The URL can be used to link to this page

Home My WebLink AboutPacket Aug 4 2009WHA TCOM. CO UNTY COUNCIL AGENDA BILL NO. 2009 — 320 B CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 7/22/2009 7/21/2009 Introduction Division Head: 8/04/2009 Nat. Resources Dept. Head: Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT. Ordinance, interim, prohibiting illegal discharge of materials into storm system ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) 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.) This proposed interim ordinance establishes an Illicit Discharge, Detection, and Elimination program for Whatcom County. The proposed interim ordinance is to comply with Section S5.C3 of Western Washington Phase II Municipal Stormwater Permit which was issued to Whatcom County on January 17, 2007, in accordance with the State of Washington Water Pollution Control Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (The Clean Water Act - Title 33 United States Code, Section 1251 et seq.). COMMITTEE ACTION. COUNCIL ACTION: 7/21/2009: Introduced 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 CounLys website at. www.co.whatcomwa.us1counciL SPONSORED BY: CONSENT PROPOSED BY: CONSENT INTRODUCTION DATE: JULY 21, 2009 ORDINANCE NO. 2009- ORDINANCE PROHIBITING, ON AN INTERIM BASIS, THE ILLEGAL AND ILLICIT DISCHARGE OF HAZARDOUS MATERIALS AND NON-STORMWATER RUN-OFF TO THE COUNTY'S MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) WHEREAS, in compliance with The State of Washington Water Pollution Control Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (also known as The Clean Water Act, Title 33 United States Code, Section 1251 et seq.), discharging certain materials to Municipal Separate Storm Sewer Systems is prohibited; and WHEREAS, the Washington State Department of Ecology issued the Western Washington Phase II Municipal Stormwater Permit on January 17, 2007, and Whatcom County was granted coverage; and WHEREAS, Section S.5.C.3 of the Washington Phase II Municipal Stormwater Permit requires all permittees to adopt appropriate ordinances and policies prohibiting illicit discharges and illegal dumping, and establishing enforcement mechanisms for those policies; and WHEREAS, the ordinance as proposed is in the best interest of public health and welfare; and WHEREAS, the Whatcom County SEPA official issued a Determination of Non -Significance on June 16, 2009, and a Public Hearing is scheduled for July 21, 2009; and WHEREAS, RCW 36.70.790 and RCW 36.70.795 permits the adoption of interim official controls so long as a public hearing is held within 60 days of adoption; and WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify such Council action on an interim basis; therefore, the Council makes the following findings of fact: 1. On January 17, 2007, Whatcom County was issued National Pollutant Discharge Elimination System Phase 2 Stormwater Permit which requires the County to adopt an Illicit Discharge Detection and Elimination Ordinance by August 16, 2009. 2. The interim ordinance allows the County to comply with mandated deadlines and provides additional time for formal review and processing of a permanent ordinance. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that an Interim Ordinance to Prohibit Illicit Discharges to Municipal Separate Storm Sewer System is adopted as set forth in exhibit A; and, BE IT FURTHER ORDAINED, by the Whatcom County Council, pursuant to RCW 36.70.795, that this ordinance shall be effective until whichever of the following events occurs first: a) a replacement ordinance is adopted or b) the expiration of six months following the effective date of this interim ordinance, which may be renewed for one or more six month periods if subsequent public hearings are held and findings of fact are made prior to each renewal. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Daniel L. Gibson Assistant Chief Civil Deputy Prosecutor 2009. WHATCOM COUNTY COUNCIL, WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Chair of the Council ( ) Approved ( ) Denied Pete Kremen, County Executive Date: 2 EXHIBIT A I. Purpose and Intent A. The purpose of this ordinance is to comply with provisions of The State of Washington Water Pollution Control Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (also known as The Clean Water Act, Title 33 United States Code, Section 1251 et seq.) Discharging certain substances to the County Municipal Separate Storm Sewage System is prohibited. It is unlawful for any person to discharge or cause to be discharged any storm water, surface water, roof runoff, subsurface drainage, cooling water, polluted or unpolluted industrial process waters, or waters or wastes of a type or quality which the County's Municipal Separate Storm Sewage System (MS4) has not been designed to receive, treat, or dispose. B. By prohibiting illicit discharges to the County's stormwater collection system, this ordinance seeks to: 1. Protect the vital drinking water, sensitive habitats, and recreational resources within Whatcom County. 2. Minimize unnecessary maintenance of public facilities, and costs associated with environmental degradation. 3. Prevent adverse, cumulative and avoidable environmental impacts. 4. Coordinate Whatcom County's Illicit Discharge Detection and Elimination activities and programs with those of other jurisdictions. II. Definitions A. Clean Water Act — The Federal Water Pollution Control Act (33 United States Code, Section 1251 et seq.) and any subsequent amendments thereto. B. Ground Water — Water in a saturated zone or stratum beneath the surface of the land or below a surface water body. C. Hazardous Materials — Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed, D. Hyperchlorinated — water that contains more than 10 mg/I or parts per million (ppm) of chlorine. E. Illicit Connection — Any man-made conveyance that is connected to a Municipal Separate Storm Sewer System without a permit, excluding roof drains and other similar type connections. Examples include: sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the Municipal Separate Storm System. F. Illicit Discharge — Any direct or indirect non-stormwater discharge to the County's Municipal Separate Storm Sewage System, except as expressly exempted by this chapter. G. Illicit Discharge Detection and Elimination (IDD&E) Program — A program of investigation, education, and enforcement to eliminate illicit connections and discharges. H. Municipal Separate Storm Sewer System (MS4) — A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs gutters, ditches, man-made channels, or storm drains). Page 1 of 5 3 I. National Pollution Discharge Elimination System (NPDES) Stormwater Discharge Permit — A permit issued by the Department of Ecology under the authority delegated pursuant to the Clean Water Act. J. Non-stormwater Discharge — Any discharge to the MS4 that is not composed entirely of stormwater. K. Pollutant — Anything which causes or contributes to pollution, and noxious or offensive matter of any kind. L. Stormwater — Runoff during and following precipitation and snowmelt events, including surface runoff and drainage. III. Administrative Provisions A. The administrative portions of this ordinance shall be overseen by the Director of Public Works or his/her designee. The enforcement provisions of this ordinance shall be overseen by the Director of Planning and Development Services pursuant to Whatcom County Code 2.32.030, the Director of the Department of Health pursuant to Whatcom County Code, Title 24 (Health Code), and the County Sheriff, or their respective designees. B. This ordinance is adopted under the authority of The State of Washington Water Pollution Control Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (also known as The Clean Water Act, Title 33 United States Code, Section 1251 et seq.). C. Prohibited Discharges. No person or entity or others under their control shall throw, drain, or otherwise discharge, to the County's MS4 and/or surface and ground waters any materials other than stormwater. The following list is not meant to be entirely inclusive, but to provide a list of examples: 1. Trash or debris; 2. Construction materials; 3. Petroleum products including but not limited to oil, gasoline, grease, fuel oil, and heating oil; 4. Anti -freeze and other automotive products; 5. Metals in either particulate or dissolved form; 6. Flammable or explosive materials; 7. Radioactive material; 8. Batteries; 9. Acids, alkalis, or bases; 10. Paints, stains, resins, lacquers, or varnishes; 11. Degreasers and/or solvents; 12. Drain cleaners; 13. Pesticides, herbicides, or fertilizers; 14. Steam cleaning wastes; 15. Soaps, detergents, or ammonia; 16. Swimming pool or spa filter backwash; 17. Chlorine, bromine, or other disinfectants; 18. Heated water; 19. Domestic animal wastes; Page 2 of 5 0 20. Sewage; 21. Recreational vehicle waste; 22. Animal carcasses; 23. Food wastes; 24. Bark and other fibrous materials; 25. Lawn clippings, leaves, or branches; 26. Silt, sediment, concrete, cement or gravel; 27. Dyes; 28. Chemicals not normally found in uncontaminated water; 29. Any other process -associated discharge except as otherwise allowed described under conditional discharges; 30. Any other hazardous material. D. Conditional discharges. The following types of discharges shall not be considered illegal discharges if they meet the stated conditions, unless the Director of Public Works or his/her designee determines that the type of discharge, whether singly or in combination with others, is causing, or is likely to cause pollution of surface water or groundwater. 1. Discharges from potable water sources, including water line flushing, hyper -chlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be de -chlorinated to a concentration of 0.1 part per million (ppm) or less, pH - adjusted if necessary, and volumetrically and velocity controlled to prevent re -suspension of sediments in the MS4. 2. Discharges from lawn watering and other irrigation runoff. These shall be minimized through, at a minimum, public education activities and water conservation efforts. 3. De -chlorinated swimming pool and spa discharges. The discharges shall be de -chlorinated to a concentration of 0.1 ppm or less, pH -adjusted and re -oxygenated if necessary, volumetrically and velocity controlled to prevent re -suspension of sediments in the MS4. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4. 4. Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. The County will reduce these discharges through, at a minimum, public education activities (see Section S5.C.1. of The Western Washington Phase II Municipal Stormwater Permit) and/or water conservation efforts. To avoid washing pollutants into the MS4, contractors must minimize the amount of street wash and dust control water used. At active construction sites, street sweeping must be performed prior to washing the street. 5. Other non-stormwater discharges. The discharges shall be in compliance with the requirements of the stormwater pollution prevention plan reviewed by the County, which addresses control of construction site de -watering discharges. E. Permissible discharges: 1. Diverted stream flows; 2. Rising ground waters; 3. Uncontaminated ground water infiltration (as defined at 40 Code of Federal Regulations 35.2005(20)); 4. Uncontaminated pumped ground water; 5. Foundation drains; Page 3 of 5 5 6. Air conditioning condensation; 7. Irrigation water from agricultural sources that is commingled with urban stormwater; 8. Springs; 9. Water from crawl space pumps; 10. Footing drains; 11. Flows from riparian habitats and wetlands; 12. Non-stormwater discharges covered by another NPDES permit; 13. Discharges from emergency fire fighting activities in accordance with Authorized Discharges (Section S2 of The Western Washington Phase II Municipal Stormwater Permit); F. Prohibition of Illicit Connections. The ordinance will prohibit any connection to the County's MS4 that allows prohibited or conditional discharges listed above. This prohibition includes but is not limited to the following activities: 1. The construction, use, maintenance, or continued existence of illicit connections to the County's MS4. 2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 3. A person or entity is considered to be in violation of this ordinance if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. IV. Enforcement and Penalties. A. Violations of this ordinance shall, except as provided in paragraph B. below, constitute Class 1 civil infractions pursuant to RCW 7.80.120. The maximum penalty and the default amount for such violations shall be consistent with Chapter 7.80 RCW. All violations shall be heard and determined in accordance with the system established in Chapter 7.80 RCW. Employees of the County department of planning and development services, and the County health department, or their successor agencies, if any there be, as well as all others who are otherwise authorized to enforce ordinances of this county, are hereby authorized to enforce the provisions of this title, consistent with the provisions of Chapter 7.80 RCW and Whatcom County Resolution No. 2009- 043. B. After having been found to have committed two successive infractions for violations of the same provision of this ordinance, any person, firm, company or corporation who continues to violate this title in the same manner shall be subject to criminal penalties including a fine of not more than $500.00, together with costs of action, and imprisonment in the county jail for a period of not more than six months. C. In addition to the civil and criminal remedies provided for above, the County or the owner or owners of land affected by violations of the provisions of this title may bring such injunctive, declaratory or other actions as deemed necessary to ensure that violations are prevented or cease, and to otherwise enforce the provisions of this title. D. Any person or entity that is not responsive to compliance actions of this ordinance shall be held monetarily responsible for any abatement costs incurred by the County in correcting the violation. E. Appeals. Appeals may be taken and shall be heard as provided in RCW 7.80.100. Page 4 of 5 0 V. Applicability and severability. This ordinance shall be consistently applied to any geographical areas of unincorporated Whatcom County which are within Phase II coverage areas, and the entire Lake Whatcom Watershed. Should any section or provision of this ordinance be declared invalid, such decision shall not affect the validity of this ordinance as a whole. Page 5 of 5 7 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2009-315 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: K.Olason fir—; ,; '� l� V E D Vl I� t I 'y fee q� 1 V7 2009 , n 7' M M COUNTY 717109 buncil Intr V Division Head: K. Christensen l°j 71 2,1./ 2009 Council Dept. Head: F. Abort ra y/ J [ 8/ 04/2009 NR/Council Prosecutor: obla.3/aG D. Gibson s--, rOUNCILPurchasing/Budget: B. Bennett Executive: P. Kremen TITLE OF DOCUMENT: Resolution of the Whatcom County FCZD Board of Supervisors for adopting a budget and work plan for the Birch Bay Watershed and Aquatic Resources Management District for the remainder of 2009 ATTACHMENTS: ■ Memo ■ Resolution ■ BB WARM 2009 Budget ■ BBWARM 2009 Work Plan SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? (x ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: July 21, 2009 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.) This resolution provides funding for the remainder of 2009 for the Birch Bay Watershed and Aquatic Resources Management (BBWARM) District to begin implementation of the Birch Bay Watershed Comprehensive Stormwater Plan. This year's activities include, capital improvement projects, water quality monitoring, education, maintenance and operation, and partnering with other organizations to address stormwater quantity and quality issues. COMMITTEE ACTION: COUNCIL ACTION.• 7/07/2009: Introduced 7/21/2009: Held to August 4, 2009 Natural Resources & Council 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.whatcom.wa.uslcouncil. WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcomcounty. us TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Public Works Director-A,�4r,+ FROM: Jon Hutchings, Assistant Director74 Kirk N. Christensen, P.E., Stormwater Manager1�� cc: Brad Bennett, Manager, AS -Finance Peggy Leviton, Accounting Supervisor, Public Works -Administration DATE: June 22, 2009 RE: Requested information for 2009 Budget Supplemental —Birch Bay Watershed and Aquatic Resources Management District Budget for the remainder of 2009 (AB2009-315) At the Council meeting on July 21", 2009, the Council requested additional information regarding the personal benefits and pay range of the proposed Watershed Steward in the Birch Bay Watershed Aquatic and Resources District Supplemental Budget for 2009. In response to that request, a formal review of the watershed steward position was conducted by the Human Resources Department. The review was based on the specific job description as recommended by the Birch Bay Watershed Aquatic and Resource Management District. As a result the salary range was established and is now reflected in the amended Summary Budget. The Personal Benefits amount included in the original Summary Budget has been amended to reflect the new salary rate established by the Human Resource Department for the Watershed Steward position. A detailed spreadsheet has been included which identifies the specific expenditures applied to the Personal Benefits line item. The total number is lower due to the reduced salary rate of the Watershed Steward position. The Personal Benefits line item also includes salary related benefit expenditures for any overtime and extra help pay. Public Works Stormwater Division staff will be attending the Council's Natural Resource Committee meeting on August 4th to answer any further questions you may have regarding the attachments or the Birch Bay Watershed Aquatic and Resources Management District budget proposal. Please contact Kraig Olason or Kirk Christensen if you have any questions regarding this request. Enclosure 9 SUMMARY BUDGET SHEET Birch Bay Watershed Aquatic and Resource Management District 2009 6110 REG SALARIES & WAGE $ 25,438.00 6120 EXTRA HELP $ 12,351.00 6140 OVERTIME $ 3,000.00 6200 PERSONAL BENEFITS $ 12,881.00 6320 OFFICE SUPPLIES $ 1,000.00 6330 PRINT $ 6,200.00 6340 BOOKS/PUBS $ 1,400.00 6510 TOOL EQUIP $ - 6520 SOFT WARE $ 2,000.00 PROFESSIONAL 6630 SERVICES $ 53,000.00 6710 POST SHIP $ 6,500.00 6720 TELEPHONE $ 300.00 6780 TRAVEUED/TRAINING $ 1,000.00 6790 TRAVEL -OTHER $ 3,000.00 6810 ADVERTISING $ 1,150.00 6860 EQUIP RENTAL $ - 6869 EQUIP INTERFUND $ - 6870 SPACE RENTAL $ 2,750.00 7060 REPAIR & MAINT $ - REGISTRATION 7110 TUITION $ 2,100.00 MEETING 7140 REFRESMENT $ 400.00 ADMINCOST 7159 ALLOCATION PWA $ 30,390.00 7190 OTHER MISC $ 10,000.00 OTHER MISC 7199INTERFUND $ 15,000.00 INTER-GOVT PROFESSIONAL 7210 SERVICES $ 15,000.00 COMPUTER CAPITAL 7420 OUTLAYS $ 2,200.00 TOTAL $207,060.00 1 FTE 6MO TOP STEP SENIOR PLANNER FIELD/RESEARCH ASSISTANCE MID -RANGE PLANNER 2 APPROX 80 HRS AT .65 OF SALARY .5 FTE 6/MO 10 BBWARM Budget Supplemental - Salary & Benefits Salary/Wages $ Benefits Program Specialist $ 26,438 Social Security/MCare $ 1,946 Worker's Comp 364 Unemployment 111 Retirement 1,356 Medical 4,812 Dental 516 Vision 72 Life Insurance 75 Employee Assistance Plan 15 Accrued Vacation (60 hrs) 1,580 Accrued Sick Time (48 hrs @ 25%) 316 11,163 Overtime 3,000 Social Security/MCare 230 Worker's Comp 25 Unemployment 9 Retirement 160 p 424 Extra Help 12,351 Social Security/MCare 945 Worker's Comp 350 1,295 Totals $ 40,789 $ 12,881 7.65% 5.33% 7.65% 5.33% 7.65% 11 WHATCOM COUNTY JOB DESCRIPTION SUMMARY Organizes, coordinates and facilitates the efforts of diverse individuals, groups and agencies, within area of assignment. Monitors service providers to assure compliance with performance measures, guidelines and regulations. Prepares written plans and needs assessments. Implements programs, coordinates -projects or programs and analyzes effectiveness. Coordinates the collection, development and analysis of data and other information. Exercises independent judgment in analyzing problems, issues and situations; develops and implements recommendations. Plans, conducts and represents the County for assigned program areas at advisory board or public meetings. Assists management and other staff, as directed. Complies with legal standards and requirements. Works under administrative direction. Depending upon assignment, the incumbent may perform some or all of the following duties, and those on the applicable supplemental job description, which are a representative sample of the level of work appropriate to this position. ESSENTIAL JOB DUTIES Prioritizes and plans work activities using resources effectively. Plans for additional resources and integrates changes smoothly. Plans, develops, implements and evaluates assigned projects and programs. Communicates changes and progress and completes projects on time and within budget. Identifies problems and recommends alternative solutions for resolution. Assesses and assures compliance, interprets and applies regulations equitably, explains services, identifies customer needs and maintains effective relationships. Initiates consultant, temporary staff or intem selection and trains and oversees their work, as assigned. Responds to inquiries, complaints, emergencies or requests for information from government agencies/organizations, contractors, property owners, tribal representatives and diverse members of the public related to matters within the scope of knowledge and authority or refers to proper information source. Plans, conducts and attends County Council meetings and hearings, intergovernmental agency meetings, advisory board meetings and other public meetings as departmental representative to answer questions within scope of responsibility. Prepares and presents programs and program area reports to agencies, boards and the public. Develops and maintains community and agency contacts related to assigned areas and acts as a liaison.between contacts or the general public. Works with community groups, government agencies, educational institutions, task forces and advisory committees to achieve program goals. Works with cities and other public and private entities on implementation measures including public information and education programs. Develops and implements actions/programs to provide educational and involvement opportunities for citizens, elected officials and agencies/interest groups to facilitate implementation of solutions that are based on an understanding of the issues and reflect, to the extent possible, the desires of the community both now and in the future. Identifies potential audiences and makes public presentations on implementation programs. Assists in the planning and development of the budget for assigned programs. Prepares complete reports on time with supporting conclusions and recommendations. Records information and data accurately following procedures. Tracks activity, develops individualized plans and submits documentation on time. Researches, retrieves, updates and analyzes complex information and data. Assesses new program opportunities. Formulates recommendations anticipating possible ramifications and appropriately communicates significance of findings. Completes associated paperwork and processes to procure contract services. Locates, completes and utilizes grants and alternative funding mechanisms in meeting program objectives. Performs site reviews and evaluates providers. Monitors and ensures all requirements of grants and contracts are met. Authorizes expenditure of funds, as assigned. Provides staff support functions to citizen's advisory and other boards. ADDITIONAL JOB DUTIES Trains, monitors and works closely with volunteers, temporary and other staff, as assigned. Assists with the creation or updating of policies, procedures, tasks, workflows and systems, as assigned. Performs all duties of lower and similarly classified positions. Performs other duties, as assigned. QUALIFICATIONS Requires a Bachelor's degree in a related field AND four years of progressively responsible experience in assigned program area. Requires knowledge of. - The field of assignment sufficient to perform thoroughly and accurately the full scope of responsibility as illustrated by example in this job description and the appropriate supplemental job description. Principles of planning, time