HomeMy WebLinkAbout5.994 Original ContractENERGY
NORTHWEST
INTERAGENCY /INTER -LOCAL AGREEMENT NUMBER X -40464
BETWEEN
ENERGY NORTHWEST AND THE CITY OF PORT ANGELES
TO PROVIDE TECHNICAL SERVICES AT MORSE CREEK HYDROELECTRIC
PROJECT
As provided under RCW Title 39, Chapter 39.34, this Agreement for Technical Services
(the "Agreement ") is by and between City of Port Angeles, a municipal corporation of the
State of Washington, (hereinafter "City "), and Energy Northwest, doing business by and
through its Business Development Fund, a municipal corporation and joint operating
agency of the State of Washington, with its principal office at P.O. Box 968 Richland, WA
99352 (hereinafter "Energy Northwest ").
WHEREAS, the City finds that Energy Northwest is willing to perform certain
services hereinafter described in accordance with the provisions of this Agreement; and
WHEREAS, the City finds that Energy Northwest is qualified to perform the
services, all relevant factors considered, and that such performance will be in furtherance
of the City's business; and
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and
intending to be legally bound, the parties hereto agree as follows:
1. SERVICES
Energy Northwest agrees to perform the services as set forth in the proposal titled
"Energy Northwest Morse Creek SCADA Upgrade Proposal," dated October 6, 2009
( "Proposal ").
The period of performance under this Agreement shall run through December
31, 2010; provided, that within 60 days of the last date identified on the signature
lines of this Agreement, if Energy Northwest has been unable to negotiate an
agreed to contract with the Vendor identified in the Proposal, Energy Northwest
may terminate this Agreement upon ten (10) days written notice to the City at no
cost to either party.
2. PAYMENT AND INVOICING TERMS
2.1 Payment for Services The City shall pay Energy Northwest as follows:
Charges will be invoiced to the City by Energy Northwest and will provide detail
on the number of hour's chargeable, travel and subsistence charges, and any
special services delivered as they are ordered /approved by the City.
2.2 Reimbursable Costs The City shall reimburse Energy Northwest all costs
incurred in connection with the Services rendered, including, but not limited to,
travel costs, subcontractors, materials (subcontract and materials costs include
the supplier's invoiced cost to Energy Northwest plus Energy /Business Systems
Overhead charge), computer costs, telephone, copies, delivery that are
attributable to a project or Service (the "Reimbursable Costs "); provided,
however, the total compensation to Energy Northwest for the Services shall not
exceed $42,750.00. Energy Northwest shall provide substantiation of
Reimbursable Costs incurred to the City.
2.3 Invoicing Invoices will be submitted monthly by Energy Northwest for payment by
the City. Payment is due upon receipt and is past due thirty (30) days from
receipt of invoice. If the City has any valid reason for disputing any portion of an
invoice, it will so notify Energy Northwest within seven (7) calendar days of
receipt of invoice by the City, and if no such notification is given, the invoice will
be deemed valid. The portion of an invoice which is not in dispute shall be paid in
accordance with the procedures set forth herein.
3. CHANGES
Any attorney fees, court costs, or other costs incurred in collection of delinquent
accounts shall be paid by the City.
2.4 Taxes The City shall pay all state, local sales and use taxes applicable to goods
and services provided under this Agreement. Energy Northwest shall include
sales tax charges, separately identified, in the Energy Northwest invoices to the
City.
2.5 Prevailing Wages. The Services shall be conducted by Energy Northwest
supplemental personnel paid at least prevailing wages, as stated in RCW Title
39.
The City may, with the approval of Energy Northwest, issue written directions within
the general scope of the Services. Such changes (the "Change Order ") may be for
additional work or Energy Northwest may be directed to change the direction of the
work, but no change will be allowed unless agreed to by Energy Northwest in writing.
4. STANDARD OF CARE
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Energy Northwest warrants that the Services shall meet or exceed industry
standards. No other representation, express or implied, and no warranty or
guarantee are included or intended in this Agreement, or in any report, opinion,
deliverable, work product, document or otherwise. THIS SECTION SETS FORTH
THE ONLY WARRANTIES PROVIDED BY ENERGY NORTHWEST CONCERNING
THE SERVICES AND RELATED WORK PRODUCT. THIS WARRANTY IS MADE
EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE.
