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Packet Aug 8 2006
WHATCOM COUNTY COUNCIL AGENDA BILL No. AB2006-319 CLEARANCES initial Date Date Received in Council Office Agenda Date Assi ed to: 7125106 Intro Originator. 8108106 Finance Division Head: Committee; Council Dept. Head: �1 ` Prosecutor: (i Purchasin / e Executive: --y / -1 0(.,,l TITLE bFbOCOXENT. 2006 Supplemental Budget Request #ll ATTACHMENTS: Ordinance, Memoranda & Budget Modification Requests SEPA review required? ( ) Yes ( X } NO Should Clerk schedule a hearing ? ( } Yes { X ) NO SEPA review completed? { ) Yes { X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance Or requires a public hearing, you mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action) Supplemental #ll requests funding from the General Fund: (I) To appropriate $67,622 in Non Departmental to fund transfer to the Flood Fund for Lake R%atcom monitoring. From the Flood Control Zone District: (2) To appropriate $348,004 to fund the Lake Whatcom monitoring project COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: 7/25/06 ORDINANCE NO. AMENDMENT NO. 11 OF THE 2006 BUDGET WHEREAS, the 2005-2006 budget was adopted November 9, 2004; and, WHEREAS, changing circumstances require modifications to the approved 2005-2006 budget; and, WHEREAS, the modifications to the budget have been assembled here for deliberation by the Whatcom County Council. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2005- 2006 Whatcom County Budget Ordinance #2004-059 is hereby amended by adding the following additional amounts to the budgets included therein: Expenditures Revenues Net Effect General Fund Non -Departmental 67,622 0 67.622 Total General Fund 67,622 0 67.622 Flood Control Zone District 348,004 225 004 123,000 Total Add'I Supplemental 415- (225.0041 iQ. ADOPTED this day of , 2005. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: r Tivil%eputy utor Laurie Caskey-Schreiber, Chair of the Council ( ) Approved ( ) Denied Pete Kremen, County Executive Date: I:\BUDGET\SUPPLS\2006_Suppl\Supplementa1 #ll.doc 2 WHATCOM COUNTY Summary of the 2006 Supplemental Budget Ordinance No. 11 Net Effect to Fund Increased Balance Expenditure (Increased) (increase) Department/Fund Description Decrease Revenue Decrease General Fund o fund transfer to the Flood Fund for Lake Non -Departmental Whatcom monitoring. 67,622 - 67,622 Total General Fund 67,622 - 67,622 Flood Control Zone To fund Lake Whatcom District monitoring project. 348,004 (225,004) . 123,000 Total Add'[ Supplemental 415.626- (225,004) 190.622 I:\BUDGET\SUPPLS\2006_Suppl\Supplementa1 #ll.doc 3 Supplemental Budget Request Status: Pending Non -Departmental Supp'l ID # 366 Fund 1 Cost Center 4530 Originator: Marianne Caldwell Expenditure Type: One Time Year 1 2005 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Fundin for Lake Whatcom project A Department Head Signature (Required on Hard Copy Submission) Date costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($67,622) 8351 Operating Transfer Out $67,622 Request Total $0 la. Description of request. This requests provides the general fund funding for a transfer to the Flood Fund ($67,622) for the Lake Whatcom monitoring project. The related supplemental budget request is Suppi ID #358 (Flood). 1b. Primary customers: 2. Problem to be solved: 3a. Options / Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: General Fund fund balance Friday, July 21, 2006 Rpt: Rpt Suppl Regular 4 Supplemental Budget Request Status. Pending Public Works Water Resources Supp-1!D # 358 Fund 169 Cost Center 169117 Originator: Kirk Christensen Expenditure Type: One -Time Year 2 2006 Add'i FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Lake Whatcom Monitoring X Dep rtment Head Signature (Required on Hard Copy Submission) Costs: Date Object Object Description Amount Requested 2910.1000 Fund Balance ($123,000) 4338.2001 Bellingham Shared Costs ($157,382) 6630 Professional Services $348 004 8301,4 530 Operating Transfer In ($67,622) Request Total $0 la. Description of request. Lake Whatcom is an important community resource providing water to nearly half the residents of the County as well as supporting other beneficial uses. Ensuring that appropriate management actions are taken- to protect this resource requires on -going efforts to understand the status of water quality,. trends, and factors that influence water quality. In addition, Whatcom County is required to meet Federal and (pending) State stormwater requirements that will also help protect water quality. Although there are a number of existing monitoring, modeling, and stormwater programs being implemented to address water quality concerns, there are additional needs that are not being met by current programs. The purpose of this supplemental budget request is to use consultant support to implement 5 additional programs that will build upon existing actions and assist responsible parties in continued implementation of management actions that provide the greatest likelihood of addressing and . improving water quality in the lake and tributaries. The five -programs are: Tributary Monitoring to Improve Wet Weather Phosphorus Characterization - The purpose of this program is to collect additional phosphorus information in order to characterize phosphorus concentrations in tributaries during runoff events. Some storm event data has been collected previously associated with .development of the WRIA 1 model and EcolggyTMDL but it is limited. Additional data should help reduce uncertainty associated with both modeling efforts and enhance the ability to implement appropriate management actions.. Estimated cost: $185,858. Illicit Discharge Elimination and Detection Pilot - Whatcom County is required under Federal and (pending) State stormwater regulations to prohibit illicit discharges_ The purpose of this program is to develop and implement a pilot illicit discharge program in a drainage of the Lake Whatcom that could be applied to other sensitive areas. In addition, through the program phosphorus loading "hotspots" will be identified that will lead to implementation of appropriate BMPs (e.g. source controls, treatment BMPs). Estimated cost: $44,015. Tributary Baseflow Monitoring - The purpose of this program is to continue on -going periodic Lake Whatcom tributary monitoring. Estimated cost: $63,372. Modeling Support - Two major modeling efforts are near completion - the WRIA 1 lake_response/loading model, and the Ecology TMDL model. Technical expertise is needed to work with staff to understand and utilize the models in order to prioritize geographic areas and management actions. Estimated cost: $20,000. Continuous Monitoring and Surrogate Development - The purpose of this program is to collect continuous turbidity data to establish surrogate regression equations for total suspended solids and total phosphorus. Tuesday, July 19, 2006 Rpr: Rpt Suppi Regvlar 5 Supplemental Budget Request Public Works Water Resources Status: Pending Supp'! 1D #6 358 Fund 169 Cost Center 169117. Originator: Kirk Christensen This program could provide invaluable on -going information on nature and extent of loadings to the lake and may reduce the need for grab sample tributary monitoring and reduce the long-term costs associated with tributary monitoring while painting a more accurate picture of tributary contributions and impacts on lake water quality. Estimated cost: $36,919. 1 b. Primary customers: Agencies and citizens of Whatcom County that rely upon Lake Whatcom as a source of drinking water. 2. Problem to be solved. Ensuring long-term sustainable supplies of safe drinking water and supporting other beneficial uses of Lake Whatcom. 3a. Options /Advantages: Consultant support will enhance the ability of Whatcom County administrative and legislative bodies to implement management actions benefiting water quality in Lake Whatcom and its' tributaries. 3b. Cost savings: Costs associated with implementing several of these programs will be shared with other jurisdictions. Refer to question "6" for details. 4a. Outcomes: Enhanced understanding of phosphorous contributions associated with storm events; Implementation of a pilot illicit discharge and elimination program; Continuation of Lake Whatcom tributary baseflow monitoring program; Determination of the ability to use turbidity as a surrogate for total suspended solids and phosphorous data, and the associated opportunity to collect and use continuous real-time data in implementing management actions. Increased ability to evaluate and use WRIA 1 and Ecology TMDL models to support management action selection in priority geographic areas. 4b. Measures: Equipment, memorandums, and report describing storm event monitoring including methodology, statistical analysis, key finding, and recommendations associated with models. Illicit discharge source tracking monitoring plan and summary report describing key findings, and recommendations for potential source control measures. Periodic data reports, and interim/final data reports associated with baseflow tributary monitoring program. Better decisions associated with the use of models. Equipment and report describing results of surrogate analysis and applicability of continuedlexpanded use of telemetry in understanding water quality and implementing management actions 5a. Other Departments/Agencles. Implementing the programs will require financial support and coordination among a number of different agencies primarily including the City of Bellingham, Lake Whatcom Water and Sewer District, United States Geological Service, and Western Washington University. 5b. Name the person in charge of implementation and what they are responsible for: Sue Blake is the project lead for the contract associated with these program actions. 6. Funding Source: General Fund $67,622 Flood Fund Balance $123,000 City of Bellingham and Water District 10 will fund $157,382 Tuesday, July 18, 2006 Rpt: Rpt Suppl Regular 6 WHATCOM COUNTY COUNCIL AGENDA SILL NO. 2006-326 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: Dick Prieve Originator: ; 7 r'� rE G 17 L �, L L-, V 0 2006 WHATCOM COUNTY COUNCIL 8/8/06 Finance/Coun( Jeffrey M. Monsen Division Head: Jeffrey M. Monsen De t. Head: J n/ �7iif 1'o� Dan Gibson Prosecutor.- f�/ ,�/ o•7 �, 6 Brad Bennett Purchasin /Bud et. Pete Kremer Executive: ( TITLE OF DOCUMENT: Slater Road Flood Proofing Project ATTACHMENTS: Cover Memo Contract SEPA review required? { X ) Yes { ) NO Should Clerk schedule a hearing ? ( ) Yes {x ) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Professional Services contract to complete the Design and Permitting for lite Slater Road Flood Proofing Project. COMMITTEE ACTION. Related County Contract #: I Related File Numbers: COUNCIL ACTION. Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: wrvrv.co.ivhatcotn.wa.us/couucil. ii David Evans and Associates Inc. Slater Road Flood Proofing Project 7 WHATCOM COUNTY Public Works DEPT. 322 Commercial St. Suite 210 Bellingham, WA 98225 MEMORANDUM TO: Pete Kremen, County Executive FROM: Jeffrey M. Monsen, P.EY\ Jeffrey M. Monsen Director RECEIVED J U L 2 8 2006 PETE KREMEN COUNTY EXECUTIVE RE: Professional Services Agreement with David Evans and Associates Inc. for the Design of the Slater Road Flood Proofing Project. DATE: July 27, 2006 Enclosed are two (2) originals of a professional services agreement between David Evans and Associates, Inc. and Whatcom County Public Works for your review and signature. • Requested Action Public Works respectfully requests that the County Council authorize the County Executive to enter into a contract in the amount of $720,143.00 with David Evans and Associates Inc. for the Slater Road Flood Proofing Project Design and Permitting. . Background and Purpose Slater Road floods when Tennant Creek reaches a point less than a two-year flood event. The flooding and closing of Slater Road detours traffic through the city of Ferndale which greatly impacts all industry at Cherry Point, the city of Ferndale, and the citizens of Lummi Island, Lummi Nation and the Lummi Nation Casino. 2,000 feet of Slater Road between the Nooksack River and the Santa Fe Burlington Railroad tracks will be raised and a bridge constructed at a sufficient elevation and length to allow the passage of a 100-year flood event. David Evans and Associates Inc. contract is the beginning of the design and permitting phase to eliminate the annual flooding and closing of Slater Road. ■ Funding Amount and Source Funding in the amount of $3,400,000 for this project was approved as part of the Six -year Transportation Improvement Program. The Lummi Indian Business Council has secured federal funding through FEMA for $3,000,000 for this project. Please contact me at extension 50678, if you have any questions or concerns regarding the terms of this agreement, Enclosure David Evans and Associates Inc. Slater Road Flood Proofing Project Whatcom County Contract No. WHATCOM COUNTY CONTRACT INFORMATION SHEET Originating Department: Whatcom County Public Works Contact Person: Jeffrey M. Monsen P.E. Contractor's Name: David Evans and Associates, Inc. Is this a New Contract? If not, is this an Amendment 10 an Existing Contract? Yes X No _ Yes No If an Amendment, previous number(sls this a renewal? _ Yes _ No _X Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $ 720143 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount.• $10,000, whichever is greater, must also go to Council and will need an agenda bill S and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. S Scope of Services The objectives of the Slater Road Flood Proofing Project are to design and construct a raise section of Slater Road between the Nooksack River and the Burlington Santa Fe Railroad and provide a bridge at a sufficient elevation that will allow passage of a 100-year flood event. The road section will consist of two -twelve foot paved traffic lanes with eight -foot paved shoulders for a total road width of forty -foot. The proposed detour section will consist of two -ten foot paved traveled lanes with two - foot shoulders. The bridge section will consist of two -twelve lanes with six-foot six- inch shoulders and a length to allow the passing of a 100-year flood event. This work will include all road design, bridge design, environmental permitting, Geotechnical, hydraulic, survey, construction bid support, inspection, surveying and testing. Nature of Contract Amt: ( Check one) Fixed Amount Not to Exceed X Open Ended Term of Contract: Expiration Date: June 30, 2009 O tion Yes No X Last Renewal Ex ires: LRewal Dates or clauses that require calendaring: Contract Routine Stens & Skenof - fsken or initiall (indicate date transmitted 1. Prepared by: Dick Prieve Date -July 25 2006 [electronic] 2. Attorney reviewed: Daniel L Gibson Date 07 0 6 [electronic] 3. AS -Finance rewiewed: s- Date > electronic] 4. Corrections made: Date electronic] hard copy printed 5. Attorney signoff: Daniel L. Gibson � Date 67 W66 6. Contractor signed: .• Date 7- 28-06 7. Submitted to Exec Office Date 7-a?-0G /summary via electronic; hardcopies] 8. Reviewed by DCA Date 9. Council approved (if necessary) Date 10. Executive signed: Date IL Contractor Original Returned to dept; Date 12. County Original to Council Date this form may need to expand to more than one page David Evans and Associates Inc. SIater Road Flood Proofing Project g Whatcom County Contract No. ,OUNTY ORIGINAL aao 0 70 � �{ CONTRACT FOR SERVICES AGREEMENT Slater Road Flood Proofing Project David Evans and Associates, Inc., hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 1 to 7 , Exhibit A (Scope of Work), pp. 1-A to 21-A , Exhibit B (Compensation), pp. 1-S to 4-B Exhibit C (Compensation), pp. 1-C to 5-C Exhibit D (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 14 day of August , 2006, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 30 day of June , 2009 . The general purpose or objective of this Agreement is to: design and Provide construction administration for the Slater Road Flood Proofing Proiect, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $ 720143 . The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21 A, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this day of lLL , 2006. CONTRACTOR: David Evans and Associates, Inc., Garth D. Cray P ., Vice President (� Cha4ep. Smay, P.L.S., Senior Associate STATE OF WASHINGTON ) COUNTY OF W ) ,���1411111uuupli �� •� S10N�•�-� �p .o pTaR)J56 204� * AZ m h On thisQt day of LA 2006, before me personally appeared Garth D. Cray and Charles P. Smay to me known to be the Vice President and Senior Associate of David Evans and Associates Inc., and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. C,�TARY PU LIC in and for the State of Washington, resi `S in at pp-t1'1. My commission expires 87 Contract for Services Agreement David Evans and Associates, Inc. Slater Road Flood Proofing Project Page 1 10 WHATCOM COUNTY: Recommended for Approval: VYI >.Cn. � 712 e /o b Depa r(qor Date Approved as to form: >,4 -h-.�) Prosecuting Attorney Date Approved: Accepted for Whatoom County: By: Pete Kremen, Whatoom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 _, before me personally appeared Pete Kremen, to me known to be the Executive of Whatoom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. CONTRACTOR INFORMATION: David Evans and Associates, Inc. Garth D. Cray, R.E., Vice President Address: 119 Grand Avenue, Suite D Bellingham, WA 98225 Mailing Address: 119 Grand Avenue, Suite D Bellingham, WA 98225 Contact Name: Jack Bartman. P.E. Contact Phone: 360-647-7151 Contact FAX: 360-647-7160 Contact Email: 1akbAdeainc.com Contract for Services Agreement David Evans and Associates, Inc. Slater Road Flood Proofing Project NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires Page 2 11 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such defaults) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: Not Applicable 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the. Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Contract for Services Agreement David Evans and Associates, Inc. Slater Road Flood Proofing Project Page 3 12 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts olherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 labor Standards: The Contractor agrees to comply with state and federal requirements, as applicable, pertaining to payment 'of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that helshelit maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: Contract for Services Agreement David Evans and Associates, Inc. Slater Road Flood Proofing Project Page 4 13 The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.2 PatentlCopyright Infringement: Not Applicable 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C" 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly, waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, reasonable attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any Ume resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, to the extent such -injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees. Contract for Services Agreement David Evans and Associates, Inc. Slater Road Flood Proofing Project Page 5 14 It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall lake affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: Not Applicable 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Jeffrey M. Monsen, Whatcom County Public Works Director, 322 Commercial St., Bellingham WA. 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Contract for Services Agreement David Evans and Associates, Inc. Slater Road Flood Proofing Project Page 6 15 40.2 Contractor Commitments, Warranties and Representations: Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to, any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 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. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.11 30.11 31.11 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Agreement David Evans and Associates, Inc. Slater Road Flood Proofing Project Page 7 MT EXHIBIT A WHATCOM COUNTY ENGINEERING DESIGN SERVICES SLATER ROAD FLOOD PROOFING PROJECT SCOPE OF SERVICES TABLE OF CONTENTS SECTION 1.0 PROJECT DESCRIPTION AND DELIVERABLES.................................3 1.1 Project Description................................................................................................3 1.2 Project Phases.........................................................................................................3 1.3 Project Deliverables Furnished by the Consultant..............................................3 1.4 Items furnished by the County.............................................................................4 1.5 Contingency............................................................................................................4 SECTION 2.0 PROJECT MANAGEMENT AND QUALITY CONTROL......................4 2.1 Subconsultant Coordination.................................................................................4 2.2 Develop and Maintain the Schedule.....................................................................5 2.3 Monthly Progress Report......................................................................................5 2.4 Monthly Invoices....................................................................................................5 2.5 Coordination Meetings..........................................................................................5 2.6 Quality Control/Quality Assurance Review........................................................6 SECTION3.0 SURVEY..........................................................................................................6 3.1 Topography Survey & Basemap...........................................................................6 3.2 Safety Plan..............................................................................................................6 3.3 Environmental Survey and Map..........................................................................6 3.4 Right of Way Plans................................................................................................7 SECTION 4.0 HYDRAULIC MODELING..........................................................................7 4.1 Meetings..................................................................................................................7 4.2 Obtain Data and Review Site................................................................................7 4.3 Review Existing Modeling of Alternatives...........................................................7 4.4 Revise/Refine Modeling of Final Alternative......................................................7 4.5 Provide Hydraulic Inputs for Design...................................................................8 4.6 Document Results...................................................................................................8 SECTION 5.0 GEOTECHNICAL INVESTIGATION AND DESIGN .............................8 5.1 Preliminary Design Considerations......................................................................8 5.2 Subsurface Explorations.......................................................................................8 5.3 Laboratory and Exploration Log Review............................................................9 DAVID EVANS AND ASSOCIATES, INC. I -A Scope of Services 17 5.4 30 Percent Design Completion..............................................................................9 5.5 90 Percent Analysis and Design............................................................................9 5.6 Design Report.......................................................................................................10 5.7 Support during the Development of PS&E and the Bid Process....................10 5.8 Project Management............................................................................................10 SECTION6.0 Bridge Design................................................................................................10 6.1 Project Administration........................................................................................10 6.2 Bridge TS&L (Type Size & Location) Report..................................................11 6.3 Bridge PS&E (Plans, Specifications & Estimate).............................................11 6.4 Bridge Load Rating.............................................................................................13 SECTION 7.0 PRELIMINARY DESIGN...........................................................................14 7.1 Design Standards.................................................................................................14 7.2 Project Site Visits.................................................................................................14 7.3 Alternative Analysis.............................................................................................14 7.4 Stormwater Report..............................................................................................15 SECTION8.0 DESIGN.........................................................................................................15 8.1 30% Design...........................................................................................................15 8.2 60% Design...........................................................................................................16 8.3 90% Design...........................................................................................................16 8.4 100% Design.........................................................................................................17 SECTION 9.0 ENVIRONMENTAL DOCUMENTATION AND PERMITTING ......... 17 9.1 Biological Assessment Addendum......................................................................17 9.2 Wetland Delineation............................................................................................18 9.3 Joint Aquatic Resource Permit Application (DARPA).....................................19 9.4 Corps Section 404 Individual Permit Preparation............................................19 9.5 Mitigation Site Selection, Wetland Delineation and Mitigation Plan Preparation...........................................................................................................20 9.6 Whatcom County Shoreline Permit, Grading Application and SEPA ChecklistPreparation..........................................................................................21 SECTION 10.0 CONSTRUCTION ADMINISTRATION SUPPORT..............................21 10.1 BID Support.........................................................................................................21 DAVID EVANS AND ASSOCIATES, INC. 2-A Scope of Services 18 WHATCOM COUNTY ENGINEERING DESIGN SERVICES SLATER ROAD FLOOD PROOFING PROJECT SCOPE OF SERVICES SECTION 1.0 PROJECT DESCRIPTION AND DELIVERABLES 1.1 PROJECT DESCRIPTION The work under this agreement consists of design, environmental permitting, and construction administration for revisions to a 2000 foot segment of Slater Road between the Nooksack River and the Burlington Northern Santa Fe railroad tracks. It is proposed to replace the existing roadway with a new elevated roadway incorporating an approximately 375-foot long bridge above the 100 year flood elevation. The proposed road is to consist of two 12 foot lanes with 8 foot paved shoulders. The road is to remain open during construction. Construction is to be complete by May of 2009. This Scope of Services is based on a providing a design consistent with the preliminary work done on this project. The preliminary design consists of designing a temporary road and replacing the existing road in its existing location at an elevated grade with an approximately 375 floodway structure. For purposes of this contract, the term CONSULTANT refers to the collective efforts of the following firms: • David Evans and Associates, Inc. (DEA); • GeoEngineers; • Shearer Design; Northwest Hydraulic Consultants DEA shall act as the prime consultant and the other firms are sub -consultant. 1.2 PROJECT PHASES This Scope of Services includes allowances for a future supplement for Construction Administration Services. If Construction Administration is desired by the County, the Scope of Services will be supplemented to include those tasks at a later date. 1.3 PROJECT DELIVERABLES FURNISHED BY THE CONSULTANT The Consultant shall maintain a project file for pertinent work items. These files will be delivered to the County at the conclusion of the project. In addition to the project files, the Consultant shall deliver the following documents and products to the County as part of this agreement: DAVID EVANS AND ASSOCIATES, INC. 3-A Scope of Services 9 • Final CADD and earthwork electronic files; • Alternative Analysis Technical Memo; • Hydraulic Flood Report; + Geotechnical Report; • Stormwater Report; • PS&E contract plans and estimate for review at 30% (5 sets of plans). • PS&E contract plans and estimate for review at 60% (5 sets of plans). • PS&E contract plans, specifications, and estimate at 90%, and Proof Copy (100%) (5 sets of plan). + Final set of Professional Engineer stamped and signed reproducible contract documents. 1.4 ITEMS FURNISHED BY THE COUNTY • Topographical basemap information from LIDAR survey. • Existing right-of-way limits; • Any applicable preliminary design, geotechnical or environmental documentation; 1.5 CONTINGENCY Project design that is different from that in the Project Description or additional work to complete the project not contained in this Scope of Services will be considered Additional Work. Task Orders to perform additional work are to be authorized by the execution of a Task Order by the County Contract Administrator, and shall be applied to the Contingency amount included in the contract. SECTION 2.0 PROJECT MANAGEMENT AND QUALITY CONTROL Direction of the Consultant staff and review of their work over the course of the Project shall be provided. Periodic monitoring of the Consultant's design budget will occur over the course of the Project. Current status, as well as budget projections, will be developed. This work element is intended to help monitor costs and budgets and to propose corrective actions. These actions could include formal requests for scope modifications and respective budget adjustments. Drawings and documents received and generated over the course of the Project will require review, coordination and file management to be completed by the Consultant. It is assumed that this the project will extend for 32 months 2.1 SUBCONSULTANT COORDINATION Direction of Subconsultants and review of their work over the course of the Project shall be provided by the Consultant. This work element includes reviewing monthly progress, invoices, attending meetings, and scheduling and coordinating work items for the following month. DAVID EVANS AND ASSOCIATES, INC. 4-A Scope of Services 20 Monthly monitoring of the Subconsultant's design budget will occur over the course of the Project. Current status, as well as projections, will be developed. This work element is intended to help monitor costs and budgets and to propose corrective actions. 2.2 DEVELOP AND MAINTAIN THE SCHEDULE Upon receipt of Notice to Proceed, the project schedule shall be developed by the Consultant in cooperation with the County. The schedule shall be submitted to the County for review and approval. The schedule shall be updated monthly to reflect the current status of the project Deliverable: Project Schedule Monthly Schedule Updates 2.3 MONTHLY PROGRESS REPORT Monthly reports shall be prepared by the Consultant in a format agreed to with the County Project Manager, and shall include a written report of work performed by the Consultant and Subconsultants for the prior billing period. Progress reports shall be submitted with the monthly invoices. Deliverable: Monthly Progress Reports 2.4 MONTHLY INVOICES Monthly invoices shall be prepared by the Consultant for work activities for the prior month. These shall also include Subconsultants work. Deliverable: Monthly Invoices 2.5 COORDINATION MEETINGS This work element provides for the preparation for, attendance at, and documentation of meetings for the -duration of the contract. These meetings shall be the forums for the County to provide input and guidance for the duration of the project. They will also be used to discuss project issues, approve submittals, and develop potential solutions. The Consultant shall prepare for, attend, and document up to thirty (30) coordination meetings with the County. The meetings will be held at the County or Consultant offices, at the County's discretion. The Consultant shall prepare and distribute meeting notes to the County Project Manager within ten (10) working days following the meeting. Deliverable: Meeting Agenda Meeting Minutes DAVID EVANS AND ASSOCIATES, INC. 5-A Scope of Services 21 2.6 QUALITY CONTROLIQUALITY ASSURANCE REVIEW This task is for QCIQA review of the Consultant's deliverables by a designated QC/QA staff member. The review shall cover documents, reports, plans, specifications, cost estimates and pertinent information on an ongoing basis. The QCIQA program entails the periodic review of study criteria, design, assumptions, concepts and presentation of product format and assures that the overall Project objectives are being fulfilled. The County will provide additional quality review. This will be coordinated with the Consultant Project Manager and pertinent staff members. Support groups within the County will review and provide direction of pertinent work items and will coordinate with the Consultant Project Manager and pertinent staff members. SECTION 3.0 SURVEY 3.1 TOPOGRAPHY SURVEY & BASE" The right of way plans for Slater Road, formerly known as SR-540, will be used to compute the center line and right of way for the base map. This information will be mapped in the same horizontal and vertical coordinate system used by both Whatcom County and the City of Ferndale. Station points will be calculated every 50 feet along the center line alignment. Corresponding points will be set on the North shoulder of Slater Road to be used for orientation during site visits. The field survey crews will cross section on the 50 stations and on all grade breaks out to a distance of 100 feet on either side of centerline. The crews will also pick up all utilities, driveways West side of the railroad crossing, and the approach to the bridge over the Nooksack River. This information will be incorporated into the base map and a vertical surface will be created. 3.2 SAFETY PLAN A licensed safety company experienced in road work will be used for any work to be performed between the shoulders of Slater road. They will provide safety equipment and personnel to protect DEA personnel working inside the active corridor of Slater road. The time period estimated for survey work between the shoulders of Slater road is 5 days. 3.3 ENVIRONMENTAL SURVEY AND MAP All wetland flags and data points set will be surveyed and incorporated into the topography map. Area calculations and exhibit maps will be created as requested. If mitigation becomes necessary the mitigation site will be surveyed for topography and existing wetlands. This information will be mapped and provided for mitigation design. The hours for the mitigation survey and map were based on a five acre site that is partially cleared. It may be necessary to change these hours when the actual site is selected. DAVID EVANS AND ASSOCIATES, INC. 6-A Scope of Services 22 3.4 RIGHT OF WAY PLANS After design is completed and adjustments to the right of way are made a set of right of way plans will be produced. These plans will use Whatcom County format and borders. They will show existing right of way, take areas, owners name and auditor's numbers of granting deeds. Also included in this task are exhibits and legal descriptions to support acquisition process. SECTION 4.0 HYDRAULIC MODELING Northwest Hydraulic Consultants (NHC) is to provide review and input of hydraulics related to the proposed Nooksack River overflow bridge on Slater Road in Whatcom County. The proposal calls for NHC to complete the following tasks. 4.1 MEETINGS NHC's principal and project engineer will attend up to two meetings for the project. Budget is provided should one of those meetings need to be held in Whatcom County. 4.2 OBTAIN DATA AND REVIEW SITE. NHC will collect existing information needed to complete the tasks listed below. This will include the latest Whatcom County's FEQ (Full Equations) hydraulic model of the Nooksack River Reach 1, bridge plans, topographic data, and site surveys. It is assumed all information is readily available and that no additional data collection or surveys will be needed. Unless otherwise combined with a meeting at Whatcom County (see Meetings below), on -site reconnaissance of the proposed site will not be conducted. NHC is already familiar with the area and has access to photos, aerials, mapping, etc. to enable a site review from their office. 