management, project coordination, group dynamics, and program and process evaluation. Current practices and developments in assigned program areas. Applicable local, state and federal laws, regulations and policies related to program areas. Computer operation and a variety of office software including word processing, spreadsheet, database and graphic applications. Safety precautions, practices and procedures applicable to the area of assignment. Requires the ability to: Plan, coordinate, organize and schedule programs, processes and services. Prepare, research, analyze, administer and change plans, policies and work programs as necessary. Coordinate, oversee and review the work and performance of staff and consultants, as assigned. Use tact, discretion, persuasion, diplomacy, respect and courtesy to gain the cooperation and commitment of others and establish and maintain effective working relationships and rapport with public officials, local, state, tribal and special purpose governments, department heads, co-workers, employees, volunteers, community groups, task forces, advisory committees, representatives of other agencies or entities and diverse members of the public. Listen attentively and communicate effectively, both orally and in writing, with individuals and groups in clear, concise language appropriate for the purpose and parties addressed, including facilitating groups and preparing and making technical and/or public presentations which can be understood by non -technical listeners, and preparing and/or directing the preparation of comprehensive written reports, materials and correspondence. Fulfill the commitment of the County to provide outstanding public, intra- and inter -departmental customer service. Read, understand, interpret, analyze and apply appropriately the terminology, instructions, policies, procedures, legal requirements and regulations pertinent to the area of assignment. Organize, prioritize and coordinate work projects, plans and assignments. Be attentive to detail, maintain a high degree of accuracy and recognize, resolve and correct discrepancies in data or information. Work effectively in a multi -task environment. Take appropriate initiative. Apply good judgement, creativity and logical thinking to obtain potential solutions to complex problems within the scope of knowledge and authority or refer to the appropriate source. Develop ways to improve and promote efficient work methods. Initiate, compile, compose and/or edit correspondence, records, narrative, statistical and financial reports and other applicable documents and assure all pertinent information from appropriate sources is included and accurate. Proficiently operate office equipment standard to the area of assignment. Maintain current knowledge for assigned areas and adapt to new technologies, keeping technical skills up-to-date and using technology to increase productivity. Work independently and cooperatively as a membef of a team. Maintain appropriate level of confidentiality on all matters. SPECIAL REQUIREMENTS Must have a driving record that meets County standards and possess a valid driver's license at time of hire and throughout employment. Background check must meet County criteria. Depending on area of assignment, may be required to obtain a First Aid/CPR Card within six months of employment and maintain throughout employment. Must pass job -related tests. Required to become a member of the local collective bargaining unit. 14 The statements contained herein reflect general details as necessary to describe the principal functions of this job, the level of knowledge and skill typically required and the scope of responsibility, but should not be considered an all-inclusive listing of work requirements. Individuals may perform other duties as assigned, including work in other functional areas, to cover absences or relief, to equalize peak work periods or otherwise to balance the workload. At its sole discretion, Whatcom County may consider combinations of education, experience, certifications, and training in lieu of specifically required qualifications contained herein. Whatcom 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, sex, age, national origin, marital status, sexual orientation, disability, or veteran status. Employee Status: This is an FLSA non-exempt position and, as such, is paid hourly and is entitled to overtime. w - 71) 1<)A Signature Date ADMINISTRATIVE USE ONLY JDE JOB TITLE: P480 PROGRAM SPECIALIST.JOB SJ 7-24-2009 WHATCOM COUNTY SUPPLEMENTAL JOB DESCRIPTION See Program Specialist job description for other duties, qualifications and that apply to this position. Serves as the focal point for stormwater management actions in a. implementation of watershed management plans, including small capil provides daily contact with and technical assistance to citizens and y4W, investigates water quality, quantity, and habitat within specified a ESSENTIAL JOB DUTIES May serve as a project lead coordinating major water significant planning, engineering, legal, financial, polil Provides technical assistance regarding issues such as minor water quality matters to residents in a watershNd area. Plans, develops and implements water 7 recommendations of county and regional and that have the greatest potential for im the watershed. requirements shed. Coordinates regulatory actions; and monitors and habitat issues which involve marine resources, and a aspecific watershed that integrates bnsistent with regulatory requirements quality, quantity, and related habitats in Provides public outreach t ' education t .'the generalPfflic, target groups and local schools regarding water quality and stormwater�5es ctices t ut as appropriate. f Coordinates partag Alp with gr 3 : and organizations that share established watershed goals and assists with the fo on and WE— actft'es of v croups as necessary. Recruits citizen volunteers and coordinates volunteerties for prote�g wat ality and preventing drainage problems in a defined watershed. Responds to cQ-;t, acts and quesi ft from and serves as liaison between the general public, government, and private officials, media at c;_y�special interest groups. QUALIFICATIONS` 14"w Requires a Bachelors ''degree in a natural science or related area AND four years of progressively responsible experience. Requires knowledge of Principles and practices of stormwater management issues. Research and data collection techniques. 16 SPECIAL REQUIREMENTS Must have a driving record that meets County standards and possess a valid driver's license at time of hire and throughout employment. WORKING CONDITIONS Work is performed in an office setting, in meeting rooms and at field locations throughout Whatcom County. .Sits or stands for long periods of time. May occasionally lift and carry items weighing up to 20 pounds. May be required to attend meetings or perform duties outside of normal office hours. Moves throughout the County facilities. Frequently drives motor vehicle to perform duties in the field, at multiple sites, or travel out of the County. Traverses rough terrain and inclines. During emergency situ4;t#�`'nay be required to run, shovel, dig. Works in, on or near water, on ladders, on and near bridges, open in remote locations or close quarters. May travel by boat, river raft, airplane or helicopter and in ; d for long periods of time outside in all types of weather. May work near noisy machinery in the . Piility of exposure to a variety of bloodborne pathogens and environmental and chemicall''.i gens sf and to the area of assignment. Possibility of exposure to hostile and offensive Ian i the public: Uses appropriate safety equipment and follows established work safety policies, tices and procedures.'":;M;;:: The statements contained in the job description and supplemental job description reM . en level of knowledge and skill typically required and the scope ofresponsibility, but should not be may perform other duties as assigned, including work in other functional areas, to cover absence work load. At its sole discretion, W hatcom County may consider combinations of education, a qualifications contained herein. Whatcom County's policy is to provide equal opportunity in all to ti ns and privileges resard to race, color, creed, reHidon, sex, ase, national oriel m , A sta , ; entation. essary to describe the principal functions ofthis job, the no all-inclusive listing of work requirements. Individuals to equalize peak work periods or otherwise to balance the hficationstand paining in lieu of specifically required Fall qualified applicants and employees without eteran status. Employee Status: This is an FLSA non-exempi r pitand, 'such, is paid hourly and is entitled to SPONSORED BY 38 39 PROPOSED BY: Public Works Department INTRODUCTION DATE: July 7, 2009 RESOLUTION NO. 2009- (A resolution of the Whatcom County Flood Control Zone District Board of Supervisors) ADOPTING THE 2009 BUDGET AND WORK PLAN FOR THE BIRCH BAY WATERSHED AND AQUATIC RESOURCES MANAGEMENT (BBWARM) DISTRICT WHEREAS, the 2009-2010 budget for the Whatcom County Flood Control Zone District (FCZD) was adopted November 25, 2008; and WHEREAS, the Board of Supervisors adopted the Birch Bay Watershed Aquatic and Resources Management (BBWARM) Sub Flood Zone District, Ordinance 2007-019;and WHEREAS, the Board of Supervisors adopted resolutions establishing and setting rates for the BBWARM District, Resolution 2008-049 and 050, for the purpose of providing funding to implement the Birch Bay Watershed Comprehensive Stormwater Plan as adopted by Resolution 2006-070; and WHEREAS, BBWARM District stormwater fees were levied and included in the 2009 annual tax collection; and WHEREAS, the collection of those fees provides the revenue source for this budget request; and WHEREAS, the budget has been assembled and submitted for deliberation by the Board of Supervisors NOW THEREFORE, BE IT RESOLVED by the Whatcom County Flood Control Zone District Board of Supervisors that the 2009 budget and work plan for the Birch Bay Watershed Aquatic and Resources Management is hereby adopted to include the amount set forth in Exhibit A attached hereto, the budget portion of which is summarized below: Expenditures Revenues Net Effect Total Flood Control Zone District $229,522 ($730,000) ($ 500,478) ADOPTED this day of , 2009. ATTEST: WHATCOM COUNTY FCZD BOARD OF SUPERVISORS WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecuting Attorney Carl Weimer, Chair of Board of Supervisors im WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcomcounty. us TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Flood Control Zone District (FCZD) Board of Supervisors I,4j THROUGH: Frank M. Abart, Public Works Director oo I FROM: Jon Hutchings, Assistant Directory Kirk N. Christensen, P.E., Stormwater Manager RE: Resolution of the Whatcom County FCZD Board of Supervisors for adopting a budget and work plan for the Birch Bay Watershed and Aquatic Resources District for the remainder of 2009 DATE: June 17, 2009 Please find enclosed for your review and approval a resolution for the Birch Bay Watershed and Aquatic Resources Management District 2009 Budget in the amount of $229,522. ■ Background and Purpose This resolution provides funding for the remainder of 2009 for the Birch Bay Watershed and Aquatic Resources Management (BBWARM) District to begin implementation of the Birch Bay Watershed Comprehensive Stormwater Plan. This year's activities include, capital improvement projects, water quality monitoring, education, maintenance and operation and partnering with other organizations to address stormwater quantity and quality issues. ■ Funding Amount and Source Funding source of $229,522 for 2009 will come from Birch Bay Watershed and Aquatic Resources Management fees collected through this year's tax roll. Please contact Kraig Olason at extension 50782 if you have any questions regarding this resolution. Enclosures 19 SUMMARY BUDGET Birch Bay Watershed and Aquatic Resources District BUDGET 2009 2009 6110 REG SALARIES & WAGES $ 36,837.00 1 FTE 6MO TOP STEP SENIOR PLANNER FIELD/RESEARCH ASSISTANCE MID- 6120 EXTRA HELP $ 12,351.00 RANGE PLANNER 2 6140 OVERTIME $ 3,000.00 APPROX 80 HRS 6200 PERSONAL BENEFITS $ 23,944.00 AT .65 OF SALARY 6320 OFFICE SUPPLIES $ 1,000.00 6330 PRINT $ 6,200.00 6340 BOOKS/PUBS $ 1,400.00 6510 TOOL EQUIP $ - 6520 SOFT WARE $ 2,000.00 6630 PROFESSIONAL SERVICES $ 53,000.00 6710 POST SHIP $ 6,500.00 6720 TELEPHONE $ 300.00 6780 TRAVEL/ED/TRAINING $ 1,000.00 6790 TRAVEL -OTHER $ 3,000.00 6810 ADVERTISING $ 1,150.00 6860 EQUIP RENTAL $ - 6869 EQUIP INTERFUND $ - 6870 SPACE RENTAL $ 2,750.00 7060 REPAIR & MAINT $ - 7110- REGISTRATION TUITION $ 2,100.00 7140 MEETING REFRESMENT $ 400.00 7159 ADMINCOST ALLOCATION PWA $ 30,390.00 .5 FTE 6/MO 7190 OTHER MISC $ 10,000.00 7199 OTHER MISC INTERFUND $ 15,000.00 INTER-GOVT PROFESSIONAL 7210 SERVICES $ 15,000.00 7420 COMPUTER CAPITAL OUTLAYS $ 2,200.00 TOTAL $ 229,522.00 20 BBWARM 2009 Work Plan Program Elements 1 WATER QUALITY MONITORING A DEVELOP PLAN B SAMPLING/REPORTING CAPITAL IMPROVEMENT 2 PROJECTS A RECOMMENDED PROJECT LIST B ENGINEERING ANALYSIS/PROJECTS C ENGINERING PROJECT DESIGN D PROJECT CONSTRUCTION/OVERSIGHT 3 PUBLIC INFO/EDUCATION A GENERAL EDUCATION PROGRAM i DEVELOP PROGRAMS II IMPLEMENT PROGRAMS B TARGET GROUPS I IDENTIFY TARGET GROUPS II DEVELOP PROPGRAMS 1 PRIVATE STORMWATER FACILITIES a CONDUCT INVENTORY b DEVELOP TRAINING PROGRAM C CONDUCT TRAINING PROGRAM d DEVELOP AND IMPLEMENT INCENTIVE PROGRAM FOR PRIVATE STORMWATER FACILITIES jul 1 - sept oct 1 - dec COMMENTS 31 31 * * * * MONTHLY SAMPLING WITH FOLLOW UP SAMPLING * * * MAJORITY OF WORK WILL BE DONE THROUGH CONSULTANT CONTRACT. FINAL PRODUCT WITH BE FEASABILITY * * STUDY AND FINAL RECOMMENDATION LIST * WILL BEGIN INITIAL CIP DESIGN WORK IF TIME ALLOWS IN 2009. EMPHASIS THROUGH YEAR END ON DEVELOPING A EDUCATIONAL PROGRAM AIMED AT A GENERAL AUDIENCE AND A * * * * DETAILED WORK PLAN/BUDGET FOR 2010 EMPHASIS THROUGH YEAR END ON DEVELOPING A TARGETED PROGRAM AIMED AT A SPECIAL GROUPS/USERS * AND A DETAILED WORK PLAN/BUDGET FOR 2010 MAJORITY OF THE WORK FOR 2009 WILL INVOLVE RESEARCHING DEVELOPMENT FILES AND CONDUCTING * * * INVENTORY/MAPPING OF PRIVATE STORMWATER SYSTEMS IF INVENTORY/MAPPING CAN BE COMPLETED IN 2009, RESEARCH WILL BEGIN IN ORDER TO DEVELOPAN * EDUCATIONAL PROGRAM TO IMPLEMENT IN 2010. 21 Program Elements 2 PET WASTE MANAGEMENT PROGRAM D EVALUATE NEED FOR MORE, STATIONS b CONTINUE TO SUPPORT PROGRAM C LID HOMEOWNER EDUCATION I REVIEW LID OPTIONS AND DEVELOP RECOMMENDED LID LIST II IMPLEMENT LID PROGRAM 1 PROVIDE TECHNICAL INFORMATION 2 PROVIDE INDIVIDUALS WITH TECHNICAL ASSISTANCE D COMMERCIAL LID EDUCATION REVIEW LID OPTIONS AND DEVELOP RECOMMENDED LID LIST II IMPLEMENT LID PROGRAM 1 PROVIDE TECHNICAL INFORMATION 2 PROVIDE INDIVIDUALS WITH TECHNICAL ASSISTANCE E LANDOWNER STEWARDSHIP INITIATIVE I DEVELOP PROGRAMS IMPLEMENT PROGRAM IN PRIORITIZED ii AREAS MAINTENANCE AND OPERATIONS 4 PROGRAM I DEVELOP PROGRAMS IMPLEMENT PROGRAM IN PRIORITIZED II AREAS 5 COLLABORATIVE PROGRAMS i SHELLFISH DISTRICT RESPONSE jul 1 - sept oct 1 - dec COMMENTS 31 31 4c * * * * EXISTING MUTT MIT STATIONS WILL BE SERVICED AND MATERIALS PROVIDED RESEARCH INTO APPROPRIATE LID PRACTICES AND OPTIONS FOR IMPLEMENTATION WILL BE CONDUCTED. * * * DETAILED IMPLEMENTATION BUDGET WILL BE DEVELOPED FOR 2010 THE CONSERVATION DISTRICT WILL ASSIST THE ADVISORY COMMITTEE IN DEVELOPING A STEWARDSHIP 9r 4c 4c PROGRAM TO BEGIN 2010 - INCLUDING PRODUCING A DETAILED BUDGET. IF TIME PERMITS, A MAILING WOULD BE PROVIDED TO THE INTIAL TARGET AREA * ANNOUNCING THE AVAILABILITY OF THE PROGRAM. WORKING WITHIN PW AND THE ADVISORY COMMITTEE/COMMUNITY, A M&O PROGRAM WILL BE DEVELOPED THAT WILL INCLUDE ACTIVITIES AND * * * * BUDGET REQUIREMENTS FOR IMPLEMENTING IN 2010. PA COORDINATION WITH SHELLFISH DISTRICT PROGRAMS WILL INTITIATE SUMMER 2009 AND CONTINUE AS AN ON- GOING ACTIVITY INTO THE FUTURE. 22 Program Elements II STREAM ENHANCEMENT PROJECTS III ON SITE SEPTIC - HEALTH DEPT IV RURAL LANDOWNER TECHNICAL ASSISTANCE V STORMWATER INFILTRATION PREVENTION PROJECTS WITH BBWSD VI 1 CALL BIRCH BAY CONTACT # VII BIRCH BAY ACTION PLAN DEVELOPMENT 6 ADMINISTRATION FEE ROLL & ACCOUNT MANAGEMENT ADVISORY COMMITTEE STAFFING GENERAL PROGRAM ADMINISTRATION PUBLIC INFORMATION/PROGRESS REPORTING jul 1 - sept oct 1 - dec COMMENTS 31 31 FINANCIAL ASSISTANCE IS PROVIDED FOR NESEA PROJECTS SUMMER/FALL 2009 AND ADDITIONAL PROJECTS WILL * * * BE DEVELOPED FOR INCLUSION IN 2010 BUDGET. A RESOURCE LINE IS PLANNED TO PROVIDE A CONVENIENT CONTACT POINT FOR BB COMMUNITY. THIS WILL * * BE DEVELOPED FOR IMPLEMENTATION LATE FALL 2009. EPA PROJECT WILL INVOLVE SOME STAFF TIME AND MAY INVOLVE BBWARM * * COMMITTEE MEMBER PARTICIPATION. THIS ONGOING ACTIVITY WILL BE VERY TIME CONSUMING DUE TO THE NUMBER OF RATE ADJUSTMENT REQUESTS IN * * * * 2009 AND TO IMPLEMENT THE FIRST AUTOMATED FEE ROLL. ONGOING STAFF ASSISTANCE TO THE * * * * ADVISORY COMMITTEE WILL CONTINUE. A VARIETY OF ACTIVITIES WILL BE * * * * REQUIRED TO IMPLEMENT THE BBWARM DISTRICT REPORTING ACTIVITIES WILL BE CONDUCTED AND PROVIDED TO THE FCZD BOARD OF SUPERVISORS, * * * * BBWARM ADVISORY COMMITTEE AND THE PUBLIC. 3 23 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www.whatcomcounty.us TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Public Works Director 001t11/77)01 FROM: Jon Hutchings, Assistant Director Kirk N. Christensen, P.E., Stormwater Manager cc: Brad Bennett, Manager, AS -Finance Peggy Leviton, Accounting Supervisor, Public Works -Administration DATE: June 19, 2009 RE: 2009 Budget Supplemental —Birch Bay Watershed and Aquatic, Resources Management District Budget for the remainder of 2009 Please find enclosed a supplemental budget request from Public Works—Stormwater for the Birch Bay Watershed and Aquatic Resources Management (BBWARM) District 2009 Budget in the amount of $229,522 collected from fees through this year's tax roll. This request will provide budget authority for the remainder of 2009 for the BBWARM District to begin implementation of the Birch Bay Watershed Comprehensive Stormwater Plan. This year's activities include, capital improvement projects, water quality monitoring, education, maintenance and operation, and partnering with other organizations to address stormwater quantity and quality issues. Please contact Kraig Olason at extension 50782 if you have any questions regarding this request. Enclosure 24 Supplemental Budget Request Status: Pending Public Works Flood Control Zone District - r3E3oAt2v) 5,,Ljone Supp'l ID # 84E Fund 2E4.0 Cost Center 169250 Originator. Remy Stratton Expenditure Type: Ongoing Year 1 2009 Add'I FTE V Add'I Space ❑ Priority 1 Name of Request: Birch Bay Watershed & Aquatic Resources Mgmt Dist Depa ment Head Signature, (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance $500,478 4317.7000 Other Operating Assessme ($730,000) 6110 Regular Salaries & Wages $36,837 6120 Extra Help $12,351 6140 Overtime $3,000 6290 Applied Benefits $23,944 6320 Office & Op Supplies $1,000 6330 Printing $6,200 6340 Books-Publications-Supsc $1,400 6520 Software $2,000 6630 Professional Services $53,000 6710 Postage/Shipping/Freight $6,500 6720 Telephone $300 6780 Travel-Educ/Training $1,000 6790 Travel -Other $3,000 6810 Advertising $1,150 6870 Space Rental $2,750 7110 Registration/Tuition $2,100 7140 Meeting Refreshments $400 7159 Administrative Cost Alto $30,390 7190 Other Miscellaneous $10,000 7199 Other Miscellaneous/Inte $15,000 7210 Intergov Prof Svcs $15,000 7420 Computer -Capital Outlays $2,200 Request Total $0 1a. Description of request: This request authorizes Stormwater Division staff to act on the Birch Bay Watershed and Aquatic Resource Management subzone's proposed work plan for 2009. This supplemental budget request authorizes a 1.0 FTE watershed coordinator for program management, monitoring, and community outreach. Additional funds have been included to provide for consultant services to assist with final project selection and preliminary design work on capital improvement projects, partnering with local conservation groups to accomplish work plan activities and to cover a portion of the costs associated with administration and technical assistance provided by Public Works staff. Friday, June I9, 2009 Bpi: Rpt Suppl Regular 25 Supplemental Budget Request Status: Pending Public Works 1011 Zq Flood Control Zone District Supp'I ID # 844 Fund- gE+4 Cost Center 169250 Originator: Remy Stratton 1b. Primary customers: Birch Bay Watershed and Aquatic Resources Management District, Marine Resources Committee, fishermen, shellfish harvesters, industry, builders, recreationists, and local landowners. 2. Problem to be solved: The Birch Bay Comprehensive Stormwater Plan, adopted by the Whatcom County Council on November 8, 2006, has been developed by the community to protect and restore freshwater and aquatic resources of Birch Bay under the pressure of increasing growth and development. The plan remains unfunded. To address funding needs, an ordinance was adopted in March 2007 forming the Birch Bay Watershed and Aquatic Resources Management District (BBWARM) as of March 2007. The BBWARM Advisory Committee has been meeting since the summer of 2008 to develop a work plan and budget. The present request authorizes the Stormwater Division to support implementation of the work plan. 3a. Options /Advantages: A comprehensive stormwater plan was developed for the Birch Bay Watershed. A part of the planning process included evaluating other alternatives. This budget reflects implementation of the recommended alternative. The programs and projects included in the budget and work plan will address long standing water quality and quantity problems in Birch Bay, including poor water quality which has resulted in a formal shellfish closure in the area of Birch Bay adjacent to Terrell Creek. 3b. Cost savings: N/A 4a. Outcomes: Implementation of the Birch Bay Comprehensive Stormwater Plan and BBWARM work plan. Improvements to water quality and a reduction of localized flooding throughout the Birch Bay Watershed. 4b. Measures: Measures include the reopening of the shellfish harvesting closure area, improvements in water quality as indicated by regular monitoring efforts and increased onsite retention of stormwater. 5a. Other Departments/Agencies: Whatcom County Departments --Public Works, Health, Planning & Development Services; State of Washington Departments --Ecology, Parks, Health 5b. Name the person in charge of implementation and what they are responsible for. Jon Hutchings is the Public Works Assistant Director responsible for the Stormwater program. 6. Funding Source: Birch Bay stormwater utility fees collected from area residents and businesses Friday, June 19, 2009 Rpt. Rpt Suppl Regular 26 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 -2 6 8 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: DGD 611109 June 9, 2009 Finance Originator: E C E � � \U /� E U r\ Division Head: JUN - 2 2009 July 21, 2009 Finance Dept. Head: WHATCOM COUNTYCOUNCIL August 4, 2009 Finance Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUME T.• Committee Discussion on Budget Stabilization Plan ATTACHMENTS. Action Plan, Budget Strategy Implementation SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) Requested Date: NO 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.) Discussion regarding the proposed budget stabilization plan. COMMITTEE ACTION.• COUNCIL ACTION.• 6/09/2009: Presented 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.whatcom.wa.uslcouncil. 27 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4038 MEMORANDUM To: Dana Brown -Davis, Clerk of the Council County Council Members From: Dewey Desler, Deputy Administrator et - Date: July 8, 2009 Subject: Requested time for 2009 2nd quarter budget presentation Dewey G. Desler Director As we continue to review our 2009 — 2010 biennium budgets we would like to keep the Council apprised of pertinent information. I would like to request time for presentation and discussion of the following at the August 4th Finance Committee meeting: Presentation of the 2009 2nd quarter budget results 112 hour This report will cover revenues and expenses through June 2009. We will also review progress toward budget reduction targets as outlined in the Budget Stabilization Plan. Presentation of the Administrative Services Equity Fund 112 hour Equipment Rental and Revolving Fund We will present a detailed review of the Administrative Services Equity Fund and the Equipment Rental and Revolving Fund that includes the background and current status of both Funds. Additional time may be required for further discussion. 