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Home My WebLink Aboutres2001-041WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 -263 CLE AANCES Odgiwoar.- PauirJ.0 P.E Iddd PJC that 7113 DateReceivedinCouncrittlyke 17--- �r �� it JUL 1 7 2001 WHATCOM COUNTY COUNC81. Ageado Date ? -.;e / Amistedhe COTW / Council - Dimion Head: BraceMim AE BGM 7113 J Dept Head Je Mamr P.E could Danitl Gibson I of Purchadngnhettes E atle / i— SUBJECT.• Advancefwm FCZD fund to AcmelVanZanaft Sir bwne Fand ATTACHMENTS Resolution Cover memorandum from Jeff Monsen Flood Works Agreement SEPA review required? ( ) Yes ( X ) NO SERA review completed? ( ) Yes (X ) NO Should Clerk schedule a hearing? ( ) Yee, ( ) NO RequesledDate. SUMMARYSTATEMENT: The attached resolution authorizes an advance to the AcmelvanZandt Subzone Jima the Flood Control Zone District fund to assist the subwne In paying their share of the prefect costs associated with the Saxon Bank Stabillzation Project Distribution Request Indicuu those who shodd rereun a copy vier Council action Lai specific woes to the right. AAS Fadada Mmagemmt ADS FIwwe ADS Human Raourca AAS woSavica Aaamr it r Cooperative EVeabn D4trld Court userudvt Health Hearing ExaMMmr Jill COUNCIL ACTION TAKEN: 2001 -263 7/242001: Approved 6 -0, Imhof absent, Res. #2001 -041 Juvedte Parts Planning Prosecutor Dubuc Works ShetlJj Superior Center treasurer Other Related Fe Numbers: Ordinance or Resohulo *umber (this Rem): '_ 1 SPONSORED BY: Public Works 2 PROPOSED BY: Public Works 3 INTRODUCTION DATE: July 24. 2001 b A Resolution of the Governing Body 7 of the Countywide Flood Control Zone District 8 hereinafter referred to as the 9 Whatcom County Flood Control Zone District (WCFC ZD) 10 11 RESOLUTION NO. 2001 -041 12 13 REGARDING THE ADVANCEMENT OF WHATCOM COUNTY FLOOD CONTROL ZONE 14 DISTRICT (WCFCZD) FUNDS TO THE ACMENAN ZANDT SUBZONE 15 16 17 WHEREAS, the WCFCZD previously established and is implementing the Flood Control 18 Maintenance Program, consistent with Whatcom County Code 17.20; and, 19 20 WHEREAS, the Acme/VanZandt Subzone requested assistance from the WFCZD to address a 21 bank erosion problem threatening several residences and Saxon Road late in 1998; and 22 23 WHEREAS, early in 1999, the WCFCZD completed the first phase of a project to address the area 24 experiencing the worst erosion in an effort to provide immediate protection; and 25 26 WHEREAS, after completion of the first phase, the WCFCZD began design and permitting of the 27 second phase of the project to protect the entire 1400 feet of eroding bank; and 28 29 WHEREAS, staff for the WCFCZD has been working with the permitting agencies for over two 30 years to obtain approval for the project; and 31 32 WHEREAS, revisions to the project required by the permitting agencies have increased project 33 costs; with the current project cost estimated at $3759000; and 34 35 WHEREAS, the WCFCZD Advisory Committee has reviewed the project and recommended 36 funding the project utilizing an 85/15 cost share with the Acme/VanZandt Subzone; and 37 38 WHEREAS, the AcmeNanZandt Subzone does not currently have sufficient fund balance to 39 entirely cover their 15% of total project costs based on the current cast estimate; and 40 41 WHEREAS, the 2002 assessment for the AcmeNanZandt Subzone should generate adequate 42 revenue to cover the estimated $10,000 shortage in the subzone fund balance. 43 44 NOW, THEREFORE, BE IT RESOLVED that the WCFCZD advance the Acmc/VanZandt 45 Subzone the necessary amount of money so it can pay its 15% cost -share entirely upon completion of the 46 project, and thereafter the amount paid by the WCFCZD on behalf of the subzone shall be paid back to the 47 WCFCZD by the subzone as soon sufficient funds are available in its account, and no later than December 48 31, 2002. 49 I APPROVED this 24 2 3 4 5 6 7 ATTEST: 8, 9, 10 11 Dana Brown - Davis, County Clerk 12 13 14 APP OVED AS TO FORM: 15 i 17 Civil Deputy Prosecutor 18 19 20 21 22 23 day of July 2001. W14ATCOM COUNTY COUNCIL WHATCOM COUNTY, ASHINGTON t & - Ward Nelson, ouncil thair WHATCOM COUNTY ,tLOM COL re a Phone: 13601676 -6692 PUBLIC WORKS DEPARTMENT 3 i County: 13601 398 -1310 JEFFREY M. MONSEN, P.E. FAX: (360) 738 -4561 Director �9`QNINLt�? MEMORANDUM To: The Honorable Pete Krem�e�n,, /Executive From: Jeffrey M. Monsen, P.E. 