Regular Meeting and Public Hearing of the Board of Commissioners Monday, July 10, 2017 4:00 PM Estimated Minutes Time Allocated 04:00 PM 1 CALL TO ORDER

04:01 PM 1 APPROVAL OF AGENDA

04:02 PM 2 PUBLIC COMMENTS Public comment is limited to three minutes per person or five minutes per group

04:04 PM 1 CONSENT AGENDA A Approval of Minutes of Regular Meeting of March 27, 2017 B Approval of Minutes of Regular Meeting of April 3, 2017 C Approval of Minutes of Regular Meeting of May 8, 2017 D Moy SE 28th Short Plat - Initial Acceptance Resolution - Parcel 0924069081 E Gabrielle's Place - Preliminary Final (Phasing) Resolution - Parcels 2225069016, 9030, 9037, 9098 F Town Center Plateau 120 Apartments - Preliminary Final (Phasing) Resolution - Parcel 1241100015

ACTIVE AGENDA 04:05 PM 5 A Corona Environmental Consulting - Contract Approval 04:10 PM 5 B CDM Smith - Contract Approval 04:15 PM 15 C Legislative Agenda

REPORTS 04:30 PM 5 Attorney 04:35 PM 5 General Manager 04:40 PM 10 Commissioner

04:50 PM 40 BREAK

PUBLIC HEARING 05:30 PM 30 Public Hearing Regarding Proposed Revisions to the Water and Sewer General Facility Charges and Local Facility Charges

06:00 PM ADJOURN

Next Meeting - Regular Meeting - July 24, 2017 2

Consent Agenda

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Consent Agenda

Item A

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BOARD OF COMMISSIONERS Regular Meeting Minutes March 27, 2017

Board President Karen Moran called the regular meeting to order at 4:00 p.m. A quorum represented by Commissioners Karen Moran, Mary Shustov, and Lloyd Warren was present. Also present were District staff Jay Krauss, Angel Barton, Jay Regenstreif, Shelley Jurgensen, Scott Jonas, Jim Konigsfeld, Janet Upegui, Janet Sailer, Kevin DeRouen, Kyle Wong, and Paddy Moe. John Milne, District legal counsel, was also present. Commissioner Islam had an excused absence. Commissioner Tom Harman arrived to the meeting later, as these minutes indicate. APPROVAL OF THE AGENDA

 Motion: Commissioner Warren made a motion approving the agenda as presented. Commissioner Shustov seconded the motion. The motion carried unanimously.

PUBLIC COMMENTS  Mary Wictor – 408 208th Ave NE Sammamish WA 98074 Wictor explained the City of Sammamish Planning Commission is currently considering changing its sign code, which could impact the District’s tank murals. Wictor suggested District staff attend the Planning Commission meetings to advocate for the District. Wictor provided handouts regarding code definitions to the Board.

CONSENT AGENDA Minutes: Minutes of Regular Meeting of December 19, 2016 Minutes of Regular Meeting of January 3, 2017 Initial Acceptance Resolutions: Lake Sammamish Estates Phase 2 – Parcels 0724069123, 9124, 9126 Pine Lake Middle School Replacement Phase 2 – Parcel 1024069010 Final Acceptance Resolution: Ivy 12 Sammamish – Parcel 0224069066 Vouchers: Health Equity – Health Savings Account WT.124560 $105,112.32 Payroll DD.16242-16304 $133,610.41 Department of Retirement – Public Employees WT.124561 $31,204.23 Retirement System Health Equity – Health Savings Account WT.124562 $1,787.69 ICMA – Deferred Compensation WT.124563 $3,384.16 King County Finance – Payroll Taxes WT.124564 $57,273.82 WA State Support Registry (Division of Child Support) WT.124565 $346.15

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WA State Treasurer – Deferred Compensation WT.124566 $3,432.50 Total $336,151.28

 Motion: Commissioner Warren made a motion approving the consent agenda as presented. Commissioner Shustov seconded the motion. The motion carried unanimously.

A. NEW 297 BOOSTER PUMP PROJECT – PUMP PURCHASE AGREEMENT Konigsfeld reported the District would like to purchase a new pump and motor control center for the 297 Booster Station. Konigsfeld explained that the preferred pump, a Peerless pump, is only available locally through PumpTech, Inc. Konigsfeld then explained the preferred motor control center, an Allen Bradley, is only available locally through North Coast Electric Company. Konigsfeld requested the Board waive the competitive bidding requirements and approve the purchase of a Peerless pump from PumpTech, Inc. for $110,685.13 including tax, and approve the purchase of an Allen Bradley motor control center from North Coast Electric Company for $15,025.00 including tax. Konigsfeld advised the District had such equipment on other stations and it was important the equipment be consistent.

 Motion: Commissioner Warren made a motion to approve Resolution No. 4660, for the purchase of a Peerless pump by Pumptech and the purchase of an Allen Bradley motor control center, both as sole source acquisitions and involved special facilities. Commissioner Shustov seconded the motion. The motion carried unanimously.

Commissioner Harman arrived at the meeting at 4:09 p.m.

B. DRAFT COMMUNICATIONS PLAN PRESENTATION Krauss reported the Board had recognized the need for a Communications Plan in 2016. Krauss then introduced Janet Upegui, District Communications Outreach Coordinator, who presented the Board with the Draft Communications Plan.

Moran requested the Commissioners review the Draft Communications Plan over the next week for discussion at the April 3, 2017 Board meeting.

C. AMI CUSTOMER PORTAL Krauss reported the District recently received an SMS-Mueller customer portal proposal. Krauss further reported Mueller has offered the District a very favorable package which would reduce costs associated with the initially proposed customer portal. Krauss is requesting the Board’s consideration of the SMS-Mueller customer portal. Krauss reported the SMS-Mueller customer portal proposal could be presented to the Board at their next meeting if desired.

There was Board consensus to have Mueller present the SMS-Mueller customer portal proposal at the April 3, 2017 Board meeting.

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D. CONSIDERATION OF CITY OF SAMMAMISH SIGN CODE/DISTRICT TANK PAINTING Krauss explained the Board directed staff to look into the City of Sammamish (City) proposed sign code update. Krauss further reported code interpretation does not warrant comment at this time.

The Board directed Milne to contact the City of Sammamish attorney to discuss possible impacts on the District if the City’s sign code was updated as currently proposed.

REPORTS General Manager  Reported that Scott Coffey and he would be providing the Sammamish City Council with a PFC presentation on April 18, 2017.  Reported staff is still reviewing the PFC monitoring plan, and that the presentation should be ready for Board review by the end of April.  Reported District staff was able to resolve the issues regarding the status of a developer extension agreement with Metropolitan Market, which opened to the public last week.

Commissioners Commissioner Harman  Reported on his attendance at the Association of Sewer and Water Districts (WASWD) Section IV meeting held on March 20, 2017.  Reported on his attendance at the WASWD Board of Directors meeting held earlier today.  Reported on the West Sound Utility District vs. Kitsap County Amicus Brief recently filed by WASWD in that matter, which will be included in the April 3, 2017 Board packet.  Reported on House Bill 1667, regarding the Public Works Trust Fund.

Commissioner Shustov  Reported on her attendance at a recent Metropolitan Water Pollution Abatement Advisory Committee meeting.  Reported on her attendance the East King County Regional Water Association meeting held on March 23, 2017.  Reported on her attendance at the Environmental Systems Research Institute (ESRI) user group meeting held at the District on March 23, 2017.

EXECUTIVE SESSION – POTENTIAL LITIGATION – RCW 42.30.110 (1)(ii) Krauss requested an executive session to discuss potential litigation. Before convening the executive session at 5:40 p.m., Moran advised the executive session would conclude at 6:00 p.m. The Commissioners, Krauss, and Milne then attended the executive session. At 6:00 p.m., Moran extended the executive session for an additional fifteen minutes, to conclude at 6:15 p.m., which was publicly announced. At 6:15 p.m., the executive session concluded and open public meeting was reconvened.

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ADJOURN As there were no further persons to be heard or business to discuss, the meeting was adjourned at 6:15 p.m.

Mary Shustov, Secretary

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Consent Agenda

Item B

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BOARD OF COMMISSIONERS Regular Meeting Minutes April 3, 2017

Board Secretary Mary Shustov, President Pro Tem, called the regular meeting to order at 4:04 p.m. A quorum represented by Commissioners Mary Shustov, Lloyd Warren, and Tom Harman was present. Also present were District staff Jay Krauss, Angel Barton, Jay Regenstreif, Shelley Jurgensen, Scott Jonas, Janet Upegui, Janet Sailer, Kyle Wong, Jim Konigsfeld, and Paddy Moe. John Milne, District legal counsel, was also present. Commissioner Moran arrived later, as these minutes indicate. Commissioner Islam had an excused absence. APPROVAL OF THE AGENDA

 Motion: Commissioner Warren made a motion approving the agenda as presented. Commissioner Harman seconded the motion. The motion carried unanimously.

PUBLIC COMMENTS  Mary Wictor – 408 208th Ave NE, Sammamish WA 98074 Wictor reported that the City of Sammamish Planning Commission is holding a meeting on April 6, 2017, to discuss updating the city’s sign code.

CONSENT AGENDA Final Acceptance Resolution: 4661 - Murmuring Firs Lot 3 Sewer Extension – Parcel 5726500030 Preliminary Final (Phasing) Resolution: 4662 - Lake Sammamish Estates – Parcels 0724069007, 9014, 9017, 9122, 9125, 9127 Vouchers: Payroll DD.16180-16241 $125,339.98 Department of Retirement – Public Employees Retirement WT.124482 $32,003.88 System Health Equity – Health Savings Account WT.124483 $1,787.69 ICMA – Deferred Compensation WT.124484 $3,384.16 King County Finance – Payroll Taxes WT.124485 $53,287.34 WA State Support Registry (Division of Child Support) WT.124486 $346.15 WA State Treasurer – Deferred Compensation WT.124487 $3,432.50 State of WA – Excise Tax – Maintenance Fund WT.124488 $84,103.94 State of WA – Excise Tax – Joint Fund WT.200365 $73.71 Health Equity – Health Savings Account WT.124480 $3,400.00 Health Equity – Health Savings Account WT.124481 $19,687.68 Maintenance Fund 124489-124559 $803,755.85 Joint Fund 200366 $21.52

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Construction Fund 302479-302482 $36,278.09 Maintenance Fund 124567-124569 $97,601.83 Maintenance Fund 124570-124651 $274,239.70 Construction Fund 302483-302489 $22,832.10 Total $1,561,576.12

 Motion: Commissioner Warren made a motion approving the consent agenda as presented. Commissioner Harman seconded the motion. The motion carried unanimously.

A. MUELLER SUS CUSTOMER PORTAL PRESENTATION Krauss introduced John Cobb from Mueller Systems and Brad Adamske from Smart Utility Systems (SUS). Krauss explained the Mueller-SUS customer portal is much more robust than the Mueller Systems customer portal presented to the Board at the March 27, 2017 Board meeting. Adamske then made a presentation of the Mueller-SUS customer portal.

Commissioner Moran arrived at the meeting at 4:35 p.m.

 Motion: Commissioner Warren made a motion to rescind the customer portal acquisition direction previously given to District staff, and to approve the acquisition of the Mueller-SUS customer portal, subject to the negotiation of a contract to do so. Commissioner Shustov seconded the motion. The motion was approved 3-1, with Commissioner Moran voting against the motion.

B. WATER COMPREHENSIVE PLAN – LEAD CONSULTANT CONTRACT APPROVAL Regenstreif reported the 2010 Water Comprehensive Plan will be updated to the 2018 Comprehensive Plan (Plan) with the goal of completion by the end of 2017. Regenstreif further explained the District will be hiring a lead consultant and three specialty consultants to assist with the Plan.

Regenstreif reported the District went out to bid through the shared procurement portal, advertised in the Daily Journal of Commerce and the Times, and that CHS Consulting was the only bid received by the District to prepare the Plan update. Regenstreif is recommending CHS Consulting as the lead consultant for work on the Plan.

Regenstreif explained the contract with CHS Consulting is for $214,000, with additional costs for the three consultants that will assist, and those contracts will be presented at the April 24, 2017 meeting. Regenstreif estimates the total cost for work on the Plan will be approximately $350,000.

Regenstreif requested Board approval of the scope and budget for CHS Engineers, LLC as the lead consultant for the 2018 Plan.