15 — 30 Min. An agenda bill is included with this memo. Please call me should you have any questions regarding this request. DD/twh Administration Facilities Management Finance/Accounting Human Resources Information Services County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 28 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-4555 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2009-329 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 7121109 Intro Originator: 8104109 Finance Division Head.- -r �l Committee; I J U L 17 2009 V C 1 ': f� `+' V F 1 ATC O M COUNTY N TY Council t. De Head: Prosecutor: Purchasing/Budget: �� 717 COUNCIL Executive: TITLE OF DOCUMENT: 2009 Supplemental Budget Request #9 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: 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.) Supplemental #9 requests funding from the General Fund. (1) To appropriate $16,669 in Non -Departmental to fund Emergency Management Supplemental Appropriation. (2) To appropriate $500,000 in Non -Department to fund Home Ownership Opportunities Program HUD CDBG Grant From the Water Resources Fund. (3) To appropriate $305,505 to fund residual fund balance transfers out. From the Real Estate Excise Tax Fund I. (4) To appropriate $152,000 to fund e floor of the Courthouse roof replacement project. COMMITTEE ACTION. COUNCIL ACTION: 7/21/2009: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 29 SPONSORED BY: Finance PROPOSED BY: Executive INTRODUCTION DATE: 7/21/09 ORDINANCE NO. AMENDMENT NO. 9 OF THE 2009 BUDGET WHEREAS, the 2009-2010 budget was adopted November 25, 2008; and, WHEREAS, changing circumstances require modifications to the approved 2009-2010 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 2009- 2010 Whatcom County Budget Ordinance #2008-053 is hereby amended by adding the following additional amounts to the budgets included therein: Expenditures Revenues Net Effect General Fund 516,669 (500,000) 16,669 Water Resources Fund 305,505 305,505 Real Estate Excise Tax Fund 1 152,000 - 152,000 Total Add'I Supplemental 974,174 (500,000) 474,174 ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil Deputy P s utor , 2009. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON .Seth Fleetwood, Chair of the Council ( ) Approved ( ) Denied Pete Kremen, County Executive Date: I:\BUDGET\SUPPLS\2009,Suppl\Supplementa1 #9-2009.doc 30 WHATCOM COUNTY Summary of the 2009 Supplemental Budget Ordinance No. 9 Net Effect to Fund Increased Balance Expenditure (Increased) (Increase) Department/Fund Description Decrease Revenue Decrease General Fund To fund Emergency Management Non -Departmental SuRplemental Appropriation 16 669 - 16,669 o fund Home Ownersnip Non -Departmental Opportunities HUD-CDBG Grant 500,000 500,000 - Total General Fund 516,669 (500,000) 16,669 Water Resources Fund fund residual fund balance transfer 305,505 - 305,505 out Real Estate Excise Tax Fund I To fund 6th floor Courthouse roof 152,000 152,000 replace ent project Total Add'I Supplemental 974.174 (500.0001 474.174 31 Supplemental Budget Request status: Pending Non -Departmental Supp'l to # 841 ; Fund 1 Cost Center 4530 Originator. M Caldwell Expenditure Type: One -Time Year 1 2009 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Emergency Management Supplemental Appropriation I.\ Costs: ent Head Signature (Required on Hard Copy Submission) Date Object Object Description Amount Requested L 2910.1000 Fund Balance. ($16,669) 8351.16700 Operating Transfer Out $16,669 Request Total $0 la. Description of request. The Emergency Management Council approved a motion to increase local jurisdiction funding from $1.98 per capita to $2.18 per capita to make up the 2009 budget shortfall. 1b. Primary customers: Citizens of Whatcom County 2. Problem to be solved. The Division of Emergency Management started 2009 with a budget requiring donations of over $101,000 be raised to supplement existing local jurisdiction contributions. That budget included 2.5 FTEs. The Emergency Management Council was unable to raise the donations. The Division presented a revised budget to the Council which eliminates 1 FTE, adds inkind services from other departments, and reduces other expenses. The revised budget will result in the need to raise an additional $22,794 from local jurisdictions. Whatcom County's share of this amount is $16,669. 3a. Options / Advantages: This was the option adopted by the Emergency Management Council of which Whatcom County is a member. The option funds 1.5 FTEs out of member contributions for a total additional contribution from all members of $22,794. The other option presented to the Emergency Management Council was for 2 FTEs which would have required total additional contributions of $47,413. 3b. Cost savings: The cashflow needs of the Emergency Management Fund have been reduced $78,487 below the original 2009 budget. 4a. Outcomes: The Division of Emergency Management will have the capacity to continue operations for the remainder of 2009. In addition, due to restructuring and meeting target budgets through the addition of in -kind services the Division will be able to maintain an adequate level of funding to qualify for EMPG grant funds to continue its administrative position. 4b. Measures: The revised budget plan will be fully implemented. In -kind services will be accurately tracked and recorded. The Division will be able to continue its EMPG grant -funded position and the FTE funding set aside in the SHSP grant will be utilized. 5a. Other Departments/Agencies: Additional funding will be required by the other municipalities that are members of the Emergency Management Council as follows: Blaine $92.1 Monday, June 29, 2009 Rpt: Rpt Suppl Regular 32 Supplemental Budget Request status: Pending Non -Departmental Supp7ID # 84� Fund 1 Cost Center 4530 Originator. M Caldwell Everson $439 Ferndale $2,114 Lynden $2,210 Nooksack $206 Sumas $231 In addition, tracking of in -kind services will need to be implemented in the Sheriffs Office, Administrative Services and the Road Fund. 5b. Name the person in charge of implementation and what they are responsible for: The Sheriffs Office accountant will be billing the other jurisdictions for their additional contributions. 6. Funding Source: General Fund Monday, June 29, 2009 Rpt: Rpt Supp! Regular 33 Supplemental Budget Request Status: Pending Executive Supp'l lD # a60 Fund 1 Cost Center 4266 Originator: Suzanne Mildner Expenditure Type: One -Time Year 1 2009 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Home Ownership Opportunities Program �7 a Didpartment qead Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4333.1422 HUD-CDBG ($500,000) 6610 Contractual Services $500,000 Request Total $0 la. Description of request: Supplemental budget request for a Community Development Block Grant from the Washington State Department of Community, Trade and Economic Development, which grant will be passed through to Kulshan Community Land Trust as subrecipient. This grant will be applied to the Home Ownership Opportunities Program for the purpose of acquiring 20 affordable homes, which will benefit low to moderate income citizens in our community. 1b. Primary customers: Whatcom County residents who qualify for the Home Ownership Opportunities Program. 2. Problem to be solved. In order for Kulshan Community Land Trust to leverage additional funding for the acquisition of affordable homes for their Home Ownership Opportunities Program, they had requested local jurisdiction support for this project. Since Whatcom County is the local jurisdiction that is required to be the applicant for the block grant funding, an application was submitted in Fall 2008, and Whatcom County was successful in securing the $500,000 block grant. Whatcom County will enter into a subrecipient agreement with Kulshan Community Land Trust, who will complete all aspects of this project and administer to the requirements of the grant. 3a. Options /Advantages: No other option for this project. 3b. Cost savings: N/A 4a. Outcomes: Acquisition of 20 homes for the Home Ownership Opportunities Program. This project will assure that the homes are permanently affordable to low and moderate income (LMI) households through the land trust's shared equity strategy. The Opportunity Council will contribute weatherization and home repair services for up to ten of these homes. The project is expected to be completed by February, 2012. 4b. Measures: Kulshan Community Land Trust, as the grant subrecipient, will be required to provide ongoing reports along with the grant reimbursement requests. The grant closeout and final report will occur only after evidence of all grant project requirements have been met. A final public hearing must be conducted at grant closeout. 5a. Other Departments/Agencies: Opportunity Council, as partner with Kulshan Community Land Trust. 5b. Name the person in charge of implementation and what they are responsible for. Friday, July 17, 2009 Rpl: Rpt Supp! Regular 34 Supplemental Budget Request Status: Pending Executive Supp'l ID # 860 Fund 1 Cost Center 4266 Originator: Suzanne Mildner Dave Finet is Director of Opportunity Council and will oversee any required weatherization or home repair services that may be required. 6. Funding Source: This project is funded with a federal grant (Housing and Urban Development, via the Community Development Block Grant (CDBG) Program) Friday, July 17, 2009 Rpt: Rpt Suppl Regular 35 Supplemental Budget Request status: Pending Public Works Administration Supp7 ID # 859 Fund 117 Cost Center 117100 Originator. M Caldwell/P Leviton Expenditure Type: One -Time Year 1 2009 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Water Resources Fund Balance Out ►.\ rtment Oead Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested j 2910.1000 Fund Balance ($305,505) 8351 Operating Transfer Out $305,505 Request Total $0 1 la. Description of request: Transfer remaining Water Resources Fund balance from Fund 117 back to General Fund and Flood Control Zone District. 1b. Primary customers: Beneficiaries of the General Fund and Flood Control Zone District 2. Problem to be solved: A residual balance remains in the Water Resources Fund (#117) which is no longer being used. Over the past four years the Water Resources Fund received $1,119,000 in transfers from the General Fund and from the Flood Fund. 55% of the transfers were from the General Fund and 45% from the Flood Fund. Both of these funds are in need of the residual fund balance resources of the Water Resources Fund. This budget supplemental requests 55% of the residual fund balance, $168,028, be returned to the General Fund and 45%, $137,477, be returned to the Flood Fund. 3a. Options /Advantages: The other option would be to transfer all assets to the new Stormwater Fund and Natural Resources cost center in the Flood Fund. However, supplemental #2009-02 already distributed $56,911 to the Stormwater Fund and $61,624 to the Natural Resources cost center for various projects earlier this year. The current economic crisis causes a high priority to be placed on funding that can be used to assist the General Fund as it is adjusted to find a new level of balance based on reduced revenues and expenditures. The proposed option fairly distributes the residual Water Resources fund balance in proportion to how it was received. 3b. Cost savings: none 4a. Outcomes: The Water Resources fund balance will be brought to zero when assets are distributed by interfund transfer. Target date August 31, 2009. 4b. Measures: The accounting system will reflect the fund transfers. 5a. Other Departments/Agencies: Flood Control Zone District and General Fund fund balances will be increased. 5b. Name the person in charge of implementation and what they are responsible for: Marianne Caldwell to draft interfund transfer on behalf of the General Fund. Peggy Leviton to draft interfund transfer on behalf of the Flood Fund. Monday, July 13, 2009 Rpt: Rpt Supp! Regular 36 Supplemental Budget Request States: Pending Public Works Administration Supp7 to # ass Fund 117 Cost Center 117100 Originator. M Caldwell/P Leviton 6. Funding Source: Water Resources fund balance. Monday, July 13, 2009 Rpt: Rpt Suppi Regular 37 WHATCOM COUNTY ADMINISTRATIVE SEVICES Whatcom County Courthouse 311 Grand Ave, Suite 108 Bellingham, WA 98225-4083 Ddesler@co.whatcom.wa.us DEWEY G. DESLER Director MEMO TO: Pete Kremen, County Executive FROM: Michael Russell, Facilities Manager z DATE: July 8, 2009 RE: Supplemental Budget Request Background and Purpose FACILITIES MANAGEMENT 316 Lottie Street Bellingham, WA 98225-4010 Phone: 360.676.6746 Fax: 360.676.6789 Facilities@co.whatcom.wa. us MICHAEL RUSSELL Facilities Manager JUL 8 - 2009 PETE KREMEN COUNTY EXECUTIVE AS -Facilities Management is requesting a supplemental budget to provide funding for the Courthouse Roof Replacement of the 6"' Floor. The project involves the replacing the roof to stop multiple leaks that are damaging the integrity of the building and causing potential mold problems. No previous funding has been provided. Funding and Source Funding is estimated at $152,000 to cover the Courthouse Roof Replacement of the 6"' Floor; Funding to be provided from the REST I fund. If you have any questions, please contact me at extension 50575. Thank you, Enclosures (1) Supplemental Budget Request status: Pending Administrative Services Facilities Management Supp'1 io # ass i Fund 326 Cost Center Originator: Michael Russell Expenditure Type: One -Time Year 1 2009 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Courthouse Roof Replacement 6th Floor X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($152,000) 6630.2008 Professional Services $162,000 Request Total $0 la. Description of request: To stop the leaks and damage to building, and to decrease maintenance. 1b. Primary customers: The courthouse employees and visitors. 2. Problem to be solved: Multiple leaks are undermining the integrity of the building and causing potential mold problems. 3a. Options / Advantages: None, the roof must be replaced. 3b. Cost savings: Less damage to the structure. 4a. Outcomes: Leaks will stop once roof is repaired. 4b. Measures: The leaking will stop, further damage to the building will cease and maintenance costs will decrease. 5a. Other Departments/Agencies: No. 5b. Name the person in charge of implementation and what they are responsible for: No other departments. 6. Funding Source: REETI Wednesday, July 08, 2009 Rpt: Rpt Suppl Regular 39 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-333 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. ��. 1- ��-(}� �, L C E v' D 8/4/09 Fin/Council Division Head: JUL 2 9 2009 WHA TCOM COUNTY C O U N C I L Dept. Head: A Prosecutor. Purchasing/Budget: ! Z Executive: TITLE OF DOCUMENT.. Contract Amendment #1 with Jones & Stokes Associates, Inc. ATTACHMENTS: Cover Memo, Contract Information Sheet, Contract Amendment SEPA review required? ( ) Yes ( x ) Should Clerk schedule a hearing ? ( ) Yes NO x ) No SEPA review completed? ( ) Yes ( x ) Requested Date: NO SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: The Whatcom County Department of Planning and Development Services is conducting a multi -year project to update the Whatcom County Comprehensive Plan by 2011, as required by the Washington State Growth Management Act (GMA). The emphasis of this contract is on the 10-year UGA review. This amendment extends the scope of services. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: W WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-.2525 Fax MEMORANDUM TO: Pete Kremen, County Executive THROUGH: David Stalheim, Director7G1 FROM: Matt Aamot, Senior Plannery� RE: Jones and Stokes contract amendment DATE: July 17, 2009 David Stalheim Director J.E. "Sam" Ryan Assistant Director JUL. 2 4: 2009 P ETE K'��`=D 014 COUNTY EXECUTIVE Enclosed are two (2) originals of the contract amendment #1 between Jones & Stokes Associates, Inc. and Whatcom County for your review and signature. ■ Background and Purpose Whatcom County Department of Planning and Development Services has initiated a multi -year project to update the Whatcom County Comprehensive Plan, as required by the Washington State Growth Management Act (GMA). The GMA has two separate and distinct requirements for Comprehensive Plan review and update: ■ RCW 36.70A.130(3) requires the County to review, at least every ten years, its urban growth areas, and the densities permitted within. This review must be completed in 2009. ■ RCW 36.70A.130(4) requires review and update of the comprehensive plan and development regulations every seven years. This review must be completed in 2011. The emphasis of this contract is on the 10-year UGA review. The Growth Management Hearings Board extended the deadline for completing this review from June to December 2009. Additional consultant effort is needed, given the extended project time -frame. ■ Funding Amount and Source The additional funding of $24,550 is in the current PDS budget. The total contract amount would be $324,543. ■ Differences from previous contract In addition to increased funding, amendments to the scope of work would include: ➢ Consultant preparation of findings and a reconciliation process. ➢ Consultant attendance at Planning Commission and County Council meetings. ➢ Updating the fiscal analysis in the Final EIS. ➢ Eliminating consultant review of County -wide Planning Policies. ➢ Consultant GIS services will be on a pre -authorized basis. ➢ Emphasizing completion of the land monitoring methodology. Please contact Matt Aamot at extension 50260, if you have any questions or concerns regarding the terms of this agreement. Encl. 41 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. o200F1Io31—I Originating Department: Planning and Development Services Contract Administrator.' Matt Aamot Contractor's /A enc Name: Jones & Stokes Associates, Inc. Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes _ No x Yes x No _ If yes, previous number(s): 200811031 Is this a grant agreement? Yes _ No x If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No x If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes x No _ If yes, RFP and Bid number(s) 08-44 Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $299, 993.00 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10% increase in amount or more than $10, 000, whichever is $24, 550.00 greater, must also go to Council and will need an agenda bill and Total Amended Amount: supporting memo. If less than these thresholds, just submit to $324, 543.00 Executive with supporting memo for approval. Scope of Services The Whatcom County Department of Planning and Development Services is conducting a multi -year project to update the Whatcom County Comprehensive Plan by 2011, as required by the Washington State Growth Management Act (GMA). The emphasis of this contract is on the 10-year UGA review. This amendment extends the scope of services. Term of Contract: Expiration Date: 12131109 Contract Routing Steps & Signoff.- fsian or initiall (indicate date transmitted) 1. Prepared by: BB Date 07117109 [electronic] 2. Attorney reviewed: Date " - l]:L%lectronic] 3. AS Finance reviewed: Date'1 O-o`�electronic] 4. 1T reviewed if IT related: Date [electronic] 5. Corrections made: ,- Date [electronic] hard copy printed 6. Attorneysignoff.- CT Date 7. Contractor signed: t- Date 8. Submitted to Exec Office: ✓ Datel [summary via electronic; hardcopies] 9. Reviewed by DCA: Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original: Date 13. Returned to dept. Date 14. County Original to Council: Date 42 Whatcom County Contract No. Amendment No. 1 Whatcom County Contract No. 200811031 CONTRACT BETWEEN WHATCOM COUNTY AND Jones & Stokes Associates, Inc. THIS AMENDMENT is to the Contract between Whatcom County and Jones & Stokes Associates, Inc., dated December 10, 2008 and designated "Whatcom County Contract No. 200811031". In consideration of the mutual benefits to be derived, the parties agree to the following: This Amendment increases the maximum consideration by $24,550.00 to a total consideration of $ 324,543.00. This Amendment replaces the current Exhibit A — Scope of Work and Exhibit B — Cost Estimate with the new Exhibit A — Scope of Work and Exhibit B — Cost Estimate. Unless specifically amended by this agreement, all other terms and conditions of the original contract shall remain in full force and effect. This Amendment takes effect: upon signature of the County Executive. IN WITNESS WHEREOF, Whatcom County and have executed this Amendment on the date and year below written. DATED this day of , 2009. CONTRACTOR: CONTRACTOR Jones & Stokes Associates, I c. STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) v On thisag day of , 20 as 9, before me personally appeared to me known to be the of the C, pi r,�0 and who executed the above instrument and who acknowledged to me the act of signing and s ng theitFou NOTARY PUBLIC in and for the State of Washington, residing at Z ON Eq My commission expires 43 WHATCOM COUNTY: Approved as to form: Prosecuting Att"'j Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2009, 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: Jones & Stokes Associates, Inc. 11820 Northup Way Suite E300 Bellevue, WA 98005 Phone: (425)822-1077 Fax: (206)822-1079 jonesandstokes.com Exhibit A Scope of Work The Whatcom County Department of Planning and Development Services is initiating the second phase of a multi -year project to update the Whatcom County Comprehensive Plan by 2011, as required by the Washington State Growth Management Act (GMA). The GMA has two separate and distinct requirements for Comprehensive Plan review and update: ■ RCW 36.70A.130(3) requires the County to review, at least every ten years, its urban growth area or areas, and the densities permitted within. Based on the 1997 adoption of the county's first GMA compliant plan, this review was required to be completed ten years later in 2007. ■ RCW 36.70A.130(4) requires review and update of the comprehensive plan and development regulations every seven years. Whatcom County was required to complete this review in 2004 and will be required to complete another review and update in 2011. The UGA review is overdue and will be completed in 2009 prior to the completion of the 2011 update process. The processes must be coordinated with a Growth Management Hearings Board decision and the County's Rural Element and Limited Areas of More Intense Rural Development. Considering the 2011 update process as a whole, Whatcom County project goals include: ■ Community values - Ensure that community values are incorporated in the Whatcom County Comprehensive Plan; ■ Environmental Analysis - Analyze and address environmental impacts, mitigation, and alternatives; ■ Growth Planning - Guide development, land use, utilization and conservation of resource lands, provision of public facilities, and preservation of environmentally sensitive areas over the 20-year planning period in a manner coordinated with city plans; and ■ State Law Compliance - Facilitate County Council action to review and, if needed, revise the Whatcom County Comprehensive Plan to ensure compliance with the requirements of the GMA. This includes ensuring compliance with the rural element (including LAMIRDs), 10-year UGA review and update, and the 7-year review and update process. The Jones & Stokes team (Consultant) will support and provide planning services to Whatcom County (County) in the Phase 2 Comprehensive Plan Update process. The Phase 2 process — which primarily addresses efforts between January and December 2009— builds on Phase 1 efforts to develop growth projections and land supply analyses. Phase 2 will result in a UGA review process that includes alternatives formulation, SEPA review, technical analysis, and a public participation process. The 10-year UGA review will be complete by December 1, 2009. This effort will also contribute to the 7-year full Comprehensive Plan review by 2011. 45 Project Description The scope of work represents the second phase in a multi -year process to completing the 2011 comprehensive plan update, and will serve as the basis for the required 10-year UGA review. Specifically, consultant services will be provided to achieve the following in Phase 2: Visioning - Based on the results of the public participation process in Phases 1 and 2, prepare preliminary draft vision statements and preliminary draft community value statements. The vision and community value statements will inform review of the County -wide planning policies and the Whatcom County Comprehensive Plan update. The visioning process will include regional UGA issues. A Regional Forum (Growth Management Coordinating Council) consisting of representatives of various governmental units will guide the visioning process. 