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I DATE Sept. 20, 1984
INTRODUCED BY: Consent
PROPOSED BY: Public Works De
RESOLUTION NO. 84 -31
A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE
TO ENTER INTO A CONTRACT FOR CONSULTING SERVICES
WITH URS ENGINEERS FOR PHASE I COMPREHENSIVE
DRAINAGE STUDY FOR THE PURPOSE OF PROVIDING
A COUNTY -WIDE COMPREHENSIVE DRAINAGE STUDY
WHEREAS, the Whatcom County Council has determined that a
County -wide drainage study is necessary for the safety and welfare
of all the citizens of Whatcom County; and
WHEREAS, it is determined by the Whatcom County Council that it
is necessary to enter into an agreement with consulting engineers
at this time to provide Phase I of the Comprehensive Drainage Study
to include an overview of the physical and non - physical drainage
system, develop County -wide maps, conduct public information
program, and prepare an interim report which will identify the
problems for which Whatcom County can provide a short range solutic
and implement same,;within the next 12 to 18 months with the County'
h ,
existing financial resources including grants and other minor new
sources of funding and provide a solution to the problems identi-
fied that may be implemented during 1985; and
WHEREAS, it is determined that URS Engineers has the expertise
and experience for the purpose of providing a County -wide compre-
hensive drainage study; and
WHEREAS, the consultants hereby agree to perform those services
specifically set forth within the agreement by and between Whatcom
County and the consultant;
NOW, THEREFORE, BE IT RESOLVED that the County Executive is
hereby authorized to enter into an agreement by and between
Whatcom County and URS Engineers to perform the services as
stipulated within the agreement for consulting services and
Exhibit A entitled Whatcom County Drainage Study Scope of Work,
RESOLUTION -1.
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Phase I.
The agreement for consulting services between the County and URS
Engineers shall stipulate reimbursement to the consultant for
services rendered in a sum not to exceed $90,000.00 and said sum
includes costs incidental to and necessary for completion of the
Phase I effort of the comprehensive drainage study as estimated in
Exhibit A of the agreement. Provided, that if the County performs
mapping assignments in Task 3 of Exhibit A the amount of compen-
sation as stated in Exhibit A and this section shall be reduced
from $90,000.00 to $78,000.00. The sum shall be paid in monthly
installments as costs are incurred and billed by the consulting
firm.
PASSED this 4th day of October 1984.
WHATCOM COUNTY COUNCIL
WHA/TC-qM COUNTY, W4SHTtl
Chairperson
ATTEST:
Carol Ebergson
Clerk of the Council
APPROVED AS TO FORM:
Randall J. Watts
Civil Deputy Prosecuting Attorney
RESOLUTION - 2.
EXHIBIT "A" OF RESOLUTION NO. 84 -31
AGRE.FM1:NT FOR CONSULTING_ SERVICES
f3ETWE(=N WHA`fCOM �bUN1`YlAND UkS�FNf ifVEf.R I NG
FOR PHASE I COMPREHENSIVE DRAINAGE STUDYy
THIS AGREEMENT is made and entered into by and between URS Engineers
a corporation, hereinafter referred to as the "Consultant ", and WHATCOM COUNTY,
hereinafter referred to as the "County ", for the purpose of providing a
County -wide Comprehensive Drainage Study.
W I T N E S S E T H
The County and the Consultant agree as follows:
Section I. RELATIONSHIP Of THE PARTIES
The parties intend that an independent Contractor - County relationship
will be created by this agreement. No agent, employee, servant or represen-
tative of the Consultant shall be deemed to be an agent, employee, servant, or
representative of Whatcom County for any purpose. Employees of the Consultant
are not entitled to any of the benefits that Whatcom County provides for its
employees. The Consultant will be solely and entirely responsible for its acts
and for the acts of his agents, employees, servants. and subcontractors during
the performance of this agreement.
In the performance of the services herein contemplated, the Consultant
is an independent contractor with the authority to control and direct the per-
formance of the details of the work. However, the results of the work con -
templated herein must meet the approval of the County and shall be subject to
the County's general rights of inspection and review to secure the satisfactory
completion thereof.
The parties to this agreement, to the extent permitted by law, each
hind themselves, their partners, successors, executors, administrators, and
assigns to the other party to this agreement and to the partners, successors,
executors, administrators and assigns of such other party in respect to all
covenants to this agreement.