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 Motion: Commissioner Warren made a motion to approve CHS Engineers, LLC, for the scope and budget as the lead consultant for the 2018 Water Comprehensive Plan. Commissioner Shustov seconded the motion. The motion carried unanimously.

C. WATER COMPREHENSIVE PLAN – WATER CONSERVATION PROGRAM MEASURES (CHAPTER 4) Regenstreif explained specific sections of the Plan will be updated and brought before the Board for review and comment. Regenstreif requested Board approval of Table 4-1, and Sections 4.1.3.1, and 4.1.4.2 for inclusion in the Plan.

 Motion: Commissioner Shustov made a motion to approve Table 4-1, Water Use Efficiency Rule Requirements & Compliance, Section 4.1.3.1 – Historical Conservation Program Measures, and Section 4.1.4.2 – Future Conservation Program Measures for inclusion in the 2018 Water Comprehensive Plan. Commissioner Warren seconded the motion. The motion carried unanimously.

D. WATER COMPREHENSIVE PLAN – WATER SHORTAGE RESPONSE PLAN (CHAPTER 6) Regenstreif reported District staff has revised portions of the Water Shortage Response Plan (WSRP) portion of the Plan. Regenstreif requested Board approval of the revised WSRP, and the revised Fine Structure of the WSRP.

 Motion: Commissioner Shustov made a motion to approve section 6.12, Water Shortage Response Plan, as presented. Commissioner Harman seconded the motion. The motion carried unanimously.

 Motion: Commissioner Warren made a motion to approve Resolution No. 4663, “Adopting and Updating a Water Shortage Response Plan.” Commissioner Shustov seconded the motion. The motion carried unanimously.

 Motion: Commissioner Warren made a motion to approve Resolution No. 4664, “Establishing Fines for Water Usage in Violation of Mandatory Water Use Restrictions; and Repealing Resolution No. 2781.” Commissioner Shustov seconded the motion. The motion carried unanimously.

E. 7 MG & 297 TANK SEISMIC RETROFIT PROJECT – AGREEMENT FOR CONSULTING SERVICES Konigsfeld reported the District conducted a seismic vulnerability assessment in 2013. Konigsfeld further reported that both the 7 million gallon tank and the 297 tank were both found to be vulnerable if there was a seismic event.

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Konigsfeld is requesting Board approval of Reid Middleton for design services on the Seismic Retrofit Project, and to authorize the General Manager to execute the Agreement for Consulting Services with Reid Middleton.

 Motion: Commissioner Shustov made a motion to approve Reid Middleton for design services, and to authorize the General Manager to execute the Agreement for Consulting Services with Reid Middleton. Commissioner Harman seconded the motion. The motion carried unanimously.

F. COMMUNICATIONS PLAN DISCUSSION Krauss reported the Board had requested the Communications Plan be placed on the agenda for discussion.

The Board discussed the Communications Plan, including goals, objectives, and strategy.

There was Board consensus directing staff to incorporate suggestions and bring the Draft Communications Plan back at a future meeting. G. NEW WAGE SYSTEM UPDATE Krauss reported that the Board had directed staff to create a new wage system that aligns with employee performance and reviews.

Jurgensen presented the Board with the proposed wage system changes for further consideration.

H. CITY OF SAMMAMISH SIGN CODE/DISTRICT TANK MURALS Milne provided the Board with information regarding city sign codes. Milne further reported that city sign codes are not frequently updated. Milne explained that the Board had directed him to engage the City of Sammamish attorney regarding the city’s proposed revisions to its sign code. Milne reported the Sammamish Planning Commission will be holding a meeting to discuss updating the city’s sign code this Thursday, April 6, 2017. Milne encouraged District staff to attend the meeting and provide comment, if needed, regarding updated sign code. Jay Regenstreif will attend the meeting.

REPORTS Commissioners Commissioner Harman  Reported on his attendance at the Washington Association of Sewer and Water Districts (WASWD) Section IV meeting held on March 20th.  Reported the District will be hosting the May 15, 2017 WASWD Section IV meeting at the District office.  Reported the District will be hosting the May 8, 2017 Sno-King meeting at the District office.

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 Thanked Commissioner Shustov for regularly providing the Board with Metropolitan Water Pollution Abatement Advisory Committee meeting materials.

ADJOURN As there were no further persons to be heard or business to discuss, the meeting was adjourned at 6:50 p.m.

Mary Shustov, Secretary

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Consent Agenda

Item C

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BOARD OF COMMISSIONERS Regular Meeting Minutes May 8, 2017

Board President Karen Moran called the regular meeting to order at 4:03 p.m. A quorum represented by Commissioners Karen Moran, Mahbubul Islam, Mary Shustov, Tom Harman, and Lloyd Warren was present. Also present were District staff Jay Krauss, Jay Regenstreif, Angel Barton, Scott Jonas, Janet Upegui, Kyle Wong, Jim Konigsfeld, Kevin DeRouen, and Paddy Moe. John Milne, District legal counsel, was also present. APPROVAL OF THE AGENDA

 Motion: Commissioner Islam made a motion approving the agenda as amended to remove Items B and D from the active agenda. Commissioner Warren seconded the motion. The motion carried unanimously.

PUBLIC COMMENTS  Roger Chapanis 3520 220th Pl SE Sammamish 98075 Chapanis reported he had been in contact with Kathy Lambert to discuss low-income utility rate options, and that Lambert reported King County is currently looking into options for low-income customers.

CONSENT AGENDA Preliminary Final (Phasing) Resolution: 4675 - The Village at Sammamish Town Center 2017– Parcels 3325069025, 9064, 9104, 9106 Latecomer’s Reimbursement Agreement: 4676 - Laurel Hills Division 4 Development – Parcel 0924069201

 Motion: Commissioner Warren made a motion approving the consent agenda as presented. Commissioner Harman seconded the motion. The motion carried unanimously.

A. LOW INCOME SUBSIDY OPTIONS Krauss reported the topic of low-income utility service rate subsidy options has been previously reviewed by the Board. Krauss then provided the Board with a presentation from Cascade Water Alliance, “Review of Member Low-Income Customer Base,” which had been presented at the June 15, 2015 Board meeting.

Milne provided copies of RCW 57.08.014, regarding the District’s authority to adjust or delay rates or charges for low-income persons. Milne explained that notification of special rates or charges, if established under this section, should be provided annually to all people served by the District.

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There was Board consensus to direct the General Manager to further report to the Board on low-income service rate subsidy options for District ratepayers, including multi-family.

B. COMMUNICATIONS PLAN REVIEW Discussion of the Communications Plan was moved to the May 22, 2017 Board meeting.

C. GROUNDWATER MANAGEMENT 101 Regenstreif provided the Board with a presentation on groundwater management regulations and policies

D. MUELLER/SUS PUBLIC PORTAL CONTRACT – REMOVED FROM ACTIVE AGENDA Discussion of the Mueller/SUS Public Portal Contract was moved to a future meeting.

E. MEETING TIME – DISCUSSION Commissioner Harman requested the regular Board meeting time be changed from 4:00 p.m. to 3:00 p.m.

There was Board consensus to keep the time of regular Board meetings at 4:00 p.m.

REPORTS General Manager  Reported he is anticipating having the PFC Plan ready for presentation at the first meeting in June.  Reported he will not be in attendance at the May 22, 2017 Board meeting.

Commissioners Commissioner Harman  Reported on his attendance at the Sno-King meeting held at the District office earlier today.  Reported on his attendance at the King County Regional Water Quality Committee meeting held on May 3, 2017.  Reported the City of Sammamish is discussing further buildout to accommodate seniors who are interested in moving into smaller homes, but wish to remain in Sammamish.  Reported on Grinder Pumps.

Commissioner Warren  Reported King County Metro Rates are increasing to pay for their debt.

EXECUTIVE SESSION – POTENTIAL LITIGATION – 42.30.110(1)(I) Moran requested an executive session to discuss potential litigation relating to the City of Issaquah’s SE 62nd Street Improvement Project. Before convening the executive session at 5:50 p.m., Moran advised the executive session would conclude at 6:05 p.m. The Commissioners, Krauss, Milne, Konigsfeld, Wong, and Regenstreif then attended the

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executive session. At 6:05 p.m., the executive session concluded and open public meeting was reconvened.

ADJOURN As there were no further persons to be heard or business to discuss, the meeting was adjourned at 6:06 p.m.

Mary Shustov, Secretary

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Consent Agenda

Item D

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SAMMAMISH PLATEAU WATER & SEWER DISTRICT KING COUNTY, WASHINGTON

RESOLUTION NO.

RESOLUTION OF THE BOARD OF COMMISSIONERS OF SAMMAMISH PLATEAU WATER AND SEWER DISTRICT, KING COUNTY, WASHINGTON, AUTHORIZING AND APPROVING THE APPLICATION FOR THE DEVELOPER EXTENSION AGREEMENT FOR THE

MOY SE 28TH SHORT PLAT

WHEREAS, David Moy has submitted an application to enter into a Developer Extension Agreement for service to a development known as

MOY SE 28TH SHORT PLAT; and

WHEREAS, said party has submitted to the District Preliminary/Certificate of Availability Fee of

WATER $6,015.00 SEWER $1,522.50

BE IT RESOLVED, by the Board of Commissioners of Sammamish Plateau Water & Sewer District, King County, Washington, as follows:

1. The District hereby approves the application and authorizes the execution of the Developer Extension Agreement referenced above.

2. The balance of the Preliminary/Certificate of Availability fees not yet paid as required by District resolution will be due within thirty (30) days of King County's, City of Sammamish’s or City of Issaquah’s approval of the first land use process/procedure for which the King County Certificates of Water and/or Sewer Availability were issued in connection with the execution of the Developer Extension Agreement or no later than at the time of initiation of the District’s review of the design of the Developer Extension Agreement, whichever is sooner; and

3. In the event the General Facility Charges are not paid within said thirty (30) day period, interest shall accrue on the entire amount due at the rate of eight percent (8%) until the General Facility Charges and all accrued interest are paid in full; and

4. If King County Certificates of Water and/or Sewer Availability are not required for the project for which the water and/or sewer extension improvements are being installed, the General Facility Charges shall be paid at the time of initiation of the District’s review of the design of the Developer Extension Agreement, or within six months of the initiation of this Developer Extension Agreement, whichever comes first.

Resolution No. ______Page 1 Tax Parcel 0924069081 3 ERUs Water and 3 ERUs Sewer

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ADOPTED by the Board of Commissioners of Sammamish Plateau Water and Sewer District, King County, Washington, at a regular open public meeting held on the 10th day of July 2017.

Individual Commissioner’s Vote on this Resolution: Approved: Opposed: Karen Moran, President and Commissioner Abstained: Absent: Approved: Opposed: Mahbubul Islam, Vice President and Commissioner Abstained: Absent: Approved: Opposed: Mary Shustov, Secretary and Commissioner Abstained: Absent: Approved: Opposed: Tom Harman, Commissioner Abstained: Absent: Approved: Opposed: Lloyd Warren, Commissioner Abstained: Absent:

Resolution No. ______Page 2 Tax Parcel 0924069081 3 ERUs Water and 3 ERUs Sewer 21

EXHIBIT A

REAL PROPERTY DEPICTION MOY SE 28TH SHORT PLAT TAX PARCEL 09240690811024069027

REAL PROPERTY LOCATION

Resolution No. ______Page 3 Tax Parcel 0924069081 3 ERUs Water and 3 ERUs Sewer 22

Consent Agenda

Item E

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SAMMAMISH PLATEAU WATER & SEWER DISTRICT KING COUNTY, WASHINGTON

RESOLUTION NO.

RESOLUTION OF THE BOARD OF COMMISSIONERS OF SAMMAMISH PLATEAU WATER AND SEWER DISTRICT, KING COUNTY, WASHINGTON, AUTHORIZING AND APPROVING FINAL ACCEPTANCE OF THE WATER AND SEWER SYSTEMS CONSTRUCTED AS A PART OF THE DEVELOPER EXTENSION AGREEMENT FOR THE

GABRIELLE’S PLACE

DEVELOPMENT CONDITIONED UPON COMPLETION OF FINAL ADJUSTMENT OF DISTRICT FACILITIES WHEN FINAL SURFACE IMPROVEMENTS ARE COMPLETED.