5. LIABILITY
a. Energy Northwest shall indemnify and save harmless the City or its
representatives from and against any and all liability arising from injury or death of
persons or damage to property to the extent caused by any negligent act or
omission of Energy Northwest, its agents, representatives or employees, including
any and all expense, legal or otherwise incurred by the City or its representatives in
the defense of any claim or suit relating to such injury or damage. This
indemnification does not apply to liability arising from the negligence of the City or
its representatives.
b. The City shall indemnify and save harmless Energy Northwest or its
representatives from and against any and all liability arising from injury or death
of persons or damage to property to the extent caused by any negligent act or
omission of the City, its agents, representatives or employees, including any
and all expense, legal or otherwise incurred by Energy Northwest or its
representatives in the defense of any claim or suit relating to such injury or
damage. This indemnification does not apply to liability arising from the
negligence of Energy Northwest or its representatives.
c. For the purpose of fulfilling this indemnity obligation to the City and its representatives,
Energy Northwest hereby waives any and all immunity rights or protections created by the
Workers' Compensation Act and further agrees that this indemnity agreement shall apply
to, but shall not be limited to, actions brought by its own employees. The City and Energy
Northwest agree that for actions brought by Energy Northwest's employees where Energy
Northwest is the sole defendant, Energy Northwest has not waived its Industrial
Insurance Act immunity rights or protections. ENERGY NORTHWEST HEREBY
ACKNOWLEDGES THIS INDEMNITY PROVISION WAS MUTUALLY NEGOTIATED
AND AGREED TO BY BOTH PARTIES.
c. As used in this provision, the phrase "any and all expense" includes, but is not
limited to claims, suits, judgments or proceedings for services, taxes, Tabor
performed, materials furnished, provisions and supplies, board and room, liens,
medical expense, pain and suffering, bodily injury, death, loss of earnings, loss of
consortium, garnishments, court costs and attorney's fees (including those required
3
to seek enforcement of this Contract), costs of replacements, cost of repair, and
other costs including reasonable cost of defense.
e. Under no circumstances shall either party be liable to the other, whether in contract,
in tort (including negligence), strict liability, under any warranty, or under any other
legal or equitable theory of law, for any special, indirect, incidental, or consequential
Toss or damage whatsoever. The foregoing waiver shall include specifically, but
without limitation, losses by the City, which result from the loss of power production,
cost of capital, loss of profits or revenues or the loss of use thereof, cost of
purchased or replacement power (including additional expenses incurred in using
existing power facilities) or claims of any customers of the City.
f. Energy Northwest's cumulative liability to the City under this Agreement is limited to
applicable insurance proceeds and the assets of the Business Development Fund of
Energy Northwest. Obligations of the Energy Northwest Business Development
Fund are not, nor shall they be construed as, general obligations of Energy
Northwest or other Energy Northwest projects or funds.
6. MISCELLANEOUS
6.1 Insecurity and Adequate Assurances If reasonable grounds for insecurity arise
with respect to the City's ability to pay for the Services in a timely fashion, Energy
Northwest may demand in writing adequate assurances of the City's ability to meet
its payment obligations under this Agreement. Unless the City provides the
assurances in a reasonable time and manner acceptable to Energy Northwest, in
addition to any other rights and remedies available, Energy Northwest may partially
or totally suspend its performance while awaiting assurances, without liability to the
City.
6.2 Severabilitv Should any part of this Agreement for any reason be declared
invalid, such decision shall not affect the validity of any remaining provisions, which
remaining provisions shall remain in full force and effect as if this Agreement had
been executed with the invalid portion thereof eliminated, and it is hereby declared
the intention of the parties that they would have executed the remaining portion of
this Agreement without including any such part, parts, or portions which may, for any
reason, be hereafter declared invalid Any provision shall nevertheless remain in full
force and effect in all other circumstances.
6.3 Modification and Waiver Waiver of breach of this Agreement by either party shall
not be considered a waiver of any other subsequent breach.
6.4 Independent Contractor Energy Northwest is an independent contractor to the
City.
6.5 Notices All notices or other communications hereunder shall be in writing and
4
shall be deemed given when delivered to the address specified below or such other
address as may be specified in a written notice in accordance with this Section.