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SEC H ON [I. SCOPE OF SERVICES
The comprehensive drainage study shall consist of Phase I and Phase 11
work. This agreement shall cover Phase I only and a future agreement will be
executed for Phase 11, with the approval of the County Executive.
The Consultant hereby agrees to perform those services specifically set
forth in Exhibit "A ", which is attached hereto and incorporated herein by
reference.
SECTION III. PAYMENT
Payment to the Consultant for services set forth in Exhibit "A," Phase
I, shall be on a time and expense basis. time shall be charged on the basis of
the Consultant's salary costs multiplied by a factor of 2.10, plus out -of- pocket
expenses of the Consultant incurred in the direct interest of the project at
actual invoice charge times a factor of 1.10. Salary cost is defined as the
cost of salaries of the Consultant's employees, for time directly chargeable to
the project which includes all sick leave, vacation, holiday and incentive pay;
payroll taxes; contributions for social security, unemployment compensation
insurance, retirement, medical and insurance benefits of the Consultant's.
employees, expressed as a percentage of said salaries chargeable to the
project. Salaries or imputed salaries of principals to the extent that they
perform technical. or advisory services directly applicable to the project, are
to be added to salary costs. Out -of- pocket expenses are defined as all costs,
other than payroll costs, which are directly attributable to the work. They
shall include items such as travel and related expenses, directly applicable
technical expenses, special consultants, telephone, electronic computer and
power typing equipment charges, blueprinting, postage, and such other items of
expense :incurred in the direct interest of the project.
All payments under this contract are considered reimbursement for ser-
vices rendered. Each request for payment shall be submitted in the usual form
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of a claim, which claim shall. be suppurted by detailed documentation of the ser-
vices actually performed so as to comply with municipal auditing requirements.
It is agreed that the Consultant shall be paid for its services by monthly
vouchers submitted to the Auditor of the County, who is the auditing officer of
the County, and who will issue payment of the claims.
The budget to complete the Scope of Work for Phase I only, as described
in Section I1 of this agreement, 'is estimated at Ninety Thousand Dollars
($90,000). The Consultant will not exceed.the figure of Ninety Thousand
($90,000) without the County's written authorization. This figure includes
costs incidental to and necessary for completion of the Phase I effort of the
Comprehensive Drainage Study, as estimated in Exhibit "A." Provided, that if
the County performs the mapping assignments in Task 3, then the amount of com-
pensation as stated in Exhibit "A" and this section shall be reduced from Ninety
Thousand ($90,000) to Seventy -Eight Thousand ($78,000).
Payment shall be made monthly upon receipt and approval of the
Consultant's invoice.
SECTION IV. GENERAL PROVISIONS
1. Expiration and Extension
This agreement shall expire upon completion of the project to the
satisfaction of.the County. However, it is expected that all services under
this ageeement.shall be completed in accordance with the following schedule
beginning with notice to proceed from Whatcom County to the Consultant:
Complete Draft Report of Phase I - six months
Review by County - one month
Report Finalization and Delivery to County - one month
Total Time From Nutice- to- Proceed - eight months
The time schedule for performance of services outlined in Exhibit
"A" Phase 1 only is based upon the Consultant's anticipation of the orderly and
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continuous progress of the project. The schedule, as shown above, sets fortis
eight months as a period of time which may be reasonably required to perform
those services once written notice to proceed is received. In the event that
the project is delayed due to circumstances beyond the control of the Consul-
tant, the Consultant shall notify the County of the delay anticipated. The Con-
sultant shall then prepare a revised estimate of the time and compensation
needed to complete the project and submit same in writing to the County for
approval. However, any extension of this agreement shall be by mutual written
consent of the parties.
2. licensing In Compliance With laws and Regulations
The Consultant agrees to comply with all applicable federal,
state, county or municipal standards for licensing, certification in operation
of facilities and programs, and accreditation and licensing of individuals.
3.. Assignment and /or Subcontracting
The Consultant shall not assign or subcontract any portion of the
services provided within the terms of this agreement without obtaining the prior
written approval of the County. All terms and conditions of this agreement shall
apply to any approved subcontract or assignment related to this agreement.
4. Modification
No change or addition to this agreement shall be valid or binding
upun.either party unless such change or addition be in writing, executed by both.
parties..
5. Nun- waiver of Breach
The failure of the County to insist upon strict performance of any
of the covenants and agreements of this agreement or to exercise any option
herein conferred 'in any one or more instances shall not be construed to be a
waiver or relinquishment of any such, or any other covenants or agreements, but
the same shall be and remain in full force and effect.