WHEREAS, the Board of Commissioners of Sammamish Plateau Water and Sewer District approved the application by CR Home Builders, LLC (“Developer”) for a Developer Extension Agreement by Initial Resolution Number 4492 dated 18th day of May 2015 for the project known as Gabrielle’s Place; and

WHEREAS, the Developer has met all conditions of the Developer’s Extension Agreement except for certain system adjustments that will be required when certain final surface improvements are completed; and

WHEREAS, the Developer has provided the District with fees and complied with other conditions as set forth in Resolution No. 4492 or as that resolution may be amended or modified; and

WHEREAS, District Staff have recommended that the water and sewer systems be given final acceptance; now, therefore,

BE IT RESOLVED, by the Board of Commissioners of Sammamish Plateau Water & Sewer District, King County, Washington, as follows:

1. The extension systems referenced above are hereby granted final acceptance, conditioned on the further satisfactory completion of the items referenced above and shall be owned, maintained and operated by the District in a manner consistent with the District's resolutions, policies and procedures.

2. This conditioned final acceptance shall not commence the twenty three month maintenance period referenced in Paragraph WS-48 Maintenance Guarantee of the Developer Extension Agreement. Such twenty three month maintenance period shall commence upon the completion of all Developer obligations set forth in the Developer Extension Agreement, including but not limited to, the conditions mentioned above.

Resolution No. ______Page 1 Tax Parcel 2225069016, 2225069030, 2225069037, 2225069098 15 ERUs Water and 14 ERUs Sewer 24

ADOPTED by the Board of Commissioners of Sammamish Plateau Water and Sewer District, King County, Washington, at a regular open public meeting held on the 10th day of July 2017.

Individual Commissioner’s Vote on this Resolution: Approved: Opposed: Karen Moran, President and Commissioner Abstained: Absent: Approved: Opposed: Mahbubul Islam, Vice President and Commissioner Abstained: Absent: Approved: Opposed: Mary Shustov, Secretary and Commissioner Abstained: Absent: Approved: Opposed: Tom Harman, Commissioner Abstained: Absent: Approved: Opposed: Lloyd Warren, Commissioner Abstained: Absent:

Resolution No. ______Page 2 Tax Parcel 2225069016, 2225069030, 2225069037, 2225069098 15 ERUs Water and 14 ERUs Sewer 25

EXHIBIT A

REAL PROPERTY DEPICTION GABRIELLE’S PLACE TAX PARCEL 2225069016, 2225069030, 2225069037, 2225069098

REAL PROPERTY LOCATION

Resolution No. ______Page 3 Tax Parcel 2225069016, 2225069030, 2225069037, 2225069098 15 ERUs Water and 14 ERUs Sewer 26

Consent Agenda

Item F

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SAMMAMISH PLATEAU WATER & SEWER DISTRICT KING COUNTY, WASHINGTON

RESOLUTION NO.

RESOLUTION OF THE BOARD OF COMMISSIONERS OF SAMMAMISH PLATEAU WATER AND SEWER DISTRICT, KING COUNTY, WASHINGTON, AUTHORIZING AND APPROVING FINAL ACCEPTANCE OF THE WATER AND SEWER SYSTEMS CONSTRUCTED AS A PART OF THE DEVELOPER EXTENSION AGREEMENT FOR THE

TOWN CENTER PLATEAU 120 APARTMENTS

DEVELOPMENT CONDITIONED UPON COMPLETION OF FINAL ADJUSTMENT OF DISTRICT FACILITIES WHEN FINAL SURFACE IMPROVEMENTS ARE COMPLETED.

WHEREAS, the Board of Commissioners of Sammamish Plateau Water and Sewer District approved the application by PNW Holdings, LLC (“Developer”) for a Developer Extension Agreement by Initial Resolution Number 4396 dated 2nd day of September 2014 for the project known as Town Center Plateau 120 Apartments; and

WHEREAS, the Developer has met all conditions of the Developer’s Extension Agreement except for certain system adjustments that will be required when certain final surface improvements are completed; and

WHEREAS, the Developer has provided the District with fees and complied with other conditions as set forth in Resolution No. 4396 or as that resolution may be amended or modified; and

WHEREAS, District Staff have recommended that the water and sewer systems be given final acceptance; now, therefore,

BE IT RESOLVED, by the Board of Commissioners of Sammamish Plateau Water & Sewer District, King County, Washington, as follows:

1. The extension systems referenced above are hereby granted final acceptance, conditioned on the further satisfactory completion of the items referenced above and shall be owned, maintained and operated by the District in a manner consistent with the District's resolutions, policies and procedures.

2. This conditioned final acceptance shall not commence the twenty three month maintenance period referenced in Paragraph WS-48 Maintenance Guarantee of the Developer Extension Agreement. Such twenty three month maintenance period shall commence upon the completion of all Developer obligations set forth in the Developer Extension Agreement, including but not limited to, the conditions mentioned above.

Resolution No. ______Page 1 Tax Parcel 1241100015 23.5 ERUs Water and 21 ERUs Sewer 28

ADOPTED by the Board of Commissioners of Sammamish Plateau Water and Sewer District, King County, Washington, at a regular open public meeting held on the 10th day of July 2017.

Individual Commissioner’s Vote on this Resolution: Approved: Opposed: Karen Moran, President and Commissioner Abstained: Absent: Approved: Opposed: Mahbubul Islam, Vice President and Commissioner Abstained: Absent: Approved: Opposed: Mary Shustov, Secretary and Commissioner Abstained: Absent: Approved: Opposed: Tom Harman, Commissioner Abstained: Absent: Approved: Opposed: Lloyd Warren, Commissioner Abstained: Absent:

Resolution No. ______Page 2 Tax Parcel 1241100015 23.5 ERUs Water and 21 ERUs Sewer 29

EXHIBIT A

REAL PROPERTY DEPICTION TOWN CENTER PLATEAU 120 APARTMENTS TAX PARCEL 1241100015

REAL PROPERTY LOCATION

Resolution No. ______Page 3 Tax Parcel 1241100015 23.5 ERUs Water and 21 ERUs Sewer 30

Active Agenda

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Active Agenda Item A

Corona Environmental Consulting Contract Approval 32

BOARD OF COMMISSIONERS - AGENDA MEMORANDUM

Date: July 10, 2017 Staff Contact: Scott Jonas Subject: Corona Contract Approval Approved by: Project: N/A Department Manager Tax Lot: N/A Finance Manager General Manager

INTRODUCTION: In response to discovering the presence of PFC’s in the District’s Lower Issaquah Valley production wells, the District engaged consultants CDM Smith to develop a groundwater model, and Corona Environmental Consulting to develop a monitoring and response plan in 2016. Copies of the consultants’ reports were presented along with staff recommendations at the June 5, 2017 board meeting. Continuing to monitor PFC’s, staff has worked with the two consultants to determine a scope of work for future services. Staff has endeavored to structure the contracts with sufficient flexibility to accommodate future unforeseen issues. Staff will share proposed agreement with Corona Environmental Consulting for continuation of PFC monitoring and response planning to the Board.

BACKGROUND: At the July 5, 2016 Board meeting, the Commissioners authorized the General Manager to engage Corona Environmental Consulting and CDM Smith to develop a monitoring and response plan for the possible occurrence of perfluorinated compounds in the District’s groundwater wells. At the June 5, 2017 Board meeting, the consultants’ reports and staff recommendations were presented. To continue to monitor PFCs in the District’s Lower Issaquah Valley production wells, the staff has worked with the consultants to establish consultant agreements that will best address the District’s current and potential future PFC issues.

FISCAL IMPACT: Corona Environmental Consulting TOTAL – NON BUDGETED $18,520

OPTIONS: 1. Authorize the General Manager to engage the consultant based upon the consulting agreement presented. 2. Do not authorize the General Manager to engage the consultant based upon the consulting agreement presented.

STAFF RECOMMENDATIONS: Staff requests the Board to authorize the General Manager to sign contract as presented with Corona Environmental Consulting.

ATTACHMENTS: Corona Environmental Consulting PFOA Groundwater Investigation Consulting Agreement

33

AGREEMENT FOR CONSULTING SERVICES PFOA GROUNDWATER INVESTIGATION

This Agreement is made and entered into this ____ day of July, 2017, by and between the Sammamish Plateau Water and Sewer District, a municipal corporation in King County, Washington ("District") and Corona Environmental Consulting, LLC ("Contractor”) for the purposes set forth below.

1. Scope of Consulting Services. Consultant shall provide consulting services to the District under the terms of this Agreement for the following Project: Proposal to Provide PFC Response Support ("Project"). The scope of services is more fully described on Exhibit A attached hereto and incorporated herein by this reference.

2. Compensation and Payment. District shall pay Consultant for the time and materials devoted to the Project as consideration for the performances of the services set forth on Exhibit B, not to exceed the amount of $18,520 plus tax (Eight-Teen Thousand Five Hundred Twenty Dollars and No Cents). Such compensation shall be payable in the following manner:

a. Consultant shall submit a detailed monthly billing for all services provided describing in reasonable and understandable detail the services rendered, fees charged and expenses incurred by Consultant during the previous month in accordance with a schedule of rates and charges set forth on Exhibit B, including fees and expenses for additional services authorized by District as provided herein. District shall pay the invoice within sixty (60) days of receipt, except as to any disputed amounts.

b. Upon District's failure to pay within sixty (60) days of receipt the undisputed amount set forth in any monthly billing submitted to District by Consultant, such unpaid balance will bear interest at the rate of 0.5% per month until the amount of such unpaid balance, plus interest thereon shall be paid in full.

3. Schedule of Work. Consultant shall commence the performance of its services under this Agreement upon receipt of notice by the District to do so and shall provide the services in accordance with the schedule on Exhibit A, subject to delays for causes beyond the reasonable control of Consultant or as otherwise agreed to by District.

4. Subcontractors. Consultant shall not subcontract or assign any portion of the services to be performed under this Agreement without the prior written approval of the District, such approval to be given in the District’s sole discretion. If the District approves the subcontracting or assignment of any portion of the services, the Subcontractor or Assignee (collectively the “Subcontractor”) shall fully comply with the insurance requirements set forth in Section 7 of this Agreement. The District and the Contractor shall be named as additional Corona Environmental Consulting – Agreement for Consulting Services Proposal to Provide PFC Response Support Page 1 34 insureds on Subcontractor’s Commercial General Liability Insurance Policy with regard to the subcontracted or assigned services to be performed by the Subcontractor and a copy of the endorsement naming the District and the Contractor as additional insureds shall be attached to the Certificate of Insurance and provided to the District. Alternatively, Contractor shall have the Subcontractor included as an additional insured on Contractor’s Commercial General Liability Insurance Policy and provide a copy of the endorsement to that affect with the Certificate of Insurance provided to the District.

5. Independent Contractor. Consultant is an independent contractor and not an employee of the District. Consultant shall be responsible in full for payment of its employees, including insurance and deductions, and for payment to any subcontractors. No personnel employed by Consultant shall acquire any rights or status regarding the District. All of the services required hereunder shall be performed by Consultant or under its direction, and all personnel engaged therein shall be fully qualified under applicable state, federal and local law to undertake the work performed by them.

6. Changes in Scope of Services. The District may require changes or modifications in the scope of services to be performed under this Agreement. Any such changes or modifications shall be in writing and signed by the parties to this Agreement. The compensation for the changes or modifications, whether a decrease or increase, shall be on the same terms and conditions as set forth in Paragraph 2 above or in a manner otherwise mutually agreed to by the parties.

7. Insurance. Consultant shall maintain throughout the performance of this Agreement the following types and amounts of insurance.

a. Comprehensive vehicle liability insurance covering personal injury and property damage claims arising from the use of motor vehicles with combined single limits of Two Million Dollars ($2,000,000).

b. Commercial General Liability Insurance written on an occurrence basis with limits no less than Two Million Dollars ($2,000,000) combined single limit per occurrence and Two Million Dollars ($2,000,000) aggregate for personal injury, bodily injury and property damage. Coverage shall include, but not be limited to: blanket contractual; products/completed operations; broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and

c. Professional liability insurance (Errors and Omissions insurance) with limits no less than Two Million Dollars ($2,000,000).

Corona Environmental Consulting – Agreement for Consulting Services Proposal to Provide PFC Response Support Page 2 35

The insurance policies shall: (1) state that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; (2) be primary to any insurance maintained by the District, except as respects losses attributable to the sole negligence of the District; and (3) shall state that the District will be given 30 days prior written notice of any cancellation, suspension or material change in coverage.