2. Regional Growth Alternatives - Develop and implement a public/agency participation process that will result in defining regional growth alternatives. 3. Population Projections - Develop population projections for Whatcom County for the 2009- 2031 period. Building on Phase 1 data and recommendations, develop a policy based allocation for growth in Phase 2. 4. Economic Projections - Develop economic projections for Whatcom County for the 2009-2031 period. Building on Phase 1 data and recommendations, develop a policy based allocation for growth in Phase 2. 5. Land Supply Methodology - Determine existing land supply in cities, urban growth areas, and rural areas. Alternative land use plans would be reviewed for land capacity to support the SEPA and Plan update process. 6. Land Demand Methodology - Building on Phase 1 data and recommendations, determine the land demand for the alternatives developed for the SEPA and Plan update process. 7. Land Monitoring Methodology - Develop a methodology and program for monitoring land supply in cities, urban growth areas and rural areas over the planning period. 8. High -Level Fiscal Assessment - At a broad level examine the implications of the specific alternative growth scenarios such as adequacy and alignment of capital funding streams, implications for efficient delivery of local public services, and implications for tax payers. 9. SEPA Environmental Analysis - Complete the SEPA process for the 10-Year UGA Review, regional growth alternatives, and Comprehensive Plan and Countywide Planning Policy amendments. 10.Transportation Model Analysis - Conduct the transportation analysis for use in the Comprehensive Plan Update process. 11.Capital Facilities Analysis - Develop appropriate Capital Facilities information supporting the UGA review process. 12.Countywide Planning Policy and Comprehensive Plan Amendments - Develop and consider consistency amendments associated with the UGA Review process. The Consultant will consider how other local public participation efforts, including the Whatcom County Comprehensive Plan rural element update, Birch Bay Watershed Characterization project, agricultural committee work and Legacy Planning project, could tie into the 2011 update. W Assumptions "Fhe scope, budget and schedule contained in this document are predicated upon the following provisions, assumptions and conditions. The purpose of this list is to enumerate and describe mutual expectations and understandings required of all parties to this scope of services in order to complete the project on time and within budget. • Additional service requests or alterations beyond those described in this document will require supplemental contract modifications or explicit, pre -approved substitutions. The Consultant will not perform additional work until written authorization is provided. • The budget presents cost estimates for each task. Time may be transferred from one task to another due to greater or lesser level of effort, provided that each task is completed and the total budget is not exceeded. ■ The scope does not include Field reconnaissance or other original data collection except as explicitly described in this scope. Research and data collection will be based on readily available secondary sources of information, including reports, inventories, maps and other similar literature from local governments and other sources. ■ The County will provide available necessary government documents, subarea plans, prior EIS documents, studies, and GIS data layers and mapping and other technical information pertaining to the county, including any appropriate electronic GIS data, aerial photos, and drawings of areas within the planning area. The County will provide Assessor data or other mappable features to the Consultant. The Consultant will provide GIS services when pre - authorized by the County. ■ The County will consolidate all internal staff review comments from the County, City and outside agencies on draft review documents and provide a single, complete set of comments to the Consultant for revisions. ■ Whatcom County is responsible for document reproduction and distribution of all review and final drafts for the purpose of staff comments. All Consultant deliverables will be limited to electronic file transfers and "camera ready" documents. ■ County/City review and comment on draft documents will occur in accordance with the detailed project schedule. ■ The Consultant will not be responsible for delays in the schedule resulting from delays in the provision of critical information or in decision -making by County/City staff, other governmental agencies, elected or appointed boards, commissions or citizen groups. • Whatcom County and municipal, state, and tribal agencies are responsible for resolution of internal disagreements. The Consultant is not responsible for delays resulting from inter - jurisdictional, public, or political issues. ■ County staff will be responsible for meeting notices, room arrangements and other logistics for public meetings. The County will provide for recording secretaries or audio recording of meetings if desired or required. • The budget assumes two senior Jones & Stokes staff will facilitate the public workshops for the alternatives. One to two Jones & Stokes staff will attend to present products to the Planning Commission, GMCC or County Council where those meetings are specified. Berk & 47 Associates (subconsultant to Jones & Stokes) will attend meetings to present products developed in Tasks 3 through 7, 11, and 14 based on available hours. These meetings may occur with staff or before the Planning Commission, GMCC or the County Council. Henderson Young & Company will attend up to two meetings in conjunction with Task 11. Where possible, County staff will endeavor to combine staff meetings with other public meetings to be attended by the Consultant team. ■ County staff will be responsible for meeting minutes of the Planning Commission and County Council meetings. The Consultant will summarize public workshop meetings and GMCC meetings attended by the Consultant. ■ This scope of services does not include assistance with or representation by any member of the Consultant at legal and quasi-judicial appeals. Exhibit A presents the scope of work for the Whatcom County Comprehensive Plan 2011 Update (Phase 2). Cost estimates and a proposed schedule are presented in Exhibits B and C, respectively. Whatcom County is preparing to update the Comprehensive Plan by Dec. 1, 2011, as required by the Growth Management Act (GMA). Additionally, it is anticipated that Whatcom County will complete the 10-year UGA review in 2009. The scope of work to be completed by the Consultant for Phase 2 of this update is set forth below. Task 1 Public Participation and Visioning This task includes public workshops designed to develop regional conceptual growth alternatives, development of values and vision statements, and GMCC coordination. 1.1 Phase 2 Public Participation Plan Incorporated in Phase 1 Scope. 1.2 Public Workshops (Alternatives) The Consultant will develop public participation exercises to gain public input on the regional growth alternatives at public workshops held around the County, located in a manner to gain input about individual urban growth areas (UGAs). The exercises are anticipated to include mapping exercises with two-dimensional maps or with CommunityViz©. The public meetings will be coordinated to the extent feasible with the parallel Rural Element update process. The Consultant will design and prepare display boards and handouts. The County will be responsible for press releases, meeting logistics and public notices. The Consultant budget assumes two senior staff members will attend and facilitate the workshops. The Consultant will prepare for and attend up to two public meetings or hearings regarding the Comprehensive Plan Update. These meetings may occur with the Planning Commission, County Council or other bodies as appropriate. 1.3 Prepare Values and Vision Statements Based upon public input from Phases 1 and 2, the Consultant will formulate three preliminary draft vision statements that correspond to the three regional growth alternatives. The vision statements will express the preferred future for Whatcom County in the year 2031 for each of the alternatives. Based upon public input from Phases 1 and 2, the Consultant will formulate preliminary draft community value statements relating to key planning issues in Whatcom County. The key planning issues will address topics covered in the Whatcom County Comprehensive Plan and topics covered in the 1994 community value statements (contained in Appendix C of the Whatcom County Comprehensive Plan). 1.4 Regional Forum Coordination The Consultant will attend up to seven GMCC meetings from January to July 2009. 1.5 Phase 3 Public Participation Plan The Consultant will review the Phase 2 public participation plan and revise as appropriate the document for Phase 3 (post-UGA Review phase). Task 2 Regional Growth Alternatives Activities included as part of Task 2 focus on the development of three regional growth alternatives. 2.1 Develop Conceptual Alternatives The process will identify three regional growth alternatives at a conceptual level. One of the three alternatives will be the No Action Alternative, which would retain existing comprehensive plan and zoning designations. As a tool for explaining the alternatives to the public and solicit comments, the Consultant will prepare a qualitative comparison of the alternatives. The information will be formatted in a table to show differences, similarities and relative impacts of the alternatives "at -a -glance" based on the level of information available at that point in the process. An internal preliminary draft will be prepared for review by County staff. The final version, based on comments from the County, will be prepared for the public workshops. The Consultant will coordinate the 2011 comprehensive plan update with the Whatcom County Comprehensive Plan rural element update (which will include designation of LAMIRDs). This rural element update is being undertaken in a separate contract by a different consulting firm. However, comprehensive plans must be internally consistent, so coordination between the 2011 update and the rural element update is important. 2.2 Prepare Revised Alternatives The Consultant will summarize and document oral and written public comments related to the regional growth alternatives. Following the public meetings, the Consultant will meet with the County to review public comments and City input on UGAs. The Consultant will incorporate comments made by the public, agencies and Tribal authorities and revise the regional growth alternatives. Alternatives will be described at a sufficient level of detail, including UGA boundaries and densities, to support the 10-year UGA review, transportation and capital facility tasks. 2.3 Produce Summary Document The Consultant will produce a written document that identifies the regional growth alternatives to be considered. Written and oral comments made by the public and agencies through the visioning/alternatives process will be included in this document. The Consultant will present the public input received at the workshops and the three regional growth alternatives (original and revised) at up to two meetings at the County's choice. Task 3 Population Projections Projections of future population are an integral component of land use planning. As required by RCW 36.70A.110, in 2007, the Washington State Office of Financial Management (OFM) developed a twenty year population projection for the County. The Consultant will assist the County and local jurisdictions in developing new projections for the 2009 to 2031 timeframe. Development of new projections will consider: • consistency with past population growth trends; ■ local, regional, and state employment trends; • the quality of life in Whatcom County; and ■ social, economic and demographic trends. The following work elements identify specific activities related to population projections: 3.1 Review data. Incorporated in Phase 1 Scope. 3.2 Develop a process for allocating population to cities, urban growth areas, and rural areas. Incorporated in Phase 1 Scope. 3.3 Coordinate with cities and other jurisdictions to ensure consistent planning. Incorporated in Phase 1 Scope. 3.4 Prepare a technical memorandum. Incorporated in Phase 1 Scope. 3.5 Develop a technical allocation. Incorporated in Phase 1 Scope. 3.6 Develop a policy based allocation. Based on Task 3.4 and 3.5, the Consultant will assist advisory bodies and County decision -makers (Technical Advisory Group, GMCC, Planning Commission, and County Council) to develop a policy based allocation. The Consultant will answer questions and provide strategic advice in relation to the technical allocation, GMA, and other factors. Consultant assistance is limited to the hours included in the Phase 2 budget. Task 4 Economic Projections "rhe Consultant will review current employment projections. Working closely with Whatcom County and local jurisdictions, the Consultant team will develop new projections for the 2009 to 2031 timeframe. The Consultant will: 4.1 Review and summarize current economic conditions. Incorporated in Phase 1 Scope. 4.2 Work closely with the County and local jurisdictions to assist in developing new projections for the 2009 to 2031 timeframe. Incorporated in Phase 1 Scope. 4.3 Develop a process for allocating employment to cities, urban growth areas, and rural areas. Incorporated in Phase 1 Scope. 4.4 Consult with other agencies and jurisdictions to ensure coordinated and consistent planning. Incorporated in Phase 1 Scope. 4.5 Prepare a memorandum. Incorporated in Phase 1 Scope. 4.6 Develop a technical allocation. Incorporated in Phase 1 Scope. 4.7 Develop a policy based allocation. Based on Tasks 4.5 and 4.6, the Consultant will assist advisory bodies and County decision -makers (TAG, GMCC, Planning Commission, and County Council) to develop a policy based allocation. The Consultant will answer 50 questions and provide strategic advice in relation to the technical allocation, GMA, and other factors. Consultant assistance is limited to the hours included in the Phase 2 budget. Task 5 Land Supply Methodology 5.1 Develop a consistent methodology, in consultation with cities, County Planning staff, and the Growth Management Coordinating Council, for determining existing land supply in cities, urban growth areas, and rural areas. Incorporated in Phase 1 Scope. 5.2 No Action Alternative land supply information. Incorporated in Phase 1 Scope. 5.3 Prepare a technical memorandum. Incorporated in Phase 1 Scope. 5.4 Develop Action Alternatives land supply information. Using the methods approved and utilized in Tasks 5.1 to 5.3, the Consultant will provide oversight and guidance to County staff in the development of land supply analyses for two regional growth alternatives that are considered "Action Alternatives." 5.5 The consultant will assist the County in review of the Preferred Alternative. Task 6 Land Demand Methodology The Consultant will develop a consistent methodology, in consultation with cities, County Planning staff, and the Growth Management Coordinating Council, for forecasting land needed for residential, commercial, industrial and institutional uses in the twenty year planning period. The Consultant will: 6.1 Review current plans and methodologies. Incorporated in Phase 1 Scope. 6.2 Develop a methodology for calculating land needed for residential, commercial, industrial and institutional uses. Incorporated in Phase 1 Scope. 6.3 The demand methodology will be coordinated with the methodology for evaluating the land supply and capacity for the County's residential, commercial and industrial space completed following methodology developed in Task 5. Incorporated in Phase 1 Scope. 6.4 Prepare a technical memorandum. Incorporated in Phase 1 Scope. 6.5 Determine available land for the preliminary population and employment forecast recommended by the GMCC. Incorporated in Phase 1 Scope. 6.6 Determine land needed for the alternative forecasts for up to two regional growth forecasts. Phase 2 includes the development of land demand projections for up to two regional growth forecasts (a third alternative is included in Phase 1). The forecasts may differ from the No Action Alternative (Adopted Comprehensive Plan) and the GMCC preliminary forecast developed in Phase 1. Task 7 Land Monitoring Methodology A land monitoring methodology for cities, urban growth areas and rural areas will be developed by the Consultant in consultation with cities, County Planning staff, and Whatcom County Planning Commission and County Council. The methodology will encompass a twenty year planning horizon. 51 The Consultant will develop a consistent methodology and program for tracking land supply in cities, urban growth areas, and rural areas as development occurs over the planning period. The purpose is to determine the remaining quantity and type of land suitable for development at any given time in the planning period. This methodology will: ■ Develop a methodology for monitoring the supply of residential, commercial, and industrial land over the planning horizon. ■ This methodology will be utilized, in consultation with the cities, to monitor available land in the future. • A technical memorandum will be prepared by the Consultant that will contain the assumptions and ready to implement methodology and logic model developed for the land monitoring evaluation. • The land monitoring evaluation will be tested prior to the completion of Phase 2 based on example data such as from the current Comprehensive Plan (No Action). • The Consultant will include the land monitoring methodology with the Preferred Alternative. Task 8 Fiscal Analysis A high-level fiscal assessment, in qualitative terms, to examine the following implications of the specific alternative growth scenarios under consideration: • Adequacy and alignment of capital funding streams (one-time revenues that would accompany new development and be available to help defray the costs of infrastructure development). • Implications for efficient delivery of local public services: o To what extent does anticipated growth translate to more- or less -efficient municipal service structures? And in what instances do distributional issues reflect a zero -sum game? o What statutory or logistical barriers exist that would impede efficient provision of public services? o In what ways do relative efficiencies translate into more fiscally -sustainable local governments? o What considerations should jurisdictions bear in mind when they contemplate onetime revenue bumps as opposed to increases in ongoing revenue streams? • Implications for taxpayers: o Under what conditions can taxpayers expect to see fiscal benefits or costs from growth? That is, what scenarios are likely to translate into benefits or costs for taxpayers? o Under what conditions, and for which jurisdictions, are service impacts likely to result in benefits or costs for existing taxpayers? The high-level assessment would provide an overall policy analytic Framework for how to think about the key questions of long-term Fiscal sustainability and the role of the Comprehensive Plan in setting up the County for future success. 52 The fiscal review will be updated to reflect the Preferred Alternative and included in the Final EIS as appropriate. Task 9; SEPA Environmental Analysis Consistent with WAC 197-11, the Consultant will prepare a SEPA environmental impact statement to evaluate the regional growth alternatives developed in Tasks 2.1 and 2.2. The proposed level of detail for environmental analysis will be programmatic and areawide. The EIS will focus on the UGA review; later County work on the 2011 update following the UGA review may benefit from the EIS and phased SEPA process. The environmental topics described below represent the Consultant's expectation on required topics for the SEPA analysis. Topics will be determined through the Phase 1 scoping process and the scope and budget may be amended if the scoping process produces additional topics not anticipated to date or if anticipated topics can be removed. 9.1 SEPA Strategy Formulation and Notices Incorporated in Phase 1 Scope. 9.2 Prepare Preliminary Draft EIS The Consultant will compile and prepare a Preliminary Draft EIS based on tasks 9.2.1 to 9.2.12. Following County review of the Preliminary Draft EIS, the Consultant will meet with County staff to obtain comments. 9.2.1 General Sections The Consultant will prepare the required environmental summary, fact sheet, table of contents, distribution lists, and references. 9.2.2 Alternatives Description Draft descriptions of each of the three alternatives will be prepared for review and comment by County staff. The purpose of the descriptions is to provide a general overview of the main characteristics of each and to highlight significant differences among the alternatives. Based on comments from County staff the Consultant will prepare one revision of the alternatives descriptions. The alternatives description will also address SEPA objectives. 9.2.3 Earth The Consultant will address the topography and soils found in the County, and the areas subject to geologic hazards including erosion, landslides, liquefaction and other hazards. The identification of geologic conditions and hazards will be based upon USGS maps, USDA Soil Conservation Service soil surveys, County inventories, basin studies, and other available resources. A comparison of growth and land use patterns to the location of the sensitive or hazard areas will be made and a discussion of the level of effectiveness of critical area and building regulations will be provided. Mitigation measures to avoid, minimize or rectify impacts will be identified at a programmatic level. 9.2.4 Air Quality The Air Quality analysis will outline requirements of federal, state and regional air quality regulations for the proposed alternatives. The Consultant will reference previous environmental documentation, applicable regulations, and air quality status of the county. The analysis will summarize air -monitoring data at continuous monitoring stations based on Northwest Clean Air Agency data. Existing emission inventories of selected pollutants will be summarized if available. The EIS will qualitatively compare the alternatives' potential to contribute to emissions based on an order of magnitude comparison of VMT model output through Task 10. A summary of current climate change programs applicable to the county or region will be summarized. Impacts Mitigation strategies will be proposed. 9.2.5 Water Resources The Consultant will summarize existing conditions regarding water quantity and water quality based on available County and State inventories and analyses of critical areas. The Consultant will prepare an impact analysis of alternatives at a programmatic level using order of magnitude 53 analysis (e.g. broad estimates of impervious surfaces based on acres by class and typical impervious surfaces associated with the use category), and identify current and recommended mitigation measures as appropriate. No modeling is included in the scope of services. 9.2.6 Plants and Animals Plant and animal habitat will be described based on existing County and State published sources. Qualitatively the Consultant will address common impacts due to habitat alteration or habitat loss due to increased urban growth, comparing the three land use alternatives in an order -of - magnitude fashion. 9.2.7 Land and Shoreline Use The land and shoreline use affected environment section will generally describe land use patterns in the county, including a description of location and distribution of urban, rural, and resource land uses. Potential land use impacts will be identified at a programmatic level for each of the alternatives including changes in activity levels, intensity of development and urban/rural land use patterns, land use compatibility, and ability to absorb the densities proposed. Mitigation measures will be identified to reduce impacts on land and shoreline uses including urban, rural, and resource lands. 