If to the Energy Northwest:
Energy Northwest
Attn: Jack A. Barnaby, Procurement, M/D 1040
P. O. Box 968
Richland, WA 99352 -0968
Telephone: (509) 377 -4799
Fax: (509) 377 -5014
Email: jabarnaby @energy- northwest.com
If to the City
City of Port Angeles
Attn: Larry Dunbar, Deputy Director of Power Systems
P.O. box 1150
Port Angeles, WA 98362
Telephone: (360) 417 -4710
Fax: (360) 417 -4709
Any party may, by notice given in accordance with this Section to the other parties,
designate another address or person or entity for receipt of notices hereunder.
6.6 Assianment The Agreement is not assignable or transferable by either party
without the written consent of the other party, which consent shall not be
unreasonably withheld or delayed.
6.7 Disputes Energy Northwest and the City recognize that disputes arising under
this Agreement are best resolved at the working level by the parties directly involved.
Both parties are encouraged to be imaginative in designing mechanism and
procedures to resolve disputes at this level. Such efforts shall include the referral of
any remaining issues in dispute to higher authority within each participating party's
organization for resolution. Failing resolution of conflicts at the organizational level,
then the parties may take other appropriate action subject to the other terms of this
Agreement.
6.8 Section Headings Title and headings of sections of this Agreement are for
convenience of reference only and shall not affect the construction of any provision of
this Agreement.
6.9 Representations: Counterparts Each person executing this Agreement on behalf
of a party hereto represents and warrants that such person is duly and validly
authorized to do so on behalf of such party, with full right and authority to execute
this Agreement and to bind such party with respect to all of its obligations hereunder.
5
6 10 Residuals Nothing in this Agreement or elsewhere will prohibit or limit Energy
Northwest's ownership and use of ideas, concepts, know -how, methods, models,
data, techniques, skill knowledge and experience that were used, developed or
gained in connection with this Agreement. Energy Northwest and the City shall each
have the right to use all data collected or generated under this Agreement.
6.11 Non - solicitation of Employees During and for one (1) year after the term of this
Agreement, the City will not solicit the employment of, or employ Energy Northwest's
personnel, without Energy Northwest's prior written consent
6.12 Cooperation The City will cooperate with Energy Northwest in taking actions
and executing documents, as appropriate, to achieve the objectives of this
Agreement. The City agrees that Energy Northwest's performance is dependent on
the City's timely and effective cooperation with Energy Northwest. Accordingly, the
City acknowledges that any delay by the City may result in Energy Northwest being
released from an obligation or scheduled deadline or in the City having to pay extra
fees for Energy Northwest's agreement to meet a specific obligation or deadline
despite the delay.
6 13 Governing Law and Construction This Agreement will be governed by and
construed in accordance with the laws of Washington, without regard to the
principles of conflicts of law Each party agrees that any action arising out of or in
connection with this Agreement shall be brought solely in courts of the State of
Washington, in Ciailam County.
6.14Entire Agreement This Agreement, including any Exhibits, states the entire
Agreement between the parties and supersedes all previous contracts,
proposals, oral or written, and all other communications between the parties
respecting the subject matter hereof, and supersedes any and all prior
understandings, representations, warranties, agreements or contracts (whether
oral or written) between the City and Energy Northwest respecting the subject
matter hereof. This Agreement may only be amended by an agreement in
writing executed by the parties hereto.
6 15 Survival Articles 4 and 5 survive the expiration or termination of this Agreement
for any reason
6.16 Force Maieure Energy Northwest shall not be responsible for delays or failures
(including any delay by Energy Northwest to make progress in the prosecution of any
Services) if such delay arises out of causes beyond its control Such causes may
include, but are not restricted to, acts of God or of the public enemy, fires, floods,
epidemics, riots, quarantine restrictions, strikes, freight embargoes, earthquakes,
electrical outages, computer or communications failures, and severe weather, and
acts or omissions of subcontractors or third parties.