The District and its elected and appointed officers, employees, agents, and volunteers shall be named as an additional insured on the Commercial General Liability Insurance policy with regard to work and services performed by or on behalf of the Consultant and a copy of the endorsement naming the “District and its elected and appointed officers, employees, agents, and volunteers” as an additional insured shall be attached to the Certificate of Insurance.

Before commencing work and services, Consultant shall provide to the District a Certificate of Insurance evidencing the insurance described above and shall also complete and provide to the District the insurance forms attached hereto as Exhibit C. The District reserves the right to request and receive a certified copy of all required insurance policies.

The above insurance limits do not constitute a limit on Consultant's liability to the District. Any payment of deductible or self-insurance retention shall be the sole responsibility of Consultant.

Consultant shall be solely responsible for the safety of its employees and subcontractors at the Project work site, and shall comply with all applicable federal, state and local statutes, regulations and ordinances regarding safety.

8. Indemnification. Consultant shall defend, indemnify and hold harmless the District, its officers, employees and agents and volunteers from and against all claims, injuries, damages, liabilities, losses of suits, including attorneys' fees and costs, arising out of or relating to Consultant's performance under this Agreement, except for injuries or damages caused by the sole negligence of the District. For the purposes of this indemnification, Consultant specifically and expressly waives any immunity granted under the Washington Industrial Insurance Act, Title 51 RCW. This waiver has been mutually negotiated and agreed to by the parties. If a court of competent jurisdiction determines that this contract is subject to RCW 4.24.115, Consultant's obligation to defend, indemnify and hold harmless the District, its officers, employees, agents and volunteers shall be limited to the extent of Consultant's negligence. The provisions of this Section shall survive the expiration of termination of this Agreement.

9. Ownership of Documents. Consultant agrees to return to District upon termination of this Agreement all documents, drawings, photographs and other written or

Corona Environmental Consulting – Agreement for Consulting Services Proposal to Provide PFC Response Support Page 3 36 graphic material, however produced, received from District and used by Consultant in performance of its services hereunder. All documents, drawings, specifications, designs, mylars, surveys, survey data, reports and other work product (collectively referred to as "Work Product") produced by Consultant in connection with the services rendered under this Agreement shall be owned by District. District shall own all copyrights to such Work Product and Consultant agrees to assign all ownership rights to such Work Product to the District. Reuse of any such Work Product by the District for other than a specific project or modification in use by the District of any of the Work Product without the Consultant's prior written approval shall be at the District's sole risk.

10. Standard of Care. Consultant’s services shall be performed with the level of care, skill and competence of the consulting profession in accordance with the standard for professional services at the time the services are rendered.

11. Right of Entry. District shall provide for the right of entry of Consultant and its subcontractors and all necessary equipment in order to complete the services under this Agreement.

12. Compliance with Codes and Standards. Consultant's Professional Services shall be consistent with the standard of care and shall incorporate those publicly known federal, state and local laws, regulations, codes and standards that are applicable at the time Consultant renders its services.

13. Discovery of Hazardous Materials. The parties recognize that unanticipated hazardous materials or suspected hazardous materials may be discovered on District's property or on property included as part of the site of work but not owned by District. The discovery of unanticipated hazardous materials may delay the Consultant's provision of the services required herein. In that event, the parties may extend the Contract Completion Date by mutual agreement.

14. Termination. This Agreement may be terminated by either party upon seven days written notice for any reason. In the event of termination, Consultant shall be entitled to compensation for all services performed and costs incurred through and including the date of termination, except as to any disputed amounts.

Corona Environmental Consulting – Agreement for Consulting Services Proposal to Provide PFC Response Support Page 4 37

15. General Provisions.

a. Notices. Any notice or demand desired or required to be given under this Agreement shall be in writing and deemed given when personally delivered, sent by facsimile machine, or deposited in the Mail (or with an express courier), postage prepaid, sent certified or registered mail, and addressed to the parties as set forth below or to such other address as either party shall have previously designated by such a notice:

Sammamish Plateau Water & Sewer District 1510 - 228th Avenue S.E. Sammamish, WA 98075 Attn: General Manager

Corona Environmental Consulting, LLC 301 Main Street, Suite 2200 Baton Rouge, LA 70801 Attn: Chad Seidel, President

b. Attorneys' Fees. In the event that any party commences litigation against the other party relating to the performance, enforcement or breach of this Agreement, the prevailing party in such action shall be entitled to all costs, including attorneys' fees and costs and any such fees or costs incurred on appeal.

c. Entire Agreement. This Agreement and its exhibit attachments contain the entire understanding between the District and Consultant relating to the consulting services which are the subject of this Agreement. This Agreement merges all prior discussions, negotiations, letters of understanding or other promises whether oral or in writing. Subsequent modification or amendment of this Agreement shall be in writing and signed by the parties to this Agreement.

d. Waiver. Waiver of any breach or default hereunder shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or of another provision of this Agreement.

e. Assignment. Neither party shall assign, transfer or otherwise dispose of this Agreement in whole or in part to any individual, firm or corporation without the prior written consent of the other party. Subject to the provisions of the preceding sentence, this Agreement shall be binding upon and enure to the benefit of the respective successors and assigns of the parties hereto. This Agreement is made only for the benefit of the District and Consultant and successors in interest and no third party or person shall have any rights hereunder whether by agency, as a third party beneficiary, or otherwise.

f. Jurisdiction/Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any suit to enforce or relating to this Agreement shall be brought in King County Superior Court, King County, Washington.

Corona Environmental Consulting – Agreement for Consulting Services Proposal to Provide PFC Response Support Page 5 38

g. Severability. If any term, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall remain in effect.

h. Effective Date. The effective date of this Agreement shall be the date that the contract has been signed by authorized representatives of both parties hereto.

CORONA ENVIRONMENTAL SAMMAMISH PLATEAU CONSULTING, LLC WATER & SEWER DISTRICT ("CONSULTANT") ("DISTRICT")

By By Typed Chad Seidel Typed Name John C. Krauss Name Its President Its General Manager

Address: 301 Main Street Address: 1510 - 228th Avenue S.E. Suite 2200 Sammamish, WA 98075 Baton Rouge, LA 70801 Phone: (781) 753-6666 x123 Phone: (425) 392-6256 Mobile: (303) 887-1853 Fax: (425) 391-5389

Date: Date:

Corona Environmental Consulting – Agreement for Consulting Services Proposal to Provide PFC Response Support Page 6 39

Proposal to Provide PFC Response Support Exhibit A Scope of Work

Corona Environmental Consulting, LLC (Corona) is pleased to provide this proposal to Sammamish Plateau Water Supply District (District) to provide response support for the occurrence of perfluorinated compounds in the District’s groundwater wells.

Background On May 25, 2016, the United States Environmental Protection Agency (USEPA) established health advisory levels for two perfluorinated compounds, perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA). For both compounds, the health advisory levels were established at 0.07 μg/L. The District previously engaged Corona to develop a monitoring and response plan for the presence of perfluorinated compounds at minute levels in the District’s wells. A summary of the final plan was presented to the District’s board on May 1, 2017 which entailed revised production strategy for the District’s Wells 7, 8, and 9 as well as ongoing monitoring of these wells and other wells in the area that may serve as sites for early detection of changes in the PFC plume migration.

Scope of Work Task 0: Project Management and Coordination Key team members involved in development of the monitoring and response plan will continue with support on this effort. Chad Seidel, Ph.D., P.E., President at Corona Environmental Consulting, LLC, will serve as the Technical Lead. Jake Causey, P.E. will serve as the Senior Water Quality Engineer and Project Manager, and direct project activities, client communications, reporting, and monthly invoicing. Carleigh Samson, Ph.D. will provide project support. Corona will coordinate and participate in project discussion and coordination meetings with the District and other parties to review the latest information affecting the District’s operations regarding the PFC contamination. This includes review and discussion of water quality data, water well and treatment operations, sample collection, sample results, laboratory analysis, model scenarios and updates and other ongoing related matters. Four 1‐hour meetings are planned as part of this task. Task 1: Review of Monthly PFC Sample Results Corona will provide technical support to the District regarding their PFC response. As part of this task Corona will prepare and issue technical memorandums regarding the review of monthly PFC results for

Corona Environmental Consulting – Agreement for Consulting Services Proposal to Provide PFC Response Support Page 7 40

301 Main Street, Suite 2200 | Baton Rouge, LA 70801 | 781.753.6666 x117 | www.coronaenv.com | 2 samples collected by the District. There are two samples each month anticipated except that one month of each quarter may have additional samples from other locations in the area such as monitoring wells, other productions wells, etc. During these months, upwards of 2 additional samples may be collected. Task 2: Water Quality Assistance Corona will provide support to assist the District with evaluating technical data regarding water quality. This includes review of additional model runs developed by CDM Smith, any changes in conditions or information affecting the District’s PFC response efforts, and other water quality information as determined by the District. Schedule Corona is prepared to begin work immediately on this scope of work upon notice to proceed. The project schedule is for 1 year beginning on June 2, 2017 and ending on June 1, 2018.

Corona Environmental Consulting – Agreement for Consulting Services Proposal to Provide PFC Response Support Page 8 41

PFC Recommendations Consultants’ and Staff Roles District Staff:  Monitor COI‐4 and Darigold pumping for groundwater modeling  Coordinate operational water supply pumping with COI  Begin maximizing use of Well 9 to reduce reliance on Wells 7 and 8, resulting in 8% reduction  Seek DOE approval for year round use based upon 50% pumping reduction from Wells 7 and 8.  Continue to regularly monitor PFC concentrations in District Wells 7, 8, and 9 (Corona) o Monthly for wells in productions o Upon start of wells being placed in service  Maintain monthly calculation/formula of PFC concentrations post blending. Establish formula calculations back to initiation of 2016 testing by 7/1/17.  Establish a post treatment/blending sampling plan with sampling locations by 6/30/17 and implement in July  Conduct quarterly water quality sampling at COI MW 6  In coordination with CDM Smith draw water samples from creek and stormwater outfalls entering Lake Sammamish Corona:  Continue to provide post testing technical memos documenting and trending sample results.  Provide guidance and insight regarding groundwater modeling, production practices, and sampling based upon test results. CDM Smith:  Monitor Sample results and provide guidance regarding additional sampling recommendations and/or groundwater model update, and/or recommended changes in production practices.  Provide technical support for water quality sampling including ongoing sampling at district wells, sampling at COI MW 4, and water samples from creek and stormwater outfalls entering Lake Sammamish.  Advise the district on the appropriate timing to update groundwater model late 2017/early 2018. Update the model and provide any additional technical recommendations regarding groundwater monitoring, production practices, or environmental testing. Update the model earlier as needed if data indicates a need to do so.  Provide a cost estimate and proposed scope of work for evaluating Installation of an extraction/treatment well near the plume source to evaluate efficiency removal of the plume, determine optimum pumping rates for treatment, fate of stranded plume. Update the groundwater model as needed to calibrate with the extraction/treatment well alternative.

Corona Environmental Consulting – Agreement for Consulting Services Proposal to Provide PFC Response Support Page 9 42

Proposal to Provide PFC Response Support Exhibit B Compensation

Corona Environmental Consulting – Agreement for Consulting Services Proposal to Provide PFC Response Support Page 10 43

Exhibit C Insurance

Corona Environmental Consulting – Agreement for Consulting Services Proposal to Provide PFC Response Support Page 11 44

Active Agenda Item B

CDM Smith Contract Approval 45

BOARD OF COMMISSIONERS - AGENDA MEMORANDUM

Date: July 10, 2017 Staff Contact: Scott Jonas Subject: CDM Smith Contract Approval Approved by: Project: N/A Department Manager Tax Lot: N/A Finance Manager General Manager

INTRODUCTION: In response to discovering the presence of PFC’s in the District’s Lower Issaquah Valley production wells, the District engaged consultants CDM Smith to develop a groundwater model, and Corona Environmental Consulting to develop a monitoring and response plan in 2016. Copies of the consultants’ reports were presented along with staff recommendations at the June 5, 2017 board meeting. Continuing to monitor PFC’s, staff has worked with the two consultants to determine a scope of work for future services. Staff has endeavored to structure the contracts with sufficient flexibility to accommodate future unforeseen issues. Staff will share proposed agreement CDM Smith for continuation of PFC monitoring and response planning and groundwater modeling to the Board.