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6. Termination
This contract may be terminated, in whole or in part, by either
party upon thirty (30) days written notice sent by registered mail to the other
party at his usual place of business.
Unless otherwise specified in this agreement, the Consultant shall
be paid for services performed, down to the time of the effective date of such
termination, an amount equal to the Consultant's salary costs times a factor of
2.10 plus direct out -of- pocket expenses incurred in the direct interests of the
work times a factor of I.W. In the event this contract is terminated by the
Consultant,'the County will be entitled to reimbursement of reasonable costs
occasioned by such termination.
7. Property Rights
The Consultant agrees that all property rights., copyrights and
reproduction rights to reports submitted by the Consultant in the course of per-
formance of this agreement shall be considered in the public domain and not sub-
ject to copyright. Consultant further agrees to make research, notes and other
work products produced in the performance of this agreement available to the
County upon request.
8. Hold Harmless
The Consultant shall protect, defend, save harmless and indemnify
the County from and against all claims, suits, and actions arising from negli-
gent acts or omissions of the Consultant or authorized subcontactors, and the
agents or employees of either, in the performance of this agreement., In case
any suit or cause of action shall be brought against the County on account of
any act, action, neglect, omission or default on the part of the Consultant, his
agents, successors, assignees, and /or employees, the Consultant hereby agrees
and covenants to assume the defense thereof and to pay any and all costs,
charges, attorney's fees and other expenses and any and all judgments that may
be incurred.or obtained against the County.
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9. Venue Stipulation
This Agreement has been and shall be construed as haviny been rrrade
and delivered within the State of Washington, both as to interpretation and per -
formance. Any action in law, suit in equity or judicial proceedings for the
enforcement of this agreement, or any provisions thereof, .shall be instituted
and maintained in a court of competent jurisdiction located within Whatcorn
County, Washington.
10. Professional Services
The Consultant represents that the studies, projections, plan;,
reports, designs, drawings, specifications, cost estimates and all other engi-
neering, consulting, and analytical services furnished under this Cuntract will
be in accordance with generally accepted professional practices. The Consultant
makes no other representation or warranty, express or implied.
11. Additional Taxes
The amount due the Consultant under this contract may be increased
to compensate for any additional sales tax over the amount currently in effect
for professional services.
12. Interest
The County agrees promptly to make payments, as invoiced, for ser-
vices and costs to be furnished and under this agreement. In the event an
invoice remains upaid for more than 60 days from date of invoice, the County
shall pay interest at the rate of one percent per month until full payment is
made on the past due amount, unless otherse provided for in this agreement. In
the event that an invoice for payment remains unpaid for more than 9U days from
date of invoice, the Consultant shall riot be obligated to continue with the per-
formance of the services described and contracted for herein. The Consultant
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will riot incur any liability fur damages due to the delay of the project as a
result of stopping performance of services due to the failure of the County to
pay for services rendered.
13. Estimated Construction Cost
Since the Consultant has no control over the cost of labor,
materials, or equipment, or over contractor's methods of determining prices or
over competitive bidding or market conditions, his estimates of cost for any
projects that may be recommended by documents resulting from this project are to
be made on the basis of his experience and qualifications and represent his best
judgment as a design professional f amilar with the construction industry; but
the Consultant cannot and does not guarantee that proposals, bids or the project
construction costs will not vary from cost estimates prepared by him.
14. Equal 0 of °tunit.y
The Consultant will riot discriminate against any employee or
applicarit for employment because of age, race, color, religion, sex, or national
origin. The Consultant will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard
to their aye, race, color, rligion, sex or national origin.
15. Severab i l ity
It is understood and agreed by the parties hereto that if any part
of this agreement is determined to be illegal, the validity of the remaining
portions shall not be affected avid the rights and obligations of the parties
shall be construed as if the agreement did not contained the particular illegal
part.
DATED this _ day of
ATTEST:
-C Terk 6' r the CouncfT —���
APPROVED AS TO FORM:
RANDALL J. TS,
Deputy Prosecuting Attorney -7-
19 —.
WHATCOM COUNTY
BY :
�HIRL�Y VAN zaNfi�N;
County Executive
URS ENGINEERS
BY:
Title:
STATE Of WASHINGTON )
COUNTY OF WHA TCOM )
On t h is _ day of
me, the undersigned, a Notary Public in and for tie State of
commissioned and sworn, personally appeared _
to me known to be the Consultant on behalf of URS Engineers,
executed the foregoing instrument, and acknowledged the said
the free and voluntary act and deed of said partnership, for
poses therein mentioned, and on oath stated that he is autho
said instrument.
