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5.181 Original Contract
O 3)4 o g$ 4 it 0 4i Ell H to i.3 ri a) O O .0 O -0 000 w >1 4) 4 r1 01 H O rI CH 0 Z 4i t 0 t711.4 to o U to 0 G) ).i +t •-i .0 9 0 q4 0) Z O O 0 O '00 E 004) a) A� A4 0+ U U •,i ?i b cd -P g -P )-f-r1 CI +I O 0 U 4 o SENDER: Complete items 1, 2, 3, and 4. Add your address In the "RETURN TO" space on reverse. (CONSULT POSTMASTER 'FOR FEES) 1. The following service Is requested (check one). lig to whom and date delivered Show to whom, date, and address of delivery 2. RESTRICTED DELIVERY (The restricted delivery tee is charged in addition to the return receipt tee.) TOTAL 3. ARTICLE ADDRESSED TO. E'leetri Cons +r act; o rI eo'• A irk); f tA Roo) P. 13Auoeie D n O r 4 r1. /0230 Q 7lin OR OW 4. TYPE OF SERVICE: ARTICLE NUMBER REGISTERED 0 INSURED P (816 343 y9 CERTIFIED COD EXPRESS MAIL (Always obtain signature of addressee or agent) I have received the article described above. SIGNATURE El ❑Authorized agent i ff -1 5 '�()1ffE OF DELpY i POSTMARK (may be on ranee side) i i-. 6. ADDRESSEE'S ADDRESS (Only Tea' tad) 7. UNABLE TO DELIVER BECAUSE: 7a. EMPLOYEE'S INITIALS it GPO: 1982-379.593 1 2 3 4 5 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF CLALLUM 6 RI ECEIVE W -6 PORT ANGELES CITY ATTORNE 7 CEDAR RIDGE CONSTRUCTION, Inc., a Washington corporation, 8 Plaintiff, 9 vs. SUMMONS FOR COMPLAINT FOR BREACH OF CONTRACT 10 CITY OF PORT ANGELES, a municipality organized under 11 the laws of Washington, 12 Defendant. 13 14 TO THE DEFENDANT CITY OF PORT ANGELES: A lawsuit has 15 been started against you in the above entitled court by CEDAR 16 RIDGE CONSTRUCTION, Inc., plaintiff. Plaintiffs' claim is stated 17 in the written complaint, a copy of which is served upon you with 18 this summons. 19 20 In order to defend against this lawsuit, you must 21 respond to the complaint by stating your defense in writing, serve 22 a copy upon the person signing this summons within 20 days after 23 the service of this summons, excluding the day of service, and 24 file a copy with the court named above. If pY you do not, a default 25 ud ment may be entered against j g y g you without prior notice. A 26 27 28 SUMMONS -1- LJLIN, DANN, ELSTON L'.1BE 1 PI (ff..\ \l .LR\ I( 1 (((HP(i.. i i♦ 1)4i.� ((ILl MHIA l t \'I K 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 default judgment is one where plaintiffs are entitled to what they ask for because you have not responded. If you serve a notice of appearance on the undersigned person, you are entitled to notice before a default judgment may be entered. A copy of all respon- sive pleadings must be filed with the court. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served and filed with the court on time. 28 SUMMONS -2- DATED this 26 day of CC p„1jV 1988. ULIN, DANN, ELSTON LAMBE By <AA, Craig MAginussory/ Attorney$/ for Plaintiff Cedar Ridge Construction, Inc. ULIN, DANN, L. -TON LAMBE PR( qt. N1I( 1\ 11 l t t t t (k V( 'k 1I 4M1 t1i(l11l \i N.1l f\1fk 1 2 3 4 5 6 12 14 15 16 17 18 19 20 23 25 28 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF CLALLUM 7 CEDAR RIDGE CONSTRUCTION, Inc., a Washington corporation, 8 9 vs. Plaintiff, 10 CITY OF PORT ANGELES, a municipality organized under 11 the laws of Washington, 13 Defendant. Plaintiff, by and through its undersigned attorneys, alleges for its causes of action against the Defendant as follows: ALLEGATIONS COMMON TO ALL CLAIMS 1. Plaintiff, Cedar Ridge Construction, Inc. (hereinafter "Cedar Ridge is and at all times material hereto 21 has been a corporation organized under the laws of Washington and 22 a registered contractor, registration No. CEDARRC192RZ. 2. Cedar Ridge has performed all conditions precedent 24 to the maintenance of this action. COMPLAINT FOR BREACH OF CONTRACT JURY DEMAND 3. Defendant, City of Port Angeles (hereinafter 26 C i ty is a municipal corporation organized and existing 27 pursuant to and under the laws of the State of Washington. iCOMPLAINT FOR BREACH OF CONTRACT 1 ULIN, D� A NK 0 t''ll L LSTON JAMBE l t iK■ (KAI r. ini x t i(1 \t ril A f t I f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Pursuant to RCW 4.12.025, venue is proper in this court because the project and the defendant City are located in Clallam County. 5. On or about July 11, 1986, the City entered into a contract with Cedar Ridge whereby Cedar Ridge agreed to act as the prime contractor for the Morris Creek Hydroelectric Project, contract 533 -2 Civil Works Construction. 6. Cedar Ridge relied upon the project plans and specifications in arriving at its bid for the Morris Creek Hydroelectric Project and in scheduling its method, manner and time of performance. 7. During the course of Cedar Ridge's involvement with the project, the City directed Cedar Ridge to perform certain extra work in addition to the original work specified in the contract between the City and Cedar Ridge. 8. Cedar Ridge performed this extra work resulting in increased costs to Cedar Ridge in excess of $33,000. 9. Cedar Ridge has completed performance of its contract with the City. 10. The City has not compensated Cedar Ridge for the extra work the City directed Cedar Ridge to perform. 11. The City has failed to pay contract retainage funds due and owing Cedar Ridge. FIRST CLAIM FOR RELIEF BREACH OF CONTRACT 12. Cedar Ridge incorporates herein and realleges as if fully set forth paragraphs 1 through 11, above. COMPLAINT FOR BREACH OF CONTRACT 2 ULIN, DANN, ELSTON LAMBE 14141 I{t "II l \i! ,lk \II 1 1 111f'l ■11 4JIM1(1111 \IFf1aI t', ;I4 1 2 the extra work the City directed Cedar Ridge to perform. 3 4 contract balance and retainage funds at the completion of the 5 contract. 6 7 failing to pay Cedar Ridge for the extra work it performed and 8 by failing to pay contract retainage funds due and owing to Cedar 9 Ridge. 10 13. The City has a duty to timely pay Cedar Ridge for 14. The City has a duty to timely pay Cedar Ridge its 15. The City breached its contract with Cedar Ridge by 16. As a direct and proximate result of the City's 11 breaches, acts and omissions, Cedar Ridge has been damaged in an 12 amount to be proven at trial, including funds held in retainage 13 and funds due and owing for extra work. 14 15 16 fully set forth paragraphs 1 through 16 above. 17 18 reliance on those promises, Cedar Ridge's performance of extra 19 work, and the facts and circumstances herein, implied contract(s) 20 exist between Cedar Ridge and the City for extra work performed by 21 Cedar Ridge. 22 23 Cedar Ridge reasonably expected full compensation for its work 24 including a substantial profit, payment of overhead expenses, and 25 interest. 26 27 28 COMPLAINT FOR BREACH 'OF CONTRACT 3 11 I I SECOND CLAIM FOR RELIEF IMPLIED CONTRACT 17. Cedar Ridge incorporates herein and realleges as if 18. As a result of the City's promises, Cedar Ridge's 19. As a result of the City's promises and discussions, ULIN, DANN, ELSTON LAMBE 4 PR( If t,,I R\ It t (i K 411i wi iI1 \(HI .',K 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20. The City breached the implied contract(s) by failing to pay Cedar Ridge for the extra work Cedar Ridge performed. 21. As a result of the City's breach of the implied contract(s), Cedar Ridge suffered damages in an amount to be proven at trial. 22. In order to prevent injustice, it is necessary that Cedar Ridge be awarded damages on the basis of the implied contract(s) between it and the City. 23. Cedar Ridge's implied contract(s) claim is in the alternative to its contract claim. THIRD CLAIM FOR RELIEF QUANTUM MERUIT 24. Cedar Ridge incorporates herein and realleges as if fully set forth paragraphs 1 through 23 above. 25. The City directed Cedar Ridge to perform changes which were not covered by the contract, which were not within contemplation of the parties, and which resulted in extra work and additional costs to Cedar Ridge. 26. The City, although requested to do so, has not paid Cedar Ridge for the above mentioned extra work, and refuses to do so. 27. The reasonable value of the extra work performed by Cedar Ridge on behalf of the City will be proven at trial. 28. Cedar Ridge is entitled to recover the value of this extra work, from which the City benefited, under the Doctrine of quantum meruit. 28 COMPLAINT FOR BREACH OF CONTRACT 4 I OLIN, DANN, ELSTON LAMBE PRI 01W( IN sd 4 F N\ ICI I I IRF'' II 4I II I♦ 411111 I IIC \113141 F` 11 TI" >\1N1 F .1 \.1 `.1 I• Ie 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I 29. Cedar Ridge's quantum meruit claim is in the alternative to its contract and implied contract claims. PRAYER FOR RELIEF WHEREFORE, Cedar Ridge prays for judgment against the City as follows: 1. For the sum of not less than $33,577, plus all funds held in contract retainage. 2. For interest, costs, reasonable attorney's fees, and such further and additional relief as the court may deem just and proper. 28 COMPLAINT FOR BREACH OF CONTRACT 5 DATED this 21(0 day of cb+ bev ULIN, DANN, ELSTON LAMBE 1988 By Craig Magnusso Attorne's for the Plaintiff Cedar Ridge Construction, Inc. UIIN, DANN, ELSTON LAMBE PHI 4 f,,I( \t \t H\ •l l t ()H W IH I .11 (t O t I f11 1 1 1 4 Contractor: contract: FORM REV 31 0028 (3 -85) State of Washington Department of Revenue Audit Procedures Administration Olympia, Washington 98504-0090 BRUCH BRUCH CONSTRUCTION 228 HIGHWAY 101 WEST PORT ANGELES WA 98362 Certificate of Payment of State Excise Taxes by Public Works Contractor 600 468 712 E v J 1 dry oF L P V f ;GE PWC 727 DEPT. gad We hereby certify that taxes, increases and penalties di,>,e or to become due from the above named contractor under Chapter 180, Laws of 1935, as amended, with respect to the following public works CITY OF PORT ANGELES LANDSLIDE REPAIR MORSE CRK HYDRO PROJECT together with all other taxes, increases and penalties due from such contractor, have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the state's lien on the retained percentage. This certificate is issued pursuant to the provisions of Chapter 60.28 Revised Code of Washington for the sole purpose of informing the state, county or municipal officer charged with the duty of disbursing or authorizing the payment of public funds to said contractor that the Department of Revenue hereby releases the state's lien on the retained percentage provided by this Chapter for ex- cise taxes due from said contractor. This certificate does not release said contractor from liability for additional tax which may be later determined to be due with respect to the above mentioned contract or other activities. Date at Olympia, Washington, aa-FA1 STATE OF WASHINGTON EPART ENT OF REVENUE SUE ORRIS Certifying Officer ROUTING White Copy Disbursing Officer, Canary Copy— Contractor, Pink Copy —File, Goldenrod Copy Special File. 3 JOSEPH A DEAR Director June 3, 1988 City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 ACCOUNT ID: 455,901 -00 -9 Contract No. 533 -3 Very truly yours, iP VO4- ;.0 Kaye KjorlaugL- Administrative Assistant Contractor Compliance Unit M Phone: (206) 753 -4398 CCU1:15.bf14.1 cc to Bruch and Bruch Construction 228 Highway 101 W Port Angeles, WA 98362 General Administration Building Olympia, Washington 98504 -0631 Gentlemen: T Please be advised that the Department of Labor ind Industries does hereby release the City of Port Angeles from any further liability pursuant to RCW 51.12.050 and RCW 51.12.070 as would otherwise incur in connection with a contract calling for erosion control at Morse Creek. This certificate does not release Bruch and Bruch Construction from liability for additional contributions which later may be determined to be due with respect to the above mentioned contract or any other contracts said contractor may have performed. al 6 STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES OM CITY R MUMS MAIL TO: INDUSTRIAL STATISTICIAN Department of Labor Industries Employment Standards Sections PAYMENT RECEIVED 925 Plum Street Olympia, WA 98504 -0631 NOV 0 9 1987 (206) 753 -4019 Contract Awarding Agency City of Pt. Angeles —City Light Address 240 West FRont Pt. Angeles, WA 98362 Telephone Number In compliance with RCW 39.12.040 1, the undersigned, being a duly authorized representative of FUJI INDUSTRIES. INC. 406 PORTER WAY, MILTON WA 98354 (Contractor or Subcontractor) (Address) do hereby certify that the following rates of hourly wage and hourly fringe benefits have been paid to the laborers, workmen and mechanics actually employed by me upon the project described above and that no laborer, workman or mechanic has been paid less than the "prevailing rate of wage" as determined by the Industrial Statistician of the Department of Labor and Industries. List below each classification of labor employed by you upon the project described above and the rate of hourly pay and hourly fringe benefits paid to each classification. PLEASE NOTE If apprentices have been employed on this project, provide this additional information: name, registration number, stage of progression and date of hiring. Craft LANDSCAPE POWER EQUIPMENT OPERATOR LANDSCAPE LABOR Note: Attach Additional Sheets as Needed. Subscreedc aftd &5fp toy4.Iefore me this -�`2 ■k— d y`of-,Nc(k embe 1087: Notfi Sf u StaI,‘ a h:r..;,tc,, +r+,e L &IESAC OLYMPIA, WA Contract /BPW Number 511 Date Bid Was Due 7 Date Contract Awarded Date Work Completed 9/25/1987 County in Which Work Performed C l a l l am Prime Contractor Bruch Bruch Your Contractor's Registration Certificate N —JI —II *154 B4 Was a Statement of Intent Filed For this project? Yes It No RECEIVED NOV 13 1987 CITY OF PORT ANGELES LIGHT DEPT. AFFIDAVIT OF WAGES PAID ON PUBLIC WORKS CONTRACT Rate of Hourly Pay Fuji Truinstrips, Tnr By Sue Osaka 7/24/87 (Company Name) -,/,&t for 1 hereby certify that according to the Wagbiates"atid:friintg 0('1.39.1100 �ta INDUSTRIAL STA[ 11$T1CI,AAN ARTMENT OF. LABO �1 a'i�ID Rate of Hourly Fringe Benefits Paid 11.18 3.95 8.46 3.43 ',aPCiciPnt- (Title) 1. Pursuant to RCW 39. ?2.040 copies of this form must be completed by the contractor and each of his sub- contractors. 2. Complete this form in triplicate and have it notarized. 3. SUBMIT ALL FORMS ALONG WITH APPROVAL FEE FOR CERTIFICATION TO: Department of Labor and Industries, Employment Standards Section, Olympia, Washington 98504 -0631. 4. Mail an approved copy to the Contract Awarding Public Agency CONTRACTORS ARE RESPONSIBLE FOR OBTAINING AND FILING AFFIDAVITS of the SUB- CONTRACTORS. This is required by law and payments can not lawfully be made until such affidavits are filed. MAIL TO: INDI ►STRIAL STATISTICIAN Departmc:tt of Labor Industries Employment Standards Sections 925 Plum Street Olympia, WA 98504 -0631 (206) 753 -4019 Contract Awarding Agency CITY OF PORT ANGELES Address 240 West Front Port Angeles, WA 98362 Telephone 1(1U194 457 -0411 CITY LIGHT DEPARTMENT s WN l.f. PA n^ M1- ITT, �yt. NOV 1 1S87 Contract /BPW Number CLYAYA >•YA Date Bid Was Due Date Contract Awarded Date Work Completed County in Which Work I Prime Contractor AFFIDAVIT OF WAGES PAID ON PUBLIC WORKS CONTRACT Your Contractor's Registt§ tic t UergifigteBNg 1 7 0 C M Was a Statement of Intent Filed For this project? Yes Q No In compliance with RCW 39.12.040 I, the undersigned, being a duly authorized representative of BRUCH BRUCH CONSTRUCTION 228 Highway 101 West Port Angeles, WA 98362 (Contractor or Subcontractor) (Address) do hereby certify that the following rates of hourly wage and hourly fringe benefits have been paid to the laborers, workmen and mechanics actually employed by me upon the project described above and that no laborer, workman or mechanic has been paid less than the "prevailing rate of wage" as determined by the Industrial Statistician of the Department of Labor and Industries. List below each classification of labor employed by you upon the project described above and the rate of hourly pay and hourly fringe benefits paid g p to each classification. PLEASE NOTE If apprentices have been employed on this project, provide this additional information: name, registration number, stage of progression and date of hiring. Craft General Laborer Cranes; 45 TNT' through 99 1 r Rate of Hourly Pay 15.21 18.48 Shovels, Backhoes 3 Yards And Under R 1 8.04 _T a Motor Patrol Graders, Non Finishing 17.68 Roller, Other Than Plant Mix 15.58 Dumpsters, Over 16 Yards To And Incl 20 Yards 17.74 Water Wagon, Over 3,000 Gallons 17.74 Note. Attach Additional Sheets as Needed. Subscribed and sworn to before me this day of I 19 „it 1F Narar, Ppbliciin and for thetate,ofpVl ington, residing shiington. '.,.4 I INSTRUCTIONS: 1700 -007 -000 AlliJaul of W.gi+ (II /85) QX -02 533 -3 9 July 1987 24 July 1987 19 September 1987 BRUCH BRUCH CONSTRUCTION Rate of Hourly Fringe Benefits Paid 3.43 47 4.21 4.21 4.21 3.71 3.71 BRUCH BRUCH CONSTRUCTION, INC. (Company Name) (tr I By I* Jerug.fell M.\,./Br`ii h Id D USTR A STATISTIC EPARTMENT OF LABOR AND INDUST 1. Pursuant to RCW 39.12.040 copies of this form must be completed by the contractor and each of his sub- contractors. 2. Complete this form in triplicate and have it notarized. 3. SUBMIT ALL FORMS ALONG WITH APPROVAL FEE FOR CERTIFICATION TO: Department of Labor and Industries, Employment Standards Section, Olympia, Washington 98504 -0631. 4. Mail an approved copy to the Contract Awarding Public Agency CONTRACTORS ARE RESPONSIBLE FOR OBTAINING AND FILING AFFIDAVITS of the SUB- CONTRACTORS. This is required by law and payments can not lawfully be made until such affidavits are filed. June 15, 1988 ATTN: LARRY COLWELL Dear Larry: Very truly yours, RF /dp W©lga Cedar Ridge Construction 1984 Lewis Road Port Angeles, WA 98362 F PORT ANGELES 240 WEST FRONT ST P 0 BOX 1150 PORT ANGELES. WASHINGTON 98362 PHONE (206) 457 -0411 On Friday, May 6th, at the end of our meeting to disucss claims on the Morse Creek hydroelectric construction project, I provided you with a State of Washington, Department of Labor Industries release form. Filing this form starts the process that will eventually release your $25,435.52 retainage. You were to have filed that form with Labor Industries in Olympia. We have contacted Labor Industries to track the progress of various releases and found that your form has not been filed. Attached is another copy of the form with the appropriate amounts and dates. Please complete the form, including attaching a list of subcontractors, and submit to Labor Industries to allow the eventual release of your retainage. Also attached is a copy of the final minutes of the May 6, 1988 meeting to discuss claims. Your prompt attention to this matter is requested. Richard French Engineering Operations Manager Project Manager cc: Rob Orton, Director Karl Hufnagel, Harris Group Type of Work Site preparation, plant construction Work started July 18 STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES OLYMPIA RELEASE FOR THE PROTECTION OF PROPERTY OWNER AND GENERAL CONTRACTOR By Firm No. Prime Contractor Cedar Ridge Construction Inc.1984 Lewis Road, Port Angeles, (Name) (Address) WA 98362 Project location Morse Creek, Po Angeles Contract No. 533 -2 Title or description of work Hydroelectric Construction Project Amount of Contract $508,701.3,0 1986 Work completed June 1987 Attach list of subcontractors, including address; designating type of work and the date each completed his work. (DO NOT INCLUDE FIRMS WHO ONLY SUPPLIED MATERIAL) Signature of prime contractor or name and address of firm who awarded contract ALL WORKMAN HOURS THROUGH COMPLETION DATE OF THIS PROJECT MUST BE REPORTED AND PREMIUMS DUE THEREON' MUST BE PAID BEFORE A RELEASE WILL BE ISSUED The above must be completely filled out by party demanding release and mailed to Olympia office. ELECTRICAL CONSTRUCTION COMPANY 2121 N W THURMAN PO BOX 10286 PORTLAND OREGON 97210 -0286 CE RTl P 071 106 142 I JVLLn1 CITY OF PORT ANGELES P.O. Box 1150 Port Angeles, WA 98362 Attn: Office of City Clerk CLAIM 'CHECK NO. C ©HOLD iTATE 1ST NOTICE 2ND NOTICE; 'RETURN from •3849 -A Oct. 980 T State of Washington Department of Revenue AX Audit Procedures Review Olympia, Washington 98504 =0 CITY OF PORI 1 :GELES CITY Cl Er :i NOTICE OF COMRt N C WORKS CONTRACT From: City of Port Angeles Light Department 325 E 5th P.O. Box 1150 Port Angeles, WA 98362 Cedar Ridge Construction Contractor's Address Dec. 2, 1987 Surety or Bonding Co. Bostick Monarck Ins, Inc. Agent's Address P.O. Box 1848. Bellevue. WA Contract Amount: 3 7 3, 8 31 5 7 Additions: 98,061.31 Sales Tax: 36,808.42 Total: 508,701_30 FORM REV 31 0020 (2 -86) NAY 9 Inc. July 18, 1986 98009 Uate Assigned Reg. No.: `Date: 6,, s DEPARTMENT USE ONCE. >0v —.1? I Assigned To Notice is hereby given relative to the completion of contract or project descnbed below. Description of Contract Morse Creek Hydroelectric Project #533 2) Contractor's Name 1894 Lewis Road. Port Angeles. WA 98362 Date Work Accepted Date Work Commenced Amount Disbursed: Amount Retained: Total: June 1987 Telephone No. 206 452 -1393 Date Work Completed 4R3,265.7R 25,435.52 508,701.30 a41 j d (Disbursing Off Phone No. 206-457-0411, Ext. 156 The Disbursing Officer must complete and mail three copies of this notice to the Department of Revenue, Olympia, Washington 98504, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate. TO: ROB ORTON, CITY LIGHT DIRECTOR FROM: GARY LEAFN'POWER ANALYST DATE: NOVEMBER 18, 1986 SUBJECT: PROJECTED INCOME STATEMENT FOR FALLS CREEK HYDRO At your request, I have compiled an estimated income statement for Falls Creek Hydro based on 1987 projected figures. All of the data for this statement are available from our economic analysis model, except for the expected operation and maintenance (O &M) expenses. For O &M, I multiplied the total capital investment, based upon the initial low bid price of $204,900 plus $15,000 for the power- house addition and an amount imputed for Gus Haley's prior in- vestments (estimated at $23,160 by multiplying the $50,000 royalty payment to be paid in 1997 by a discount factor based upon 8 by 3 This methodology is the same as that used in prior economic analyses for the Morse Creek hydro project. I should point out that the O &M and insurance costs will increase over the ten -year period, while the other values would likely remain the same. This could have a sizable adverse effect on the net income amount in later years. Another item that may affect Mr. Haley's bottom line is taxes. If he must pay a 12% tax on the lease costs and a generation tax of one mill per kWh, the total annual taxes would be $2,301. This would be roughly equal to the expected before -tax net income of $2,524 in 1987. Please let me know if you would like to make some changes and /or refinements to the numbers or prepare any additional analysis. GAL /clr Attachment cc: Richard French Scott McLain Note: Does not include taxes. Falls Creek Hydro Projected Annual Income Statement (1987 $1 Revenue Amount Sales Revenue $26,673 Expenses Operations and Maintenance $7,327 Lease Payments 10,460 Insurance 3,500 ft Capital Expenses 2,862 Total Expenses $24,149 Net Income $2,524 Based upon average annual price of 25.5 mills /kWh and 1,046,000 kWh sales. Three percent of total capital investment (0.03 X 204, 900 +$15,000 +1.078 +$50,000 *P.W.F. of 0.4632)). 'HH 10 mills /kWh. Guote from Chub Insurance Group. HH *HH $15,000 X 1.078 X C.R.F, of 0.1770 (127. loan, 10 -year payoff). I f. cgcscia 0 4E 4226 TRIF TO SUBJECT MESSAGE REPLY IREDIFORMI 4S 471 rive-y) CJ?