6
6.17 Use By Third Parties Work performed by Energy Northwest pursuant to this
Agreement are only for the purpose intended and may be misleading if used in
another context. The City agrees not to use any documents produced under this
Agreement for anything other than the intended purpose without Energy Northwest's
written permission. This Agreement shall, therefore, not create any rights or benefits
to parties other than to the City and Energy Northwest.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year last below written:
ENERGY NORTHWEST CITY OF PORT ANGELES
Nam . Jack A. Barnaby Name:
Title: Principal Contracting Officer Title:
Date: / alzv5 Date:
7
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Energy Northwest
Morse Creek SCADA Upgrade Proposal
(October 6, 2009)
Energy Northwest (EN) has met with the City of Port Angeles (PA) and toured the
Morse Creek Hydroelectric Project. The purpose of the tour was to coordinate
the development of a plan for installing new communication and control capability
at the Powerhouse so the site could operate at lower water conditions than the
current control strategy, and be monitored and started remotely, thus reducing
labor costs The primary activity for this scope of work is to install, program and
test a programmable logic controller (PLC) to control the Morse Creek Hydro
Station and interface to the existing City SCADA system.
SCADA 1 PLC
1 EN will utilize the information provided by City of PA to commission a
qualified Vendor to upgrade their current Survalent SCADA system and
provide remote PLC capabilities for response and control of the project. EN
shall invite Powerbase Energy Systems, Inc and other qualified vendors to
submit a proposal under this project
2 City of PA has provided the initial component list and data points that will be
required to monitor or operate specific components.
3. City of PA has provided the specific set points or operating ranges for these
components
a) See page 2 for Status and Control Points
b) See Page 3 for Analog Points
4. Vendor will program the SCADA using these data points, as provided by the
City of PA and install /test the completed system. The proposed location of
additional data points shall be included in the Vendor proposal.
5. The stream flow rate at the diversion dam shall have an operational range of
a minimum of 0 cubic feet per second (cfs) to a maximum of 1,500 cfs.
6 The ramping rate in the anadromous portion of Morse Creek shall have an
operational range of measuring changes in stream height of between 0 -4
inches per hour SCADA monthly ramping set points shall correspond to
the FERC license
7 Water temperature shall have an operational range of 0 -20 degrees Celsius.
SCADA set points shall be in accordance with the FERC license
8 Generator needle valves shall be programmed to reduce generator output to
as low as 50% of the generator rating, to allow hydro operation when
minimum in stream flows are present
9. Vendor proposal shall include use of existing Qwest phone Pine for
communications and identify requirements and specifications for any City
provided computer hardware and software.
10 The SCADA system shall be capable of providing hourly history for each
control point
11. The SCADA system and data points shall be capable of complying with the
City's FERC license ramping rates and minimum inflow flows
1
Energy Northwest
Morse Creek SCADA Upgrade Proposal
(October 6, 2009)
Deliverables
1 Provide a fully functional and operational SCADA interface (including but not
limited to interface to PLC and phone line, phone line to City server, and
visual image on City SCADA system) and obtain a vendor proposal.
2 Prepare a summary of the functional capabilities of the proposed system
3. Provide licensed copy of SCADA software
4 Provide as built drawings for the installed system
5. Provide system component manuals as required
6 Provide SCADA system programming and scheduling to comply with the
City's FERC license including monthly minimum in- stream flows and
maximum ramping rates
7. Provide Vendor supported training on system operation and troubleshooting
to City of PA personnel as necessary
8. Provide a report documenting as found and as left conditions.
Any adverse conditions encountered, during the commission of this work, will be
immediately brought to the attention of the CITY of PA authorized representative
PA Responsibilities
1. Lock out/tag out orders are to be provided by the City of PA and cover all
aspects of the work
2. All system lock out/tag outs required to perform this work will be researched
and completed by qualified personnel from the City of PA
3. House power should be available during this work for test equipment
4. Temporary sanitary facilities may be required at the work site
5. Review the functional capabilities of the proposed system, the SCADA
interface design, vendor proposal, and completed project including as builts.