BACKGROUND: At the July 5, 2016 Board meeting, the Commissioners authorized the General Manager to engage Corona Environmental Consulting and CDM Smith to develop a monitoring and response plan for the possible occurrence of perfluorinated compounds in the District’s groundwater wells. At the June 5, 2017 Board meeting, the consultants’ reports and staff recommendations were presented. To continue to monitor PFCs in the District’s Lower Issaquah Valley production wells, the staff has worked with the consultants to establish consultant agreements that will best address the District’s current and potential future PFC issues. In regards to the CDM Smith consulting agreement, the agreement also includes funding to evaluate treatment at the current known source of PFCs at Issaquah’s monitoring well 6.

FISCAL IMPACT: CDM Smith TOTAL – NON BUDGETED $73,143

OPTIONS: 1. Authorize the General Manager to engage the consultant based upon the consulting agreement presented. 2. Do not authorize the General Manager to engage the consultant based upon the consulting agreement presented.

STAFF RECOMMENDATIONS: Staff requests the Board to authorize the General Manager to sign contract as presented with CDM Smith.

ATTACHMENTS: CDM Smith PFOA Groundwater Investigation Consulting Agreement

46

AGREEMENT FOR CONSULTING SERVICES PFOA GROUNDWATER INVESTIGATION

This Agreement is made and entered into this ____ day of July, 2017, by and between the Sammamish Plateau Water and Sewer District, a municipal corporation in King County, Washington ("District") and CDM Smith ("Contractor”) for the purposes set forth below.

1. Scope of Consulting Services. Consultant shall provide consulting services to the District under the terms of this Agreement for the following Project: PFOA Groundwater Investigation ("Project"). The scope of services is more fully described on Exhibit A attached hereto and incorporated herein by this reference.

2. Compensation and Payment. District shall pay Consultant for the time and materials devoted to the Project as consideration for the performances of the services set forth on Exhibit B, not to exceed the amount of $73,143 plus tax (Seventy-Three Thousand One Hundred Forty-Three Dollars and No Cents). Such compensation shall be payable in the following manner:

a. Consultant shall submit a detailed monthly billing for all services provided describing in reasonable and understandable detail the services rendered, fees charged and expenses incurred by Consultant during the previous month in accordance with a schedule of rates and charges set forth on Exhibit B, including fees and expenses for additional services authorized by District as provided herein. District shall pay the invoice within sixty (60) days of receipt, except as to any disputed amounts.

b. Upon District's failure to pay within sixty (60) days of receipt the undisputed amount set forth in any monthly billing submitted to District by Consultant, such unpaid balance will bear interest at the rate of 0.5% per month until the amount of such unpaid balance, plus interest thereon shall be paid in full.

3. Schedule of Work. Consultant shall commence the performance of its services under this Agreement upon receipt of notice by the District to do so and shall provide the services in accordance with the schedule on Exhibit A, subject to delays for causes beyond the reasonable control of Consultant or as otherwise agreed to by District.

4. Subcontractors. Consultant shall not subcontract or assign any portion of the services to be performed under this Agreement without the prior written approval of the District, such approval to be given in the District’s sole discretion. If the District approves the subcontracting or assignment of any portion of the services, the Subcontractor or Assignee (collectively the “Subcontractor”) shall fully comply with the insurance requirements set forth in Section 7 of this Agreement. The District and the Contractor shall be named as additional

CDM Smith Agreement for Consulting Services – PFOA Groundwater Investigation Page 1 47 insureds on Subcontractor’s Commercial General Liability Insurance Policy with regard to the subcontracted or assigned services to be performed by the Subcontractor and a copy of the endorsement naming the District and the Contractor as additional insureds shall be attached to the Certificate of Insurance and provided to the District. Alternatively, Contractor shall have the Subcontractor included as an additional insured on Contractor’s Commercial General Liability Insurance Policy and provide a copy of the endorsement to that affect with the Certificate of Insurance provided to the District.

5. Independent Contractor. Consultant is an independent contractor and not an employee of the District. Consultant shall be responsible in full for payment of its employees, including insurance and deductions, and for payment to any subcontractors. No personnel employed by Consultant shall acquire any rights or status regarding the District. All of the services required hereunder shall be performed by Consultant or under its direction, and all personnel engaged therein shall be fully qualified under applicable state, federal and local law to undertake the work performed by them.

6. Changes in Scope of Services. The District may require changes or modifications in the scope of services to be performed under this Agreement. Any such changes or modifications shall be in writing and signed by the parties to this Agreement. The compensation for the changes or modifications, whether a decrease or increase, shall be on the same terms and conditions as set forth in Paragraph 2 above or in a manner otherwise mutually agreed to by the parties.

7. Insurance. Consultant shall maintain throughout the performance of this Agreement the following types and amounts of insurance.

a. Comprehensive vehicle liability insurance covering personal injury and property damage claims arising from the use of motor vehicles with combined single limits of Two Million Dollars ($2,000,000).

b. Commercial General Liability Insurance written on an occurrence basis with limits no less than Two Million Dollars ($2,000,000) combined single limit per occurrence and Two Million Dollars ($2,000,000) aggregate for personal injury, bodily injury and property damage. Coverage shall include, but not be limited to: blanket contractual; products/completed operations; broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and

c. Professional liability insurance (Errors and Omissions insurance) with limits no less than Two Million Dollars ($2,000,000).

CDM Smith Agreement for Consulting Services – PFOA Groundwater Investigation Page 2 48

The insurance policies shall: (1) state that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; (2) be primary to any insurance maintained by the District, except as respects losses attributable to the sole negligence of the District; and (3) shall state that the District will be given 30 days prior written notice of any cancellation, suspension or material change in coverage.

The District and its elected and appointed officers, employees, agents, and volunteers shall be named as an additional insured on the Commercial General Liability Insurance policy with regard to work and services performed by or on behalf of the Consultant and a copy of the endorsement naming the “District and its elected and appointed officers, employees, agents, and volunteers” as an additional insured shall be attached to the Certificate of Insurance.

Before commencing work and services, Consultant shall provide to the District a Certificate of Insurance evidencing the insurance described above and shall also complete and provide to the District the insurance forms attached hereto as Exhibit C. The District reserves the right to request and receive a certified copy of all required insurance policies.

The above insurance limits do not constitute a limit on Consultant's liability to the District. Any payment of deductible or self-insurance retention shall be the sole responsibility of Consultant.

Consultant shall be solely responsible for the safety of its employees and subcontractors at the Project work site, and shall comply with all applicable federal, state and local statutes, regulations and ordinances regarding safety.

8. Indemnification. Consultant shall defend, indemnify and hold harmless the District, its officers, employees and agents and volunteers from and against all claims, injuries, damages, liabilities, losses of suits, including attorneys' fees and costs, arising out of or relating to Consultant's performance under this Agreement, except for injuries or damages caused by the sole negligence of the District. For the purposes of this indemnification, Consultant specifically and expressly waives any immunity granted under the Washington Industrial Insurance Act, Title 51 RCW. This waiver has been mutually negotiated and agreed to by the parties. If a court of competent jurisdiction determines that this contract is subject to RCW 4.24.115, Consultant's obligation to defend, indemnify and hold harmless the District, its officers, employees, agents and volunteers shall be limited to the extent of Consultant's negligence. The provisions of this Section shall survive the expiration of termination of this Agreement.

9. Ownership of Documents. Consultant agrees to return to District upon termination of this Agreement all documents, drawings, photographs and other written or graphic material, however produced, received from District and used by Consultant in performance of its services hereunder. All documents, drawings, specifications, designs, mylars, surveys, survey data, reports and other work product (collectively referred to as CDM Smith Agreement for Consulting Services – PFOA Groundwater Investigation Page 3 49

"Work Product") produced by Consultant in connection with the services rendered under this Agreement shall be owned by District. District shall own all copyrights to such Work Product and Consultant agrees to assign all ownership rights to such Work Product to the District. Reuse of any such Work Product by the District for other than a specific project or modification in use by the District of any of the Work Product without the Consultant's prior written approval shall be at the District's sole risk.

10. Standard of Care. Consultant’s services shall be performed with the level of care, skill and competence of the consulting profession in accordance with the standard for professional services at the time the services are rendered.

11. Right of Entry. District shall provide for the right of entry of Consultant and its subcontractors and all necessary equipment in order to complete the services under this Agreement.

12. Compliance with Codes and Standards. Consultant's Professional Services shall be consistent with the standard of care and shall incorporate those publicly known federal, state and local laws, regulations, codes and standards that are applicable at the time Consultant renders its services.

13. Discovery of Hazardous Materials. The parties recognize that unanticipated hazardous materials or suspected hazardous materials may be discovered on District's property or on property included as part of the site of work but not owned by District. The discovery of unanticipated hazardous materials may delay the Consultant's provision of the services required herein. In that event, the parties may extend the Contract Completion Date by mutual agreement.

14. Termination. This Agreement may be terminated by either party upon seven days written notice for any reason. In the event of termination, Consultant shall be entitled to compensation for all services performed and costs incurred through and including the date of termination, except as to any disputed amounts.

CDM Smith Agreement for Consulting Services – PFOA Groundwater Investigation Page 4 50

15. General Provisions.

a. Notices. Any notice or demand desired or required to be given under this Agreement shall be in writing and deemed given when personally delivered, sent by facsimile machine, or deposited in the United States Mail (or with an express courier), postage prepaid, sent certified or registered mail, and addressed to the parties as set forth below or to such other address as either party shall have previously designated by such a notice:

Sammamish Plateau Water & Sewer District 1510 - 228th Avenue S.E. Sammamish, WA 98075 Attn: General Manager

CDM Smith 14432 SE Eastgate Way, Suite 100 Bellevue, WA 98007 Attn: Mike Hyland, Client Service Leader

b. Attorneys' Fees. In the event that any party commences litigation against the other party relating to the performance, enforcement or breach of this Agreement, the prevailing party in such action shall be entitled to all costs, including attorneys' fees and costs and any such fees or costs incurred on appeal.

c. Entire Agreement. This Agreement and its exhibit attachments contain the entire understanding between the District and Consultant relating to the consulting services which are the subject of this Agreement. This Agreement merges all prior discussions, negotiations, letters of understanding or other promises whether oral or in writing. Subsequent modification or amendment of this Agreement shall be in writing and signed by the parties to this Agreement.

d. Waiver. Waiver of any breach or default hereunder shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or of another provision of this Agreement.

e. Assignment. Neither party shall assign, transfer or otherwise dispose of this Agreement in whole or in part to any individual, firm or corporation without the prior written consent of the other party. Subject to the provisions of the preceding sentence, this Agreement shall be binding upon and enure to the benefit of the respective successors and assigns of the parties hereto. This Agreement is made only for the benefit of the District and Consultant and successors in interest and no third party or person shall have any rights hereunder whether by agency, as a third party beneficiary, or otherwise.

f. Jurisdiction/Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any suit to enforce or relating to this Agreement shall be brought in King County Superior Court, King County, Washington.

CDM Smith Agreement for Consulting Services – PFOA Groundwater Investigation Page 5 51

g. Severability. If any term, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall remain in effect.

h. Effective Date. The effective date of this Agreement shall be the date that the contract has been signed by authorized representatives of both parties hereto.

CDM SMITH SAMMAMISH PLATEAU WATER & SEWER DISTRICT ("CONSULTANT") ("DISTRICT")

By By Typed Name Mike Hyland Typed Name John C. Krauss Its Client Service Leader Its General Manager

Address: 14432 SE Eastgate Way Address: 1510 - 228th Avenue S.E. Suite 100 Sammamish, WA 98075 Bellevue, WA 98007 Phone: (425) 519-8300 Phone: (425) 392-6256 Mobile: (425) 746-0197 Fax: (425) 391-5389

Date: Date:

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PFOA Groundwater Investigation Exhibit A Project Amendment Scope Overview Under the current contract of the PFOA groundwater investigation project since inception in July 2016, CDM Smith has supported Sammamish Plateau Water (the District) to incorporate a comprehensive set of PFC, hydrologic and hydrogeologic data within the Valley Aquifer System. At the direction of the District, these data were evaluated and used by CDM Smith to construct and calibrate a numerical model of the valley aquifer system. The constructed model was subsequently used to develop 16 simulations of varied production well operation by the District, City of Issaquah (the City) and known industrial wells to evaluate risk to the District’s water supply wells located in the Issaquah Valley Aquifer and determine the optimum management scheme for well operation in the valley to minimize PFC entrainment. Results of the groundwater model simulations have identified data gaps and considerations for further investigation and long-term monitoring surveillance of the identified PFC plume. In addition to the work described above, CDM Smith’s technical and project management staff have participated in numerous meetings with the City of Issaquah, Eastside Fire and Rescue (EFR), their consultants and the District’s board to convey the information developed under the current work scope.