- F ddLtaJ (GS Srzlf� d4 12,p (1 4t*of i 4 ,14,4A,6,0 SIGNED FROM SIGNED SEND PARTS 1 AND 3 WITH CARBON INTACT PART 3 WILL BE RETURNED WITH REPLY. DETACH AND FILE FOR FOLLOW -UP 1260 /IR ..4" 1 DATE DATE POLY PAK (50 SETS) TO: FROM: DATE: SUBJECT: ROB ORTON, CITY LIGHT DIRECTOR RICHARD FRENCH, FALLS CREEK PROJECT MANAGER DECEMBER 4, 1986 FALLS CREEK ECONOMIC EVALUATION Gary Leaf and I have completed an updated detailed economic evaluation analysis for the Falls Creek Hydroelectric Project. A number of modifications have been made to the analysis. As previously agreed, $30,000 has been removed from the previous low bid of $204,900. Also, $15,000 has been removed from the cost of modifications to the powerhouse. We anticipate keeping powerhouse modifications to $3,000 or less which will be paid for by Falls Creek Hydro. Finally, one -half of the cost of the insurance premium was included in the evaluation as agreed upon by Falls Creek Hydro. Gary, per your request, added a 5% contingency fund. This was calculated as 5% of the total investment, which was $204,900, minus $30,000 from the low bid, plus sales tax at 7.8 We have left the maximum engineering fee of $28,000 in the study, added the $5,000 budget increase required for modification of the specifications for rebid, and dropped the present engineering fees spent to date of $16,746.08 for Schuchart and Associates and $1,907.76 for Northwestern Territories. These engineering costs, should the project be abandoned, could be considered sunk costs. One major change was in operation and maintenance of the facility. The J. F. Sato and Associates study identified 3.2% of the total investment for operation and maintenance of the facility. My personal experience with operation and maintenance of other facili- ties, (not hydroelectric). indicates that one man, one hour a week, fifty -two weeks a year, would be required for operation plus maintenance of two men for five days once a year doubled for materials cost plus a contingency at $32 an hour per man which includes wages, benefits, and engineering overhead plus $5 an hour for a vehicle. This rounds to approximately $8,400 per year. Computation of operation and maintenance is based on the Sato study indicating a figure which equals $8,400 per year in 1987 dollars also. This reduces the operations and main- tenance cost of Falls Creek to a more practical level. Discussions between Gary, you, and I have also pointed out the discount rate (or rate of return) could be lower. We agreed that a 7 3/8% rate would be "market" rate now. We choose 7 1/2% to be safe. In comparison, our financial and electric rates of return are less than 7 1/2% also. Attached are four economic analyses using the above modifications for the Falls Creek Hydro Project. The benefit to cost ratio, assuming an 8% rate of return, is now calculated at 1.12 to 1 (Attachment #1) At a 7 1/2% rate of return, the ratio becomes 1.17 (Attachment #3). Including sunk costs of engineering, the benefit to cost ratio equals 1.06 assuming an 8% rate of return (Attachment #2). At a 7 1/2% return, the ratio increases to 1.11 (Attachment #4). In all cases this project is justified in econom- ic terms and should proceed with accordingly. I will re- evaluate the economics upon opening of the low bids on January 6, 1987 for review by the LJAC and Council award in session January 20, 1987. I will report those findings as well. I hope this closes the subject until January 6th. RLF /clr Attachments cc: Gary Leaf --r ‘,644-07-4 V. INVESTMENT COST ITEM Turbine, Generator Ci vi 1 (Figure 4-2) Additional Station Equipment (Multi Units) UNIT COST ($000) TOTAL COST ($000), 1.3 /kw $234 0 Penstock (Table 4 -2) $50 /ft min 38 Tailrace (Table 4-2) 17 Switchyard Equipment (Table 4-2) 2 20 Transmission Line (Table 4-2) 2 20 Dam Rehabilitation (Table 1) 0 Other (Access, Fish Passage, 35 Misc. Site Construction (Table 1) 1 off scale, extrapolated 2 off scale, $20 k— minimum SUBTOTAL S 364 3 Flume, $10 k; intake box, $10 K, Winch Cable Equip, $15 K. Escalated Subtotal (July, '78 1 448 Current, Figure 6 -1 Ratio) Contingencies (10% 20%) (Used 10 44.8 SUBTOTAL CONSTRUCTION COSTS 492.8 Indirects 25% 123.2 TOTAL INVESTMENT COSTS S 616 VI. OPERATING MAINTENANCE (0 M) COST 0 M Cost ($20,000 Minimum or 1.5% S 20 4% of Investment Costs) (Used 3.1 6 r11 _Net Present Value Analysis 7.5 percent discount rate Year Net Pres. Value 1996 (145,4021 2001 (121,8011 2006__ (75,7981 2011 135,552) 2016 (1,444) 2021 27 ,461 2026 51,957 B/C Ratio 1.1075 :1 ___Month Max 1 hr. kW__ Dec. 83 165 Jan. 84 165 Feb._______165__ Mar. 165 April Sept. Oct. Nov. May 145 June_ 145 July 145 Aug. 95 Year Total 1,686 -May ,.June_ July Aug. Year Total Falls Creek_Hydro Project._ Monthly Power Analysis Hrs. 861 Energy Plant Ftr. Plt. Ftr. Ad Eff. -Rate Power Cost 744 118,700 0.9669 0.9833 $0.0310 43,677 744 121,600 0.9906 0.9953 0.0314 3,812 .___672__- 100,700 _0 9002__.._0.4530__0.0300___. _3,023 744 98,800 0.8048 0.8971 0.0283 2,792 744 720 744 744 __145_- 720 91, 600__.-_0. 8774____0.9367 _0.0263___ _2,411_ _____4.33 628_ __0.0140_- _1,20n 1,910__._0.0209._ -9 0210_ 5 01 0.02fl 91 720 54,700 0.8349 0.9137 0.0257 1,404 2.60 237. 0.0166__.. 908 1,145 0.0209 ..260__ 0.0281_ 91 744 51,300 0.7577. 0.8705 0.0245 1,255 2.60 237 0.0166_ 852 _1,08(3 0.0212 167 0.0281 165_____720____96,100_0. 8009 ._-__0.8994____0.0253_.__2,429 7 60 429 _0 0166 1,59 2,024 _0.0211 4 04 0.028.+ 02,300 93,400 74,900 61,900 0,760 1,046,000 April 1 65 4.33___-.14.45 Sept. 165 2.60 429.00 Oct. 165 2.60 429.00 Nov. 165_______2.60_____429.00_ 0.7629 0.8946 0.6943 0.840 0.8734 0.9459__ 0.8332 0. Seasonal Cost Calculations -BPA PF 85 Rate _Low lid Price of 4204,900 Plus Tax. Less $30,000 Plus_SY_Contongeecy- ____Additional Iavestaent. Analyses_ Turbine /generator& tech /Electrical 197,969 Engineering -33,000_ Metering other Total Discount Rate(insert) Monthly Rate Life of Prolect(insert tonthsl Annual Cost Lease Cost per kWh 0.0214 1,761 0.0232 2,164 0.0204 1, 0.0225 1, 230,969 0.0750 0.0063 -360 19,300 0.00000 0.7237 N/A 0.0264 27048 3.32 5,776 Annual $IkNh Month_ Oe,and Des. _Rate_ _Dee..Cost ___Hours Energy_._- _kNh.cost __Total Cost Tat. Cost /kMh_Seas.$ /kNh_Seas._Mult. __0.00280__DPA kWh_$ Dec. 83 165 4.33 $714.45 744 122760 $2,037.82 $2,752.27 40.02242 Jan. 84 165 4.33 714.45 744 122760 2037.82 2752.27 0.02242 Feb. 165 4 33 714 45 672 ____1108801840.61___.2555.06 0.02304___ Mar.__ 165 4.33 714.45 744 122760 __2037.82_ 2752.27 0.02242 0.02256- Alt. Cost Ano.427 Alt. Dad._ Alt. Dad.3 Alt. kWh ft._Alt. -kWh _Alt. Cost __Alt..tills Sean._hillo Differential_Not._rate 44.33 $714 $0.0166 41,970 42,685 $0.0226 40.0231 4.33 714 0.0166 2,019 2,733 0.0225 4.33 714 0.0168 1,672 -2,386 0.023L_ 4.33 714 0.0166 1,640 2,355 0.0238 2.60 377 0.0140 1,152 1,524 2.60____ .37L _0.0140___1,308____ 1,685 2.60 377 0.0140 1,049 1,426 2.60 257 0.0140 867 1,124 720__1188001663 .20__.2377.65__..._0.0200 720 118800 1972.08 2401.08 0.02021 744 122760 2037.82 2466.82 0.02009 7 2 0 ?18800_._.._1922.08_... 2401.08._0. 02021. __0.02013__._.1.0036__._0.00201 _0.0166 165_ 2.60 429.00_ 744 122760 1718.64 2147.64 0.01749 Its ?.60429.00 7 20__. 118800 _1663.20___2092.20___0.0174 165 2.60 424.00 744 122760 1718.64 2147.64 0.01749 165 2.60 429.00 744 122760 1718.64 2147.64 0.01749 6575.25 8,760 1445400 22418.35 28943.60 0.02006 0.01752 0.8736 1.0000 0.0156 16,313 22,08 0.0211 0.0211 5,559 $0.0166 0.0166 0.016f 1.1249__ 0.00315 -0.0166____._________ 9.0140 0.0166 0.0166 0.00245 Access Road 10,000 _Diversion 0 Penstock 0 Powerhouse 0 Total 10,000 Inflation Ad 14,802 10 years842 0.0140 0.0140 0.0140 0.0186 0.0180 0.0190 0.0162 0.0184 232 0.0245 _480__ _0.024 103 0.0245 266 0.0245 $992 40.0315 1,079 0.0315 6 4.0315 437 0.0315 C C C n9 3a 21 r Economic Analysis calls Creek_Nydro_Pro,='f 1989__ 0 19,380 1990 0 19,380 1991 0 19,380 1992,._ 0__. _19,380 1943 0 19,380 1994 1995 1996 1497 1998 1999 2000 0 14,380 0 1,490 2001_.__._.0.__.. 19 ,380__._....._.._.0___.__1,490 2002 0 19,380 0 1,490 2003 0 19,380 0 1,490 7 004. 19,380 0 1,490 2005 0 19,380 0 1,490 2006 0 19,380 0 1,490 1007 0.___ _14,380 9 1,499._. 2006 0 19,380 0 1,490 2009 0 19,380 0 1,490 December 3, 1986 Year Investment,_ Other Additional- Purchase._._ Annual Royalty__ Operation._ Lease_Supv. Total_Costs __Total__.Less Lse.__ Net. Cost._._C urrent _9r._Alt._Supply_Alt..Sply. Nnm._Prnl._ Cast F1or Including IOC Annual Cost Investment Annual Cost Payment kiln del. Payments Maintenance Insp.Costs (Intl. inv.)Annuai Cost Payments S /kWh S /kWh eff.cost Benefit Alt. Coop. S0 f0 SO $0 SO_ $0 N/A 0 0222 10 _SO .SO 1,750 0 260,367 48,777 10,460 38,317 0.03663 0.0222 22,089 (16,228) (227,819) E 1,750 0 29,398 48,777 10,460 38,317 0.03663 0.0236 23,482 (14,8351 4,544 1,750 0 29,398 48,777 10,460_ _38,317 0.03663 _,0.0270_ 26,865_ __111,4521 7,921 1,150 0 24,398 48,777 10,460 38,317 0.03663 0.0276 27,462 (10,855) 9,524 1,750 0 29,398 48,777 10,460 38,317 0.03663 0.0290 24,651 (8,666) 10,714 1,750_ 0 29,390 48,777 10,460 38,31 0 0366' 0 0318_ 31,641 (6,676) 12,704 1,750 0 29,348 48,777 10,460 36,31 0.03663 0.0332 33,034 (5,283) 14,097 0 29,398 48,777 10,460 38,317 0,03663 0.0343 34,129 (4,1891 15,191' 0 29,398 48,777 10,460 38,317 0.03663 0.0353 35,124 13,1941_ 14,186 0 29,398 48,777 10,460 38,317 0.03663 0.0370 36,815 (1,5021 17,078 0 77,343 83,410 0 83,410 0.07974 0.0382 38,009 (45,4011 139,3241 F -0 ,13,042___33,912 0 33,912 -0 03242 0 039 34,004 __.5,092_____25,962 0 13,564 34,434 0 34,434 0.03292 0.0407 40,497 6,063 26,433 0 14,106 34,976 0 34,976 0.03344 0.0422 41,989 7,013 27,883' _0 .____14,671 35,540__ 0 _35,540_- 0.03398- _0.0439_ __43,681 _8,140_ 24,010 0 15,257 36,127 0 36,127 0.03454 0.0457 45,472 9,345 30,214 0 15,868 36,738 0 36,738 0.03512 0.0476 47,362 10,625 31,495' 0 16,50' 37,37 0_____37,372_____0,03573_____0.050 37,372 _0,03573____._0.050 9 1 ,44 7 13,07 33,944' aS 0 17,163 38,032 0 38,032 0.03636 0.0537 53,432 15,400 36,269' A` ue' 0 17,849 38,719 0 38,719 0.03702 0.0558 55,569 16,850 37,720 _0. 18,563 1 9,433_ 9___-34,433_0.03170 _0.0581 5 7,79 7 18,359 '4,229 0 19,306 40,175 0 40,175 0.03841 0.0604 60,104 19,920 40,790 0_ 20,078 40,948 0 40,940 0.03915 0.0628 62,508 21,560 42,430 1486 S0 S0 SO SO SO $0 SO 1987 230,969 19,380 0 0 27,648 1,046,000 0 1988 0 19,380 0 0 27,648 1,046,000 0 .0_ 0 27,648 1,046,000 0 0 0 27,640 1,046,000 0 0 0 27,640 1,046,000 0 0 _L.__ 27,64E 1,046,000 0 0 0 27,648 1,046,000 0 0 19,380 0 0 27,646 1,046,000 0 1,750 0 14,380 0_ 0 _27,648 1,046,000 0 1,750 0 14,380 0 0 27,648 1,046,000 0 1,750 0 14.380 14,802 1,490 0 1,046,000 50,000 12,541 0.__.__19,380 _0__.._x1,490 _0__1,046,000 _._0___.13,04 0 19,380 0 1,490 0 1,046,000 0 13,564 0 1,046,000 0 14,106 0 1,046,000_.___ __0.14,671_ 0 1,046,000 0 15,257 0 1,046,000 0 15,868 0___1,046,000___________O______16,502 0 1,046,000 0 17,163 0 1,046,000 0 17,849 0____1,046,000___--___-__0__-__18,5r 0 1,046,00D 0 19,306 0 1,046,000 0 20,078 1010._ 0__19,380 n ',490 _0__1,046,000 0 20,881_._ 2011 0 19,380 0 1,490 0 1,046,000 0 21,716 2012 0 19,380 0 1,490 0 1,046,000 0 22,585 2013 0 _19,380 0___ 1,490 0 1,046,000 0 23,488 2014 0 19,380 0 1,490 0 1,046,000 0 24,428 2015 0 15,390 0 1,490 0 1,046,000 0 25,405 2016 0 10,289 0 1,490 C 1,046,000 0 26,421 2017 0 1 0 0 0 1,046,000 0 27,478 2018 0 19,380 0 0 0 1,046,000 0 28,577 2019 0 19,300 0 0 0 1,046,000 0 29,720 2020 0 19,380 0 0 0 1,046,000 0 30,909 2021 0 19,380 0 0 0 1,046,000 0 32,145 _____0_____20,881______41,751 0 21,716 42,586 0 22,585 43,455 0__ 23,488__ 44,358_ 0 24,428 45,298 C 25,405 46,275 0 26,421 47,291 0 27,478 46,857 0 28,577 47,957 0 29,720 49,100 0 30,909 50,288 0 32,145 51,525 2022_ __0______19,380__.___.__0___ __0_ ._0 _1,046,000_ _.0_ _.33,431 0.-- 33,431_ __52,811 ___0 52,811__ 0.05049___0. 1046 _104,080___51,270 __70,040 2023 0 14,380 0 0 0 1,046,000 0 34,768 0 34,768 54,148 0 54,148 0.05177 0.1088 108,243 54,096 2024 0 19,380 0 0 0 1,046,000 0 36,159 0 36,159 55,539 2025 0_ -__19,380 0 0 0___1,046,000___ 0 37,605- ____.0.___- 37,605 56,98 2026 0 19,380 0 0 0 1,046,000 0 39,109 0-.- 39,109 58,489 0 58,489 0.05592 A 1 I acknne-n-- L{' e 041,751__ 0.03991 _.0.0653__._65,008___ 23,257__- 94,127' 0 42,586 0.04071 0.0679 67,608 25,023 45,892' 0 43,455 0.04154 0.0707 70,313 26,858 47,728 Vs 0 44,358 0.04241_ ._.0.0735 __73,125.__ 28,767____ 44,637 0 45,298 0,04221 0.0764 7 6,050 30,753 51,623 0 4c,275 0.04424 0.0795 79,092 32,810 5,688 0 47,291 0.04521 0.002 02,25o 34,465 55,035 0 46,85 0,04480 0.0860 85,546 30,684 56,068 0 47,957 0.04585 0.08 88,966 41,012 60,391 0 45,100 0.04694 u.0930 92,527_ 43,427 62,807 0 50.288 0,04808 0.0967 6 6,228 45,939 65,319 0 51,525 0.04926 0.1006 100,077 40,552 67,432 0 55,539 0.05310 0.1131 112,573 57,035 5 _56, 985____0. 05448 .__0.1177_____117,07660,091 0.1224 121,759 63,270 73,475 76,414 74,471' 82,650' L LJ! Economic Analysis Palls Creek Hydro Project November 25, 1986 Year Investment, Other Additional Purchase Annual Royalty Operation Lease Supv. Total Costs Total Less Lse. Net Cost Current Yr. Alt. Supply Alt. Sply. Nom. Pro,. Cash Flom (7 Including I0C_Annual Cost Investment Annual_Cost_Payment kNh del. __Payments Ma:ntenance_lnsp.Costs__11nc1. Inv.lAnnual_Cost :Payment. 4/kNh kNh _eff.cast__Benefit__A1t._Comp._ 3 I. 1986 $0 $0 $0 $0 00 $0 SO SO_ $0_ $O_ SO_ f0 00 N/A 0.0222__ $0_ $0 40 5 ______1987 __212,315____18,695______0 0___ 27, 648__1,046,000_ ______O_____1,750__ 0- _241,713 _48,092___10,460____37,632 __0.03596___-0. 0222 __22,089__(15,5431___(209,1641 0 27,648 1,046,000 0 1,750 0 29,398 48,092 00,460 37,632 0.03598 0.0236 23,482 114,1501 4,544 0 27,648 1,046,000 0 1,750 0 29,398 48,092 10,460 37,632 0.03598 0.0270 26,865 110,7671 7,927 E- _0_ __27,648__1,046,000_ __0 1,750________0- 29,398____48,092_._ _10,460__ 37,632 0.03598- _0.0276_.___27,462__ (10,1701_ 8,524 0 27,648 1,046,000 0 1,750 0 20,398 48,092 10,460 37,632 0.03598 0.0298 29,651 47,9811 10,7t4 1988 0 18,695 0 1989 0 18,695 0 1990___- -_0__ 18,695_______0_ 1991 0 18,695 0 1992 0 16,695 0 0 1993 0 18,695___" _0 ___O__ 1994 0 18,695 0 0 1995 0 18,695 0 0 _1996_ _0 18,695_ O__ -___0_ 1997 0 18,695 14,802 1,598 1998 0 16,695 0 1,598 .1999_ ___0___ 16,695 0___.1,598 2000 0 18,695 0 1,598 2001 0 18,695 0 1,598 2002 0 18,695 0-___ 1,598__ 2003 0 18,695 0 1,598 2004 0 18,695 0 1,598 _2005 0 _18,695 0 1,598 2006 0 18,695 0 1,598 2007 0 18,695 0 1,598 2008 0 18.695 0 1,598 2009 0 18,695 .0 ._1,598_ 2010_ 0 18,695 0__ 1,548___ 2011 0._ _18,695 0 1,598_ 2012 0 18,695 0 1,598 2013 0 10,695 0 1,598 2014_ 0 16,695 0 _1,598 2015 0 16,695 0 1,598 2016 0 18,695 0 1,598 2017 0 18,095 0 0 2018 0 18,695 0 0 2019 0 16,695 0 0 2020 0 11,695 0 0 2021 0 18,695 0 0 2022 0 18,695 0 0 2023 0__ _16,695 0 2024 0 18,695 0 2025 0 18,695 0 __._2026 __0_18,695 0 27,648 1,046,000 27,648_ 1,046,000_ 27,648 1,046,000 27,641 1,046,000 27,648_ 1,046,000 0 1,046,000 0 1,046,000 _O___1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0_ 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 _0__1,046,000_ 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 0 1,046,000 0 0 1,046,000 0 0 1,046,000 A ______0_1,046,000- 0 1,750 0 29,398 48,092 10,400 37,632 0.03598 0.0318 31,641 15,9911 12,704 .0__ 1,750_ 0 29,398___ __48,092 _10,460 37,632 _0.03598 0.0332___ 33,034_ (4,5981__. _14,097_ 0 1,750 0 2 48,092 10,460 37,632 0.035 0.0343 34,129 43,5041 15,191 0 1,750 0 20,398 48,092 10,460 i7,032 0.03596 0.0353 35,124 (2,5091 16,186 0 ',750___ 0 29,398___ 48,092 10,460_ 37,632 0.03598 0.0370 36,815. (8171_ 17,878_ 50,000 11,657 0 76,459 81,950 0 81,950 0.07835 0.0382 38,009 143,9401 138,4501' r 0 12,123 0 12,123 32,416 0 32,416 0.03099 0.0392 39,004 6,588 26,881 0 12,608 __0___ _12,608_____32,901________0___ 32,901__0.03145 ____0.0407______40,497_______7,596______27,1389_'' 0 13,112 0 13,112 33,405 0 33,405 0.03194 0.0422 41,489 8,584 28,877 0 13,637 0 13,637 33,930 0 33,930 0.03244 0.0439 43,681 9,751 30,044 0 14,182_, ______0__ 14,182___34,475 0 34,475 0.03296____0.0457___ 45,472_.____10,99 31,289_" 0 14,750 0 14,750 35,043 0 35,043 0.03350 0.0476 47,362 12,320 32,613 0 15,340 0 15,340 35,633 0 35,633 0.03407 0.0507 50,447 14,814 35,107 _0_ __15,953 -0.___ _15,953 36,24 036, 246_._0. 03465 ____0.0537____53,432___17,186 37,479_ 0 16,591 0 16,591 36,884 0 36,88 0.03526 0.0558 55,569 18,685 38,978 0 17,255 0 17,255 37,548 0 37,548 0.03590 0.0581 57,792 20,244 40,537 C 0____17,44s 0___12,945 _38,238_______0__ 38,238___.0.03656 0.0604 60,124 71,865 42,158.' 38,956 0.03724 0.0628 62,508_ 23,552_ 43,845 21 39,703 0.03796 0.0653 65,008 25,306 45,599 4 0,479 __0.03870___0.0679_____67,608____27,130 47,422 41,286 0,03947 0.0707 70,313 29,026 49,319 42,126 0,04027 0.0735 73,125 30,999 51,292 42,90 0.04111 .0. 0764 76,050__- _33,051____ _53,344 43,009 0.04196 0.0795 79,092 35,185 55,47P 44,052 0.04280 0.0827 82,256 37,404 5 L. 4 4,236 0.04229 0.0860 85,546 41,310 60,005 45,250 0.04327 0.0894 60,968 43,710 62,405 4 46,321 0.04420 0.0930 92,527 46,206 64,901 47. 0.0453 0.0967_ 96.228 46,802 67,497 0 40,575 0.04644 0.1006 100,077 51,502 70,197 0 49,770 0.0475E 0.1046 104,080 54,310 73,005 C __0___ 51,013_ 0.04077____ 0 1088108,243__ _57,230 75,925: 0 52,306 0.05001 0.1131 112,573 60,267 78,962 0 53,650 0,05129 0.1177 117,076 63,426 82,120 T 0_____55,049___0.05263______0.1224_____121,759______66,710 85,405_;` 0 18,663_ 0 18,663____ 38,956_ 0 19,410_.. 0 19,410____ 39,703 0 0__._20,186 0 20,18 40,479 n 0 20,993 0 20,493 41,286 0 0 21,833 0 21,833 42,126 0 0 22,707___ -_0___ 22,707__ _42,999_________0_ 0 27,615 0 23,615 47,908 0 0 24,550 0 24,559 44,852 0 0 25,542 0 25,542 44,236 0 0 26,563 0 26,563 45,258 0 0 27,626 0 27,620 40,321 0 0 28,731__ 0 28,731 47,426 .__0 0 29,880 0 29,880 48,575 0 31,075 0 31,075 49,770 0 32,318 _0___32,318_- ___51,013 0 33,611 0 33,611 52,306 0 34,956 0 34,956 53,650 _______O______36,354 0 _36,354__ 55,049 a +a oil r e 26 -C f J L 2 i ,r 1996 2001 2006 6 2011 2016 2021 2026 CCU 30 (3, a2 3 C2s `i Ps' t Net Present Value Analysts Eight- percent discount -rate Year Net Pres. Value B/C Ratio 1.1211 Month Max 1 hr. kW Hrs. Ste Energy Dec. 83___ ___165 _____744_ _118,100_ Jan. 84 165 744 121,60 Feu. 165 672 100,700 Mar._r_______165_______744_ ._98,800__ April 145 720 Sept. 91__...____.720 Oct. 91 744 Nov. 165 720 May June July_ Aug. (129,1081 (105,3671 (61,5871 _(24,1971_____________________ 6,764 32,400 53,628 145 145 145- 99 Falls Creek Hydro Project Monthly_Power.Analysts 744 720 744 744 Year Total 1,686 0,760 1,046,000 165 4.33 714.45 .165____2.60_.__ 429.00. 165 2.60 429.00 165 2.60 429.00 Turbine /Generator& meth /Electrical Engineer ng ----Metering other Total Discount Rateltnsert' Monthly Rate Life of Project),nsert months) Annual-Cost- 18,69' Lease Cost per kWh 0.00000 Alt. Cast Ann. =27 Plant Ftr. Plt. Ftr. Ad Eff. Rate Power Cost Alt. Ded. Alt. Ded. Alt, kWh Rt. Alt. kWh Alt. Cost Alt. mills Seas. Mills Differential Noe. rate 0.9669--__0.9833___ $0.0310_ ,_$3,677_______$4.33 3714,_$0.0166__._$1,970__ $2,685_ ..$0. 0226- _80.023L___- $992_ $0..0315 0.9906 0.9053 0.0314 3,812 4.33 714 0.0166 2,019 2,733 0.0225 1,079 0.0315 0.9082 0.4530 0.0300 3,023 4.33 714 0.0166 1,672 2,386 0.0237 637 0.0315 0.8048_0.8971_. 0.0263._.___2,792_... 4.33 1 14_______O 0166 _1,640- __2,355___0.0238 0 3 7 0.03 91,600 0.8774 0.9367 0.0263 2,411 54,700 0. 8349. __.0.9131___0.0257_____..1,404 51.300 0.7577 0.8705 0.0245 1,255 96,100 0.8089 0.8994_ 0.0253 2,429 82,300 93,400 74,900 61,900 0.7629 0.8946 0.6943 0.8404 0.8734 0.9459 0.8332 0.9167 0.7237 NIA Low Bid Price of $204,900 Plus Tax Less $30,000 Plus 50 Contingency 4.33 2.6 2.60 2.6D 6575.25 8,760 1445400 22418.35 28993.60 0.02006 197,969,- 14,346 z 212,315__._ 0.0800 0.0067 360 62B 0.0140 237....___0.0166 237 0.0166 429 0.0166 0.0214 1,761 2.60 377 0.0140 1,152 1,529 0.0232 2,164 2.60 377 0.0140 1,308 1,685 0.0204 _1,529 2.60 377 _0.0140_ _1,049 1.426 0.0225 1,390 2.60 257 0.0140 667 1,124 _May___ ___..____165 2.60 429.00 744_ ___122760 1718.64 2147.64 0.01749- June 165 2.60 429.00 720 118800 1663.20 2092.20 0.01761 2u1 _165 2.60 __429.00 744.-- 122760 -_1718.64 2117.64 0.01749 Aug. 165 2.60 429.00 744 122760 1718.64 2147.64 0.01749 0.01752 Year Total-- u.0264 27,648 3.32 5,776 0.0156 16,313 22,089 0.021! 0.0211 5,559 Seasonal Cost Calculations -BPA Pi 85 Rate Annual /kWh Month Demand Dee. Rate Dem. Cost Hours Energy kWh cost Total Cost Tot.Cost /k6h Seas.$ /kkh Seas. Mutt. 0.00280 EPA kWh Dec. 83__ 165_ 4.33 $714.45 $0 _744 122760 $2,037.82 _02,752.27__$0.02242_ 00 0166 4 i Jan. 84 165 4.33 714.45 744 122760 2037.82 2752.27 0.02242 0.0166 Feb. 165 4.33 714.45 672 110880 1840.61 2555.06 0.02304 0.0166 45, __Mar. __165 4.33-- 714.45 __744_..___122760__ 2037.82 2752.27--_-0.02242 -_.0. 02256 1.1249_-_0.00315__0.016' j{ ur April. 720 118800 1663.20 2377.65 0.02001 "R Sept 720____ 118800 ___1972.08 2401.08_°_0.02021 9 i Oct. 744 122760 2037.82 2466.82 0.02009 0.0166 Nov. 720 118800 1972.08 2401.08 0.02021 0.02013 1.0036 0.00281 0.0166 sn 0.0140-- 0.0140 0.014^ 0.8736 0.00245 0.0140 ____1.0000- Access Road 10,000 Diversion 0 Penstr•' Powerhouse -0- other -0- Total--------10,000 Inflation Ad 14,802 10 years 84E Additional Investment Analysts 1,282 1,910 0.0209 0.0210 908 .____1,145- 0.0209 852 1.088 0.0212 1,595 2,029 0.0211 0.0140 0 .01 ta 0.0186 0.0184 232 0.0245 0.0180 480 0.0245 0.0190 103 ___0.0245 0.0182 266 0.0245 501 1 60 167 _404 0.0281 0 028' 0.0281 0.0281 (5 r 25 ac C :6 e L 4: 26! c 45 Pc o f 0o ba 1. o 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Economic Analysis Falls Creek Hydra Project November 25, 1986 i 3 ,1' <i C 2 1 Year Investment, Other Additional Purchase Annual Royalty Operation Lease Supv. Total Costs Total Less Lse. Net Cost Current Yr. Alt. Supply Alt. Sply. Nom. Pro). Cash Flow 1 Including IOC Annual Cost Investment Annual Cost Payment-- kWh del,- Payments 8atntenance- lnsp.Costs (Intl. Iay.(Annual Cast- Payments flkNh- -81680 efi,cost Benefit- -Alt. Camp 1986 $D f0 f0 f0 f0 f0 f0 80 f0 f0 f0 f0 f0 N/A 0.0222 f0 f0 $015 'I 1987- 230,969- 20,337 0 0 27,648 1,046,090-- 0 -1 750---- -0 260,367 --49 735 40,460 34,275- -0.03755----- 0.0222 -22 089 -117 1861 -(227 8181, (15,7931 4,544 (12,4101 7,927 (11,8131 8,524 (9,6241 10,714 (7,6341 12,704 .(6,241)-___14,097_ (5,146) 15,191 (4,1511 16,186 (2,460) 17,878 (46,4671 (34,3341 4,027 25,962 _-4,998____26,933_`' 5,948 27,883 7,075 29,010 _8,279 _30,214 9,559 31,495 12,009 33,444 14,334 36,269 15,785 37,720 25 17,294 39,229 10,863 40,798 20,495 42,430 22,192 44,127 23,951 ^_45,892_' 0 44,520 0.04256 0.0707 70,313 25,793 47,728 0 45,424 0.04343 0.0735 73,125 27,702 44,637 0 46,363 0.04432 0.0764 -76,050-- -29,687 51,623 0 47,340 0,0452o 0.0795 79,092 31,752 52,688 0 48,356 0.04623 0.0827 82,256 33,900 55,835 0 47,815 0.04571 0.0660 85,546 37,731 58,068 0 48,91 0.04676 0.0894 88,968 40,054 60,441 0 50,057 0.04786 0.0430 92,527 42,470 62,607 0 51,246 0.04899 _0.0967 96,228 44,982 65,319 0 52,482 6.05017 0.1006 100,077 47,595 67,932 0 53,768 0.05140 0.1046 104,080 50,312 70,649 1988 0 20,337 0 0 27,648 1989 0 20,337 0 0 27,648 1990- -0 20,337- 0 0 27,648 1491 0 20,337 0 0 27,648 1992 0 20,337 0 0 27,648 1993 0 20,337 0 0 27,648 1994 0 20,337 0 0 27,648 1995 0 20,337 0 0 27.648 1996 0 20,337 0 0_ 27,648 1997 0 20,337 14,802 1,598 0 1498 0 20,337 0 1,598 0 -1999- 9_ 20,337- ___.-_0. 