9.2.8 Plans and Policies The affected environment will describe the policy and regulatory context in the County. The impact analysis will evaluate the internal and external consistency of the proposed alternatives. Internal consistency will focus on the Comprehensive Plan update and proposed alternatives in the context of the County's plans and regulations. External consistency with relevant local, regional and state plans and policies including GMA Goals, Shoreline Management Act goals and requirements, Countywide Planning Policies, and local Comprehensive Plans will also be included. 9.2.9 Population and Employment The EIS will assess impacts of the land use alternatives on employment, housing, and population in the County including growth rates, land capacity in relation to growth projections and related issues, using information generated in Tasks 3 to 6. The Consultant will identify mitigation measures to reduce impacts on housing, population, and employment. This may include reference to mitigation measures proposed in other elements of the environment. 9.2.10 Cultural Resources The EIS section will describe current historic and cultural resources found in the county based upon published State and County sources including recent information collected for the Shoreline Master Program Update. Impacts will be discussed at a programmatic level. Mitigating measures, including federal, state and local requirements will be identified. 9.2.11 Transportation Analysis described under Task 10 will be incorporated into the Draft EIS. Transportation inventory and existing conditions analysis results will comprise the Affected Environment. Impacts will be identified through analysis of future conditions for each of the three land use alternatives, and will primarily be based upon LOS analysis results assuming County LOS standards. The Consultant will use WCOG Model output to generate link -based LOS results. Mitigation will consist of transportation improvement projects identified to address deficiencies, as described under the Impacts section. The mitigation section will also describe potential options under GMA for additional revenue sources, revisions to operational/concurrency standards, and/or land use balance, that could be implemented to ensure a balanced transportation plan that supports land uses proposed. 9.2.12 Public Services and Utilities Using information generated through Task 11, the Public Services and Utilities section will address both public and private services and utilities including: ■ Police Services ■ Fire and Emergency Medical Services 54 ■ Parks and Recreation ■ Schools • Water ■ Wastewater • Stormwater ■ Solid Waste ■ Power, Gas, and Telecommunication Utilities The affected environment analysis will be based on current County, city, special districts, and private utility providers' plans, and will generally describe the services provided and service areas. It will also include an analysis of current levels of service and capacity. The impact analysis will include projections for future demand based forecast growth and adopted levels of service. Mitigation measures will be programmatic in nature, and describe additional staffing, planned and proposed capital facilities, and other policies, programs, or regulations to reduce impacts on public services and utilities. 9.3 Prepare Draft EIS The Consultant will prepare a revised Draft EIS incorporating County and other agency comments authorized by the County, and will provide a "print check" for staff to ascertain that the comments have been incorporated as appropriate prior to publication as a Public Draft EIS. 9.4 Comment Period During the DEIS comment period or the Plan review comment period in Task 12.5, the Consultant will attend up to two public meetings or hearings (in coordination with Task 12.5). 9.5 Prepare Final EIS 9.5.1 Review comments received on Draft Plan/EIS At the close of the comment period, the Consultant will receive from the County all public and agency comments received on the DEIS. The Consultant will assign a comment number to each individual comment and provide a mark-up copy of the comments with comment numbers noted in the margin for County review. The consultant will also provide an electronic Adobe PDF copy of each comment with marked -up copy and associated comment number. The Consultant and County staff will participate in one working session to (1) review the draft mark-up of comments prepared above, and (2) confirm approach for response to comments. "fhe Consultant will prepare responses to comments regarding the EIS. The Consultant will prepare a preliminary comments and responses section for County review. "fhe Consultant will conduct any necessary review of documents, coordinate with County staff as needed and prepare preliminary text for County review. One round of review of the preliminary comments and responses is assumed. The Consultant level of effort is limited to the hours provided in the Phase 2 budget and any hours identified as not utilized for previous tasks. 9.5.2 Modified Alternative for FEIS To support the FEIS preparation a description of a Modified Alternative (for example a hybrid alternative) may be prepared by the Consultant. The Consultant will prepare a consistency analysis of the Modified Alternative with GMA goals for use in the FEIS. The FEIS will document how the Modified Alternative is within the range of the DEIS analysis. No new technical analysis will be prepared (except the WCOG travel demand model under Task 10.7 below). 9.5.3 Preliminary and Public Drafts of FEIS Following County review of the Preliminary Final EIS, the Consultant will meet with County staff to obtain final comments and prepare revisions as directed. The Consultant will also respond to other agency comments authorized by the County. A print -check copy of the public review "Final 55 Plan/EIS" will be provided to confirm requested changes have been made satisfactorily and, upon concurrence, the document will be printed and distributed by the County. Task 10: Transportation Model Analysis The Whatcom Council of Governments (WCOG) will supply transportation modeling services based on their current inter -local agreement with Whatcom County. The model will be based on a 2005 TransCad model that is available for use; the model horizon will be consistent with the 2031 horizon. The Consultant will develop land use assumptions by Transportation Analysis Zones (TAZ). The Consultant will use model outputs of volumes supplied by the WCOG and determine appropriate Level of Service (LOS) results for each alternative. The Consultant will prepare SEPA (Task 9) or other planning analysis using WCOG output information, and will allow the WCOG to review a preliminary draft of the written results prior to developing public review d rafts. Task 10.1 Council of Governments (WCOG) Coordination Incorporated in Phase 1 Scope. Task 10.2 Base Model - Existing Conditions The Consultant will use WCOG supplied information regarding the 2005 model results for "current conditions" and prepare a summary of base year conditions for use in the SEPA and planning process. Available planning level transportation studies or traffic counts that give context to the base year model results will be incorporated by the Consultant where relevant. Task 10.3 Transportation Analysis Zone Land Use Data For the No Action and Action alternatives, the Consultant will convert the proposed land use to household and employment units, and allocate to TAZs defined in the WCOG travel demand forecasting model. WCOG staff will input the Land Use/Socioeconomic information into the countywide travel demand forecasting model to develop traffic forecasts for each scenario. Task 10.4 No Action Alternative Analysis The WCOG will likely test the No Action Alternative first in the travel demand model. For transportation links that are part of the concurrency/LOS analysis, the WCOG will provide link volumes allowing the Consultant to prepare V/C ratios. Task 10.5 Action Alternatives Analysis The WCOG will test the Action Alternatives in the travel demand model. For transportation links that are part of the concurrency/LOS analysis, the WCOG will provide link volumes allowing the Consultant to prepare V/C ratios. Task 10.6 Sensitivity Analysis/Test Variations as Needed During the comment period in Task 9.4, the WCOG may provide assistance in selecting particular proposed improvements or in varying land use assumptions to assist decision -makers. One model run with alternative parameters is assumed. For transportation links that are part of the concurrency/LOS analysis, the WCOG will provide link volumes allowing the Consultant to prepare V/C ratios. Task 10.7 Final Alternative Analysis For inclusion in the Final EIS, the WCOG will test one additional alternative that is the result of the public comment and County direction. For transportation links that are part of the concurrency/LOS analysis, the WCOG will provide link volumes allowing the Consultant to prepare V/C ratios. Task 11: Capital Facilities Analysis The Capital Facilities Analysis will be based on the strategies identified in Task 11.2 in Phase 1. Tasks 11.4 and 11.5 present a typical approach to capital facilities plan preparation that may require review and amendment following the completion of strategies in Task 11.2. The following assumptions have been considered in the preparation of the scope below: ■ Existing available inventories of facilities will be used as a starting point. 56 ■ Capital Facilities Plan will focus on County provided facilities and facilities and services that are important to determine growth and UGA boundaries or intensification: • County provided services: Parks, Trails, and Activity Centers; Maintenance & Operations; Government Office Space; Sheriff's Office; Emergency Management/EOC; Jails; Juvenile Detention; Transportation. • Capital facility plans for public facilities owned by other entities, particularly sewer, and water, stormwater, schools, fire protection services and transit. Longer term 20-year projections and short-term 6-year projections of costs and revenues will be prepared for transportation, sewer, water, and stormwater, based on available information. Six -year information and 20-year information (where available) will be prepared for other services and facilities. 11.1 Capital Facility Plan Collection Incorporated in Phase 1 Scope. 11.2 Data Gap Review and Plan Strategy Incorporated in Phase 1 Scope. 11.3 Capital facility plan inventory The Consultant will distribute the current Capital Facility Plan inventory to County and city departments, special districts and other providers of public facilities for their review to determine that the inventories are consistent with current conditions. The Consultant will review and compile the updated inventories. 11.4 Capital facility plan draft preparation 11.4.1 Update Base Year Revenues and Forecasts of Revenues The Consultant will update the catalog of revenue sources that are legally available for capital improvements. County and other agencies that provide public facilities will be asked to update historical financial data for revenues used for capital improvements, and provide forecasts of revenues for future capital improvements. The Consultant will review and critique all revenue histories and forecasts. The Consultant will analyze the County's financial capacity and prepare forecasts of revenue sources that are legally available for capital improvements for the 6-year CFP. 11.4.2 Allocate Base Year and Projected Populations Using the TAZ analysis in Task 10.3, the Consultant will allocate 2031 No Action and Action Alternative population assumptions at the TAZ level and estimate population (roughly) for the service jurisdiction boundary of each agency that provides public facilities to the current or potential UGA study areas. If the data is feasible, the analysis may be based on household point data. 11.4.3 Update Lists of Capital Projects for Needed Public Facilities Based on Population Projections The Consultant will use the updated inventories and population to update the base year actual level of service, and analyze the need for additional capital facilities for County departments and special districts' to maintain the base year actual levels of service and compare that need to the levels of service adopted in the current County CFP. The Consultant will provide the level of service analysis to County departments, cities, and special districts to request service provider comments on the ramifications to their services due to the different alternative growth scenarios, population, level of service effects, and whether additional or modified capital improvement projects are required to support the levels of service adopted in the current CFP. The Consultant will review and consolidate service provider input regarding impacts to services and need for facilities prepared by service providers. 11.4.4 Prepare Draft Capital Facilities Financing Plan The Consultant will list all proposed capital improvement projects and summarize costs by type of public facility. The Consultant will match committed funding from restricted sources to proposed projects, and calculate any unfunded balance. The Consultant will prepare a financing 57 rp-drel PIGA plan based on forecasts of capital revenue. If financing is inadequate, County departments and special districts will be asked to balance the financing plans by increasing revenues or reducing the list of proposed capital projects and recalculating the level of service based on fewer capital projects. 11.5 Capital facility plan final preparation If a modified alternative is developed by the County (see Task 9.5.2), the Consultant will ask the agencies that provide public facilities to review the modified alternative (and associated growth numbers) and determine if modifications would be necessary to their capital plans. The Consultant will (1) finalize the financing plan for all County CFP projects, balancing costs and revenue by year; and (2) review and critique the final financing plans of each special district. The Consultant will assemble all revisions from County departments and special districts and finalize all sections 'of the CFP. Task 12 Comprehensive Plan Amendments Based on revised vision statement and land use alternatives, the population and employment growth forecasts and allocations, together with the land supply and demand methods, and the results of the UGA review will likely require consistency amendments to the Comprehensive Plan. Should this be required, the County and consultant will provide the following tasks. 12.1 GMA Countywide Planning Policy and Comprehensive Plan Analysis and Prioritization Incorporated in Phase 1 Scope. 12.2 Prepare Preliminary Countywide Planning Policy Amendments No consultant effort is required for Task 12.2. 12.3 Prepare Preliminary County Comprehensive Plan Amendments The Consultant and County staff will collaborate in preparing amendments to adopted County plans as necessary for the UGA review. Consultant efforts are expected to include preparation of findings and a proposed reconciliation process for the 2011 update. 12.4 Prepare Draft Comprehensive Plan Amendments Based on input from Task 12.3, the County will prepare amendments for public review. These will be prepared for Consultant peer review. The consultant will also revise the findings and reconciliation process documents for inclusion in the public review packet. 12.5 State Agency Review (usually 60 days) and Meetings The County will prepare the CTED checklist, and distribute notice of the amendments to State agencies charged with reviewing GMA comprehensive plans or development regulations. The Consultant will be prepared to attend two public meetings or hearings (coordinated with meetings identified in Task 9.4). 12.6 Prepare Final Comprehensive Plan Amendments Following public review, the consultant will update consultant -prepared amendments as needed. Task 13; Project Management This task includes overall project management activities including invoicing, progress reports, schedule, and overall coordination. 13.1 Progress Reports and Invoicing Each month the Consultant Project Manager will provide County staff with an activity report that highlights services provided and accomplished in the prior month, identifying services to be provided, and listing any outstanding issues to be addressed. During Phase 2, the Growth Management Hearings Board has required the County to provide progress reports on the 5t" of March and May 2009. The Consultant will provide its activity 59 reports at least one week prior to the Hearings Board required reports. The County will be responsible for providing the progress report to the Hearings Board. Billings will be provided in accordance with the contract requirements. 13.2 Schedule In consultation with County staff, the Consultant will manage and amend the Phase 1 project schedule as necessary to meet Phase 2 activities. In conjunction with the monthly activity report, the Consultant Project Manager and County staff will assess project progress and discuss actions necessary to ensure that the project remains on schedule and within budget. 13.3 Consultant and County Team Meetings and Conferences The Consultant and County will hold weekly teleconferences to ensure the Phase 2 process remains on -track. The Consultant will also attend in -person meetings up to the hours of the budget. These meetings are in addition to the individual task meetings where specified above. County Notes: Work on tasks 1-13 above shall commence concurrently consistent with the approved schedule. These tasks are not necessarily in sequential order. Priority will be given, at the direction of Whatcom County Planning and Development Services, to tasks that are needed for the 10-year UGA review. Meeting summaries do not need to be verbatim minutes, but need to accurately identify speakers and reflect discussion at the meetings. GMHB Time Extension and Additional Effort Amend - Phase 2 ment Task Contract Request Notes Task 1 Public Participation and $31,710.00 $1,620 Assumes 2 additional public meetings/hearings (assume GMCC Visioning sunsets for now). Task 2 Regional Growth $19,920.00 Alternatives Task 3 Population Projections and $6,840.00 Task 4 Economic Projections Task 5'Land Supply Methodology $14,100.00 $2,500 Assumes additional Berk support/analysis up to budgeted amount, and Task 6 Land Demand with emphasis on the land monitoring methodology. Methodology and Task 7 Land Monitoring Methodology Task 8 Fiscal Analysis $15,000.00 $3,000 Includes qualitative fiscal analysis of Preferred Alternative or EIS responses to comments (20 hours). Task 9: SEPA Environmental $82,325.00 $2,500 Assumes additional analysis/coordination due to Analysis City/COG/Special District review of Preliminary Final EIS. Does not include SETS. Task 10: Transportation Model $30,440.00 $9,300 Berk has spent more on the task to allocate growth by TAZ than Analysis originally scoped. This is due to changes in the land capacity analysis between early February and late February which caused a "redo" of the No Action estimates. The estimate of the overage is $9,300 roughly divided by $4,400 for the land capacity analysis and $4,900 for the No Action numbers, though both tasks occurred simultaneously. Task 11: Capital Facilities $72,892.50 $2,500 Additional analysis/coordination due to review of new special Analysis district and city capital facility plans and City/COG/Special District comments on the Preliminary and Draft CFP. Task 12: Countywide Planning $7,000.00 See modified scope of services. Additional work on Countywide Policy and Comprehensive Plan Planning Policies is not anticipated, and most effort will be on the Amendments Comprehensive Plan where the focus will be on writing a reconciliation process and findings. Task 13: Project Management $16,215.00 $2,800 Assumes an additional 4 hours of time per month for the extension period of 5 months. Direct Expenses $3,550.00 $330 Additional expenses/travel due to added effort (Berk). Total $299,992.50 $24,550 61 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-334 CLEARANCES Initial Date , Date Received Office Agenda Date Assigned to: Originator. 9 7/24/09 ri�n �Council f 'li !� l(� L �J v 8 2009 j+ 8/04/09 Fin/Council Division Head. t. De Head: hJTU �/1�~`�hA 1 l.r�M COUNT 1�2 Prosecutor: ' O U �'� C I L- COUNCIL Purchasin /Bud et: 7/24/09 Executive: V-Ykl-A-11 TITLE OF DOCUMENT. Bid 09-50 Demolish Eleven Buildings at Bay Horizon Park ATTACHMENTS: Memos from Finance and Parks 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 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 Parks & Recreation Department is requesting approval to award the bid and enter into a contract for the demolition of eleven buildings at Bay Horizon Park. Eleven bids were received and Parks would like to award to the low bidder, Wellman & Zuck Construction LLC in the amount of $220,640.18. This is a planned project and funds were approved in the current budget in ASR 2009-4272. 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.whatcom.wa.us/council. 62 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDesler@co.whatcom.wa.us DEWEY G. DESLER Director DATE: 24 July 2009 �Gom Co P `,y J. ��SHING'to� FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us TO: Pete Kremen, County Executive FROM: Brad Bennett, AS Finance Manger SUBJECT: Award of Bid 09-50 Demolition of Eleven Buildings at Bay Horizon Park BRAD BENNETT Manager ■ Background & Purpose Bids were advertised for the demolition of eleven buildings at Bay Horizon Park. Eleven bids were received on Wednesday July 22 and are noted below: Bid Prices for Option 2 Wellman & Zuck 203,355.00 17,285.18 $220,640.18 RW Rhine Inc 234,200.00 19,907.00 254,107.00 Interwest Construction 252,888.00 21,495.48 274,383.48 Boss Construction 271,418.00 23,070.53 294,488.53 NCR Environmental Services 308,259.00 25,277.24 333,536.24 Staton Companies 312,500.00 26,562.50 339,062.50 Western Refinery Services 341,300.00 29,010.50 370,310.50 J Harper Contractors 388,000.00 32,980.00 420,980.00 Strider Construction 404,000.00 34,340.00 438,340.00 Razz Construction 454,000.00 38,590.00 492,590.00 3 Kings Environmental 489,989.00 40,669.08 530,658.08 The Park Department is requesting approval to award the bid and to enter into a contract with the low bidder, Wellman & Zuck for a total amount of $220,640.18. ■ Funding The project had been approved in the current budget with funds in REET II, ASR 2009-.4272. I concur with this recommendation. Approved as Recommended: County Executive Date of Council Approval Administration Facilities Management Finance/Accounting Human Resources Information Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TW (360) 738-455563 WHATCOM COUNTY GOM coo MICHAEL G. McFARLANE PARKS & RECREATION 3� tii Director 3373 Mount Baker Highway ROBERT J. BUNNETT Bellingham, WA 98226-9522 0 Recreation & Senior Services Manager 9S INGLYNNE GIVLER Parks Operations Manager MEMO TO: Brad Bennett, Finance Manager FROM: Michael McFarlane, Director DATE: July 23, 2009 RE: Recommend to Accept Bid Award #09-50, Parks — Demolition of Eleven Buildings at Bay Horizon Park On Wednesday, July 22, 2009 eleven bids were received in response to Whatcom County Bid #09-50 including Addendum 1, Parks — Demolition of Eleven Buildings at Bay Horizon Park. Wellman & Zuck LLC met all of the required specifications for this work. I am recommending that the Base Bid for Option 2 (in which the demolished concrete is crushed to Parks specifications and left on site) totaling $220,640.18, which includes 8.5% Washington State Sales Tax, submitted by Wellman & Zuck LLC be accepted. Funding for this bid was approved in the current budget cycle with REET 2 funding through ASR 2009-4272, Bay Horizon- Demo Buildings and Build Pedestrian Bridges. If you need additional information, please contact me at extension 32072. Phone (360) 733-2900 County Residents (360) 592-5161 FAX (360) 676-1180 64 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-330B CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: SM 7124109 August 4, 2009 Finance Originator: C E J V E J U L 2 8 2009 Division Head: 8/4/09 Council Dept. Head: Prosecutor: 7 WHATCOM COUNTY COUNCIL Purchasing/Budg i / 7� / Q� et: ` Executive:�7-d%j TITLE OF DOCUMENT. Subrecipient Agreement between Whatcom County and the Kulshan Community Land Trust For the benefit of housing affordability in Whalcom County (through life Home Ownership Opportunities Program) ATTACHMENTS. Contract Information sheet, memorandum, and subrecipient agreement 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 must provide live 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.) KCLT approached Whatcom County last Fall requesting support for their application to CTED for a $500,000 grant for their Housing Affordability project in Whatcom County. The application was approved and Whatcom County is expecting to sign the grant contract with CTED within a couple of weeks. This contract formalizes the subgrantee arrangement between Whatcom County and KCLT. KCLT will take on the responsibilities of administering and completing this project (which project proposes the acquisition of land for 20 homes for the Home Ownership Opportunities Program.) 