, 1984, before
�Tashington, duly
the corporation that
instrument to be
the uses and pur-
rized to execute the
WITNESS my hand and official seal hereto affixed this day
of , 1984.
N MU PUBLIC N ANDTOR THE State
of Washington, residing at
IBM
1 '
EXHIBIT "A"
WHATCOM COUNTY DRAINAGE STUDY - SCOPE OF WORK OUTLINE
PHASE I
AUGUST 31, 1984
PHASE I
This phase consists of inventorying the physical drainage
system, providing an overview of the physical and non - physical
drainage system, developing County -wide maps which can be used
for drainage purposes, conducting a public information program
and preparing an interim report which identifies those problems
for which the County can provide short -range solutions and
implement within the next 12 -18 months with the County's
,existing financial resources including grant* or other minor
new sources of funding. The emphasis of this phase is, there-
fore, short -range where solutions to the problems identified
can be implemented during 1985.
1. Data Gathering: Physical Drainage System Inventory
1.1 Develop data gathering forms & procedures
1.2 Provide County with periodic reviews and
comment on data gathered to date
1.3 Advise County on organizing data for subsequent
use and analysis
1.4 Advise County of further data needs
2. Provide an Overview and Description of the Existing
Drainage System
2.1 Organization, management and institutional
2.2 M &O program and practices
2.3 Planning /Approval process
2.4 Statutory authority
2.5 Construction standards and developer requirement*
2.6 Physical system based on inventory collected by
County and available flow data from USGS to be
collected by URS
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3. Mapping dnd Basin Boundary Delineation
3.1 Preparation of a 1,000 -scale map of.Whatcom
County to be prepared by either URS or the
County staff at the option of the County and
review with respect to suitability for analysis
by URS.
3.2 Identify basin boundaries and show on maps
prepared by County staff.
4. Coordination of the work with County Staff and
elected officials.
4.1 Hold monthly meetings with staff
4.2. Make two presentations to elected officials
5. C.o.ordination.of the work with the Technical Advisory
Committee, Citizens Advisory Committee and the
public at large.
5.1 Technical Advisory Committee.
5.1.1. Form Committee: Special Districts,
cities and State agencies.
5.1.2. Hold one introductory meeting to
communicate duties and authorities.
5.1.3. Hold three meetings for project
coordination and input.
5.1.4. Respond to Technical Advisory Commit-
tee's requests for further information,
documentation and analysis.
5.2 Citizens Advisory Committee
5.2.1. Form Committee to represent several
private interests.
5.2.2. Hold one introductory meeting to
communicate duties and responsi-
bilities.
5.2.3. Hold three meetings for project
coordination and input.
5.2.4. Respond,to Citizens Advisory Committee's
requests for further information,
documentation and analysis.
2
5.3 Coordination of the work with citizens at
large.
5.3.1. Hold two community meetings for input
from citizens and the community at
large.
5.3.2. Assist staff in developing a question-
naire to get public input.
5.3.3. Summarize results.
6. Prepare Interim Report describing existing con-
ditions and providing a short -range action plan
6.1 Summary of inventory results and documentation
of physical drainage conditions
.6.2 Summary of non - physical drainage conditions and
specifically:
o Organization, management and institutional
o M &O program
o Planning /Review /Approval process
o Construction standards and developer
requirements
o Statutory authority - ordinances
6.3 Identification of the County's potential
short -range (12 -18 months) drainage needs
o Identify specific short -range problems to
be addressed
o Identify evaluation problems and priori-
tization criteria
n Prioritize problems for implementation
o Identify solutions and methods to imple-
ment
o Provide preliminary cost estimates
6.4 Identification of the County's potential
short -term (12 -18 months) financial resources
to most the identified needs.
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6.4.1. Investigate the availability of State
grants and assist the County in
applying for same.
6.4.2. Investigate the potential of property
tax levy and present to the County a
specific recommendation with respect
to this source of funding.
6.4.3. Coordinate the issue of property tax
levy with the Cities, evaluate impact
and present recommendations.
6.5 Identification of specific responsibilities and
schedule for implementation
6.6 Finalize Interim Report based on input from
County Staff and officials and Citizens'
Advisory Hoard and make available to County
50 copies of Interim Report.