1,598-- -0 2000 0 20,337 0 1,598 0 2001 0 20,337 0 1,598 0 2002------ -0 20,337 0---- 1,598- -0 2003 0 20,337 0 1,598 0 2004 0 20,337 0 1,598 0 2005 0 20,337 0--_____1,548 0 2006 0 20,337 0 1,598 0 2007 0 20,337 0 1,548 0 1,046,000 0 1,046,000 0 1,046,000 -0 1,046,000 0 1,046,000 0 1,046,000 -0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 50,000 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 66 0 2008 0- 20,337 0------ -1,598 0- 1,046,000 -0 19,306 2009 0 20,337 0 1,598 0 1,046,000 0 20,078- 0 20,337 0 1,598 0 1,046,000 0 20,881 0 20,337 0 _1,59 -0 _1,046,000 0 21,716- 2022 0 20,337 0 0 0 1,046,000 A: 2023---- -0 20,337 -0--- -0 -0_ 1,046,000 a' 2024 0 20,337 0 0 0 1,046,000 r, 2025 0 20,337 0 0 0 1,046,000 _2026 0 20,337-- ____.0 0- -0__ 1,046,000 0 20,337 0 1,598 0 1,046,000 0 22,585 0 22,585 44,520 0 20,337 0 1,598 0 1,046,000 0 23,488 0 23,488 45,424 0 20,337 0 1,598- 0 1,046,000 -0 24,428 0 24,428 46,363 0 20,337 0 1,598 0 1,046,000 0 25,405 0 25,405 47,340 0 20,337 0 1,598 0 1,046,000 0 26,421 0 26,421 48,356 0 20,337 0 0 0 1,046,000 0 27,478 0 27,478 47,015 0 20,337 0 0 0 1,046,000 0 28,577 0 28,577 40,914 0 20,337 0 0 0 1,046,000 0 29,720 0 24,720 50,057 0 20,337 0 0 0 1,046,000 0 30,009 0 30,909 51,246 0 20,337 0 0 0 1,046,000 0 32,145 0 32,145 52,482 0 33,431 0 33,431 53,768 0 -_34,768 0___34,768 55,105__ -__0 55,105 0.05268 __0.1088__ 108,243_____53,138 __73,475 0 36,159 0 36,159 56,496 0 56,496 0,05401 0.1131 112,573 56,077 76,414 0 37,605 0 37,605 57,943 0 57,943 0.05539 0.1177 117,076 59,133 79,471 0__- ..39,109 0_____39,109 5 4,447 n_ 54,447____0.0562 0 .1224-___121,159_ 62,312_ 82,650_'' 1,750 0 29,398 49,735 10,460 39,275 0.03755 0.0236 23,482 1,750 0 29,398 49,735 10,460 39,275 0.03755 0.0270 26,865 1,750 0 29,398- 49,735 10,460 39,275 0.03755- 0,0276 27,462 1,750 0 29,398 49,735 10,460 39,275 0.03755 0.0298 29,651 1,750 0 24,398 44,735 10,460 39,275 0.03755 0.0318 31,641 1,750 0 29,398 49,735- 10,460 -37,275-- 0.03755 0.0332 33,034 1,750 0 29,390 49,735 10,460 39,275 0.03755 0.0343 34,129 1,750 0 29,398 44,735 10,460 39,275 0.03755 0.0353 35,124 1,750 0 29,348. 49,735 10,460 39,275 0.03755 0.0370 36,815 12,541 0 77,343 84,476 0 84,476 0.08076 0.0382 38,009 13,042 0 13,042 34,978 0 34,978 0.03344 0.0342 3 13,564 9 13,564 35,499 0 __35,499 0.03394___ 0.0401 _40,497 14,106 0 14,106 36,042 0 36,042 0.03446 0.0422 41,989 14,671 0 14,671 36,606 0 36,606 0.03500 0.0439 43,681 15,257 0 15,257 37,193 -0 37,193- 0.03556 0.0457- 45,472 15,868 0 15,868 37,803 0 37,803 0.03614 0.0476 47,362 16,502 17,163 17,849 18,563 0 16,502 38,438 0 38,438 0.03675 0.0507 50,447 0- 17,163 34,048 0- -39, 098 0.03738 0.0537 53,432 0 17,849 39,784 0 39,784 0.03003 0.0558 55,569 0 18,563 40,498 0 40,498 0.03872 0.0581 57,792 1-- 19,306 41,241 0 41, 241 0,03943 0.0604 --60,104--- 0 20,078 42,013 0 42,013 0.04017 0.0628 62,508 0 20,881 42,816 0 42,816 0,04093 0.0653 65,008 0 21,716 43,652 -0- 43,652 0.04173- 00679 67,608 A 4'1 c cLl men -I- 2 e :S Si L 0 Net Present Value Analysis __Eight perceot_discount_ra°. Year Net Pres. Value 1 �i 1' 1996- (146,3801_ I 2001 1124,3981, 2006 182,0761_ 2011..._ .V (45,892' 2016 115,9301 2021 8,879 2026____29,422 B /C_ Rah o_ _1.0630___:1 Falls Creek Hydro Project Monthly Power Analysis Alt. Cost Ann.-17 Month Max 1 hr. kW Hrs. 560 Energy Plant Ftr. PIt. Ftr. Ad Eff. Rate Power Cost Alt. Red. Alt. Dmd. Alt. kWh Rt. Alt. kWh Alt. Cost Alt. mills Seas. Mills Differential Noe. rate Dec. B3 _.__744__ 118,700 0.9669. 0.9833 $0.0310__ _$3,677__ $4.33._ $714-_$0 0166___$1, 970 _____$2,685 _00.0226__$0.0231 $992 $00315 Jan. 84 165 744 121,600 0.9906 0.9953 0.0314 3,812 4.33 714 0.0166 2,019 2,733 0.0225 1,079 0.0315 Feb. 165 672 100,700 0.9082 0.9530 0.0300 3,023 4.33 714 0.0166 1,672 2,386 0.0237 637 0.0315 __Mar.__ 16 7.44 _98,800 _0.8048 0 897L,_0.0203 2,792 4,33 714 0.0166 1,640 ____2,355_ 437 0.031 L ae' April 145 720 91,600 0.8774 0.9367 0.0263 2,411 4.33 628 0.0140 1,282 1,910 0.0209 0.0210 501 0.0281 a- _____Sept. 91_ 720 54,700__ 0 8349_ 0.9137. __0.0257_ _1,404 2.60 237 0.9166 908__ 1,145__ 0.020 260 0 028' ne Oct. 91 744 51,300 0.7577 0.8705 0.0245 1,255 2.60 237 0.0166 852 1,088 0.0212 167_ 0.0281__ 1 ac Nov. 165 720 96,100 0.8089 0.8994 0.0253 2,429 2.60 429 0.0166 1,595 2,024 0.0211 .404_._ 0.0281__ w' May 145 744 82,300 0.7629 0.8734 0.0214 1,761 2.60 377 0.0140 1,152 1,529 0.0186 0.0184 232 0.0245 67 June 145 720 93,400 0.8946 0.9459 0.0232 2,164 2.60 377 0.0140 1,308 2,685 0.0180 480 0.0245 12 July 145 744 74,900 0.6943 0.8332_ 0.0204_ .1,529_.__ 2.60__ _37L- 0.0140___1,049 _1,426__0.0190_ -103 09240 Aug. 99 744 61,900 0.8404 0.9167 0.0225 1,390 2.60 257 0.0140 867 1,124 0.0162 266 0.0245 Year Total 1,696 8,760 1,046,000 0.7237 NiA 0.0264 27,648 3.32 5,776 _0.0156 16,313 22,099 0.0211 _0.0211 -5,559 Seasonal Cost Calculations -FA PF 85 Rate Low Bid Price of $204,900 Plus Tax Less $30,000 Plus 51 Contingency Additional Investaent Analysis Turbine /Generator& aech /Electrocal 197,969 Access Road 10,000 Engineering 33,000 Diversion 0 Meteriag_6 other 0 Peost^P' n Total 230,969__ Powerhouse 0 other 0 Discount_Ratelinsectl 00600_ ___Total, 10,00^ Monthly Rate 0.0067 Inflation Ad 14,802 Life of Prolectlinsert months) 360 10 yearsl41 Annual Cost _______20,337_______.___ Lease Cost per kWh 0.00000 Annual /kOh Month Demand Dee. Rate Dee. Cost Hours Energy kWh cost Total Cost Tot.Cost /kWh Seas.$ /kWh Seas. Molt. 0.00280 BPA kWh va Dec._83_ 165 4.33 $714.45 ____744_____ 122760_42,037.82 $2,752.27_ 00.02242 00.016F Jan. 84 165 4.33 714.45 744 122760 2037.82 2752.27 0.02242 0.0166 1` Feb. 165 4.33 714.45 672 110880 1840.61 2555.06 0.02304 0.0166 Lc Mar 165 4.33__714.45 744._____122760_____2037.82____2752.27_ __0.02242__. 0.02256_1 1249 0.00315 _0.0160 06, April 165_ 4.33 714.45. 720 118800 1663.20 2377.65 0.02001 _0.0140_ Sept- 165 2.60 429.00 720 ._118800 1972 08 2401 08 0.020" 0.0166 Oct. 165 2.60 429.00 744 122760 2037.82 2466.82 0.02009 0.0166 4 Nov. 165 2.60 429.00 720 118800 1972.08 2401.08 0.02021 0.02013 1.0036 0.00281 0.0166 .21_ __._.._165____ 2.6D_ 429.00__.__.744_ 122760_ _1718.64_ 2147.64.__0.01749___ 0.0140 1 J u n e _165_ 2.60 429.00_ _720 118800 1663.20 2092.20__ 0.01761__. e 0.0140_._._ Jul!' '6 1.60_. 429.00 7 44__122160_1718.64__ 2147.64__x.911 n 014n H51 Aug. 165 2.60 429.00 744 122760 1718.64 2147.64 0.00749 0.01752 0.8736 0.00245 0.0140 1Z __Year Total. .6575." 8,7601 445400 92418.35____28993.60.__0.02000 '.0000 -1986 $0 $0 $0 $0 1987 212,315 17,814 0 0 1988 0 17,814 0 0 -1989 0 17,814 -0 -0 1990 0 17,814 0 0 1991 0 17,814 0 0 1992 0 17,814 _0 0_ 1993 0 17,814 0 0 1994 0 17,814 0 0 1995__ 0 17,814 .0 0 1996 0 17,814 0 0 1997 0 17,814 14,802 1,490 _1996___ 0 17,814 -0_- -1,490 1990 0 17,814 0 1,490 2000 0 17,814 0 1,490 2001 -___0 17,614 ---0.-.___1,490 2002 0 17,814 0 1,490 2003 0 17,814 0 1,490 2004_. 0 17,814 0 1,490 7 �1 2005 0 17,814 0 1,490 2006 0 17,814 0 1,490 2007__ 0---- 17,814--- -0 1,490 r. ai 2008 0 17,814 0 1,490 -2009 0 17,814 0 1,490 201^ -0 17,814. 9 1,490 2011 0 17,814 0 1,490 2012 0 17,614 0 1,490 2013 0 17,814 0 1,490 2014 0 17,614 0 1,490 2015 0 17,014 0 1,490 2016 0 17,814 0 1,490 2017 0 17,814 0 0 2018 0 17,814 0 0 2019 0 17,814 0 0 2020 0 17,814 0 0 2021 0 17,814 0 0 2022 _.__0 .-17,814 0. 0 2023 0 17,814 0 0 2024 0 17,814 0 0 2025 9 11,814 0 -0 2026 0 17,814 0 0 Econoac Analysis ralls -Creek Hydro-Pr-wed December 3, 1986 Year Investment, Other-- Additional-Purchase------ Annual-- Royalty- Operation lease Supv.- Total- Costs Total Less -Lse. Including I0C Annual Cost Investment Annual Cost Payment kWh del. Payments Maintenance Insp.Costs (Incl. Inv.lAnnual Cost Payments $0 00 27,648 1,046,000 27,648 1,046,000 27,648 1,046,000 27,648 1,046,000 27,648 1,046,000 _27,648 _1,046,000 27,648 1,046,000 27,648 1,046,000 27,648 1,046,000 27,648 1,046,000 0 1,046,000 0 1,046,000_ 0 1,046,000 0 1,046,000 ____O-1,046,000 0 1,046,000 0 1,046,000 0-1,046,00A 0 1,046,000 0 1,046,000 1,046,000. 0 1,046,000 0 1,046,000 0-1,046,000______ 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046.000 0 1,046,000 6 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 0 1,046,000 --1,046,000_--- 0 1,046,000 0 1,046,000 0__1,046,000 0 1,046,000 s0 __$0 --s0 0 1,750 0 0 1,750 0 0 -1,750 0 0 1,750 0 0 1,750 0 _0 1,750 _0 0 1,750 0 0 1,750 0 0 __1,750_____._ 0 29,396 47,212 0 1,750 0 29,398 47,212 50,000 11,657 0 76,459 60,962 .0 _12,123__ 0- -__12,123 31,428 0 12,608 0 12,608 31,413 0 13,112 0 13,112 32,417 ___0_____13,m37_ 9 13,637- 32,942 0 14,182 0 14,182 33,487 0 14,750 0 14,750 34,054 0-- ___15,34n 0 15,340__- 34,644 0 15,953 0 15,953 35,258 0 16,591 0 16,591 35,896 9- _17,255-- ---0 2-17,255 36,560 0 17,945 0 17,945 37,250 0 16,663 0 18,663 37,968 19,410 0 ._-_._19,410 38,714 0 20,186 0 20,186 39,491 0 20,993 0 20,993 40,298 0 21,833 0. 21,833 41,138 0 22,707 0 22,707 42,011 0 23,615 0 23,615 42,919 0 24,559 0 24.559 43,864 0 25,542 r 25.542 43,356 0 26,563 0 26,563 44,378 0 27,626 0 27,626 45,440 0 28,731 0 28,731 46,545 0 29,880 0 29,880 47,695 0___- 31,07 0 31,075 _48,890 0 32,318 0 32,318 50,133 0 33,611 0 33,611 51,426 D _._34,45F D '4,956_ __52,770 0 36,354 0 36,354 54,168 $0----------$0 s0 $0 0 /4- 241,713 47,212 10,460 36,752 0.03514 29,398 47,212 10,460 36,752 0.03514 29,398 47,212 10,460 36,752 0.03514 29,398 47,212 10,460 36,752 0.03514 29,398 47,212 10.460 36,752 0.03514 28,398 47,212 10,460 36,752 0.03514 29,398 47,212 10,460 36,752 0.03514 29,398 47,212 10,460 36,752 0.03514 10,460 36,752__ _0.03514 10,460 36,752 0.03514 0 00,962 0.07740 0__ 31,428 0. 0 31,913 0 0 32,417 0. -0 32,942 .0 0 33,487 0. 6 34,054 0 6--___34,644_____0. 0 35,258 0 0 35,896 0. 0-------36,560---0 0 37,250 0 0 37,968 0 0- 38,714 -0. 0 39,491 0 0 40,298 0. 0 0 41,138 0.03933 0.0735 ;2,011 0.64016 0.0764 42,414 6.04103 0.0795 43,664 0.04194 0.0E27 43,356 0.04145 0.0860 44,378 0.04243 0.084 45,440 0.04344 0.0930 0 46,545 0.04450 0.0967 0 47,695 0.04560 0.1006 A- 14-0,dime6- Net Lost Current -Yr. Alt.- Supply- Alt.- Sply.- -Noa.- Prot Cash Flaw s /kUh f /k *h eff.cost Benefit Alt. Coap'.5 0.0222- -$0 $0 $0 0.0222 22,089 (14,6631 (209,1641 0.0236 23,482 (13,270) 4,544 0.0270 26,865 (9,8871- 7,927 0.0776 27,462 (9,2901 8,524 0.0298 29,651 (7,1011 10,714 0.0318_ 31,641___ (5,1111 12,704 0.0332 33,034 (3,7181 14,097 0.0343 34,129 (2,623) 15,191 0.0353 35,124 (1,6281 16,186 0.0370 36,815 63 17,678 0.0382 38,009 (42,9521 (30,4501 r 03005_ _0.0392 _39,004 7,576_____26,881 .03051 0.0407 40,497 8,584 27,889 03099 0.0422 41,989 9,572 28,877 1. .03149 -_0.0439 _43,681__- 10,739_ 30,044 03201 0.0457 45,472 11,485 31,289 0 .03256 0.0476 47,362 13,308 32,613 03312 0.0507 4 n,447 15,803 35,107 .03371 0.0537 53,432 18,174 37,474' 03432 0.0558 55,569 19,673 38,978' 1 .03495 0.0581 57,792 21,232 40,537 .03561 0.0604 60,104 22,854 42,158 .03630 0.0628 62,508 24,540 43,845' 43701 0.0653- 65,008- 26,294 45,599` .03775 0.0679 67,608 28,118 47,422' 03853 0.0707 70,313 30,015 49,319 -73,125- 31,987 51,292 76,050 34,039 53,344 79,092 36,173 55476 1 30,392.-- 5',697 85,546 42,190 60,005 88,968 44,590 62,405 92,527 47,086 96,228 49,682 100,077 52,382 64,901 67,497 70,197 48,890.- .0.04674______0.1046_____104,08" 55 ,190- 73,005 0 50,133 0.04793 0.1088 108,243 58,110 75,925 0 51,426 0.04916 0.1131 112,573 61,147 78,962 0 52,770__-_0.0504 9. 1177 117,076 -64,306 02,120' 0 54,168 0.05179 v 0.1224 (21,759 67,591 85,405' C dB J9 [1; 7 Ls 117 !8 __April Sept._ Oct. Nov. May June July Aug. Year Total Month Dec. 83 Jan. 84 Feb. Mar.. April Sept. Oct. Nov sic i _May Jane 51 July al Aug. Year Net Pres. Value 1996 (128,0491 2001 (102,5801 2006_____ 154,9 2011 (13,4060 2016 21,839 2021__ 51,708 2026 77,021 B/C Ratio 1.1680 :1 145 145 145 99 _165 165 165, 165 Net Present_Yalue.Analysus___ 7.5 percent discount rate Falls Creek Hydro Project___ Monthly Power Analysis Demand_._ Dea._Rate_ Dem. Cost 165 4.33 $714.45 165 4.33 714.45 _165__.-_4.33_____ 714.45 165 4.33 714.45 4.33_____714.45 2.60 429.00 2.60 429.00 2.60______429.00 165 2.60 429.00 1 65 2.60 429.00 165 2.60 429.00 165 2.60 429.00 Year Total 6575.25 Low Bid Price of_$204, 900 _Plus_Tax_Less- $30,000_Plus_51 Contcngeocy__._ _Additional_Investment_Analm. Turbine /Generator& meth /Electrical 197,969 __Engineering_ 14,34k Metering other Q_ Total 212,315_ Discount Rate )insert) Monthly Rate Life of Projectlinsert months) Annual Cost Lease Cost per kWh 17,814 0.00000 Access Road 10,000 ___Diversion Penstock 0 Powerhouse 0 other -0_ 0.0750 Total 10,000 0.0063 Inflation Ad 14,1102 360_ 10 years84Y Month Max 1 hr. kW Hrs._ 550 Energy Plant.Ftr. Plt. Ftr._ Rd Eff. Rate Power Cost Alt. Dad. Alt. Dmd. $_Alt. kWh Rt. Alt. kWh Dec. 83 185 744 118,700 0.9669 0.9133 40.0310 $3,677 $4.33 $714 $0.0166 $1,970 Jan. 84 165 744 121,600 0.9906 0.9453 0.0314 3,812 4.33 704 0.0166 2,019 Feb. 165_.._ 672 100, 0 9082___0.9530___0.0300 3,023_ 4.33 _714 0.0166__1,672_ Mar. 165 744 98,800 0.8048 0.8971 0.0283 2,792 4.33 714 0.0166 1,640 14 _720______91,600 0 8774 __0.9367______0.0263___-___2,411_______ 4.33 _628_ _0.0140.____1,282____ _1,910_____0.0209 0.0210_______501_0.0281_ 91 720 54,700 0.8349 0.9137 0.0257 1,404 2.60 237__ 0.0166___ 9013 1,145 0.0209 260 0.0281 91 744 51,300 0.7577 0.8705 0.0245 1,255 2.60 237_ 0.0166 852 1,088 0.0212 167 0.0281 .___165 1 20__96, 100___-0.8089 _9.8994_____0.0253 ?,429, 2 60 429 0 0166___ _1,595_ 2,024______0.021 4 04,0.0281 744 82,300 0.7629 0.8734 0.0214 1,761 720 43,400 0.8546 0.9459 _0.0232_ 2,164 744 74,900 0.6043 0.8332 0.0204 1,529 744 61,900 0.8404 0.9167 0.0225 1,390 1,686 8,760 1,046,000 0.7227 6/8 0.0264 27,648 2.60 377 0.0140 1,152 1,529 0.0186 2.60 377_ 0.0140____ 1,308 1,685 0.0180_ 2.60 377 0.0140 1,049 1,426 0.0190 2.60 257 0.u140 867 1.124 0.0182 2.32 5,776 0.0156 16,313 2:480 0.0211 Seasonal Cost Calculation=. -BPA Pt 85 Rate Annual S /kwh Hours Energy__ _k6h_cost_ Total Cost Tot .Cost /kWh_5eas.$ /kWh_Seas._ Nutt 0.00280_ BPA_kW0_$ 744 122760 82,037.82 12,752.27 40.02242 744 122760 2037.82 2752.27 0.02242 672_ ___110880___ 1040.61_ 2555.06__ 0.02304_____ 744 122760 2037.82 2752.27 0.02242 0.02256 1.1249 720___ 118800_ 1663.20__ _2377.65 0.0204 720 118800 1972.08 2401.08 0.02021 744 122760 2037.82 2466.82 0.02009 7 20__-___118800_____1972.08_____2401.08_____0.02021-____0.0201 1 744 122760 1718.64 2147.64_ 0.01749 720._._118800_.__ -1663 20 2092 20 _0 01761 744 122760 1718.64 2147.64 0.01749 744 122760 1718.64 2147.64 0.01749 0.01752 8,760 1445400 22418.35 28993.60 0.02006 0.00315 0 .014 0 0.0166 0.0166 1.0036 __0.00281_,.__0.01x 0.0140 0.0140 0.0140 0.0140 0.8736 0.00245 1.0000 n 40.0166 0.0166 9.016 0.0166 Alt. Cost Ann. =27 Alt. Cost. Alt. wills Seas. Mills Differential Mum. rate__- $2,685 $0.0226 40.0231 4992 80.0315 2,733 0.0225 1,079 0.0315 2,386_ 0.0237 637_____0.0315_______ -T 2,355 0.0238 437 0.0315 0.0184 232 0.0245 _480 0.0245 103 0.0245 266 0.0245 0.0211 5,559 ,r C r C c C C- d 55, sb ins INDUSTRIAL STATISTICIAN Department of Labor Industries Employment Standards 'Section General Administration Buildin Olympia, WA 88504- ,08315 (208) 753-4019 CONTRACTORS; DISTRIBUTE APPROVED STATEMENTS AS FOLLOWS: (PINK COPY) ORIGINAL CONTRACT AWARDING AGENCY (GREEN COPY) DUPLICATE INDUSTRIAL STATISTICIAN (Retained by Department) (BLUE COPY) TRIPLICATE —PRIME CONTRACTOR (YELLOW COPY) QUADRUPLICATE =SUBCONTRACTOR F700 -029 -000 Intent to Pay (11/85) QX A -79 3 13! Statement' of .TO PREVAILING WAGES (Public Works Contract) ontract/BPW Date Bid_ Was Due" 5 /21786 Pate-,-.Contract;-Awarded County; Which :N Work' !CT, AT.T:AM Pie Contractor'CRT)AR` 'Tt TT)GR. 'c.ONST .'TNC. Your Contractor's" Registration'' Certificate„ No CFTIARRC ,1 97" 129 o `You 'Inten To;1Use ctors' Yes C� No'D- In --compliance-with,--KW 39:12:040. I;. tlie `undersigned, =being' a duly, authorized ,,representative of •i',A_W TRTTCICING`` 'FXCAV (Contractor. or Subcontractors (Address) _o:'hereby:,:certify that the fallowing'rates Y :of `hourly ,wage d an ourly- fringe benefits will be`,paid' to -all`- laborers, workers aind` mechanics' employed by,me, upon; the public' works project described above and that 11O laborer; worker or,mechanic,'* ll• =,paid less:than; the "prevailing rate, of wage "..as determ ned:by, the 4ndustrial'Statsticianof`:tle4department of. Labor. and;Iandustries:' 'I. ASE 'NOT =`uP Tex tic y.: e `gip ire fuse ',they' ust-¢be'- registered rwith .the :S,tate A:p- p e t c�eship ei1';, tngt 6 a ay of ring`° r hey` a tal e pre ailing',.youTne wages for,; the°tbike' tlge;t ate of.reg�at atiaiat:, _CRAFT. N_; flMATED NtYMBEIi'. RATE ORS RATE'�OF HOURLY* OF rp ORKEIIS H OURLY' PAY FRINGE ,B1 P1141IT'3 •10 'YD: "DUMP 'TRUCK DRIVER' LOADER' OPERATOR UNDER" 6 ,YDS; Nora:., Attach Additional Sheefs Subscribed; ,and°w sworn. d efore., me- Notary Pubticin and for the State of Waehingtori,'tesid in,g in Washington. F APPROVED mpainy N For 'L A& I= Use Only Department' of Labor &:Industries Industrial ,Statiaticiant,-' ate:. LAWSON TgUCKxING 'EXCAVATING y _4.16 BEFORE FINAL SETTLEMENT can lie made on works project,, the` prime contractor and :each '''and'every subcontractor must submit' form LI -700 -7 70ft er►'? -000) "Affidavit of Wages Paid" to the officer _E, i !*f'oubbie f,]Ytd` P ;,t .'Y 't?it%4'- '^z`9 P A 'rn M?TS1 Pr "/}n ''_s v.7 .'Lr .'.l l if.lUP w d.`?,' A'4 Y- d S }1 t,k e? .».L 'a #KJ LAG ri �.1 TRIES:.BEFORE -IT IS SUBMITTED* TO SAID OFFICER PROGRESS' PAYMENTS: "Eachvoucher claim submitted to an`owner by a• contractor for :payment on a• project estimate shall; stat th prevailing wages have been paid in accordance with the prefiled statement or, statements 'of intent to,'pay prevailing wages on' file with the, public- agency: ",COMPLETE AND MAIL ENTIRE SET FOR' APPROVAL ,TO 'Employment, Standards Section, Department of Labor and Industries; Olympia;, Washington 9 6 8504- 031 RECEIVED x 1 SEP 0 8 19 86 DEPT. OF L I February 13, 1986 ELECTRICAL CONSTRUCTION COMPANY OF OREGON City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 Dear Ms. Anderson: Industrial /Commercial Electrical Contracting and Engineering 2121 N.W. Thurman Street P.O. Box 10286 Portland, Oregon 97210 -0286 Telephone (503) 224 -3511 We have recieved your letter dated Feburay 10, 1986, in which you state we are not in compliance with RCW 35.23.352. We stand firm in our belief that we did comply fully with your bid documents. I am referring to the "invitation to bid" section 00020, which reads, in part, as follows: "Each bid shall be accompanied by a bid guarantee of 5% of the bid amount, and payable to the City of Port Angeles, in accordance with the "Instructions to Bidders Section 0100, Instructions to Bidders, NSPE 1910 -12, Page 2, Paragraph 6 Bid Security reads as follows: "6.1 Bid Security shall be made payable to Owner, in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is pre- scribed) issued by a Surety meeting the requirements of paragraph 5.1 of the General Conditions We hold that we did comply by providing you with a "bank check The bid documents did not cite RCS 35.23.352 as a part of this bid package. It is readily apparent that several other low bids might not be considered, because they failed to list the equipment that was to be supplied. We find it difficult to believe that the Staff or City Council would want to answer to the taxpayers for rejecting a proposal that represents many thousands of dollars in savings. ,s. ELECTRICAL CONSTRUCTION COMPANY City of Port Angeles February 13, 1986 Page Two Please let me reiterate, we stand resolute that we are in compliance and as the low bidder, should be awarded the contract for this work. Sincerely, '7 d d-?-G arold F. Bauder President /General Manager /jb February 4, 1986 City of Port Angeles 140 W. Front St. P.O. Box 1150 Port Angeles, WA 98362 Sincerely, ELECTRICAL CONST RUCTION COMPANY OF O REGON Harold F. Bauder President /General Manager /jb cc: Greg Booth, Power Manager Enclosure: Bid Bond Industrial /Commercial Electrical Contracting and Engineering 2121 N W. Thurman Street P.O. Box 10286 Portland, Oregon 97210 -0286 Telephone (503) 224 -3511 Attention: Office of City Clerk Re: Morse Creek Hydro Project Contract 533 -1 Dear City Clerk: Enclosed is our Bid Bond for the above referenced project. Please return the bid deposit check to us. P 616 343 489 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to E ;C Cti/ Oonsfrvcti Of 00 Auk N A,?nr n F RAIR rR Street and No, 2 K 10a$r4 P.O State and ZIP Code fa (C.fmd, ref 97ain- o.2 Postage I Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, Date, and Address of Delivery TOTAL Postage and Fees I Postmark or Date R. Cohn Bennett President u FEBRUARY 12, 1986 CITY OF PORT ANGELES LIGHT DEPARTMENT P.O. BOX 1150 PORT ANGELES, WA 98362 RE: HAULER /CITY OF P.A. GENTLEMEN, PLEASE FIND ENCLOSED YOUR TITLE INSURANCE POLICY NO. M-52617 COVERING THE PROPERTY YOU PURCHASED FROM MR. ALBERT G. HALLER. VERY TRULY YOURS, PIONEER TITLE COMPANY OF CLALLAM COUNTY, INC. THANK YOU FOR THIS OPPORTUNITY TO BE OF SERVICE TO YOU AND IF WE CAN BE OF ANY FURTHER ASSISTANCE IN THE FUTURE, PLEASE DO NOT HESITATE TO CONTACT THIS OFFICE. PIONEER TITLE COMPANY OF CLALLAM COUNTY, INC. K. --Ctl-e„„‘,.. t _kr/ R. COLIN BENNETT PRESIDENT TLM ENC: S .►St 204 SOUTH LINCOLN STREET (P.O. BOX 248) PORT ANGELES, WASHINGTON 98362 (206) 457 -8553 PIONEER NATIONAL TITLE INSURANCE ATICOR COMPANY PIONEER NATIONAL TITLE INSURANCE COMPANY, a California corporation, herein called the Company, for a valuable consideration, and subject to the conditions and stipulations of this policy, does hereby insure the person or persons named in item 1 of Schedule A, together with the persons and corporations included in the definition of "the insured" as set forth in the conditions and stipulations, against loss or damage sustained by reason of: 1. Title to the estate, lien or interest defined in items 3 and 4 of Schedule A being vested, at the date hereof, otherwise than as stated in item 2 of Schedule A, or 2. Any defect in, or lien or encumbrance on, said title existing at the date hereof, not shown in Schedule B, or 3. Any defect in the execution of any instrument shown in item 3 of Schedule A, or priority, at the date hereof, over any such instrument, of any lien or encumbrance not shown in Schedule B, provided, however, the Company shall not be liable for any loss, damage or expense resulting from the refusal of any person to enter into, or perform, any contract respecting the estate, lien or interest insured. The total liability is limited to the amount shown in Schedule A, exclusive of costs incurred by the Company as an incident to defense or settlement of claims hereunder. This policy shall not be valid or binding until countersigned below by a validating officer of the Company. Coun igned By M -52617 Validating Signatory Pioneer National Title Insurance Company by TO 1483 PNTI WA (2-77) Washington Land Title Association Standard Form Policy Policy of Title Insurance Led) )1 President Secretary S•121 CAT- NO- NN00370 1. Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public or private easements, streets, roads, alleys or high ways, unless disclosed of record by recorded Plat or conveyance, or decree of a Court of record; rights or claims of persons in possession, or claiming to be in possession, not disclosed by the public records; ma- terial or labor liens, or liens under the Workmen's Compensation Act not disclosed by the public records; water rights or matters relating thereto; any service, installation or construction charges for sewer, water, electricity, or garbage removal. 