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.whatcom.wa.us/council. 65 WHATCOM COUNTY Executive's Office 311 Grand Avenue, Suite 108 Bellingham, WA 98225 MEMORANDUM TO: Whatcom County Council Members FROM: Dewey Desler, Deputy Administrator Pete Kremen County Executive Dewey Desler Deputy Administrator RE: Subrecipient Agreement with Kulshan Community Land Trust CDBG General Purpose Grant -for Housing Affordability Project DATE: July 24, 2009 Enclosed for your review and authorization are two (2) originals of a contract between Whatcom County and the Kulshan Community Land Trust ("KCLT"). This contract is a subrecipient agreement relating to the CDBG General Purposes Grant agreement entered into recently between Whatcom County and the Washington State Department of Community, Trade and Economic Development. ("CTED"). * Background and Purpose KCLT approached Whatcom County last Fall requesting support for their application to CTED for a $500,000 grant for their Housing Affordability project in Whatcom County. Since that time, the application was approved and more recently the County Council approved the grant contract with CTED. This contract formalizes the subgrantee arrangement between Whatcom County and KCLT. KCLT will take on the responsibilities of administering and completing this project (which project proposes the acquisition of land for 20 homes for the Home Ownership Opportunities Program.) * Funding Amount and Source This General Purposes block grant is in the amount of $500,000.00 and is administered through the Washington State Department of Community, Trade, and Economic Development. Funding will pass through to KCLT on a reimbursable basis. Please contact myself or Suzanne Mildner if you have any questions or concerns regarding the terms of either of these agreements. Encl. WHATCOM COUNTY CONTRACT Whatcom County Contract No. ATTORNEY REVIEW [submit via electronic transmittal] Originating Department: Executive First Review: OApproved As Is; Prepare Hardcopy for Signoff O Needs Revision; Attorney Comments for suggested changes: Second Review: Olmplemented Attorney Corrections as Indicated OApproved; Prepare Hardcopy for Signoff OAdditional Corrections Needed; Attorney Comments for suggested changes: Please indicate any Special Dates or clauses that require calendaring: Leave this page attached to summary coversheet until final signoff by attorney. Do not leave attached when routing to Contractor for signature. 67 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. �00'/0-7OIZ Originating Department: Executive Dewey Desler or Suzanne Mildner Contact Person: Contractor's Name: Kulshan Community Land Trust 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 If a Professional Services Agreement is more than $15, 000 or a Bid amt and any prior amendments) is more than $35, 000, please submit an Agenda Bill for Council $500, 000.00 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10 % increase in amount or more 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 Subrecipient Agreement outlining the terms for administering a CDBG General Purpose Block Grant for the purposes of acquiring 20 homes for the Home Ownership Opportunities Program in Whatcom County. This program will provide affordable homeownership to qualified local residents. Whatcom County is the recipient of the CDBG grant and Kulshan Community Land Trust is the subgrantee. Nature of Contract Amt: ( Check one) Fixed Amount Not to Exceed X Open Ended _ Term of Contract: Expiration Date: n/a Renewal Option Yes No X Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routing Steps & Signoff.• [sign or initial] [indicate date transmittedl 1. Prepared by: SM _ Date_7114109 _ [electronic] 2. Attorney reviewed: Date [electronic] 3.Finance reviewed. Date 7 /7 p [electronic] hard copy printed 4. Attorney signoff.- C Date 5. Contractor signed: ,� D,ate 7- - o 6. Submitted to Exec Office Date 7_ la9 . [summary via electronic; hardcopies] 7. Reviewed by DCA Date 8. Council approved (if necessary) Date 9. Executive signed: Date 10. Contractor Original Returned to dept; Date 11. County Original to Council Date this form may need to expand to more than one page WHATCOM COUNTY CONTRACT NO. �®vN oD9o�Di� SUBRECIPIENT AGREEMENT BETWEEN WHATCOM COUNTY AND KULSHAN COMMUNITY LAND TRUST This Agreement is made between Whatcom County (herein called the County) and Kulshan Community Land Trust (herein called Subrecipient) for the Home Ownership Opportunities Program (herein called the Project). As the Washington State Department of Commerce (Commerce) is authorized by the federal Department of Housing and Urban Development (HUD) to provide funds to units of County selected to undertake and carry out projects under the Washington State Community Development Block Grant (CDBG) Program (CFDA #14,228) in compliance with all applicable local, state, and federal Paws, regulations and policies; and As the County has applied for and received a CDBG award, contract number 09-64009-036, to fund the Project; and As it benefits the County to engage the Subrecipient to accomplish the Scope of Service and the objectives of the local CDBG project; The parties agree that: SCOPE OF SERVICES A. County Responsibilities The County is responsible for administration of the CDBG contract, and ensuring CDBG funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its CDBG contract with Commerce referenced above. The County will provide such assistance and guidance to the Subrecipient as may be required to accomplish the objectives and conditions set forth in this Agreement. B. Subrecipient Responsibilities The Subrecipient's primary responsibility is to acquire land underlying 20 homes in order to assist 20 low and moderate income (LMI) households in purchasing homes. These 20 properties will be added to the Land Trust to become permanently affordable. The Subrecipient will periodically meet with the County to review the status of this Project. Other tasks include: Project administration activities directly related to land acquisition and establishing lease activities. Page 1 of 11 69 2. TIME OF PERFORMANCE The effective date of this Agreement will be the date the parties sign and complete execution of this agreement and will be in effect for the time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. The project will be accomplished in accordance with the schedule outlined in Section C of Attachment A, Statement of Work and Budget, of Commerce contract #09-64009-036 BUDGET The County will pass through to the Subrecipient no more than $500,000 in CDBG funds for eligible incurred costs and expenses for the Project according to the following budget. Project Budget Element Budgeted Amount Land acquisition costs for 20 properties $434,000 Project Administration including staff wages & benefits, environmental 66,000 reviews, property inspection reports and appraisals. Total not to exceed $25,000 per property $500,000 The County may require a more detailed budget breakdown, and the Subrecipient will provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to this Agreement's Budget must first be determined by the County as consistent with its CDBG contract with Commerce and then approved in writing by the County and the Subrecipient. 4. PAYMENT The County will reimburse the Subrecipient in accordance with the payment procedures outlined in the CDBG Management Handbook, Financial Management Section for all allowable expenses agreed upon by the parties to complete the Scope of Service. Reimbursement under this agreement will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. It is understood that this agreement is funded in whole or in part with CDBG funds through the Washington State CDBG Program as administered by Commerce and is subject to those regulations and restrictions normally associated with federally -funded programs and any other requirements that the state may prescribe. The Subrecipient will need to maintain documentation (such as payroll of time working with banks, acquisition paperwork, lease education, etc) that clearly shows the $66,000 project administration is used for the land acquisition/establishing lease activities. CDBG funds can only Page 2 of 1 1 70 be used for those activities rather than for administering direct homeownership assistance or housing rehabilitation activities. PERFORMANCE MONITORING The County will monitor the performance of the Subrecipient by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass -through of CDBG funds, overseeing compliance with CDBG requirements, and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. 6. SPECIAL CONDITIONS The Subrecipient will undertake and complete the project in conformance with the CDBG contract number 09-64009-036 and with the CDBG General Purpose Grant Program Application submitted in November 2008, including the HomeOwnership Opportunities Program Comprehensive Management Plan included with the Application as Appendix V. Those documents are incorporated into this contract by reference herein. The Subrecipient will also undertake and complete the project in conformance with the current edition of the Community Development Block Grant Program Management Handbook available at http://www.commerce.wa.gov/site/808/default.aspx. 7. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with: • The requirements of Title 24 of the Code of Federal regulations, Part 570 (HUD regulations concerning CDBG); and • All other applicable Federal, state and local laws, regulations, and policies, governing the funds provided under this Agreement. B. CDBG National Obi ective The Subrecipient certifies the activities carried out under this Agreement meet a CDBG Program National Objective defined in 24 CFR 570.208. C. Independent Contractor Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient will at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The County will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. Page 3 of 11 71 D. Hold Harmless The Subrecipient will hold harmless, defend and indemnify the County, Commerce and the State of Washington from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. E. Workers' Compensation The Subrecipient will provide Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. F. Insurance and Bonding The Subrecipient will carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage. The Subrecipient shall carry for the duration of this Agreement commercial general liability, including contractual liability, and automobile combined single limit bodily injury and property damage coverage with a minimum limit of $1,000,000 per occurrence. In addition, the Subrecipient shall secure fidelity coverage in the amount of $100,000 or the highest of planned reimbursement for the Agreement period, whichever is lowest. A certificate of such insurance, that also identifies the County as an additional insured is required. G. Funding Source Recognition The Subrecipient will insure recognition of the roles of Commerce, the WA State CDBG program, and the County in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement will be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. H. Amendments The County or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the County's governing body. Such amendments will not invalidate this Agreement, nor relieve or release the County or Subrecipient from its obligations under this Agreement. Suspension or Termination In accordance with 24 CFR 85.43, the County may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. 3. Ineffective of improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the County of reports that are incorrect or incomplete in any material respect. Page 4 of 11 72 In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the County or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the County determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the County may terminate the award in its entirety. ADMINISTRATIVE REQUIREMENTS A. Financial Mana eg ment 1. Accounting Standards The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient will administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles will be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B. Documentation and Record Keeping Records to Be Maintained The Subrecipient will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and those records described in the CDBG Management Handbook. Such records will include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the civil rights components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; g. Labor standards records required to document compliance with the Davis Bacon Act, the provisions of the Contract Work Hours and Safety Standards Act, and all other applicable Federal, state and local laws and regulations applicable to CDBG-funded construction projects; and Page 5 of 11 73 h. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Access to Records and Retention All such records and all other records pertinent to this agreement and work undertaken under this Agreement will be retained by the Subrecipient for a period of six years after final audit of the County's CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, the County will request a longer period of record retention. 3. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement will be made available to the County, Commerce, and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning Subrecipient audits and OMB Circular A-133. C. Reporting 1. Program Income The Subrecipient will report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient will comply with the requirements set forth at 24 CFR 570.504. 2. Periodic Reports The Subrecipient, at such times and in such forms as the County may require, will furnish the County such periodic reports as it may request pertaining to the work or services undertaken pursuant to this agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this agreement. D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement will be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, 570.504, as applicable, which include but are not limited to the following: The Subrecipient will transfer to the County any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. Page 6 of 1.1 74 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 will be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after the contract between Commerce and the County is closed. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for this 10-year period of time, the Subrecipient will pay the County an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property after the CDBG program's approval. Such payment will constitute program income to the County. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten-year period. 3. In cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds will be program income. Equipment not needed by the Subrecipient for activities under this Agreement will be (a) transferred to the County for CDBG-eligible activities as approved by the CDBG program or (b) retained after compensating the County. 9. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person will, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974: No person in the United States will on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Age Discrimination Act of 1975, as Amended No person will be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) Section 504 of the Rehabilitation Act of 1973, as Amended No otherwise qualified individual will, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794) Public Law 101-336, Americans with Disabilities Act of 1990 Subject to the provisions of thislitle, no qualified individual with a disability will, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. Page 7 of 1.1 75 B. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: 1. The work to be performed under this agreement is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower -income residents of the project area; and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. 3. The Subrecipient will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and will post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Subrecipient will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR Part 135. The Subrecipient will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD and Commerce issued hereunder prior to the execution of the contract, will be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements will subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. C. Conduct 1. Assignability The Subrecipient will not assign or transfer any interest in this Agreement without the prior written consent of the County thereto; provided, however, that claims for money due or to become due to the Subrecipient from the County under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to the County and Commerce. Page 8 of 11 76 2. Conflict of Interest No member of the County's governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, will have any personal financial interest, direct or indirect, in this agreement; and the Subrecipient will take appropriate steps to assure compliance. The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which includes maintaining a written code or standards of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. The Subrecipient covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. The Subrecipient further covenants that in the performance of this Agreement, no person having such interest will be employed. 3. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions a. The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor will attach an explanation to this contract. c. The contractor further agrees by signing this contract that it will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. D. Copyright If this Agreement results in any copyrightable material or inventions, the County and/or Commerce reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. E. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization. 10. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. Page 9 of 11 77 11. PERFORMANCE WAIVER The County's failure to act with respect to a breach by the Subrecipient does riot waive its right to act with respect to subsequent or similar breaches. The failure of the County to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 12. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the County and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the County and the Subrecipient with respect to this Agreement. IN WITNESS WHEREOF, the County and the Subrecipient have executed this agreement as of the date and year last written below. FOR WHATCOM COUNTY: Fete Kremen, Whatcom County Executive Approved as to form: �% �\,\ lk -,-) , :mc ^aI Civil Deputy Prlcutor Date STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) FOR THE SUBRECIPIENT, KULSHAN COMMUNITY LAND TRUST Paul Schissler, Executive Director On this day of , 2009, 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. STATE OF WASHINGTON ) ) ss NOTARY PUBLIC in and for the State of Washington, residing at Bellingham. My commission expires: Page 10 of I I COUNTY OF WHATCOM On this day of , 2009, before me personally appeared Paul Schissler, to me known to be the Executive Director of Kulshan Community Land Trust 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 commission expires: Page 1 I of 11 79 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-335 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: K. Christensen 8/4/09 Finance Originator: 2? 0 1V� L� V E � J. Hutchings 8/4/09 Council C Division Head: J U L 2 8 2009 Dept Dept Head: H f�` ! ( � D. Gibson Prosecutor: d[ 07122/09 WHATC®M COUNTY B. Bennett Purchasing/Budget:AA64�Z COUNCIL P. Kremen Executive: TITLE OF DOCUMENT.• Contract for Services for Design Assistance of Stormwater Projects in the Lake Whatcom, and Birch Bay Watersheds ATTACHMENTS: 1. Memo 2. Contract information Sheet 3. Contract and exhibits 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 required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The Lake Whatcom and Birch Bay comprehensive stormwater plans have identified high priority capital improvement projects (CIPs) that address water quality and flooding issues. Silver Beach Creek has been identified as a top priority to reduce phosphorous, bacteria, and sediments entering the Lake Whatcom watershed. The consultant will help develop plans, specifications, and engineer estimates for bank stabilization, velocity reduction, and infiltration of stormwater in the reach of Silver Beach Creek from Brownsville Drive to E. 16' Place. In Birch Bay, the consultant will provide a more detailed review of CIPs identified in the Birch Bay Watershed Comprehensive Stormwater Management Plan and develop a revised list of projects categorized as high, medium, and low based on potential for project success, cost benefit, and timeliness. After incorporating input from the Advisory Committee and County staff, the consultant will assist with development of conceptual designs and financial estimates for 10 of the high priority projects and preliminary designs for the top 5 projects. 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.whatcom.wa.us/council WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK.M. ABART Director TO: FROM: THROUGH: RE: DATE: ;:.�' vim;,>•� .� .t J �9SHf NG110 MEMORANDUM The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Council Jon Hutchings, Ph.D., Assistant Director Kirk N. Christensen, P.E., Stormwater Manager�/f�v Frank M. Abart, Public Works Director-O-Z 2011 Young Street, Suite 201 Bellingham, WA 98225 Phone # (360) 715-7450 Fax # (360) 715-7451 www.co.whatcom.wa.us r-CFE1 JUL 2 4 2009 PETE KREv1EN COUNTY EXE:Ct T1VE Contract for Services with Land Development Engineering & Surveying Inc. for Design Assistance of Stormwater Projects in the Lake Whatcom and Birch Bay Watersheds July 15, 2009 Enclosed for your review and signature are two (2) originals of a contract for services between Whatcom County and Land Development Engineering & Surveying Inc. ■ Background and Purpose The Lake Whatcom and Birch Bay comprehensive stormwater plans have identified high priority capital improvement projects (CIPs) that would address water quality and flooding issues. The Silver Beach Creek Basin, an area experiencing significant development pressure, has seen increased stormwater runoff volumes and peak flows. Extensive bank erosion and channel incision are contributing to sediments containing phosphorous and other pollutants that eventually enter into Lake Whatcom. Projects to address these issues consist of creek channel stabilization using natural stream restoration such as woody debris matrices, log weirs, and vegetation techniques. The consultant will help develop plans, specifications, and engineer estimates for stabilization, velocity control and infiltration in the reach of Silver Beach Creek from Brownsville Drive to E. 16th Place. This project is one of the top priority capital projects in the Lake Whatcom Comprehensive Stormwater Plan. In Birch Bay, the consultant will provide a more detailed review of capital improvement projects identified in the Birch Bay Watershed Comprehensive Stormwater Management Plan and develop a revised list of projects categorized as high, medium, and low based on potential for project success, cost benefit, and timeliness. After incorporating input from the Birch Bay Watershed and Aquatic Resources Management (BBWARM) Advisory Committee and County staff, the consultant will assist with developments of conceptual designs and financial estimates for 10 of the high priority projects and preliminary designs for the top 5 projects. Land Development Engineering & Surveying Inc. is on the 2009 Roster for Engineering & Architectural Services and was chosen through a competitive selection process. ■ Funding Amount and Source Funding for the Silver Beach Creek portion will be provided through the Stormwater Fund (123201) in the amount of $81,270. The Birch Bay portion of $50,380 will be funded by stormwater fees collected through the tax roll for property owners in the BBWARM District (169250). Total contract amount is $131,650. Please contact Kirk Christensen at extension 50209 if you have any questions or concerns regarding the terms of this agreement. Enclosures WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. a009070/7 Originating Department: Public Works-Stormwater Contract Administrator: Kirk Christensen, Stormwater Manager Contractor's I Agency Name: I Land Development Engineering & Surveying, Inc. Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes _ No X If yes, grantor agency contract number(s) CFDA number Is this contractgrantfimded? Yes _ No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes X No If yes, RFP and Bid number(s) 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 $ 131, 650 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 The Lake Whatcom and Birch Bay comprehensive stormwater plans have identified high priority capital improvement projects (CIPs) that would address water quality and flooding issues. Silver Beach Creek has been identified as a top priority to reduce phosphorous, bacteria, and sediments entering the Lake Whatcom watershed. The consultant will help develop plans, specifications, and engineer estimates for bank stabilization, velocity reduction, and infiltration of stormwater in the reach of Silver Beach Creek from Brownsville Drive to E. 16' Place. In Birch Bay, the consultant will provide a more detailed review of CIPs identified in the Birch Bay Watershed Comprehensive Stormwater Management Plan and develop a revised list of projects categorized as high, medium, and low based on potential for project success, cost benefit; and timeliness. After incorporating input from the Advisory Committee and County staff, the consultant will assist with developments of conceptual designs and financial estimates for the top 10 of the high pnority ro'ects and preliminary desi ns for the top 5 projects. Term of Contract: Expiration Date: 1213112010 Contract Routing Steps & Signoff, [sign or initial7 (indicate date transmitted? 1. Prepared by: Remy Stratton Date_7113109 [electronic] 2. Attorney reviewed: Daniel L. Gibson Date_07122109 . [electronic] 3. AS Finance reviewed: bbennett Date 7120109 [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: _ 6. Attorney Signoff.• Daniel L. Gibson Date Date _ [electronic] hard copy printed 07122109 7. Contractor signed. ,r Date - ZZ-o 8. Submitted to Exec Office ,/ Date Zy 09 [summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original 13. Returned to dept, Date 14. County Original to Council Date this form may need to expand to more than one page VVhatcom County Contract No. COUNTY��NAL .-�n o 9 o7o/7 CONTRACT FOR SERVICES Design Assistance for Stormwater Projects in the Lake Whatcom and Birch Bay Watersheds Land Development Engineering & Surveying, 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. 3 to 8 , Exhibit A (Scope of Work), pp. 9 to 12 Exhibit B (Compensation), pp. 13 to 15 Exhibit C (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 5th day of August 20 09 , and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of December , 20 10 . The general purpose or objective of this Agreement is for: design assistance for stormwater projects in the Lake Whatcom and Birch Bay Watersheds 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 ONE HUNDRED THIRTY-ONE THOUSAND, SIX HUNDRED FIFTY DOLLARS ($131 650 . 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 ram. CONTRACTOR: Engineering & Surveying, Inc. Principal $TATE OF WASHINGTON ) I L ) ss. COUNTY OF I�'1! IV COM ) On this, jay of JA(4 , 20 14 before me personally appeared RAMON LLANOS, to me known to be a PRINCIPAL of LAND DEVELOPMENT ENGINEERING & SURVEYING, INC., and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. - M0 �� •'�� '' N TARY PUBLIC in an for the State f WagKington residing at My commission expires 61 c� �'' • 2 G ;c �F WAs``��. Contract for Services Agreement Page 1 WHATCOM COUNTY: Recommended or A r I ,goy Frank M bart bate PublicAorks Director A proved as to form:: Daniel L. Gibson Date Asst. Chief Civil Deputy Prosecutor 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 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. CONTRACTOR INFORMATION: LAND DEVELOPMENT ENGINEERING & SURVEYING Ramon Llanos, Principal Address: 5160 Industrial Place, PIP Bldg. #108 Ferndale, WA 98248 Contact Phone: 360.383.0620 Contact FAX: 360.383.0639 Contact Email: ramon@ldesinc.com Contract for Services Agreement NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires Page 2 GENERAL CONDITIONS Series 30-39: Provisions Related to Administration of Agreement 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: 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: 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 asset 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. Contract for Services Agreement Page 3 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." 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 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 all applicable state and federal requirements, including but not limited to those 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 ofAgreement 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/she/it 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 Contract for Services Agreement Page 4 0 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. 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. 31.1 Ownership of Items Produced: When the Contractor creates any copyrightable materials or invents any patentable property, the Contractor may copyright or patent the same, but the County retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. Contractor further agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. 31.2 Patent/Copyright 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 writing 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 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. Contract for Services Agreement Page 5 34.1 Proof of Insurance: The Contractor shall cant' 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, 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. 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, sexual orientation, 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, sexual orientation, 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, 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: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement, 36.1 Waiver of Noncompetition: Contractor irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the County, and contractor further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the County. Contract for Services Agreement Page 6 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: rhis 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: Frank M. Abart, Director Whatcom County Public Works 322 N. Commercial Street, Suite 210 Bellingham, WA 98225 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. Pro visions 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: 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 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 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. Contract for Services Agreement Page 7 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. 46.1 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 Page 8 a Exhibit "A" Scope of Work Professional Services Agreement for Design Assistance for Stormwater Projects in the Lake Whatcom and Birch Bay Watersheds The Consultant's work will be organized into two complex and interrelated efforts: • Phase 1- Silver Beach Creek Stabilization Project Design, Specifications, and Cost Estimate (Brownsville Drive to E. 161h Place). • Phase 2- Birch Bay Watershed Project Prioritization and Preliminary Designs Background Comprehensive Stormwater Plans were completed for the Lake Whatcom and Birch Bay Watersheds. These plans identified high priority Capital Improvement Projects (CIPs) that address water quality and flooding. Lake Whatcom Watershed Within the Lake Whatcom Watershed the Silver Beach Creek sub -basin has been identified as a high priority. The County seeks to develop a project along the creek to reduce velocities and prevent further erosion and degradation of the stream, and ultimately reduce sediment and phosphorus loading to Lake Whatcom. The scope of services related to the Lake Whatcom watershed includes the following deliverables and activities: • Develop plans, specifications and engineer's estimates for stabilization, velocity control, and infiltration to enhance stormwater in Silver Beach Creek from Brownsville Drive to E. 16th Place. Birch Bay Watershed As part of the Comprehensive Planning that was completed for the Birch Bay watershed, 41 CIP projects were identified and ranked. Recent review of the ranking and prioritization has suggested that the projects be re -analyzed and prioritized based on additional criteria that was not considered in the initial ranking. In addition the available funding and costs, based on preliminary design of the projects, were not considered in the original ranking completed in the comprehensive plan. The scope of services related to the Birch Bay watershed includes the following deliverables and activities: • Re-evaluate projects from the comprehensive plan with additional criteria to identify the top 10 priority projects for the basin. • Complete conceptual design including cost estimates for the top 10 projects and preliminary design for the top 5 priority projects. Phase 1 — Silver Beach Creek Velocity Control and Stabilization Project Design, Specifications, and Cost Estimate Phase 1 will utilize the data, analysis, design calculations, and recommendations from deliverables of Phase 1.1 through Phase 1.4 to develop design drawings, specifications, and a cost estimate of the proposed Silver Beach Creek Stabilization Project from Brownsville Road to E. 16th Place. This phase includes the preparation of permitted ready design documents as well as construction administration services for the Silver Beach Creek Stabilization Project. The over -arching goals for this project include reduction of localized flooding, velocity control which will reduce erosion and sediment transport, and providing increased water quality treatment as well as a County demonstration project for low impact design. The consultant shall prepare the project design, specifications, and cost estimate for approval according to Whatcom County and WSDOT standards and procedures. Phase 1-A Task 1: Data Collection and Documentation The consultant shall coordinate with the County project manager on design information and survey obtained during project development to ensure accurate transfer and agreed to format. This shall include the following items: Exhibit "A" Page 9 91 Public and agency coordination • Aerial photos • Hydraulic studies • Flood mapping • LIDAR data Available survey and GIS data • Survey data collected by County crews Phase 1-A Task 2: Site Visits The consultant shall complete site visits to visually inspect existing conditions including culverts, streams, storm drains, and stormwater ponds. This task assumes two (2) site visits. Phase 1-A Task 3: Coordination of Surveying Task with County Staff The consultant will meet with the County and assist in the process of locating the areas to be surveyed. The County will perform the survey and provide the field notes and data to the consultant. Phase 1-A Task 4: Prepare Surveying Base Map The County will prepare a base map to be used for preliminary and final design. The County will perform all plat research, deeds, and surveys necessary. The County will also be responsible to provide a record of survey. A record of survey drawing will be prepared by the County to certify and record. DNR monument destruction permit will be the responsibility of Whatcom County. Phase 1-B Hydrologic and Hydraulic Analysis The objective of this phase is to analyze and verify the hydrologic and hydraulic analysis already completed by the City of Bellingham. This element shall provide the information needed to complete the hydraulic analysis for final design, PS&E (plans, specifications, and estimates), all of which will be summarized in the Hydraulic Report. Assumption(s): • Existing hydrologic and hydraulic studies for Silver Beach Creek will be provided to the consultant. • Development of a new hydrologic or hydraulic model is not required. Phase 1-C Environmental Review The objective of this phase is to identify the environmental constraints for the different projects and permitting requirements. The County will provide information needed for the project. The information consists of wetland and stream delineation (if needed), and a constraints memorandum summarizing existing environmental conditions. The consultant will provide assistance as needed regarding the environmental constraints affecting the project. Phase 1-D Conceptual Design The objective of this phase is to understand the varied design options available and choose the most appropriate concept to develop and move forward to final design. This phase will include identification of up to three conceptual options. Options will range from traditional piped design approaches to those approaches utilizing low impact design techniques. Each option will be either hand sketched to scale over a survey background provided by others, or prepared in AutoCAD. Each option will also include a short narrative that describes the benefits of that option as well as perceived pros and cons, as well as photo images of similar built project elements. The preliminary conceptual design options will be presented and discussed with the County prior to presentation of the options by the designer at a public meeting. Detailed environmental permitting and cost information will be included in the conceptual design package as provided by the County. One final concept design will be developed that draws from preferred elements explored in the preliminary concept design options and that address questions and concerns raised by the County or in Exhibit "A" Page 10 92 public meetings. The developed final concept design will include a drawing prepared in AutoCAD as well as a narrative describing the elements of the design.. The developed final concept design will be presented at a public meeting. All work will be performed on a time and materials basis at the personnel and equipment rates shown in Exhibit B. A total not -to -exceed estimate for services has been developed to cover planning, conceptual design, and environmental review. Attendance and coordination of two (2) public meetings will be needed to provide feedback for design. Phase 1-E Final Design The objective of this phase is to select one of the conceptual design options and prepare a final plans, specifications, and estimate package including environmental permit applications. Final design will be compliant with all permit requirements. Phase 1-F Construction Phase Work generally includes construction phase engineering including submittal reviews, field questions, pay estimates, and change order requests. Phase 1-G Project Administration The objective of this phase is to provide project administration including budget and schedule management, internal quality assurance/quality control review of deliverables prior to submission, maintenance of records, and monthly invoicing. Administration will also include coordination with various County departments and design meetings with County staff and other appropriate consultants. Phase 1 Deliverables • Completed data transfer checklist. • Phone logs, e-mail documentation, all available Record of Survey and plats for the proposed project currently in -hand. • AutoCAD drawing of the conceptual design options. • Survey base map and Record of Survey map for the County to certify and record. Environmental Constraint assistance, if needed. • Final signed hydraulic report. • Stormwater Pollution Prevention Plan (SWPPP). • Silver Beach Creek Velocity Control and Stream Stabilization Plans at 50%. • Plans at 50%, and final design level. • Design level estimate at 50%. • Final bid -ready estimate. • Draft contract specifications at 50% submittal. • Contract specifications: Bid -Ready submittal. • Construction phase assistance. • Progress reports, invoices, and meetings. • Final project documents and files delivered to the County at project closure. Phase 1 Completion Date Construction scheduling is dependent upon the Lake Whatcom clearing window. The completion date is contingent on the County's review and coordination of each phase. • Phase 1-A will be completed in 2 weeks following Notice to Proceed for Phase 1. • Phase 'I-B and 1-C will be completed 4 weeks following completion of Phase 1-A. • Phase 1-D will be completed 10 weeks following completion of Phase 1-B and 1-C. • Phase 1-E will be completed 10 weeks following completion of Phase 1-D. Phase 2 —.Birch Bay Watershed Project Prioritization and Planning The objective of this phase is to evaluate the Capital Improvement Projects (CIPs) in the Birch Bay Watershed Comprehensive Stormwater Management Plan. Upon a more detailed review of individual Exhibit "A" Page 11 93 projects, the consultant will develop a revised list of projects categorized as high, medium, or low based on potential for project success, cost benefit, and timeliness. The list will be summarized in a draft report that will be provided to County staff and be presented to the Birch Bay Watershed and Aquatic Resources Management (BBWARM) Advisory Committee during a public meeting. Input from the Advisory Committee and County staff will be incorporated into the final report. Up to 10 of the high priority projects will have a conceptual design and financial estimates developed. Phase 2-A Screening and Rating Criteria The consultant shall provide the following as part of this phase: 1. Review existing ranking list; and 2. Conduct preliminary site assessments to determine feasibility of project development as proposed; and 3. Complete limited field work review, if needed, to assist with development of an updated comprehensive stormwater plan proposed project list; and 4. Using best professional judgment, incorporate any additional factors that would further distinguish positive or negative attributes of the individual projects; and 5. Develop a draft proposal which will include a revised ranking list and report that provides a general rationale for the revised ranking and includes sections providing detailed information on factors affecting the individual project's ranking, and 6. Develop and present to County staff and Advisory Committee a project list and project feasibility analysis report based on comments received from staff and Advisory Committee. Phase 2-B Birch Bay Projects Conceptual/Preliminary Design The objective of this phase is to develop engineering recommendations/conceptual design and financial estimates for the top 10 projects identified as part of Phase 2-A, and to develop preliminary design for the top 5 projects and provide accurate cost estimates. The design work will include the following tasks for each of the CIPs: • Data collection • Survey and mapping • Schematic design drawings with narrative • Conceptual mitigation/restoration design (if needed) • Cost estimate Phase 2-C Project Administration The objective of this phase is to provide project administration including budget and schedule management, internal quality assurance/quality control review of deliverables prior to submission, maintenance of records, and monthly invoicing. Administration will also include coordination with various County departments, design meetings with the owner, and other appropriate consultants. Phase 2 Deliverables • Revised ranking spreadsheet • Attendance of four (4) public meetings • Final project list and project feasibility analysis report • Progress reports, invoices, and meetings • Conceptual Design plans and cost estimate prepared in AutoCAD (10 Projects) • Preliminary design and updated cost estimate in AutoCAD (5 Projects) • Technical memorandum summarizing Birch Bay Watershed CIP preliminary designs • Final project documents and files delivered to the County at project closure Phase 2 Completion Date The completion date for Phase 2 is greatly dependent on the availability of the BBWARM Advisory Committee and input from the County. The estimated time for each phase is shown below: • Phase 2-A will be completed in 4-8 weeks following Notice to Proceed for Phase 2. • Phase 2-B will be completed 12 weeks following completion of Phase 2-A. Exhibit "A" Page 12 Exhibit "B-1" (COMPENSATION) Fee Estimate Scope of Work Description I Cost Estimate Phase 1 - Silver Beach Creek Velocity Control and Stabilization Project Design, Specifications & Cost Estimate Phase 1-A: Project Data Collection $ 13,490.00 Phase 1-B: Hydrologic and Hydraulic Analysis $ 9,750.00 Phase 1-C: Environmental Review $ 700.00 Phase 1-D: Conceptual Design $ 11,470.00 Phase 1-E: Final Design $ 27,630.00 Phase 1-F: Construction Phase $ 10,970.00 Phase 1-G: Project Administration $ 7,260.00 Subtotal Phase 1 $ 81,270.00 Phase 2 - Birch Bay Watershed Project Prioritization and Planning Phase 2-A: Screening and Rating Criteria $ 10,480.00 Phase 2-B: Birch Bay Projects Preliminary Design $ 27,800.00 Phase 2-C: Project Administration $ 12,100.00 Subtotal Phase 2 $ 50,380.00 Total Estimate for Phases 1 and 2 1 $ 131,650.00 Consultant Fee Schedule Classification Hourly Rate Principal Engineer $ 110.00 Engineer Tech. $ 85.00 W Professional Land Surveyor $ 110.00 J Survey Tech $ 85.00 2 Person Survey Crew $ 130.00 GPS Survey Crew $ 80.00 Principal Engineer $ 110.00 p Design Engineer (EIT) $ 100.00 Technical Editor $ 90.00 ,N Senior Biologist $ 100.00 z Project Biologist $ 75.00 2. `5 R 2 Principal Engineer $ 130.00 Budget Narrative Contract amounts are not to exceed in the total budget referenced above. 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 attached project budget. Other reasonable expenses incurred in the course of performing the duties herein shall be reimbursed. Mileage will be reimbursed at the current IRS rate; lodging and per diem shall not exceed the GSA rate for the location where services are provided. Other expenditures such as printing, postage, and telephone charges shall be reimbursed at actual cost plus 15%. Requests for expense reimbursement must be accompanied by copies of paid invoices. Costs of alcoholic beverages are not eligible for reimbursement. Reimbursement for air travel will be at coach rates. 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. Where professional services are provided on an hourly basis, the above rates shall apply to cover salaries, taxes, insurance, administration, general overhead, and profit. Exhibit "B" Page 13 95 Page & I Exhibit "B" Page 15 97 EXHIBIT T" Iona CERTIFICATE OF LIABILITY INSURANCE LSD 1 DATE (MWDo PRODUCER - - - - - THIS CERTIFICATE IS ISSUED -AS A MATTER, 4F.INFORMATION. ONLY'AMP CONFERS NO RIGHTS UPON THE CERTIFICATE Aalcog , xnsurance, Snc % Br. B HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENQ OR S; '$kervieov Suite 202 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. BellingYTam WA 98226 Vhoi7t:360-714-9500 Ir&X:360-255 255E INSURERS AFFORDING COVERAGE NAIG+I INsuRen usL�1ERA:. 2urioii Nort3t Anies�.ca Land Development. IWXREA.C: 5160 Indust-tsal :81> 'Suite 1OB N Lu�ERD. P6rtd*le . W#. 99240 . .. INS -REP E:. . . *COVERA69S .. .... .. . .. . ..... ... .. .. .. - ... .. THE POLICIES :OF. SEiU AKA! LISTED nROWI-KVE BEEN I,SSLEDTO THE' INSLWD W&W WYE FOF WNE POLICY PERIOD IMCASED. WOPM3 WAIPM .. .. . �AD:Y RESIUIREfu!eAR�, TERLi DR CC,NE7lTl>� OF A!]Y CONtRACT OR f71hER pOC1.P.1R�� t41TH RE^apC�'T TO N�M[ICM�TF!IS i:LiRTIFICATC M4Y pS' I5,9LM'D OR ,•,taY PI:RTRk1MVN"'l+tee 490"Ott THE paI::IE.S OE'.X Beb }il;Ri`eol 1S "ACT To ALL 1)I15 VERMS1 E,V:L!UVOfO A0 t0l.01'ri" OF SUCH . POLiC. • , ..%KGATV LE . a; %OMN.W HAVE . OEM' .E I .ED D A CLAIMS .. . . ......_.._........_____...._._.r.._..__._.___...._........._.___........_..................v._..._..,......_._...........___._............._.._ IISISR''[."......,_....r.._._.................._.