2
C: \DOCUME- 111dunbar \LOCALS- 11Temp1XPgrpwise\SCADA Control Points 100609
STATUS AND CONTROL POINTS
Point Name I Type
1 Fire Detected Ilnput
12 Excess Vibration Ilnput
13 Low Oil Level 'Input
4 Over Speed I Input
5 DC Under Voltage Ilnput
6 RTU Battery Failure Ilnput
17 RTU Carrier Failure Ilnput
18 Powerhouse Battery Charger Failure !Input
9 Powerhouse Carrier Failure 'Input
10 Inverter Failure !Input
11 Sluice Gate Open (Future Indicator) Ilnput
12 Sluice Gate Closed !Input
13 Intake Valve Open Ilnput
14 Intake Valve Closed Ilnput
15 Intake Screen Alarm Ilnput
16 Flood Alarm Ilnput
117 Under /Over Voltage (59/27) Ilnput
118 Over Frequency (81) I Input
119 Negative Phase Sequence (47) (Input
20 Over Current (52g) Ilnput
21 Reverse Power (32) Ilnput
22 Over Temp I Input
23 Open Intake Valve (Control Output
124 Close Intake Valve 'Control Output
125 Open Needle Valve #1 'Control Output
126 Close Needle Valve #1 (Control Output
27 Open Needle Valve #2 'Control Output
28 Close Needle Valve #2 'Control Output
29 Intake Valve Open lOutput Status
30 Intake Valve Closed (Output Status
Source
120vdc
120vdc
120vdc
120vdc
120vdc
120vdc
120vdc
120vdc
120vdc
120vdc
120vdc
120vdc
120vdc
120vdc
120vdc
120vdc
120vdc
120vdc
120vdc
120vdc
NOTES: NO "Normally Open" position --
Comp. Position
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
Point Name
1 JStream flow - Diversion Dam
21 Penstock flow- Diversion
3IPenstock flow - Tailrace
4IPUD penstock draw
5lSluice gate position
6JNeedle valve #1 position
7INeedle valve #2 position
8lPenstock pressure
9 +Generator RPM
10IWatts Output
111Vars
12lIntake screen level
13lWinding temp #1 OA
14jWinding temp #2 OB
151Winding temp #3 OC
16lWinding temp #4 OA
17lWinding temp #5 OB
18lWinding temp #6 OC
19IFront bearing temp
20IRear bearing temp
21 jTransformer temp
22lBuilding inside temp
23 l Outside temp
24l Intake water temp
25ITailrace water temp
26lStream flow - Downstream Generator
27lGenerator Voltage
1 28l Generator Current
1 29lGenerator Frequency
ANALOG POINTS
Input
4/20ma
4 /20ma
4/20ma
4 /20ma
4 /20ma
4 /20ma
4 /20ma
4 /20ma
4/20ma
4 /20ma
4 /20ma
4 /20ma
4 /20ma
4 /20ma
4 /20ma
Span
0 -22
0 -22
0 -2
0 -31
0 -100
0 -100
0 -200
0 -1200
0 -200
0 -200
0 -200
0 -200
0 -200
0 -200
0 -200
0 -200
0 -200
0 -22
0 -600
0 -800
0 -70
Measurement
CFS
CFS
CFS
Inches
Percent
Percent
PSI
RPM
KW
Inches
Deg. C
Deg. C
Deg. C
Deg. C
Deg. C
Deg. C
Deg. C
Deg. C
Deg. C
Deg. F
Deg. F
Deg. F
Deg. F
CFS
Volts
Amps
Hz
Future for fail safe
Future
From Jem Meter
From Jem Meter
Differential from stream flow
10 ohm copper RTD
10 ohm copper RTD
10 ohm copper RTD
10 ohm copper RTD
10 ohm copper RTD
10 ohm copper RTD
10 ohm copper RTD
10 ohm copper RTD
10 ohm copper RTD
Future RTD
Future RTD
Future RTD
Future RTD
Future RTD
Future RTD
Future RTD
Future RTD
AMENDMENT TO
INTERAGENCY/ INTERLOCAL AGREEMENT X -40464
BETWEEN
ENERGY NORTHWEST
AND
CITY OF PORT ANGELES
WHEREAS, the City of Port Angeles, a municipal corporation of the State of Washington,
(hereinafter "City"), and Energy Northwest, doing business by and through its Business
Development Fund, a municipal corporation and joint operating agency of the State of Washington
(hereinafter "Energy Northwest entered into an Interlocal Agreement dated December 28, 2009
for Technical Services; and
WHEREAS, the City of Port Angeles and Energy Northwest have agreed that an amendment
to their Interlocal Agreement is appropriate;
NOW, THEREFORE, the Parties agree to amend the Interlocal Agreement by amending the
following sections:
1. Section 1 of the Interlocal Agreement is amended by adding to it the following
paragraph:
In addition, Energy Northwest agrees to perform the services as set forth in the
proposal titled "Energy Northwest Morse Creek Hydro Plan Development which
is marked Exhibit 1, attached hereto, and incorporated herein by this reference.