2. Exceptions and reservations in United States Patents: right of use, control or regulation by the United States of America in the exercise of powers over navigation; limitation by law or governmental regulation with re- spect to subdivision, use, enjoyment or occupancy; any 1. The Company shall have the right to, and will, at its own expense, defend the insured with respect to all demands and legal proceedings founded upon a claim of title, encum- brance or defect which existed or is claimed to have existed prior to the date hereof and is not set forth or excepted here- in, reserving, however, the option at any time of settling the claim or paying the amount of this policy in full In case any such demand shall be asserted or any such legal proceedings shall be instituted the insured shall at once give notice there- of in writing to the Company at its home office and, if the in- sured is a party to such legal proceedings, secure to the Company, within ten days after service of first process upon the insured, the right to defend such legal proceedings in the name of the insured so far as necessary to protect the in- sured, and the insured shall render all reasonable assist- ance in such defense If such notice shall not be given, or the right to defend secured, as above provided, then all liability of the Company with regard to the subject matter of such demand or legal proceedings, and any expense in- cident thereto, shall terminate, provided, however, that failure to give such notice shall in no case prejudice the claim of the insured unless the Company shall be actually prejudiced by such failure and then only to the extent of such prejudice. 2. In the event of final judicial determination by a court of competent jurisdiction, under which the estate, lien or in- terest insured is defeated or impaired by reason of any ad- verse interest, lien or encumbrance not set forth or excepted herein, claim may be made as herein provided. A statement in writing of any loss or damage, for which it is claimed the Company is liable, shall be furnished to the Company at its home office within sixty days after such loss or damage shall have been ascertained. No right of action shall accrue with respect thereto until thirty days after such statement shall have been furnished and no recovery shall be had un- less an action shall have been commenced thereon within one year after the expiration of said thirty days. Any rights or defenses of the Company against a named insured shall be equally available against any person or corporation who shall become an insured hereunder as successor of such named insured. 3. The Company may at any time pay this policy in full, whereupon all liability of the Company shall terminate. Every payment made by the Company, exclusive of costs incurred by the Company as an incident to defense or settle- ment of claims hereunder, shall reduce the liability of the Company by the amount paid. The liability of the Company shall in no case exceed the actual loss of the insured and costs which the Company is obligated to pay. When the Company shall have paid a claim hereunder it shall be sub rogated to all rights and remedies which the insured may have against any person or property with respect to such claim, or would have if this policy had not been issued, and the insured shall transfer all such rights to the Company. If the payment made by the Company does not cover the loss of the insured, such subrogation shall be proportionate. Schedule B, General Exceptions prohibition or limitation on the use, occupancy or im- provement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land; defects, liens, encumbrances, or other matters created or suffered by the insured; rights or claims based upon instruments or upon facts not dis- closed by the public records but of which rights, claims, instruments or facts the insured has know- ledge. 3. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 4. "Consumer credit protection," "truth -in- lending," or similar law, or the failure to comply with said law or laws. Conditions and Stipulations Whenever the Company shall be obligated to pay a claim un- der the terms of this policy by reason of a defect in the title to a portion of the area described herein, liability shall be limited to the proportion of the face amount of this policy which the value of the defective portion bears to the value of the whole at the time of the discovery of the defect, un- less liability is otherwise specifically segregated herein. If this policy insures the lien of a mortgage, and claim is made hereunder, the Company may pay the entire indebted- ness and thereupon the insured shall assign to the Company the mortgage and the indebtedness secured thereby, with al instruments evidencing or securing the same, and sha con- vey to the Company any property acquired in full or partial satisfaction of the indebtedness, and all liability of the Company shall thereupon terminate. If a policy insuring the lien of a mortgage is issued simultaneously with this policy and for simultaneous issue premium as provided in rate schedule any payment by the Company on said mortgage policy with respect to the real estate described in Schedule A hereof shall reduce pro tanto the liability under this policy. All actions or proceedings against the Company must be based on the provisions of this policy. Any other action or actions or rights of action that the insured may have or may bring against the Company with respect to services rendered in connection with the issuance of this policy, are merged herein and shall be enforceable only under the terms, con- ditions and limitations of this policy. 4. The following terms when used in this policy mean: (a) "named insured the persons and corporations named as insured in Schedule A of this policy: (b) "the insured such named insured together with (1) each successor in ownership of any indebtedness secured by any mortgage shown in Item 3 of Schedule A, (2) any owner or successor in ownership of any such indebtedness who acquires title to the real estate described in Item 4 of Schedule A, or any part thereof, by lawful means in satisfaction of said indebtedness or any part thereof, (3) any governmental agency or instrumentality which insures or guarantees said indebtedness or any part thereof, and (4) any person or corporation deriving an estate or interest in said real estate as an heir or devisee of a named insured or by reason of the dissolution, merger, or consolidation of a corporate named insured, (c) "date hereof the exact day, hour and minute specified in Schedule A; (d) "pub- lic records records which, under the recording law, impart constructive notice with respect to said real estate, (e) "home office the office of the Company at the address shown hereon; (t) "mortgage mortgage, deed of trust, trust deed, or other security instrument described in Schedule A. 5. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be ad- dressed to it at the office which issued this policy or to its Home Office, Claims Department, 6300 Wilshire Boulevard, PO Box 92792, Los Angeles, California 90009 CAT NO NN01047 TO 2333 (8 -83) Washington LAND TITLE ASSOCIATION STANDARD Form Policy Number I Amount of Insurance J50 025628 1. Name of Insured: THE NAMED INSURED. 3. Estate, lien or interest insured: FEE SIMPLE ESTATE. Date of Policy a5_ann.00 8/2/85 2 8:00 A.M. $432.00 CITY OF PORT ANGELES, A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON. 2. Title to the estate, lien or interest insured by this policy is vested in: 4. Description of the Real Estate with respect to which this policy is issued: SEE EXHIBIT "A" ATTACHED FOR LEGAL DESCRIPTION. Agent's Order No.: M.- 5 9 517 Premium Schedule A CRC 0 M TO 1485 PNTI WA (2 -75) Washington Land Title Association Standard Form Policy No. M 52617 DEFECTS, LIENS, ENCUMBRANCES AND OTHER MATTERS AGAINST WHICH THE COMPANY DOES NOT INSURE: Schedule B All matters set forth in paragraphs numbered 1 to 4, inclusive, in the inside cover sheet of this policy under the heading Schedule B General Exceptions. Special Exceptions: (1) GENERAL TAXES, AS FOLLOWS, PLUS INTEREST AFTER DELINQUENCY FOR YEAR AMOUNT BILLED AMOUNT PAID 1985 $11.72 $6.80 F.P. $5.86 $3.40 F.P. BEING COUNTY TREASURER'S PARCEL NO. 05- 30 -20- 430225 NOTE: A PORTION OF WHICH HAS BEEN SEGREGATED AS COUNTY PARCEL NO. 05- 30 -20- 430250. SECOND HALF DELINQUENCY FOR SAID SEGREGATED PARCEL IN THE AMOUNT OF $.42 CENTS. AFFECTS PARCEL "A" GENERAL TAXES, AS FOLLOWS, PLUS INTEREST AFTER DELINQUENCY FOR YEAR AMOUNT BILLED AMOUNT PAID 1985 $30.57 $9.66 F.P. $30.57 8.23 F.P. BEING COUNTY TREASURER'S PARCEL NO. 05- 30- 29- 210000 NOTE: DELINQUENT SECOND HALF FIRE PATROL IN THE AMOUNT OF $1.43. AFFECTS PARCEL "C" SEE EXHIBIT "B" ATTACHED FOR FURTHER EXCEPTIONS. END OF SCHEDULE "B" TLM M- 52617 -T LEGAL DESCRIPTION EXHIBIT "A" PARCEL "A THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, IN SECTION 20, TOWNSHIP 30 NORTH, RANGE 5 WEST, W.M., CLALLAM COUNTY, WASHINGTON, LYING WESTERLY OF THE CENTERLINE OF MORSE CREEK. PARCEL "B THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER IN SECTION 20, TOWNSHIP 30 NORTH, RANGE 5 WEST, W.M., CLALLAM COUNTY, WASHINGTON, LYING WESTERLY OF THE CENTERLINE OF MORSE CREEK. PARCEL "C THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 30 NORTH, RANGE 5 WEST, W.M., CLALLAM COUNTY, WASHINGTON, EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF PORT ANGELES BY DEED RECORDED UNDER AUDITOR'S FILE NO. 129766; ALSO EXCEPT THAT PORTION LYING WEST OF THE BROW OF THE HILL CONVEYED TO LESLIE E. WHITTY AND BLANCHE E. WHITTY, HIS WIFE, BY DEED RECORDED UNDER AUDITOR'S FILE NO. 298779. PARCEL "D THE WEST ONE -HALF OF THE WEST ONE -HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 30 NORTH, RANGE 5 WEST, W.M., CLALLAM COUNTY, WASHINGTON. M- 52617 -T EXLtPT I ONS CONTINUED. EXHIBIT "B" A. RESERVATIONS CONTAINED IN DEED EXECUTED BY JOHN FREIMAN, MAMIE FREIMAN, HELEN GOTTO, ARTHUR GOTTO, CELIA SIMON, NICHOLAS FREIMAN AND MARY THOM RECORDED JUNE 2, 1947 AUDITOR'S FILE NO. 230892 AS FOLLOWS GRANTORS TO RETAIN ALL MINERAL AND OIL RIGHTS AFFECTS PARCEL B AND OTHER PROPERTY B. RESERVATIONS CONTAINED IN DEED EXECUTED BY CELIA SIMON AND HERMAN A. SIMON, HER HUSBAND, JOHN J. FREIMAN, A BACHELOR, SISTER MARY ANGELUS FREIMAN, A SPINSTER, MAYME A. FREIMAN, A SPINSTER, WHO ACQUIRED TITLE AS MAMIE A. FREIMAN, HELEN GOTTO AND ARTHUR GOTTO, HER HUSBAND RECORDED AUGUST 22, 1947 AUDITOR'S FILE NO. 232538 AS FOLLOWS SAID RESERVATION PERTAINS TO OIL AND GAS AND MINERALS AFFECTS PARCEL D AND OTHER PROPERTY C. AN EASEMENT AFFECTING THE PORTION 'OF SAIDIPREMISES AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES. FOR INGRESS AND EGRESS IN FAVOR OF E. M. MORISON RESERVED BY INSTRUMENT RECORDED JANUARY 25, 1971 AUDITOR'S FILE NO. 400961 AFFECTS PORTION OF PARCELS A f; B D. ANY QUESTION THAT MAY ARISE DUE TO SHIFTING OR CHANGE IN THE COURSE OF THE RIVER OR CREEK HEREIN NAMED, OR DUE TO SAID RIVER OR CREEK HAVING CHANGED ITS COURSE. NAME OF RIVER OR CREEK MORSE CREEK M- 57517 -T EXHIBIT "B" PAGE 2 E. ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT: (A) SOME PORTION OF SAID LAND IS TIDE OR SUBMERGED LAND, OR HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED. B) SOME PORTION OF SAID LAND HAS BEEN BROUGHT WITHIN THE BOUNDARIES THEREOF BY AN AVULSIVE MOVEMENT OF THE MORSE CREEK OR HAS BEEN FORMED BY ACCRETION TO SUCH PORTION. F. RIGHTS AND EASEMENTS FOR COMMERCE, NAVIGATION AND FISHERY. CAT. NO. NN01130 TO 2471 TTICCA (9 -83) Attached to and forming a part of: 1. Commitment No. ENDORSEMENT ISSUED BY Ticor Title Insurance Company of California 2. Policy of Title Insurance No. M- 5 2 617 or 3. No. WHEREAS, Ticor Title Insurance Company of California, a California corporation, has acquired permission from the company whose name is shown as issuer or insurer on the document to which this endorsement is attached to underwrite and assume the obligations and liability thereunder, and, WHEREAS, Ticor Title Insurance Company of California does, by this endorsement, assume all the obligations and liability of the company whose name is shown as issuer or insurer of the documents to which this endorsement is attached. NOW, THEREFORE, wherever in the commitment, policy, or other document to which this endorsement is attached the name of a title insurance company other than "Ticor Title Insurance Company of California" appears as issuer or insurer, that name is hereby amended to the name: Dated as of the effective date of the document to which this endorsement is attached. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA This endorsement, when countersigned below by a Validating Signatory, is made a part of the commitment, policy, or other document to which it is attached and is subject to all of the terms and provisions thereof and any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the document and prior endorsements, if any, nor does it extend the effective date of the document and prior endorsements, if any, nor does it increase the face amount of liability thereof. IN WITNESS WHEREOF, the Ticor Title Insurance Company of California has caused its corporate name and seal to be hereunto affixed by its duly authorized officers. By Validating Signatory TICOR TITLE INSURANCE COMPANY OF CALIFORNIA By l 11h� o President Countrgned: Attest �0/J Secretary Principal Office: 6300 Wilshire Boulevard, P. O. Box 92792, Los Angeles, California 90009 o.emmi■ a 7'j J�U 140 WEST FRONT ST P 0 BOX 1150 PORT ANGELES, WASHINGTON 98362 cOs PHONE (206) 457 -0411 ,ST RATIVE February 10, 1986 Electrical Construction Co. ATTN: Harold F. Bauder P. 0. Box 10286 Portland, OR 97210 -0286 Dear Mr. Bauder: CITY OF PORT ANGELES The City Clerk's Office received a bid bond from your firm Fri- day, February 7, 1986, for your bid on mechanical and electrical equipment for the Morse Creek Hydroelectric Project No. 533 -1. I must inform you that this is not in compliance with RCW 35.23.352, which stipulates that: SLA:LF Enclosure Each bid shall be accompanied by a bid proposal deposit in the form of a cashier's check, postal money order, or surety bond to the council or commission for a sum of not less than five percent of the amount of the bid, and no bid shall be considered unless accompanied by such bid proposal deposit. This requirement was also included in the bid specifications. I am returning your company check and retaining the bid bond as you request, but I must inform you that staff will inform the City Council of these non compliances prior to their considera- tion of the bids, which were opened January 23, 1986. Very truly yours, N- Sherri L. Anderson Acting City Clerk EC COMPANY GENERAL OFFICES 2121 N. W. THURMAN AVENUE 503 224 -3511 P. O. BOX 10286 PORTLAND, OREGON 97210-0286 a to the I order of C I -y Q-e Pert" A Y1 9 c? l e S ELECTRICAL CONSTRUCTION CO. E. C. DISTRIBUTING POWER SYSTEMS O o 71-7.-) e n' F 1IIF_ r k CDr1�'0' 0 Y1 /r)c YOUR ENDORSEMENT ON 14115 CHECK ACKNOWLEDGES PAYMENT ON THE FOLLOWING ACCOUNT(S) 1 I mr) r ce_ c ee 1-1wA ene\bc- I r(' P c:-'t I IICOY1 K3 -)t- I I I II G 0001130 1 1 2 3000 1 2 3': 5 5 2 002 0 911' O\- a 19 96_ 24- 12/552 1230 4 4:_,Q1 ,y ,e'Lz-ei-1-177 "a 5 :0 Dollars 2 Fideity and Deposit Company KNOW ALL MEN BY THESE PRESENTS: That we ,.....E...C...COMEIANK FQRI'LAND.., .0.IL- 9.72.107-Q2.8 Witness C325d -150M, Approved by The American Institute of Architects, A.I.A. Document No. A -310 February 1970 Edition. HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 BID BOND Bond No as Principal, (hereinafter called the "Principal and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety are held and firmly bound unto....CI'.TX...QF...PUT ANGELES, WA as Obligee, (hereinafter called the "Obligee in the sum of FIYE._ PERGEIiL -_QF.. THE _TQTAL...AMQ11NT BID Dollars -54 for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for._ Me- chani. cal and. -Electrica.1._e_quipmeut- ..fox.._ the Morse Creek Hydroelectric Project, Contract No. 533 -1. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 31s.t day of _January A D. 19_.8.6.. E C COMPANY /ef: %/d �...�(SEAL) f Prif�ctpc:l President /General Manager Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety Muriel van Veen -AL !R:�_-.c-.C,.! (SEAL) Title Attorney -in -Fact *Provided, however, neither principal nor surety shall be bound hereunder unless obligee prior to exech o. the final contract shall furnish evidence sati5f. to principal and surety that financing has been firmly committed to cover entire cost of project. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by R. W. BUDDENBOHN Vice President, and M. J. SCHNEBELEN Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which reads as follows: "The Chairman of the Board, or the President, or any Executive Vice President, or any of the Senior Vice Presidents or Vice Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice Presidents, Assistant Vice Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of Judgements, decrees, mortgages and instruments in the nature of mortgages, and to affix the seal of the Company thereto." does hereby nominate constitute and appoint Muriel Van Veen of Portland, Oregon its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice- President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 10th day of July A.D. 198.5 FIDELITY AND DEPOSIT COMPANY OF MARYLAND L1428.--Of —180-7526 „s. Assistant Secretary Vice- President STATE OF MARYLAND CITY OF BALTIMORE J On this 10th day of July A.D. 1985 before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice- President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed by Official Seal, at the City of ltimore, the day Ind year first above written. Notary Public i mission Expire CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice President who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of the FIDELITY AND DEPOSIT COMPANY CF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN ,TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 31E t day of January 19 a.6. ly 1,, 1986 FOR YOUR PROTECTION LOOK FOR THE F &D WATERMARK Parker, Smith ISSUED TO: COVERAGES PROVIDED COMPREHENSIVE* NAME OF INSURANCE COMPANY 1. Employers of Wausau 2. Employers of Wausau 3. United National Insurance Co. 4. Employers of Wausau By: Date of Issue: December 13, 1985 Feek, n PARKER, SMITH FEEK, INC. Donald L. MacLane CERTIFICATE OF INSURANCE CITY OF PORT ANGELES P. 0. Box 1150 Port Angeles, Washington 98362 NAME OF INSURED: GENERAL CONSTRUCTION COMPANY, A DIVISION OF WRIGHT SCHUCHART, INC. P. 0. Box 24506 Seattle, Washington 98124 This is to certify that the insurance indicated hereunder has been issued and is in full force and effect as of the effective date(s) indicated on this Certificate. This Certificate of Insurance does not in any way amend, extend, alter or vary the coverage afforded by the policy or policies referred to herein, nor does it confer any coverage to the Certificate Holder, except as may be specifically stated at the bottom of this Certificate. It is simply a synopsis or summary of the actual insurance contracts. *COVERAGES PROVIDED: Comprehensive Liability, including Premises and Operations, Contractor's Protec- tive, Blanket Contractual, Personal Injury, Employers' Contingent (Monopolistic States "Stop Gap Products /Completed Operations, Employees as Additional Insureds, All Owned, Nonowned and Hired Vehicles, and Broad Form Property Damage. 1. Bodily Injury and Property Damage Liability Combined Single Limit 2. Auto Combined Single Limit Bodily Injury and Property Damage Liability 3. Bodily Injury and Property Damage Liability Combined Single Limit IN EXCESS OF the primary limits and coverages indicated under Items 1 2 4. Bodily Injury and Property Damage Liability Combined Single Limit IN EXCESS OF the primary limits and coverage indicated under Item 3. POLICY NUMBER 2326 -00- 045191 2336 -00- 045191 XTP 13222 5726 -00- 103128 Insurance Brokers /Surety Bonds 1700 First Interstate Center /999 3rd Avenue Seattle, Washington 98104 (206) 382 -7900 Telex (71) 296332 PSFS UR EFFECTIVE DATE 11/16/85 11/16/85 11/27/85 11/27/85 EXPIRATION DATE 10/01/86 10/01/86 10/01/86 10/01/86 ALEXANDER HOWDEN I SURANCE SERVICES, INC. By: �bY1Q r�•� R. Stromii4g LIMITS 1,000,000. Each Occurrence 1,000,000. Aggregate 1,000,000. Each Occurrence 2,000,000. Each Occurrence 2,000,000. Aggregate 2,000,000. Each Occurrence 2,000,000. Aggregate DESCRIPTION OF ITEM, LOCATION, OR PROJECT TO WHICH THIS CERTIFICATE APPLIES: Covering "ALL OPERATIONS" of the Named Insured; subject, however, to all the provisions, limitations and exclusions of these policies. TWENTY (20) days' written notice of cancellation or reduction in amounts of insurance shall be given to the above named holder of this certificate. Article 18. The terms and conditions expressly set forth in the license shall not be construed as impairing any terms and conditions of the Federal Power Act which are not expressly set forth herein. '1 r ANDREA BEATTY RINIKER Director City of Port Angeles P. 0. Box 1150 Port Angeles, Washington 98362 Gentlemen: Your application has been approved and a certificate of change will be issued in accordance with the enclosed Report of Examination upon completion of the project and proof of appropriation of water for the changed use. This letter and enclosed Report of Examination constitute our determination and order. Chapter 43.21B RCW provides that any person who feels aggrieved by such an order may submit an appeal to the Pollution Control Hearings Board of Washington, with a copy to the director of the Department of Ecology, within 30 days of receipt of the order. Procedures for requesting a hearing may be obtained from this department. Please send your permit fee within 30 days. CH:dc Enclosure STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 7272 Cleanwater Lane, LU -11 Olympia, Washington 98504 -6811 (206) 753 -2353 November 15, 1985 Application for Change No. 85 incerely, Clark Haberman Regional Manager SOUTHWEST REGIONAL OFFICE 5 A// PUBLIC WORKS DEPT. y RECEIVED DATE FYI ACTN COPY CONC DI'ECTOR CITY ENGINEER G`r�i E�IOR. S5, OIL) ENGINEER Bu1lDtN0 N1.L LOT 15 DEPARTMENT OF ECOLOGY PRIORITY DATE November 1, 1920 NAME City of Port Angeles ADDRESS (STREET) (CITY) (STATE) (ZIP CODE) P. 0. Box 1150 Port Angeles Washington 98362 SOURCE Morse Creek TRIBUTARY OF (IF SURFACE WATERS) Strait of Juan De Fuca MAXIMUM CUBIC FEET PER SECOND QUANTITY, TYPE OF USE, PERIOD OF USE non consumptive ECY 040 -1 -25 (Rev. 4 -77) 5 1 Surface Water Ground Water REPORT OF EXAMINATION TO APPROPRIATE PUBLIC WATERS OF THE STATE OF WASHINGTON APPLICATION NUMBER 1 -2 -138 LOCATED WITHIN (SMALLEST LEGAL SUBDIVISION) SE *NW* STATE OF WASHINGTON (Issued in accordance with the provisions of Chapter 117, Laws of Washington for 1917, and amendments thereto, and the rules and regulations of the Department of Ecology (Issued in accordance with the provisions of Chapter 263, Laws of Washington for 1945, and amendments thereto, and the rules and regulations of the Department of Ecology.) PERMIT NUMBER 698 PUBLIC WATERS TO BE APPROPRIATED MAXIMUM GALLONS PER MINUTE MAXIMUM ACRE -FEET PER YEAR municipal use, standby. emergency only, hydro electric generation continuously LOCATION OF DIVERSION /WITHDRAWAL APPROXIMATE LOCATION OF DIVERSION WITHDRAWAL 200 feet West and 10 feet North of Center of Section 5. SECTION TOWNSHIP N. RANGE, (E. OR W.) W.M. W.R.I.A. COUNTY 5 29 5 W 18 Clallam RECORDED PLATTED PROPERTY BLOCK OF (GIVE NAME OF PLAT OR ADDITION) LEGAL DESCRIPTION OF PROPERTY ON WHICH WATER IS TO BE USED Area served by The City of Port Angeles for municipal supply; standby emergency service. The NE*, Section 29, T. 30 N., R. 5 W.W.M., for hydroelectric power production. REPORT OF EXAMINATION CERTIFICATE NUMBER 874 3 DESCRIPTION OF PROPOSED WORKS Division from existing diversion works; thence by 24" pipeline to the City of Port Angeles for emergency standy use. Via a bifurcation works through penstock to power house located in NE* Section 29. BEGIN PROJECT BY THIS DATE: STarted DEVELOPMENT SCHEDULE COMPLETE PROJECT BY THIS DATE: WATER PUT TO FULL USE BY THIS DATE: March 1, 1990 March 1. 