4.3 REVIEW EXISTING MODELING OF ALTERNATIVES. NHC already possesses the FEQ hydrodynamic model of the Nooksack River through this reach, including alternative runs for Slater Road. Discussions will be held with County personnel to discuss the previous work undertaken by the County and ensure the latest model, including the latest Slater Road alternatives, is used. NHC will review the FEQ model and alternatives in the vicinity of Slater Road. 4.4 REVISE/REFINE MODELING OF FINAL ALTERNATIVE. Minor refinements will be made to the FEQ model, if necessary, to represent the final elements of the Slater Road alternative. The model will be simulated for the 100-yr condition and two other already developed flow events in the model. DAVID EVANS AND ASSOCIATES, INC. 7-A Scope of Services 23 4.5 PROVIDE HYDRAULIC INPUTS FOR DESIGN. Results will be extracted from the FEQ model of the final alternative, as necessary to provide design inputs to David Evans and/or Shearer — e.g. upstream 100-yr water surface elevation, velocity through the bridge, and conceptual guidance related to scour and lateral protection at the bridge. 4.6 DOCUMENT RESULTS NHC will summarize the analysis and results of the study in either a brief letter report or technical memorandum. Deliverable: Technical Memo SECTION 5.0 GEOTECHNICAL INVESTIGATION AND DESIGN 5.1 PRELIMINARY DESIGN CONSIDERATIONS This task addresses evaluating geotechnical aspects related to project costs, schedule, permitting and various major design and construction issues. We anticipate that there will be a number of meetings with the design team and the county to discuss the different considerations. The different design considerations include the following: • Review related projects with similar subsurface conditions. • Re-evaluate whether building an entirely new road is better than using the existing road as the base for the new road and building a temporary construction road. • Explore with the design team options to mitigate or expedite the amount and time rate of settlement and impacts on design and permitting. • The construction sequencing in order to construct the project within the timeframe allowed by the grant. 5.2 SUBSURFACE EXPLORATIONS This task involves exploring the surface and subsurface conditions at the site as a basis for providing geotechnical engineering recommendations and design criteria for the proposed project. The scope for this task includes the followings: • Coordinate with the county and subcontractors. We anticipate that a right-of-way permit will be required from the county. The explorations will be accomplished from the existing roadway to minimize off -site impacts. • Perform a reconnaissance visit to locate exploration locations and contact the "one -call" system to locate utilities in the vicinity of the explorations. • Complete one-half day of hand explorations along the proposed new/temporary alignment outside of the current improved roadway. DAVID EVANS AND ASSOCIATES; INC. 8-A Scope of Services 24 • Subcontract traffic control for the exploration program. We anticipate that a maximum five days of traffic control will be needed. • Explore soil and groundwater conditions by drilling three borings and advancing three Dutch cone penetrometer tests (CPTs) to bedrock. Based on a review of available information, we have estimated that the explorations will be on the order of 130 feet deep. The drilling will take approximately five days to complete and the Dutch Cones will take approximately two days to complete. Both types of explorations can occur simultaneously. 5.3 LABORATORY AND EXPLORATION LOG REVIEW This task involves reviewing the data obtained during the exploration program and completing laboratory testing and the retrieved soil samples. We anticipate that the laboratory testing will include moisture content determinations, in -place density determinations, Atterburg limits, torvane testing, and consolidation testing. The majority of the work will be completed in our Bellingham laboratory; however the Atterburg Limits determinations and consolidation testing will be completed in our Redmond laboratory. Final logs will be prepared based on results of the laboratory tests. 5.4 30 PERCENT DESIGN COMPLETION This task involves completing preliminary analyses, confirm or redirect initial design assumptions, meeting with the design team and county to summarize the results of the preliminary conclusions and recommendations. We anticipate that this task will include two to three meetings and possibly a preliminary technical memorandum. 5.5 90 PERCENT ANALYSIS AND DESIGN This task involves completing the analysis and design work for the proposed project. The scope for this task includes the followings: • Complete settlement analysis and embankment modeling using PLAXIS, a 3-D finite element program. The purposes of this modeling are to better predict the settlement profile, effect of wick drains, and wick drain spacing to optimize the design. • Provide conclusions and recommendations regarding preloading and design of wick drains, including size, length, and spacing, if appropriate. • Provide recommendations for foundation design of the bridge structure including pile type and size and vertical and lateral pile capacities. • Estimate long term settlements and work with the structural engineer regarding appropriate approach slabs. • Provide recommendations for embankment and abutment walls, temporary and permanent slopes. • Provide recommendations for earthwork including stripping depth and site preparation, use of on -site soils for structural fill, imported soils, permanent slopes, and compaction criteria for roadway support. DAVID EVANS AND ASSOCIATES, INC. 9-A Scope of Services 25 • Provide recommendations for temporary road construction, if appropriate. • Contribute to cost estimates as the project proceeds to evaluate the most cost-effective design and construction alternatives. Provide seismic design considerations including the potential effects of liquefaction. 5.6 DESIGN REPORT This task involves providing a geotechnical report with our conclusions and recommendations. Exploration logs, a site plan, cross -sections of the subsurface profile and any supporting test data will be included. 5.7 SUPPORT DURING THE DEVELOPMENT OF PS&E AND THE BID PROCESS This task involves providing support to the design team during preparation of plans and specifications and during the bid process. This task also includes attendance at pre -bid meetings. 5.8 PROJECT MANAGEMENT This task involves the required project management for the project including billing, miscellaneous communications, and project updates to the design team. SECTION 6.0 BRIDGE DESIGN 6.1 PROJECT ADMINISTRATION This task includes the project coordination and administrative duties needed to integrate the bridge design effort with the roadway design, geotechnical work, and permits for the project. Task items to include: Project scheduling • Develop a work plan and scheduling for the TS&L (Type size & location) submittal and the PS&E design submittals. Coordination with Geotechnical, Hydraulic, survey & permits • Develop a drilling exploration plan for the bridge, and list the foundation engineering information requirements. • Coordinate the hydraulic opening & scour issues, base mapping 1 cross section and alignment criteria as related to the bridge design. • Develop permit information in regards to the impacted area, or fill and excavation quantities. Team Meetings DAVID EVANS AND ASSOCIATES, INC. 10-A Scope of Services 26 • Assume six meetings for project coordination. The design team will meet to discuss project issues, schedule, progress, and general coordination of effort as needed. In the beginning team meetings will take place to discuss the alignment plan and the TS&L report. During final design the team will meet for the 30 percent, 60 percent, 90 percent, and 100 percent PSE submittals. 6.2 BRIDGE TS&L (TYPE SIZE & LOCATION) REPORT This task is to develop concepts for the most efficient bridge type and layout for the project. The goal is to prepare a TS&L report evaluating the feasible bridge types, construction issues and the estimated construction cost for the bridge. This task will help to evaluate and asses the project cost and construction issues before entering into final design. Note that much of the preliminary layout work done in this phase will be used for the final design, At least two bridge types or spans and a multiple culvert option will be developed for a cost and constructability comparison under this task. It is anticipated that the TS&L is to be appended to or included as part of the project design report. Addressed in this task will be: • Profile & clearance • Bridge width & length • Structure type • Settlement issues • Foundation type • Utilities • Other details as required • Permit drawings • Engineers estimate Deliverables TS&L Options Report Permit drawings for the bridge components 6.3 BRIDGE PS&E (PLANS, SPECIFICATIONS & ESTIMATE) This task shall encompass the design and engineering as needed to prepare plans for the new bridge spans, based on the findings and recommendations from the Task 2 TS&L report. During the PS&E phase, the Consultant will perform the design necessary for the 30 percent, 60 percent, 90 percent and Final PS&E levels. DAVID EVANS AND ASSOCIATES, INC. 11-A Scope of Services 27 All work will be done in conformance with the current Whatcom County or WSDOT practice, and the 2004 AASHTO LRFD Bridge Design Specifications. Task items to include: Slater Road Bridge Plans, Specifications and Engineer's Estimate (PS&E) Phase • Finalize bridge geometry and provide cross sections at abutments and center piers. • Perform preliminary & final structural design for the bridge superstructure and substructure. • Prepare 30, 60, 90 percent level drawings showing bridge plans, profiles, and typical sections. • Incorporate County's comments from the 30, 60, 90 review submittals. • Prepare draft and final special provisions for use in developing the project specifications. • Update the engineer's cost estimate at appropriate stages. Anticipated drawings for the plan set: • Cover Sheet • General Notes and Abbreviations • Bridge Plan and Elevation • Construction Sequence • Foundation Layout • Pile Details • Typical Abutment Plan and Elevation • Typical Pier Plan and Elevation • Abutment Wingwalls • Pier Sections & Details • Framing Plan • Typical Section • Bearing Details • Girder Details I • Girder Details II • Diaphragms • Deck Slab Reinforcement • Drainage Details DAVID EVANS AND ASSOCIATES, INC. 12-A Scope of Services 28 • Utility Hangers • Approach Slab Special Provisions The Consultant will develop all special provisions as related to the bridge design in the following areas. • Bid Procedures and Conditions • Amendments to the Standard Specifications • Division 1 - General Requirements • General Special Provisions (GSP) • Bridge Special Provisions (BSP) • Division 2 — Earthwork • Division 4 — Bases • Division 6 -- Structures • Division S — Miscellaneous Construction Engineer's Estimate The Consultant will compile quantities and unit costs for bid items that correspond to the project specifications and plan set. These quantities and costs will be updated for each submittal. Deliverables • 30 Percent PS&E Submittal: Schematic drawings of bridge & roadway, foundation plan, and bridge cross section. • 60 Percent PS&E Submittal: Updated drawings and cost estimates following County review of the 30 percent submittal. Provide preliminary specifications. • 90 Percent PS&E Submittal: Updated drawings and cost estimates following County review of the 60 percent submittal. Provide updated specifications. • 100 Percent PS&E Submittals: Finalized bid documents, specifications and cost estimate. 6.4 BRIDGE LOAD RATING WSDOT policy requires a load rating be prepared for each new bridge design. This task will prepare for the County Bridge file the baseline load rating report. DAVID EVANS AND ASSOCIATES, INC. 13-A Scope of Services 29 The analysis will compare the three standard vehicle loadings, two overload vehicles and the HS-20 vehicle for Operating and Inventory load levels. All work will be done in conformance with the current WSDOT practice as established in Chapter 14 of the WSDOT Bridge design Manual. Deliverables • One bound Load Rating Report • Bridge capacity and posting summary. SECTION 7.0 PRELIMINARY DESIGN 7.1 DESIGN STANDARDS The following standards will be used for the design of this project • Whatcom County's Engineering Design and Development Standards; • AASHTO Policy on Geometric Design of highways and Streets (1994); • WSDOT Design Manual; • WSDOT Plans Preparation Manual • WSDOT Standard Specifications for Road, Bridge, and Municipal Construction • WSDOT Amendments and General Special Provisions • WSDOT Standard Plans for Road, Bridge and Municipal Construction • WSDOT Local Agency Guidelines; and • Manual of Uniform Traffic Control Devices. Particular emphasis shall be placed on identifying those elements that may be subject to interpretation, engineering judgment or modification due to adverse field conditions. All elements shall be reviewed with County staff prior to the start of detailed design. 7.2 PROJECT SITE VISITS The Consultant shall conduct one (1) site visit with County maintenance, design, construction, drainage, landscape and environmental staff to review and discuss design considerations. The Consultant shall conduct two (2) additional site visits with County staff to resolve design questions and issues and ten (10) site visits to resolve design issues. Deliverable: Field Visit Summary Notes 7.3 ALTERNATIVE ANALYSIS The Consultant shall prepare a technical memo with recommended location and construction methods and construction phasing based on the geotechnical report, bridge TSL bridge study, and DAVID EVANS AND ASSOCIATES, INC. I4-A Scope of Services 30 enviromnental impact and mitigation recommendations. The County will provide review comments to the technical memo, which shall be incorporated as applicable into a revised technical memo. Deliverable: Draft Roadway Section and Alignment Analysis Technical Memo Final Roadway Section and Alignment Analysis Technical Memo 7.4 STORMWATER REPORT The Consultant shall prepare the Stormwater Report in accordance with Whatcom County Standards Project description; • Off -site and on -site basin delineation, analysis and hydrologic calculations; • Water quantity/water quality calculations; • Conveyance calculations; • Detention siting and sizing (if required); • Downstream analysis, and • Vicinity map, off -site basin map, on -site basin map, schematic proposed facilities. Three (3) copies of the draft Stormwater Report shall be submitted to the County for distribution, review, and comment. The County will review the Stormwater Report and provide written comments within three weeks. The Consultant shall provide written response to the draft review comments and incorporate, as appropriate, the review comments. The Consultant shall provide three (3) copies of the final Stormwater Report. Deliverable: Draft Stormwater Reports (3 Copies) Final Stormwater Reports (3 Copies) SECTION 8.0 DESIGN 8.1 30% DESIGN The Consultant shall develop the design to a 30% completion level, and participate in a review coordination meeting to respond to County staff questions and comments. The County will provide one consolidated set of review comments. Review comments will be responded to and incorporated as applicable into the design. The 30% design will include the following elements, as a minimum, prepared by the Consultant, as many elements shall be combined on a sheet as reasonable with out compromising clarity: • Vicinity map / Index • Summary of Quantities • Roadway Sections • Alignment / right of way DAVID EVANS AND ASSOCIATES, INC. I5-A Scope of Services 31 • Quantity Tabulation • Site Preparation I Existing Utilities • Profiles • Temporary Erosion and Sediment Control Plans and Details • Structure Notes • Drainage Plans, Profiles, and Details • Landscape Plans and Details • Paving Plans and Details • Striping Plans • Illumination Plans and Details • Signing Plans and Details • Traffic Control Plans • Construction Estimate including bid items, quantities, and unit prices. May include some multipliers for items that have not been defined. Deliverable: 5 Sets of 11"x17" 30 % Plans Construction Estimate 8.2 60% DESIGN The Consultant shall prepare a complete design for review by the County, and participate in a review coordination meeting to respond to County staff questions and comments. The County will provide one consolidated set of review comments. Review comments will be responded to and incorporated as applicable into the design. The 60% design shall include the following elements, as a minimum, prepared by the. Consultant: • Plan modifications and/or revisions in response to County review comments from the 30% design coordination meeting; • 60% design of project elements; • Cost Estimate including bid items, quantities, and unit prices. Deliverable: 5 Sets of 11"x17" 60% Plans Construction Estimate 8.3 90% DESIGN The Consultant shall prepare a complete design for review by the County, and participate in a review coordination meeting to respond to County staff questions and comments. The County will provide one consolidated set of review comments. Review comments will be responded to and incorporated as applicable into ' the design. The 60% design shall include the following elements, as a minimum, prepared by the Consultant: DAVID EVANS AND ASSOCIATES, INC. 16-A Scope of Services 32 • Plan modifications and/or revisions in response to County review comments from the 60% design coordination meeting; • 90% design of project elements; • Cost Estimate including bid items, quantities, and unit prices. Deliverable: 5 Sets of 11"x17" 90% Plans 5 Sets of Specification Special Provisions Construction Estimate 8.4 100% DESIGN The Consultant shall prepare final contract documents in accordance with County's review comments from the final design coordination meeting. The following work shall be completed as part of the final contract document preparation: • Plan modifications and/or revisions in response to County review comments from the 90% design coordination meeting; • Final design of project elements; • Special provisions and listing of County standard specifications, with fill-ins, to be incorporated in the construction contract documents; and Prepare a 100% Completion list of bid items, quantities, and a construction cost estimate for a set of signed and reproducible construction contract documents. Deliverable: 1 original 22"x 34" set and 10 copies of Plans 1 original and 10 copies of the Specification Special Provisions Construction Estimate SECTION 9.0 ENVIRONMENTAL DOCUMENTATION AND PERMITTING 9.1 BIOLOGICAL ASSESSMENT ADDENDUM The proposed project has a federal nexus, therefore, the project must document compliance with the Endangered Species Act (ESA). This task assumes that the project "may affect, but is not likely to adversely affect" federally listed species. A biological assessment (BA) has been prepared for the project but requires supplemental information based on final project design, wetland mitigation site selection and implementation, and species listings and/or proposal and critical habitat designations that have occurred over the past year. DAVID EVANS AND ASSOCIATES, INC. 17-A Scope of Services 33 This task includes a review of the BA that was recently prepared by the Lummi Indian Business Council and the Lummi Natural Resources Department. David Evans and Associates, Inc. (DEA) will prepare an addendum to the BA that includes the supplemental information previously described. The addendum will be used by Lummi Nation representatives to reinitiate consultation with the agencies. DEA will research existing literature and scientific data to determine species distribution, habitat requirements, and other pertinent biological requirements for the target species. DEA will contact the Washington Department of Fish and Wildlife (WDFW) to identify protected species occurrence in the project area, habitat requirements, and vulnerability to project -related activities. DEA will also review listed species for protection under the National Oceanic and Atmospheric Administration and Fisheries Service (NOAA Fisheries) jurisdiction, US Fish and Wildlife Service (USFWS) documentation of listed species, and the Washington Department of Natural Resources (WDNR) database for locations of listed plant species. Deliverables: Addendum to Biological Assessment 9.2 WETLAND DELINEATION This task consists of a field delineation of wetlands within the project boundaries (100' on either side of the road) and visual observations of the area outside the project boundaries to identify potential wetlands off site. During the site investigation, DEA will collect data at data plot locations representative of on -site wetlands and uplands. DEA will conduct the wetland delineation based on methodologies described in the Corps of Engineers Wetland Delineation Manual (Environmental Laboratory, 1987) and Washington State Wetlands Identification and Delineation Manual (Ecology, 1997). DEA will flag the data plot locations and the on -site wetlands at approximately 30-foot intervals (depending on the complexity of the wetland and degree of detail required). The flags will be numbered consecutively. DEA will complete a sketch map showing the approximate location of each flag for use by land surveyors. DEA will also document potential off -site wetlands and include their approximate location on the sketch map, as required by Whatcom County. DEA will flag the ordinary high water mark of any on -site streams or drainages. The information collected during the wetland delineation will be documented in a wetland delineation report. The report will include: • Brief description of on -site wetlands and drainage courses, on the property; • Wetland classification and category; • Brief wetland functional assessment; • Wildlife observed on site; • Surveyed wetland delineation map; • Potential mitigation opportunities on site; • Regulatory requirements and permitting implications; • Site photographs; and DAVID EVANS AND ASSOCIATES, INC. 18-A Scope of Services 34 • Data sheets. Deliverables: Wetland Sketch Map, Wetland Delineation Report 9.3 JOINT AQUATIC RESOURCE PERMIT APPLICATION (JARPA) DEA will prepare a JARPA to request project approval for project -related wetland impacts from the US Army Corps of Engineers (Corps), USFWS, Environmental Protection Agency (EPA), NOAA Fisheries and the Washington State Department of Ecology (Ecology). These are jointly referred to as the Agencies. DEA will prepare the JARPA with information provided by or approved by the Client. This task includes the following steps: • Assess permit strategy • Meet with client and regulatory agencies onsite • Research -interoffice communication • Prepare permit applications • Prepare specific drawings required by the regulatory agencies. Deliverables: Completed JARPA, Associated Drawings (in the Corps required format) 9.4 CORPS SECTION 404 INDIVIDUAL PERMIT PREPARATION The Corps Section 404 process to obtain an individual Permit requires a significant amount of coordination between DEA and the Agencies. This task includes a pre -application meeting with the Agencies to discuss the development proposal and mitigation options. DEA ' will coordinate with the Corps on providing adequate information for the Corps multi -purpose document consisting of an environmental assessment (EA), a public interest review, and a 404(b)(1) evaluation (alternatives analysis). Deliverables: Alternatives Analysis DAVID EVANS AND ASSOCIATES, INC. 19-A Scope of Services 35 9.5 MITIGATION SITE SELECTION, WETLAND DELINEATION AND MITIGATION PLAN PREPARATION DEA assumes that the WDFW property to the north and south of the project site are available for off site mitigation. DEA will meet with WDFW representatives and will conduct initial background research to determine if the neighboring properties have adequate mitigation potential. This task consists of a field delineation of wetlands within the mitigation area and visual observations of the area adjacent to the mitigation area boundaries to identify potential wetlands off site. During the site investigation, DEA will collect data at data plot locations representative of on -site wetlands and uplands. DEA will conduct the wetland delineation based on methodologies described in the Corps of Engineers Wetland Delineation Manual (Environmental Laboratory, 1987) and Washington State Wetlands Identification and Delineation Manual (Ecology, 1997). DEA will flag the data plot locations and the on -site wetlands at approximately 30-foot intervals (depending on the complexity of the wetland and degree of detail required). The flags will be numbered consecutively. DEA will complete a sketch map showing the approximate location of each flag for use by land surveyors. DEA will also document potential off -site wetlands and include their approximate location on the sketch map, as required by Whatcom County. The information collected during the wetland delineation will be documented in a wetland delineation report. The report will include: • Brief description of on -site wetlands and drainage courses, on the property; • Wetland classification and category; • Brief wetland functional assessment; • Wildlife observed on site; • Surveyed wetland delineation map; • Potential mitigation opportunities on site; • Regulatory requirements and permitting implications; • Site photographs; and • Data sheets. Once a site is selected for mitigation and wetland boundaries determined, DEA will prepare a brief letter and conceptual drawing for submittal to the Agencies for review. DEA will conduct one site visit with the Agencies to discuss the mitigation plan. If the Agencies approve of the mitigation site and the conceptual drawing, DEA will prepare a conceptual mitigation plan in accordance with County, Ecology, and Corps requirements and Agency suggestions made during site visits. The conceptual mitigation plan will be designed to comply with applicable jurisdictional requirements and will include proposed plant species, typical planting details, maintenance/monitoring specifications, contingency requirements, and mitigation plan drawings with proposed impact locations, mitigation location, and mitigation type. DEA will prepare two revised conceptual mitigation plans, if needed, to incorporate minor design changes requested by the local and federal agencies during permit review. DAVID EVANS AND ASSOCIATES, INC. 20-A Scope of Services 36 The final mitigation plan will incorporate comments from the agencies, planting notes and details, and more detailed drawings showing planting group locations, quantities, and habitat structures. Deliverables: Wetland Delineation Report, Wetland Sketch Map of One Mitigation Site, Conceptual Mitigation Plan, Final Mitigation Plan 9.6 WHATCOM COUNTY SHORELINE PERMIT, GRADING APPLICATION AND SEPA CHECKLIST PREPARATION DEA will prepare a Whatcom County Shoreline Application, Grading Application and a SEPA Checklist. DEA will also review appropriate agency documentation on the presence of listed species in the area and critical areas information. DEA will incorporate one set of minor revisions to the applications per the Clients request. Additional revisions shall be considered and increase in scope of services. Deliverables: Completed Shoreline Application, Grading Application, SEPA Checklist SECTION 10.0 CONSTRUCTION ADMINISTRATION SUPPORT 10.1 BID SUPPORT At the County's request, the Consultant shall provide the County with assistance during the bidding period. Assistance shall be in the areas of design decision information, interpretation of the projects plans and specification, The Consultant shall assist the County with the preparation of any contract change orders or other modifications to the construction contract. For budgeting purposes, 20 hours are anticipated for this task. DAVID EVANS AND ASSOCIATES, INC. 21-A Scope of Services 37 EXHIBIT B David Evans Associates Whatcom County Slater Road Flood Proofing As consideration for services provided pursuant to Exhibit A, Scope of Work, the county agrees to compensate the Contractor according to the hourly rates (inclusive of overhead and fee) provided below (Exhibits S and C) in the compensation summary. Other reasonable direct expenses incurred in the course of performing the duties herein, shall be reimbursed at the cost of rate listed below; printing, postage and telephone costs shall be reimbursed at the actual cost. Any work performed prior to the effective date of this contract or continuing after the completion dale of same, unless approved in writing will be at the Contractor's expense. Classification Hrs. x HR Rate = Cost 1 Principal in Charge 80 $60.00 $4,800 2 Project Manager 283 $45.00 $12,735 3 Administrative Assistant 40 $26.00 $1,040 4 Senior Professional Engineer 251 $43.00 $10,793 5 Professional Engineer 548 $40.00 $21,920 6 Design Engineer 476 $35.00 $16,660 7 CADD Designer 764 $30.00 $22,920 8 Natural Resources Manager 40 $58.00 $2,320 9 Senior Scientist 208 $40.00 $8,320 10 Scientist 608 $28.00 $17,024 11 Survey Manager 65 $48.00 $3,120 12 Project Surveyor 110 $30.00 $3,300 13 Survey Technician 180 $25.00 $4,500 14 Party Chief 200 $25.00 $5,000 15 Instrument Person 200 $18.00 $3,600 Total Hrs. 4053 Salary Cost $138,052 Overhead 173.31% $239,268 Profit 30% $41,416 Direct Non -Salary Cost Travel (Personal Miles) 200 Miles @ $0.445 /Mile $89 Northwest Safety Signs $3,900 Expenses Total $3,989 Basic Services Subtotal $422,715 SubConsultants (5% markup) GeoEngineers $79,167 Shearer Design $112,100 Northwest Hydraulics $12,229 Sub -Total $ 626,211 Contingency (15%) $93,931.67 TOTAL $ 720,143 7/28/2006 1-t3 38 G e o E n g i n e e r s Exhibit Subconsultant Fee Determination - Summary Sheet Project: Slater Road Improvements - GeoEngineers File No. 0484-061-01 Direct Salary Cost (DSC) : rates are based on an average of the project labor rates with a 5% escalation factor for year 2007 and 2008 Classification Man Hours Rate — Cost Principal in Charge 116 x $ 48.60 $ 5,637.60 Project Engineer 177 x $ 32.71 $ 5,789.23 Staff 3 Eng.ISci 17 x $ 24.51 $ 416.62 Staff 1 Eng,ISci 93 x $ 18.18 $ 1,690.32 Word Processing 28 x $ 17.20 $ 481.57 Protect Assistant 16 x $ 12.60 $ 201.60 x $ - x $ - x $ - Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of Fixed Fee (FF): Reimbursables: FF Rate x DSC of Total DSC = $ 14,216.94 199.17 % x $ 14,216.94 = $ 28,315.88 30 % x $ 14,216.94 = $ 4,265.08 Itemized Reproductions, mileage, permits = $ 500.00 Drilling Services $ 14,500.00 Dutch Cone Contractor $ 4,300.00 Traffic Control $ 5.200.00 Outside Laboratory $ 1,700.00 Sub Total = $ 26,200.00 2-6 Grand Total = $ 72,997.90 39 z on 0 =a x � w Z w d O U �u ON EXHIBIT B nhc -- Northwest Hydraulic Consultants Inc. 16300 Christensen Road, Suite 350 Seattle, WA 98188-3418 Tel. (206) 241-6000 Fax (206) 439-2420 Estimate of Professional Services Prepared for: Project: Date: Project #: Prepared By: DFA Slater Road 7I27/06 Jeff Johnson Staff Hours TASK DESCRIPTION Prfn. Sr. Eng.1 Eng. Jr. Eng. Toch.1 Clerical Totals General TAzks Obtain Date and Review Site 1 2 2 $193 Review Existing Modeling and Alternatives 1 6 $412 Revise/Retiine Modeling of Final Alternative 16 $705 Provide Hydaulic inputs for Design 4 8 $592 Document Results 2 8 2 4 $612 Meetings 8 8 $632 Administration 1 1 $104 Quality Assurance 2 $120 Total Hours and Direct Labor Cost (DL) 1 19.0 1 51.0 1 0.01 0.0 1 4.0 14.0 Direct Labor Rate ($/hr) 1 59.92 1 44.07 1 31.891 26.74 1 22.26 1 23.77 $3.570 Overhead (184.45%) $6.585 Profit (12%) $1.219 TOTAL LABOR COST $11,374 Direct Expense Detail Units Rate Cost Mileage Soo 0.445 $223 Reproduction & Communication $50 $273 Cost Summary Total Labor $11.374 Total Direct Expenses $273 TOTAL COST $11.647 4-B 41 Exhibil C FEE SCHEDULE • 2006 AUDITED COST PLUS David Evans and Associates, Inc. • Puget Sound Region Date LW Revised: J* 20. 2006 ' Fee Schedule to be adjusted Annually based on Actual Direct Labor Rates PROFESSIONAL CLASSIFICATION DIRECT LABOR OVERHEAD FEE BILLING RATE Min Max Min Max Min Max Min Max ADMINISTRATIVE Principal In Charge PICH $50.00 $76.00 $86.66 $131.72 $15.00 $22.80 $151.66 $230.52 Senior Project Manager SPJM $50.00 $70.00 $86.66 $121.32 $15.00 $21.00 $151.66 $212.32 Project Manager PMGR $25.00 $70.00 $43.33 $121.32 $7.50 $21.00 $75.83 $212.32 Executive Administrator EXAD $20.00 $40.00 $34.66 $69.32 $6.00 $12.00 $60.66 $121.32 Administrative Assistant (ADMA) $14.00 $26.00 $24.26 $45.06 $4.20 $7.80 $42.46 $78.86 Office Assistant OFFA $11.00 $16.00 $19.06 $27.73 $3.30 $4.80 $33.36 $48.53 Contract Administrator CONT $20.00 $30.00 $34.66 $51.99 $6.00 $9.00 $60.66 $90.99 Project Administrator (PADM) $14.00 $26.00 $24.26 $45.06 $4.20 $7.80 $42.46 $78.86 ENGINEERING Engineering Manager ENGM $45.00 $75.00 $77.99 $129.98 $13.50 $22.50 $136.49 $227.48 Managing Professional Engineer MGPE $35.00 $63.00 $60.66 $109.19 1 $10.50 $18.90 $106.16 $191.09 Senior Professional Engineer (SPEN) $30.00 $46.00 $51.99 $79.72 $9.00 $13.80 $90.99 $139.52 Professional Engineer (PFEN) $25.00 $42.00 $43.33 $72.79 $7.50 $12.60 $75.83 $127.39 Sr. Design Engineer (SDEN) $32.00 $40.00 $55.46 $69.32 $9.60 $12.00 $97.06 $121.32 Design Engineer (DEEN) $20.00 $36.00 $34.66 $62.39 $6.00 $10.80 $60.66 $109.19 Designer DESG) $15.00 $25.00 $26.00 $43.33 $4.50 $7.50 $45.50 $75.83 Design Technician (DETE) $10.00 $20.00 $17.33 $34.66 $3.00 1 $6.00 $30.33 $60.66 3D CADD Simulation Technician (CA31) $22.00 $32.00 $38.13 $55.46 $6.60 $9.60 $66.73 $97.06 Sr. CADD Technician (SCAD) $22.00 $35.00 $38.13 $60.66 $6.60 $10.50 $66.73 $106.16 CADD Technician CADD $12.00 $25.00 $20.80 $43.33 $3.60 $7.50 $36.40 $75.83 CADD Designer CDSN $20.00 $31.00 $34.66 $53.73 $6.00 $9.30 $60.66 $94.03 GIS GIS Manager (GISM) $32.00 $40.00 $55.46 $69.32 $9.60 $12.00 $97.06 $121.32 Sr. GIS Specialist SGIS $24.00 $32.00 $41.59 $55.46 $7.20 $9.60 $72.79 $97.06 GIS Specialist GISS) $18.00 $25.00 $31.20 $43.33 $5.40 $7.50 $54.60 $75.83 G[S Technician (GIST) $12.00 $19.00 $20.80 $32.93 $3.60 $5.70 $36.40 $57.63 HYDROGRAPHIC SURVEYING H dro ra hic Survey Manager HYSM $35.00 $45.00 $60.66 $77.991 $10.50 $13.50 $106.16 $136.49 H drogra her HYDR $20.00 $35.00 $34.66 $60.66 $6.00 $10.50 $60.66 $106.16 H dro ra hic Technician HYDT $10.00 $20.00 $17.33 $34.66 $3.00 $6.00 $30.33 $60.66 LANDSCAPE ARCHITECTURE Landscape Architecture Manager LAMN $30.00 $40.00 $51.99 $69.32 $9.00 $12.00 $90.99 $121.32 Sr. Landscape Architect SLAN $27.00 $37.00 $46.79 $64.12 $8.10 $11.10 $81.89 $112.22 Landscape Architect LAAR $23.00 $29.00 $39.86 $50.26 $6.90 $8.70 $69.76 $87.96 Sr. Landscape Designer ($LAD) $19.00 $30.00 $32.93 $51.99 $5.70 $9.00 $57.63 $90.99 Landscape Designer LADE $16.00 $24.00 $27.73 $41.59 $4.80 $7.20 $48.53 $72.79 Landscape Technician LATE $12.00 $18.00 1 $20.80 $31.20 $3.60 $5.40 $36.40 $54.60 NATURALRESOURCES Natural Resources Manager NATR $40.00 $52.00 $69.32 $90.12 $12.00 1 $15.60 $121.32 $157.72 Managing Scientist MSCI) $38.00 $50.00 $65.86 $86.66 $11.40 1 $15.00 $115.26 $151.66 Sr. Scientist SSCI $25.00 $40.00 $43.33 $69.32 $7.50 $12.00 $75.83 $121.32 Scientist SCI $15.00 $28.00 1 $26.00 $48.53 $4.50 $8.40 $45.50 $84.93 Field Scientist FSCI $8.00 $15.00 $13.86 $26.00 $2.40 $4.50 $24.26 $45.50 Sr. Environmental Planner SEVP $29.00 $40.00 $50.26 $69.32 $8.70 $12.00 $87.96 $121.32 Environmental Planner ENVP $15.00 $31.00 $26.00 $53.73 $4.50 $9.30 $45.50 1 $94.03 t-C EVA Exhibit C FEE SCHEDULE - 2006 AUDITED COST PLUS David Evans and Associates, Inc. - Puget Sound Region Oele Leal Revised: July 20. 