'VY U I Public Works Director lj RE: Flood Control Works Agreement Saxon Bank Stabilization Project — Acme- VanZandt Subzone Date: July 6 ", 2001 Enclosed are two (2) originals of the Flood Control Works Agreement between the Flood Control Zone District (FCZD) and the Acme -V arrZandt Subzone for your review and signature. Background and Purpose County staff and the Acme- VanZandt Subzone have been working over the past two years to design and permit a bank stabilization project along the left bank of the South Fork Nooksack River near Saxon. Bank erosion along this reach of the South Fork is threatening seven homes and a County Road (Saxon Road). The project involves stabilizing the eroding bank by constructing a cedar tree revetment and three rock hardpoints. Funding Amount and Source The cost estimate for this project is $375,000. The Flood Control Zone District Advisory Committee has approved this project at an 85/15 cost share between the FCZD and the Acme - V anZandt Subzone. At the current cost estimate, the FCZD portion of the project is $318,750, while the subzone contribution is estimated at $56,250. The FCZD has adequate budget authority for this expenditure. The current fund balance for the Acme- VanZandt Subzone is not large enough to cover their share of the estimated project costs. However, based on the total assessment amount for the current tax year, the Subzone should collect enough by the end of 2002 to cover their match. In light of this, we are proposing that the FCZD advance the Acme- VanZandt Subzone the necessary amount (approximately $10,000) so that they can pay their 15% upon completion of the project. The Acme - V anZandt Subzone will have until December 31, 2002 to pay back the FCZD for this advance. Please contact Paula Cooper at extension 50625 if you have any questions or concerns regarding the terms of this agreement. Thank you. cc: Ridhard Prieve, P.E Whatcom County Division of Engineering River and Flood Control Section 5280 Northwest Drive, Ste. C Bellingham, WA 98226 FLOOD CONTROL WORKS AGREEMENT Whatcom County Project Name Saxon Bank Stabilization Project No. 700002 This agreement is entered into this 11 day of ��y (V , 2001, between Whatcem County (Grantee), a municipal corporation of the State ofJ ashington; Whatcom County Flood Control District (FCZD) a quasi - municipal corporation of the State of Washington; and the Acme- VarrZandt Subbz r e (Grantor) a duly organized district and Loral Sponsor of certain property located on the hereinafter described body of water, for the purpose of providing flood control/river improvement work on the South Fork Nooksack River in Whatcom County, Washington, more specifically denoted by Whatcom County TAX PARCEL NUMBERS 370521-300191,303186,280219,312175,310180,332144,270257,316167 situated in Whatcom County. Whatcom County, the FCZD, and the Local Sponsor agree as follows: DEFINITIONS D.1. The term "Project" shall mean construction, operation and/or maintenance of flood protection works in accordance with Whatcom County standards. The project is located on the South Fork Nooksack River. The work generally consists of repair to: D.2. The tens "Total Project Cost" shall mean all the costs incurred by Whatcom County directly related to the execution of the project. Such costs shall include, but are not limited to: design, permitting, construction costs, supervision and inspection costs; accounting and administrative cost, cost of contract dispute settlements or awards; but shall not include any costs of operation and maintenance; or the costs of acquiring lands, easements, right-of-way, or relocations. OBLIGATIONS OF WHATCOM COUNTY, WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT, AND THE LOCAL SPONSOR 0.1. Whatcom County, subject to receiving funds from the Whatcom County Flood Control Zone District and funds provided by the Local Sponsor, shall complete the Project within a reasonable period of P& time subjecXo, but not limited to factors such as weather and other project priorities, pursuant to applicable laws, regulations and policies. The Local Sponsor shall be afforded the opportunity to review and comment on the plans and specifications. Whatcom County will, in good faith, consider the comments of the Local Sponsor but modifications and performance of all work on the project shall be exclusively within the control of Whatcom County. 0.2. The Local Sponsor shall provide or otherwise secure all lands, easements and right -of -way determined by Whatcom County to be necessary for execution, operation and maintenance of the Project. If a Flood Easement is not recorded on the property, the Local Sponsor shall execute or otherwise obtain a Flood Control Works Easement. 