1991 REPORT BACKGROUND: This application for Change of Purpose of Use was received and accepted on May 31, 1984. Public notice appeared in The Daily News on July 11 and 18, 1984. There were no objections filed as a result of the public notice. The City has filed this application for change in order to change the purpose of use by adding hydroelectric generation to Surface Water Certificate No. 874 and to a concurrent change application covered under Surface Water Certificate No. 2345. By Resolution No. 14 -84, dated May 15, 1984, the City authorized the City Light Department to execute a license application to be filed with the Federal Energy Regulatory Commission for construction of a hydroelectric generating facility on Morse Creek, Clallam County. They were further authorized to apply for any permits from state and local agencies necessary for development and operation of the project. INVESTIGATION: A field investigation was conducted at the site on June 2, 1984 with City of Port Angeles with Light Department officials and representatives of other involved agencies. The City of Port Angeles has had a diversion dam and pipeline system on Morse Creek for many years. They have appropriated waters from Morse Creek for municipal supply under rights granted by the State. The rights are Surface Water Certificate No. 874 with a priority date of November 1, 1920 for 15 cubic feet per second (cfs) and Surface Certificate No. 2345 with a priority date of October,13, 1922 for five cubic feet per second (cfs). From the diversion works, a 24 inch diameter pipeline transports the waters of Morse Creek to the City for its municipal supply. The City also has a large diameter industrial water pipeline which serves the industrial waters for the major pulp mills. The industrial waters are appropriated from the Elwha River. ..1, On September 20, 1974, the City was granted a permit to appropriate waters from beneath the Elwha River by means of an infiltration gallery and transport the waters to the City by a third pipeline. The permit was issued in the amount of 50 cubic feet per second (cfs) for municipal supply. This change from Morse Creek to the Elwha River was brought about by orders from the Washington Department of Social and Health Services (DSHS) Water Supply Division. Upon issuance of this permit, the waters of Morse Creek under Certificate Nos. 847 and 2345 were placed on hold for standby by emergency service only. That is their present status. On June 24, 1982, the City filed an application for a Preliminary Permit with the Federal Energy Regulatory Commission for the purpose of obtaining a 36 month permit to study the feasibility of installing and operating a hydroelectric generating facility on Morse Creek. The project description was to consist of: 1. The existing diversion dam 10 feet high by 30 foot long diversion weir and intake structure. 2. An existing 30 inch by 36 inch 750 foot long water conduit. 3. A new 4 foot diameter 10,000 foot long pipeline. 4. A 370 foot long penstock. 5. A powerhouse to contain one turbine generating unit with a rated capacity of 3.2 megawatts operating under a head of 420 feet and generating approximately 21 million kwhs of energy per year. An Order issuing the Preliminary Permit was issued by the Federal Energy Regulatory Commission ',op. November 2, 1982. The City retained the services of Schuchart and Associates, consulting engineers, to proceed with the feasibility study. Beginning on June 2, "1983, the City held numerous meetings with officials from various state and federal agencies to: 1. Acquaint regulatory agency personnel with the proposed development scheme. 2. To determine agency concerns and responsibilities. 3. To determine what information regarding fishery resources and stream flows currently exists. 4. To determine if minimum flows can be negotiated on the basis of existing information or if full -scale studies are required. From the outset of these meetings, the city had notified all agencies that they would be filing a change application to add hydro -power to their old existing municipal rights with no changes in the instantaneous quantities certified. Because the water right issue is dependent upon instream flow, agreements reached by other agencies nothing was done until negotiations were completed and agreed to by all parties. During the course of these negotiations and meetings, numerous field trips were made to Morse Creek by technicians of various agencies to gather data and make the necessary deter- minations that would satisfy their respective requirements. On April 9, 1984, a final inter agency meeting was held at the Southwest Regional Office of the Washington Department of Ecology where agreement was reached by all parties concerned. The city was then advised to proceed with the filing of applications for various permits and approvals including the application for Certificate of Change on existing water right certificates. The City then proceeded to file for a license (minor) with the Federal Energy Regulatory Commission to proceed with construction. A list of the various permits and approvals that have been applied for or will be applied for are as follows: 1. Application for change of water right; Chapter 90.03 RCW application submitted May 25, 1984. 2. Water Quality Certificate; Section 401 of Federal Water Pollution Control Act application submitted May 25, 1984. 3. Power Production License Fee Chapter; 90.16 RCW to be applied for as required. 4. State Environmental Policy Act of 1971; Chapter 43.21 RCW. Final determination of no significant impact issued May 14, 1984. 5. Shoreline Management; Chapter 90.50 RCW, Chapter 173 -14 WAC Application to be submitted to Clallam County. 6. Hydraulic Project approval; Chapter 75.20.100 RCW. 7. Archaeological and Historic Preservation; 46 F.R. 55944 approval granted on March 9, 1984. Filing for a new water right supplemental to existing rights would have been more proper than filing for a change application as was done. The change application was accepted because of time elements and common understanding and agreements among all agencies plus the fact that there are no upstream rights that would be affected. In filing for a new right there would be no changes made except to repeat the time consuming process already undertaken. Such a requirement would serve no useful purpose at this time. The theoretical horsepower is cfs (20) x head in feet (442) 1004 8.8 CONCLUSIONS: Based on the above information and in accordance with the agreements arrived at during the negotiation and mitigation process, it is determined that this Change can be granted without undue effects to existing water rights or to the environment. In accordance with Section 90.03 and 90.44 RCW, I find that there is water available for appropriation from the source in question and that the appropriation as recommended is a beneficial use and will not impair existing rights or be detrimental to the public welfare. Therefore, permit should issue, subject to existing rights and indicated provisions. RECOMMENDATIONS: I recommend this Application for Change of Purpose of Use to add power generation to Surface Water Certificate No. 874 be granted as applied for and under the terms as agreed to by the City of Port Angeles and the fishery resource agencies in regards to stream flows. a DATE: Month April August September October November REPORTED BY: Action Project will be shut down when stream flow at diversion (inflows to the project) drops below 85 CFS Project will be shut down when stream flow drops below 90 CFS. Project will be shut down September 1 30 under all conditions. Project will be shut down when stream flow drops below 100 CFS. Project will be shut down when stream flow drops below 65 CFS. Permittee is advised that notice of proof of appropriation of water (under which final superceding certificate of water right issues) should not be filed until the permanent diversion facilities, canal, pipeline and /or penstock, powerhouse, generators, tailraces and all related switch gear capable of utilizing the recommended quantity of water have been installed and are operational. The water source and /or water transmission facilities are not wholly located upon the land owned by the applicant. Issuance of a permit by this department for appropriation of the waters in question does not convey a right of access to, or other right to use, land which the applicant does not legally possess. Obtainment of such right is a private matter between applicant and owner of that land. The change certifi5 ate shall be issued until a final investigation is made. A72,r;LeAJ*6, WHEREAS, on June 15, 1982, the City of Port Angeles applied to the Federal Energy Regulatory Commission (FERC) for a preliminary permit to study the hydroelectric potential of Morse Creek; and WHEREAS, on November 2, 1982, FERC granted the preliminary permit to the City; and WHEREAS, the City consulted closely with all interested agencies and tribes and developed mutually acceptable environmen- tal mitigation measures, which were included in the application for license, filed with FERC on May 30, 1984; and WHEREAS, on September 20, 1985, FERC issued an Order Issuing License for the Morse Creek Hydroelectric Project, articles of which Order consist of the environmental mitigation measures proposed in the application for license; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles that the Mayor is authorized to execute the acknowledgement of acceptance of the FERC Order Issuing License, Morse Creek Hydroelectric Project, FERC No. 6461, Clallam County, Washington. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 19th day of November, 1985. ATTEST: 4k k5/2,t' !J2z e2 <47.LpZctc e Merp. A. Lannoye, City Clerk APPROVED AS TO FORM: A RESOLUTION of the City of Port Angeles authorizing the Mayor to execute the acknowledgement of acceptance of the Federal Energy Regulatory Commission Order Issuing License for the Morse Creek Hydroelectric Project. Craig D- Knutson, City Attorney RESOLUTION NO. 39-F c '�,c� M A Y O R 4 City of Port Angeles City Light Department Contract 533 -1, Mechanical and Electrical Equipment Morse Creek Hydroelectric Project ADDENDUM NO. 1 CONTRACT NO. 533 -1 ADDENDUM NO. 1 Sheet 1 of 1 This addendum modifies the original Bid Documents dated December, 1985. Bidders shall acknowledge receipt of this addendum in the space provided in the Bid Form. The text of the Documents is changed as follows: Section Page Subject and Change 00020 -1 Date of bid opening; change the date of the bid opening from January 9, 1986 to January 23, 1986. 00300 -1 through Bid Form; remove pages 00300 -1 through 00300 -12 and insert 00300 -13 new pages 00300-1(A) through 00300- 14(A). 00810 -3 00810 -7 Paragraph 5.6; delete the words "and off the site or in transit" in the next to last line on the page and substitute in their place "the site Paragraph 14.1.5; insert the following at the beginning of the paragraph, "In addition to the portions of payments which may be withheld in accordance with Paragraph 14.7, 01010 -1 Paragraph 1.1; in the tenth line change "(elevation 228 feet)" to "(floor elevation 247 feet) 01050 -2 Paragraph 1.2E; in the second line of the second subparagraph, in- sert the words "and 60" after "satisfactory 30 15100 -2 Paragraph 1.4; delete the third subparagraph which begins with the words "Headwater level" and substitute the following, "Headwater level can vary from a normal elevation of 670.5 feet to 680 feet at flood condition. Total pipeline and penstock length to the turbine will be approximately 13,550 feet." Also, delete the equation and wording following this revised subparagraph. 15100 -6 Paragraph 2.O1E; at the end of the second subparagraph, add the following, "(see also Section 16300, 3.2C.5 on ramp rate) 4 15100 -7 15100 -8 CONTRACT NO. 533 -1 ADDENDUM NO. 1 Sheet 1 of 2 Paragraph 2.O1H; in the second sentence add "(AWWA Class 150)" after the word "butterfly In the third sentence add "separately" after the word "flange Paragraph 2.2H; delete the second sentence and add the following, "The shutdown solenoid shall be equipped with sufficient position switches for the proper operation of the main control panel (MPC) programmable controller (PC). 16200 -11 Paragraph 3.1A; change the last part of the second sentence to read control shall be via the Main Control Panel (MCP)." 16300 -1 Paragraph 1.3; delete the last sentence and add, "Interfacing will be required between the MCP, the Generator Breaker Cabinet and the Turbine (refer to Specification Sections 15100 and 16200)." 16300 -4 Paragraphs 2.3B1, 2 and 3; In the last sentence of each paragraph change the word "Bashler" to "Basler 16300 -6 Paragraph 2.7A; delete the last sentence and add "The pro- grammable controller (PC) shall be used to compute the totallized stream flow for display on the indicating meter in cubic feet per second." 16300 -10 Paragraph 2.14C.6 and 7; add the following sentence to each of these paragraphs "The switches shall be wired to the appropriate PC input module." 16300 -11 Following paragraph 2.14 D.3.d, add: "E. PC Monitor and Programmer 1. The Contractor shall furnish one IBM compatible personal computer capable of being used to monitor and /or change the PC program. The computer shall be portable with a built in CRT screen and keyboard. 2. As a minimum, the computer shall be furnished with the following: a. 640K bytes of RAM. b. Two 5.25 -inch floppy disc drives. c. 9 -inch CRT screen. d. Dual mode monitor output with 640 x 200 pixel or 320 x 100 pixel output. 16300 -14 CONTRACT NO. 533 -1 ADDENDUM NO. 1 Sheet 1 of 3 e. One parallel and one serial port. f. The latest MS DOS operating system. g. Operation and maintenance manuals. 3. The computer shall be a Compaq portable or approved equal." Paragraph 3.1E.2; in the first sentence, delete the word "decimal" and insert "binary coded In the second sentence delete the word "Contractor" and insert "PC Change the last sentence to read "The PC shall also utilize this signal for comparing to the minimum total steam flow shutdown point (thumbwheel switch input, see para- graph 2.14.C.7)." 16500 -6 Paragraph 2.6A.2; insert "1 /C before #2 AWG END OF ADDENDUM NO. 1 Mr. A. H. Haley Falls Creek Small Hydro 1421 South Cherry Port Angeles, WA 98362 Dear Mr. Haley, Attachment: Falls Creek Power /Project Tentative Agreement Principles GAB /ebd CITY OF PORT ANGELES 140 WEST FRONT ST., P 0 BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411 November 19, 1985 This letter is in response to your letter of August 22, 1985, addressed to Mr. Greg Booth, Power Manager for the City of Port Angeles. The City agrees in principle to the Power /Project Purchase Tentative Agreement developed between you and representatives of the City's Light Department, shown in the attachment to this letter. Funds to purchase the mechanical and electrical package for the project are included in the City Light Department 1986 budget request currently being con- sidered by the Council. Upon approval of this budget, the City will request bids from suppliers for the necessary equipment. In the interim, the Council has directed staff to work with you to develop a contract reflecting the attached principles which, with the bids, will be con- sidered for approval by Council prior to the expenditures of any funds. The City cannot concur with your proposed deadline for operation of the plant at this point, but will work with you in a timely manner to develop a final contract and bid specifications for this project. Sincerely, Mayor 4 ANDREA BEATTY RINIKER Director City of Port Angeles P. 0. Box 1150 Port Angeles, Washington 98362 Gentlemen: CH :dc Enclosure STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 7272 Cleanwater Lane, LU -11 Olympia, Washington 98504 -6811 (206) 753 -2353 November 15, 1985 Application for Change No. 84 Your application has been approved and a certificate of change will be issued in accordance with the enclosed Report of Examination upon completion of the project and proof of appropriation of water for the changed use. This letter and enclosed Report of Examination constitute our determination and order. Chapter 43.21B RCW provides that any person who feels aggrieved by such an order may submit an appeal to the Pollution Control Hearings Board of Washington, with a copy to the director of the Department of Ecology, within 30 days of receipt of the order. Procedures for requesting a hearing may be obtained from this department. Please send your permit fee within 30 days. Sincerely, C Clark Haberman Regional Manager SOUTHWEST REGIONAL OFFICE PUBWORKS DEPT. RECEIVED DATE KM 0 DEC 5 1985 :FYI TACTN. I COPY CONC. DIRECTOR I CITY ENGINEER 1 OFFICE ENGR, 1 SOLID WASTE €Wi R /WATER TIDE I O BU INO M MINN° I PRIORITY DATE October 13, 1922 Surface Water Ground Water S M ors e Creek TR TARY OF (I S RFACE WATERS) St rait of Juan* De Fuca MTIMUM CUBIC FEET PER SECOND QUANTITY, TYPE OF USE, PERIOD OF USE non consumptive ECY 040 -1 -25 (Rev. 4-77) STATE OF WASHINGTON DEPARTMENT OF ECOLOGY REPORT OF EXAMINATION TO APPROPRIATE PUBLIC WATERS OF THE STATE OF WASHINGTON (Issued in accordance with the provisions of Chapter 117, Laws of Washington for 1917, and amendments thereto, and the rules and regulations of the Department of Ecology.) (Issued in accordance with the provisions of Chapter 263, Laws of Washington for 1945, and amendments thereto, and the rules and regulations of the Department of Ecology.) APPLICATION NUMBER PERMIT NUMBER 1 -2 -139 1477 It .nit ,i, PUBLIC WATERS TO BE APPROPRIATED NAME CITY OF PORT ANGELES D ESS (STREE,T� (CITY) (STATE) (ZIP CODE) Box 11 Port Angeles Washington 98362 CERTIFICATE NUMBER 2345 MAXIMUM GALLONS PER MINUTE MAXIMUM ACRE -FEET PER YEAR municipal supply (emergency use only) hydroelectric power generation continuously LOCATION OF DIVERSION /WITHDRAWAL 2P O P IMAT ATI LOCON OF RSION WITDRAW 0 fl l est and 10 DIVE feet North H o Center of Section 5. LOCATED WITHIN (SMALLEST LEGAL•SUBDIVISION) SECTION TOWNSHIP N. RANGE, (E. OR W W.M. W.R.I.A. COUNTY SE /NW* 5 29 5 W. 18 Clallam RECORDED PLATTED PROPERTY LOT BLOCK OF (GIVE NAME OF PLAT OR ADDITION) LEGAL DESCRIPTION OF PROPERTY ON WHICH WATER IS TO BE USED Area served by City of Port Angeles for municipal supply, standby emergency service. The NE*, Sec. 29, T. 20 N., R. 5 W.W.M. for hydroelectric power production, REPORT OF EXAMINATION 3 3 DESCRIPTION OF PROPOSED WORKS Diversion from existing diversion works; thence by 24" pipeline to the City of Port Angeles for emergency standby use. Via a bifurcation works through penstock to powerhouse located in NE* Sec. 29. BEGIN PROJECT BY THIS DATE• Started BACKGROUND: This application for Change of Purpose of Use was received and accepted on May 31, 1984. Public notice appeared in The Daily News on August 29, and September 5, 1984. There were no objections filed as a result of the public notice. The City has filed this applications for change in order to change the purpose of use by adding hydroelectric generation to Surface Water Certificate No. 874 and to a concurrent change application covered under Surface Water Certificate No. 2345. By Resolution No. 14 -84, dated May 15, 1984, the City authorized the City Light Department to execute a license application to be filed with the Federal Energy Regulatory Commission for construction of a hydroelectric generating facility on Morse Creek, Clallam County. They were further authorized to apply for any permits from state and local agencies necessary for development and operation of the project. INVESTIGATION: A field investigation was conducted at the site on June 2, 1984 with City of Port Angeles Light Department officials, and representatives of other involved agencies. The City of Port Angeles has had a diversion dam and pipeline system on Morse Creek for many years. They have appropriated waters from Morse Creek for municipal supply under rights granted by the State. The rights are Surface Water Certificate No. 874, with a priority date of November 1, 1920 for 15 cubic per second (cfs) and Surface Water Certificate No. 2345 with a priority date of October 13, 1922 for five cubic feet per second (cfs). From the diversion works, a 24 inch diameter pipeline transports the waters of Morse Creek to the City for its municipal supply. The City also has a large diameter industrial water pipeline which serves the industrial waters for the major pulp mills. The industrial waters are appropriated from the Elwha River. On September 20 1974, the City was granted a permit to appropriate waters from beneath the Elwha River by means of an infiltration gallery and transport the waters to the City by a third pipeline. The permit was issued in the amount of 50 cubic feet per second (cfs) for municipal supply. This change from Morse Creek to the Elwha River was brought about by orders from the Washington Department of Social and Health Services (DSHS) Water Supply Division. Upon issuance of this permit, the waters of Morse Creek under Certificate Nos. 874 and 2345 were placed on hold for standby emergency service only. That is their present status. On June 24, 1982, the City filed an application for a Preliminary Permit with the Federal Energy Regulatory Commission for the purpose of obtaining a 36 month permit to study the feasibility of installing and operating a hydroelectric generating facility on Morse Creek. The project description was to consist of: 1. The existing diversion dam 10 feet high by 30 foot long diversion weir and intake structure. 2. An existing 30 inch by 36 inch 750 foot long water conduit. 3. A new 4 foot diameter 10,000 foot long pipeline. 4. A 370 foot long penstock. 5. A powerhouse to contain one turbine generating unit with a rated capacity of 3.2 megawatts operating under a head of 420 feet and generating approximately 21 million of energy per year. An Order issuing the Preliminary Permit was on November 2, 1982. The City retained the services of Schuchart pro ceed with the feasibility study. DEVELOPMENT SCHEDULE COMPLETE PROJECT BY THIS DATE: WATER PUT TO FULL USE BY THIS DATE. March 1, 1990 March 1, 1991 REPORT issued by the Federal Energy Regulatory Commission and Associates, consulting engineers, to kwhs Beginning on June 2, 1983, the City held numerous meetings with officials from various state and federal agencies to: 1. Acquaint regulatory agency personnel with the proposed development scheme. 2. To determine agency concerns and responsibilities. 3. To determine what information regarding fishery resources and stream flows currently exists. 