2005 Fee Schedule to be adjusted Annually based on Actual Direct Labor Rates PROFESSIONAL CLASSIFICATION DIRECT LABOR OVERHEAD FEE BILLING RATE Min Max Min Max Min Max Min Max WATER RESOURCES Water Resources Manager WRDM $40.00 $60.00 $69.32 $103.99 $12.00 $18.00 $121.32 $181.99 Water Resources Engineer WREN $32.00 $45.00 $55.46 $77.99 $9.60 $13.50 $97.00 $136.49 PLANNING Planning Manager PLNM $45.00 $55.00 $77.99 $95.32 $13.50 $16.50 $136.49 $166.82 Sr. Planner SPLN $25.00 $50.00 $43.33 $86.66 $7.50 $15.00 $75.83 $151.66 Planner PLNR $15.00 $25.00 $26.00 $43.33 $4.50 $7.50 $45.50 $75.83 Entry Planner EPLN $12.00 $15.00 $20.80 $26.00 $3.60 $4.50 $36.40 $45.50 Planning Intern PLNI $8.00 $12.00 $13.86 $20.80 $2.40 $3.60 $24.26 $36.40 PUBLIC RELATIONS Public Relations Manager PRMR $30.00 $45.00 $51.99 $77.99 $9.00 $13.50 $90.99 $136.49 Public Relations Coordinator (PRCO) $15.00 $30.00 $26.00 $51.99 $4.50 $9.00 $45.50 $90.99 Public Relations Assistant (PRAS) $12.00 $15.00 $20.80 $26.00 $3.60 $4.50 $36.40 $45.50 Sr. Graphic Specialist (SGRP) $18.001 $30.00 $31.20 $51.99 $5.40 $9.00 $54.60 $90.99 Graphic Specialist GRPH $12.00 $18.00 $20.80 $31.20 $3.60 $5.40 $36.40 $54.60 SURVEYING Survey Manager (SVYM) $39.00 $60.00 $67.59 $103.99 $11.70 $18.00 $118.29 $181.99 Sr. Professional Land Surveyor SPLS $32.00 $53.00 $55.46 $91.85 $9.60 $15.90 $97.06 $160.75 Professional Land Surveyor PLSU $20.00 $40.00 $34.66 $69.32 $6.00 $12.00 $60.66 $121.32 Project Surveyor (PSVR) $22.00 $35.00 $38.13 $60.66 $6.60 $10.50 $66.73 $106.16 Survey Technician SVTE $14.00 $30.00 $24.26 $51.99 $4.20 $9.00 $42,46 $90.99 Party Chief PCHF $15.00 $28.00 $26.00 $48.53 $4.50 $8.40 $45.50 $84.93 Instrument Person INST $10.00 $24.OQ $17.33 $41.59 $3.00 $7.20 $3Q.33 $72.79 Overhead Rate: 173.31% of Direct Labor Fee Rate (Overhead + Mrect labor) 30.00% Total 303.31% of Direct Labor 2-C 43 Exhibit C GeoEnglneers, Inc. Whatcom County Labor Rates 1"ul-06 Staff Category Labor Rates Min. Max. Overhead-199.17% Min. Max. 30% Fixed Fee Min. Max. Ali Inclusive Hourly Billing Rat Min. Max. Principal $ 48.60 $ 58.30 $ 96.80 $ 116.12 $ 14.58 $ 17.49 $ 159.98 $ 191.91 (Principal capped at $160.00) Project EngineerlScientist $ 31.15 $ 34.27 $ 62.04 $ 68.25 $ 9.35 $ 10.28 $ 102.54 $ 112.79 Engineer/Scientist 3 $ 23.34 $ 25.67 $ 46.49 $ 51.13 $ 7.00 $ 7.70 $ 76.83 $ 84.51 Engineer/Scientist 1 $ 17.31 $ 19.04 $ 34.48 $ 37.92 $ 5.19 $ 5.71 $ 56.98 $ 62.68 Ward Processing $ 16.38 $ 18.02 $ 32.62 $ 35.89 $ 4.91 $ 5.41 $ 53.92 $ 59.31 Project Assistant $ 12.00 $ 13.20 $ 23.90 $ 26.29 1 $ 3.60 $ 3.96 $ 39.50 $ 43.45 Note 1: Upper end of each labor rate range includes a 5% escalation factor for Year 2007 and Year 2008. Note 2: Profit factor applied to direct labor rates. K50 Discipline or Job Title Principle Project Engineer Cad Drafter Name Hourly Overhead @ Profit @ Rate Per Rate 99.00% 30.00% Hour Shearer $49.00 $48.61 Lindstrom $25.00 $24.75 Jensen $28.00 $27.72 $14.70 $112.21 $7.50 $57.25 $8.40 $64.12 45 Exhibit C Northwest Hydraulic Consultants Consultant Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule Discipline or Job Title Hourly Rate Overhead @ 184.45% Profit @ 12% (on hourly rate lus overhead Rate Per Hour Principal 59.92 110.52 20.45 190.89 Senior Engineer 44.07 81.29 15.04 140.40 Engineer 31.89 58.82 10.88 101.59 Junior Engineer 26.74 49.32 9.13 85.19 GIS Specialist 27.82 50.32 9.38 87.52 Technician 22.28 41.10 7.60 70.99 Junior Technician 15.00 27.67 5.12 47.79 Admin/Clerical 23.77 43.84 8.11 75.72 4-C M WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2006-327 CLEARANCES Initial Date Date Received in Council Office A e►ida Date Assigned to: Originator: Roland Middleton R R 0�� �� ��1� L _ L ice' � qq fln AUG 0 1 2006 WH ATCO R IVn COUNTY YV i'1CO COUNCIL 1CIL 8!8lQb Finance/Counc Division Head: Dept. HenJe Monsen '�� �IZ� o Prosecutor Daniel Gibson: Q �I� DU Purchasin /Bud et: / Executive: $� TITLE OF DOCUMENT. Birch Bay Shoreline Enhancement Project Professional Services Agreement with Philip Williams & Associates, Ltd. ATTACHMENTS: 1. Cower Memo 2. Contract Information Sheet 3. Contract for Services Agreement SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Professional services contract to study Shoreline Enhancement in Birch Bay. This first phase will include a review of current conditions, Charette, and feasibility report to the County. COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County `s website at. wwwco.whatcom.wa.us/counciL 47 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JEFFREY M. MONSEN, P.E. Director M E M O R A N D U M TO: FROM: RE: DATE: ADMINISTRATION CIVIC CENTER 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 676-6692 or (800) 676-6757 FAX: (360) 738-4561 www.whatcorncounty.us The Honorable Pete Kremen, Whatcom County Executive and Honorable Members of the Whatcom County Council Jeffrey M. Monsen, P.E. Birch Bay Shoreline Enhancement Project Professional Services Contract with Philip Williams & Associates, Ltd. July 27, 2006 RECEIVED J U L 2 8 2006 PETE KREMEN COUNTY EXECUTIVE Enclosed for your review and signature are two (2) originals of a professional services contract between Philip Williams & Associates, Ltd and Whatcom County. • Requested Action Public Works respectfully requests that the County Council authorize the County Executive to enter into a contract in the amount of $49,880.00 with Philip Williams & Associates for the Birch Bay Shoreline Enhancement Project. • Background and Purpose This project was originally identified in the Birch Bay Subarea Plan as the Beachfront Promenade. The focus evolved as additional goals and objectives were added to the project. The Subarea plan described the project as: "Working with the appropriate County and State agencies, retain a civil engineer for final design of a promenade and a berm along Birch Bay Drive. Seek State and Federal funding for construction of the berm. Construct the berm and promenade along Birch Bay Drive. " The Birch Bay Shoreline Enhancement Special Project is coordinated with the Birch Bay Shoreline Enhancement Subcommittee of the Birch Bay Steering Committee. • Funding Amount and Source The funding for this contract has been approved for in the Road Fund budget due to the need to determine, through this feasibility study, whether protection of the road is advised. Any future project funding would be applied appropriately as determined by the feasibility study directive. Please contact me at extension 50678 or Roland Middleton at extension 50211 if you have any questions or concerns regarding the terms of this agreement. Enclosure WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. a o o (0') 0 I.5 Ori inatin Department: Public Works Contact Person: Roland Middleton Contractor's Name: Philip Williams & Associates, Ltd. Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes X No Yes No If an Amendment, previous number(s): Is this a renewal? Yes _ _ No Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15,000 or a Bid is more than and any prior amendments) $35,000, please submit an Agenda Bill for Council approval and a supporting $ 49,880.00 memo. Any amendment that provides either a 10% increase in amount or more This Amendment Amount: than $10,000, whichever is greater, must also go to Council and will need an $ agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: Executive with supporting memo for approval. Scope of Services Professional services contract to study Shoreline Enhancement in Birch Bay. This first phase will include a review of current conditions, Charette, and feasibility report to the County. Nature of Contract Amt: ( Check one) Fixed Amount Not to Exceed X Open Ended Term of Contract: Expiration Date: December 31, 2007 Renewal Option Yes _ No _ Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routing Stevs & Sienoff.• fsien or initiall (indicate date transmitted 1. Prepared by: Penny Harrison Date [electronic] 2. Attorney reviewed: L. Gibson Date_07124106_ [electronic] _Daniel 3. AS -Finance rewiewed: �3��`] Date cl ZZ gr,G felectronicl 4. Corrections made: Date electronic] hard copy printed 5. Attorney signof ..• Date 07 � (a L 6. Contractor signed: ,i Date 7-27-o(0 7. Submitted to Exec Office Date 7-gK-0b Csummary via electronic; hardcopies] 8. Reviewed by DCA Date 9. Council approved (if necessary) Date 10. Executive signed: Date 11. Contractor Original Returned to dept, Date 12. County Original to Council Date this form may need to expond to more Than one poge (,%,OtJNTY ORIGINAL CONTRACT FOR SERVICES AGREEMENT Birch Bay Shoreline Enhancement Project Whatcom County Contract No. '200007015 Philip Williams & Associates, Ltd , hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 7 Exhibit A (Scope of Work), pp. 8 to 11 Exhibit B (Compensation), pp. 12 to 15 Exhibit C (Certificate of Insurance), pp. 16 . Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 8th day of August , 2006, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 th day of December, 2007. The general purpose or objective of this Agreement is to: provide a feasibility report for the Birch Bay Shoreline Enhancement proiectb, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $ 49,880 . The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of 20 CONTRACTOR: mms & As ciates Ltd vr , , r,:�k Steven . Terusaki, reside t & CEO STATE OF CALIFORNIA ) ) ss. COf1NTYOF M(A5(,o ) On this;2701day of �R 20 q, before me personally appealV Steven H. Terusaki, to me known to be the President (title) of Philip Williams & Associates, Ltd(Company) and who executed the abo a strument and who acknowledged to me the act of signing and sealing thereof. NO44RY F5TBLIC in and for the State of a ifornia, residing at Sav, 'FyeAnG15" , aik My commission expires a 10 . CHARLES J, 2HANG _ Commission # 1658229 -� Notary Public - Calffornla . San Francisco County My Comm. Expires May 11, 2010 Contract for Services Agreement Birch Bay Shoreline Enhancement Project Page 1 v 1.0 50 WHATCOM COUNTY: Recommended for Approval: W4�ZrhtlY�21g�_ 7/z 8/06 Jeff MoR440ki5irector Date Approved as to form: Prosecuting Attorney Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 J before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: Philip Williams & Associates, Ltd Steven H. Terusaki, President & CEO Bob Battalio, Project Engineer/Principal Steve Crooks, Project Manager 720 California Street San Francisco, CA 94108 (415)262-2300 (415) 262-2303 FAX b.baftalion@pwa-ltd.com s.crooks@pwa-Itd.com Contract for Services Agreement Birch Bay Shoreline Enhancement Project Page 2 v 1_0 51 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination. 10.1 Term; Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: Not Applicable 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience; shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in wrifing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the Counts customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout Contract for Services Agreement Birch Bay Shoreline Enhancement Project Page 3 v 1.0 52 the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractors failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no, penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with state and federal requirements, as applicable, pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights -or privileges afforded to employees of the County. The Contractor represents that he/sheAt maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. Contract for Services Agreement Birch Bay Shoreline Enhancement Project Page 4 v 1.0 53 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor andlor its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.2 PatentlCopyright Infringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: A. The Contractor shall be notified promptly in wrifing by the County of any notice of such claim. B. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County. 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnity and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. if no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Tide 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of,enlering into this contract, except as expressly provided herein. Contract for Services Agreement Birch Bay Shoreline Enhancement Project Page 5 v 1.0 54 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by.them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: Not Applicable 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United Stales of America, the Stale of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and -documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Roland Middleton, Special Projects Manager Whatcom County Planning & Development Services 322 N. Commercial, Suite 110 Bellingham, WA 98225-4042 360.676.6876 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor forall purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Contract for Services Agreement Birch Bay Shoreline Enhancement Project Page 6 v 1.0 55 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 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. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1; 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Agreement Birch Bay Shoreline Enhancement Project Page 7 v 1.0 56 EXHIBIT "A" (Scope of Work) Philip Williams & Associates, Ltd. (PWA) & Consultant Team Birch Bay Shoreline Enhancement Project July 18, 2006 Scope of Work This Scope of Work was developed by PWA and sub -consultants (Consultant Team) and Whatcom County (County) for Phase 1 of the Birch Bay Shoreline Enhancement Project, as described further in Project Phasing and Consultant Team Roles, below. Project Phasing and Consultant Team Roles This proposed scope of work is based on the following project phasing: Phase 1 — Conceptual Alternatives (Charette) Phase 2 — Feasibility Analysis (Preliminary Design) Phase 3+ — Design, etc to be determined The scope of work is provided for Phase 1 only. Phase 2 Scope will be developed after Phase 1 is substantially completed or as appropriate. Subsequent Phases are to be determined. Consultant Team and Roles Philip Williams & Associates, Ltd. (PWA) Prime — Team Manager, Coastal I Civil Engineering and Geomorphology Lead — Waterside Analysis Adolfson Associates (Adolfson) Assistant Team Manager, Planning, Environmental Lead — Land Use Planning, Environmental, Regulatory Coastal Geologic Services (CGS) Coastal Geology 1 Processes Assist — Waterside Analysis David Evans and Associates (DEA) General Civil and Utilities Engineering Lead — Land Side Analysis. Geiger Engineers (Geiger) Structural I Civil Engineering and Waterfront Facilities Assist — Land Side and Water Side analysis The following is a listing of Consultant Team roles by Task, identifying which team members will perform lead (•) and support (o) roles. Contract for Services Agreement Birch Bay Shoreline Enhancement Project Page 8 v 1.0 57 Task Description PWA Adolfson CGS DEA Geiger Phase 1: Conceptual Alternatives (Charette) 1 Project Initiation / Management o 2 Existing Conditions 0 0 0 3 Water Side Analysis o 4 Land Side Analysis o o 5 Land Use Planning I Environ. I Regulatory o 0 6 Charette 0 o 7 Alternatives Formulation a 0 0 8 Reporting a 0 0 0 0 Phase 2: Feasibility Analysis (Preliminary Design) 9 Existing Conditions, Opportunities and Constraints a 0 0 0 0 10 Water Side Analysis a 0 0 11 Land Side Analysis o o 12 Land Use Planning I Environ.l Regulatory o • 0 0 13 Alternatives Formulation 0 0 0 0 14 Workshop 0 0 0 0 15 Alternatives Evaluation 1 Feasibility 0 0 0 0 0 16 Preliminary Design • 0 0 0 0 17 Workshop 0 0 0 0 18 Reporting 0 0 0 0 0 General Assumptions ■ Whatcom County will assist by providing information and coordination with the public. ■ Initial (Phase 1) technical work will focus primarily on the water side in order to address feasibility of building shore water -ward to different extents. ■ Land side property ownership and easements do not need to be resolved in Phase 1. The County will provide information allowing characterization of land use opportunities and constraints, and assist in formulating strategies for project alternatives. ■ The County will provide logistical support for the Phase 1 Charette and public workshops Telated to securing meeting space and providing mailing lists for invitees. The consultant team will take the lead on other logistical elements including preparing advertisement materials. ■ The photography and mapping products from the County 1 FEMA flood study can be used or similar site data are available for development of a site map and to define existing conditions. The County's Pictometry data set and software will be available to the Consultant team for use during this project. We have also made assumptions specific to each task are also provided below. Our scope of services is described below and the associated budget and proposed schedule are provided in other sections. Phase 1: Conceptual Alternatives (Charette) Task 1 — Project Initiation and Management Contract for Services Agreement Birch Bay Shoreline Enhancement Project Page 9 v 1.0 58 PWA will manage the consultant team and report to the County. Adolfson will provide an Assistant Project Management role. Prior to project initiation, a meeting will be held to discuss the agreement for professional services, including roles and responsibilities, scope, budget, schedule and agreement language. The project will be initiated with a kickoff meeting attended by the County and Consultant team in the vicinity of Bellingham or Birch Bay. Task 2 — Existing Conditions The PWA team will develop a description of Existing Conditions based on readily available information. A Site Map will be developed to serve as a base for analysis and presentation in Phase 1. Mapping information from the County 1 FEMA flood study will be used and or other similar that are assumed to be readily available. Key spatial elements pertinent to future (Phase 2) Task 3. Water Side Analysis, Task 4. Land Side Analysis and Task 5 Land Use I Environ I Regulatory may also be added, as appropriate, to facilitate the Charette. A site visit will be accomplished to observe conditions. Up to two informal meetings will occur if appropriate and practicable on the same day as the site visit: one with County staff and with Committee representatives. Coastal processes of Birch Bay will be described based on a review of readily available prior studies. An annotated bibliography will be produced. Historic shoreline conditions will be characterized using historic government maps (such as navigation and topographic charts) and aerial photographs (a 1950's set is expected to be available), to the extent practicable within the budget and times frames of Phase 1. Similarly, Land Use, Environmental Setting and Regulatory Framework will be summarized based on existing information. Task 3 — Water Side Analysis No Scope — See Task 2 Task 4 —Land Side Analysis No scope — See Task 2 Task 5 — Land Use Planning, Environmental Review and Regulatory Feasibility No Scope — See Task 2 Task 6— Charette PWA, Adolfson and CGS will participate .in'the Charette to be sanctioned by the County. The Charette will gather input from the Birch Bay Shoreline Enhancement Subcommittee, adjacent property owners, and other stakeholders in order to develop conceptual altematives for subsequent (Phase 2) analysis. It is anticipated that the study area will be separated into two shoreline reaches: Cottonwood Reach: Primarily private, residential property. Possibly more natural shore treatment with fewer formal public amenities I public works facilities. Central Reach: Primarily commercial property. Possibly more public facilities to attract public to more commercial, visitor serving area. The Charette requires Organization, Preparation and the Charette itself as described below: Organization: Adolfson will .work with the County (with assistance from PWA and CGS) to plan and organize the Charette, including advertisement, scheduling, location, support. Contract for Services Agreement Birch Bay Shoreline Enhancement Project Page 10 v 1.0 59 Preparation: PWA, with support from Adolfson and CGS, and the County will develop a read -ahead and or presentation materials for the Charette. Charette: A one -day effort in Birch Bay is anticipated to cover setup and rehearsal and the Charette. Participants in the half -day Charette will be determined by the County, are expected to include invited individuals consisting of the County and consultant team, adjacent landowners, and regulatory 1 resource agency representatives. in genera[, the Charette will likely be organized as follows: Orientation: Discuss purpose of Charette. Provide background information on project and existing conditions, including coastal processes. Describe planning framework and process. Provide rough draft list of project Goals, Objectives, Opportunities and Constraints and Elements. Shoreline Reach Workshops: Split into two groups by Shoreline Reach: Cottonwood and Central. Solicit input on elements, opportunities and constraints. Summary and Closure: Combined summary of progress made and closure of the Charette. Task 7 — Alternative Formulation - Conceptual No Scope, see Task 8. Task 8 — Reporting The PWA team will develop a report documenting the Charette and background work accomplished in Phase 1. A brief description of possible conceptual alternatives will be provided. Recommendations for Phase 2 will be provided. Three submittals will be made: Administrative Draft, Draft and Final. One Reproducible and 10 bound copies will be provided at each submittal. An electronic version can also be provided for each. Phase 2: Feasibility Analysis 1 Preliminary Design — Potential Additional Work 1 Contract Amendment Phase 2 is expected to develop. and evaluate the Phase 1 Conceptual Alternatives, help the County select a preferred alternative, and provide a preliminary design of the preferred alternative. The Preliminary design will be sufficient to identify required environmental, regulatory, funding and schedule requirements, and will serve as the basis for initiation of final design activities. If the County decides to pursue Phase 2, the scope, budget and schedule for Phase 2 will be developed after Phase 1 is sufficiently completed. No budget is included for Phase 2 at this time. Schedule The estimated schedule is as follows: Item Date Start Work August 9, 2006 Site Visit Week of Au ust 21, 2006 Charette September 16, 2006 Draft Phase 1 Report October 4, 2006 Final Phase 1 Report November 1, 2006 Phase 2 Start- To be determined Fee The estimated Fee is detailed in Exhibit "B" (Compensation). The actual distribution of charges may differ from the estimate, but the total will not be exceeded without prior written agreement from the County. Contract for Services Agreement Birch Bay Shoreline Enhancement Project Page 11 V 1.0 60 EXHIBIT "B" (Scope of Work) Philip Williams & Associates, Ltd. (PWA) & Consultant Team Birch Bay Shoreline Enhancement Project July 18, 2006 As consideration for the services provided pursuant to Exhibit A, Scope of Work, the county agrees to compensate the contractor according to the hourly rates provided in the above project budget. Other reasonable expenses incurred in the course of performing the duties herein shall be reimbursed. Mileage at 44.5 cents per mile. Other expenditures such as printing, postage and telephone charges shall be reimbursed at actual cost plus 10%. Any work performed prior to the effective date of this contract or continuing after the completion date of the same unless otherwise agreed upon in writing, will be at the contractor's expense. BUDGET SUMMARY Birch Bay Shoreline Enhancement Project TEAM MEMBER NO NAME / DESCRIPTION PWA Adolfson CGS Sub -Total per Task PHASE 1: Conceptual Alternatives I Charette 1 Project Initiation 1 Management $2,420 $2,200 $880 $5,500 2 Existing Conditions - existing information/data $8,200 $6,160 $4,290 $18,650 Base map and site features site visit / meetings coastal processes summary land use /environmental regulatory summary 3 Waterside Analysis $0 $0 $0 $0 Initial Equilibrium Shoreline /Profile Analysis Initial Coastal Flooding Analysis Waterside Opportunities and Constraints 4 Landside Analysis $0 $0 $0 $0 Landside Opportunities and Constraints 5 Land Use Planning / Environmental Review / Regulatory Feasibility $0 $0 $0 $0 Opportunities and Constraints 6 Charette $5,060 $7,700 $2,530 $15,290 organization preparation Charette 7 Alternatives Formulation - Conceptual $0 $0 $0 $0 8 Reporting $3,4701 $1,320 $1,650 $6,440 PHASE 2: Feasibility Analysis, Preliminary Design Phase 2 to be detailed at the completion of Phase 1 - no budget or scope included at this time 9 Existing Conditions, Opportunities and Constraints $0 10 Waterside Analysis $0 11 Landside Analysis $0 12 Land Use Planning / Environmental Review / Regulatory Feasibility $0 13 Alternatives Formulation - Conceptual $0 14 Reporting $0 Labor Subtotal $19,160 $17,380 $9,350 $45,880 Expenses $2,500 $1,100 $400 $4,000 TOTAL ESTIMATED FEE 1 $21,660 $18,4801 $9,7601 $49,880 Contract for Services Agreement Birch Bay Shoreline Enhancement Project Page 12 v 1.0 61 VPPWA P".".. WILLIAMS & ASSOCIATES. LTP ESTIMATED FEES Birch Bay Shoreline Enhancement Project July 13, 2006 Sub -Total Graphics/ Labor Fee Sub -Total Sr. Hydro- CADD Desktop per Sub Labor Fee NO. TASK Principal Associate logist II Production Publishing Task per Task NAME l DESCRIPTION ($/hour for 2006) $190 $140 $100 $88 $78 PHASE 1 1: Conceptual Alternatives ! Charette Project Initiation I Management 6.0 8.0 2.0 $2,420 $2,420 2 lExistinci Conditions - existing information I data $ $8,200 Base mpp and site features 4.0 8.0 16.0 $2,770 site visit / meetings 8.0 2.0 4.0 $2,110 coastal processes summary 4.0 4.0 20.0 $3.320 land use / environmental / re ulato summary $ 3 Waterside Analysis $0 $0 Initial Equilibrium Shoreline / Profrle Anal sis $0 Initial Coastal Flooding Analysis $0 Waterside Opportunities and Constraints $0 4 Landside Analysis $ L $0 Landside Opportunities and Constraints $0 5 Land Use Planning / Environmental Review 1 Regulatory Feasibility $0 $0 and Constraints $0 -Opportunities 6 Charette $0 $5,06 organization 2.0 4.0 $94 re aration 2.0 4.0 8.0 8.0 2.0 $2,600. Charette 8.0 $1,520 7 Alternatives Formulation - Conceptual $0 $0 8 Reporting 2.0 8.0 8.0 8.0 6.0 $3,470 $3,47 PHASE 2: Feasibility Analysis, Preliminary Design Phase 2 to be detailed at the completion of Phase 1 9 ExistingConditions, Opportunities and Constraints $ $ 10 Waterside Analysis $0 $ 11 Landside Analysis $0 $ 12 Land Use Planning / Environmental Review / lReguiatory Feasibility $0 $0 13 Alternatives Formulation - Conceptual $0 $ 14 Re orting $0 $ Labor Subtotal 32.0 34.0 44.0 32.0 14.0 $19,150 $19,100 Expenses $2,5001 $2,50 TOTAL ESTIMATED FEE 6,080.0 4,760. 4,400. 2,816.0 1-,092.0 $21,6501 $21,600 Contract for Services Agreement Birch Bay Shoreline Enhancement Project Page 13 v 1.0 W Adolfon - ESTIMATED FEES Birch Bay Shoreline Enhancement Project July 13, 2006 Sr Project . Staff Sub -Total Sub -Total NO. TASK Manager/ Sr. Scientist! Editor/Gr Labor Labor Fee Sub -Total Principal/ Margaret Planner/ Aaron aphicsl Hours per per Sub Labor Fee NAME/DESCRIPTION Dave C Clancy Ann Root Booy Admin Task Task per Task ($/hour for 2006) 165 135 1.10 50 78 'HASE 1: Conceptual Alternatives I Charette 1 Project Initiation I Management 4 8 2 2 16 $2,000 $2,000 2 Existing Conditions - existing information / data 0 $0 $5,600 Base map and site features 0 $0 site visit/meetings 8 8 $1,100 coastal processes summary 0 $0 land use / environmental / regulatory summary 8 10 8 16 2 44 $4,500 3 Waterside Analysis $ $0 Initial Equilibrium Shoreline / Profile Analysis $0 Initial Coastal Flooding Analysis 0 $ Waterside Opportunities and Constraints 0 $ 4 Landside Analysis 0 $0 $0 Landside Opportunities and Constraints 0 $0 5 Land Use Planning I Environmental Review / Regulatory Feasibility 0 $0 $0 Opportunities and Constraints 0 $0 6 Charette 1 0 $ $7,000 organization 4 4 8 $70 preparation 2 8 8 8 20 46 $4,30 Charette 8 8 16 $2,00 7Alternatives Formulation - Conceptual 0 $0 $0 8 Reporting 2 4 4 2 12 $1,200 $1,200 TOTAL 16 50 24 34 26 150 $15,80 CHASE 2: Feasibility Analysis, Preliminary Design 0 $0 Ohase 2 to be detailed at the completion of Phase 1 $ 9 Existing Conditions, Opportunities and Constraints 0 $ $0 10 Waterside Analysis $0 $0 11 Landside Analysis 0 $ $0 12 Land Use Planning I Environmental Review / Requiatory Feasibility 0 $ $0 13 Alternatives Formulation - Conceptual 0 $ $0 14 Reporting 0 $0 $0 Labor Subtotal 16 50 24 34 26 $15,800 $15,800 Ekpenses $1,000 $1,000 TOTAL ESTIMATED FEE 7920 20250 7920 5100 6084 300 i $16,800 $16,800 Contract for Services Agreement Birch Bay Shoreline Enhancement Project Page 14 v 1.0 63 Sub -Total NO. TASK - CGS Labor Fee Sub -Total Desktop per Sub Labor Fee NAME 1 DESCRIPTION Principal Associate Publishing Task per Task ($/hour for 2006) $105 $65 $65 PHASE 1 1: Conceptual Alternatives 1 Charette Project Initiation 1 Management 8 80 $800 �Existing Conditions - existing information 1 data 0 $3,900 Base map and site features 8 4 1,100 site visit I meetings 8 0 800 coastal processes summary 11 8 5 2,000 land use /environmental /regulatory summary 0 0 3 Naterside Analysis 0 $0 Initial Equilibrium Shoreline % Profile Analysis Initial Coastal Flooding Analysis 0 Waterside Opportunities and Constraints 0 Landside Analysis 0 $0 Landside Opportunities and Constraints 5 Land Use Planning / Environmental Review I Regulatory Feasibility 0 $0 Opportunities and Constraints 0 Charette 0 $2,300 organization 2 200 preparation 12 1,30 Charette 8 80 7 Alternatives Formulation - Conceptual 0 $0 8 eporting 8 6 4 1,500 $1,500 PHASE 2: Feasibility Analysis, Preliminary Design $0 Phase 2 to be detailed at the completion of Phase 1 $0 9 Existing Conditions, Opportunities and Constraints $0 $0 10 Waterside Analysis $0 $0 11 Landside Analysis $ $0 12 Land Use Planning 1 Environmental Review 1 Regulatory Feasibili $ $0 13 kiternatives Formulation - Conceptual $ $0 14 Reporting $ $0 Labor Subtotal 65.0 18.0 9.0 $8,500 $8,600 Expenses $40 $400 TOTAL ESTIMATED FEE 6,825.0 1.170.01 585.0 $8,9001 $9,000 Contract for Services Agreement Birch Bay Shoreline Enhancement Project Page 15 v 1.0 64 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2006-328 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 4112 Originator: GW 818106 Finance I Counc AUG 0 1 2006 WHATCCM COUNTY COUNCIL Division Head. De t. Head: Prosecutor: y Purchasin /Bud : 7`1% LYE Executive: / .rQ� �!� TITLED DOCUMENT: Contract agreement between Whatcom County and Whatcom Counseling & Psychiatric Clinic. ATTACHMENTS: Memo to Executive Contract Information Sheet 2 Contract Agreements SEPA review required? ( ) Yes { X ) NO Should Clerk schedule a Bearing ? ( } Yes (X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Agreement to provide Mental Health Jail Services as a part of the Whatcom County Jail Diversion Project. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract ##: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: wyviv.co.wliatcontwa.us/council. 65 WHATCOM COUNTY Health Dept. 509 Girard Street Bellingham, WA 98225-4005 TO: FROM: RE: DATE: �C'0 M �O � Gy 0 9`ShT I N G'� MEMORANDUM Pete Kremen, County Executive Regina A. Delahunt, Director Regina A. Delahunt Director RECEIVED J LI L 2 7 2096 PETEKREMEN COUNTY EXECUTIVE Whatcom Counseling & Psychiatric Clinic —Jail Diversion Project July 25, 2006 Enclosed are two (2) originals of the Jail Diversion Project contract between Whatcom County and Whatcom Counseling and Psychiatric Clinic for your review and signature. ■ Background and Purpose This contract is based upon NSMHA-Whatcom County -Jail Services Contract-06, Amendment 1 and Whatcom County RFP 06-29. Services provided with this funding will facilitate the safe transition of mentally ill offenders into community services. The contract is the first phase of a multi phase effort to transform the connection between county criminal justice services, community behavioral health providers, housing and entitlement services. Funding Amount and Source Funding for this contract is provided by the Washington State Legislature (ESSB 6090, Sec 204 Subsection 1 (h): to facilitate community mental health services for mentally ill offenders while confined in the county jail and upon their release. Funding may not supplant county funded jail services in effect in April 2005. An Agenda Bill is enclosed for Council approval. ■ Differences from Previous Contract This is a new contract with funding provided under a contract from the North Sound Mental Health Administration. Please contact Gary Williams at extension 30693, if you have any questions or concerns regarding the terms of this agreement, Encl. .: WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. a00690700 Originating Department: Health Contact Person: Gary Williams Contractor's Name: Whatcom Counseling & Psychiatric Clinic Is this a New Contract? If not, is -this -an Amendment to an Existing Contract? Yes x No _ Yes No x If an Amendment, previous number(s): Is this a renewal? Yes _ No x_ Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15, 060 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $_229,577 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval.. Scope of Services To provide Mental Health Jail Services as a part of the Whatcom County Jail Diversion Project. The contractor shall: (1) Coordinate with local law enforcement and courts to divert and or establish a facilitated post release referral to mental health services for mentally ill offenders. (2) Execute Memorandums of Understandings with law enforcement, Community Support Offices (DSHS). (3) Enter all required data (Encounter Data) into the Mental Health Management Information System. (4) Meet all applicable sub contractor requirements established in the General Terms and Conditions in the 2006 NSMHA-Whatcom County Jail Services Contract. ' (5) Jail Diversion Project shall include service elements listed in Exhibit A. Contractor (6) Nature of Contract.4mt: (Check one) FixedAmount x Not to Exceed _ Open Ended Term'of Contract 711106 6130107 Expiration Date: June 30 2007 Renewal Option Yes x No Last Renewal Expires: June 30, 2009 Special Dates or clauses that require calendaring: Contract Routing Steps & Signoff !sign or initial! (indicate date transmitted 1. Prepared by: _Gary Williams Date (electronic) 2. Attorney reviewed: rjw Date _7113106 (electronic) 3. AS -Finance reviewed: _bbennett Date_7117106 [electronic] 4. Corrections made: Date electronic] hard copy printed 5. Attorney signoff Date '� L 2I _ L 6. Contractor signed: ,/ Date_7121106 7. Submitted to Exec O c ✓ Date 7-.97-o& summary via electronic; hardcopies] 8. Reviewed by DCA Date 9. Council approved (i ecessary) Date 10. Executive signed: _ IL Contractor Original Returned to dept; 12. County Original to Council Date Date Date this form may need to expand to more than one page 67 �F(IGINAL Whatcorn County Contract No. COUNTY t�° boo 6 o7d r 1 CONTRACT FOR SERVICES AGREEMENT Jail Diversion Project, Whatcom Counseling & Psychiatric Clinic] Whatcom Counseling & Psychiatric Clinic ,'hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp 3 to 7, Exhibit A (Scope of Work), pp. 8 to 1 Exhibit B (Compensation), pp..15 0 Exhibit C (Certificate of Insurance). pp 16 Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 1 day of July , 20 06_, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 30 day of June -.20 07 . The general purpose or objective of this Agreement is to: Provide Mentally III Offender Jail Diversion Services, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $_229,577 . The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this day of , 20 CONTRACTOR: Whatcom Counseling and Psychiatric Clinic '- dy Byrne, Executive Director��7 STATE OF WASHINGTON ) ) ss. COUNTY OF GJ`r� ) On this ail day of f, 20q4,, before me personally appeared AnjreL.3h PWPiaS to me known to be the Fxec"hyc )�•ritle) of 4+ Company) and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. 'F �4 4c4cw,+rrc li tc- / !LG fi . NOTARY P C in a d for the S e of Washington, residing at My commission expires a7 • -7 9, ode Jail Diversion Project, Whatcom Counseling & Psychiatric Clinic Page t v 1.0 WHATCOM COUNTY: R commended for Approval: P11(* De nt Director Date Approved as to form: —0 Prosecuting Atom ate Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 _, before me personally appeared Pete Kremen, to me [mown to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: Whatcom Counseling & Psychiatric Clinic (Type in Name of ContractorlFirm) Andy Byrne Executive Director (Type in Name & Title of Signatory Authorized by Firm Bylaws, if applicable) Address: 3645 East McLeod Road Bellingham WA. 98226 Mailing Address: same as above Contact Name: Contact Phone: (360) 676-2220 x 3323 Contact FAX: (360) 752-2085 Contact Email: and Y.byrne(a)whatcomcounseling.org Jail Diversion Project, Whatcom Counseling & Psychiatric Clinic Page 2 v 1.0 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the. County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year at a time, and for a total of no longer than three years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S, mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: Not Applicable Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Jail Diversion Project, Whatcom Counseling t£ Psychiatric Clinic Pagc 3 v 1.0 70 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractors gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with state and federal requirements, as applicable, pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractors services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that helsheft maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting_ The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. Jail Diversion Project, Whatcom Counseling R Psychiatric Clinic Page 4 v 1.0 71 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to o Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to -notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the. services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement; The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Jail Diversion Project, Whatcom Counseling & Psychiatric Clinic Page 5 v 1.0 72 Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to Iheir race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: Not Applicable 36.1 Waiver of Noncompetilion: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Gary Williams, Human Services Supervisor 509 Girard St, Bellingham WA 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, flrst class, postage prepaid. Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severabili : If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties Jail Diversion Project, Whatcom Counseling & Psychiatric Clinic Page 6 v 1.0 73 hereto. 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. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be seftled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the. nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Jail' Diversion Project, Whatcom Counseling & Psychiatric Clinic Page 7 v 1.0 74 EXHIBIT A SCOPE of WORK Jail Diversion Project (JDP) Whatcom Counseling & Psychiatric Clinic 1. INTENT Funding for this project is provided by the Washington Legislature to provide mental health assessment services for mentally ill offenders while confined in a county or city jail. These services are intended to facilitate access to programs that offer mental health services upon the offenders' release from confinement. This includes efforts to expedite applications for new or reinstated Medicaid benefits. Funding will also support transitional services for those not eligible for Medicaid benefits. Services provided with this funding are intended to facilitate safe transition into community services. To that end, the services included in this contract shall supplement, and not supplant, local or other funding or in -kind resources being used for these purposes that were in effect in April 2005. By entering into this agreement, it is not intended to create a benefit or cause of action for any third person not a signatory to this agreement, except a consumer. By providing services to a consumer, the contractor does not enter into a take charge relationship for anything other than making services available to the consumer. It is not meant to provide protection to any third person or the public in general. 2. ENCOUNTER DATA REPORTING Services provided under this contract must be reported into the clearinghouse for the North Sound region, which is Sound Data. To be reportable into the regional clearinghouse each encounter must be described as an item that is found in the North Sound Mental Health Administration (NSMHA) data dictionary. Also, a client record is established for each client receiving services and the elements contained in the client record include all of the elements contained in a client record in the NSMHA CIS system. Contractor shall prepare the required quarterly reports outlined in Exhibit I, part 1, according to the format specified in Exhibit I, part 2. Reports shall be delivered to NSMHA 5 working days before the due date specified in Exhibit I. The report must be delivered electronically in a HIPAA compliant format. 3. SERVICES TO BE PROVIDED The contractor will: a. Develop a Memorandum of Understanding with the Whatcom County jail specifying a referral process for incarcerated individuals requiring mental health services. b. Identify and accept referrals of individuals not enrolled in community mental health services who meet priority populations as defined in RCW 71.24. c. Conduct mental health intake assessments for individuals identified in 3b above and plan for transitional services prior to their release from jail. d. Develop a Memorandum of Understanding with the local DSHS Community Service Offices (CSO) to expedite application or reinstatement of medical assistance for individuals in jails, prisons or Institutions for The Mentally Diseased (IMD) consistent with all applicable rules and regulations. Jail Diversion Project, Whatcorn Counseling & Psychiatric Clinic Page 8 v 1.0 75 e. Provide a quarterly report on services provided with this funding in accordance with the report schedule: Service Period Due Date Jul — August 2006 September 10, 2006 September —November 2006 December 5, 2006 December 2006— February 2007 March 10, 2007 March — May 2007 June 10, 2007 f. Conduct daily cross-reference between new bookings and the RSN database to identify newly booked, persons known to the RSN as required by NSMHA. g. Provide 1-FTE mental health professional, to be known as Legal Case Manager Boundary Spanner (LCMBS). The LCMBS shall: i) Develop individual service plans providing alternatives to jail which will be submitted to the court on the offender's behalf. This service will only be provided to offenders who do not refuse service. ii) Conduct, or coordinate with other mental health jail staff to conduct, pre-release transitional planning. Plans will consider the need for assessments, mental health services, co-occurring services, housing, and other necessary services as indicated for each case. iii) Serve as a liaison between the courts and community behavioral health providers. h. Provide 2 FTE JDP case managers. -"he JDP case managers shall: i) Provide intensive post release follow-up case management services to offenders. -"he purpose of case management services is to ensure offenders follow-up with CSO, mental health, substance abuse treatment and other services as specified in offenders service plan. i. Provide mental health services before and after release from jail for those individuals who meet priority populations as defined in RCW 71.24. Mental health services will be coordinated with substance abuse treatment services as necessary. j. Provide post release Level One and or Two mental health services consistent with A or B Access to Care Standard (DSM-IV-TR Code) for enrollable Medicaid consumers. k. Provide JDP post release mental health services to non -Medicaid enrollable mentally ill offenders with intensive post release JDP services as funding, allows. I. Provide one bed in a supervised facility to be used for pre or post release residential support for low income/homeless mentally ill offenders. The facility must provide basic nutritional supplies, personal hygiene items, linens, clothing and laundry facilities. m. Coordinate with provider of supervised bed so that mentally ill offenders receive necessary mental health case management services. n. Coordinate JDP services with the Whatcom County Behavioral Health Triage Center when opened in fall 2006. o. Coordinate with. local Native American tribes to reduce the inappropriate incarceration of mentally ill tribal members consistent with DSHS Administrative Policy 7.01 ,fail Diversion Project, Whatcom Counseling & Psychiatric Clinic Page 9 v 1.0 76 4. PERFORMANCE STANDARDS a. GENERAL OPERATING STANDARDS i) Contractor must ensure that consumers and consumers' families participate in planning activities and participate in the implementation and evaluation of Contractor's clinical functions. Contractor must be able to demonstrate how this requirement is implemented. ii) Contractor must maintain a written Advance Directive policy and procedure that respects enrollees' advance directives for psychiatric care. Policy and procedures must comply with NSMHA Advance Directives policy and procedure. iii) Contractor shall make best efforts to provide written or oral notification within 15 working days of termination of a Mental Health Care Provider (MHCP) to individuals currently open for services who had received a service from the affected MHCP in the previous 60 days. Notification must be verifiable in the client medical record at the Contractor. iv) Contractor must ensure benefits are provided in accordance with NSMHA policies and procedures and are not arbitrarily denied or reduced (e.g. the amount, duration, or scope of a required service) based solely upon the diagnosis, type of mental illness, or the enrollee's mental health condition. v) Contractor shall notify consumers in writing of changes in service, MHCP denials and/or changes, or termination in services in accordance with NSMHA policies and procedures. b. OUTPATIENT INITIAL AUTHORIZATION and CONTINUED SERVICE AUTHORIZATION If an intake assessment is provided, it will be in accordance with NSMHA operating policies, and Contractor shall: i) When a consumer meets the access to care standards they are automatically authorized for outpatient services by NSMHA. ii) Implement operational policies, procedures, and protocols that are consistent with NSMHA operating policies and assure that they are consistently implemented. iii) Notify NSMHA in writing of those authorized by Contractor to serve as contact person(s) with NSMHA for purposes of NSMHA service authorization. iv) If consumer is not authorized by Contractor, Contractor will send NSMHA clinical information necessary to allow NSMHA to make a determination of clinical eligibility. v) If a client is determined by NSMHA to not meet clinical eligibility requirements, NSMHA will notify Contractor and require that the consumer be informed and given information regarding their rights to file a complaint or grievance. c. INTAKE EVALUATIONS i) Intake evaluations must be performed by the licensed community mental health agency that will provide any outpatient services for which the intake evaluation is being performed. ii) Contractor shall conduct required intake evaluations as defined by MHD State Outpatient Service Modalities. The Modality defines an intake evaluation as an evaluation that is culturally and age relevant initiated prior to the provision of any other mental health services, except crisis services, services, stabilization services and freestanding evaluation and treatment. The intake evaluation must be initiated within ten (10) working days of the request for services, establish the medical necessity for treatment and be completed within thirty (30) working days. Routine services may Jail Diversion Project, Whatcom Counseling & Psychiatric Clinic Page 14 v 1.0 77 begin before the completion of the intake once medical necessity is established. This service is provided by a mental health professional. iii) An intake evaluation must be initiated as defined in the Exhibit O, Outpatient Service Modalities, to determine the presence of medical necessity. The presence of medical necessity must be based on the Exhibit C, Access to Care Standards (Parts 1-4). An intake evaluation must be initiated within 10 working days of the request for mental health services. A request for mental health services is defined as a point in time when mental health services are sought or applied for through a telephone call, walk-in, or written request. d. ACCESS SERVICES In accordance with WAC 388-865-0415, Contractor must document and otherwise ensure that eligible consumers have access to age and culturally competent services when and where those services are needed. They must: . i) Identify and reduce barriers to people getting the services where and when they need them; ii) Comply with the Americans with Disabilities Act and the Washington State Antidiscrimination Act, chapter 49.60 RCW; iii) Assure that services are timely, appropriate and sensitive to the age, culture, language, gender and physical condition of the consumer; iv) Provide alternative service delivery models to make services more available to underserved persons as defined in WAC 388-865-0150; v) Provide access to telecommunication devices or services and certified interpreters for deaf or -hearing impaired consumers and limited English proficient consumers; vi) Bring services to the consumer or locate services at sites where transportation is available to consumers; and vii) Ensure compliance with all state and federal nondiscrimination laws, rules and plans. e. INDIVIDUAL SERVICE PLAN In accordance with WAC 388-865-0425, Contractor must provide consumers with an individual service plan that meets his or her unique needs. Individualized and tailored care is a planning process that may be used to develop a consumer -driven, strength -based, individual service plan. The individual service plan must: i) Be developed Collaboratively with the consumer and other people identified by the consumer within thirty days of starting community support services. The service plan should be in language and terminology that its understandable to consumers and their family, and include goals that are measurable; ii) Address age, cultural, or disability issues of the consumer; iii) Include measurable goals for progress toward rehabilitation, recovery and reintegration into the mainstream of social, employment and educational choices, involving other systems when appropriate; iv) Demonstrate that the provider has worked with the consumer and others at the consumer's request to determine his/her needs in the following life domains: (1) Housing; (2) Food; (3) Income; (4) Health and dental care; (5) Transportation; Jail Diversion Project. Whatcom Counseling & Psychiatric Clinic Page 11 v 1.0 78 (6) Work, school or other daily activities; (7) Social life; and (8) Referral services and assistance in obtaining supportive services appropriate to treatment, such as substance abuse treatment. f. Document review by the person developing the plan and the consumer. If the person developing the plan is not a mental health professional, the plan must also document review by a mental health professional. If the person developing the plan is not a mental health specialist required per WAC 388-865-405(5) there must also be documented consultation with the appropriate mental health specialist(s); g. Document review and update at least every one hundred eighty days or more often at the request of the consumer; h. In the case of children: (1) Be integrated with the individual education plan from the education system whenever possible; (2) If the child is under three, the plan must be integrated with the individualized family service plan (IFSP) if this exists, consistent with Title 20, Section 1436. i. CONSUMER AND FAMILY VOICE Contractor must ensure all consumers have voice in developing individualized service plans, advance directives and crisis plans. This shall include but not' be limited to children and their families (e.g. caregivers and significant others, parents, foster parents, assigned/appointed guardians, siblings). At a minimum, treatment goals must be written in the words of the consumer and documentation must be included in the clinical record describing how the enrollee sees their progress. Contractor must be able to demonstrate how this requirement is implemented and monitored. j. COMPLAINT, GRIEVANCE AND FAIR HEARING PROCESSES Contractor must implement a complaint, grievance, and fair hearing processes that are in conformance with NSMHA policies. Contractor and subcontractors shall abide by NSMHA complaint, grievance, and fair hearing determinations and shall be responsible for paying 100 percent of all Medical Director and/or Attorney costs incurred by NSMHA associated with any grievance and/or fair hearing settlement when the ruling favors the consumer, in accordance with NSMHA policies. In addition Contractor shall: (1) Coordinate with NSMHA grievance process and Ombuds Services. (2) Provide assistance to clients filing a grievance and (3) Incorporate concerns from grievances into Contractor services without identifying individual clients. k. LOCAL RESPONSIVENESS AND COMMUNICATIONS Contractor shall cooperate with NSMHA in the Service Area to provide a locally responsive delivery system. Contractor shall provide consumers and referral sources information and education about the referral process, service availability, service population, common symptoms of mental illness, and shall post and make known consumer rights and responsibilities including complaint, grievance, and fair hearing procedures, and the availability of Ombuds services. Jail Diversion Project, Whatcom Counseling & Psychiatric Clinic Page 12 v 1.0 79 Contractor shall have written policy and procedures that comply with NSMHA's policies on consumer rights and that address the following: (1) Individual mental health rights applicable to non -Medicaid individuals as defined in WAC 388-865-0410. (2) Oral interpretation services provided free of charge to the individual. (3) Information those written materials are available when requested in alternate formats. These materials must be available and easily understood by individuals. I. CRITICAL INCIDENTS AND NEGATIVE MEDIA COVERAGE Contractor shall comply with NSMHA's Critical Incident Reporting Policy and Procedure and any successor regarding critical incidents. Contractor must notify the NSMHA of any incident when there is negative media coverage expected. (1) Examples of incidents to report include but are not limited to: homicide, attempted homicide, completed suicide, the unexpected death of a consumer, abuse or neglect of an enrollee by an employee or volunteer, loss of crisis lines, loss of service or residential sites. (2) Notification must be made to the NSMHA Program Manager or his/her designee during the business day in which Contractor becomes aware of such an event. If the event occurs after business hours, notice must be given as soon as possible during the next business day. (3) Notification must include a description of the event, any actions taken in response to the incident, the purpose for which any action was taken, and any implications to the service delivery system. (4) When requested, a written report will be provided within two weeks of the original notification to provide information regarding efforts designed to prevent or lessen the possibility of future similar incidents. m. STAFF COMPETENCY AND TRAINING Contractor shall comply with NSMHA credentialing policies and procedures and shall ensure that all staff are qualified for the position they hold and have at a minimum the education, experience, and skills to perform their job requirements, per WAC 388-865, including any required licenses or certifications. Contractor shall collaborate with NSMHA to implement, maintain, and revise the Regional Training Plan or any successor, incorporated as Attachment V. n. MANAGEMENT INFORMATION SYSTEM Contractor shall: i) Ensure the existence and operation of a single integrated information system. It shall have the ability to collect, use internally and report data as required by NSMHA in order to provide a centralized, seamless system of mental health services and to provide timely monitoring. This data shall be useable as management data for audit purposes, and contain sufficient information to track termination from services (42 CFR 434.53c). NSMHA shall be notified of changes to the information system, at the time planning Jail Diversion Project, Whatcom Counseling & Psychiatric Clinic Page 13 v 1.0 80 begins for implementation that have an effect on the data submitted to or otherwise required to be collected for NSMHA. ii) Comply with NSMHA policies and procedures regarding quality, accuracy and data reporting. iii) Comply with HIPAA implementation requirements and standards (i.e. data collection, submission, privacy, and security). iv) Provide the NSMHA all data described in the NSMHA data dictionary or any successor, incorporated herein by reference. Encounters must be submitted within 45 days of the close of each calendar month. Information about new enrollees and updates for ongoing cases, must be submitted to the NSMHA within 45 days. Transmission will retain Contractor's location identifiers. Upon receipt of the data, the NSMHA will generate an error report. Upon receipt of the error report, Contractor must remedy all data errors within 20 calendar days of the receipt of the error report. v) Participate in NSMHA decisions to add or delete data elements that will include projected cost analysis. vi) Implement changes made to the NSMHA data dictionary within 110 days from the date of published changes. The intention of NSMHA is to make NSMHA changes to the data dictionary at 6-month intervals. vii) Provide certification by the Contractor Program Managers or designees that attests based on best knowledge, information, and belief to the accuracy, completeness, and truthfulness of data on the day of batch submittal. The certification will be sent to the NSMHA Information Systems Specialist. The form is available on the NSMHA website. viii)Ensure that requested information is received in a manner that will allow NSMHA to make a timely response to inquiries from CMS, the legislature, MHD, and other parties about system operations. Such data must be provided in a time frame that NSMHA has developed with the MHD at the time of the request and will take into consideration the needs of the inquiring party. Is this already somewhere else?? ix) Submit all data into Contractor database indicating the provision of any emergency service component within three (3) working days from the completion of that service. x) Contractor shall participate in NSMHA Consumer Information System (CIS) Workgroup. A) Contractor shall transmit data to NSMHA MIS, at a minimum, once per week. xii) Once transactions are final at NSMHA, Contractor shall be liable for any costs associated with additional data processing if MHD charges NSMHA. b. BUSINESS ASSOCIATE AGREEMENT Contractor shall abide by the provisions the Business Associates Agreement (Attachment 1). 6. DELIVERABLES a. By no later than 15 days after final approval and signing of this contract Contractor shall: i) Have required MOU fully executed with Bellingham DSHS CSO and Whatcom County Jail. ii) Have a booking data entry processes. iii) Initiate joint planning effort with Jail and court staff. iv) Initiate in jail JDP identification and screening in jail. v) Have necessary policies and procedures in place to support facilitated intensive post release follow-up case management services to ensure consumers accepting JDP services follow-up with CSO, mental health, and other services. Jail Diversion Project, Whatcom Counseling & Psychiatric Clinic Page 14 v 1.0 81 EXHIBIT B COMPENSATION Jail Diversion Project Budget Budget Category Amount Clinical Personnel: case managers, LCMBS, supervision Support Services Personnel. data entry, quality control, MIS Operating Expenses: communications, training, supplies, travel Professional Services: psychiatric evaluations, medication management Supervised Residential Bed Administrative Fee @ 10% Flex Funds, client Total 147,644 6,295 6,809 4,686 36,000 20,143 229,577 1. The source of funding for this contract is state mental health funds received through a contract with NSMHA. 2. Contractor shall be reimbursed for actual costs incurred to provide services during the term of this contract as specified in the budget included above. Funds can be transferred between budget categories upon written county approval. 3. The Contractor shall submit an itemized invoice listing all costs claimed for reimbursement. 4. The Contractor shall submit invoices to the County Health Department. Payment by the county will be considered timely if it is made within 30,days of the receipt and acceptance of billing information from contractor. The County may withhold payment of an invoice if the Contractor submits it more than thirty days after the expiration of this contract. 5. Include following statement on invoice: 1 certify that the materials have been furnished, the services rendered, or the labor performed as described on this invoice. 6. Duplication of Billed Costs or Payments for Service: The Contractor shall not bill the Health Department for services performed or provided under this contract, and the Health Department shall not pay the Contractor, if the Contractor has been or will be paid by any other source, including grants, for those costs used to perform or provide the services in this contract. The Contractor is responsible for any audit exceptions or disallowed amounts paid as a result of this contract. 7. Contractor shall send invoices to the following address: Whatcom County Health Department. Human Services Division 509 Girard Street Bellingham, WA 98225-4005 Jail Diversion Project, Whatcom Counseling & psychiatric Clinic Page 15 v 1.0 82 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIODIYY) ACO-R . PRODUCER J.J. Negley Associates P.O. Box 206 tar Grove, NJ 07009 239-9107 INSURED Whatcom Counseling Sc Psychiatric Clinic 3645 E. McLeod Road Bellingham, WA 98226 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER. THE COVERAGE AFFORDED BY THE POLICIES BELOW. fOSURER A_ INSURER B: INSURER C: INSURER D: INSURERS AFFORDING COVERAGE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIpOlYY POLICY EXPIRATION p TE M DpIYY LIMITS A _ GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR CCL0001516 02/09/06 02/09/07 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Anyone fire) $ —0 {"f-Q- MEO EXP {Any one person) $ {� PERSONAL & ADV INJURY $1, D00 Q00 GENERAL AGGREGATE $ 1 O Q Q Q 0 Q GEML AGGREGATE LIMIT APPLIES PER: POLICY 7 PROJECT LOC PRODUCTS - COMPIOP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTDS COMBINED SINGLE LIMIT (Fa accidenl) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accidenl) $ PROPERTY DAMAGE (Per accidenl) $ .GARAGE LIABILITY ANY AUTO AUTO ONLY • EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ $ EXCESS LIABILITY OCCUR ® CLAIMS MADE DEDUCTIBLE RETENTION $ XLS0030401 02/09/06 02/09/07 EACH OCCURRENCE $ AGGREGATE L —000 $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATUSS EER C TflRY LIMITR E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT S A OTHER Professional CCL0001516 02/09/06 02/09/07 $1,000,000 Ea. Claim DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Certificate Holder is added as Additional Insured, but only with respects to operations of the Named Insured. CERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER Whatcom County Health Dept. Administrator 509 Girard Street Bellingham, Washington 98227 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATra DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESVNTATIVF I _ AUTHORIZED 9 E ATIV� if ACORD 25-S (7197) 1988 83 Attachment 1 Business Associate Agreement Definitions. The federal privacy regulations at 45 CFR, parts 160 and 164 and the Health Insurance Portability and Accountability Act (42 USC Section 201, et seq.), shall be collectively referred to herein as "HIPAA". All capitalized terms used in this Agreement have the meaning defined in HIPAA, unless otherwise defined herein. Purpose: Protected Health Information (PHI). The purpose of this Agreement is to provide assurances regarding County's and Contractor's respective responsibilities to maintain strict confidentiality under applicable Federal and State laws and regulations relating to patient medical information, financial information, and other patient identifiable health information to which Contractor gains access pursuant to the Contracts (collectively "PHI"). For purposes of this Agreement, PHI shall be defined consistent with 45 CFR, Section 164.501. The provisions of this Agreement are specifically intended to meet the requirements of the HIPAA privacy standards spelled out in Section 45 CFR, Section 164.504. Contractor and County intend that their respective privacy and security policies, procedures, and practices shall meet (or exceed to the extent provided herein) all applicable Federal and State requirements pertaining to the privacy and confidentiality of PHI. Confidentiality of PHI. Contractor shall comply with all applicable Federal and State laws and regulations relating to maintaining and safeguarding the confidentiality of PHI. Contractor shall assure that it's employees, subcontractors, and agents comply with such laws and regulations and the provisions of this Agreement. Neither Contractor nor any of its employees, subcontractors, or agents shall use or further disclose PHI in any manner that would violate the requirements of this Agreement or the HIPAA privacy regulations as set forth in 45 CFR, Sections 160 and 164. Contractor may use and disclose PHI when necessary for Contractor's proper management and administration, or to carry out specific legal responsibilities. Contractor shall not request or disclose more information than the minimum amount necessary to allow Contractor to perform its functions. Contractor shall not use or further disclose PHI in any manner that would violate the HIPAA privacy standards as set forth in 45 CFR, Sections 160 and 164. Safeguards for PHI. Contractor shall use appropriate safeguards to prevent the use or disclosure of PHI other than expressly provided for in this Agreement. Contractor shall assure that any agents or subcontractors to whom it provides any PHI under this Agreement shall agree to the same restrictions and conditions of Contractor under this Agreement to assure that such agent or subcontractor complies in all respects with the provisions of this Agreement and the HIPAA privacy standards. Individual Access to PHI. Contractor agrees to provide individuals with access to their PHI as required to meet requirements of HIPAA privacy standards including 45 CFR 164.524. Accounting for Disclosures of PHI. Contractor shall cooperate with County by providing appropriate information to County to fulfill both parties' responsibilities under 45 CFR, Section 164.528. Contractor agrees to provide an accounting of any disclosures of PHI for up to the six -year period preceding the date of the request for an accounting. Such information shall include: a. The date of the disclosure; b. The name and address of the person or entity who received the PHI; c. A brief description of the disclosed PHI; d. A brief statement of the purpose of the disclosure including an explanation of the basis for such disclosure; and e. Such other information as may be required by applicable laws or regulations. Contractor must provide all such information to County on a timely basis not later than seven (7) calendar days after County requests such information, unless otherwise specified by County. The provisions of this section shall survive termination of this Agreement. Access to Contractor's Books and Records. Contractor shall make available to the Secretary of the Department of Health and Human Services its internal practices, books and records relating to the use and disclosure of PHI received from, or created or received by, Contractor on behalf of County for the purpose of determining Contractor's compliance with the requirements of this Agreement and the HIPAA privacy standards. The provisions of this section shall survive termination of this Agreement. Reporting and Auditing of Improper Use of PHI. Contractor shall promptly report to County any use or disclosure of County client PHI that is unauthorized or otherwise violates the terms of this Agreement. Jail Diversion Project, Whatcom Counseling & Psychiatric Clinic Page 17 v 1.0 84 Termination of Applicable Contract. County shall have the right to terminate any or all of the Contracts if Contractor has violated a material term of this Agreement. Upon any such termination, Contractor shall promptly return or destroy all PHI received from County in connection with the terminated Contracts. If the return or destruction of PHI is not feasible, Contractor shall continue the protections required under this Agreement to the PHI consistent with the requirements of this Agreement and the HIPAA privacy standards. In the event that Contractor ceases to do business or otherwise terminates its relationship with County, Contractor agrees to promptly return or destroy all PHI received from County in a timely manner. Contractor may not assign this Agreement, in whole or in part, without County's prior consent. All terms and conditions of this Agreement will be binding upon and inure to the benefit of and be enforced by the parties hereto and their respective successors and permitted assigns. Contractor's Privacy and Security Policies and Practices. Contractor's privacy and security policies and practices shall meet or exceed current standards set by applicable state and federal law for the protection of PHI. Contractor shall: a. Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of electronic PHI; b. Ensure that Business Associate's agents and subcontractors to whom it provides PHI, implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of PHI; and c. Report to County any security incident of which it becomes aware. Jail Diversion Project, Whatcom Counseling & Psychiatric Clinic Page 18 v 1.0 85 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2006-329 CLEARANCES titial Date Date Received in Council Office Agenda Date Assigned to. Originator. M. McFarlane 7/18106 L7 P' (E 8/8/06 Finance/Counc Division Head Dept, Head.• M. McFarlane 7118106 A U V 0 1 2006 // 166106 Prosecutor: WHATCOM COUNTY Purchasin Bud et; 7 COUNCIL Executive; TITLE OF DOCUMENT.• Intergovernmental Agreement for Fire Protection Services ATTACHMENTS: Intergovernmental Agreement for Fire Protection Services between Wltatcont County (Parks & Recreation) and Whatcom County Fire Protection District No. S. SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) N6 SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The Intergovernmental Agreement between Whatcom County (Parks & Recreation) and Whatcom County Fire Protection District No. S is in accordance with the provisions of the Interlocal Cooperation Act, R.0 W.39.34. R. C W.52.30.020 requires that agencies and municipal corporations having properties within or adjacent to the boundaries of afire protection district shall contract for fire protection services necessary for the protection and safety ofpersonnel and property when such protection is not otherwise provided Fire District No. S sliall furnish fire protection services to the Parks & Recreation Department buildings and equipment located within or adjacent to the established boundaries of Fire District No. 5. The term of this new agreement is (S) years, beginning January 1, 2006. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers. Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: wivw.co.whatcom.wa.us/council ii Whatcom County Contract No. WHATCOM COUNTY CONTRACT INFORMA TION SHEET Originating Department: Parks & Recreation Contact Person: Michael McFarlane Contractor's Name: Whatcom CounV Fire Protection District No. 5 Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes X No _ Yes No If an Amendment, previous number(s): Is this a renewal? Yes _ No Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $ Annually pay Fire District No. 5 the memo. Any amendment that provides either a 10% increase in amount or more prevailing operational millage rate applied to than $10,000, whichever is greater, must also go to Council and will need an the value of Parks & Recreation properties agenda bill and supporting memo. If less than these thresholds, just submit to within or adjacent to the Fire District. Executive with supporting memo for approval. This Amendment Amount: $ Total Amended Amount: $ Scope of Services Whatcom County Fire Protection District No. 5 shall furnish fire protection services to the Parks & Recreation Department buildings and equipment located within or adjacent to the established boundaries of Fire District No. 5. Nature of Contract Amt.- ( Check one) Fixed Amount Not to Exceed _ Open Ended Term of Contract: I-1-06 to 12-31-10 Ex iration Date:12-3I-I0 Renewal Option Yes _ No _ Last Renewal Expires: Special Dates or clauses that require calendaring.- Contract Routing Stens & SiQnof] isien or initiall (indicate date transmitte 1. Prepared by: BN Date_7118106 [hard copy] 2. Attorney reviewed: Date 1 t Sits [hard copy] 3. AS -Finance rewiewed.