With the delivery of the draft and finalized technical memorandum that describes the model construction, calibration, scenario simulations and results, CDM Smith has reached its current scope obligations for the project and budget upper limit of $62, 277. We understand that additional meetings with the City and EFR’s consultant is being scheduled and that the District would like CDM Smith to attend this meeting and likely other meetings with the various intergovernmental parties. We also understand that additional model scenarios are being requested by the District Board members and there is a desire by the District to understand the cost of performing the ongoing water quality and water level monitoring of key wells for tracking the fate of the identified plume and updating of the groundwater model.

The following provides a scope of work tasks with budget proposed to be amended to the existing contract signed July 19, 2016. For continuity with the existing contract tasks, this amendment retains the existing tasks and adds new task numbers for work scope not previously identified in the original contract. A list of the existing tasks anticipated to continue under this amendment and the new tasks are as follows:  Task 1b – Data Analyses  Task 2b – Model Application  Task 3 (new task) – Meeting Attendance/Support  Task 4a (new task) - Groundwater Monitoring  Task 4b (new task) – Reporting  Task 5 (new task) – On-Call Hydrogeological Services These tasks and the budget breakdown to complete them are described in further detail below.

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Scope Tasks Task 1b – Data Analyses (Amended) Objective: The objective of this task is to collect and compile relevant hydrogeologic data to the groundwater model and update the groundwater model on an annual basis for improving the District’s understanding and surveillance of the PFC contaminant fate and transport. Approach: District collected data collected over the course of 2017 include water level, water quality, valley water supply and industrial well pumping and climate information. CDM Smith will compile this District collected data into the existing project dataset to be used to update the groundwater model on an annual basis. Timing and Prioritization of Performing Task: CDM Smith recommends this task be performed at the end of 2017/beginning of 2018 (December 2017/January 2018). This update will incorporate all updated pumping information and water level/water quality data collected by the District at City monitoring wells in 2017. Future updates to the groundwater model should be considered annually again at the end of 2018/beginning of 2019, but this effort is not budgeted, or scoped in this work plan.

Assumptions:  Task assumes model data update will occur once in early 2018, likely following the District’s collection of summer, fall and winter 2017 data.  Water level and water quality data from existing wells monitored by the District will be used in similar fashion to what is documented in the March 2017 technical memorandum that detailed the development and utilization of the groundwater model. The model will be extended in time, compared to the newly collected data and, if necessary, adjusted.  Water level and water quality data from wells monitored by the District will be used to assess and potentially update the conceptual model and the numerical model.  The updated model will then be used to reassess the recommendations made in the March 2017 technical memorandum.  This work will be documented in the annual groundwater monitoring and modeling report presented in Task 4b.  This scope assumes 90 hours required to complete this task. These hours assume that the conceptual model is unchanged and that no new/additional sources of PFCs are identified. Deliverables:  Updated Groundwater Model with updated hydrogeologic data  Information and Updated Model Outputs will be presented in an annual monitoring and modeling report under Task 4b.

Task 2b – Model Application (Amended) Objective: The objective of this task is to use the groundwater model to run simulations for understanding and answering questions related to the PFC contaminant fate and transport through the valley aquifer system. Approach: The constructed and calibrated model will be used to run predictive simulations/scenarios to answer critical questions that pertain to the District’s management of their water supply wells completed in

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the Valley Aquifer System and to manage the risk of entraining PFC contaminants found within the aquifer system. CDM Smith is aware of one simulation currently proposed and requested by the District Board. This includes:  A simulation that inserts an extraction well near the source of the identified PFC plume that determines removal efficiency of the plume at various flow rates to determine optimum pumping rates for treatment and cost analysis and ultimate fate and timing of the stranded plume  An additional, currently unspecified simulation, similar in effort to the identified run above, is included in this scope as placeholder for a simulation run identified by the District. An example additional simulation may include evaluating potential impacts to other existing wells in the valley (e.g. City Wells) from the transfer of Well 7 and 8 annual water rights to Well 9. This simulation may be needed if the Department of Ecology receives appeals to the transfer decision. Timing and Prioritization of Performing Task: The timing and prioritization of running these simulation tasks are based on District Board, and staff information needs to address questions that the model can help answer. One model simulation is provided based on interest in running this simulation as heard at attended board meetings. It is understood that the District board, or staff will choose to possibly run an additional simulation throughout the year based on needs for different information. Accordingly, the scope generally provides a level of effort and budget for running two simulations and presenting the simulation results in a brief memo. Assumptions:  This task assumes that data needed to run the simulation will be provided by the District.  A total of 2 simulations are assumed to be run under this amended task over the course of one year.  Effort for each simulation includes effort to prepare (compile data), run the groundwater model simulations and develop a brief 1 to 2 page technical memo with a graphic showing the model output results.  The project assumes 10 hours of effort for each simulation with data compilation, reporting and quality assurance reviews for a total of 20 hours. Deliverables:  A draft and final version of a one to two page technical memo with a graphic presenting results and findings of the simulation.

Task 3 – Meeting Support (Updated to remove weekly internal conference calls) Objectives: The objective of this task is to provide technical support at meetings the District staff plan to have with various intergovernmental partners and their contractors related to the PFC issue. The technical support provided by CDM Smith will be focused on providing information and answering questions related to the groundwater model Approach: The scope of this task includes external meetings only. We are aware of at least one meeting being set up with the City to discuss the groundwater model and the results of the additional water quality sample collected at City monitoring well MW-6. Additional external meetings may include, meetings with the District board, Sammamish City officials, industrial pumpers (Darigold, Lakeside), general counsel, EFR officials and/or consultants as well as State agencies (WADOE/DOH) to discuss investigation/evaluation efforts.

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Assumptions:  It is assumed that no weekly internal meetings with District staff, or other consultants will be conducted.  It is assumed up to 6 External meetings 2 hours in duration will be attended in-person by the hydrogeologist/project manager (Scott Coffey) and conference call by the groundwater modeler (Matt Gamache)  Round-trip travel time for the in-person attendee is assumed to be 1 hour for each meeting.  An additional 2 hours of meeting preparation and debrief are assumed for each in-person meeting.  The project assumes 54 hours of effort for the external meeting support. Deliverables: No deliverables are anticipated for this task, however general meeting notes will recorded and retained by CDM Smith staff in attendance and provided upon request.

Task 4a – Groundwater Monitoring Objectives: The objective of this task is to implement bi-annual groundwater monitoring at non-district wells by, collecting manual groundwater levels and water samples for PFC analysis at two select City owned/installed monitoring wells (MW-4 and MW-6). These two wells were selected for bi-annual monitoring for the following reasons: MW-4 – provides a monitoring point at the downgradient north eastern edge of the identified PFC plume. It is the best available well to provide early warning of PFC plume migration to the east that could potentially impact by increasing PFC concentrations recorded at District production wells 7 and 8. Approach: Bi-annual groundwater monitoring will be conducted at the two monitoring wells, described below, to provide data needed for evaluation of PFC concentration trends in the aquifer upgradient of the District’s water supply wells. Monitoring will be conducted bi-annually over two events occurring in July 2017 and January to capture seasonal low and high water level conditions. Each groundwater monitoring event will consist of:  Coordination with the District and the City to gain access to the two wells for collecting manual water level measurements and sampling.  Assisting the District with coordination of purge water disposal with a local disposal contractor (e.g. Emerald Services).  Procurement of groundwater sampling equipment and supplies.  Water Level Monitoring: For this scope water level monitoring will be manual and limited to City Monitoring Wells, MW04, and MW06. Note: The District will collect additional water level data at VT-2.1, VT-2.2, and VT-2.3 using District water staff who will move VT-7 sensors over to VT-2 series and commence monthly data logger downloading/maintenance.  Water Quality Sampling: Bi-annual low-flow groundwater sampling at monitoring wells MW04, and MW06. On-site training for District staff will be provided by CDM Smith over the two monitoring events. The training will consist of a CDM Smith sampler explaining the procedures while performing the sampling, providing information on equipment procured to conduct the sampling as well as providing detailed field notes that provide a general standard operating procedure (SOP) framework to follow for future sampling.

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 Submitting 4 water samples during each bi-annual sampling event (including a field blank and duplicate) for laboratory analysis of PFCs by EPA Method 531. Timing and Prioritization of Performing Task: Water quality sampling of the 2 wells identified above should begin no later than the end of July of 2017 to capture seasonal low water level conditions within the Issaquah Valley Aquifer System and be timed to occur when the District collects samples from their operating valley production well. Assumptions:  Work under this task will be completed by CDM Smith staff out of our Bellevue, WA office.  The City will be agreeable to the District sampling their two wells (MW04 and MW06) and will provide keys to the wells prior to each groundwater monitoring event.  Scope and budget assumes no equipment purchases for datalogger/sensors and the City and District monitoring wells are already equipped with this instrumentation, or equipment in other less critical monitoring wells can be moved to monitoring wells critical for this program.  Monitoring wells will be sampled using a peristaltic pump, following EPA low-flow sampling protocols and the District’s water supply wells will be sampled directly from the sampling port.  The District will contract directly with the Eurofins for the laboratory analysis and their Chemical Data Management Contractor to analyze the samples and validate the laboratory results. Laboratory charge to the District will cover return shipping of samples to the laboratory.  Groundwater purge fluids and decontamination water will be drummed and stored at one of the districts water supply well sites and the District will arranged for a waste disposal contractor (e.g. Emerald Services) to dispose of the water.

Deliverables:  Scanned copies of field notes, groundwater sampling forms, and sample chain of custodies.

Task 4b – Reporting Objectives: The objective of this task is to prepare one annual groundwater monitoring report, presenting the results of the July 2017 and January 2018 groundwater monitoring events and the groundwater model update. Approach: The groundwater monitoring will be reported in one annual reports. The report will present results of the July 2017 and January 2018 groundwater monitoring events. The report will include a brief summary of the site background, completed field activities, water level monitoring results, laboratory analytical results, data validation summary, discuss hydraulic gradients and PFC concentrations in the aquifer based on the modeling update, and recommendation for future monitoring. The report will include:  Well location map  Potentiometric surface maps based on the model update using the groundwater elevation measurements made during each bi-annual monitoring event in addition to District water level monitoring data  An updated modeled plume map with tabulated PFOS and PFAS concentrations over time for wells sampled, including any City and District production well samples.  Summary tables with PFC concentrations

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 Copies of field groundwater sampling forms  Copies of analytical laboratory reports and data validation reports. Assumptions:  Work under this task will be completed by CDM Smith staff out of our Bellevue, WA office.  All chemical data management and third party validation will be performed by the District, or their Chemical Data Management Contractor (Corona Environmental, Inc.)  The two semi-annual groundwater monitoring reports will be submitted as draft to the District for comments. CDM Smith will address all comments from the District and produce final documents.  Deliverables will be submitted in electronic form and transmitted via email.  A meeting with District staff is included under Task 3 for the project manager and groundwater modeler to meet with the District at their office after the completion of the annual report. Deliverables:  Draft and final annual groundwater monitoring report

Task 5 – On-Call Hydrogeological Services Objectives: Per District direction, this task will provide on-call hydrogeological services based on a time and materials basis that will use the hours and budget saved from the elimination of the Work Plan tasks (formerly Task 4a) and a portion of the savings from the monitoring work plan (now Task 4a, formerly Task 4b). Approach: Miscellaneous tasks will be defined by District management staff and work will not proceed without approval by District management of the level of effort estimated and provided by the CDM Smith Senior Hydrogeologist/Project Manager. Effort is not limited to, but could include any of the following:  Review and comment on local party/interest group provided information, such as the recent June 2017 submittal by EFR.  Assistance with water rights information to facilitate water right transfers between District valley wells for managing the reduction of PFC risk to District water supply wells.  Review and recommendations for District grab sample locations for PFC evaluation/assessment, such as those proposed for Lake Sammamish surface water sampling  Review and assessment of local and state government documents on PFC regulations, such as the PFC guidance document anticipated to be released by the State at the end of 2017/beginning of 2018. Assumptions:  Work under this task will be completed on a time and materials basis.  Tasks will be identified and directed by District management staff, namely the operations manager, or general manager.  No work will begin without documented level of effort presented by the CDM Smith hydrogeologist and approval (via email) by the District management staff.  Deliverables will be submitted in electronic form and transmitted via email.  A total of 100 hours and a budget of $19,100 hours has been assumed for this task. Deliverables:  Draft and final fall 2017 semi-annual groundwater monitoring report