4. To determine if minimum flows can be negotiated on the basis of existing information or if full -scale studies are required. From the outset of these meetings, the city had notified all agencies that they would be filing a change application to add hydro -power to their old existing municipal rights with no changes in the instantaneous quantities certified. Because the water right issue is dependent upon instream flow, agreements reached by other agencies nothing was done until negotiations were completed and agreed to by all parties. During the course of these negotiations and meetings, numerous field trips were made to Morse Creek by technicians of various agencies to gather data and make the necessary determinations that would satisfy their respective requirements. On April 9, 1984, a final inter agency meeting was held at the Southwest Regional Office of the Washington Department of Ecology where agreement was reached by all parties concerned. The city was then advised to proceed with the filing of applications for various permits and approvals including the application for Certificate of Change on existing water right certificates. The City then proceeded to file for a license (minor) with the Federal Energy Regulatory Commission to proceed with construction. A list of the various permits and approvals that have been applied for or will be applied for are as follows. 1. Application for change of water right; Chapter 90.03 RCW application submitted May 25, 1984. 2. Water Quality Certification; Section 401 of Federal Water Pollution Control Act application submitted May 25, 1984. 3. Power Production License Fee; Chapter 90.16 RCW to be applied for as required. 4. State Environmental Policy Act of 1971; Chapter 43.21 RCW final determination of no significant impact issued May 14, 1984. 5. Shoreline Management; Chapter 90.50 RCW, Chapter 173 -14 WAC application to be submitted to Clallam County. 6. Hydraulic Project approval; Chapter 75.20.100 RCW 7. Archaeological and Historic Preservation; 46 F.R. 1984. Filing for a new water right supplemental to existing than filing for a change application as was done. The because of time elements and common understanding and the fact that there are no upstream rights that would right there would be no changes made except to repeat undertaken. Such a requirement would serve no useful The theoretical horsepower if cfs (20) x head in feet (442) 1004 8.8 55944 approval granted on March 9, rights would have been more proper change application was accepted agreements among all agencies plus be affected. In filing for a new the time consuming process already purpose at this time. CONCLUSIONS: Based on the above information and in accordance with the agreements arrived at during the negotiation and mitigation process, it is determined that this Change can be granted without undue effects to existing water rights or to the environment. In accordance with Section 90.03 and 90.44 RCW, I find that there is water available for appropriation from the source in question and that the appropriation as recommended is a beneficial use and will not impair existing rights or be detrimental to the public welfare. Therefore, permit should issue, subject to existing rights and indicated provisions. RECOMMENDATIONS: I recommend this Application for Change of Purpose of Use to add power generation to a surface water certificate 2345 be granted as applied for and under the terms as agreed to by the City and the fishery resource agencies in regards to stream flows. Month Action April Project will be shut down when stream flow at diversion (inflows to the project) drops below 85 CFS August September October November The change certifi,r shall REPORTED BY DATE: Project will be shut down when stream flow drops below 90 CFS. Project will be shut down September 1 30 under all conditions. Project will be shut down when stream flow drops below 100 CFS. Project will be shut down when stream flow drops below 65 CFS. Permittee is advised that notice of proof of appropriation of water (under which final superceding certificate of water right issues) should not be filed until the permanent diversion facilities, canal, pipeline and /or penstock, powerhouse, generators, tailraces and all related switch gear capable of utilizing the recommended quantity of water have been installed and are operational. For the 1004 theoretical horsepower an annual power fee will be required each year. The Departme.nt.__of Ecology will notify you of amount of power generation fees due. The water source and /or water transmission facilities are not wholly located upon the land owned by the applicant. Issuance of a permit by this department for appropriation of the waters in question does not convey a right of access to, or other right to use, land which the applicant does not legally possess. Obtainment of such right is a private matter between applicant and owner of that land. ssued until a final investigation is made. NAME STATE OF WASHINGTON DEPARTMENT OF ECOLOGY CONSTRUCTION NOTICE BEGINNING OF CONSTRUCTION COMPLETION OF CONSTRUCTION DATE CONSTRUCTION BEGAN EQUIPMENT IN PLACE SURFACE WATER PERMIT NO. GROUND WATER PERMIT NO. DATE CONSTRUCTION COMPLETED DATE COMPLETION EXPECTED IF CONSTRUCTION NOT COMPLETE, SHOW COMPLETED AS OF THIS DATE MATERIAL IN PLACE EXCAVATED STRUCTURE IF CONSTRUCTION HAS BEEN ABANDONED DATE ABANDONED REASON ABANDONED REMARKS OR ANY ADDITIONAL INFORMATION WHICH MAY TEND TO SHOW GOOD FAITH IN THE PROSECUTION OF THE WORK I certify I am the holder of the above permit issued by the Department of Ecology for the State of Washington, and in accordance with the terms of such permit and the limitations endorsed by the Department of Ecology have begun completed the actual construction of the work described in the permit. Signature of Applicant Present Address City, State, Zip Code ti City of Port Angeles, Washington Project No. 6461 -001 ORDER ISSUING LICENSE (MINOR) Issued September 20, 1985 The City of Port Angeles (Applicant) has filed an application for a license under Part I of the Federal Power Act (Act) to construct, operate, and maintain the Morse Creek Project No. 6461. The project would be located on Morse Creek, in Clallum County, Washington and would affect the interests of interstate or foreign commerce. Notice of the application has been published and comments have been received from interested Federal, state, and local agencies. The State of Washington, Departments of Fisheries (WDF) and of Game (WDG) and the Point No Point Treaty Council (PNPTC) were granted intervention. The concerns of the intervenors largely involved the potential impacts of the project on anadromous fish. The Department of the Interior and the State recommended specific mitigative measures. The concerns and recommendations of the interested parties are discussed below. Description The proposed Morse Creek Power Project would consist of an existing concrete diversion weir, an existing concrete tunnel, and steel pipeline, a penstock, a powerhouse containing a single generator with a capacity of 465 kW, transmission line, and an access road. ENVIRONMENTAL CONSIDERATIONS Minimum Flows UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION 32 aliC152. 618 Operation of the proposed project will reduce flows in a 2.2- mile -long reach of Morse Creek (bypassed reach). In their motions to intervene, the WDF, WDG, and the PNPTC note that these flow reductions will adversely affect anadromous trout (steelhead and cutthroat) and salmon (chinook, coho, chum and pink) populations that utilize the lower one -half mile of the bypassed reach (further upstream movement is blocked by impassable falls). In addition, the proposed project will affect resident populations of rainbow and cutthroat trout that are present throughout the bypassed reach. 1 The project is more fully described in ordering paragraph (B). DC-A--20 -2- The U.S. Department of the Interior (Interior) and the WDF recommend that the Applicant implement an operation schedule that will provide flow releases that are necessary to protect resident fish resources and preserve the spawning habitat of anadromous fish. The Applicant recognizes the importance of protecting and preserving the fish resources that utilize the bypassed reach and agrees to implement the operation schedule that was developed in cooperation with Interior and WDF. Minimum flows should be provided to preserve the spawning habitat of anadromous fish that utilize the lower portion of the bypassed reach during spring and autumn, and to protect trout populations that inhabit the bypassed reach throughout the year. Article 19 requires the Licensee to operate the project according to a specified schedule to ensure that the project provides flows that are necessary to protect fish resources that utilize the bypassed reach. Water Quality Construction of the powerhouse and access road and installation of 1,500 feet of buried penstock will increase the level of'erosion in the project area, while the flushing and dredging of the reach of Morse Creek behind the existing diversion structure will increase the amount of turbidity and sedimentation downstream of the diversion structure. The WDF, WDG, and PNPTC interventions, state that sedimentation will adversely affect the spawning habitat of anadromous fish and suffocate eggs. Interior and WDF recommend that the Applicant, prior to beginning construction of the project, develop an erosion control plan to prevent erosion, slope failure, and stream siltation. Interior also recommends that the Applicant develop a contingency plan that would protect water quality during emergency conditions such as penstock rupture or failure of erosion control devices. The Applicant acknowledges the concerns of Interior and WDF, and agrees to develop an erosion control plan, in cooperation with Interior and WDF, prior to commencing construction of the project. Construction related degradation of water quality should be minimized to ensure that the project does not adversely affect the excellent water quality of Morse Creek. The maintenance of existing water quality is essential to the well -being of the anadromous and resident fish resources that inhabit Morse Creek. Article 20 requires the Licensee to consult with the U.S. Fish and Wildlife Service (FWS), WDF, and the Washington Department of Ecology (WDE) and prepare erosion control and contingency plans to protect water quality from adverse impacts. Tailrace Design -3- The WDF further recommends that the Applicant should monitor dissolved gas levels of the tailrace effluent for a period of 1 year after the project commences operation to determine if gas supersaturation is occurring due to project operation. The Applicant states that the proposed project will utilize a closed intake system. As a result, no additional air will be entrained, and water will enter and exit the intake at the same atmospheric pressure, thereby avoiding the potential for supersaturation. Project induced increases in the dissolved gas level of tailrace waters could cause gas bubble disease in the fish that inhabit the project tailrace. To ensure that project operation will not increase the level of dissolved gasses in the tailrace, Article 21 requires the Licensee to monitor the level of dissolved gasses in the tailrace for a period of 1 year after the project begins operation. Article 21 also requires the Licensee to modify project structures or operations should dissolved gas levels exceed the state's dissolved gas standard for Class AA waters (ie., less than or equal to 110 percent saturation). The WDF, WDG, and PNPTC interventions express the concern that turbine discharge flows will attract anadromous trout and salmon to the project tailrace and delay upstream migration to spawning sites in the lower one -half mile of the bypass reach. Interior and WDF recommend that the Applicant consult with the respective fishery agencies to obtain approval of the design for the proposed tailrace to ensure that delays in migration do not occur due to the attraction of migrating species to the tailrace discharges. The Applicant proposes to consult with WDF and FWS concerning the proper tailrace design to prevent delayed migration of anadromous fish. Project- induced delays in the spawning migration of anadromous species could adversely alter the timing of spawning and sub- sequently the reproductive success of these species (ie., coho, chinook, and steelhead). If adults reach spawning sites later than normal, for the species, development of the various life stages could be adversely affected by unsuitable habitat conditions (ie., temperature, flow, and food supply). Article 22 requires the Licensee to consult with WDF and FWS regarding the proper design of the tailrace to ensure protection of migrating anadromous species. Fish Screens Resident populations of rainbow and cutthroat trout inhabiting the reach of Morse Creek near the existing diversion structure will be susceptible to impingement and entrainment during operation of the proposed project. Interior recommends that the Applicant provide an efficient fish screening system to prevent or minimize fish impingement and entrainment at the project intake prior to commencement of project operation. The Applicant proposes to evaluate the design of the existing fish screening system to determine if the system is adequate, or if modification or replacement is necessary. To ensure that the diversion of water for hydroelectric generation will not cause adverse impacts on the trout populations inhabiting the diversion pond in the vicinity of the intake, Article 23 requires the Licensee to conduct a study to determine the effectiveness of the existing fish screening system in consulta- tion with the WDF, WDG and FWS. If results of the study show that the existing system does not adequately protect fish resources from project operational impacts, Article 23 requires the Licensee to consult with the WDF, WDG and FWS and redesign the fish screens to minimize adverse impacts to the fishery resources. Other Environmental Concerns -4- The Applicant was issued a water quality certificate on August 8, 1985. In their motion to intervene the WDF and WDG indicate that loss of vegetation during construction will adversely affect wild- life populations. The Applicant proposes to replant disturbed areas with native species to minimize visual impacts, erosion, and impacts to wildlife habitat. Article 24 requires the Licensee to consult with the appropriate resource agencies on the selection of plant species that are of value to wildlife. The Applicant proposes to use a raptor -proof design for the proposed 1,300 feet of overhead transmission line. Article 25 requires the Licensee to consult with the appropriate resource agencies on the final design. No Federally listed threatened or endangered species or critical habitat, and no sites listed or eligible for listing on the National Register of Historic Places will be affected by the project. FINDING OF NO SIGNIFICANT IMPACT -5- The State Office of Archeology and Historic Preservation stated that the proposed project would have no affect on known cultural resources, but requested notification in the event that cultural materials are discovered during construction or future activities. Article 26 requires the Licensee to notify the State Historic Preservation Officer in such an event. Approval of the proposed project will have minor adverse effects on the anadromous and resident fisheries of Morse Creek through long -term changes in streamflow and sh -Irt -term increases in turbidity and sedimentation. Minor impacts to local wildlife populations will include the removal of 4.25 acres of vegetation and temporary disturbance from construction activities. Fishery impacts will be minimized by an operating schedule, which will provide adequate streamflows during critical times of the year; an erosion control plan; water quality monitoring; a tailrace designed to prevent attraction of anadromous fish; and an evalua- tion of the effectiveness of the existing fish screens. Long -term wildlife impacts will be miminized by revegetation and the use of a raptor -proof design for above ground transmission facilities. In accordance with the National Environmental Policy Act of 1969, an Environmental Assessment was prepared for the Morse Creek Hydroelectric Project (FERC No. 6461 -001). On the basis of the record and, and Staff's independent environmental analysis, issuance of a license for the project, as conditioned herein, will not constitute a major Federal action significantly affecting the quality of the human environment. ENGINEERING CONSIDERATIONS Safety and Adequacy The project structures would impound an insignificant amount of water, are not a hazard to downstream property or human life, and would be safe if constructed using sound engineering practices. Economic Feasibility The proposed Morse Creek Project is economically feasible based on the cost of producing an equivalent amount of power from a coal -fired steam electric plant in the Northwest, adjusted for 2/ Environmental Assessment, Morse Creek Hydroelectric Project, FERC Project No. 6461 001 Washington, Division of Environmental Analysis, Office of Hydropower Licensing, Federal Energy Regulatory Commission, February 8, 1985. This document is available in the Division of Public Information and in the Commission's public file associated with this proceeding. -6- escalation. The project would have an installed capacity of 465 kW and generate an estimated 3.06 GWh annually. OTHER ASPECTS OF COMPREHENSIVE DEVELOPMENT The proposed project would operate run -of -river at a flow capacity of 19 cfs and would adequately develop the power potential at the existing dam site. The project would not be in conflict with any existing or planned developments, and would be best adapted to the comprehensive development of Morse Creek for beneficial purposes upon compliance with the terms and conditions of the license. Pursuant to 18 C.F.R. §375.314, the Director of the Office of Hydropower Licensing or the Director's designee orders: (A) This license is issued to City of Port Angeles, Washington, under Part I of the Federal Power Act (Act), for a period of 50 years, effective the first day of the month in which this order is issued, for the construction, operation, and maintenance of the Morse Creek Project No. 6461, located in Clallum County, Washington. This license is subject to the terms and conditions of the Act, which is incorporated by reference as part of this license, and subject to the regulations the Commission issues under the provisions of the Act. (B) The Morse Creek Project No. 6461 consists of: (1) All lands, to the extent of the Licensee's interests in those lands, constituting the project area and enclosed by the project boundary. The project area and boundary are shown and described by a certain exhibit that forms part of the application for license and that is designated and described as: Exhibit G- FERC Drawing No. 6461- Showing 1 4 Project Vicinity and Location Maps (2) Project works consisting of: (a) an existing 10- foot -high, 25- foot -long concrete diversion weir and intake structure at elevation 670 feet; (b) an existing 750 foot -long, 30 by 36- inch diameter concrete tunnel; (c) an existing 11,400- foot -long, 24- inch diameter steel pipeline; (d) a tee connection in the existing pipeline buried at elevation 622 feet; (e) a 1,500- foot -long, 24- inch diameter steel penstock; (f) a powerhouse at elevation 228 feet with a single generator having a rated capacity of 465 kW and an average annual generation 3 Project energy generation is equivalent to the energy that could be produced by burning 1,373 tons of coal annually in a steam electric plant. -7- of 3.05 GWh; (g) a 1,500- foot -long buried, 1,300 foot -long overhead transmission line to connect with an existing P.U.D. No. 1 of Clallum County line; (h) 3,100 feet of new access road and an existing 1,300- foot -long access road; and (i) appurtenant facilities. The location, nature, and character of these project works are generally shown and described by the exhibit cited above and more specifically shown and described by certain other exhibits [and reports] that also form a part of the application for license and that are designated and described as: Exhibit A Page 2, Table A -1, sections entitled TURBINE, GENERATOR, TRANSFORMER, and TRANSMISSION LINE, filed on May 31, 1984. Exhibit F FERC Drawing No. 6461- Title 1 1 Site Plan and Profile 2 2 Existing Dam Intake Proposed Powerhouse 3 3 Untitled (3) All of the structures, fixtures, equipment, or facilities used or useful in the operation or maintenance of the project and located within the project boundary, all portable property that may be employed in connection with the project, located within or outside the project boundary, as approved by the Commission, and all riparian or other rights that are necessary or appropriate in the operation or maintenance of the project. (C) Exhibits A, F and G, designated in ordering paragraph (B) above, are approved and made a part of the license only to the extent that they show the general location, description, and nature, of the project works. (D) Pursuant to Section 10(i) of the Act, it is in the public interest to waive the following Sections of Part I of the Act, and they are excluded from the license: Section 4(b), except the second sentence; 4(e), insofar as it relates to approval of plans by the Chief of Engineers and the Secretary of the Army; 6, insofar as it relates to public notice and to the acceptance and expression in the license of terms and conditions of the Act that are waived here; 10(c), insofar as it relates to depreciation reserves; 10(d); 10(f); 14, except insofar as the power of condemnation is reserved; 15; 16; 19; 20; and 22. -8- (E) This license is also subject to Articles 1 through 18 set forth in Form L -15, (revised October 1975), entitled "Terms and Conditions of License for Unconstructed Minor Project Affecting the Interests of Interstate or Foreign Commerce," attached to and made a part of this license. The license is also subject to the following additional articles: Article 19. Licensee shall operate the Morse Creek Hydroelectric Project and release minimum flows according to the following schedule to protect resident trout populations and protect anadro- mous trout and salmon spawning habitats: Month(s) Operation January through March At all streamflows. April Project must shut down when streamflow, as measured at the intake structure, is less than 85 cubic feet per second (cfs) May through July At all streamflows. August October November Project must shut down when streamflow, as measured at the intake structure, is less than 90 cfs. September Project must shut down at all streamflows. Project must shut down when streamflow, as measured at the intake structure, is less than 100 cfs. Project must shut down when streamflow, as measured at intake structure, is less than 65 cfs. December At all streamflows. This schedule may be temporarily modified if required by operating emergencies beyond the control of Licensee, and for short periods upon mutual agreement between Licensee and the Washington Departments of Fisheries and Game. -9- Article 20. Licensee shall, after consultation with the Washington Department of Fisheries, the Washington Department of Ecology the Point No Point Treaty Council and the U.S. Fish