2. Section 2.1 Payment for Services of the Interlocal Agreement is hereby amended in
its entirety to read as follows:
The City shall pay Energy Northwest as follows:
For the work done pursuant to the proposal titled "Energy Northwest Morse Creek
SCADA Update Proposal The City shall make payments to Energy Northwest in
accordance with paragraph 2.2 below. Charges for this work will be invoiced to the
City by Energy Northwest and will provide detail on the number of hours chargeable,
travel, and subsistence charges, and any special services delivered as they are
ordered/approved by the City.
For the work done by pursuant to the proposal titled "Energy Northwest Morse Creek
Hydro Plan Development," the City shall pay Energy Northwest a single, lump -sum
payment, which will be due upon satisfactory completion, in the amount of
$10,945.00.
I
IN WITNE the City of Port Angeles and Energy Northwest have executed this
amendment this day of 2010.
CITY OF PORT ANGELES
By: 4
Except as herein amended above, the Interlocal Agreement is hereby confirmed and ratified.
ATTEST:
ayor Dan Di uilio
Jamid Hurd, City Clerk
APPROVED AS TO FORM:
William E. Bloor, City Attorney
ENERGY NORTHWEST
B y "Adad
G \Legal_Backup\AGREEMENTS &CONTRACTS \2010 Agrmts &Contracts\Amendment EnergyNorthwest 01 13 10 wpd
Exhibit 1
Energy Northwest Morse Creek Hydro Plan Development
The City is required by its Amended FERC Operating License, No. 6461 -205, and by the
Washington Department of Ecology and by its Washington Department of Ecology 401 Water
Quality Certification, No. 6106, to adopt the following plans:
1. Spill Prevention Control and Counter Measures Plan (SPCC); and
2. Storm Water Pollution Prevention Plan (SWPPP).
Energy Northwest shall do all research, preparation, development and writing of a SPCC and
a SWPPP for the City's Morse Creek Hydro electric facility. The SPCC and SWPPP prepared by
Energy Northwest must be complete and meet all of the requirements and conditions of the City's
Amended FERC Operating License and the City's 401 Water Quality Certification. In addition, the
Plans produced by Energy Northwest must be satisfactory to and accepted by the City.
Energy Northwest shall complete all work and preparation of these Plans not later than
December 31, 2010.
AMENDMENT NUMBER TWO TO
INTERAGENCY /INTERLOCAL AGREEMENT X -40464
BETWEEN
ENERGY NORTHWEST
AND
CITY OF PORT ANGELES
THIS AMENDMENT is made by the City of Port Angeles, a municipal
corporation of the State of Washington, (hereinafter "City and Energy
Northwest, doing business by and through it Business Development Fund, a
municipal corporation and joint operating agency of the State of Washington
(hereinafter "Energy Northwest
WHEREAS, the City and Energy Northwest entered into an Interlocal
Agreement dated December 28, 2009 for Technical Services, which is
incorporated herein by this reference; and
WHEREAS, the City and Energy Northwest entered into an Amendment to
Interlocal Agreement dated January 19, 2010, which also is incorporated herein
by reference; and
WHEREAS, the City and Energy Northwest have agreed that further
amendment to their Interlocal Agreement is appropriate:
NOW, THEREFORE, the Parties agree to amend the Interlocal Agreement
by amending the following section:
1. Section 2.2 Reimbursable Costs is amended as follows:
The City shall reimburse Energy Northwest all costs incurred in
connection with the Services rendered, including, but not limited to,
travel costs, subcontractors, materials (subcontract and materials
costs include the supplier's invoiced cost to Energy Northwest plus
Energy /Business Systems Overhead charge), computer costs,
telephone, copies, delivery that are attributable to a project or
Service (the "Reimbursable Costs provided, however, the total
compensation to Energy Northwest for the Services shall not exceed
$48,370.00. Energy Northwest shall provide substantiation of
Reimbursable Costs incurred to the City.
2. Except as herein amended above, the Interlocal Agreement is
hereby confirmed and ratified.
IN WITNESS WHEREOF, the City of Port Angeles apd Energy Northwest
have executed this amendment this ‘20' day of CJu -�i_ 2010.