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PFC Recommendations Consultants’ and Staff Roles District Staff:  Monitor COI-4 and Darigold pumping for groundwater modeling  Coordinate operational water supply pumping with COI  Begin maximizing use of Well 9 to reduce reliance on Wells 7 and 8, resulting in 8% reduction  Seek DOE approval for year round use based upon 50% pumping reduction from Wells 7 and 8.  Continue to regularly monitor PFC concentrations in District Wells 7, 8, and 9 (Corona) o Monthly for wells in productions o Upon start of wells being placed in service  Maintain monthly calculation/formula of PFC concentrations post blending. Establish formula calculations back to initiation of 2016 testing by 7/1/17.  Establish a post treatment/blending sampling plan with sampling locations by 6/30/17 and implement in July  Conduct quarterly water quality sampling at COI MW 6  In coordination with CDM Smith draw water samples from creek and stormwater outfalls entering Lake Sammamish

Corona:  Continue to provide post testing technical memos documenting and trending sample results.  Provide guidance and insight regarding groundwater modeling, production practices, and sampling based upon test results. CDM Smith:  Monitor Sample results and provide guidance regarding additional sampling recommendations and/or groundwater model update, and/or recommended changes in production practices.  Provide technical support for water quality sampling including ongoing sampling at district wells, sampling at COI MW 4, and water samples from creek and stormwater outfalls entering Lake Sammamish.  Advise the district on the appropriate timing to update groundwater model late 2017/early 2018. Update the model and provide any additional technical recommendations regarding groundwater monitoring, production practices, or environmental testing. Update the model earlier as needed if data indicates a need to do so.  Provide a cost estimate and proposed scope of work for evaluating Installation of an extraction/treatment well near the plume source to evaluate efficiency removal of the plume, determine optimum pumping rates for treatment, fate of stranded plume. Update the groundwater model as needed to calibrate with the extraction/treatment well alternative.

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PFOA Groundwater Investigation Exhibit B Compensation

Task 1b – Data Analyses (Amended) $15,070 Task 2b – Model Application (Amended) $3,456 Task 3 – Meeting Support (Updated) $9,909 Task 4a – Groundwater Monitoring - 2 events Jul 2017/Jan 2018 $14,500 Task 4b – Reporting – 1 annual report $11,108 Task 5 – On-Call Hydrogeologic Services related to PFCs $19,100 Total Cost $73,143

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Exhibit C Insurance

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Active Agenda Item C

Legislative Agenda 62

Public Hearing

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SAMMAMISH PLATEAU WATER AND SEWER DISTRICT AGENDA

ADOPTION OF REVISED

WATER AND SEWER GENERAL FACILITY CHARGES

AND

STANDARD WATER LOCAL FACILITY CHARGES

July 10, 2017 AT 5:30 P.M.

I. Call Public Hearing to order (President Moran)

A. Announce purpose of Public Hearing. B. Circulate public comment sign up sheet.

II. Attorney’s Presentation (John Milne)

III. Staff Presentation (Kyle Wong)

A. Water and Sewer General Facility Charges B. Standard Water Local Facility Charges

IV. Public Comments

V. Close Public Comments Portion of Meeting

VI. Board of Commissioners Deliberation

A. Take the proposed adoption of the General Facility Charges and Local Facility Charges under advisement. OR B. Propose changes to the General Facility Charges and Local Facility Charges and ask District staff to submit the resulting revised charges for the Board’s review and adoption at a future regular Board meeting. OR C. Adopt the resolutions approving the proposed General Facility Charges and Local Facility Charges.

VII. Close Public Hearing 64

SAMMAMISH PLATEAU WATER AND SEWER DISTRICT PUBLIC HEARING NOTICE July 10, 2017 District Office 1510 228th Avenue SE Sammamish, WA 98075

Notice is hereby given by the Board of Commissioners of Sammamish Plateau Water and Sewer District that a Public Hearing will be held on Monday, July 10, 2017 at 5:30 P.M., at the District office, 1510 228th Avenue SE, Sammamish, Washington, 98075. The purpose of the Public Hearing is to receive public comment on, and discuss proposed revisions to, the District’s Water and Sewer General Facility Charges and Local Facility Charges in the area served by Sammamish Plateau Water and Sewer District.

Mary Shustov Secretary, Board of Commissioners

Published in the Seattle Times on June 30, 2017.

Published in the Seattle Times on July 7, 2017.

65

Presentation

66

July 10, 2017 GFC and LFC Proposed Increases Engineering Presentation

Background Each property that connects to the District’s water and sewer systems or that is being developed within the District’s service area pays General Facility Charges (GFCs) and Local Facility Charges (LFCs) prior to receiving service from the District.

GFCs are used by the District to construct capital improvement projects that serve large portions of the District, such as wells, storage reservoirs, pump stations, and large diameter pipelines.

LFCs are used to pay for the water or sewer main that provides or will provide direct service to the property.

Excise Tax is collected on both GFCs and LFCs, and the current excise tax rate is 1.5%

District staff is proposing the adoption of revised GFCs and revised Standard LFCs due to increasing costs of water and sewer construction projects due to inflation and increases in labor and materials costs.

General Facility Charge The methodology use to develop the GFC is the “average-cost” method, which, in general, combines the costs of both the existing system assets and future project costs and divides that by the combined existing and future customers. The future facilities included in the GFC analysis are identified through the Capital Improvement Programs (CIP) developed as part of the Water and Sewer Comprehensive Plans, which staff is currently working on the 2018 Water Comprehensive Plan. The GFC can consider future facilities projected to be constructed in the next 10 years.

An analysis of the GFCs by FCS Group was completed in September 2014. In the intervening years between specific GFC studies, changes to the GFCs may be determined based on the past year’s percentage change in the average annual 20-city average of the Engineering News Record Construction Cost Index (ENR-CCI). The proposed changes are based on the average of the change in the average 20-city-average of the ENR-CCI of 3.54% between the last update in June 2016 and June 2017

The existing and proposed GFCs, based on a 3/4” water meter (1 Equivalent Residential Unit or ERU) are listed below: Properties with larger meters would pay proportionally higher GFC based on the number of Equivalent Residential Units associated with each size meter.

Percent Charge 2016 Rate Proposed 2017 Rate Increase Water GFC/ERU $4,988.00 $5,165.00 3.54% Plus excise tax at 1.5% $74.82 $77.48 Sewer GFC/ERU $3,870.00 $4,007.00 3.54% Plus excise tax at 1.5% $58.05 $60.11

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Standard Local Facility Charges The Standard LFCs are determined based on the average of the actual costs of water and sewer mains that are designed and constructed by the District as Capital Improvement Projects. These actual costs are evaluated every 5-6 years. The Standard LFCs are applied throughout the District unless a special local facility charge for a specific area has been adopted.

In October 2014, Gray & Osborne performed a water and sewer replacement cost study as part of the District’s Asset Management Plan.

As with the GFCs, in the intervening years between updates based on CIP project costs or replacement cost studies, any changes in the LFCs may be determined based on the past year’s percentage change in the average annual 20-city-average of the ENR-CCI. The ENR-CCI from June 2016 and June 2017 is 3.54%

The proposed change to the standard water LFCs is 3.54%. There are no proposed changes to the standard sewer LFCs. The existing and proposed standard LFCs, based a per lineal foot charge are listed below:

Percent Charge 2016 Rate Proposed 2017 Rate Increase Water LFC – per lineal foot $344.00 $172.00 $356.00 $178.00 3.54% Plus excise tax per lineal foot $5.16 $2.58 $5.34 $2.67 Sewer LFC – per lineal foot $456.00 $228.00 $456.00 $228.00 0 % Plus excise tax per lineal foot $6.84 $3.42 $6.84 $3.42

Situations Under Which Standard GFCs and LFCs are Imposed Standard GFCs are paid to the District upon application for service or as part of development of a property.

Standard LFCs are paid to the District upon application for service or as part of development of a property. Other District fees and charges may be applicable.

Reimbursement agreements (for Developer Extension Agreements) and ULID assessments are covered under RCW 57.22 and RCW 57.16, respectively, and would not be affected by the policies addressing standard Local Facility Charges. Similarly, a process is currently in place for the Neighborhood Sewer Program and would not be affected by the policies addressing Local Facility Charges. In addition, the Board may adopt a Special LFC for certain projects where the Board felt that would be appropriate.

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SAMMAMISH PLATEAU WATER & SEWER DISTRICT KING COUNTY, WASHINGTON

RESOLUTION NO.

RESOLUTION OF THE BOARD OF COMMISSIONERS OF SAMMAMISH PLATEAU WATER AND SEWER DISTRICT, KING COUNTY, WASHINGTON, ADOPTING REVISED WATER GENERAL FACILITY CONNECTION CHARGES AND REPEALING RESOLUTION NO. 4603.

WHEREAS, RCW 57.08.005(11) authorizes the Sammamish Plateau Water and Sewer District (“District”) to charge property owners seeking connection to the District’s water and sewer systems, as a condition to granting the right to so connect, in addition to the cost of the connection, such reasonable connection charges as the District Board of Commissioners shall determine to be proper in order that those property owners shall bear their equitable share of the cost of the systems; and

WHEREAS, the District reserves the right, pursuant to Paragraph 5.(A)(2) of the Application and Agreement to Construct Extension(s) to Water and/or Sewer Systems(s) of the District’s Developer Extension Agreement, to revise the District’s water and sewer general facility connection charges and that parties with pending Developer Extension Agreements are required to pay such revised water and sewer general facility connection charges; and

WHEREAS, on July 18, 2016, the District Board of Commissioners adopted Water General Facility Connection Charges by Resolution No. 4603 applicable to all parties seeking to connect their property to the District’s water system; and

WHEREAS, District staff by written report dated July 10, 2017, recommended that the District’s water general facility connection charges be revised for all customer classifications so that those property owners seeking connection to the District’s water system shall bear their equitable share of the cost of that system; and

WHEREAS, the District Board of Commissioners having considered such staff recommendations related to the proposed revision to the District’s water general facility connection charges and having held a public hearing on July 10, 2017, for public comment on such proposed revisions pursuant to public notice regarding such hearing published in the Seattle Times on June 30 and July 7, 2017, and the District Board of Commissioners having considered such recommendations and public comments; and

WHEREAS, pursuant to Chapter 82.16 RCW, the District is required to pay a public utility excise tax (“Excise Tax”) to the State of Washington on gross water and sewer revenues, including the collection and receipt of the water general facility connection charges by the District, and the District desires to include collection of the Excise Tax with payment of the water general facility connection charges which shall be in addition to the water general facility connection charges adopted by this resolution; and

WHEREAS, the District Board of Commissioners now desires to adopt revised uniform water general facility connection charges connection charges; now, therefore,

Resolution No. ______Page 1

69

BE IT RESOLVED, by the Board of Commissioners of Sammamish Plateau Water & Sewer District, King County, Washington, as follows:

1. The following uniform water general facility connection charges are hereby adopted and shall be assessed against owners of such real property seeking connection to or increased water service (such as a new service or change in service) from the District’s water system as follows:

A. All Development Except Single Family Residential with Fire Sprinklers. The water general facility connection charges for all development, except single family residential with fire sprinklers, shall be determined by water meter size as follows:

Meter Previous General Facility New General Facility Size Connection Charge Connection Charge 3/4" $ 4,988.00 $ 5,165.00 1" $ 12,470.00 $ 12,912.00 1 1/2" $ 24,940.00 $ 25,823.00 2" $ 39,904.00 $ 41,316.00 3" $ 79,808.00 $ 82,632.00 4" $ 124,700.00 $ 129,113.00 6" $ 249,400.00 $ 258,225.00 8" $ 399,040.00 $ 413,160.00 10" $ 573,620.00 $ 593,917.00

B. Single Family Residential with Fire Sprinklers: In determining the base water general facility connection charge for a single family residential connection with fire sprinklers, the general facility connection charge owing shall be based on the meter size which would be required without fire sprinklers. The four factors listed below shall be reviewed to determine the water meter size required without fire sprinklers.