and Wildlife Service, prepare and file with the Commission, within six months from the date of issuance of this license, a plan to control erosion, dust, and slope stability and to minimize the quantity of sediment or other potential water pollutants resulting from construction and operation of the project. The plan shall also include: a contingency plan to control erosion during emergency situations; provisions for identifying and mapping any erosive soils and potentially unstable slopes; an implementation schedule; monitoring and maintenance programs for project construction and operation; provisions for periodic review of the plan and for making any necessary revisions to the plan; documentation of consultation with the above agencies during preparation of the plan; and a summary of agency comments and recommendations. In the event that the Licensee does not concur with any agency recommendations, Licensee shall provide a discussion of the reasons for not concurring based on actual site geological, soil, and groundwater conditions. The Commission reserves the right to direct changes to the plan. Unless the Director, Office of Hydropower Licensing, directs otherwise, the Licensee may commence ground- disturbing or spoil disposal activities at the project 30 days after filing the above plan. Article 21. Licensee shall, after consultation with the Washington Department of Ecology and the Washington Department of Fisheries, install continuous dissolved gas monitoring equipment in the tailrace canal of the Morse Creek Hydroelectric Project. Licensee shall monitor dissolved gas concentrations and maintain records of the monitoring data for a period of 1 year from the date the project commences operation, and shall file a summary of the data within 90 days from the end of the one year period, that shall include the observed daily minimum, maximum and average dissolved gas concentrations. Further, if the results contained in the annual report indicate that changes in project structures or operations are necessary to maintain dissolved gas levels at the State Standard for Class AA waters (i.e., less than or equal to 110 percent saturation), Licensee shall within 2 months from the date of annual report submission, file with the Commission for approval, with copies to the agencies consulted, a schedule for implementing the specific changes in project structures or operations that are needed. Documentation of agency consultation on the schedule and specific changes shall be included in the filing. -10- Article 22. Licensee shall, after consultation with the Washington Department of Fisheries, the Point No Point Treaty Council and the U.S. Fish and Wildlife Service, design the power- house tailrace to prevent attraction and subsequent delay of anadromous trout and salmon migrating upstream to spawning sites. Licensee shall, within one year of the date of issuance of this license, file with the Commission for approval of the Director, Office of Hydropower Licensing, the design, along with comments from the Washington Department of Fisheries and the U.S. Fish and Wildlife Service. The Director, Office of Hydropower Licensing, reserves the right to require modifications to the design of the tailrace to prevent project induced delays in spawning migrations. Article 23. Licensee shall, in cooperation with the Washington Department of Fisheries and Game, the Point No Point Treaty Council and the U.S. Fish and Wildlife Service, conduct a study to evaluate the adequacy of the existing fish screening system at the Morse Creek Hydroelectric Project, and provide results of that evaluation, along with comments from the consulting agencies, to the Commission within 12 months of issuance of this license. Further, if the results of the study show that the existing screening system does not adequately protect fish resources from turbine related injury or mortality, Licensee shall consult with these agencies on the functional design drawings of a new or modified fish screening system. Licensee shall, within 18 months from the date of issuance of this license, file the functional design drawings or as built drawings with the Commission for approval, along with comments from the consulted agencies. Article 24. Licensee shall after consultation with the U.S. Fish and Wildlife Service, the Point No Point Treaty Council and the Washington Department of Game, develop a revegetation plan for the project, which includes a list of recommended plant species. The list of plant species shall include an indication of each species' wildlife food and habitat value. A copy of the plan and species list shall be filed with the Commission at the time of construction. Article 25. Licensee shall design and construct the transmission line in accordance with guidelines set forth in "Suggested Practices for Raptor Protection on Power Lines -the State of the Art in 1981," Raptor Research Foundation, Inc., 1981. Further, Licensee, after consultation with the U.S. Fish and Wildlife Service and the Wash- ington Department of Game, and within 1 year from the date of issuance of the license, shall file a transmission line design plan that will consider adequate separation of energized conductors, groundwires, and other metal hardware, adequate insulation, and any other measures necessary to protect raptors from electrocution hazards. Agency comments on the adequacy of the design plan shall be included in the filing. Unless the Director, Office of Hydropower Licensing, within 60 days following the filing, instructs otherwise, Licensee may commence transmission line construction at the end of the 60 -day period. Article 26. Licensee shall, prior to any future construction at the project, consult with the Washington State Historic Preservation Officer (SHPO) about the need for cultural resource survey and salvage work. Documentation of the nature and extent of consultation, including a cultural resources management plan and a schedule to conduct any necessary investigation prior to such construction, and a copy of a letter from the SHPO accepting the plan, shall be filed with the Commission within 6 months of any construction activity in the location of such investigations. Licensee shall make available funds in a reasonable amount for any such work as required. If any previously unrecorded archeological or historical sites are discovered during the course of construction or development of any project works or other facilities at the project, construction activity in the vicinity shall be halted, a qualified archeologist shall be consulted to determine the significance of the sites, and Licensee shall consult with the SHPO to develop a mitigative plan for the protection of significant archeological or historical resources. If Licensee and the SHPO cannot agree on the amount of money to be expended on archeological or historical work related to the project, the Commission reserves the right to require Licensee to conduct, at its own expense, any such work found necessary. Article 27. The Licensee shall commence construction of project works within two years from the issuance date of the license and shall complete construction of the project within four years from the issuance date of the license. Article 28. The Licensee shall provide the Commission's Regional Engineer (one copy) and the Director, Division of Inspections, (two copies) of the final contract drawings and specifications for pertinent features of the project, such as water retention structures, powerhouse, and water conveyance structures, at least 60 days prior to start of construction. The Director, Division of Inspections, may require changes in the plans and specifications to assure a safe and adequate project. Article 29. The Licensee shall review and approve the design of contractor designed cofferdams and deep excavations prior to the start of construction and shall ensure tha construction and shall ensure that construction of cofferdams and deep excavations is consistent with the approved design. At least 30 days prior to start of construction of the cofferdam, the Licensee shall provide the Commission's Regional Engineer and Director, Division of Inspections, one copy of the approved cofferdam construction drawings and specifications and a copy of the letter(s) of approval. -12- Article 30. The Licensee shall within 90 days of completion of construction file for approval revised Exhibits A, F and G to describe and show the project as- built. Article 31. The Licensee shall pay the United States an annual charge, effective the first day of the month in which this license is issued for the purpose of reimbursing the United States for the cost of administration of Part I of the Act, a reasonable amount as determined in accordance with the provisions of the Commission's regulations in effect frog time to time. The authorized installed capacity for that purpose is 620 horsepower. Article 32. (a) In accordance with the provisions of this article, the Licensee shall have the authority to grant permission for certain types of use and occupancy of project lands and waters and to convey certain interests in project lands and waters for certain other types of use and occupancy, without prior Commission approval. The Licensee may exercise the authority only if the proposed use and occupancy is consistent with the purposes of protecting and enhancing the scenic, recreational, and other environmental values of the project. For those purposes, the Licensee shall also have continuing responsibility to supervise and control the uses and occupancies for which it grants permission, and to monitor the use of, and ensure compliance with the covenants of the instrument of conveyance for, any interests that it has conveyed, under this article. If a permitted use and occupancy violates any condition of this article or any other condition imposed by the Licensee for protection and enhancement of the project's scenic, recreational, or other environmental values, or if a covenant of a conveyance made under the authority of this article is violated, the Licensee shall take any lawful action necessary to correct the violation. For a permitted use or occupancy, that action includes, if necessary, cancelling the permission to use and occupy the project lands and waters and requiring the removal of any non complying structures and facilities. (b) The types of use and occupancy of project lands and waters for which the Licensee may grant permission without prior Commission approval are: (1) landscape plantings; (2) noncommercial piers, landings, boat docks, or similar structures and facilities that can accommodate no more than 10 water craft at a time and where said facility is intended to serve single family type dwellings; and (3) embankments, bulkheads, retaining walls, or similar structures for erosion control to protect the existing shoreline. To the extent feasible and desirable to protect and enhance the project's scenic, recreational, and other environmental values, the Licensee shall require multiple use and occupancy of facilities for access to project lands or waters. The Licensee shall also ensure, to the satisfaction of the Commission's authorized representative, that the uses and occupancies for which it grants permission are maintained in good repair and comply with applicable -13- State and local health and safety requirements. Before granting permission for construction of bulkheads or retaining walls, the Licensee shall: (1) inspect the site of the proposed construction, (2) consider whether the planting of vegetation or the use of riprap would be adequate to control erosion at the site, and (3) determine that the proposed construction is needed and would not change the basic contour of the reservoir shoreline. To implement this paragraph (b), the Licensee may, among other things, establish a program for issuing permits for the specified types of use and occupancy of project lands and waters, which may be subject to the payment of a reasonable fee to cover the Licensee's costs of administering the permit program. The Commission reserves the right to require the Licensee to file a description of its standards, guidelines, and procedures for implementing this paragraph (b) and to require modification of those standards, guidelines, or procedures. (c) The Licensee may convey easements or rights -of -way across, or leases of, project lands for: (1) replacement, expansion, realignment, or maintenance of bridges and roads for which all necessary State and Federal approvals have been obtained; (2) storm drains and water mains; (3) sewers that do not discharge into project waters; (4) minor access roads; (5) telephone, gas,'and electric utility distribution lines; (6) non project overhead electric transmission lines that do not require erection of support structures within the project boundary; (7) submarine, overhead, or underground major telephone distribution cables or major electric distribution lines (69 -kV or less); and (8) water intake or pumping facilities that do not extract more than one million gallons per day from a project reservoir. No later than January 31 of each year, the Licensee shall file three copies of a report briefly describing for each conveyance made under this paragraph (c) during the prior calendar year, the type of interest conveyed, the location of the lands subject to the conveyance, and the nature of the use for which the interest was conveyed. (d) The Licensee may convey fee title to, easements or rights -of -way across, or leases of project lands for: (1) con- struction of new bridges or roads for which all necessary State and Federal approvals have been obtained; (2) sewer or effluent lines that discharge into project waters, for which all necessary Federal and State water quality certificates or permits have been obtained; (3) other pipelines that cross project lands or waters but do not discharge into project waters; (4) non project overhead electric transmission lines that require erection of support structures within the project boundary, for which all necessary Federal and State approvals have been obtained; (5) private or public marinas that can accommodate no more than 10 watercraft at a time and are located at least one -half mile from any other private or public marina; (6) recreational develop- -14- ment consistent with an approved Exhibit R or approved report on recreational resources of an Exhibit E; and (7) other uses, if: (i) the amount of land conveyed for a particular use is five acres or less; (ii) all of the land conveyed is located at least 75 feet, measured horizontally, from the edge of the project reservoir at normal maximum surface elevation; and (iii) no more than 50 total acres of project lands for each project development are conveyed under this clause (d)(7) in any calendar year. At least 45 days before conveying any interest in project lands under this paragraph (d), the Licensee must file a letter to the Director, Office of Hydropower Licensing, stating its intent to convey the interest and briefly describing the type of interest and location of the lands to be conveyed (a marked Exhibit G or K map may be used), the nature of the proposed use, the identity of any Federal or State agency official consulted, and any Federal or State approvals required for the proposed use. Unless the Director, within 45 days from the filing date, requires the Licensee to file an application for prior approval, the Licensee may convey the intended interest at the end of that period. (e) The following additional conditions apply to any intended conveyance under paragraphs (c) or (d) of this article: (1) Before conveying the interest, the Licensee shall consult with Federal and State fish and wildlife or recreation agencies, as appropriate, and the State Historic Preservation Officer. (2) Before conveying the interest, the Licensee shall determine that the proposed use of the lands to be conveyed is not inconsistent with any approved Exhibit R or approved report on recreational resources of an Exhibit E; or, if the project does not have an approved Exhibit R or approved report on recreational resources, that the lands to be conveyed do not have recreational value. (3) The instrument of conveyance must include covenants running with the land adequate to ensure that: (i) the use of the lands conveyed shall not endanger health, create a nuisance, or otherwise be incompatible with overall project recreational use; and (ii) the grantee shall take all reasonable precautions to ensure that the construction, operation, and maintenance of structures or facilities on the conveyed lands will occur in a manner that will protect the scenic, recreational, and environ- mental values of the project. (4) The Commission reserves the right to require the Licensee to take reasonable remedial action to correct any violation of the terms and conditions of this article, for the protection and enhancement of the project's scenic, recreational, and other environmental values. -15- (f) The conveyance of an interest in project lands under this article does not in itself change the project boundaries. The project boundaries may be changed to exclude land conveyed under this article only upon approval of revised Exhibit G or K drawings (project boundary maps) reflecting exclusion of that land. Lands conveyed under this article will be excluded from the project only upon a determination that the lands are not necessary for project purposes, such as operation and maintenance, flowage, recreation, public access, protection of environmental resources, and shoreline control, including shoreline aesthetic values. Absent extraordinary circumstances, proposals to exclude lands conveyed under this article from the project shall be consolidated for consideration when revised Exhibit G or K drawings would be filed for approval for other purposes. Article 33. The Licensee shall continue to consult and cooperate with appropriate Federal, state and other natural resource agencies for the protection and development of the environmental resources and values of the project area. The Commission reserves the right to require changes in the project works or operations that may be necessary to protect and enhance those resources and values. (F) This order is final unless appealed to the Commission by any party within 30 days from the issuance date of this order under 18 CFR 385.1902 (1985). ;e.e 7 Kenneth M. Pusateri Acting Director, Office of Hydropower Licensing Project No. 6461 -001 IN TESTIMONY of its acknowledgment of acceptance of all of the terms and conditions of this order, City of Port Angeles, Washington, on this 31st day of May 1985, has caused its name to be signed hereto by attested by ,A, Q_ ,C 2.c0 7 Attest: )11-e.A.A_i_ (Executed in quadruplicate) 1 B Y )t.' Q 6 1. Mayor its Mayor and FEDERAL ENERGY REGULATORY COMMISSION Form L -15 (October, .975) TERMS AND CONDITIONS OF LICENSE FOR UNCONSTRUCTED MINOR PROJECT AFFECTING THE INTERESTS OF INTERSTATE OR FOREIGN COMMERCE Article 1. The entire project, as described in this order of the Commission, shall be subject to all of the provisions, terms, and conditions of the license. Article 2. No substantial change shall be made in the maps, plans, specifications, and statements described and designated as exhibits and approved by the Commission in its order as a part of the license until such change shall have been approved by the Commission: Provided, however, That if the Licensee or the Commission deems it necessary or desirable that said approved exhibits, or any of them, be changed, there shall be submitted to the Commission for approval a revised, or additional exhibit or exhibits covering the proposed changes which, upon approval by the Commission, shall become a part of the license and shall supersede, in whole or in part, such exhibit or exhibits theretofore made -a part of the license as may be specified by the Commission. Article 3. The project works shall be constructed in substantial conformity with the approved exhibits referred to in Article 2 herein or as changed in accord- ance with the provisions of said article. Except when emergency shall require for the protection of navigation, _:fe, health, or property, there shall not be made without ;for approval of the Commission any substantial alteration or addition not in conformity with the approved plans to any dam or other project works under the license or any sub- stantial use of project lands and waters not authorized herein; and any emergency alteration, addition, or use so made shall thereafter be subject to such modification and change as the Commission may direct. Minor changes in project works, or in uses of project lands and waters, or divergence from such approved exhibits may he made if such changes. will not result in a decrease in efficiency, in a material increase in cost, in an adverse environmental impact, or in impairment of t.