CITY OF PORT ANGELES
By:
City Manager t Myers
ATTEST:
sa Hurd, City Clerk
APPROVED AS TO FORM:
William E. Bloor, City Atforhey
By:
ENERGY NORTHWEST
Jack AAEarnaby
Title: Principal Contracting Officer
AMENDMENT TO
INTERAGENCY/ INTERLOCAL AGREEMENT X -40464
BETWEEN
ENERGY NORTHWEST
AND
CITY OF PORT ANGELES
WHEREAS, the City of Port Angeles, a municipal corporation of the State of Washington,
(hereinafter "City and Energy Northwest, doing business by and through its Business
Development Fund, a municipal corporation and joint operating agency of the State of Washington
(hereinafter "Energy Northwest entered into an Interlocal Agreement dated December 28, 2009
for Technical Services; and
WHEREAS, the City of Port Angeles and Energy Northwest have agreed that an amendment
to their Interlocal Agreement is appropriate;
NOW, THEREFORE, the Parties agree to amend the Interlocal Agreement by amending the
following sections:
1. Section 1 of the Interlocal Agreement is amended by adding to it the following
paragraph:
In addition, Energy Northwest agrees to perform the services as set forth in the
proposal titled "Energy Northwest Morse Creek Hydro Plan Development which
is marked Exhibit 1, attached hereto, and incorporated herein by this reference.
2. Section 2.1 Payment for Services of the Interlocal Agreement is hereby amended in
its entirety to read as follows:
The City shall pay Energy Northwest as follows:
For the work done pursuant to the proposal titled "Energy Northwest Morse Creek
SCADA Update Proposal the City shall make payments to Energy Northwest in
accordance with paragraph 2.2 below. Charges for this work will be invoiced to the
City by Energy Northwest and will provide detail on the number of hours chargeable,
travel, and subsistence charges, and any special services delivered as they are
ordered /approved by the City.
For the work done pursuant to the proposal titled "Energy Northwest Morse Creek
Hydro Plan Development," the City shall pay Energy Northwest a single, lump -sum
payment, which will be due upon satisfactory completion, in the amount of
$10,945.00.
Except as herein amended above, the Interlocal Agreement is hereby confirmed and ratified.
IN WITNESS WHEREOF, the City of Port Angeles and Energy Northwest have executed this
amendment this Pi day of 2010.
CITY OF PORT ANGELES
ayor Dan Di uilio
ATTEST:
a Hurd, City Clerk
APPROVED AS TO FORM:
William E. Bloor, City Attorney
G Legal _Backup'AGREEMENTS &CONTRACTS\2010 Agrmts &Contracts\Amendment EnergyNorthwest 01 13 10 wpd
ENERGY NORTHWEST
By: G /i4
Tifle: Al L
/Y�v lP �l IUD
Exhibit 1
Energy Northwest Morse Creek Hydro Plan Development
The City is required by its Amended FERC Operating License, No. 6461 -205, and by the
Washington Department of Ecology and by its Washington Department of Ecology 401 Water
Quality Certification, No. 6106, to adopt the following plans:
1. Spill Prevention Control and Counter Measures Plan (SPCC); and
2. Storm Water Pollution Prevention Plan (SWPPP).
Energy Northwest shall do all research, preparation, development and writing of a SPCC and
a SWPPP for the City's Morse Creek Hydro electric facility. The SPCC and SWPPP prepared by
Energy Northwest must be complete and meet all of the requirements and conditions of the City's
Amended FERC Operating License and the City's 401 Water Quality Certification. In addition, the
Plans produced by Energy Northwest must be satisfactory to and accepted by the City.
Energy Northwest shall complete all work and preparation of these Plans not later than
December 31, 2010.
ENERGY
NORTHWEST
February 10, 2010
Larry Dunbar
Deputy Director of Power Systems
Public Works Utilities Department
P.O. Box 1150
City of Port Angeles, WA 98362 -0217
Mr. Dunbar:
Subject:: Modification One to Interagency -Local Agreement Number X -40464
Enclosed is your copy of the subject contract modification signed by an authorized
representative of Energy Northwest.
Yours truly,
Jack H. Barnaby, M 40
Principal Contracting Officer
Enclosures
Jack A. Barnaby
Procurement, Energy Business Services
P.O. Box 579, 1040
Richland, WA 99352 -0968
Ph.509.377.4799 F.509.372.5014
jabamaby@energy-northwest.com
E CEIIV
J 1 f_3 16
010
City of Port Public Works and Utilities s Dept
Engineenng Services Division