7. Project Management and Administration and Quality
Assurance
0
F..XtiIBIT "B"
PHASE II
This phase considers the long - range strategies and solutions
which the County must implement in order to meet its
long -range development needs. The time frame is 2 -10 years
into the future. It is understood that the Scope of Work for
Phase II may be revised based on the experience and insight
gained during Phase I. At the end of Phase I, the Scope of
Work for Phase II set forth below shall be reevaluated and
finalized. Upon revising the Scope of Work for Phase II, the
budgets, i.e., fees for engineering services for said phase,
shall be finalized. Upon reaching mutual agreement thereto,
approval of the County Council and. authorization of the County
Executive shall be issued for Phase II. The tasks to be
accomplished in Phase II are presented below.
1. Identify Existing and Potential Problems
1.1 Categorize problems
0 Marine outlet problems
o River system flooding
o Intensified agricultural practices
o Rural development
o Urban subdivisions and commercial development
o Stream erosion and sedimentation
0 Slope stability
o Forestry practices
o Water quality
o Others as may be determined
1.2 Develop evaluation criteria to be used for
prioritization process
1 3 If',--ntify and define plisical probl., "ins with]
t.- h basin by:
c Category
0 Location as may be applicable
o Extent as to seriousness and complexity
A
1.4 Prioritize problems within each basin in terms
of significance, urgency or need to provide a
solution
1.5 Identify and define non - physical, County -wide
problems
o Organization, management and institutional
o Legal
o Procedural
o Financial
2. Planning and Design Criteria and Computerized
Hydraulic /Hydrologic Analysis
2.1 Define with County Staff participation planning
and design criteria with respect to:
o Existing regulations and controls
o Future land use
o Levels of protection (i.e., water quality,
flow rates, cost, flood frequency, fishery
enhancement, etc.)
2.2 Identification and selection of specific problems
for computerized hydraulic analysis
2.3 Model selection and calibration
2.4 Identify data needs necessary to conduct analysis
for County to acquire
2.5 Conduct hydraulic /hydrologic analysis and
incorporate results into alternatives
evaluation process
3. Alternative Formulation and Evaluation
3.1 Formulate and evaluate alternatives to address
deficiencies /needs in the following areas
o Organizational, management and
institutional
o M &O Program
o Planning, review and approval process
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o Construction standards and developer
requirements
o Statutory authority
3.2 Formulate and evaluate structural and
non- structural alternatives to solve,the iden-
tified and prioritized physical problems within
each basin using the following criteria for
evaluation:
o Technical effectiveness
o Cost
o Environmental compatibility
o Legal and political feasibility
3.3 Formulate and evaluate financial alternatives
to meet the physical needs /projects as iden-
tified, prioritized and coated out for each
basin and the County -wide, non - physical needs:
o Storm drainage utility concept
o Property tax levy options
o Special districts
o Bonds
o Developer fees
4. Recommended System
4.1 Provide recommendations for solving physical
problems identified in each basin in the form
of a Capital Improvement Program, non - structural
measures and an implementation schedule associ-
ated therewith
4.2 Provide a recommended system to meet the County's
non - physical needs with respect to the following
aspects:
o Organization, management and institutional
o M &O program
o Planning /Review /Approval process
o Construction standards and development
requirements
o Statutory authority - ordinances
7
4.3 Provide a financial mechanism to raise the
needed funds to most the.County's physical and
non - physical recommended system as described
above
5. Coordination of the work with County Staff and
elected officials.
5.1 Hold monthly meetings with.staff
5.2 Make three presentations /workshops to elected
officials
6. Coordination of the work with the Technical Advisory
Committee, Citizens Advisory Committee and the
public at large.
6.1 Technical Advisory Committee (Same Committee of
Phase I)
6.1.1. Hold five meetings for project coordi-
nation and input.
6.1.2. Respond to Technical Advisory Commit-
tee's requests for further information,
documentation and analysis.
6.2 Citizen's Advisory Committee (Same Committee of
Phase I)
6.2.1. Hold five meetings for project coordi-
nation and input.
6.2.2. Respond to Citizen's Advisory Commit -
tee's requests for further information,
documentation and analysis.
6.3 Coordination of the work with citizens at
large.
6.3.1. Hold three community meetings for
input from citizens and the community
at large.
6.3.2. Summarize results.
7. Master Plan Preparation
7.1 Prepare draft master plan for review by County
Staff and elected officials
S
7.2 Incorporate changes resulting from County
review and finalize
7.3 Reproduce Final Plan and deliver 100 copies to
County
8. Project Management and Administration and Quality
Assurance
PI