- Date zg rX[hard copy] 4. Corrections made: Dale % hard copy printed 5. Attorney signof. . Date 7, z8--6 6. Contractor signed. Date S-1 F 0(p 7. Submitted to Exec OIc ✓ Date 7`c� -0 hardcopies] 8. Reviewed by DCA Dale �Z 9. Council approved (i ecessary) Dale 10. Executive signed: Date IL Contractor Original Returned to dept, Date 12. County Original to Council Date this form may need to expand to more than one page WHATCOM COUNTY PARKS & RECREATION DEPT. 3373 Mt. Baker Hwy. Bellingham, WA 98226 MEMORANDUM Michael G. McFarlane Director RECEIVED TO: Pete Kremen, County Executive J U L 2 $ 2606 FROM: Michael McFarlane, Director COUN KREMEN COUNTY EXECUTIVE RE: Intergovernmental Agreement for Fire Protection Services with Fire District No. 5 DATE: July 18, 2006 Enclosed are two (2) originals of the Intergovernmental Agreement for Fire Protection Services between Whatcom County (Parks & Recreation) and Whatcom County Fire Protection District No. 5 for your review and signature. ■ Background and Purpose R.C.W.52.30.020 requires that agencies and municipal corporations having properties within or adjacent to the boundaries of a fire protection district shall contract for fire protection services necessary for the protection and safety of personnel and property when such protection is not otherwise provided. Fire District No. 5 shall furnish fire protection services to the Parks & Recreation Department buildings and equipment located within or adjacent to the established boundaries of Fire District No. 5. ■ Funding Amount and Source The Parks & Recreation Department shall pay Fire District No. 5 annually for services an amount determined by applying the prevailing operational millage rate for the District to the value of the Parks & Recreation properties within or adjacent to the Fire District. ■ -Differences from Previous Contract This is similar to the previous agreement except the new agreement term is five (5) years beginning January 1, 2006. This agreement replaces Whatcom County Contract #200008022. Please contact Michael McFarlane at extension 32072, if you have any questions or concerns regarding tFie terms of this agreement. Encl. BOUNTY ORIGINAL WHATCOM C OL.1NTY CONT'f-RAC T NO. �ao�07bla INTERGOVERNMENTAL AGREEM FOR FUZE PROTECTION SERVICES THIS AGREEMENT, made and executed by and between WHATCOM COUNTY, a municipal corporation, hereinafter referred to as "COUNTY," and WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 5, hereinafter referred to as the "FIRE DISTRICT," in accordance with the provisions of the Interlocal Cooperation Act, R.C.W. 39.34. WHEREAS, the Fire District is organized and equipped to provide fire protection to structures, and equipment and other properties within its boundaries; and, WHEREAS, the County is the owner of buildings and other properties within the Fire District; and, WHEREAS, R.C.W. 52.30.020 requires that agencies and municipal corporations having properties within or adjacent to the boundaries of a fire protection district shall contract for fire protection services necessary for the protection and safety of personnel and property when such protection is not otherwise provided; and, WHEREAS, the parties hereto recognize the advantages to be gained in the services to be provided to the citizens; NOW THEREFORE, WHATCOM COUNTY AND WHATCOM COUNTY FIRE PROTECTION DISTRICT NO.5 AGREE AS FOLLOWS: 1. The Fire District shall furnish fire protection services to the Parks and Recreation Department buildings and equipment located within or adjacent to the established boundaries of said fire district. The extent of such services shall be the maximum which the equipment, personnel Agreement - Pave 1 and circumstances of the Fire District permit and shall be not less than that provided to all other properties within the Fire District. 2. The Parks and Recreation Department shall pay the Fire District annually for such services an amount determined by applying the prevailing operational millage rate for the District to the value of the Parks and Recreation Department properties within or adjacent to the Fire District. 3. The Parks and Recreation Department shall prepare as of September 30 each year a current list showing location and value of all park properties within the Fire District, and shall submit said list to the Fire District no later than October 15 of each year. 4. The Fire District shall make annual written request to the Parks and Recreation Department for payment of the amounts due. Request shall indicate year for which assessment is made, rate of assessment, and total property value upon which assessment is applied. 5. For the purposes of this Agreement, the value of Parks and Recreation Department properties within or adjacent to the Fire District shall be the value at which the buildings thereon are insured against loss by fire. Alternatively, or in case of buildings for which there is no insurance, the contract cost, or current replacement cost as ascertained by professional appraisal, or the latest assessed value upon the books of the County Assessor shall be used. Should no insurable value be readily obtainable, the value for purposes of this Agreement may be established by mutual agreement between the Parks and Recreation Department and the Fire District. 6. This Agreement shall run for a full term of five years commencing the 1 st day of January, 2006. No change or addition to this Agreement shall be valid or binding upon either party Agreement - PaRe 2 a unless such change or addition be in writing, executed by both parties. Either party may terminate this Agreement upon written notice to the other party. 7. Non-discrimination: Both parties of this Agreement further agree that they shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. 8. Extent of Agreement: This Agreement contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. 9. Relationship of the Parties: The parties intend that an independent contractor/county. relationship will be created by this Agreement. The County is interested only in the results to be achieved, the implementation of services will lie solely with the Fire District. No agent, employee, servant, or representative of the Fire District shall be deemed to be an employee, agent, servant, or representative of the County for any purpose. Employees of the Fire District are not entitled to any of the benefits the County provides for County employees, except in such cases that the Fire District is a department of County government. The Fire District will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors, or otherwise during the performance of this Agreement. Communications between the Fire District and County shall be addressed to the regular places of business. In the case of the Fire District, the address shall be Whatcom County Fire Protection District No. 5, 2030 Benson Road, Point Roberts, Washington 98281. In the case of the County, communications shall be sent to the Whatcom County Parks and Recreation Department, 3373 Mount Baker Highway, Bellingham, Washington 98226. Agreement - Paize 3 91 10. Venue Stipulation: This Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is mutually understood and agreed by each party thereto that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. DATED this day of 52006. J�IT81815=8II JIi wd Pete Kremen, County Executive STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) On this day of , 2006, before me personally appeared PETE KREMEN to me known to be the County Executive of WHATCOM COUNTY and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at Bellingham. My Conmmission expires: DATED this day of 32006. WHATCOM COUNTY PARKS AND RECREATION DEPARTMENT Director APPROVED AS TO Agreement - Paize 4 'A DATED this � day of 2006. WHATOMM COUNTY FIRE DISTRICT NO. 5 ATTEST: STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) On this day personally appeared before met rvl �,4jJ to me known to be the individual or individuals described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and seal this !8 day f Lr\k , 2006. W NOTARY UB IC in d far a State of Washington residing at My Commission expires: NtA` I Gong Agreement - PaRe 5 93 WHA TCOM COUNTY COUNCIL AGENDA BILL No. 2006-330 CLEARANCES Initial Date Date Received in Council D ice Agenda Date Assigned to: Ori inalor: Jim Karcher. P.E. /- K yZ-19/4 U � i' 1 � ��' LJ 8 / 8 / 0 6 Finance, Council Division Head: Joe Rutan, P.E. - Z m '— u V L- A U G 0 1 2006 Dept. Head: Je Monsen. P. E. � r1128�o b Prosecutor: Dan Gibson WHATCOM COUNTY 7'%� Purchasin /Bud et: Brad B tt COUNCIL Executive: Pete Kremen ��o� TITLE OF DO MENT.• Construction Contract Award ATTACHMENTS: 1. Memorandum to County Executive and Council 2. Resolution for amending County Road Project (CRP) Number and Contract Award 3. Approval for Contract Award endorsed by the Executive 4. Project Summary and Vicinity Map 5. Project Cost Break Down 6. Bid Tabulation 7 Low Bid Proposal SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing ? O Yes (X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution amending CRP#901001 to include the construction of Marine Drive Improvements from Bennett Dr. to LocustAve. Vicinity. Also approval of construction contract award to Wilder Construction Company as low bidder in the amount of $1, 720, 625.00 COMMITTEE ACTION.• COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wa.us/council ,� WHATCOM COUNTY PGom c°G� JOSEPH P. RUTAN, P.E. PUBLIC WORKS DEPARTMENT yak County Road Engineer/Assistant Director 2011 Young St., suite 201 JEFFREY M. MONSEN, P.E. Bellingham, WA 98225-4052 Director Phone: (360) 715-7450 NC+�0 Fax: (360) 715-7451 RECEIVED Memo J u L 2 9 2006 To: The Honorable Pete Kremen, County Executive, and PET'E KREMEN Honorable Members of the Whatcom County Council UNTY EXECUTIVE From: Joseph P. Rutan, PE, County Road Engineer/Assistant Directeee/ Date: July 27, 2006 Re: Marine Drive Improvements from Bennett Dr. to Locust Ave. Vicinity CRP No.901001; F.A. No. STPR-Z937 (003); TA-2785 Construction Contract Award Attached for your review is the standard construction contract award package for the Marine Drive Improvements from Bennett Dr, to Locust Ave. Vicinity. Said package consists of a copy of a Whatcom County Council agenda bill, CRP resolution amendment for contract award, project summary and vicinity map, project cost breakdown, tabulation of all bids and the low bid proposal. Requested Action We request that the County Council authorize the County Executive to enter into a contract for the subject project to the low bidder, Wilder Construction Company in the amount of $1,720,625 including all taxes. This recommendation is based on a review of the four bids received. Background and Purpose Bid proposals for the subject project were opened at 2:30 p.m., Wednesday July 26, 2006. This project is listed as Item No. 3 on the 2006 Annual Construction Program that was adopted by the Council on December 6`', 2005. This project will reconstruct Marine Dr. from Bennett Dr. to 950-$ west of Locust Ave. Funding Amount and Source This project is being supported by both federal and local funds coming from the 2006 Annual Construction Program. Please contact Jim Karcher at x50633, if you have any questions or concerns regarding these items. In accordance with W.C.C. 3.0 .230, I concur with this recommendation: 7A/ate C s ohnkern, ur 1ng Coordinator Date IACRP CURRENT PROJECTSftdno Dr90100116M-Comtrucdon1611-CmtradWward Counal PadieWierren Cwnd Award W= Marim Dr.doc 95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 INTRODUCED BY [B7:V110 RESOLUTION NO. AMENDING RESOLUTION No. 2005-071 ESTABLISHING COUNTY ROAD PROJECT NO. 901001 AND AUTHORIZING ADDITIONAL FUNDS FOR THE AWARD OF A CONTRACT FOR "MARINE DRIVE IMPROVEMENTS FROM BENNETT DRIVE TO LOCUST AVENUE VICINITY" WHEREAS, this project is included in the officially adopted 2006 Annual Construction Program as Item No. 3; WHEREAS, the original CRP amount of $1,400,000.00 shall be increased by $570,625.00 to cover the costs for the design and construction of related road improvements; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council: That CRP 901001 is formally amended to include the construction of Marine Drive Improvements from Bennett Drive to Locust Avenue Vicinity. The Contract for this project is awarded to Wilder Construction Company in the amount of their bid of $ I,720,625.00 An appropriation from the officially adopted Road Fund Budget and based on the County Road Engineer's estimate is hereby made in the amounts and for the purposes shown: PURPOSE AMOUNT OF APPROPR IATTON Preliminary Engineering $150,000 Right -of -Way $ 0 Subtotal $ 150,000 Road Construction Contract $1,720,625 Construction Engineering/Testing/Contingency $ 100,000 BE IT FURTHER RESOLVE that the construction is to be accomplished by Contract in accordance with RCW 36.77.020 et. seq. PASSED this day of , 2006 ATTEST: Dana Brown -Davis Clerk of the Council AT ved as o :� Daniel L. Gibson Civil Deputy Prosecuting Attorney WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Laurie Caskey-Schreiber Council Chair •N WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JEFFREY M. MONSEN, P.E. Director McO°y JOSEPH P. RUTAN, P.E. Assistant Director/County Road Engineer 3 2011 Young St, Suite 201 Bellingham, WA 98225-4052 9sy+a4 Phone: (360) 715-7450 Fax: (360) 715-7451 Marine Drive Improvements From Bennett Drive to Locust Avenue Vicinity CRP #901001 APPROVAL FOR CONTRACT AWARD Approval is hereby granted to award the Contract as follows: Project: Marine Drive Improvements From Bennett Drive to Locust Avenue Vicinity To: Wilder Construction Company In the amount of their bid proposal S1,720,625.00 including all taxes. Whatcom County Executive Approving Authority Daniel L. Gibson Civil Deputy Prosecuting Attorney Date ", g0 ate 97 I:1CRP CURRENT PROJECTSWarine Dr 9010011600-Constructionl6l 1-Contract\Award Council PacketlAward Whatcom County Public Works 2006 Annual Construction Program Project Narrative Marine Drive - CRP #901001 2006 Annual Construction Program Construction Funding Year(s): 2006 Project Narrative: This project is located on Marine Drive, just northeast of Bellingham's city limits in Section 23, T 38N, R 2E. The project will involve recon- struction of the existing roadway from Bennett Drive to Locust Avenue vicinity. Shoulder reconstruction with curb, gutter, and sidewalks will improve drainage. A 5' bike lane will be provided adjacent to the curb. This project is listed #3 on the 2006 — 2011 Six Year Transportation Improvement Program. New Construction Features: Total Width 34' Lane Width 12' Bike Lane Width 5' Curb I Gutter Yes Sidewalk Yes Project Status: Environmental permitting will be complete in 2005. Plans, specifications, and estimate ready, awaiting final WSDOT approval. Advertise bid in March 2006, Construction in spring/summer of 2006. Project Funding: 2006 Total Federal 1 State - $ 432,300 STP(R) $ 498,000 STP(R) Local - $ 891,700 $ 902,000 Total - $1,324,000 $1,400,000 Environmental Permitting (Agencies/Permits): BA, DOE, HPA, ECS, SEPA, CLRICAO, NPDES Right -of -Way Acquisition ($ Estimate): NIA Day Labor ($ Estimate): There may be a minor amount. _....� mi�R,��`_�,•U���`�\ER'\',lf HELLr lr. ni._L_ V _ ----- ``` KLINE I R0 SRADY wI I �a W\ ALD qL ` HORrOR rG �0King Al�n.v�wyCK Ro. or, J1 43 i;�_^ BELIHCRAY\ \\; �` flu i 39 ���/L I ST il¢ [RTERHA7]OKAL \ ; /... �`�'` _KE �'lgAIRPORT \ --.e ICJ rPRN E N�` J I SSfau +•ri1�l[�1LC�1`,UNJILANE ,' w. �'��—� BAKEFMEWr�11 rI E. �� BAKEr IEW R I1 Sri!�i L'-. DR �I Ol, TLLV C c JI I 1 cI rr Ro, p.I oRrvE I,'•—"att�� `�UP, lie L od'� �V squa JMM[ i o� A r—� 4 V • PROIECr LOCATION ,!.�BELLINGHAM '' d L ' Y BELLINGHAM BAY _ _ _ J a �IBLEMOCRAT ST_ REVEILLE ST, 98 IACRP CURRENT PROJECT&& ine Dr 9010011600•Consiruction\611•ContracMward Council Parke6Adarine Dr Narrative Fnal.doc WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JEFFREY M. MONSEN. P.E. Director GpM L. JOSEPH P. RUTAN, P.E. Assistant Director/County Road Engnincer 2011 Young St., Suite 201 Bellingham, WA 98225-4052 Phone: (360) 715-7450 Fax:(360) 715-7451 Project Cost Breakdown Marine Drive Improvements Bennett Drive to Locust Avenue Vicinity CRP #901001 Funding Source Whatcom County Federal Total Preliminary Engineering $126,000 $24,000 $150,000 Right of Way $0 $0 $0 Contract $1,246,625 $474,000 $1,720,625 Construction Engineering, Testing and Contingency $100,000 $0 $100,000 Total $1,472,625 $498,000 $1.,970,625 Project Cost Makdown Marine Dr.xls 99 w D p O a a o o 0 O 8 $ �_ $ O o g C 8 $ o o $ U p O i[I N r0 O � aNN� f+l mLa � U ti N Q IN IN N N N p p z ] J IL J J P P J p� g g g gp gp o a f"' Q p S O 0 8 p 0 0 8 8 p N o S pp O 8 p p O pp O o m G o O E S c - h � uri w N w ri u�. 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LL W Z U DI W N N (L ¢F-c W N Qw W W N Lr H W K S to W Z U7 S¢¢ b' �--U7 W Z Q F., OLL VO} N JIiO }O N LLG}?LL y y j OLL0 W ?sWL?Ia. W LLOU 0 F' Q = G 4 [_ p < W aw. LL W � r C; Q er x m a uj uj o z 7 K 7 V Z a: J m Z n 2 ¢ O X ' Z a Z O O K w > Z >_ O N u'- a o � n x 2 y Z lu g Z W Q U Z y W g w N � f) 0 Oo U w a o Y cl a Q a ci w W 3 a N O U O U O F O w 2 a' K Z F y O r °a w rIt Z Z U FUF 2 O N E w W J U U O [yll j ¢Z w E m E R Z U 7 N Z N N d U J N O U U ZF U �H�(( LLf LL' LLm LL' d a a I LL z W O N N eP f V V V ell Ill Ill N h N Ill Ill Y] N b r0 � U 102 qo §\ ]k & § )\ \ �. \ k \ § �.a £ 103 BID PROPOSAL FOR 6�1 w11le, C(OFED)Lry MARINE DRIVE IMPROVEMENTS FROM BENNETT DRIVE TO LOCUST AVENUE VICINITY CRP No. 901001 Federal Aid Project No. STPR-Z937-(003) Federal Aid Contract No. TA-2785 Date: July 26, 2006 TO: Whatcom County Executive and Council Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225 Gentlepersons: This certifies that the Undersigned: has examined the location of the project site and the conditions of work; and has carefully read and thoroughly understands. the contract documents entitled: "Marine Drive Improvements from Bennett Drive to Locust Avenue Vicinity CRP #901601 " including the `Bid Procedures and Conditions," "Specifications and Conditions," "Contract Forms," and the "Plans" governing the work embraced in this project and the method by which payment will be made for said work. The Undersigned hereby proposes to undertake and complete the work embraced in this project in accordance with said contract documents, and agrees to accept as payment for said work, the schedule of lump sum and unit prices as set forth in the "Bid" below. The Undersigned acknowledges that payment will be based on the actual work performed and material used as measured or provided for in accordance with the said contract documents, and that no additional compensation will be allowed for any taxes not included in each lump sum or unit price, and that the basis for payment will be the actual work performed and measured or provided for in accordance with the said contract documents. Marine Drive Improvement from Bennett Dr. to Locusts Ave Vic. -- CRP—901001 10 104 Marine Drive Improvements from Bennett Dr. to Locust Ave. Vicinity- CRP 901001 Bid Proposal 1 LUMP MOBILIZATION SUM 2 FORCE EROSION 1 WATER ACCOUNT POLLUTION CONTROL 3 LUMP SPILL PREVENTION, CONTROL SUM AND COUNTERMEASURES PLAN 4 LUMP TRAFFIC CONTROL SUPERVISOR SUM 5 3000 FLAGGERS AND SPOTTERS HOURS 6 500 OTHER TRAFFIC CONTROL LABOR HOURS 7 LUMP OTHER TEMPORARY TRAFFIC CONTROL SUM 8 LUMP CLEARING, GRUBBING SUM AND ROADSIDE CLEANUP 9 LUMP . REMOVAL OF STRUCTURES AND SUM OBSTRUCTIONS 10 300 REMOVAL OF CONCRETE PAVEMENT CUBIC YARDS 11 8,500 GRINDING OF BITUMINOUS PAVEMENT SQUARE YARDS L.S. $ ey 0-0 F.A. $10,000.00 L.S. $ Vol L.S. $ a00. go $ 0- D0 $ 10Z,oa0. 190 per HOUR $ yl oo$ 20.5vp'go per HOUR L.S. $ �0p000 L.S. $ Zti goo.- >o L.S. $ 10Oo0, 00 $ y000 $124 wal00 per C.Y. per S.Y. 11 105 Marine Drive Improvements from Bennett Dr. to Locust Ave. Vicinity - CRP 901001 Bid Proposal 12 3,200 PLANING BITUMINOUS PAVEMENT $ 3SO $ /! f 26Q QO SQUARE per S.Y. 13 YARDS 7,500 ROADWAY EXCAVATION, INCLUDING HAUL $13,Do $ �75oO CUBIC per C.Y. YARDS 14 500 CUBIC INCLUDING ITABLE HAULNDATION EXCAVATION, $ I7,00 $ 9,5vig YARDS per C.Y.C/ 15 3,500 EMBANKMENT COMPACTION $ Z. 0 0. $ 0 CUBIC per C.Y. YARDS 16 500 WATER $. ✓, OO$ I , M. per M Gals GALS. 6000 CONSTRUCTION GEOTEXTILE $ ' 9V $ J/ SQUARE per S.Y. YARDS 18 11,000 GRAVEL BASE $ 3 $ TONS per Ton 19 2000 CRUSHED SURFACING BASE COURSE $2i9Dt?s yOtrya off TONS per Ton 20 1.200 SAW CUT EXISTING PAVEMENT $ 3. DO $ 21 LINEAR FEET 4,750 HOT MIX ASPHALT, CLASS 112- per L.F. $ 65, 0 Q 301 ?j 75019 D TONS per Ton 22 700 COMMERCIAL HMA $ B� tgQ 56f, goo, 0 0 TONS per Ton 23 LUMP ASPHALT CORES L.S. s1200,00 SUM 12 106 A-. 'Marine Drive Improvements from Bennett Dr. to Locust Ave. Vicinity - CRP 901001 Bid Proposal 24 27 COMMERCIAL CONCRETE FOR $ �""' ,gD $ 2' &49,v0 CUBIC RETAINING -WALL per C.Y- YARDS 25 1.525 STRUCTURAL EARTH WALL 6b'60,!5-iq0 ' SQUARE $ q- o0$ FEET per S.F. �,, iqV '/ 2,90 © O 26 300 STRUCTURE EXCAVATION CLASS B $ I $ CUBIC INCLUDING HAUL per C.Y. YARDS ©D 27 400 BACKFILL FOR STRUCTURAL EARTH WALL $ t✓' $ TONS INCLUDING HAUL per Ton 0390$ lofioyBO 28 500 HANDRAIL $ LINEAR per L.F. FEET 29 SHORING2800 B S�/O LINEAR EXTRA STRUCTUREEXCAVATIONCLASS W $ $ FEET per L.F. 529. ©f✓$ 2DD©� 30 400 12 INCH DIA. - SOLID WALL PVC PIPE (C900) $ LINEAR per L.F. FEET 31 400 121NCH DIA.- SOLID WALL PVC n/oLINEAR pO STORM SEWER PIPE $Ib?. I/ FEET per L.F. 32 1860 DIA: SOLID WALL PVC 18 INCHSTORM �0.go. j / LINEAR STORM SEWER PIPEY/rI $ (� FEET per L.F. 33 55 18 INCH DIA. REINFORCED CONCRETE 70iga LINEAR STORM SEWER PIPE, CLASS 5 $✓ �j FEET per L.F. 13 107 Marine Drive Improvements from Bennett Dr. to Locust Ave. Vicinity - CRP 901001 Bid Proposal 34 350 24 INCH DIA. REINFORCED CONCRETE �tq-qo'�/. STORM SEWER PIPE, CLASS 5 �Q��DLINEAR $ [[ , FEET per L.F. 35 525 301NCH DIA. REINFORCED CONCRETE ��D�J q2? LINEAR STORM SEWER PIPE, CLASS 5 $ ©�, �D FEET per L.F. ����$ 6 IL9 L� 36 8 CONCRETE INLET $ EACH per EACH Z©D, W 151 b,,9D ®0 37 13 CATCH BASIN TYPE-1 $' EACH per EACH 2AA9oA 2 36 1 SPECIAL CATCH BASIN TYPE-1 $ EACH per EACH 10 CATCH BASIN TYPE -IL $ I A,9Pa J,3©0Q 0 C) EACH per•EACH 40 1 CATCH BASIN TYPE-2 48-INCH DIA. $ /l:,0of) , 7oO00 EACH per EACH 41 2 CATCH BASIN TYPE-2 54-INCH DIA. EACH per EACH 42 6 CATCH BASIN TYPE-2 60-INCH DIA. dow-8o $ EACH per EACH 43 $ CONNECTIONS TO EXISTING CATCH BASINS $,�D.Qia 2 7- L9 D EACH per EACH 44 6 ADJUST EXISTING CATCH BASINS TO GRADE EACH per EACH 45 300 64NCH DIA. SIDEWALK DRAIN $ 16 0o $ ' ` fpa' OO LINEAR FEET per L.F. 14 108 46 47 u, 49 Marine Drive Improvements from Bennett Dr. to Locust Ave. Vicinity - CRP 901001 Bid Proposal 5 'ADJUST EXISTING WATER VALVES TO GRADE EACH FORCE LANDSCAPE RESTORATION ACCOUNT w SEEDED LAWN INSTALLATION SQUARE YARDS 300 QUARRY SPALLS TONS 50 7,700 CEMENT CONCRETE CURB AND GUTTER LINEAR FEET r+ 3,600 CEMENT CONCRETE SIDEWALK SQUARE YARDS 52 55 TRUNCATED DOMES SQUARE FEET 53 450 CEMENT CONCRETE DRIVEWAY SQUARE YARDS 54 160 EXTRUDED CEMENT CONCRETE CURB LINEAR FEET 55 1.5 TYPE 2-RAISED PAVEMENT MARKER HUNDRED 58 2 MONUMENT EACH 700 ROCK FOR ROCK WALL TONS $ ZSp�$ /Z$D, o0 per EACH F.A. $7,000.00 $ 7.©0 $ 5,19A9,ao per S.Y. $ x ©ig $ per Ton $ /0,Q0 $ 7?ooD. oD per L.F. $Z.S.00 $ 909ov o0 per S.Y. $�19.©0$ Z2,919,©o per S.F. $ 300®$ / f .45220, 00 per S.Y. $. ,00 $ 0,90-620 per L.F. $ .-D0,oO$ per HUND $ /W.. PO $ 20. 90 per EACH $126:00 e7,50000 per Ton 15 109 Marine Drive Improvements from Bennett Dr. to Locust Ave. Vicinity - CRP 901001 Bid Proposal 58 FORCE FUTURE SIGNAL CONDUIT F.A. $15,000 00 ACCOUNT AND ,!UNCTION BOX 59 10 RESIDENTIAL MAILBOX EACH per EACH '24500 Z© t 60 PAINT LINE $ $ LINEAR per L.F. FEET *200 /Ago. 00 61 PLASTIC STOP LINE $ • $ LINEAR per L.F. FEET qC) /600 00 62 8 PLASTIC BICYCLE SYMBOL WITH ARROW $&v $ EACH per EACH U6 FORCE REPAIR OR REPLACE EXISTING PUBLIC AND F.A. $40,000.00 ACCOUNT PRIVATE FACILITIES *These Item quantities are doubled to account for 2006 and 2007 applications TOTAL_ BID AMOUNT(Bid Items 1-63) $ 72 Z5ov 16 110 NON -COLLUSION DECLARATION MARINE DRIVE IMPROVEMENTS FROM BENNETT DRIVE TO LOCUST AVENUE VICINITY CRP No. 901001 Federal Aid Project No. STPR Z937-(003) Federal Aid Contract No. TA-2785 I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s) firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800424-9071 The U.S. Department of Transportation (USDOT) operates the above toll free "hotline" Monday through Friday 8:00 a.m. to 5:00 p.m. Eastern time. .Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. Marine Drive Improvement from Bennett Dr. to Locusts Ave Vic.—CIRT-901001 BIDDER IDENTIFICATION The name of the Bidder submitting this proposal, the address and phone number to which all communications concerned with this proposal shall be made and the number which has been assigned indicating the Bidder is licensed to do business in the State of Washington are as follows: Firm Name: h/ aQ ey �O fiS'b'lt _-ko A C6 Address: 77 t - el a�� S Telephone: 2 a - -7 Contractor's Number: The Firm submitting this proposal is a: Sole Proprietorship Partnership Corporation WaKhl ,�,n4o A The names and titles of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows: Ji4C Ile- lso (�, — _&anoA Mali a-pctl The names and titles of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows: NOTE: Signatures of this proposal must be identified above. Failure to identify the Signatories will be cause for considering the proposal irregular and for subsequent rejection of the bid. Marine Drive lmprovetnent from Bennett Dr. to Locusts Ave Vic. — CRP--901001 18 112 BID PROPOSAL SIGNATURE AND ADDENDUM ACKNOWLEDGMENT The undersigned hereby agrees to pay labor not less than the prevailing rates of wages or less than the hourly minimum rate of wages -as specified in the Specifications and Conditions, for this project. A proposal guaranty in an amount of five percent (5°lo) of the total bid based upon the approximate estimate of quantities at the above prices and in the form as indicated below, is attached hereto: {) CASH In the amount of $ (} CASHIER'S CHECK Dollars (} CERTIFIED CHECK ($ } Payable to'Whatcom County PROPOSAL BOND I in the amount of 5% of the total bid. Receipt is hereby acknowledged of addendum(s) No.(s) , , & SIGNATURE OF A (PROPOSAL MUST BE SIGNED) Firm Name: STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM LOn this day of �Gi , 2006, before me personally appeared 7qICX/_- Ab ru f to me personally known to be the person described in and who executed t above instrument and who acknowledged to me the act of signing thereof. KA p0 � �S6 Ai FAA LL Jam• gyp 7A C) • q u'�••� UBL�C' 6, 2� O IiVASH� )Lol'z' G" NOT PUBLIC, n and for th State of Washington, residin at;�e //+fin„n My Commission Expires: This proposal form is not transferable and any alteration of the firm's name entered hereon without prior permission from Whatcom County will be cause for considering the proposal irregular and for subsequent rejection of the bid. Marine Drive Improvement from Bennett Dr. to Locusts Ave Vic. — CRP—901001 19 113 Prepared in Compliance with RCW 39.30.060 as amended. To be Submitted with the Bid- Proposal Project Name: Marine Drive Improvements from Bennett Dr. to Locust Ave. Vicinity CRP No. 901001 Failure to list subcontractors who are proposed to perform work of heating, ventilation and air conditioning, plumbing as described in Chapter 18.106 RCW, and electrical work as described in Chapter 19.28 RCW, will result in your bid being nonresponsive and therefore void. Subcontractor(s) that are proposed to perform work of heating, ventilation and air conditioning, plumbing as described in Chapter 18.106 RCW, and electrical work as described in Chapter 19.28 RCW must be listed below. The work to be performed is to be listed below the subcontractor'(s) name. If no subcontractor is listed below, the bidder acknowledges that it does not intend to use any subcontractor to perform those items of work. Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed Marine Drive Improvement from Bennett Dr. to Ucusts Ave Vic. — CRP—901001 21 114 ACKNOWLEDGEMENTS The bidder. shall carefully examine the Contract Documents and the Bid Proposal Form. - Submittal of a bid shall be conclusive evidence that the bidder has made its examination and understands all requirements for the performance of the Contract Work. A bidder further warrants, agrees and acknowledges by submitting a bid that it: 1. Has taken steps reasonably necessary to ascertain the nature and scope of the Contract Work; and understands that failure to do so will not be justification for a Change Order, protest or claim against the County. 2. Has investigated and satisfied itself as to the general and local conditions which can affect the Contract Work or its cost, including but not limited to: a) Conditions bearing upon acquisition, transportation, disposal, handling, and storage of materials; b) The availability of labor, materials, water, electric power, and access roads, and parking; c) Uncertainties of weather, tides, wind, or similar physical conditions at the work site; d) The character of equipment and facilities needed preliminary to and during performance of the Contract Work. e) Has satisfied itself as to the adequacy of time allowed for completion of the Contract Work. f) Has not discovered any patent ambiguities, other that those identified in writing to the Contracting Agency that would be discovered by a prudent contractor in preparing its bid. g) Has read, fully understands and intends to sign the Contract, without modification. The Bidder agrees that the County shall not be liable to it on any claim for additional payment or additional time or any claim whatsoever if the claim directly or indirectly results from the bidder's failure to investigate and -familiarize itself sufficiently with the conditions under which the Contract is to be performed. The Bidder shall be familiar and comply with all Federal, State and Local laws, ordinances, and regulations that might affect those engaged in the Contract Work. The Contracting Agency will not consider any plea of misunderstanding or ignorance of such requirements. No claim shall be allowed because of an ambiguity in the Contract if (i) the bidder discovers an ambiguity, but fails to notify the County, or (ii) the bidder failed to discover a patent ambiguity that would be discovered by a reasonably prudent Contractor in preparing its bid. Any failure of the bidder to take the actions acknowledged above shall not relieve the bidder from responsibility of estimating properly the difficulty and cost of successfully performing the Contract Work, or from proceeding to successfully perform the Contract Work without additional expense to the county. Marine Drive Improvement From Bennett Dr. to Locusts Ave Vic. —CRP-901001 22 115 WtIATCOM COUNTY COUNCIL AGENDA BILL NO. 2006-331 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator.- DH 07124106 `C' E I V E L,O Af �G t �}r�n6 jjli (� ! n4�Ujii W H `T C `'" M C `^' U N-FY COUNCIL 8/8/06 Finance/Coup Division Head: Dept. Head: To7S O� Prosecutor: Purchasin / i e: Executives2L4 t TITLE OF DOCUMENT: Resolution to Amend Resolution 2006-042 — In the matter of the sale of Tax - title property by negotiation. Req. #TR2006-11 ATTACHMENTS: SEPA review required? ( } Yes ( } NO SEPA review completed? ( } Yes ( } NO Should Clerk schedule a (tearing ? ( } Yes ( X } NO Requested Date. SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE To rescind clerical error; Whatcom County Public Works, River and Flood Division and amend to; Whatcom County Public Works / Road Fund Parcel No. 390328.414265.0000 S 20 FT OF E 112 W 1/2 S 1/2 SE NE-N 2 FT OF NW NE SE-EXC E 20 FT-EXC W 20 FT THEREOF For no less than the principal taxes, interest, penalties, title search and foreclosure costs of $327.14 COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adapted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatco►n.wa.us/council. :il 116 SPONSORED BY: PROPOSED BY: Treasurer INTRODUCTION DATE: RESOLUTION NO. AN AMENDMENT TO RESOLUTION 2006-042 A RESOLUTION IN THE MATTER OF THE SALE OF TAX -TITLE PROPERTY BY NEGOTIATION REQUEST NO. 2006-11 1 WHEREAS, a RESOLUTION in the matter of authorizing the sale of tax -title 2 property, request 2006-11, was adopted July 11, 2006; and, 3 WHEREAS, further review of the authorized purchaser has called for a 4 modification to the resolution and, 5 NOW, THEREFORE, BE IT RESOLVED, that the following section of Resolution 6 No. 2006-042 is hereby amended as followed: 7 WHEREAS, the Whatcom County Property Management Committee 8 recommends the sale of the subject property to Whatcom County Public Works/Road 9 Fund by negotiation per RCW 36.35.150 (1) for no less than the principal taxes, title io search and foreclosure costs. 11 AND FURTHER, THEREFORE, BE IT RESOLVED, that Resolution No. 2006- 12 042 is hereby amended as described herein. 13 APPROVED this day of , 2006. 14 WHATCOM COUNTY COUNCIL 15 ATTEST: WHATCOM COUNTY, WASHINGTON 16 17 Dana Brown -Davis, Council Clerk Laurie Caskey-Schreiber, Chair 18 APPROVED AS TO FORM: 19 20 C' ut secuting Attorney Page 1 117 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2006 -- 309 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator:' ' 7/18/2006 8/8/2006 P & D Committee Division Head. - De t. Head. Prosecutor: Purchasin /Bud el: Executive: TITLE OF DOCUMENT: Discussion regarding Bellingham's Urban Fringe Subarea Plan ATTACHMENTS. SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specifc and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion Regarding Bellingham's Urban Fringe Subarea Plan COMMITTEEACTION.• COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wa.us/council. 118 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES 5280 Northwest Drive Bellingham, WA 98226 MEMORANDUM Hal H. Hart, A.I.C.P. Director TO: Whatcom County Council -Planning and Development Committee FROM: Hal Hart, A.I.C.P., Director of Planning and Development Services Cathy Craver, Planner DATE: July 31, 2006 RE: August 8, 2006 Planning and Development Committee Meeting The August 8, 2006 Planning and Development Committee meeting will be an overview of the background information of the Bellingham Urban Fringe Subarea Plan. We will be presenting the timeline of events and proposed schedule for this process, Growth Management Act mandates, and the components of the Subarea Plan. Following this memo are documents on the purpose of the Subarea Plan, and the land supply methodology used by the City of Bellingham that will be discussed during the meeting. U L 3 1 2006 Wf%lTCOM COUeN'W C 0 U btu-1.. Office (360) 676 6907 County (360) 380-8110 FAX (360) 738-2493 119 Purpose of the Urban Fringe Subarea Plan The purpose of the Urban Fringe Subarea Plan and that portion of the plan applicable to Bellingham's Urban Growth Area is to: 1. Manage growth in Bellingham's UGA and the adjacent rural areas. Staff from the city and county are working hard to plan for and manage the forecasted growth rather than be overrun by it. Accordingly, this plan promotes a compact development pattern with increasing densities around small neighborhood centers and along key transportation corridors. 2. Guide planning decisions and the physical development of areas adjacent to the city limits so that the forecasted growth occurs in designated areas where the necessary public facilities and services can be provided. The plan supports adopted goals to limit growth in rural areas, environmentally sensitive areas, and on key agricultural or resource lands. 3. Encourage a smooth transition from county jurisdiction to city jurisdiction as both developed and undeveloped areas within the UGA are annexed to the city. The plan recognizes that the city is the appropriate provider of urban services as required by the state GMA and local policy. 4. Provide certainty to residents, property owners, developers and the community regarding the nature and extent of future development in Bellingham's UGA. Provide a positive and appropriate transition from urban to rural land uses. 5. Encourage cooperation between city and county governments. 