,050 $8,634,762 $8,672,887 Appendix A: REP Settlement Customer Refund Amounts Page 112 Customer Refund Amounts BPA Customer FY 2014 FY 2015 FY 2014 FY 2015 FY 2014 FY 2015 Customer Specific PF- Scaled Scaled TOCA TOCA Total Total ID Customer Name 02 Refund 1) TOCA "2 TOCA 2 Refund Refund Refund Refund 10094 Soda Springs,City of $ 0.04% 0.04% $16,400 $16,280 $16,400 $16,280 10360 Southside Elec Lines $ 0.10% 0.10% $36,699 $36,761 $36,699 $36,761 10363 Springfield Utility Board $490,736 1.44% 1.44% $550,786 $552,705 $1,041523 $1,043,441 10379 Steilacoom,Town of $35,527 0.07% 0.07% $26,501 $26,388 $62,028 $61,915 10095 Sumas,Town of $23,429 0.05% 0.05% $20,080 $19,994 $43,508 $43,423 10369 Surprise Valley Elec Coop $81,780 0.22% 0.22% $84,478 $84,749 $166,258 $166,529 10370 Tacoma Public Utilities $2,979,021 5.75% 5.77% $2,200,041 $2,207,463 $5,179,061 $5,186,484 10371 Tanner Flee Coop $59,409 0.16% 0.16% $60,805 $60,547 $120,215 $119,956 10376 Tillamook PUD#1 $287,525 0.79% 0.79% $303,390 $304,205 $590,915 $591,730 10097 Troy,City of $ - 0.03% 0.03% $11,229 $11,181 $11,229 $11,181 10172 U.S.Air Force Base,Fairchild $60,465 0.09% 0.09% $33,961 $34,155 $94,426 $94,620 10406 U.S.DOE Albany Research Center $3,304 0.01% 0.01% $2,523 $2,512 $5,827 $5,817 10426 U.S.DOE Richland Operations $193,387 0.39% 0.41% $149,810 $155,735 $343,197 $349,122 Office ... 0.41/o $165,641 $156,614 10326 U.S.Naval Base,Bremerton $216,980 0.43% ° $382,621 $373,594 10408 U.S.Naval Station,Everett(Jim $10,783 0.02% 0.02% $8,101 $8,066 $18,883 $18,849 Creek) 10409 U.S.Naval Submarine Base,Bangor $151,547 0.29% 0.29% $110,788 $110,523 $262,335 $262,070 10388 Umatilla Elec Coop $557,880 1.63% 1.62% $624,055 $621,404 $1,181,936 $1,179,284 10482 Umpqua Indian Utility Cooperative $15,681 0.06% 0.06% $22,591 $22,577 $38,272 $38,258 10391 United Electric Coop $144,156 0.43% 0.43% $165,227 $164,525 $309,382 $308,680 10434 Vera Irrigation District $190,495 0.39% 0.39% $149,682 $149,046 $340,176 $339,540 10436 Vigilante Elec Coop $ 0.27% 1 0.27% $104,113 $105,113 $104,113 $105,113 10440 Wahkiakum County PUD#1 $32,517 0.07% 0.07% $27,587 $27,469 $60,104 $59,987 10442 Wasco Elec Coop $ - 0.19% 0.19% $73,835 $73,521 $73,835 $73,521 __.................._ _ .. 11680 Weiser,City of $ - 0.09% 0.09% $34,883 $34,734 $34,883 $34,734 10446 Wells Rural Elec Coop $388,509 1.38% 1.37% $527,867 $525,624 $916,376 $914,133 10448 West Oregon Elec Coop $48,959 0.12% 0.12% $46,190 $46,114 $95,149 $95,073 10451 Whatcom County PUD#1 $179,980 0.39% 0.38% $147,897 $147,268 $327,877 $327,248 10502 Yakama Power $7,897 0.14% 0.14% $54,240 $54,453 $62,137 $62,349 Total $38,269,000 100.0000% 100.0000% $38,268,617 $38,268,617 $76,537,617 $76,537,617 (1)See Exhibit B of REP Settlement Agreement,Contract No. 11 PB-12322.US BIA Wapato CHWM was annexed by Yakama Power;therefore the PF-02 Refund Amount is included under Yakama Power. (2)Adjusted TOCAs are recomputed with Grant CHWM equal to 41.75 aMW,pursuant to Section 3.4 of the Settlement Agreement.Final Scaled TOCAs reallocate headroom(when customers'net requirement is below their RHWM allocated share of the Tier 1 System)among all customers pro rata to Adjusted TOCA percentages. Appendix A: REP Settlement Page 113 Customer Refund Amounts