(i) The UPC meter size requirements based on fixture count relating to the size of the structure being service;

(ii) District standards in effect at the time of the application for water meter;

(iii) Use of in-ground irrigation; and

(iv) Private service lines in excess of 200 feet in length where the pressure is less than 55 PSI.

The District shall assess the water general facility connection charge for the meter size required without fire sprinklers although the owner of the real property to receive water service may

Resolution No. ______Page 2

70

be required by the District to have a larger water meter due to the presence of fire sprinklers in the residential unit.

2. The water general facility connection charges referenced herein shall be reviewed periodically and may be adjusted as necessary to include the actual cost to construct facilities planned for construction within the next ten years as contained in the District’s adopted Water Comprehensive Plan.

3. The provisions of this resolution shall be effective the 11th day of July, 2017. 4. All prior and existing District resolutions, policies, and procedures including Resolution No. 4603 relating to the District’s existing water general facility connection charges are hereby revised, modified, and superseded to be in accordance with the charges set forth herein.

ADOPTED by the Board of Commissioners of Sammamish Plateau Water and Sewer District, King County, Washington, at a regular open public meeting held on the 10th day of July 2017.

Individual Commissioner’s Vote on this Resolution: Approved: Opposed: Karen Moran, President and Commissioner Abstained: Absent: Approved: Opposed: Mahbubul Islam,Vice President and Commissioner Abstained: Absent: Approved: Opposed: Mary Shustov, Secretary and Commissioner Abstained: Absent: Approved: Opposed: Tom Harman, Commissioner Abstained: Absent: Approved: Opposed: Lloyd Warren, Commissioner Abstained: Absent:

Resolution No. ______Page 3

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SAMMAMISH PLATEAU WATER & SEWER DISTRICT KING COUNTY, WASHINGTON

RESOLUTION NO.

RESOLUTION OF THE BOARD OF COMMISSIONERS OF SAMMAMISH PLATEAU WATER AND SEWER DISTRICT, KING COUNTY, WASHINGTON, ADOPTING REVISED SEWER GENERAL FACILITY CONNECTION CHARGES AND REPEALING RESOLUTION NO. 4604.

WHEREAS, RCW 57.08.005(11) authorizes the Sammamish Plateau Water and Sewer District (“District”) to charge property owners seeking connection to the District’s water and sewer systems, as a condition to granting the right to so connect, in addition to the cost of the connection, such reasonable connection charges as the District Board of Commissioners shall determine to be proper in order that those property owners shall bear their equitable share of the cost of the systems; and

WHEREAS, the District reserves the right, pursuant to Paragraph 5.(A)(2) of the Application and Agreement to Construct Extension(s) to Water and/or Sewer Systems(s) of the District’s Developer Extension Agreement, to revise the District’s water and sewer general facility connection charges and that parties with pending Developer Extension Agreements are required to pay such revised water and sewer general facility connection charges; and

WHEREAS, on July 18, 2016, the District Board of Commissioners adopted revised Sewer General Facility Connection Charges by Resolution No. 4604 applicable to all parties seeking to connect their property to the District’s water system; and

WHEREAS, District staff by written report dated July 10, 2017, recommended that the District’s sewer general facility connection charges be revised for all customer classifications so that those property owners seeking connection to the District’s sewer system shall bear their equitable share of the cost of that system; and

WHEREAS, the District Board of Commissioners having considered such staff recommendations related to the proposed revision to the District’s sewer general facility connection charges and having held a public hearing on July 10, 2017, for public comment on such proposed revisions pursuant to public notice regarding such hearing published in the Seattle Times on June 30 and July 7, 2017, and the District Board of Commissioners having considered such recommendations and public comments; and

WHEREAS, pursuant to Chapter 82.16 RCW, the District is required to pay a public utility excise tax (“Excise Tax”) to the State of Washington on gross water and sewer revenues, including the collection and receipt of the sewer general facility connection charges by the District, and the District desires to include collection of the Excise Tax with payment of the sewer general facility connection charges which shall be in addition to the sewer general facility connection charges adopted by this resolution; and

WHEREAS, the District Board of Commissioners now desires to adopt revised uniform sewer general facility connection charges connection charges; now, therefore,

Resolution No. ______Page 1

72

BE IT RESOLVED, by the Board of Commissioners of Sammamish Plateau Water & Sewer District, King County, Washington, as follows:

1. The following uniform sewer general facility connection charges are hereby adopted and shall be assessed against owners of such real property seeking connection to or increased sewer service (such as a new service or change in service) from the District’s sewer system as follows:

A. All Development Except Single Family Residential with Fire Sprinklers. The sewer general facility connection charges for all development, except single family residential with fire sprinklers, shall be determined by water meter size as follows:

Meter Previous General Facility New General Facility Size Connection Charge Connection Charge 3/4" $ 3,870.00 $ 4,007.00 1" $ 9,675.00 $ 10,018.00 1 1/2" $ 19,350.00 $ 20,035.00 2" $ 30,960.00 $ 32,056.00 3" $ 61,920.00 $ 64,111.00 4" $ 96,750.00 $ 100,174.00 6" $ 193,500.00 $ 200,347.00 8" $ 309,600.00 $ 320,555.00 10" $ 445,050.00 $ 460,798.00

B. Single Family Residential with Fire Sprinklers: In determining the base sewer general facility connection charge for a single family residential connection with fire sprinklers, the general facility connection charge owing shall be based on the meter size which would be required without fire sprinklers. The four factors listed below shall be reviewed to determine the water meter size required without fire sprinklers. (i) The UPC meter size requirements based on fixture count relating to the size of the structure being service; (ii) District standards in effect at the time of the application for water meter; (iii) Use of in-ground irrigation; and (iv) Private service lines in excess of 200 feet in length where the pressure is less than 55 PSI.

The District shall assess the sewer general facility connection charge for the meter size required without fire sprinklers although the owner of the real property to receive sewer service may be required by the District to have a larger water meter due to the presence of fire sprinklers in the residential unit.

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2. The sewer general facility connection charges referenced herein shall be reviewed periodically and may be adjusted as necessary to include the actual cost to construct facilities planned for construction within the next ten years as contained in the District’s adopted Wastewater Comprehensive Plan.

3. The provisions of this resolution shall be effective the 11th day of July, 2017.

4. All prior and existing District resolutions, policies, and procedures including Resolution No. 4604, relating to the District’s existing sewer general facility connection charges are hereby revised, modified, and superseded to be in accordance with the charges set forth herein.

ADOPTED by the Board of Commissioners of Sammamish Plateau Water and Sewer District, King County, Washington, at a regular open public meeting held on the 10th day of July 2017.

Individual Commissioner’s Vote on this Resolution: Approved: Opposed: Karen Moran, President and Commissioner Abstained: Absent: Approved: Opposed: Mahbubul Islam,Vice President and Commissioner Abstained: Absent: Approved: Opposed: Mary Shustov, Secretary and Commissioner Abstained: Absent: Approved: Opposed: Tom Harman, Commissioner Abstained: Absent: Approved: Opposed: Lloyd Warren, Commissioner Abstained: Absent:

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SAMMAMISH PLATEAU WATER & SEWER DISTRICT KING COUNTY, WASHINGTON

RESOLUTION NO.

RESOLUTION OF THE BOARD OF COMMISSIONERS OF SAMMAMISH PLATEAU WATER AND SEWER DISTRICT, KING COUNTY, WASHINGTON, ADOPTING A STANDARD WATER LOCAL FACILITY CHARGE OF $356.00 PER LINEAL FOOT EFFECTIVE JULY 11, 2017 AND REPEALING RESOLUTION NO. 4605.

WHEREAS, RCW 57.08.005(11) authorizes the Sammamish Plateau Water and Sewer District (“District”) to charge property owners seeking connection to the District’s water and sewer systems, as a condition to granting the right to so connect, in addition to the cost of the connection, such reasonable connection charges as the District Board of Commissioners shall determine to be proper in order that those property owners shall bear their equitable share of the cost of the systems; and WHEREAS, it has been and now is the practice of the District to charge a Standard Water Local Facility Charge (previously known as a “Connection Charge-in-Lieu of Assessment” and a “Regular Water Local Facility Connection Charge”) and collect the same from the owners of properties seeking to connect to District water facilities for which the property owner or their predecessor has not paid their equitable share of the cost by assessment in a utility local improvement district, developer extension or otherwise; and WHEREAS, the District previously adopted Resolution No. 4605 establishing a uniform District-wide standard water local facility connection charge (“Water Local Facility Charge” or “Local Facility Charge”) of $334.00 per frontal foot within the District’s service area for public works projects that are not constructed as utility local improvement district projects, developer extensions, or neighborhood water projects; WHEREAS, Resolution No. 3203 provided that the District shall update the Standard Water Local Facility Charge effective July 1 of each year to reflect the current average cost of water public works projects; and WHEREAS, District staff recommends that the Water Local Facility Charge should be due and payable at the time a property owner makes application to the District for water service and to connect their property to the District’s water system; and WHEREAS, there are areas of the District that do not have properties on both sides of the installed water facilities which will or may connect to such facilities, making it necessary to recover the costs of the facilities from only one property; and WHEREAS, the District desires to apply the Water Local Facility Charge in a manner consistent with neighborhood conditions; and WHEREAS, the District Board of Commissioners, pursuant to a public notice published in the Seattle Times on June 20 and July 7, 2017, held a Public Hearing on July 10, 2017 on the proposed revision and adoption of water local facility charges; and having received and considered at the hearing staff reports and recommendations regarding the adoption of such charges and also having received and considered any public comments thereon; and

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WHEREAS, pursuant to Chapter 82.16 RCW, the District is required to pay a public utility excise tax (“Excise Tax”) to the State of Washington on gross water and sewer revenues, including the collection and receipt of water local facility connection charges by the District, and the District desires to include collection of the Excise Tax with payment of the water local facility connection charges which shall be in addition to the water local facility connection charges adopted by this resolution; and WHEREAS, the District Board of Commissioners now desires to restate, update and revise such uniform water local facility connection charges previously adopted by Resolution No. 4605; now, therefore,

BE IT RESOLVED, by the Board of Commissioners of Sammamish Plateau Water & Sewer District, King County, Washington, as follows:

1. A Standard Water Local Facility Charge is hereby approved and established of $356.00 per lineal foot which is the average cost of current Utility Local Improvement District and Public Works projects for eight inch watermains and other appurtenances; provided, this charge may be reduced to $178.00 per lineal foot if the District determines that there are properties on each side of the water main that may connect to the water main.

2. The District shall collect such charge from the property owner at the time a property owner makes application to connect a property to the District’s water system.

3. If the application and assessment of the front footage charge results in an assessment which in the opinion of the District General Manager is inequitable, the Standard Water Local Facility Charge may be assessed at $46,992.00 per acre, for that portion of the property which is or would be within 330 feet of the water main. This charge may be reduced to $23,496.00 per acre if the District determines that there are properties on each side of the water main that may connect to the water main.

4. To insure fairness when assessing the Local Facility Charge the District General Manager may elect to use the procedure outlined in Exhibit A attached hereto.

5. The District shall update the Standard Water Local Facility Charge in July of each year either by the percentage of increase in the average annual 20-city-average of the Engineering News Record Construction Cost Index or by the average cost of recent District water projects, as determined by the District, to reflect the current average cost of water public works projects.

6. The provisions of this resolution shall be effective the 11th day of July, 2017.

7. All District resolutions, policies and procedures, including Resolution No. 4605 are hereby rescinded, modified and/or superseded to be in accordance with the policies set forth in this resolution.

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ADOPTED by the Board of Commissioners of Sammamish Plateau Water and Sewer District, King County, Washington, at a regular open public meeting held on the 10th day of July 2017.

Individual Commissioner’s Vote on this Resolution: Approved: Opposed: Karen Moran, President and Commissioner Abstained: Absent: Approved: Opposed: Mahbubul Islam,Vice President and Commissioner Abstained: Absent: Approved: Opposed: Mary Shustov, Secretary and Commissioner Abstained: Absent: Approved: Opposed: Tom Harman, Commissioner Abstained: Absent: Approved: Opposed: Lloyd Warren, Commissioner Abstained: Absent:

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