6. Implement adopted policy documents such as the City and County Comprehensive Plans and the County -wide Planning Policies. Intergovernmental cooperation Intergovernmental cooperation is the foundation for effective planning. Our ability to manage growth on the fringes of Bellingham, provide appropriate public services and facilities, protect our natural environment, and encourage economic diversity and vitality depends on our willingness to work together cooperatively as a city and county. The two jurisdictions are committed to working together with the citizens of Bellingham and Whatcom County to develop this plan. 120 Implementing the Urban Fringe Subarea Plan is also a cooperative effort requiring amendments to the 1997 Interlocal Agreement between the two jurisdictions. Additional agreements between the City, Whatcom County and special purpose districts may also be required to plan for services and manage growth in the Urban Growth Area. Citizen Involvement and the Urban Fringe Subarea Plan Update Process The Urban Fringe Subarea Plan update process and review of Bellingham's Urban Growth Area officially began in April 2003 with a series of community meetings held in northern Bellingham and the UGA. Over 5,000 residents and property owners within the UGA, 5-Year Review Areas and other interested parties were notified. City and County staff provided an overview of the planning process and invited citizens to share their vision of how they wanted to see their area develop over the next 20-years. Public comments representing a wide range of views, issues, concerns and approaches to planning for growth were submitted and subsequently published on the city and county websites. Additional public participation occurred via telephone, email, and notification to interest groups, early incorporation of public comments and broader notification of property owners and residents during the planning process. Citizen comments and viewpoints have been incorporated into the decision -making process in development of the final Urban Fringe Subarea Plan. The development of the Urban Fringe Subarea Plan and its public process has been integrated with the environmental review under the requirements of the State Environmental Policy Act. (SEPA). The EIS serves as a source of information to guide citizens, planners and elected and appointed decision makers. It provides a description of existing conditions, disclosure of environmental impacts associated with the various land use alternatives and a listing of measures to mitigate environmental impacts. The "environment" includes the natural environment such as geology, water resources, and plants and animals as well as the built environments including police and fire protection, sewer and water services, existing land uses etc. The Final Environmental Impact Statement analyzing the impacts of four 20-year growth alternatives was published July 1, 2004. Plan Format The Urban Fringe Subarea Plan is intended to provide the guidance and details required for future planning decisions within Bellingham's UGA. The Plan is based upon state, county and city goals and policies. While change is natural and inevitable and population in Whatcom County and Bellingham is likely to increase, this Plan can assist in directing and shaping that growth so that our community is stronger as a result. 2 121 Specific components of the Urban Fringe Subarea Plan include the following: • Policy framework • Population and Land Supply • Land Use Alternatives 1 EIS process • Natural and Built Environment • Open Space, Parks and Recreation • Public Facilities, Services and Utilities • Transportation systems • Development and Design Criteria • UGA Neighborhood Planning Areas • Five-year Review Areas THE ACTION PLAN The effectiveness of any plan is judged by the results it produces. While the shape and purposes of the Urban Fringe Subarea Plan have been described, it is in the ways the plan is put into action (implemented) that its effectiveness will be felt, its vision realized. The Action Plan provides key strategies for implementing the plan. For example: ■ A more detailed annualized Land Supply Analysis ■ A City of Bellingham Infill Analysis ■ Action Plan examples in Chapter 2, page 2-106 of Whatcom County Comprehensive Plan. 3 122 City of Bellingham Land Supply Methodology January, 2006 The City of Bellingham's Land Supply Methodology follows the 8-step model outlined by the Washington State Department of Community Trade & Economic Development in their publication titled "Issues in Designating Urban Growth Areas — Part 1 — Providing Adequate Urban Area Land Supply" Step 1. Identify lands which are potential candidates to accommodate future growth —vacant, partially -used and under utilized land (in other words, subtract all parcels committed to other uses). The identification of buildable land begins with a City of Bellingham GIS parcel base layer (current through July, 2005). This base property layer is linked to current ownership, tax status, value, and landuse data from the Whatcom County Assessor's office. This data is then combined with zoning layers covering the City and UGA. For the City, current adopted zoning designations and allowable densities are used. For the UGA, the proposed zoning designations and allowable densities are used. A series of semi -automated scripts and queries are run using the GIS to sort and classify every parcel in the City and UGA (approximately 33,000 tax parcels) into the following categories. • Developed Land • Redevelopable Land • Partially Vacant Land • Vacant Land • Public/Quasi-Public Land DeveloiDed land is defined as land with no additional space (i.e. full lot/parcel coverage) and significant structural (improvement) values. This is land that is not seen as likely to support further or more intense levels of development. Redevelopable Land is defined as land occupied by current development that is of relatively low intensity, or of relatively low structural (improvement) value. This is land that is seen as likely to support further or more intense levels of development. For residential development a threshold of 10% structural to total property value is used to identify land with redevelopment potential. In other words, if the value of the structure (improvements) is 10% or less than the total property value the current use is deemed likely to redevelop over the next 20-years to a more intense use. Also use minimum $1.50 per square foot total value to total 123 area to identify larger acreage parcels that may have significant structural value, but also have enough land to justify inclusion for potential redevelopment. Partially vacant land is defined as land partially occupied by development. Typical examples include residential lots in city neighborhoods where a home has a large side -yard that could accommodate an additional home of similar footprint. And single-family homes located on large 2-5 acre tracts of land where the zoning would support subdivision to smaller platted lots. For partially vacant land a threshold of 2.5 times the zoning density is used to filter out lots with development potential. For example, in a zone supporting 5,000 square foot lots, a parcel with an existing single-family home would need to be at least 12,500 square feet in size to be considered partially vacant. In addition to the 2.5x factor, properties are viewed in the context of surrounding platted lots (an interactive procedure) such that an entire subdivision of 12,500 square foot lots in a 5,000 square foot zone would not be considered for further development. Rather lots that are exceptionally large relative to the surrounding properties are identified as those with the most potential. A final criteria filters out properties where the existing home's structural value is more than $250,000. This serves to eliminate mansion -class homes where the size, value, and position of the home on the lot make further development unlikely. Vacant land is defined as land with no, or insignificant improvements. Based on recommendations in the DCTED Land Supply Analysis literature, a threshold of $10,000 structural (improvement) value is used to identify properties as vacant. Public/Quasi-Public land is defined as land in public ownership or in an ownership that makes development of residential uses unlikely. Examples of public ownership include City, County, State, and Federal lands. Also included in the public category are Port properties, tribal lands, cemeteries, etc... Examples of quasi -public ownership include private utility companies and their transmission corridors, religious organizations that hold land for future facility development, land owned by private land trusts and conservation entities, private openspace, and land with deed restrictions specifically limiting further development (utility service restrictions etc...). These properties are sorted and filtered based on ownership, tax status codes, landuse codes, legal descriptions, and deed listings. 2 124 Step 2. Subtract all parcels that your community defines as not developable because of physical limitation. For instance, once you have identified critical areas, such as wetlands, and have established plan policies and regulations prohibiting development in these areas, subtract these areas from the initial land supply pool. Using the City's GIS layers the following Critical Areas features and associated buffers have been identified. The average buffer widths used correspond to those specified in the City's proposed CAO Ordinance. • Wetlands (NWI Survey, 1992 Inventory, 2003 Inventory) —100' Avg. buffer. • Streams (Regulated streams layer) —100' Avg. buffer. • Floodplains (2004 FEMA layer) —100 Year & Floodway • Geologic Hazards (slopes layer from 5 foot resolution Digital Terrain Model, landslide hazards layer). • Shoreline Management Program areas (Proposed SMP layer) - 200' Avg. buffer. These layers were combined in the GIS as a composite critical areas layer and then overlaid on the classified buildable lands base layer. The area of each parcel covered by critical areas is then subtracted from the parcel's gross area to derive a net -buildable area. Discussions with City environmental planning staff support the use of 100' average buffers for wetlands and streams (for general land supply analysis). A large number of wetlands identified by reconnaissance surveys are of relatively low functional value and will ultimately be protected by smaller (less than 100') buffers. The use of 100' as an average allows for an accurate representation of the area impacted by buffers protecting the full range of wetland types. A significant portion of the acreage in this category will count towards the Parks forecasted demand for conservancy openspace. This is in -line with the past pattern of lands impacted by critical areas and their buffers being dedicated to the City as openspace through the platting process. Step 3. Subtract lands which will be needed for other public purposes. "this includes utility corridors, landfills, sewage treatment plants, recreation, schools, and other public uses (GMA, Section 15, RCW 36.70A.150). This category includes reductions for stormwater management facilities, right of way, developable park land, and other public facilities. Reductions for these categories are applied to unplatted buildable lands only (with the exception of parks — see parks section below). This is in recognition of the fact that lands that have already been platted have had these reductions placed upon them through the platting process. 3 125 • The stormwater infrastructure reduction of 18% is based on the Washington State Department of Ecology standard. The right of way infrastructure reduction of 20% is based on combining the average reduction for residential of 15% and the average reduction for commercial and industrial of 25% to arrive at a single factor that could be applied across all vacant, unplatted land regardless of the mix of proposed uses. The Stormwater and ROW reductions are not applied to Multi Family. Multi Family housing forms achieve higher floor -area ratios with multi -story development offsetting the effects of ROW and Stormwater reductions. A 10 units per acre threshold was chosen as a representative split between SF and MF housing types. A density split was chosen as opposed to selecting all RM zoning because some RM zones have overall specified densities low enough to make multi -story multi -family construction less likely than single-family detached (Chandler Parkway as an example is zoned RM, with an overall density of 10,980sf per unit, or 4 units per acre and is developed primarily as large, single-family detached homes). The level of service reduction for developable park land is based on a standard of 28 acres of developable park land for every 1,000 people. There is an additional 16 acres of conservancy openspace park land per 1,000 people that is assumed to come from the 2,101 acre critical areas reduction. These standards were derived from the public facilities needs identified in the 2004 Final EIS, and the 2004 Parks and Openspace Masterplan, and through consultation with Parks Department staff. The 28 acres per 1,000 people reduction is applied to all unplatted, vacant residential land. For platted, vacant residential land a reduction of 14 acres per 1,000 people is made. The split between platted and unplatted land accounts for the fact that land that has already been through the subdivision/platting process has already had reductions for parks, openspace, and public facilities made. The 14 acres per 1,000 reduction is justified through historic patterns of park land purchases of land in areas where sufficient lands could not be set aside through the normal development process. The 20-year service area population for parks is calculated based on the 31,601 population growth figure, and also the addition of the 12,194 existing residents (in 2002) in the UGA. The UGA population is not considered as part of the existing service area population. These two populations added together comprise a gross total increase of 43,795 people for parks service customers over the 20-year planning period. At a level of service of 28 acres per 1,000 people this requires 1,226 new acres of developable park lands by the year 2022. Between the years 2002 and 2005 the City acquired 85 acres of developable park lands. There are 39 linear miles of proposed trail corridors in the City and UGA (corridors yet to be constructed). 23 of these miles are in commercial and industrial zones and 16 are in residential zones. Using the multiplier of 4.85 acres per'/z linear mile (from the Parks & Openspace Masterplan) this would remove a total of 4 126 378 acres of developable trail corridor from the land supply. 223 acres from the commercial and industrial land supply and 155 acres from the residential supply. Based on discussions with Parks staff not all of these corridors would develop as planned. Also, there are trails that are proposed for residential zones that would be built in wetland buffer areas not included in the acres of developable lands already reduced from the residential supply. Therefore, Parks Department Staff recommend a figure of 250 acres of developable land as a reasonable estimate of the acreage required to accommodate the proposed trail. The reductions are applied on a parcel -by -parcel basis using the following technique: 1. Buildable (vacant, partially vacant, or redevelopable), unplatted parcels are selected. 2. Following reductions for critical areas, the net buildable area is calculated. 3. The specified residential zoning density for each parcel is converted to a square foot per resident figure a. Square feet per unit is reduced by a vacancy rate (sliding scale) with a low end of 3.4% for single-family detached and a high end of 6.7% for high -density multi -family. b. This adjusted square feet per unit figure is multiplied by an occupancy rate (sliding scale) with a high end of 2.53 persons per household for single-family detached and a low end of 1.7 for high -density multi- family (MF avg. = 1.91). c. The resulting figure represents the square feet per resident. 4. The 28 acres per 1,000 residents is converted to a square foot per resident figure by multiplying 28 acres x 43,560 sq. ft. per acre and dividing the result by 1,000 to get 1,220 square feet per resident of developable park land. 5. The 1,220 sq. ft. per resident of developable park land is then added to the square feet per resident figure from step 3 to derive an adjusted sq. ft. per person figure. 6. This adjusted density per person is then multiplied by the same persons per household occupancy and the vacancy rates to derive an adjusted sq. ft. per housing unit figure. 7. The adjusted density figure is then used to calculate the unit -bearing capacity of each parcel with a built-in set -aside for developable park land. The level of service reduction for other public facilities is 2.8 acre per 1,000 people. This figure was derived from the City's Final EIS published in July of 2003. The reduction takes into account forecasted land needs for schools, fire, police, jails (including 50 acres for a regional jail facility), libraries, utilities, and general administration. The forecasted land needs were compared against undeveloped land held by public entities such as the Bellingham School District (The BSD now owns land for 3 elementary school sites in Yew Street, Aldrich Road, and King Mountain areas of the UGA) to derive the net forecasted need. This figure was then 5 127 divided by the population growth forecast to derive an acres per 1,000 residents level of service. The reductions for other public facilities were calculated on a parcel -by -parcel basis using the same procedure (with the 2.8 acre/1,000 figure) described above for the developable park land reduction. Step 4. Subtract all parcels which your community determines are not suitable for development for social and economic reasons. For instance, if you have adopted plan policies and regulations protecting historic districts or certain agricultural lands, or if from a market standpoint the land is not likely to develop within 20 years, subtract these from land supply. The lands that fall into this category were removed as part of Step 1. The public/quasi-public category includes lands deemed not suitable for development due to social and economic reasons. Examples of this include vacant lands owned by religious organizations, private schools, land trusts, conservation organizations, private utility companies, and land where development is restricted by deed mechanisms (i.e. utility service agreement restrictions in the Lake Whatcom Watershed). Currently, development in historic districts in the City of Bellingham is not prohibited. However, should such restrictions be adopted in the future, appropriate adjustments to the land supply would be made in the context of this step. Step 5. Subtract all parcels which you assume will not be available for development within your plan's 20-year framework, Assume that a certain percent of vacant, under-utilized, and partially -used lands will always be held out from development. A 15% reduction for under -building in the City where the zoning does not include minimum density requirements. Since 1995 there have been 6,430 housing units built in the City. The zoning in place when these units were built could have accommodated up to 7,540 housing units. The decision by owners to build at less than the maximum density has resulted in a loss of infill capacity of 1,110 housing units (15%). Other examples of areas where underbuilding has affected infill capacity are the Birchwood and Samish neighborhoods where the zoning and development patterns are more suburban than urban in nature (20,000+ sq. ft. lots). A 15% reduction in the UGA for owners deciding not to build or sell within the 20- year planning period. An independent survey conducted in 2001 by a local engineering firm* found that 15% of the Bellingham Urban Growth Area's vacant land over 2-acres in size was owned by people who did not plan to sell or develop their property in the next 20 years. While the zoning proposed for the UGA areas does include minimum density requirements (typically 6 units/acre), this reduction factor accounts for the uncertainty attached to lands developing at the urban/rural interface. *Jones Engineers, Bellingham, WA n 128 An additional study published November, 2005 by Straight -Up Communications (conducted by WWU's Small Business Development Center) confirmed the earlier study's findings that there is significant resistance to higher density development within the Yew Street UGA. As an example, when asked if they would be willing to sell their land, at market price for redevelopment; 66% of respondents answered "no" (11 % "yes", 13% "maybe, depending on the development plan", 10% "1 don't know"). Step 6. Build in a Safety factor. If you are unable to monitor land supply on a regular basis, consider building in a safety factor of land in addition to your projected 20- year land area needs to assure adequate availability and choice at all times. 1. Even though communities refine their methods for determining available land supply, there will always be a certain degree of uncertainty inherent in making long-range growth projections and predicting market conditions. 2. There is evidence that some communities have experienced increased land and housing costs which may be related to setting urban growth areas too tightly. Two approaches are recommended to assure that land supply is not restricted to the degree that it contributes to significantly higher housing costs. WSU's Center for Real Estate Research in their 2005 State Housing Market Supply/Demand Assessment noted that only 20.8% of the homes listed for sale in Whatcom County were below $250,000; and only 6.7% were below $160,000. This study also noted that while a 5-7 month supply* of housing is considered normal or balanced, Whatcom County's 2"d Quarter 2005 supply was 2.3 months overall and in the $160,000 to $249,000 segment of the market was 0.8 months (43% below the state average). Current low inventories in the housing market suggest prices will continue to outstrip inflation.. This statistic is a measure of how long it would take to sell all homes on the market if no new listings were added. Supporting documentation for linking housing supply with housing affordability: WSU Center for Real Estate Research - 2005 WA State Housing Market Supply/Demand Assessment. htt './p /www.cbemsu.eduh-wcrer/ The Joint Center for Housing Studies — State of the Nations Housing 2005 hLt :/ wwww,jchs.harvard.edu/publications/markets/son2005/son2005 executive summary pdf Reason Public Policy Institute — Housing Supply and Affordability. httaV.//www.rp i.org/ps318_pdf • Continuously monitor land supply. Reevaluate and adjust land supply more frequently than required by Washington's GMA, possibly every one to three years. Consider building in a safety factor of additional land beyond that needed to exactly accommodate the projected 20-year growth for your community. Such a factor 7 129 "allows for unanticipated choices of individuals and firms who may acquire land in excess of the anticipated need, and it allows for land which may be held out of use because of personal preferences or whims of a few property owners or because of legal complications which make the land unavailable for immediate development." The excess should not be more than 25 percent. 3. Additional Ground Rules to Assure that Land Supply Decisions Won't Inflate Housing Costs • The key point to remember — limiting supply below demand tends to increase prices. • Plan to provide an adequate supply of housing throughout the 20-year plan time frame. • Coordinate your efforts with those of adjacent jurisdictions. • The supply of land provided should match the needs of your particular population mix. • To the extent that less information is available and greater uncertainty exists, build in a "safety" factor for adequate land supply. Even though communities refine their methods for determining available land supply, there will always be a certain degree of uncertainty inherent in making long-range growth projections and predicting market conditions. There is evidence that some communities have experienced increased land and housing costs which may be related to setting urban growth areas too tightly. Hearings Board Decision "The sizing of UGAs remains dependent upon an accounting exercise requiring a reasonable relationship between its selected size and the likely future population for each county. With regard to the question of the permissible size of a 'land supply cushion' or 'market factor,' several conclusions are in order. The Board has previously held that a county may size its UGA with more land than is required to meet the demands of 20 years of projected growth. See Tacoma, at 10. This 'excess land supply' may be called a 'market factor,' as EHB 1305 does, or a 'safety factor' or'cushion.' What a county chooses to call such excess land supply does not matter so much as that such factor is explicitly quantified and expressed as a percentage of land beyond the minimum necessary to accommodate the OFM projected growth, at the land use densities stated in each jurisdiction's land use map... ...While it is difficult to draw an absolute limit beyond which a county may not go in using such a factor, the Board holds that a `market factor bright line' will be drawn at the 25 Percent threshold. The Board takes official notice of the DCTED publication, Issues in Designating Urban Growth Areas -Part I -Providing Adequate Urban Land Supply, March 1992. Citing several approaches in other growth management states, this publication discussed the concept of an excess land 130 supply and the need to strike a balance in sizing UGAs so as to contribute neither to sprawl nor to increased housing costs." Bremerton, et al. v. Kitsap County, Central Puget Sound Growth Management Hearings Board, Consolidated Case No. 95-3-0039. Id at Page The land supply analysis includes a safety factor reduction of 0-25% to ensure affordability in the city neighborhoods and urban centers. And to account for uncertainty as to if and when areas of the UGA may annex to the City. Areas already identified by the community for more intense development (i.e. urban centers) and those under single -ownership (i.e. Barkley Village) have been assigned a lower safety factor to account for the lower level of uncertainty. Step 7. Determine total capacity. After determining desirable densities and land uses for various areas within your jurisdiction, multiply the number of acres in remaining parcels by the number of units per acre allowed in the area where the parcel is located. Add together to determine total capacity of vacant, under utilized, and partially -used land. Following steps 1-6 the remaining buildable residential land is used to determine total capacity. To do this a residential development density is attached to each parcel based on the current zoning in the City, and the proposed zoning in the UGA, and the estimated capacity of each of the Urban Centers. The square footage (net developable area after all reductions) is divided by the development density resulting in a net new housing unit count. To convert these new housing unit counts to population the following procedure is followed: 1. The housing unit totals are reduced by a vacancy rate (sliding scale) with a low end of 3.4% for single-family detached and a high end of 6.7% for high - density multi -family. 2. This adjusted housing unit figure is multiplied by an occupancy rate (sliding scale) with a high end of 2.53 persons per household for single-family detached and a low end of 1.7 for high -density multi -family (MF avg. = 1.91). 3. The resulting figure represents the estimated population capacity of the buildable residential lands. There are currently 223 occupied housing units in commercial and industrial zones (161 in the City and 62 in the UGA). Residential units built since the commercial zoning was in place have been excluded since these uses are allowed and in many cases (like Downtown and Fairhaven) share space with commercial uses in a mixed -use environment). Using standard occupancy and vacancy rates these housing units are estimated to accommodate 538 residents. To account for redevelopment of these units to commercial and industrial uses 0 131 and the resulting relocation of this population, a reduction of 538 people and 223 housing units will be made to the residential land supply. Finally, the resulting adjusted estimated population capacity is compared against the forecasted population growth to determine if further infill capacity is needed. The forecasted population growth figure is 27,329 people between 2005 and 2022. Adopted population forecast for 2002-2022 calls for 31,601 new people. During the 3-year period 2002-2005 the City and UGA have grown by 4,222* people. This total is on target with our forecasted rate of growth. The population to be accommodated during the remainder of the 20-year planning period is 27,379 people. (31,601 — 4,222 = 27,379) *2002-2005 growth figure of 4,222 people was derived by taking the Washington State Office of Financial Management official estimate for Bellingham's growth of 3,060 people and adding it to an estimate of population growth in the UGA of 1,162 people. The UGA growth figure was derived by applying standard occupancy and vacancy rates to residential permits finaled in the UGA by Whatcom County during the 2002-2005 time period. Step 8. Draw the urban growth boundaries for your jurisdiction which meet criteria you have set. Include enough developable, suitable, and available vacant, under-utilized or partially -used land area to meet your share of projected growth. 10 132 WHATCOM COUNTY COUNCIL AGENDA BILL NO..2nn6_ 3.0 0 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: BMR 0 29-06 07-11-06 Introduction Originator: r- n �� n LE G E� V E BMR 06-29-06 08-08-06 Public Hearing Division Head.• L 032006 JUL V WHATrC0'1Mf4;COUNTY LiOUNICi Dept. Head: JMM r� Prosecutor: 00-0, Q f Purchasin et: G a Q ESeCat7Ve: AtA&)A I I I TITLE VFDOCUMENT. Memorandum Ordinance authorizing an assessment to provide revenue for the Samish Watershed Subzone ATTACHMENTS: Memorandum & Ordinance SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: August 8, 2006 See Resolution SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance authorizing an assessment of the Samish Watershed Subzone to provide revenue for maintenance, operation and replacement of the dam structure at the month of Lake Samish. COMMITTEEACTION.• COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution A132006- Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on tl�e Coun 's website at. www.co.whatcomwauslcouncit 133 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JEFFREY M. MONSEN, P.E. Director MEMORANDUM TO: The Honorable Pete Kremen, Whatcom County Executive and Honorable Members of the Whatcom County Council FROM: Bruce Roll, Assistant Director, Public Works DATE: July 12"', 2006 Bruce M. Roll, Ph.D., M.P.H. Assistant Director ADMINISTRATION CIVIC CENTER ANNEX 322 N. Commercial Street, Suite 210 Bellingham, WA 98225 Phone # (360) 676-6692 Fax # (360) 676-6863 www. co.whatcom.wa. us RE: Ordinance Authorizing an Assessment to Provide Revenue for the Samish Watershed Subzone Background Brief Chronological History of Lake Management District No.1 1983: Under pressure from the Washington Department of Fish and Wildlife (WDFW), the Washington State Department of Ecology (DOE) placed a moratorium on the allocation of additional rights to withdraw water from Lake Samish. WDFW was concerned about the negative impact of lake withdrawals on Friday Creek flows during the dry summer months, as they operate a fish hatchery on Friday Creek about 5 miles south of where Lake Samish outflows into Friday Creek. January 1991: DOE stated that unless property owners developed an acceptable plan to augment stream flow from the lake into Friday Creek during the dry season, or provide evidence that a public water system will be developed, DOE would issue regulatory orders to everyone taking water without a water right to cease and desist. Around this timeframe, DOE conditioned all Lake Samish water withdrawal permits with the requirement that a minimum of 2 cubic feet per second (cfs) flow rate be maintained in the Friday Creek channel. January 28, 1992: In response to the concerns of local citizens, DOE and WDFW, the Lake Samish Whatcom County Lake Management District No. 1 (LMD) was created through Ordinance No. 92-006. The purpose of the LMD was to ensure that the DOE requirement for 2 cfs flow in the Friday Creek channel was satisfied. An Advisory Committee was formed to work with County staff to carry out the requirements of the LMD. The initial term of the LMD was three years. July 7, 1992: Ordinance No. 92-040 established a one-time assessment.on specific properties within the LMD. A total of $71,410.94 was levied by this ordinance to fund the construction and operation of a flow augmentation dam structure. September 1994: Following permitting and design, construction of a flow augmentation dam structure began just upstream of the Nulle Road bridge, and the Friday Creek channel was cleaned of logs and debris from Nulle Road to Lake Samish. 134 January 24, 1995: Ordinance No. 95-002 extended the duration of LMD No. 1 for an additional seven years (until January 28, 2002), or until such time that a public water supply was constructed to replace water withdrawals from Lake Samish. May 16, 1995: The dam was installed for the first time, and it metered flows at 2 cfs though the summer months, until it was removed on November 3, 1995 for the wet season. This practice has been employed every year since 1995. Funding for ongoing maintenance and operation of the dam structure was provided by the one time assessment collected in 1992. October 11`h, 2005: In response to the dwindling fund balance of Lake Management District No. 1., County staff met with the Lake Management Advisory Committee to discuss future funding of the Lake Management District. During this meeting it was agreed to create a new assessment role for consideration by the Board of Supervisors (County Council). March 15`h, 2006: County staff met with the Advisory Committee regarding potential future funding mechanisms and proposed boundaries for the assessment area. The Advisory Committee supported development of new assessment role and proposed boundaries of the assessment area. April 180, 2006: County staff met with the Flood Control Zone District Board of Supervisors regarding future assessments and the creation of the Samish Watershed Subzone. June 6`h, 2006: The Whatcom County Flood Control Zone District Board of Supervisors passed a resolution setting a public hearing for the establishment of the Samish Watershed Subzone. June 201h, 2006: A public hearing was held and the Samish Watershed Subzone was established by the Whatcom County Flood Control Zone District Board of Supervisors (County Council). On July 11`h 2006: The Whatcom County Flood Control Zone District Board of Supervisors passed a resolution setting a public hearing concerning authorization of an assessment to provide revenue for the Samish Watershed Subzone. On August 81h 2006: The Whatcom County Flood Control Zone District Board of Supervisors will hold a public hearing concerning authorization of an assessment to provide revenue for the Samish Watershed Subzone. Action Requested In accordance with RCW 86.15.160 the Flood Control Zone District Board of Supervisors may authorize an assessment upon property specially benefited by flood control or storm water control improvements. Additional funding is necessary for ongoing clearing of the Friday Creek outlet channel and maintenance, operation and replacement of the dam. structure. Please contact Bruce Roll at 676-6692 should you have questions regarding this proposal. llls-civic-11VOL11USERSIWaterlShared\Lake Samish\MEM Samish Subzonc Assessment Ord.doc 135 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 SPONSORED BY: PROPOSED BY: PUBLIC WORKS INTRODUCTION DATE: July 11, 2006 ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING AN ASSESSMENT TO PROVIDE REVENUE FOR THE SAMISH WATERSHED SUBZONE WHEREAS, RCW 86.15.160 (2) authorizes an assessment upon property, including state property, specially benefited by flood control improvements or storm water control improvements; and, WHEREAS, in accordance with RCW 86.15.025 on June 20th, 2006, a geographic portion of the Whatcom County Flood Control Zone District was established as the Samish Watershed Subzone; and, WHEREAS, the Samish Lake Management District No. 1 Advisory Committee has recommended an assessment is needed to maintain and operate the Friday Creek dam and remove debris from the Lake Samish outlet channel; and, WHEREAS, $17,254 in annual revenue is needed to maintain and operate the Friday Creek dam and remove debris from the Lake Samish outlet channel; and, WHEREAS, the operation of a dam structure is needed to augment stream flows in Friday Creek and mitigate for water withdrawals by domestic units in the Lake Samish Watershed; and, WHEREAS, debris contributed from lake front parcels must be removed from the Lake Samish outlet channel to maintain stream flows in Friday Creek; and, WHEREAS, an assessment for water withdrawals will be calculated based on 400 gallons of water use per day for each domestic unit and lake front footage; and, 136 2 WHEREAS estimated assessment proposed to be imposed on each parcel 3 in the Samish Subzone is $14.94 per domestic unit; and, 4 5 WHEREAS, estimated assessment proposed to be imposed on each lake 6 front parcel in the Samish Watershed subzone is $0.23 per lake frontage foot, with 7 a minimum lake frontage assessment of $2.30; and, 8 9 WHEREAS, the assessment roll should be updated annually to reflect 10 appropriate changes in assessments for development upon unimproved parcels 11 within the subzone; and, 12 13 WHEREAS, in accordance with RCW 86.09.490 and RCW 86.09.493 the 14 assessment upon real property shall be a lien against the property assessed and 15 said assessments shall become due and payable at the time or times general 16 taxes accrue payable; and, 17 18 WHEREAS, RCW 86.15.162 provides statutory authority on delinquent 19 assessments for sale of parcel under RCW 86.09.496 and RCW 86.09.499. If the 20 district reconveys the land, however, interest shall accrue at the rate provided in 21 RCW 86.09.505; and, 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that an annual assessment of $0.23 per lake frontage foot, with a minimum lake frontage assessment of $2.30 and $14.94 per domestic unit, is hereby levied for the Samish Watershed Subzone, provided that revenue from said charges shall be administered in accordance with the provisions of RCW 86.15 and in compliance with RCW 86.09. ADOPTED this day of 12006. ATTEST: Dana Brown -Davis, Council Clerk Chair WHATCOM COUNTY COUNCIL, WHATCOM COUNTY, WASHINGTON Laurie Caskey-Schreiber, Council Pete Kremen, County Executive 137 1 2 3 5 6 7 S APPROVED AS TO FORM: ��' �'' � -, � W, � - -, � Daniel L. 