-.e general scheme of development; but any of such minor changes made without the prior approval of the judgment have produced or will produce shall be subject to such alteration as direct. Commission, which in its any of such results, the Commission may Upon the completion of the project, or at such other time as the Commission may direct, the Licensee shall submit to the Commission for approval revised exhibits insofar as necessary to show any divergence from or variations in the project area and project boundary as finally located or in the project works as actually constructed when compared with the area and boundary shown and the works described in the license or in the exhibits approved by the Commission, together with a statement in writing setting forth the reasons which in the opinion of the Licensee necessitated or justified variation in or divergence from the approved exhibits. Such revised exhibits shall, if and when approved by the Commission, be made a part of the license under the provisions of Article 2 hereof. Article 4. The construction, operation, and main- tenance or the project and any work incidental to addi- tions or alterations shall be subject to the inspection and supervision of the Regional Engineer, Federal Power Commission, in the region wherein the project is located, or of such other officer or agent as the Commission may designate, who shall be the authorized representative of the Commission for such purposes. The Licensee shall cooperate fully with said representative and shall furnish him a detailed program of inspection by the Licensee that will. provide for an adequate and qualified inspection force for construction of the project and. for any subsequent alterations to the project. Construction of the project works or any feature or alteration thereof shall not be initiated until the program of inspection for t'^e project works or any such feature thereof has been approved by said representative. The Licensee shall also furnish to said representative such further information as he may require concerning the construction, operation, and maintenance of the project, and of any alteration thereof, and shall notify him of the date upon which work will begin, as far in advance thereof as said representative may reasonably specify, and shall notify him promptly in writing of any suspension of work for a period of more than one week, and of its resumption and completion. The Licensee shall allow said representative and other officers or employees of the United States, showing proper credentials, free and unrestricted access to, through, and across the project lands and project works in the performance of their official duties. The Licensee shall comply with such rules and regulations of general or special applicability as the Commission may prescribe from time to time for the protection of life, health, or property. Article 5. The Licensee, within five years from the date of issuance of the license, shall acquire title in fee or the right to use in perpetuity all lands, other than lands of the United States, necessary or appropriate for the construction, maintenance, and operation of the project. The Licensee or its successors and assigns shall, during the period of the license, retain the possession of all project property covered by the license as issued or as later amended, including the project area, the project works, and all franchises, easements, water rights, and rights of occupancy and use; and none of such properties shall be voluntarily sold, leased, transferred, abandoned, or otherwise disposed of without the prior written approval of the Commission, except that the Licensee may leas or otherwise dispose of interests in project lands or property without specific written approval of the Commission pursuant to the then current regulations of the Commission. The provisions of this article are not intended to prevent the abandonment or the retirement from service of structures, equipment, or other project works in connection with replace- ments thereof when they become obsolete, inadequate, or inefficient for further service due to wear and tear; and mortgage or trust deeds or judicial sales made thereunder, or tax sales, shall not be deemed voluntary transfers within the meaning this article. Article 6. The Licensee shall install and thereafter maintain gages and stream- gaging stations for the purpose of determining the stage and flow of the stream or streams ..n which the project is located, the amount of water held in and withdrawn from storage, and the effective head on is turbines; shall provide for the required reading of gages and for the adequate rating of such stations; and shall install and maintain standard meters adequate for the determination of the amount of electric energy generated by the project works. The number, character, and location of gages, meters, or other measuring devices, and the :^et d of operation thereof, shall at all times be satis- factc ry to the Commission or its authorized representative. The Commission reserves the right, after notice and oppor- tunity for hearing, to require such alterations in the number, character, and location of gages, meters, or other measuring devices, and the method of operation thereof, as are necessary to secure adequate determinations. The installation of gages, the rating of said stream or streams, and the determination of the flow thereof, shall be under the supervision of, or in cooperation with, the District Engineer of the United States Geological Survey having charge of stream- gaging operations in the region of the project, and the Licensee shall advance to the United States Geological Survey the amount of funds estimated to be necessary for such supervision, or cooperation for such periods as may be mutually agreed upon. The Licensee shall keep accurate and sufficient records of the foregoing determinations to the satisfaction of the Commission, and shall make return of such records annually at such time and in such form as the Commission may prescribe. Article 7. The Licensee shall, after notice and opportunity for hearing, install additional capacity or make other changes in the project as directed by the Commission, to the extent that it is economically sound and in the public interest to do so. Article 8. The Licensee shall, after notice and opportunity tor hearing, coordinate the operation of the project, electrically and hydraulically, with such other projects or power systems and in such manner as the Commission may direct in the interest of power and other beneficial public uses water resources, and on such conditions concerning the equitable sharing of benefits by the Licensee as the Commission may order. Article 9. The operations of the Licensee, so far as they affect the use, storage and discharge from storage of waters affected by the license, shall at all times be controlled by such reasonable rules and regulations as the Commission may prescribe for the protection of life, health, and property, and in the interest of the fullest practicable conservation and utilization of such waters for power purposes and for other beneficial public uses, including recreational purposes, and the Licensee shall release water from the project reservoir at such rate in c feet per second, or such volume in acre -feet per specified period of time, as the Commission may prescribe for the t irposes hereinbefore mentioned. Article 10. On the application of any person, association, corporation, Federal agency, State or municipality, the Licensee shall permit such reasonable use of its reservoir or other project properties, including works, lands and water rights, or parts thereof, as may be ordered by the Commission, after notice and opportunity for hearing, in the interests of comprehensive development of the waterway or waterways involved and the conservation and utilization of the water resources'of the region for water supply or for the purposes of steam- electric, irrigation, industrial, municipal or similar uses. The Licensee shall receive reasonable compensation for use of its reservoir or other project properties or parts thereof for such purposes, to include at least full reimbursement for any damages or expenses which the joint use causes the Licensee to incur. Any such compensation shall be fixed by the Commission either by approval of an agreement between the Licensee and the party or parties benefiting or after notice and opportunity for hearing. Applications shall contain information in sufficient detail to afford a full understanding of the proposed use, including satisfactory evidence that the applicant possesses necessary water rights pursuant to applicable State law, or a showing of cause why such evidence cannot concurrently be submitted, and a statement as to the relationship of the proposed use to any State or municipal plans or orders which may have been adopted with respect to the use of such waters. Article 11. The Licensee shall, for the conservation and development of fish an w f' esou=ces, c� -s- -•pct, and comply with such reasonable modifications of the project structures and operation, as may be ordered by the Commission upon its own motion or upon the recommendation of the Secretary of the Interior or the fish and wildlife agency or agencies of any State in which the project or a part thereof is located, after notice and opportunity for hearing. Article 12. Whenever the United States shall desire, in connection with the project, to construct fish and wildlife facilities or to improve the existing fish and wildlife facilities at its own expense, the Licensee shall permit the United States or its designated agency to use, free of cost, such of the Licensee's lands and interests in lands, reservoirs, waterways and project works as may be reasonably required to complete such facilities or such improvements thereof. In addition, after notice and opportunity for hearing, the Licensee shall modify the project operation as may be reasonably prescribed by the Commission in order to permit the maintenance and operation of the fish and wildlife facilities constructed or improved by the United States under the provisions of this article. This article shall not be interpreted to place any obligation on the United States to construct or improve fish and wild- life facilities or to relieve the Licensee of any obligation under this license. Article 13. So far as is consistent with proper operation of the project, the Licensee shall allow the public free access, to a reasonable extent, to project waters and adjacent project lands owned by the Licensee for the purpose of full public utilization of such lands and waters for navigation and for outdoor recreational purposes, including fishing and hunting: Provided, That the Licensee may reserve from public access such portions of the project waters, adjacent lands, and project facilities as may be necessary for the protection of life, health, and property. Article 14. In the construction, maintenance, or operation of the project, the Licensee shall be responsible for, and shall take reasonable measures to prevent, soil erosion on lands adjacent to streams or other waters, stream sedimentation, and any form of water or air pollution. The Commison, upon request or upon its own motion, may order the Licensee to take such measures as the Commission finds to be necessary for these purposes, after notice and opportunity for hearing. Article 15. The Licensee shall consult with the appropriate State and Federal agencies and, within one year of the date of issuance of this license, shall sub- mit for Commission approval a plan for clearing the reser- voir area. Further, the Licensee shall clear and keep clear tc a:. adequate width lands along open conduits and shall lispose of all temporary structures, unused timber, brush, ;u e, or other material unnecessary for the purposes of the which results from the clearing of lands or from the .3intenance or alteration of the project works. In addition, all trees along the periphery of project reservoirs which may die during operations of the project shall be removed. Upon approval of the clearing plan all clearing of the lands and disposal of the unnecessary material shall be done with due eiligence and to the satisfaction of the authorized represen- tative of the Commission and in accordance with appropriate Federal, State, and local statutes and regulations. Article 16. If the Licensee shall cause or suffer essential project property to be removed or destroyed or to become unfit for use, without adequate replacement, or shall abandon or discontinue good faith operation of the project or refuse or neglect to comply with the terms of the license and the lawful orders of the Commission mailed to the record address of the Licensee or its agent, the Commission will deem it to be the intent of the Licensee to surrender the license. The Commission, after notice and opportunity for hearing, may require the Licensee to remove any or all structures, equipment and power lines within the project boundary and to take any such other action necessary to restore the project waters, lands, and facilities remaining within the project boundary to a condition satisfactory to the United States agency having jurisdiction over its lands or the Commission's authorized representative, as appropriate, or -to provide for the continued operation and maintenance of nonpower facilities and fulfill such other obligations under the license as the Commission may prescribe. In addition, the Commission in its discretion, after notice and opportunity for hearing, may also agree to the surrender of the license when the Commission, for the reasons recited herein, deems it to be the intent of the Licensee to surrender the license. Article 17. The right of the Licensee and of its successors and assigns to use or occupy waters over which the United States has jurisdiction, or lands of the United States under the license,'for the purpose of maintaining the project works or otherwise, shall absolutely cease at the end of the license period, unless the Licensee has obtained a new license pursuant to the then existing laws and regulations, or an annual license under the terms and conditions of this license. I TO: CITY MANAGER, MAYOR, AND CITY COUNCIL FROM: R. L. SAVILLE, CITY LIGHT DIRECTOR DATE: SEPTEMBER 3, 1985 SUBJECT: MORSE CREEK HYDRO PROJECT BACKGROUND: ANALYSIS: RECOMMENDATION: GAB /clr Attachments 1. Status Report 2/3. Project Schedule 4. Contract Cover 5. Scope of Work Summary On August 8th we received our long awaited Water Quality Certification from the State Department of Ecology. We ap- plied for this permit 15 months ago. This permit was the final requirement for our Federal Energy Regulatory Commis- sion (FERC) license for the projects. FERC officials assure us that the license will be issued by the end of this month, a 6 month delay. In our 1985 budget we included an expenditure of $236,500 for the project, which included civil work (road, diversion, repair, et cetera) and design engineering /construction man- agement. Since we experienced delays in the permit process, civil construction can not be accomplished this year. Our projected December 1986 operational goal has not been effected by the Water Quality Certification delays. The current proposed schedule is to begin the design engineering this month. We asked our consultant for this project, Schu- chart and Associates, to prepare a proposed Scope of Work for design engineering and construction management. This proposal is attached. The proposal reflects an effort by us to cut costs from the project by having the mechanical and electrical (turbine, generator, controls, switchgear, et cetera) components bid on a turnkey basis, hopefully re ducing the engineering design costs. A performance specifi- cation would be developed for the mechanical and electrical package, and a detailed Plans and Specifications developed for the civil works. Our recommendation is to proceed with design engineering and bid specification development as well as construction management assistance through a contract with Schuchart and Associates for an amount not to exceed $150,000. This work would commence in September, allowing for construction during the summer of 1986, and testing and production in December 1986. 7t F i MORSE CREEK HYDRO PROJECT STATUS REPORT SEPTEMBER 3, 1985 WATER QUALITY CERTIFICATE (Department of Ecology) o Section 401 Water Quality Certification received August 8, 1985. WATER RIGHTS APPLICATION (Department of Ecology) o An amendment to existing rights was filed in accor- dance to Department of Ecology instructions; issu- ance expected shortly. SHORELINES PERMIT (Clallam County) o Application has been filed; hearing before the Shore- lines Board was conducted. The Board recommended the issuance of the permit August 27th. Scheduled for consideration by County Commissioners in September. LAND EASEMENTS (Haller Whitty) o Land has been obtained from Haller. o Easements with Whitty have been negotiated and are now being considered by Council. HYDRAULIC PROJECT APPROVAL (State Fisheries Game) o To be applied for during engineering design phase. POWER CONTRACTS o Initial proposals have been discussed with Clallam PUD; formal agreement to come during design engineer- ing phase. o Discussions have been ongoing with BPA; they are to respond officially within the month on wheeling and billing procedures, then arrangements with the PUD can be finalized. DESIGN ENGINEERING o Negotiations with Schuchart and Associates regarding the Scope of Work have been held; agreement is now before Council for consideration. FERC LICENSE o Expected this month. r C Feasibility Study Final Mapping AIL Instreao Flow and Enviromente Studies r w Determination o Instream Flow Requirements 4' Archaeological 4 Approval II. III. Licensing and Design and Permitting Bidding Exhibit E 11{"i Preparati j termination 1114 l ut of no signi t impegtt Determination o Land„ uirementb MORSE CREEK HYDRO PROJECT SCHEDULE IT. Licensing, Permitting III. Design, lidding I I. ronocnse #r Economic Analysis r .Water Right, Application DeLA\( Hydraulic kN1l. Project A Approval LL- IV. V. Construct on Operation Begins Begins I L L r r I I I 1L ILL raft Livens Application ssued ror City Functions State /Federal Requirements end Approvals Co Requirements Powor Contracts Negotiated Primary End Use Secondary End Use Water Rights Awarded License Awarded ByF.E.R.C. 4 1 L Y Equipment 1 and Construe Lion Biddi UPDATED: 1 -31 -84 4 -17 -84 REVISED: 9 -14 -84 ■■RRC0 .CRY 152-0 PROJECT No. MATOfL MILE9TONE4 S GOiJ5TRUCTION MORSE GREEK NYDRDELEGTRIG P(KDJEGT DESCRIPTION A. Et-I INEERIN(a PREPC•RE EIELTHECN EID ma/ 2 CoNTR.470R. PREPARE Et/ DS BID evAUAATioN AND AWARD 4 P#+£FARE GVIL E'r AsiIME.ITS S. CnNTRAGTORS PREPARE PdDs 1985 L. BID EVALLSATInN AND A41/A.RS) I 1 i I I I I I I I I I I I I I I I I I I I I I I I 1 1 1 1 1 1 1 1 1! I. 1 1 1 1 1 1 I 1 1 1 1 t I I 1 1 I 1 I 1 1 I I 1 1 1 7. EDTfS.11NicAL TrivESTf ATI ONS I I I I I I I I I I I I 111 I I R. lt�+4.5RRUCTIDN MANAGEMENT i 1 1 1 1 I I 1 1 1 1 I A I 1 1 I 11 1 1 1 1 I I I 11 I 1 1 1 1 I I I I 1 1 1 I I I 1 1 I I i I t t 1 1 I I I I I I i 1 1 I f t I I I 1 I I I I I 1 1 1 I I i 1 1 I I I 1 I II 1 I I_ I 1 1 1 1 1 1 I 1. I ti I i 1 I 1 1 I I I 1 II I I I 1 1 I I I I 11 I I I 1 /1 I I I I I I II I I 1 A 1 I I I 1 I 1 1 I I t I I/ 1 1 I 1 1 I I I I 11 1 I I 1 I t I i I I 1 II 1 I 1. i f 1 I I t 1 1 1 I 1 1 I I 11 I 1 1 1 I 1 1 I 1 f i 1 11 I 1 1 CIVIL Gc!- ITRAGT 1. MoENLI?�T 2. CoNS1 S!! F_, ROAD 5. MANUFPCTURE AND DELIVER Per47T2K 4. 1 NSTALL PF1-15Tc K S REPAIR. INTAKE STRUCTURE to RFPAIR ExIST PIPIT ■Ne. usa [Drt51 I �12.1-1 TRAM- 1I %ON Ut lE I I I I I I /I 1 11 11 I I 1 1 1 1 1 1 1 1 I i i I 1 1 I 1 I ELECT I MEGN L,NTTZAC-i I I I I 11 I. I'SMIT ."O -Dose DRAWIWUS 2. '51,4e,4 gn -t?2( C2dwl r{L.e-i INTpRY1ITTGIT WORK. kTgaramar4m5 TRW momemiimmi AWARDI MI NM 3 E rte= UM__ NI J FE. MAR PRIL �Y A JN E L AWou. SE NO4 rE. MIN11111 =Imam I J 1 1 1 J 1 1 I ITI 1 1 1 1 1 1 1 1 I I I I I I I__ 1 I 1 I I I I II I I I I 1 I I I I I I 1 I I I I 1 1 I 1 I I I I I I I I 1 I I I I I I 1 1 1 1 1!! 11 l 1 I 1 i l l I 1 1 1 1 1 1 I I I 11 I I I I I I I I I 1 I I I I I I I II 1 I I I I I I i I I 1 I I I I I I 1 I I t I I I I 1 1 1 I I I I I I I I I I 1 I I I I I 1 1 i i I I 1 1 I I 1 1 1 1 PROJECT SCHEDULE LOCATION MoFee GREEK PbRT 4ELES CALENDAR PERIOD 199(0 I 1 I I I 1 I I 1 I I I I I I I 1 I I I i I I I .i I I I I 1 1 1 I I 1 1 i I I I I I 1 1 1 I I I I 1 I 1 1 I 1 1 I 1 .I 1 1 I I 11 1 1 1 11 I I I I 11 I I 1 I 1 I ITI 1 I I 1 I I I I I F i 1 I DATE aI$5 1TE INREP RN GPO SGNUGHA.RT i A9iO41ATE5 I. I I 1 I I I I I I- I I i II ii I I I I I I I I I I II 1 1 1 I I I I I I I I I I I 1 I iii t i l l II I 1 11 11 A 1 1 1 I i 1 I 1 1 1 1 1 i I I I I I II l 1 1 1 1 1 1 1 1 1 1 1 I 11 1 1 1 1 II I -I 1I I 1 I 1 I 1 i 1 I 1 1 I I I 11 I 1 I 1 I I I I I 11 I I I I I I I 1 I 1 1 I 1 Ii I I 1 11 1 I/ 1 I 1 11 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1• I I I 1 I I 1 I 1 1 1. 1 I 1 I I I 1 I I 1 I I I i I I I I I 1 I I 11 I I I I I I I I 1 1 1 I 1 1 1 I 1 1 I I I I t t I II I It 7 t I 1 I 1 1 I I 1 I 1 I I I t I I I I I I 11 I 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 I 11 11 1 1 1 1 a11.IFPr TURP�IE I I I R61L`LE 1 I i I I I I I I I I I I I I I I I 1 1 1 1 I I I I .5. I NrALL ekeattaEal A(LE5°.ORY '-1 I I I I 1 1 1 I 1 i I 1 1 I 1 I I I I I 1 I I 1 I I I I I I I I I I I 1 I I I 1 1 I EAIAIF'MFJ -IT I I I 1 1 1 7 1 1 I 1 I 1 1 1 1 1 I 1 1 1 I I I II I 1 I tIJi__I 1 I i I I I I 1 1,,. TESTING. 1 1 1 1 I 1 I t I I 11 f I I I I 1 11 I 11 1 1 11 I I l l l l i l 1 1 I I I I I i 1 I I 1 I 1 I I 1 1 1 1 I I I I 1 1 1 1 1 1 I 11 I I 1i i 1 II II I I! 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 I i i 11 1 1 i I I I I I I I l I 1 1 1 I I t 1 I I I_I___I_� I- I I I 1 1 I I I I I I 1 1 I I I L I L I I I I 1 I I 1 I I I I I I I I I I I I ;__1. -1 1 1 I I 1 1 1 1 1 I 1 1 I I I II I I I I I I I I I I I II I 1 __Li it I 1 1 1 1 1 1 1 1 1 1 I II I I II IIIII1III1II II1IIIIIIiI 1111111 111 1111 AGREEMENT FOR CONTINUATION OF ENGINEERING SERVICES This agreement entered into the day of 198_, by and between City of Port Angeles, A Municipal Corporation of the State of Washington "Owner and Schuchart Associates, Inc., 9709 Third Avenue Northeast, Ste. #300, Seattle, Washington 98115, "Schuchart with respect to the fol- lowing facts: A. Owner retained Schuchart to perform feasibility analysis, preliminary design and environmental analysis for a hydroelectric power plant on Morse Creek (the Project). B. Owner desires to build the Project. a C. Owner desires Schuchart to continue to perform professional engineering services for the Project. NOW, THEREFORE, the parties hereto, for and in consideration of the mutual covenants and agreements herein contained, hereby agree as follows: SUMMARY SCOPE OF WORK PORT ANGELES MORSE CREEK A. Project Management 1. Cost and schedule control, including development of reports of project budgets and costs incurred. 2. Preparation of project progress reports. a B. Design and Procurement 1. Preparation of performance type specifications and bid and contract documents necessary to secure bids for the mechanical and electrical equipment and installation. 2. Preparation of detailed contract drawings, construction specifications and bid and contract documents for the civil construction contract. 3. Preparation of engineer's estimates of construction costs for such bids. 4. Analysis of bids received and recommendations for award. C. Services During Manufacture and Construction 1. Consult with, advise and represent Owner, to the extent authorized, in administration of contracts. 2. Review drawings and other data which contractors are required to submit. 3. Make site visits and provide personnel, services, as part of the inspection and test program for the above contracts. 4. Furnish recommendations for payments and certificates of completion. 5. Provide as -built drawings and operation and maintenance manuals. 41' V h TO: FROM: DATE: SUBJECT: MERRI LANNOYE, PERSONNEL MANAGER /CITY CLERK GREG BOOTH, POWER MANAGER JUNE 29, 1984 MORSE CREEK WATER RIGHTS APPLICATION NOTICE Please advertise the attached notice in the legal advertisements as specified in the attached letter from Mr. Walter Bergstrom of the Department of Ecology. Thank you! GB /clr cc? Andy Rose, Water /Sewer Superintendent PROMP MORE r YOUR ®SER R lIG Y OUR V4E ARE LETTER Vetli OUR ,tit n,U� 4A17 STATE OF WASHINGTON OFFICE OF THE DIRECTOR OF THE DEPARTMENT OF ECOLOGY NOTICE OF APPLICATION TO CHANGE PURPOSE OF USE OF SURFACE WATER TAKE NOTICE: That the City of Port Angeles, Washington, has filed an application to change the purpose of use of 15 cubic feet per second of waters of Morse Creek, as granted in Surface Water Certificate Number 874: The use of said 15 cubic feet per second of water is for municipal supply and has been diverted at a point in the EISE *NWA of Section 5, T. 29 N., R. 5 W.W.M., in Clallam County, Washington. That said water has been used for municipal supply on lands described as being the area served by the City of Port Angeles. That they wish to change the purpose of use by adding hydroelectric power generation as a additional use to the municipal supply. Protests or objections to approval of this application must include a detailed statement of the basis for objections; protests must be accompanied by a two dollar ($2.00) recording fee and filed with the Department of Ecology, Southwest Regional Office, Olympia, Washington July 18, 1984. 98504, within thirty (30) days from (last date of publication to be entered here by publisher). To Daily News: Please publish as legal on July 11, 1984 and July 18, 1984. Bill: City of Port Angeles P. 0. Box 1150 Port Angeles, WA 98362 Jg.h K. Thomas, Regional Manager Southwest Regional Office