0.3. The Local Sponsor shall contribute in cash, a contribution toward the construction of the project in an amount equal to 15 percent of the total project cost. If any State or Federal Assistance becomes available for the Project, the Local Sponsor's share maybe reduced to 0 percent of the total project cost. 0.4. The Local Sponsor shall hold and save Whatcom County free from damages or claims arising from the design, construction, operation, and maintenance of the Project, except for damages due to negligence of Whatcom County or its contractors. METHOD OF PAYMENT P.1. The Local Sponsor shall provide, before and /or during the period of project activity, cash payments until paid in full, required to satisfy the above Obligations of this agreement. The total project cost is currently estimated to be $375,000 and the Local Sponsor's share of the total project cost at this time is currently estimated to be $56,250. The estimates set forth in this paragraph are based on Whatcom County's best judgement. Project cost estimates are subject to adjustment based on costs actually incurred and are not to be construed as the total financial obligation of Whatcom County, the FCZD, or the Local Sponsor. In the event the total project costs are expected to vary from the estimate, Whatcom County will notify the FCZD and the Local Sponsor as the actual costs become known but before incurred. P.2. Upon completion of the construction phase of the Pmject, Whatcom County shall compute the total project costs and tender to the FCZD and the Local Sponsor a final accounting of the costs and the balance owing of the Local Sponsor's share. P.3. Immediately after receiving the accounting that shows the balance owed by the Local Sponsor, the Local Sponsor shall pay as much of this balance owing as their existing fund balance will allow, allowing for a reasonable amount of reserve funds for emergencies. The remainder of the balance owed will be advanced by the FCZD so that the Local Sponsor's share is paid in full. The Local Sponsor shall repay this advance in full to the FCZD by December 31, 2002. This advance of funds will not be interest bearing. OPERATION AND MAINTENANCE 0M.1. After the Project is completed, the Local Sponsor will be provided with written notice of completion. Following completion, the Local Sponsor shall be obligated to monitor and maintain the completed project in accordance with Local, State and Federal Standards. OM.2. The Local Sponsor hereby gives Whatcom County, the FCZD, or its agents of either the right to enter, at reasonable times and in a reasonable manner, upon land which the Local Sponsor owns or controls for access to the Project for purpose of inspection and if necessary for the purpose of completing, operating, and /or maintaining the project. This right of entry shall be permanent and shall attach to the land and will run with the land upon sale or other transfer. The Local Sponsor upon reasonable notice to the County and the FCZD may alter the exact route of access so long as the alteration does not impair their ability to get needed equipment to the site. OM.3. If such an inspection shows that the Local Sponsor is failing to maintain the Project in accordance with the assurances aforementioned and has persisted in such failure after a reasonable notice in writing, Whatcom County and the FCZD may not participate to its normal extent in repairing structural damage to an inadequately maintained project. OMA. Further, Whatcom County or the FCZD may elect to undertake maintenance and operation responsibilities abandoned by the Local Sponsor and charge the Local Sponsor for the cost of these services. Billing and collection for Operation and Maintenance will follow the general provisions in Section P.2. NOTICES N.1. All notices, requests, demands and other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if addressed to the following: If to the Local Sponsor: Local Sponsor Acme- VanZandt Subzone Commissioner: Robert Knudsen 6070 Saxon Road Address: City, State, Zip: Acme, WA 98220 If to Whatcom County, or to the Flood Control Zone District: Division of Engineering 5280 Northwest Drive Bellingham, WA 98226 In Witness Whereof, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the Whatcom County Executive. Local Sponsor WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT A no I ged and Accepted By: By' O CONTROL ENGINEER 2001, before me personally appeared and to me personally ividually or jointly described in and who executed the above instrument and act of signing thereof. :J NOTAN, PUB IC, in pd f9r the State of Washington, residing atc//it My Commission Expir Z.-5 WHATCOM COUNTY By: Pete Kremen County Executive/Whatcom County Flood Control Zone District On this day of 2001, before me, personally appeared Pete Kremer, to me personally known to be the Executive of Whatcom County and who executed the above instrument and who acknowledged to me the act of signing thereof and sealing thereof NOTARY PUBLIC, in and for the State of Washington, residing at My Commission Expires Approved as to Form: Daniel Gibson, Senior Deputy Prosecuting Attorney I /FIOx0 /FCWor s /RBMOroj=0 /Saxon Bank Stabilization /Saxon FWA (Loan).doc