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J O LL m m y� N 3 V N m E O 0 J J 0 H Z W V7 U7 W U7 Q b H 1 51l N O N co a 150 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2006-320 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: PW Committee/ Originator: JPR 711312006 FR EE C E � V 712512006 Introduction Public Heari►ag/ Division Head: JPRR 711312006 `J J U L 18 2006 81812006 Adoption Dept. Head: / l� �� / �� %11/Q& Prosecutor: WHATCQM CoUr Purchasing/Budge! 0' 1 A N L E-ecutive: 7/4—CC, TITLE OF DOCUMENT. Resolution in the matter of the Whatcom County Six -Year Transportation Improvement Program for the years 2007 through 2012 ATTACHMENTS: 1. Memo to County Executive and Council Attachment "A"-2007-2012 Capital Project Priority Order and Financial Distribution by Year Attachment "Bl-BY"- Road Fund Balance, Revenue, and Expenditure Projections Attachment "C"—Roadway Priority Rating Program Attachment "D" —Bridge Report 2. 2007-2012 Six Year Transportation IniprovementProgram Resolution Exhibit "A"— 2007-2012 Sir -Year Transportation Improvement Program Exhibit `B"- 2007-2020 Fourteen -Year Ferry Capital Program SEPA review required? { ) Yes (X ) NO Should Clerk schedule a hearing? ( X ) Yes ( } NO SEPA review completed? { ) Yes (X ) NO Requested Date: 81812006 SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Each year the County is required to update its Six -Year Transportation Improvement Program (STIP), per RCW 35.77.010 and RCW 36.81.121. The STIP includes the capital elements of the first six years of the Fourteen -Year Ferry Program. The STIP is intended as a planning tool for local, state and federally funded projects and is designed to identify projects for preliminary engineering, right-of-way purchase and/or construction. COMMITTEE ACTION: COUNCIL ACTION.• Related County Contract #. Related File Numbers. Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcoin.wa.us1counciL 151 WHATCOM COUNTY JOSEPH P. RUTAN, P.E. PUBLIC WORKS DEPARTMENT P`f.°� Assistant Director/County Road Engineer 2011 Young St., Suite 201 Bellingham, WA 98225-4052 .IEFFREY M. MONSEN, P.E. oa Phone: (360)715-7450 Director 9sNiKa1 Fax: (360) 715-7451 Memo TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Council FROM: Joseph P. Rutan, Asst. Director/County Road Engineer CC: Jeffrey M. Monsen, Public Works Director DATE: July 13, 2006 SUBJECT: Six -Year Transportation Improvement Program, 2007-2012 PW Committee Work Session, Introduction and Adoption Requested Action: The Department of Public Works requests that a Council Public Works Committee work session be scheduled for July 25, 2006 for discussion of the information attached to this memorandum regarding the 2007-2012 Six -Year Transportation Improvement Program (STIP). If approved by the Committee we request that the STIP Resolution and its associated exhibits, 2007-2012 Six -Year Transportation Improvement Program and 2007-2020 Fourteen -Year Ferry Capital Program, be introduced at that evenings County Council meeting. We then request that a public hearing be advertised for and held at the August 8, 2006 County Council meeting, with the resolution adopted at said meeting. Backeround and Purpose: Each year the County is required to update its Six -Year Transportation Improvement Program, per RCW 35.77.010 and RCW 36.81.121. The County is also required to prepare a Fourteen -Year Ferry Capital Program each year per RCW 36.54.015. The STEP includes the capital elements of the first six years of the Fourteen - Year Ferry Capital Program which is exhibit "B" of the resolution. Information: I- Memorandum to County Executive and Council Attachment "A"- 2007-2012 Capital Project Financial Distribution by Year. Attachment "B 1 "- Road Fund Balance Projections Attachment "B2"- Road Fund Revenue Projections Attachment "133" - Road Fund Expenditure Projections Attachment "C" - Roadway Priority Rating Program Attachment "D"- Bridge Report Attachment "A" is a simplified form of Exhibit "A" to the STIR This simplified form shows priority order of proposed projects as well as expenditures by year. This is being provided in order to facilitate the Public Works Committee work session. Changes made to this form by the Public Works Committee will then be transferred to Exhibit "A" of the Resolution for introduction and eventual adoption. 2- 2007-2012 Six Year Transportation Improvement Program Resolution Exhibit "A"- 2007-2012 Six -Year Transportation Improvement Program Exhibit "B"- 2007-2020 Fourteen -Year Ferry Capital Program 152 m O n 0 G L 0 a c a O L a E r. 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Louise Road Lake Whatcom Boulevard Lake Louise Road Lake Louise Road Marine Drive Lake Whatcom Boulevard Lake Whatcom Boulevard North Shore Road Lincoln Road Drayton Harbor Road Drayton Harbor Road Harborview Road Marine Drive Mountain View Road Cain Lake Road Badger Road (W) Cable Street Kickerville Road Marine Drive Mosquito Lake Road North Telegraph Road Van Wyck Road Marine Drive Mosquito Lake Road Mountain View Road North Shore Road South Pass Road South Pass Road Bennett Drive Haxton Way Marine Drive Mosquito Lake Road Hopewell Road Lake Whatcom Boulevard Semiahmoo Drive Shintaffer Road Axton Road (E) Ferndale Road Goodman Road Birch Point Road Cedarville Road Kickerville Road Marine Drive Mosquito Lake Road Mosquito Lake Road North Telegraph Road Whatcom County Priority Rating Program From Locust Street Birch Bay Lynden Road Sudden Valley Campground UAB Spring Valley Dr (private) Lake Whatcom Boulevard Seaplane Road Gate 5 (SV) UAB Old Marine Drive Cable Street Southern Ct (private) Bellingham C/L Shintaffer Road Harborview Road Blaine CIL Lincoln Road Wynn Road Olson Road NE Cain Lk Rd Sunrise Road Terrace Avenue (N) Bay Road Kwina Road North Fork Road Sorenson Road Hannegan Road Alderwood Avenue Township Line Lake Terrell Road MP 1.00 Goodwin Road North Pass Road Airport Drive Kwina Road Ferndale Road Hutchinson Creek Siper Road Lake Louise Road Elderberry Lane Lincoln Road SR 539 Ulrich Road Johnson Road Semiahmoo Drive Goshen Road Arnie Road Bancroft Road Old Garbage Dump Road Middle Fork Bridge Badger Road (E) To Bennett Drive Badger Road (W) UAB Austin Street Samish Way Gate 5 (SV) Lake Louise Road UAB Sudden Valley Campground Alderwood Avenue Strawberry Point Road South Bay Drive MP 1.00 Harborview Road Blaine Road Harborview Road Drayton Harbor Road Old Marine Drive Ferndale CIL Lake Whatcom Boulevard Markworth Road Lake Whatcom Boulevard Arnie Road Ferndale Road SR 542 Badger Road (E) SR 542 Locust Street North Fork Road Olson Road Y Road North Pass Road Frost Road Bakerview Road (W) Slater Road Rural Avenue Middle Fork Bridge Goodwin Road Southern Ct (private) Blaine CIL Birch Bay Drive Hannegan Road Ferndale CIL Meadow Lane Birch Bay Village Entrance SR 542 Birch Bay Lynden Road Wynn Road Hutchinson Creek Township Line Sumas Road FFC 16 8 7 16 16 7 17 17 7 16 17 7 16 7 7 8 7 16 16 7 7 16 8 7 8 8 7 16 8 7 16 7 7 17 7 7 8 8 7 7 7 7 16 8 7 8 8 16 8 8 8 Page 1 of 6 157 2006 Rating 46 46 46 47 47 47 47 47, 47 47 48 48 48 48 48 48 48 48 49 49 49 49 49 49 49 49 49 49 50 50 50 50 50 50 50 50 50 50 50 50 50 50 51 51 51 51 51 51 51 51 51 Road Name South Bay Drive Vista Drive Vista Drive Bakerview Road (W) Beach Way Ferndale Road Gooseberry Spur Nugent Road Rural Avenue Silver Lake Road Goodwin Road Mosquito Lake Road Mosquito Lake Road Northwest Drive Northwood Road Nugent Road Silver Lake Road Wiser Lake Road (E) APA Road Bay Road Benson Road Kickerville Road Lummi Shore Road Maplewood Avenue (W) Nugent Road Siper Road Tyee Drive Wiser Lake Road (W) Birch Bay Lynden Road Goshen Road H Street Road Hemmi Road (E) Hemmi Road (E) Lake Samish Drive (W) Lake Whatcom Boulevard Lummi Shore Road Northwood Road Slater Road South Pass Road Van Buren Road Van Buren Road West Shore Drive Boundary Bay Road Ferndale Road Goodwin Road Grandview Road Jackson Road Johnson Road Lake Samish Drive (W) Laurel Road (W) Legoe Bay Road Whatcom County Priority Rating Program From Lake Whatcom Boulevard Ferndale CIL Grandview Road Bellingham CIL Slater Road Slater Road Lummi view Drive Legoe Bay Road Curtis Road SR 542 Sorenson Road SR 9 MP 0.94 Pole Road (W) Badger Road (E) Blizard Road Rock Quarry SR 539 Tyee Drive Kickerville Road Teller Road Rainbow Road Cagey Road Bellingham CIL Ferry Dock MP 0.81 Benson Road Ritter Road Portal Way Fazon Road Axling Road Hannegan Road Everson Goshen Road Nulle Road MP 2.07 Lummi View Drive Pangborn Road Beach Way Frost Road Hampton Road MP 3.34 Legoe Bay Road APA Road Marine Drive South Pass Road Point Whitehorn Way Birch Bay Drive James Road Summeriand Road UAB Nugent Road To 'Brannigan Creek Grandview Road Bay Road Bennett Drive Sucia Drive Ulrich Road Ferry Dock Granger Road Slater Road Rock Quarry South Pass Road MP 0.94 Old Garbage Dump Road Ritter Road Pangborn Road West Shore Drive South Pass Road Hannegan Road Boundary Bay Road Bruce Road Boundary Bay Road Grandview Road Marine Drive Bakerview Road (W) Blizard Road Hopewell Road Roosevelt Road SIR 539 MP 4.20 Cedarville Road Sunrise Road Everson Goshen Road Mission Road Summeriand Road Seaplane Road MP 0.77 Halverstick Road Lake Terrell Road Kendall Road Lindsay Road Halverstick Road Nugent Road Johnson Road Slater Road Hopewell Road Jackson Road Grandview Road Boundary Bay Road Lake Samish Drive (N) Aldrich Road West Shore Drive FFC 8 17 8 17 8 7 7 8 17 8 8 8 8 8 8 8 8 8 8 8 8 7 8 14 8 8 7 8 7 8 7 8 8 8 17 8 8 8 7 7 8 8 8 7 8 7 8 8 8 8 8 Page 2 of 6 158 Whatcom County Priority Rating Program 2006 Rating Road Name From To FFC 51 Lummi View Drive Lummi Shore Road Goosebery spur 8 51 Marine Dr 1 Edwards Dr Gulf Road Marina rive 8 51 Northwood Road UAB Badger Road (E) 17 51 Northwood Road Hampton Road UAB 8 51 Olson Road Aldergrove Road Mountain View Road 8 51 Slater Road Lake Terre[[ Road Haxton Way 7 51 South Bay Drive Brannigan Creek Park Road 8 51 South Pass Road Kendall Road Silver Lake Road 8 51 Y Road North Shore Road Jensen Road 8 52 Curtis Road Country Lane Rural Avenue 17 52 Hannegan Road Smith Road (E) Ten Mile Road 7 52 Hovander Road Smith Road (W) Ferndale CIL 16 52 Lake Samish Drive (N) Lake Samish Drive (W) Lake Samish Drive (E) 8 52 Laurel Road (E) SR 539 Hannegan Road 8 52 Nugent Road Sunrise Road Legoe Bay Road 8 52 Pole Road (W) Northwest Drive SR 539 7 52 Smith Road (W) Hovander Road Ferndale CIL 16 53 Berthusen Road Loomis Trail Road West Main Street 8 53 Birch Bay Drive Alderson Road Harborview Road 7 53 Cain Lake Road Skagit County Line NE Cain Lk Rd 7 53 Country Lane Rural Avenue Bancroft Road 16 53 Everson Goshen Road Smith Road (E) Hemmi Road (E) 7 53 Fazon Road Goshen Road Hemmi Road (E) 8 53 H Street Road SR 539 Axling Road 7 53 H Street Road Sunrise Road Blaine CIL 7 53 Halverstick Road Crape Road Garrison Road 8 53 Hannegan Road Van Wyck Road Smith Road (E) 7 53 Haxton Way Balch Road Kwina Road 7 53 James Street Road Bellingham CIL Bakerview Road (E) 16 53 Lake Samish Drive (N) Lake Samish Drive (E) Old Samish Road 8 53 Laurel Road (W) Aldrich Road SR 539 8 53 Lummi Shore Road Kwina Road Haxton Way 8 53 Main Street Bruce Road Custer School Road 8 53 Marine Drive Gulf Road Roosevelt Road 8 53 Old Samish Road MP 2.51 Bellingham CIL 8 53 Portal Way Grandview Road Faris Road 16 53 Portal Way Birch Bay Lynden Road Blaine CIL 7 53 Rock Road Sumas Road Nims Road 8 53 Smith Road (E) Noon Road Mission Road 7 53 Smith Road (E) Mission Road SR 542 7 53 Valleyview Road Birch Bay Lynden Road Haynie Road 8 53 Van Dyk Road Thei[ Road Everson Goshen Road 8 54 Airport'Drive Alderwood Avenue Airport Way 16 54 Bay Road Blaine Road Kickervilie Road 7 54 Birch Bay Lynden Road Delta Line Road Enterprise Road (N) 7 54 Bruce Road Bay Road Main Street 8 54 Grandview Road UAB Enterprise Road 7 54 Halverstick Road Northwood Road Van Buren Road 8 54 Halverstick Road Van Buren Road Crape Road 8 54 Hampton Road UAB Northwood Road 7 54 Hannegan Road Bellingham CIL Van Wyck Road 16 159 Page 3 of 6 Whatcom County Priority Rating Program 2006 Rating Road Name From To FFC 54 Harksell Road Enterprise Road Enterprise Road (N) 7 54 Haxton Way Mackenzie Road Balch Road 7 54 Laurel Road (W) Northwest Drive UAB 17 54 Olson Road Vista Drive Aldergrove Road 8 54 Portal Way Faris Road Birch Bay Lynden Road 7 54 Seacrest Drive Sunrise Road Scenic Estates 8 54 Sunrise Road Nugent Road Seacrest Drive 8 54 Van Dyk Road Hannegan Road Theil Road 8 55 Enterprise Road (N) Harksell Road Brookwood Drive 7 55 Hampton Road Northwood Road Slotemaker Road 7 55 Loomis Trail Road Blaine Road Portal Way 8 55 Lummi View Drive Gooseberry Spur Mackenzie Road 7 55 Slater Road Ferndale Road RIR Crossing 7 55 Sucia Drive BMP Beach Way 8 55 Van Buren Road Lindsay Road Badger Road (E) 7 55 Y Road Jensen Road SR 542 8 56 Badger Road (E) Garrison Road North Telegraph Road 8 56 Bancroft Road Marine Drive Country Lane 16 56 Birch Bay Lynden Road Enterprise Road (N) Rathbone Road 7 56 Cedarwood Avenue Bennett Drive Bellingham CIL 17 56 Grandview Road 1-5 UAB 16 56 Hampton Road Lynden CIL UAB 17 56 Hampton Road Slotemaker Road Van Buren Road 7 56 Hemmi Road (E) SR 539 Hannegan Road 8 56 Loomis Trail Road Bob Hall Road Berthusen Road 8 56 Northwest Drive Axton Road (W) Paradise Road 16 56 Nulle Road Lake Samish Drive (W) 1-5 8 56 Portal Way Brown Road Grandview Road 16 56 Roosevelt Road Marine Drive Tyee Drive 8 56 Siper Road SR 9 MP 0.81 8 56 Slater Road Haxton Way Ferndale Road 7 56 South Pass Road Nooksack CIL Goodwin Road 7 56 Weidkamp Road Badger Road (W) H Street Road 8 57 Alderwood Avenue Marine Drive Airport Drive 16 57 Alderwood Avenue Airport Drive Bellingham CIL 17 57 Bakerview Road (E) Bellingham CIL Bellingham CIL 16 57 Bakerview Road (W) Bennett Drive Bellingham CIL 16 57 Birch Bay Lynden Road MP 4.20 Delta Line Road 7 57 Birch Bay Lynden Road Rathbone Road Berthusen Road 7 57 Birch Point Road Birch Bay Village Entrance Birch Point Loop (East) 7 57 Birch Point Road Birch Point Loop (East) Shintaffer Road 7 57 Cottonwood Avenue Bennett Drive Bellingham CIL 17 57 Everson Goshen Road SR 542 Smith Road (E) 7 57 Lincoln Road Blaine CIL Shintaffer Road 7 57 Meadow Lane Goodman Road Roosevelt Road 8 57 Northwest Drive Paradise Road Pole Road (W) 7 57 Point Whitehorn Road Grandview Road Birch Bay Drive 7 57 Slater Road RIR Crossing Rural Avenue 16 57 Slater Road Rural Avenue Pacific Highway 16 57 Sunrise Road Badger Road (W) H Street Road 7 58 Birch Bay Drive Harborview Road Shintaffer Road 7 160 Page 4 of 6 Whatcom County Priority Rating Program 2006 Rating Road Name From To FFC 58 Birch Bay Lynden Road Harborview Road Blaine Road 7 58 Birch Bay Lynden Road Blaine Road Portal Way 7 58 Breckenridge Road Nooksack CIL Sorenson Road 8 58 Custer School Road Creasy Road Birch Bay Lynden Road 8 58 Everson Goshen Road Hemmi Road (E) Pole Road (E) 7 58 Harborview Road Birch Bay Drive Lincoln Road 7 58 Kickerville Road Grandview Road Bay Road 7 58 Lindsay Road Van Buren Road Van Buren Road 7 58 Northwest Drive Smith Road (W) Axton Road (W) 16 58 Sorenson Road Breckenridge Road North Telegraph Road 8 58 West Main Street Berthusen Road Lynden CIL 8 59 Birch Bay Lynden Road Berthusen Road Tromp Road (city limits) 16 59 Grandview Road Enterprise Road Dahlberg Road 7 59 Lake Whatcom Boulevard Strawberry Point Road MP 2.07 17 59 Northwest Drive MP 1.68 Smith Road (W) 16 59 Roosevelt Road Tyee Drive Meadow Lane 8 59 Samish Way Galbraith Lane Bellingham CIL 16 59 Semiahmoo Drive Birch Point Road Elderberry Lane 7 59 Stadsvold Road Haynie Road Sweet Road 7 59 Van Wyck Road BMP Hannegan Road 7 60 Birch Bay Drive Point Whitehorn Way State Park (north gate) 7 60 Birch Bay Drive State Park (north gate) Alderson Road 7 60 Enterprise Road Ferndale CIL Harksell Road 7 60 Enterprise Road (N) Brookwood Drive Birch Bay Lynden Road 7 60 Haynie Road Valleyview Road Delta Line Road 7 60 Kickerville Road Birch Bay Lynden Road Loomis Trail Road 8 60 Samish Way Old Samish Road Galbraith Lane 8 60 Weidkamp Road Loomis Trail Road Badger Road (W) 8 61 Bennett Drive Marine Drive Airport Drive 16 61 Britton Road Emerald Lake Way Bellingham CIL 16 61 Mountain View Road Rainbow Road Lake Terrell Road 7 61 Northwest Drive Bellingham CIL MP 1.68 16 61 Old Samish Road Lake Samish Drive (N) MP 2.51 8 61 Park Road South Bay Drive SR 9 8 61 Slater Road Pacific Highway Northwest Drive 16 61 Smith Road (E) SR 539 Hannegan Road 7 61 Sweet Road Blaine CIL Stadsvold Road 7 62 Axton Road (W) Northwest Drive Aldrich Road 16 62 Axton Road (W) Aldrich Road SR 539 7 62 Britton Road SR 542 Emerald Lake Way 16 62 Custer School Road Main Street Creasy Road 8 62 Enterprise Road (N) Birch Bay Lynden Road Loomis Trail Road 8 62 Lakeway Drive Bellingham CIL Terrace Avenue (N) 16 62 Van Buren Road Badger Road (E) MP 3.34 8 63 Bender Road Boundary Road (E) Visser Road 8 63 Haynie Road Stadsvold Road Valleyview Road 7 64 Alderson Road Birch Bay Drive Blaine Road 8 64 Baker Lake Road Skagit County Line MP 3.93 7 64 Gulf Road Marine Drive Tyee Drive 7 64 Hannegan Road Ten Mile Road Pole Road (E) 7 64 Hannegan Road Pole Road (E) Scott Ditch 7 161 Page 5 of 6 Whatcom County Priority Rating Program 2006 Rating Road Name From To FFC 64 Hannegan Road Scott Ditch Lynden C/L 7 64 Marina Drive Edwards Drive APA Road 8 65 Airport Drive Airport Way Bennett Drive 16 65 Axton Road (W) Ferndale CIL Northwest Drive 16 65 Benson Road Visser Road Boundary Road (E) 8 65 Delta Line Road Badger Road (W) Haynie Road 7 65 Nugent Road Granger Road Ferry Dock 8 66 Austin Street Lake Louise Road Cable Street 16 66 Boundary Road (E) SR 539 Benson Road 8 66 Loomis Trail Road Sunrise Road Bob Hall Road 8 66 Nulle Road 1-5 Skagit County Line 7 66 Smith Road (E) Hannegan Road Noon Road 7 66 Smith Road (W) Northwest Drive SR 539 7 66 Tyee Drive APA Road Gulf Road 7 67 Lummi Shore Road Smokehouse Road Cagey Road 8 67 Northwood Road Halverstick Road Boundary Road (E) 8 67 Terrace Avenue (N) Lakeway Drive Cable Street 16 67 Van Buren Road Everson CIL Hampton Road 7 68 Badger Road (W) Delta Line Road Sunrise Road 7 68 Badger Road (W) Markworth Road SR 539 7 68 Boundary Road (E) Bender Road Northwood Road 8 68 Country Lane Bancroft Road Curtis Road 17 68 Lake Terrell Road Slater Road Mountain View Road 7 68 Marine Drive Bennett Drive Bellingham CIL 16 68 Yew Street Road Bellingham CIL Spring Valley Dr (private) 16 69 Grandview Road Jackson Road Blaine Road 7 69 Lummi Shore Road MP 0.77 Smokehouse Road 8 69 Smith Road (W) Ferndale CIL Northwest Drive 16 69 Tyee Drive Gulf Road Benson Road 7 71 Kwina Road Haxton Way Lummi Shore Road 7 71 Rainbow Road Mountain View Road Kickerville Road 7 72 Visser Road Bender Road Benson Road 8 162 Page 6 of 6 d U) U C'• C d U UFlo C 7 U C N N 'C a) to U � N O d Y (Dd E '0 "O LL - O C O d 2 U C C w N-o "O C m c m U 3 O `p µ N o U IR' 0 c 2 to ° m c m U U d U-g'S ate) 00 m m 0o m d N Op CO O r e- N r N N N N N N N ❑ Y v a O o O 0 O 0 r 0 r 0 0 r 0 r 0 r 0 r 0 r CD r o a- o M M CO 0 w o o t- .- T (D N N N N N { N N = Q N N N CD O CD CD CD CD CDr r r r o U) ti ti OD 0 0 O r r r r 0 0 0 0 0 0 0 a 0 0 0 a (V O O O O r r r r r r r r r r N N N N N N N N N N N N 0 N N N N N N N N N N 0 a N N N ti 0 N y •o 6. d •Yo m do ` YdC a)1... a)oL.. 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That the Whatcom County Six -Year Transportation Improvement Program for theyears 2007 32 through 2012, which is attached hereto as Exhibit "A, including the capital elements ofthe first 33 six -years of the fourteen -year ferry capital program, which is attached hereto as Exhibit `B", is 34 hereby adopted. 35 2. That the County Engineer is directed to file a copy of the same with the County Road 36 Administration Board and the State Secretary of Transportation. 37 164 Pa 3 4 5 6 7 S 9 10 11 12 13 14 15 APPROVED this day of , 2006. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, County Clerk APPROVED AS TO FORM: '64b Senior Civil Deputy Prosecuting Attorney Laurie Caskey-Schreiber, Council Chair 165 A a fV 16. 0)r 0 O Cy a 0 E ga O m Z C a) o o= O o a c Oew N c 0 E a ¢ O O L L O N ai � A O �.., im ro C C 6f 2 Q } ZZ W 2 X W a a_ 7 a m m � Q M N ' QQ TW ai 0 de �M LLJ d W N m r a N r. 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LL� a 0 ca d E § $ R - 2E3 ] 4 2 _ _@ 10010M GO -@o%m { MBUG9 llnoi k snitns La m o �/adA.L, - 2 k \ ' m 2 � ) c 2ED § e E q ( t a R § $ 2 $ ■ k - k c 6 § k 0 . a ƒ60 IL \§«jam} �a�0a ) 0 $ 2 . § ��Z, ©En 2 ] - § § �I22k ƒado��- \�) �m_N and g in ; § $ ; z T-3 Six Year Transportation Improvement Program Instructions for Completing the Form Complete the form for the six year program in accordance with the following instructions. Include all transportation -related projects regardless of location or source of funds. Heading Agency Enter name of the sponsoring agency. County Number Enter the OFM assigned number (see LAG Appendix 21.44). City Number Enter the OFM assigned number (see LAG Appendix 21.45). MPOIRTPO Enter the name of the MPO (if located within urbanized area) or RTPO (if in the rural area). Hearing Date Enter the date of the public hearing. Adoption Date Enter the date this program was adopted by council or commission. Resolution Number Enter Legislative Authority resolution number if applicable. Amendment Date Enter the date this program was amended by council or commission. Column Number 1. Functional Classification. Enter the appropriate 2-digit code denoting the Federal Functional Classification. (Note: The Federal Functional Classification must be approved by FHWA.) 00 Rural (under 5,000 population) 01 - Interstate 02 - Principal Arterial 06 - Minor Arterials 07 - Major Collector 08 - Minor Collector 09 - Local Access Description - No Classification Urban (over 5,000 population) 11 -interstate 12 - Freeways & Expressways 14 - Other Principal Arterials 16 - Minor Arterial 17 - Collector 19 - Local Access 2. Priority Numbers. Enter local agency number identifying agency project priority (optional). 3. Project Identification. Enter (a) Federal Aid Number if previously assigned; (b) Bridge Number; (c) Project Title; (d) Street/Road Name or Number/Federal Route Number; (e) Beginning and Ending Termini (Mile Post or Street/Road Names); and (f) Describe the Work to be Completed. 4. Improvement Type Codes. Enter the appropriate federal code number(s). Description 01 - New construction on 07 - Resurfacing 14 - Bridge Program Special new alignment 08 - New Bridge Construction 21 - Transit Capital Project 02 - Relocation 09 - Bridge Replacement 22 - Transit Operational Project 03 - Reconstruction 10 - Bridge Rehabilitation 23 - Transit Planning 04 - Major Widening 11 - Minor Bridge Rehabilitation 24 - Transit Training/Admin 05 - Minor Widening 12 - Safety/Traffic Operation/TSM 31 - Non Capital Improvement 06 - Other Enhancements 13 - Environmentally Related 32 - Non Motor Vehicle Project 5. Funding Status. Enter the funding status for the entire project which describes the current status. S -Project is `selected' by the appropriate selection body &funding is secured. P - Project is subject to selection by an agency other than the lead and is listed for planning purposes and funding has not been determined. 6. Total Length. Enter project length to the nearest hundredth mile (or code "00" if not applicable). 7. Utility Code(s). Enter the appropriate code letter(s) for the utilities that would need to be relocated or are impacted by the construction project. C - Cable TV S - Sewer (other than agency -owned) G - Gas T - Telephone O - Other W - Water P - Power 174 Six Year Transportation Improvement Program Instructions for Completing the Form 8. Project Phase. Select the appropriate phase code of the project. PE - Preliminary Engineering, including Design (or Planning) RW - Right of Way or land acquisition CN - Construction only (or transit planning or equipment purchase) ALL - All Phases from Preliminary Engineering through Construction (Use only in Years 4, 5, & 6) 9. Phase Start Date. Enter the month/day/year (in MM/DDNY format) that the selected phase of the project is actually expected to start. 10. Federal Fund Sources. Enter the Federal Fund Source code from the table below. BIA - Bureau of Indian Affairs BR - Bridge Replacement or Rehab. CBDG - Community Development Block Grant (HUD) CMAQ - Congestion Mitigation Air Quality DEMO - TEA-21 Demo Projects (Selected) Discretionary - Ferry Boat Discretionary, Public Lands Highway, Scenic Byways, etc. DOD - Department of Defense IC - Interstate Construction IM - Interstate Maintenance NHS - National Highway System 3037 - FTA Job Access/Reverse Commute FTA Discretionary for Capital Expenditures 5307 - FTA Urban Areas 5309(Bus) - Bus 5309(FG) - Fixed Guideways 5309(NS) - New Starts 5310 - FTA Elderly/Disabled 5311 - FTA Rural Areas REV - Rural Economic Vitality Program STP(C) - STP Statewide Competitive Program STP(E) - STP Transportation Enhancements STP(S) - STP Safety Including Hazard and RR STP(R) - STP Rural Regionally Selected STP(U) - STP Urban Regionally Selected STP - STP (WSDOT Use Only) 11. Federal Cost. Enter the total federal cost (in thousands) of the phase regardless of when the funds will be spent. 12. State Fund Code. Enter the appropriate code for any of the listed funds to be used on this project. CAPP - County Arterial Preservation Program PWTF - Public Works Trust Fund CHAP - City Hardship Assistance Program RAP - Rural Arterial Program TPP - Transportation Partnerships Program SCP - Small City Program AIP - Arterial Improvement Program FMSIB - Freight Mobility Strategic Invest. Board PSMP - Pedestrian Safety & Mobility Program WSDOT - WSDOT funds PTSP - Public Transportation Systems Program OTHER - Any other unlisted state fund codes 13. State Funds. Enter all funds from the State Agencies (in thousands) of the phase regardless of when the funds will be spent. 14. Local Funds. Enter all the funds from Local Agencies (in thousands) of the phase regardless of when the funds will be spent. 15. Total Funds. Enter the sum of columns 10, 12, and 14. (This will auto -total in the STIP software program.) 16-19. Expenditure Schedule - (1st, 2nd, 3rd, 4th thru 6th years). Enter the estimated expenditures (in thousands) of dollars by year. (For Local Agency use.) 20. Environmental Data Type. Enter the type of environmental documentation that will be required for this project. Environmental determination must be completed before the Right-of-Way/Construction phase(s) can be obligated. (This is required for Federally funded projects.) EIS - Environmental Impact Statement EA - Environmental Assessment CE - Categorical Exclusion 21. R/W Certification. If Right of Way acquisition is required, enter R/W Certification Date, if known. (This is required for Federally funded projects .) 175 EXHIBIT '59B" WHATCOM COUNTY 2007-2020 FOURTEEN -YEAR FERRY CAPITAL PROGRAM ,,ILII�F�Iff' � I f'I , i �I�. ' 1 � I •,i I r�'ii•�1 }f -Ik. �; 1a1 I�1•I ,i�,..,�� '�,nt � r�k'i;� 6 x Y .iF�iiErL{ � d a ifZol Table of Contents Preface B-3 WHAT HAS HAPPENED SINCE THE LAST REPORT B-3 2005-2006 ACTIVITIES RELATED TO THE FERRY SYSTEM B-3 THE NEW FERRY DECISION B-3 THE NEED TO RAISE RATES B-4 THE IMPACT OF A NEW VESSEL ON RATES B-4 PUBLIC WORKS RECOMMENDATION B-4 THE BASIS FOR THE REPORT B-5 PURPOSE OF THE REPORT B-5 ORGANIZATION OF THE REPORT B-5 TABLE 1: FERRY SYSTEM CURRENT AND REPLACEMENT VALUES — 2007 B-5 TABLE 2: PROJECTED EXPENDITURES B-5 TABLE 3: PROJECTED REVENUES B-6 MAJOR PROJECT ANALYSIS B-6 MAJOR MAINTENANCEIRECONSTRUCTION B-6 MINOR MAINTENANCE B-6 HISTORY OF THE FERRY SYSTEM B-6 YEAR/EVENT B-7 TABLE 1: FERRY SYSTEM CURRENT AND REPLACEMENT VALUES — 2007 B-8 TABLE 2: PROJECTED EXPENDITURES PAGE 1 B-9 TABLE 2: PROJECTED EXPENDITURES PAGE 2 B-10 TABLE 3: PROJECTED REVENUES B-11 177 a PREFACE WHAT HAS HAPPENED SINCE THE LAST REPORT 2005-2006 ACTIVITIES RELATED TO THE FERRY SYSTEM Since the beginning of 2005 the Whatcom County Public Works Ferry Division has been very active. Considerable effort has gone into a variety of issues, to include; planning for a new ferry, establishment of the ferry system fund (to make it easier to separately account for ferry system costs), the design of a new parking lot on Lummi Island, negotiating an extension of the parking lot lease on Gooseberry Point, conducting a feasibility study for "off -boat" ticketing, and the approval of new staff positions to ensure the dedication of resources to this effort. Public Works has also been actively involved in seeking financial assistance from a variety sources to augment County funds for the major capital investments envisioned over the next 2-5 years. Additionally the staff has been reviewing the revenue and expenditure issues related to the operation of the ferry system, and has prepared the basis for the 2007 and 2008 budget, as well as the ground work for the 2007-2020 14 Year Plan. One of the outcomes of this analysis is the recommendation to adjust the fare structure to insure the required 55% user fee revenue. Other financial impacts reviewed include the costs of a variety of services and/or service levels. The following paragraphs discuss these major activities in more detail. THE NEW FERRY DECISION Over the course of the past 4-5 years, a thorough public process, including the Charette exercises, the 2004 and 2005 Ferry System Reports, and surveys of Lummi Islanders and Ferry users was undertaken. It was clear that the majority of the persons involved wanted to find ways to increase the capacity of the ferry system, particularly at peak usage times. Due to the fact that personnel cost and regular maintenance and operating cost are the major factors driving the cost of ferry service, the idea of simply adding a second boat (car ferry or just a passenger vessel) to the run was quickly put aside due to the magnitude of the additional operating cost. In 2005, Elliot Bay Design Group (Marine Engineers), Art Anderson and Associates (Marine Engineers, Facilities) and Whatcom County Public Works did a detailed analysis of the ferry service, to determine the best size vessel for our service. Our present vessel is capable of sustained operations at a rate of 5 runs every 2 hours. This equates to a nominal capacity of 100 cars every 2 hours or 50 cars an hour on average. We also have the ability to carry up to I00 persons including drivers and passengers. Factors that effect vessel size constraints are; load and unload times for both vehicles and pedestrians, as well as vessel transit time. The larger the vessel the longer it takes to load and/or unload. Also, the more foot passengers the longer the load/unload time. Given the very short passage from Gooseberry Point to Lummi Island, virtually all of the options looked at would make the crossing in the same time. The results of this analysis indicated that even a very small increment in capacity increase to a 25-30 car vessel made it unlikely that the 5 runs in two hours schedule could be maintained, it also was decided that the 40 car vessel would probably have a hard time maintaining a turnaround time that allowed 2 runs per hour due to the additional load/unload time. The 35-car design basis was agreed upon because it can make 2 trips an hour which equates to 70 cars an hour or a 40% increase in capacity. This vessel also provides for a total passenger load of 150 which increases the passenger capacity by 50%. The 35-car vessel with the car deck level passenger spaces also meets the Coast Guard criteria that allows it to be crewed with the same number of hands as the existing vessel, and is ADA compliant. Based on this analysis, Elliot Bay Design Group was contracted to design a new 35 car ferry that would provide for the most increased capacity without using a second vessel, and could use our existing docking facilities with as little capital improvement as possible. At the same time Art Anderson and Associates was contracted to design the necessary structural improvements to the facilities to handle the increased size of the 35-car vessel. Both of these design efforts are underway, and the vessel design has been reviewed and is ready to go to bid at the appropriate time. The facilities upgrade proposals are being developed in phases to take advantage of dry-dock periods and "fish windows" for construction before the delivery of the new vessel. Work that needs to be done regardless of a change in vessels is progressing as quickly as possible. 178 With a new vessel there will be the requirement to modify the existing schedule. The most probable new schedule would be 2 runs per hour during the same hours as the ferry currently runs. Other options will be reviewed and such user groups as the schools will be asked for input. The impact of lines and waiting time at peak operating times should be positive at least at first due to the increased capacity. How long this remains the case will depend on if people shift their rider ship habits based on when deck space is available. Other schedule issues that may be addressed in the future include the concept of Seasonal Scheduling, and Peak vs. Non -peak schedules. THE NEED TO RAISE RATES In addition to the work being undertaken as described above, Public Works has also been involved in an analysis of the operating costs of the Ferry System, and evaluating the user fee structure as it relates to the requirement that users pay for 55% of the system operating costs. It should be pointed out that none of the capital or financing costs related to the acquisition of the new ferry vessel or facilities upgrades impact the system operating costs. The same is true for the construction of the new parking lot on Lummi Island. Items that are included in the operating cost for the system and are impacted by the system after a new vessel is in service are, the increased costs of maintenance, fuel and operating supplies, and any personnel costs -due to the larger system. Also included will be the cost to maintain the existing vessel in a back-up mode (net of any potential revenue it may generate, or cost sharing with another ferry system). In addition to the forces of inflation, which continue to push costs upward, there are other issues that affect the cost per user on the ferry system. The largest of these issues is the fact that at peak capacity the system simply cannot move more customers. With an inability to sell more tickets, and costs rising it is inevitable that the cost per user will increase. The costs of operating the ferry system have been rising steadily, and the rate of increase has been increasing over the past 3-4 years. In 2005 the total cost of the ferry system was $1,883,906 of which $1,445,383 was operating cost. The total user fee revenue was $639,000 which equated to 47% of the operating cost. With no changes to the system, the costs for 2006 are projected to be $1,503,000 and revenues are budgeted at $651,000 which is a recovery rate of 44%. Based on this information alone it is necessary to raise rates by about 20% if there are no changes in costs or services. However, for 2006 the addition of a full time ferry manager, the beginning of some type of continuous operations at peak periods, and setting up for "off -boat" ticketing are included in the budget. These additions, and the fact that any rate increase will be effective late in the year, result in a proposed rate increase of an average of 55%. All of this is before any of the impact of operating of a new vessel. THE IMPACT OF A NEW VESSEL ON RATES The actual impact of operating costs from the new vessel is currently projected at about $230,000. This includes the additional cost of maintenance, fuel and operating supplies, and keeping the old vessel as a back up. This impact on rates is expected to require an increase in fare revenue of about 10%. Some of this cost may be shared with other ferry systems or offset by revenue opportunities, so this is a conservative estimate, or projected worst case. The other impact on rates comes from the "off -boat" ticketing scenario. This is being seriously considered because the effort to sell tickets on the larger vessel would probably require additional crew on each shift and is estimated that would cost $250,000 (3 pursers at $69,000 per year, and an additional relief person at $43,000 per year). It is planned to accomplish this thru a combination of clerical workers, and machine sales that would allow the price of this activity to be reduced to less than $135,000 each year. This would be a savings of $115,000 that would not have to be recovered in increased fares. As a result of the analysis done by Public Works, the staff is recommending an immediate user fee rate increase of 55%. This will allow the ferry fund to get back to a 55% recovery rate despite the fact that more that one-half of 2006 179 will be over before the rate increase takes effect. This rate increase may also make it possible to operate the system without a fare box deficit until the new vessel is placed in service. THE BASIS FOR THE REPORT PURPOSE OF THE REPORT This program is designed provides a blueprint for the effective, efficient, and continuing operation of the Whatcom County Ferry System. The projects listed are the result of input from County departments, governmental agencies, business organizations, citizen groups, and individuals. Capital improvements are scheduled based on 79 years experience operating and maintaining the system, while complying with applicable regulations. Inevitably, priorities and available funds for the ferry system will change over the fourteen years projected in this program. Therefore, the intention of the program is to be a guide indicating long-range improvements and anticipated revenues and expenditures. Strict adherence is not required. ORGANIZATION OF THE REPORT The program information is presented in three tables. State and Federal requirements were established to assure counties have current plans for comprehensive transportation improvement efforts. Statutory requirements and a brief explanation of the tables and how they meet the requirements follow. Enacted in 1975, Revised Code of Washington (RCW) 36.54.015 states "The legislative authority of every county operating ferries shall prepare, with the advice and assistance of the county engineer, a fourteen year Iong range capital improvement plan embracing all major elements of the ferry system. Such plan shall include a listing of each major element of the system showing its estimated current value, its estimated replacement cost, and its amortization period." TABLE 1: FERRY SYSTEM CURRENT AND REPLACEMENT VALUES — 2007 meets these requirements, showing the current value, replacement cost, and amortization periods for the vessels and facilities. The current value of the MN Whatcom Chief is the book value, calculated from the depreciated original construction cost and any depreciated improvements/major repairs. The facilities' current value is book value; original cost less depreciation plus depreciated improvements. RCW 36.81.121 (1) states "...the legislative authority of each county, after one or more public hearings thereon, shall prepare and adopt a comprehensive transportation program for the ensuing six calendar years .... and for those counties operating ferries shall also include a separate section showing proposed capital expenditures for ferries, docks, and related facilities. Copies of the program shall be filed with the county road administration board and the secretary of transportation not more than thirty days after its adoption by the legislative authority..." Subsection (2) requires expanded information on how a county will spend all its money on the various facets of the transportation program. This RCW Section was enacted in 1961. The capital expenditure portion of Subsection (1) is satisfied by: TABLE 2: PROJECTED EXPENDITURES. TABLE 2 includes all other expenditures on the system that meet Subsection (2) requirements. Operational expenditures are delineated between vessel and non -vessel costs. U.S. Coast Guard regulations currently require the ferries to be dry-docked every two years, however to extend the life, improve reliability and protect our capital investment Whatcom County schedules dry-docking every year for its vessels. When the MN Whatcom Chief goes into standby, this periodicity will be extended to once every two years. This is reflected in the table. The landings are inspected regularly as required by the National Bridge Inspection Standards administered through the Washington State Department of Transportation. The inspection report helps identify and time major maintenance and replacement of these facilities. The last section of the table lists loan payments. This RCW section also provides the reporting requirement and timing of program submission, as well as establishing the annual update requirement. Additionally, the Federal Highway Administration requires all agencies within a Metropolitan Planning Organization to develop and annually update the long range Transportation Improvement Plans and their Biennial Element. Whatcom 180 County will be updating this 14-Year plan each year and incorporating the results into the Six -Year Transportation Improvement Program. TABLE 3: PROJECTED REVENUES, Defines the known and anticipated sources of funding for the 14 Year Plan. MAJOR PROJECT ANALYSIS The major capital improvement project listed in this program is the construction of a 35-vehicle ferry. The new ferry will replace the 1962 vintage, 20-vehicle ferry M/V Whatcom Chief. The design was initiated in 2005 and construction completion is anticipated to be in 2008. The new ferry will provide a 40% greater system capacity and improved safety. M/V Whatcom Chief is scheduled to be retained as a back-up boat for dry-docking periods and unexpected maintenance/repair periods. Strategies for sharing the M/V Whatcom Chief with another county (e.g. Skagit or Pierce) are being explored. The significant increase in overall system capacity is planned to serve the transportation needs of the Lummi Island for many years. At the present time the County is persuing the option of County Ferry Capital Improvement financing thru the CRAB. Assistance is being requested for the repayment of the principle on a loan for this project. The other major capital improvements required for this project are the construction of new wing walls at both the Gooseberry Point and Lummi Island landings to accommodate the much larger berthing energies (four times that of the MN Whatcom Chiej ). An extension to the wave break (80 ft) and replacement of one dolphin at the Lummi Island landing is also necessary to handle the new longer and slightly wider 35-vehicle ferry. Design is scheduled for completion in 2006 and construction in 2006 and 2007. MAJOR MAINTENANCE/RECONSTRUCTION Pile, dolphin & fender work: Major pile dolphin and fender work replacement is scheduled at regular intervals, as shown in Table 2. Waiting Area/Parking. Improvements to passenger waiting areas and parking facilities on Lummi Island are also scheduled as shown in Table 2. These improvements are intended to encourage the use of mass transit to help reduce the peak vehicle demand on the system. Vessel dry-docking_ US Coast Guard regulations require periodic inspections of all ferry vessels. In addition to quarterly inspections and yearly certifications, each vessel is required to be dry docked every two years. However, to protect our investments, Whatcom County schedules dry-docking every year. The Dry-docking periodicity for the MN Whatcom Chief as back-up vessel will be extended to once every two years. The Engine overhaul, vessel painting, hull repairs, and other major and minor repairs occur during the dry-docking. The dry-docking periods for the new vessel and for the MN Whatcom Chief will scheduled to minimize the impacts/costs on the ferry system. The MN Whatcom Chief will be used when the new 35-vehicle ferry is dry-docked. MINOR MAINTENANCE General minor maintenance is continual on the ferries, landings, aprons, and waiting facilities. The costs and extent of the work is unpredictable and frequently, problems must be repaired immediately upon detection. Routine maintenance such as building painting and roof cleaning is more predictable and scheduled in advance. HISTORY OF THE FERRY SYSTEM The ferry system is the lifeline for Lummi Island. It has seen a growth in annual total demand of 95,000 car & driver trips in 1990 to over 137,000 in 2004 the latest year for which statistics are available. Total annual passenger use has grown from 167,000 in 1990 to over 230,000 in 2004. The following is a chronology of the Whatcom County Ferry System. 181 B-6 YEAR/EVENT 1926 Lummi Shore Road from Bellingham was completed and a ferry, the Central, owned by Whatcom County and large enough to hold six small Model-T Fords started making scheduled runs between Lummi Island and Gooseberry Point. 1929 The slightly larger Chief Kwina replaces the Central. 1950 Gooseberry Point terminal built. 1962 The MIV Whatcom Chief begins service. 1978 Lummi Island terminal is relocated. 1982 New lift mechanism installed on transfer span at Lummi Island. Gooseberry Point pier refurbished 1987 Gooseberry Point Transfer span, wing walls and dolphins replaced 1997 Major refurbishment of Gooseberry point landing accomplished 2002 20-Year Plan Phase 1 Charette Process and report completed. 2005 Major Status Report on Ferry System 182 B-7 TABLE 1: FERRY SYSTEM CURRENT AND REPLACEMENT VALUES - 2007 VESSELS MN Whatcom Current Statistics Chief LENGTH ft 94 BEAM ft 44 DISPLACEMENT tons 78 YEAR BUILT 1962 CAPACITY -- Passengers 100 CAPACITY -- Cars 20 CURRENT INSURED VALUE - 2007 $290,000 TOTAL CURRENT VALUE - 2007 Replacement Statistics YEAR 2008 CAPACITY -- Passengers 100 CAPACITY -- Cars 20 REPLACEMENT VALUE - 2007(2) $2,300,000 TOTAL -REPLACEMENT VALUE .2007 FACILITIES LOCATION Lummi Island Landing Transfer Span Dock Dol hinsAVin wall(3) Parking Lots Passenger Waiting/Office Subtotal - Lummi Island Landing Gooseberry Point Landing Transfer Span Dock Dolph i ns[W i nwall(3) Subtotal - Gooseberry Point Landing $290,000 $2,300,0001 CURRENT REPLACEMENT BOOK REPLACEMENT YEAR BUILT YEAR VALUE(4) VALUE - 2007(5) 1982 2022 $155,000 $1,870,000 1978 2018 $23,000 $213,000 1978 2018 $163,000 $1,016,000 1978 2018 $30,000 $128,000 1978 11 2018 11 $10,00011 $20,000 $381,0001 $3,247,000 1987 1 2027 11 $44 .00011 $2,200 1997 2037 1 $87,000 $574 1997 2037 $910,000 $544 $1,442,000 $3,318 TOTAL FACILITIES VALUE 1 $1,823,00 $6,565,000 TOTAL VESSEL & FACILITIES VALUE 1 $2,113,0001 $8,865,000� NOTES: s'f Depreciated Columbia Sentinel Engineers (1990) Value plus Depreciated Improvements s2j Estimate by Art Anderson Associates (2005) (3) Replace with Steel Pilings sot Estimated using a 40-year life and straight-line depreciation (including depreciated improvements) (5) Replacement value based on original cost plus yearly escalations 183 B-8 Whatcom County Public Works 14-Year Ferry Capital Program Inflation % All $ in 000's Table 2 Expenditures 2007-2020 Page 1. 2007 2008 2009 2010 2011 2012 2013 Operations Expenses: Vessel Operations Whatcom Chief Personnel -$ 850 $ 100 $ 102 $ 104 $ 106 $ 108 $ 110 2% Fuel & Operating Supplies S 200 $ 50 $ 52 $ 54 $ 56 $ 58 $ 61 4% Insurance S 43 $ 35 $ 36 $ 37 $ 38 $ 39 $ 41 3% Other Operating Expenses $ 250 S 50 $ 52 $ 53 $ 55 $ 56 $ 58 3% New 35-Car Vessel Personnel $ 850 $ 867 $ 884 $ 902 $ 920 $ 938 2% Fuel & Operating Supplies S 500 $ 520 $ 541 $ 562 $ 585 $ 608 4% Insurance S 50 $ 52 S 53 $ 55 $ 56 $ 58 3% Other Operating Expenses $ 200 $ 206 $ 212 $ 219 $ 225 $ 232 3% Total Vessel Operations $ 1,343 $ 1,835 S 1,886 $ 1,939 S 1,993 $ 2,049 S 2,106 Other Operations Administration S 171 S 180 $ 184 $ 187 $ 191 $ 195 $ 199 2% Parking Lots Lummi Island $ 10 $ 10 $ 11 $ 11 $ 11 $ 12 3% Gooseberry Point $ 15 $ 20 $ 21 $ 21 $ 22 $ 23 $ 23 3% Staging Areas Lummi Island S 10 $ 10 S 10 $ 11 S 11 $ 11 S 12 3% Gooseberry Point $ 10 $ 10 $ 10 $ 11 $ 11 $ 11 $ 12 3% Docks Lummi Island $ 25 S 25 $ 26 $ 27 $ 27 $ 28 $ 29 3% Gooseberry Point $ 25 S 25 $ 26 S 27 $ 27 $ 28 $ 29 3% Total Operations Expense $ 1,599 S 2,115 $ 2,173 $ 2,232 $ 2,293 $ 2,356 $ 2,421 Other Expenditures Vessel Depreciation $ 170 $ 170 $ 170 $ 170 $ 170 $ 170 Facilities Depreciation S 136 $ 211 S 219 S 225 S 230 $ 231 S 230 Financing Expense Loan Principle $ 272 S 285 $ 300 $ 315 S 331 S 347 Loan Interest $ 450 $ 438 $ 422 $ 407 S 391 S 376 Capital Expenditures Vessel Replacement $ 1,500 S 5,500 Gooseberry Parking Lot S 100 Staging Area S 200 $ 100 $ 50 $ 50 Dock S 150 $ 1,100 $ 150 $ 150 Lummi Island Parking Lot $ 100 $ 10 $ 50 Staging Area $ 50 $ 50 Dock $ 300 $ 450 S 150 S 150 S 150 Total Expenditures $ 3,785 $10,578 S 3,535 $ 3,549 $ 3,665 S 3,679 S 3,744 User Fee @ 55% of Operations $ 879 S 1,163 $ 1,195 $ 1,228 $ 1,26-1-r$-1,2961 $ 1,332 RE Whatcom County Public Works 14-Year Ferry Capital Program Inflation % All $ in 000's Table 2 Expenditures 2007-2020 Page 2. 2014 2015 2016 2017 2018 2019 2020 Operations Expenses: Vessel Operations Whatcom Chief Personnel $ 112 $ 114 $ 117 $ 119 $ 121 $ 124 $ 126 2% Fuel & Operating Supplies $ 63 $ 66 $ 69 $ 71 $ 74 $ 77 $ 80 4% Insurance I I $ 42 $ 43 $ 45 $ 46 $ 48 $ 49 $ 50 3% Other Operating Expenses $ 60 $ 62 $ 63 $ 65 $ 67 $ 69 $ 71 3% New 35-Car Vessel Personnel 1 1$ 957 $ 976 $ 995 $ 1,015 $ 1,036 $ 1,056 $ 1,077 2% Fuel & Operating Supplies $ 632 $ 658 $ 684 $ 711 $ 740 $ 769 $ 800 4% Insurance 1 1 $ 60 $ 62 $ 63 $ 65 $ 67 $ 69 $ 71 3% Other Operating Expenses $ 239 $ 246 $ 254 $ 261 $ 269 $ 277 $ 285 3% Total Vessel Operations $ 2,165 $ 2,227 $ 2,290 $ 2,355 $ 2,422 $ 2,491 $ 2,563 Other Operations Administration $ 203 $ 207 $ 211 $ 215 $ 220 $ 224 $ 229 2% Parking Lots Lummi Island $ 12 $ 13 $ 13 $ 14 $ 14 $ 14 $ 15 3% Gooseberry Point $ 24 $ 24 $ 25 $ 26 $ 27 $ 27 $ 28 3% Staging Areas Lummi Island $ 12 $ 13 $ 13 $ 14 $ 14 $ 14 $ 15 3% Gooseberry Point $ 12 $ 13 $ 13 $ 14 $ 14 $ 14 $ 15 3% Docks Lummi Island $ 12 $ 13 $ 13 $ 14 $ 14 $ 14 $ 15 3% Gooseberry Point $ 12 $ 13 $ 13 $ 14 $ 14 $ 14 $ 15 3% Total Operations Expense $ 2,454 $ 2,522 $ 2,592 $ 2,664 $ 2,738 $ 2,814 $ 2,893 Other Expenditures Vessel Depreciation $ 170 $ 170 $ 170 $ 170 $ 170 $ 170 $ 170 Facilities Depreciation $ 240 $ 243 $ 300 $ 301 $ 290 $ 303 $ 300 Financing Expense Loan Principle $ 365 $ 383 $ 402 $ 422 $ 444 $ 466 $ 489 Loan Interest $ 357 $ 339 $ 320 $ 301 $ 279 $ 257 $ 233 Capital Expenditures Vessel Replacement Gooseberry Parking Lot Staging Area $ 50 $ 50 $ 50 Dock I$ 150 $ 150 $ 150 $ 150 Lummi Island Parking Lot Staging Area $ 50 $ 50 $ 50 $ 50 Dock $ 150 $ 150 $ 150 Total Expenditures F $ 3,786 $ 3,8571 $ 3,984 $ 4,058 $ 4,121 $ 4,210 $ 4,285 User Fee @55% of Operations $ I,350 $ 1,387F $ 1,425 $ 1,465 $ 1,506 $ 1,5481$ 1,591 1 Whatcom County Public Works 14-Year Ferry Capital Program All $ in 000's Table 3 Revenues 2007-2020 CATEGORY 2007 2008 2009 2010 2011 2012 2013 Punch Card Fares (1) $ 791 $ 1,047 $ 1,076 $ 1,105 $ 1,135 $ 1,166 $ 1,199 Cash Fares (1) $ 88 $ 116 $ 120 $ 123 $ 126 $ 130 $ 133 (Memo 55% of Operating Cost) $ 879 $ 1,163 $ 1,195 $ 1,228 $ 1,261 $ 1,296 $ 1,332 MVFT Deficit Subsidy $ 160 $ 160 $ 160 $ 160 $ 160 $ 160 $ 160 County Road Fund Subsidy (2) $ 719 $ 952 $ 978 $ 1,005 $ 1,032 $ 1,060 $ 1,090 Ferry Loan Proceeds $ 9,000 Loan Repayment Assistance CRAB $ 367 $ 367 $ 367 $ 367 $ 367 $ 367 Unfunded $ 2,027 $ (1,064) $ 835 $ 789 $ 845 $ 792 $ 795 TOTAL REVENUES $ 3,785 $10,578 $ 3,535 $ 3,549 $ 3,665 $ 3,675 $ 3,744 (Memo Total Cost) $ 3,785 $ 10,578 $ 3,535 $ 3,549 $ 3,665 $ 3,675 $ 3,744 CATEGORY 2014 2015 2016 2017 2018 2019 2020 Punch Card Fares (1) $ 11215 $ 1,248 $ 1,283 $ 1,319 $ 1,355 $ 1,393 $ 1,432 Cash Fares (1) $ 135 $ 139 $ 143 $ 147 $ 151 $ 155 $ 159 (Memo 55% of Operating Cost) $ 1,350 $ 1,387 $ 1,425 $ 1,465 $ 1,506 $ 1,548 $ 1,591 MVFT Deficit Subsidy $ 160 $ 160 $ 160 $ 160 $ 160 $ 160 $ 160 County Road Fund Subsidy (2) $ 1,105 $ 1,135 $ 1,166 $ 1,199 $ 1,232 $ 1,267 $ 1,302 Ferry Loan Proceeds Loan Repayment Assistance CRAB $ 367 $ 367 $ 367 $ 367 $ 367 $ 367 $ 367 Unfunded $ 804 $ 808 $ 866 $ 867 $ 856 $ 868 $ 865 TOTAL REVENUES $ 3,786 $ 3,857 $ 3,984 $ 4,058 $ 4,121 $ 4,210 $ 4,285 (Memo Total Cost) $ 3,786 $ 3,857 $ 3,984 $ 4,058 $ 4,121 $ 4,210 $ 4,285 NOTES: Sum is Projected as 55% of Operating Cost Based on 45% of Operating Cost 186 B-11 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2 0 0 6- 3 0 3 A CLEARANCES Initial Date Date Received in Council Of fice Il t Y 0 Dearing/ Agenda Date Originator: MEW 64612006 _ --, fJ > "i 11� ;- U G L= E b J L� n 1 J U 1. 1 U 3 2906 WHATCOM COUNTY �+nnEE ������ 111 COUNGUIL 711112006 Division Read: 612612006 712512006 Dept. Head: Prosecutor: � D6 /OZ�,p(' Purchasin / u et: a Q Executive: TITLE OF D CUMENT: Acceptance and Adoption of the South portion of Whitecap Road as a Whatcom County Road ATTACHMENTS: Memo to Countv Executive and Council, Map, __ 'roposed Ordinance, SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( X )Fes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: June 26, 2006 SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the requiredpublic notice. Be specific and cite RCWor WCC as appropriate. Be clear in explaining Cite intent of the action.) Whatcom County seeks, by resolution, to accept a portion (approximately 700') of newly constructed road Lying south of the existing County maintained portion of Whitecap Road. The County offers the following pertinent facts to support the establishment:. The subject road was constructed to 18 feet of bituminous surface treatment width with 1-foot gravel shoulders. This cross section is the same as the existing maintained roadway. The road was constructed through a series of trail permits to a point in which it met the existing road standard. The road provides necessary vehicular access to a significant number of residences and the public may be better served by county maintenance of the road. The roadway is unlikely to extend through to Beacon Road due to the steep rock slope at the south end of the right-of-way. COMMITTEE ACTION.• COUNCIL ACTION.• Related County Contract #: Related File Numbers: 'Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wausleouncil. 2 3 4 SPONSORED BY: Engineering Services PROPOSED BY: Public Works — Engineering Services INTRODUCTION DATE: 7/11/2006 ORDINANCE NO. 2006 - DECLARING INTENT TO ACCEPT A SECTION OF WHITECAP ROAD, DECLARING THAT SUCH ESTABLISHMENT IS A PUBLIC NECESSITY, AND DIRECTING COUNTY ROAD ENGINEER TO REPORT TO COUNCIL UPON THE PROJECT WHEREAS, the southern section of Whitecap Road was built under a series of Whatcom County trail permits and lies within County right-of-way; and WHEREAS, the section of Whitecap Road is constructed to the same standard of the existing maintained road at 18 feet wide bituminous surface treatment and 1 foot gravel shoulders; and WHEREAS, the road provides necessary vehicular access to a significant number of residences; and WHEREAS, it is a matter of general policy for the County to establish a County road and assume responsibility for its maintenance, if doing so provides service to the citizenry at a reasonable cost; and WHEREAS, the public may be better served by county maintenance of the road identified herein; and WHEREAS, the financial burden assumed by the County as a result of increased road maintenance responsibilities is balanced by increased revenues from state tax funds for the additional length of road in the County road system; and WHEREAS, the Council needs the most accurate, up-to-date information concerning the condition of the roadway, the status of the underlying right-of-way, the financial implications of accepting this roadway into the County road system, and the public benefit to be derived from the establishment of this roadway as a County road; and WHEREAS, RCW 36.81 requires that the County Road Engineer, upon direction from the Council, provide such information to the Council via a report; and WHEREAS, RCW 36.81 requires that that a public hearing be scheduled and held, and that proper notice be given before this road is established as a public road with the County road system; and WHEREAS, The County Council held a public hearing on the proposed acceptance of the southern section of Whitecap Road on July 25, 2006, at 7:00 pm, and is authorized to adopt the road and additional cul-de-sac right-of-way. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the new and remaining portion of Whitecap Road south of the existing county maintained portion of Whitecap Road be accepted as a County road within County right-of-way. ADOPTED this I I day of , 2006. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis Council Clerk Laurie Caskey-Schreiber, Council Chair 4. Daniel L. Gibson Assistant Chief Deputy Prosecuting Attorney Pete Kremen, County Executive Date: WHATCOM- COUNTY— -- - PUBLIC WORKS DEPARTMENT JEFFREY M. MONSEN, P.E. Director Memo - -- - --- JOSEPH-P.-RUTAN, P E-. =kGom CO& Assistant Director/County Road Engineer 3 2011 Young St., Suite 201 ' Bellingham, WA 98225-4052 4 e� Phone: (360) 715-7450 4Sh�e�t Fax: (360) 715-7451 To: The Honorable Pete Kremen, County Executive, and Honorable Members of the Whatcom County Council From: Joseph P. Rutan, Asst. Director/County Road Enginee Jeffrey M. Monsen, Public Works Director Date: June 26, 2006 Re: County Council Acceptance of the South portion of Whitecap Road as a Whatcom County Road Requested Action: The Public Works Engineering Services requests that the proposed ordinance for acceptance of the South portion of Whitecap Road as a county maintained road be forwarded to the Council for consideration and adoption. (See attached map) Background and Purpose: The subject road was constructed to 18 feet of bituminous surface treatment width with 1-foot gravel shoulders. This cross section is the same as the existinq maintained .roadway. The road was constructed through a series of trail permits to a point a which it met the existing road standard. The road provides necessary vehicular access to a significant number of residences and the public may be better served by county maintenance of the road. The roadway is unlikely to extend through to Beacon Road due to the steep rock slope at the south end of the right-�of-way. Information: Whitecap Road was extended 700 feet south of the existing county maintained road by several developers from 1979 to 2005. The work was completed through several trail permits issued by Engineering Services. Each permit contained road improvement conditions and each permit was signed as complete by the Public Works Engineering Services. Encl. 190 °•gyp 4j! � - - -- - -'! -1 ... �-,-�-- �'' -- t �.:���>♦.� �� � '{ '11h� .. � _� .may.: 41, "lot I Z r.. k 'h +-�} ♦1 Fes= f�#+A /:.: �.-ti��i� _ 1 ^�' . �t�-�'a:-P _ • - � �� . a �-WHLTF CAP R[,AYY 1 _ • � .J t _. _ rt� WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2006 -- 323 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Council 7/25/2006 8/8/2006 Full Council Division Head: Dept. Head: Prosecutor: Purcha3inglBudgeJ7 Executive: TITLE OF DOCUMENT: Appointment to Horticultural Pest & Disease Board - Applicant: Scott Bedlington ATTACHMENTS: Application SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( } Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language far use in the required public notice. Be specific and cite RCW or WCC as appropriate Be clear in explaining the intent of the action.) Appointment to fill vacancy on the Horticulture Pest and Disease Board. Applicant Scott Bedlington COMMITTEEACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.wliatcom.wa.uslcouncil. 192 PETE KREMEN L �Cc6 — 3,�j County Executive 3�P�Gom CO Imn �9S&rrNr�t°2 COUNCILMEMBER5: Barbara E. Brenner e Casket' Schreiber _�, I� � � � Sam Crawford i,J n Gt L Seth M. Fleetwood Dan McShane U 2 ���� L. Ward Nelson Carl Weimer WHATOOM COUNTY COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Hob cu Aurcc I Pest cal LlsieaZ r Which position on this board are you applying for (if applicable)? Which Council district do you reside in? ( } One ( ) Two Three Are you a US citizen? yes ( ) no Are you a registered voter? Kes ( } no Name: SCo-ff -eed1 '7ui621L1' Date: 7 /5?-' 06 Street Address: /7&/ KutALt,4,P_ K J City: Ae/e— k14 9e.2-yF' Zip Code: 9e,;2ye- Mailing Address (if different from street address): Day Telephone: 3CI62 — r<Z�'_ f770 Evening Telephone: 760 Fax Number:460 _ ,r-cl- 76/9' E-mail address: Occupation (If retired, please indicate former occupation): iGAk.1 rr17:,-1,r h1q 61?&-//i�,l Professional/Community Activities: Education: //27tA SAo&l 6�1i?,cl rcol, Qualifications related to position: &!14y[As + o [7Lp Ear t-MCr 1 k/l& / +h- ; NL DO 4 oKce, o-P cvn 4oli4qg4d A104ag,'11u Dr St? Et c e .s rt w Pe_0- Describe why you are interested in serving on this board or commission: T wm Old l`h-e A0 G o n4prbvk :h2 Mey MA/ Dec &a��v Fes4 aie/ D� eaC,4 e Ca Do you or your spouse have a finaficial interest in or are you an empl yee or officer of any business or agency that does business with Whatcom County? ( } yes no If -yes, please explain: References (please include name and daytime telephone number): �,c� �G�c%%Ui y �✓ Fr/S -v`1 1C� �o er Algc llc ci �?39' `S.Sgo Signature of applicant: As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 193 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2006 - 322 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Orikinalor. Fleetwood 7/24/2006 I 7/25/2006 Introduction Division Head: Dept. Head: Prosecutor: PurchasinglBud et. Executive: I I I i TITLE OF DOCUMENT: Res. creating a stormvitater management plan for Lake Whatcom Watershed. ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( } Yes { ) NO Requested Date: SUMMAR YSTA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution in support of creating a comprehensive stormwater management plan for the Lake Whatcom Watershed COMMITTEE ACTION: COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council 194 IASHAREDIRESUOMStormwater Resolution 7,24.doc PROPOSED BY: Fleetwood SPONSORED BY: Consent INTRODUCED: July 25, 2006 RESOLUTION NO. SUPPORTING THE CREATION OF A COMPREHENSIVE STORMWATER MANAGEMENT PLAN FOR THE LAKE WHATCOM WATERSHED WHEREAS, Lake Whatcom and its associated watersheds are the sole source of drinking water for 90,000 people; and WHEREAS, the vast majority of the Lake Whatcom watershed lies within the jurisdiction of Whatcom County; and WHEREAS, the official studies to monitor water quality in the lake for the City of Bellingham by the Institute For Watershed Studies, Western Washington State University have repeatedly documented the high pollutant loadings on creeks and storm drains entering the lake from urbanized areas; and WHEREAS, those studies have identified significant degradation of water quality in Lake Whatcom as a result of urbanization and stormwater runoff; and WHEREAS, in 1998, pursuant to section 303(d) of the federal Clean Water Act, Lake Whatcom was listed as an impaired water body for low dissolved oxygen and it's tributary Silver Beach Creek for fecal coliform; and WHEREAS, in 2004, pursuant to section 303(d) of the federal Clean Water Act, Lake Whatcom was additionally listed as an impaired water body for Dieldrin, PCBs, mercury, and phosphorous; and WHEREAS, the degradation of Lake Whatcom has led to poorer source water quality including algae, total organic carbon and iron delivered to the City of Bellingham's water treatment plant; and WHEREAS, these changes in water quality have led to an increased number of particles and regulated disinfection byproducts in the drinking water; and WHEREAS, development of a comprehensive stormwater management plan to catalog existing infrastructure, identify problem areas, evaluate alternatives, coordinate efforts, prioritize improvements, incorporate adaptive management, set operational standards, and establish a mechanism to finance the system is a necessary component of an overall Lake Whatcom 195 protection strategy and should be given the highest environmental priority for Whatcom County government; and WHEREAS, the Whatcom County Executive has recognized the importance of stormwater management and made protection and preservation of our drinking water supply a top priority by emphasizing the need for comprehensive stormwater management in his 2005 State of the County address; and WHEREAS, the County Council has adopted Resolution 2006-028 which recognizes stormwater management as a high priority; memorializes the County's intention to construct stormwater facilities throughout the Lake Whatcom watershed; and strongly supports the County Executive's efforts to secure federal funds for that purpose; and WHEREAS, the three governments that form the Joint Lake Whatcom Management Committee, the County, the City of Bellingham, and the Water District, have all given stormwater management the highest priority; and WHEREAS, development of a comprehensive stormwater management plan will prevent the current piecemeal and ineffective approach to construction of stormwater facilities; and WHEREAS, it is imperative to develop a comprehensive stormwater management plan as quickly as possible, due to evidence of the continuing decline in water quality under current environmental conditions; and WHEREAS, delaying the implementation of more effective stormwater treatment will only increase the cost of complying with environmental regulations that require rehabilitation of the lake and its watershed; and WHEREAS, retrofitting existing urbanized areas with more effective stormwater treatment systems has long been recognized as a necessary component to any effective comprehensive stormwater management plan; and WHEREAS, the Washington State Department of Ecology is currently establishing a Total Maximum Daily Loading standard for phosphorous to deal with the impairments; and WHEREAS, the County's stormwater discharge permit for Lake Whatcom is scheduled to be issued before the TMDL standard is established and therefore the TMDL requirements will not be addressed until a new stormwater permit is issued in 2012; and WHEREAS, the stormwater permit may be reconsidered and modified if requested by Whatcom County; and WHEREAS, it is the consensus of the building industry, the regulatory agencies, County and City governments, and environmental groups that comprehensive stormwater management is essential and the highest priority; and WHEREAS, it is the responsibility of the County to protect public health by protecting water quality in the lake by regulating and treating stormwater to counteract the effects of urbanization; and WHEREAS, the County currently has no Comprehensive Stormwater Management Plan for the Lake Whatcom watershed. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the County executive is hereby requested to develop a Comprehensive Stormwater Management Plan for the Lake Whatcom watershed. 1. The Plan shall include all of the required elements in the Phase II stormwater permit as outlined in the Federal Register. 2. The Plan shall comply with the stormwater policies and standards of the 2000 Puget Sound Water Quality Management Plan. 3. The Plan shall address all existing developed areas on public and private land under County jurisdiction. 4. The Plan shall include: a) an assets inventory to identify the current stormwater collection and treatment facilities, their characteristics and capacities of on both public and private land, b) an operation and maintenance plan with standards to ensure facilities are maintained once they are constructed, c) a prioritized 20 year capital improvement plan so that costs are identified and improvements are made based upon the greatest benefit to water quality, and d) a proposal for financing the Plan, including a proposed first year budget for Council approval. 5. The Plan shall be completed and submitted to the County Council for adoption by December 1, 2007. 6. The County Executive is also requested to work closely with the Washington State Department of Ecology in the development and implementation of the TMDL standard and incorporate its conclusions and recommendations into the Plan, or its updates, as that information becomes available. 7. The Executive shall request that Ecology reopen the stormwater permit when the TMDI_ is filed so that the permit can incorporate the Iatest information to protect the lake. 197 APPROVED this day of , 2006. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Cleric of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor Laurie Caskey-Schreiber, Council Chair WHATCOM COUNTY COUNCIL AGENDA BILL No. 2006-33 2 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Qri inalor: sM 7127106 FE j( AN a 1 coos WHATCOM COUNTY COUNCIL August 8, 2006 council Division Head: Dept. Head: Prosecutor: Purchasln /Bud et: Executive: — �— OG TITLE OF DOCUMENT: Appointment to the Bellingham- Whatcom Public Facilities District; ATTACHMENTS: Memorandum SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Pete Kremen recommends the confirmation of the appointment of Brent Walker to the Bellingham-Whatcom Public Facilities District. COMMITTEE ACTION.• COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wausleouncil. 199 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM AGOM Co f QSHIN�+� TO: Members of the Whatcom County Council FROM: Pete Kremen, County Executive DATE: July 27, 2006 SUBJECT: Public Facilities District Appointment Pete Kremen County Executive The Belli ngham-Whatcom Public Facilities District currently has one board position vacant following the resignation of Jerry Chambers. I and Mayor Asmundson wish to appoint Brent Walker to the District Board, and respectfully request your confirmation. Mr. Walker owns the local business CB Wholesale, Inc., has been a long time community resident and is active in a myriad of civic activities and organizations. He would be an asset and valuable addition to the PFD Board. 200 Office (360) 676-6717 Countv (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-4555 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2006-333 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 5M 7127106 August 8, 2006 Council Originator: GR E--:0El- �V L'D, AUG 0 1 2006 Division Head: Dept. Head. Prosecutor: �(� UtilHA COM COUNT`/ Purchasin /Bud et: &eculive: TITLE OF DOCUMENT. Appointment to the Foothills Sub Area Plan Advisory Committee ATTACHMENTS: Application for Appointment SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( X) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinaiice or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) A recent resignation has left a vacancy on the Foothills Sub Area Plan Advisory Committee. Accordingly, County Executive Pete Kremen recommends the confirmation of his appointment of Sean Wilson to the committee. COMMITTEE A CTION.• COUNCIL A CTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wauslcouncil, 201 ..-- - ---- ...- - -v ... ..ww v.t. . •v.1 vv.- . ..., .ivy - l ..-Wu VL 07/27/06 THU 10:21 FAX Q002 PETE KREMEN COUNCILMEMBERS: cuumy Executive Barbara F. Brenner R E C E I V ELfjr. Caskey-Schreiber Sam Crawford fr: 5edi M. Fleetwood Dan McSliari J u L 2 7 2005 L. Ward Nelson NINy Car! Weimer PETE KREMEN COUNTY EXECUTIVE APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or commiltee-please see reverse: Foothills sub -Area Plan Advisory Commiftee Which position on this board are you applying for (If applicable)? Columbia Valley/Kendall UGA Which Council district do you reside In? ( ) One W Two ( ). Three Are you a US citizen? yes { ) no Are you a registered voter? � yes ( ) no Name:_.wear, I� J�t�;; � i soo Date: 7 o?7- 06 Street Address: G 2 2 S R ra 9 u e V-Aj 1 e w Dr - City: Ha p)e �ra I j S zip Code: 9 Ff c 66.1 11 Mailing Address (If different from street address): Day Tel'ephone:, L,O 7, -7if 1'S X .�a,��_._ Evening Telephone: 3An ;qq 9 S Fax Number: Un G7 f 1 S dam_- E-mall address:_ C;-f ,"? Ij 0 Ae e AZ)I . Carr} Occupation (if retired, please indicate Former occupation); J:nrJUo:,}-rj a) Professional/Community Activities: 5ctei-a ry . Peac'e4'L-,l a.Zl� CoVn+r� C ," Education: C";-Fs zen� off' Coluoib, a V4I)e. Qualifications related to position: Elie fi 05eJ;y�jA c �,._ - .c �anc� �a�`ScrPE-enn Ac'cuSh�M }zo L�acl }: nos o -Pac; C ;-},'vim N.gve e yPQe-#' �V ce cuof r %1 w, �% co m oevd i 4y a cl GoV' nnten•!- 06ra cr es 1 Describe nwhy you are Interested In serving on this board or commission: GL3 a 1'1+ a_ V e an aC+i IkeRe) 0 % In 4fLe f�� rP � �� Corn imu11 ye - Do you or your spouse have a financial Interest In or are you an employee or officer of any business or agency that does business with Whatcom County? {) yes no If yes, please explain: ,� �— References (please include name and daytime telephone number):(3.i6o) Q�-55 - IC204 As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 202