__._....,�_.._....._. :P[ILTCY ECi1V6'((POLTCV"EXAQYATfpF" ... ..: LWtt5 :... . LTR ... ...TYPEOFIRWRANCS:: .... ...POLICYPOMFA . .DATE(M !>M ) DAYS MUMD". CLNERAL.oxolITY E4 it NIRENCE £ $ rQ00 DQO A X crA.,,�tl^XGEINEIP>iLLMILITY. "1013Ml�t oCc�ex.:' p, 4,2493145 00/04/09 08/04/10 &2 000 000 WED EXF(AnXa�?w7sm}:. :CID- �� :X WA : S top: Qap .... OPWRAL A60RWATE - s 4:, 0 Q.Q , DO0 : WWOL_AUGREGATO.00TN'PLIEBPER PRWIXTS-CAMPIOPAOS , ;6 C000 yOQp ROLlCY :::. LQC A . _ ,ALROIAD8ILE LIABtl:11Y . ' .. .. X aNYAury .. .. .. ..... PA842493145, DB/Q4/03 .. .. 08/04_/1D (E+I ai�llt mo : . . - . ...... . 1,000, 1, o D.D , oao . 6ODILY iNJI IRY (For pwlan) : .. . ED AUI00 . SCIlEMED ALIM .. . . . WILY 11,41mY77 :. . iPer 110400l1 ........: .. . HIRE•DAL11TiS .: : WN-OWNED AUWG° .. : : : PROP'cRTv iirmaaE : i ��.� QARAGE.l1A8M;RY : ... - . , ' FA)fOC�d.Y.•F-AACCIDENi, „¢ .:.:.:: ' :...: TiER:TiEAAG_ 07{WJ . Aln4 MY AGO: . ANY AUTO... .. S ... .. .- EXC6sSAXdBRELLALM9LLRY . ... .. . - .. .. .. E!K:1+OCE:LN3RENf£ . .. g - ... occLR -...... .. .. .. .. .. .. . .. .. .. �. ... .. .. .. .. .. ...... .. g . .. . . :::: OELMJCi16LE - .. .. ... :. .. ; :: MEW". ..... .:. ... :.. :. ... . WORKERS COMPENSATION. AND;.':.. ... WOItQ4ER3'LIADIL(I'Y .. - ANY: PRC�'RIET4f;11PARTN[tYE?(6CUi'IYC . :OFFICM6EREXCLUDED7�-'- - .. -.. .. .. ... ... .. .- ... .. .. ... .. .... TURY Lltdl , . � EP ... .. - . E L.t CFi ACCIDENT .. . $ -- ....,v-..,...,..•.._..... �..�.. E.L� D1£•EA6E •:EA EMPLOYEE .w..... .. .... . : g ' ............ SPL� CIeL'PFiOVIS)OFIu UokW ..... . - .. .... . . . ......... E.LDISEASE-POLIDYLURi ............ . ...-OTHER :..........:::.........:.. ..... ...... ................. ...... ...... :.... ...:........:..........:............ a",, rty. aedtion.: lVA8424331415. . .: ::08l:041.09:. :D8/Q�IIo MS.CRIP7=OFOPERATMS!LOCATION&•/VE10N HMESIEXCLU8SAomoyENDOR3ol rrFMEW kPRO -"....... ... .. ................ ..... ... Cetjjif�.CatIe :3{Older 0. Ad da :o Xu.ow.rea: a8 respeCt4 : tb ...... '�i�ZfOYmeA On Naitted, T(s;ured d'uziiiq :t>�+�::�1icyperiod sh+��aci. theaLr oha fb the, ' ..... . . ..... .... ... .... . .w� r .........r......r . .. ... ... .. .. ...... ..... ... .. ... ........... .. .......... ...... ... .. ... .. ......... .. . . . . ....... .. .... . . ... .. .. ... .... ... ... ...._ . rrn�w.......n.. s•. . ................. .... .. ... ........ ......... SHOULD ANY OF TMA'BM W'9CRIEED POLICIES BE CANCELLED BEFORE US EXPMUW. ...... DATE 7H6REOF,IHE:�8tIINO BI8URER WIU: ENLIEAVOR.TO:MAIC tl!AY8 YViililSN. �T. . .. Whatdibk :Coul ty: Publid - :.:. :NOTICETOTK CE' F'M' CATEHOLDER,NAM.W.' O,THEL . ...... - ..... .. . WRo6rks- stonschter:..:::: . :. .. ... .... ... .. .... . S r3t On:: :.:.: . tidPo9E ilO iisuOATIDri OR i fA9(uTV cF APtvxirio ia..... E�w9URER, )r9 AGENrs:oR . 2011 Young street 4Eol REFRESBtTkTAIEB ....... .. ...... . ... . Bellingham .MA ,98225 ... ACORD Z5 (20069).... . . ... ..... ... . A ACORQ CORPORATION 188$ Exhibit "C" Page 16 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-336 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator 7/24/09 �i DDivision 8/04/09 Fin/Council Head: J U L 2 8 2009 Dept. Head. Prosecutor: WHATCOM COUNTY & Purchasin /Bud et: J 7/24/09 �9 O ��p O Executive: 7' 9 TITLE OF DOCOMENT. Approvaf to Purchase Computer Equipment ATTACHMENTS: Memos from Finance and Information Technology 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 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.) Information Technology is requesting approval to purchase computer equipment for the Assessor/Treasurer replacement project. The vendor is IBM. The total cost for this purchase is $86,899.42. This is a planned purchase and funds were approved in the non -department budget with ASR 2009-4508. 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.whatcom.wa.us/council. 0 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDesler@Dco.whatcom.wa.us DEWEY G. DESLER Director �C.0m coo I NGC DATE: 27 July 2009 TO: Pete Kremen, County Executive FROM: Brad Bennett, AS Finance Manager SUBJECT: Approval to Purchase Computer Equipment BACKGROUND FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager Information Technology is requesting approval to purchase computer equipment including servers and storage systems for the Asses so r/Treasu re r system replacement project. They would like to use the Western States Contracting Alliance through the Washington State Contract. The vendor is IBM and the total price for this equipment is $86,899.42. FUNDING Funds for this purchase are in the current non -departmental budget, ASR 2009-4508. 1 recommend approval r ManagerAS Finance Approved as recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-455100 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, suite 108 Bellingham, WA 98225-4083 DDesler@co.whatcom.wa.us DEWEY G. DESLER Director TO: Brad Bennett Finance Manager FROM: Perry Rice IT Manager G� M CO INFORMATION TECHNOLOGY Whatcom County Courthouse 311 Grand Avenue, Suite B-06 gsk�N�,4� Bellingham, WA98225-4038 PRice@co.whatcom.wa.us PERRY L. RICE Manager CC: Steve Oliver, County Treasurer Keith Willnauer, County Assessor John Romaker, Deputy County Assessor (Project Manager) DATE: July 27, 2009 RE: Request to Purchase Computer Hardware from WSCA Contract Attached is a requisition for $86,899.42 to purchase computer equipment (servers and storage system) for the Assessor Treasurer System Replacement Project from IBM via the Western States Contracting Alliance (WSCA) contract. Funding for this equipment was approved in ASR 2009-4508. It is critical to have this equipment in place by September 2009 in order to meet the schedule to replace the 26-year old Assessor Treasurer System by the end of 2009. Administration Facilities Management Finance/Accounting Human Resources Information Technology County Residents (360)676-6717 (360)676-6746 (360)676-6734 (360)676-6802 (360)676-7684 (360)398-1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-4555 101 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-304A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: CB I l L7� J nED11 E C n u l� (J U J U LI 1 4 2009 �d/JAI COM COUNTY N 1C i 7 6 1 �l..f� U N C I- I 7121109 Council Introduction Division Head: JPR 0JLu >'/k fJog 1 07. 09 8/4/09 Council Hearing Dept. Head: FMA / Prosecutor: DG c7/0 0rt' Purchasing/Budget: BB Executive: PK J- / / 7 O TITLE OFDOCU NT: O dinance authorizing placement of temporary stop signs on Abbott and Van Dyk Roads at the intersection of Thiel Road and implementation of temporary road weight restrictions on portions of Abbott, Thiel, and Van Dyk Roads. ATTACHMENTS. 1. Memo to County Executive and Council 2. Ordinance 3. Vicinity map SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) 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.) This ordinance authorizes the installation of temporary stop signs and imposes a temporary weight limit along the detour route for the Hannegan Road Scott Ditch Bridge No. 245 Replacement Project (CRP 908014). These temporary measures are necessary to enhance safety and to prevent road damage along Abbott, Thiel, and Van Dyk Roads. COMMITTEE ACTION. • COUNCIL ACTION. 7/21/2009: Introduced 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.whatcom.wa.us/council. 102 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM JOSEPH P. RUTAN, P.E. Assistant Director/County Engineer 2011 Young St., Suite 201 Bellingham, WA 98225-4052 Phone: (360) 71S-74SO Fax: (360) 71S-74SI To: The Honorable Pete Kremen, Whatcom County Executive and The Honorable Members of the Whatcom County Council Through: Frank M. Abart, Director 46rz1-?16f J,E From: Joseph P. Rutan, P.E., Assistant Director/Co un ngineer ��k P-rA I Chris C. Brueske, P.E., Engineering Manag Date: July 6, 2009 Re: Hannegan Road Scott Ditch Bridge No. 245 Replacement (CRP 908014) Ordinance for Temporary Stop Signs and Weight Restrictions on Detour Route Enclosed for your review and signature are two (2) originals each of the ordinance and vicinity map regarding the placement of temporary stop signs on and implementation of a temporary weight restriction along the detour route for the Hannegan Road Scott Ditch Bridge No. 245 Replacement Project (CRP 968014). - Requested Action Public Works respectfully requests that the County Council and Executive execute the enclosed ordinance. Background and Purpose Whatcom County has received federal funds through the American Recovery and Reinvestment Act (ARRA) of 2009 for the replacement of the Hannegan Road Scott Ditch Bridge No. 245. Construction is expected to begin in late August 2009 and will require a complete closure of the Hannegan Road for approximately ten (10) weeks. A detour route will be maintained along Abbott, Thiel, and Van Dyk Roads (vicinity map attached). In order to enhance safety and prevent road damage along the detour route, Public Works proposes in the attached ordinance to install temporary stop signs and a temporary weight restriction along the detour route. The weight limit is intended to direct large trucks to alternate routes between Lynden and Bellingham to prevent damage to the chip seal roads on the detour route. We have informed the Washington State Department of Transpiration (WSDOT) of this planned weight limit, as the most likely alternate route for trucks is SR 539, the Guide Meridian. The ordinance will expire and these temporary measures will be removed at the conclusion of the project (approximately October 30, 2009). Funding Amount and Source The bridge replacement project is funded by a combination of federal ARRA funds and local funds. Please contact Chris Brueske at extension 50617if you have any questions or concerns regarding this ordinance. 103 2 SPONSORED BY: PROPOSED BY: Public Works - Engineering El 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 57 INTRODUCTION DATE: ORDINANCE NO. AUTHORIZING PLACEMENT OF TEMPORARY STOP SIGNS ON ABBOTT AND VAN DYK ROADS AT THE INTERSECTION OF THIEL ROAD AND IMPLEMENTATION OF TEMPORARY ROAD WEIGHT RESTRICTIONS ON PORTIONS OF ABBOTT, THIEL, AND VAN DYK ROADS. WHEREAS, as authorized by RCW 46.61.200 and 47.36.110, it is found necessary and expedient to install traffic control signs on certain County Roads; and WHEREAS, due to construction of the Hannegan Road Scott Ditch Bridge No. 245 Replacement (CRP 908014), traffic from Hannegan Road will be diverted onto a detour along Abbott, Thiel, and Van Dyk Roads, and it was determined that stop control is needed on Abbott and Van Dyk Roads at their intersections with Thiel Road, to make a 4-way stop at both intersections for the duration of the detour; and WHEREAS, as authorized by RCW 46.44.080, concern over roadway damage along said detour route warrants a weight restriction on the detour route, and the Washington State Department of Transportation has been notified of said planned weight limit due to potential traffic impacts to State Route 539; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that temporary stop signs be installed on westbound and eastbound Abbott Road at Thiel Road and on westbound and eastbound Van Dyk Road at Thiel Road, Sections 27/28, Township 40 North, Range 3 East, W.M.; and BE IT FURTHER ORDAINED by the Whatcom County Council that Abbott Road between Hannegan and Thiel Roads, Thiel Road between Abbott and Van Dyk Roads, and Van Dyk Road between Thiel and Hannegan Roads be signed to limit vehicle weight to 15 Tons, excepting school buses, garbage collection trucks, and local deliveries to addresses along the detour route; and BE IT FURTHER ORDAINED that when the replacement of Hannegan Road Scott Ditch Bridge No. 245 is completed, this ordinance will expire and the temporary stop signs and weight restriction will be removed; and BE IT FURTHER ORDAINED that the County Engineer is hereby directed to install the appropriate signs prior to commencement of the Hannegan Road Scott Ditch Bridge No. 245 Replacement, and that the Whatcom County Sheriff be notified by providing him a copy of this ordinance. ADOPTED this day of , 2009. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Seth Fleetwood, Council Chair APPROVED AS TO FORM: r l , Asst. Chief Civil Deputy Prosecutor Date ( ) Approved () Denied Pete Kremen, Executive Date 104 E. 4 LYNDEN Pop. 10,912 3 9RADLEY RD KAMM RD K MAR pp op r Id ST MAM GN RD V mOMP � ggg� RD. KDK TEMPORD CR R RY {2� m 15 TON DE UR RO E WEIGHT LIMIT eµ j R T TEMPORARY O STOP SIGNS Scan P° G—Awl, AD TEMPORARY ITCH BRIDGE N 245 _ 15 TON ER EPLACEMENT PROJECT WEIGHT LIMIT � DrK LANE RD. R0. TEMPORARY LAKE �,sca - AN DYK RDTEMPORARY Wiser Lake 15 TON Foun Laketoin C. BARDFTT RD WEIGHT LIMT III —IRK RD e� Gee 4 M URD RD Gee Lake Q E o° cPP� AL RD ABBOTT RD/THIEL RD/VAN DYK RD VICINITY N TS WORD WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-286A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: RM 717109 „ I�I�� V�� u �L LC � 7/21/09 Introduction Division Head: J U L 14 2009 �S! FiATCOM COUN-+ COUNCIL 8/4/09 Hearing Dept. Head. j�j �- Prosecutor. Purchasing/Budget: Executive: TITLE OF DO UME T: Amendment of Title 20 (WCC 20.34) Rural Residential Island ATTACHMENTS: • Draft Ordinance •Pronosed amendment to WCC 20.34 SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: 8104109 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.) Ordinance to amend Title 20; WCC 20.34 Rural Residential Island. The amendments will reduce the density and make other changes to the RRI zone for Lummi Island. COMMITTEEACTION. COUNCIL ACTION: 7/21/2009: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PDS File # CMP 2008-00009 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. 106 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES 322 North Commercial Suite 110 Bellingham, WA 98226 MEMORANDUM To: Pete Kremen, Whatcom County Executive Through: David Stalheim,-11-71 Director, Planning a d Development From: Roland Middleton, LEG, Special Projects Manager Date: July 7, 2009 RE: Proposed Ordinances for Lummi Island David Stalheim Director Roland Middleton, LEG, AICP SpedR`ELE I V E D JUL 10 2009 PETE KREMEN COUNTY EXECUTIVE Please find attached the proposed ordinances for amendments to the Lummi Island zoning and critical areas. The first is an amendment to change the allowable density on Lummi Island from one unit per three acres to one unit per five acres. The proposed change is in response to GMA compliance and is a recommendation from the subarea plan. In addition, the ordinance reflects the Council's changes to the "Reserve Tract" section of the code. The second is an amendment to change the Critical Areas Ordinance to include the proposed methodology from the groundwater study completed by Aspect Consulting. The amendment will add protective measures for the Lummi Island aquifer system. The proposed change is a recommendation from the subarea plan. Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2493 107 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE # AMEND WHATCOM COUNTY ZONING CODE TITLE 20 WCC 20.34 RURAL RESIDENTIAL ISLAND WHEREAS, the Lummi Island Subarea Plan was adopted on May 12, 2009; and WHEREAS, the Lummi Island Subarea Plan is a part of the Whatcom County Comprehensive Plan; and WHEREAS, the Lummi Island Subarea Plan Goal 1.1 states: Amend the RR -I District zoning regulations and other regulations, as applicable, to establish one unit per five acres as the maximum density throughout the RR -I zone; and WHEREAS, the Lummi Island Subarea Plan Goal 1.3 states: Amend the RR -I District zoning regulations (WCC 20.34.251-253) to eliminate provisions of the code authorizing different density provisions within and outside of groundwater aquifer recharge areas, including elimination of the density transfer provisions contained in WCC 20.34.251 (3) and WCC 20.34.330; and WHEREAS, the Lummi Island Subarea Plan Goal 3.1 states: Amend the RR -I District zoning regulations (WCC 20.34), and other regulations as applicable, to incorporate the following clustering and open space design provisions on Lummi Island: 3.1 a Retain at least 60% of the site as permanent open space either in common or single ownership. Amend the "reserve tract" provisions of WCC 20.34.310-320 to state that "a reserve tract must be created for perpetuity and be unbuildable beyond any building density remaining at the time of land division This is intended to ensure that the reserve tract open space will remain in the same location adjacent to the clustered lot is serves for perpetuity. " WHEREAS, Legal notice of the Planning Commission hearing was published in the Bellingham Herald; and WHEREAS, The Planning Commission held a public hearing on the proposal; and WHEREAS, The County Council has considered the Planning Commission's recommendations. P. 1 m The Council makes the following findings of fact and conclusions: FINDINGS OF FACT 1. Pursuant to RCW 36.70.590 legal notice for a public hearing was published in the Bellingham Herald on October 12, 2008. 2. A new Determination of Non -Significance was issued under the State Environmental Policy Act (SEPA) on September 19, 2008. Comments were received from Darlyn DelBoca and David K. Ernst. The comments were reviewed by the Deputy SEPA Official. The comments did not change the Determination of Nonsignificance. 3. Most of the north island remains rural with a settlement pattern of one unit per three or five acres; however, there are some areas that have already developed at suburban rather than rural character. These include higher density developments approved prior to the advent of the Growth Management Act such as the Beach Club Condominiums, Scenic Estates, Lane Spit, and Isle Aire. In other areas shorelines have been densely developed on old small non -conforming lots —often less than an acre. 4. Both the Lummi Island Planning Survey and the small group discussions of alternative growth management strategies indicated support for increased protection of unique components of the built and natural environment that constitute the island's rural character, including open fields and woods, hedgerows, farm buildings and old homesteads, open vistas, groundwater recharge areas and environmentally sensitive areas and undeveloped shorelines. Clustering was supported by a majority of respondents on the Planning Survey —most notably "if the reserve tract is legally guaranteed never to be developed". 5. The adoption of the revised zone text for the Rural Residential Island zoning district, will reduce the density on most of the unplatted RRI zoned land to one dwelling unit per 5 acres. 6. The Planning Commission held a public hearing on October 23, 2008. The Planning Commission approved the staff recommendation with amendments. Amendments included portions of the draft Subarea Plan, maintaining the clustering language for RRI, and changes to the proposed WCC 16.16 to include an exempt well provision and notification to surrounding property owners of the pumping test. CONCLUSIONS 1. The subject amendments are consistent with the approval criteria of WCC 20.10.080 and serve the public interest. The amendments will not create an undue burden under section 1.11 of the County Charter. P. 2 109 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: The Whatcom County Zoning Code Title 20 shall be amended as proposed in Exhibit A. ADOPTED this day of , 2009 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED as to form: Civi Dep& Prosecutor P. 3 Seth Fleetwood, Chairperson O Approved O Denied Pete Kremen, Executive Date: 110 Exhibit A Title 20 Amendments 20.34.250 Maximum density, minimum lot size and width. 20.34.251 Minimum lot size and maximum densitv. Maximum density shall not exceed one dwelling unit per five acres. %in,-aj to the method Of SIOX,Z�ivAoia,-w - Orp xf 1 I ■ GFOURd WateF ReGhaFgeAFeas.Within • the deRS*tY - 1 the be , outside may - - be attamnable on GeFtawR Gases. 10 - 1 • • • - Page 1 of 5 111 Exhibit A 20.34.252 Maximum density and minimum lot size. Minimum Lot District Gross Size Min. Reserve Area Density Conventional (Cluster Subdivisions) Cluster DD I: euFcirie renhaFge areas dwelling UROV3 acres* RR -I: w6then 1 dwelling 5 acres ** 6&60% renhaFge areas unit/5 acres* * CVnept when density +rangy e'1 r 20 261 � � S-ti$ctr-&S-Pf6WE�ied-IfWG�cv crrony--cra,-r�f$FI :-c�4zv-r��T ** The lot size that satisfies the Kellam-Whatcom County health department requirement for water and sewage services. 20.34.253 Minimum lot width and depth. Width at Street Line Conventional Cluster Width at Bldg. Line Minimum Mean Depth District QD I• outside renhnrne areas 'nn 79 sewer OF wate-F RR -I: within renherne ereec 300' 701 80' 100- (Ord. 86-29, 1986; Ord. 84-38, 1984; Ord. 82-58, 1982). 20.34.305 Lot clustering. (1) The purpose of lot clustering is to preserve the rural character of Lummi Island and to provide an alternative method of creating economical building lots with spatially efficient sizes. Clustering is intended to reduce development cost, increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry, open space or possible future development in accordance with the adopted zoning density requirements, as applied to the entire subdivision or short subdivision. (2) The clustering option is also intended to help preserve open space and reduce total impervious surface area thereby reducing runoff while assuring continued viable undeveloped natural vegetated corridors for wildlife habitat, protection of watersheds, preservation of wetlands, preservation of aesthetic values including view corridors, and preservation of potential trail and recreation areas. (Ord. 99-069, 1999; Ord. 90-45, 1990). 20.34.310 Design standards. The creation of new building lots, pursuant to this section, shall be governed by the following recommended design standards: Page 2 of 5 112 Exhibit A (1) Clustered building lots may be only created through the subdivision or short subdivision process. (2) Building lots should be designed and located to the fullest extent possible to . be compatible with valuable or unique natural features, as well as physical constraints of the site. (3) Where practical, the majority of building sites should be arranged in a cluster or concentrated pattern to be compatible with physical site features, allow for the efficient conversion of the "reserve tract" to other uses in the future, and have no more than two common encroachments on existing county roads. The arrangement of clustered building lots is intended to discourage development forms commonly known as linear, straight-line or highway strip patterns. (4) Common access to clustered building lots should be provided by short length roads or loop roads. In addition, interior streets shall be designed to allow access to the "reserve tract" for the purpose of -Future approved development. (Ord. 90- 45, 1990). 20.34.320 Reseive Conservation tract. For the purposes of this section, "resewe conservation tract" is defined as that portion of a proposed subdivision or short subdivision which is intended for agricultural, forestry, open space or future development purposes which does not exceed adopted zoning density requirements, as applied to the entire subdivision or short subdivision. All "resewe conservation tracts" created through the subdivision process shall be subject to the following provisions: (1) After a site is initially subdivided pursuant to this section, the "resewe conservation tract" may be retained by the subdivider, conveyed to residents of the subdivision or conveyed to a third party. (2) The we conservation tract" may be considered as a building lot; provided, that such lot is included in the overall density calculation of the original parcel of record. (3) The f°rec ewe +rangy" mw he further subdivided Only thFO gh the Inns c u bdiVO inn nrnness and only under the fAIIOWing &G Fnatannec OR Oil I ffirzi, .� Page 3 of 5 113 Exhibit A ... WIN MM (3) The conservation tract is created for perpetuity and is unbuildable beyond any building density remaining at the time of land division. This is intended to ensure that the conservation tract open space will remain in the same location adjacent to the clustered lot it serves for perpetuity. (4) The purpose of the resepve conservation tract as stated in WCC 20.34.320(1), (2), and (3) shall be communicated in writing on the face of the plat or short plat; also, the number of developable building sites remaining (if any) with the original parcel of record, based on the assigned density, shall also be prominently displayed on the plat or short plat. Whatcom County shall make every effort to assist all agents in communicating clearly such information to all purchasers and prospective purchasers of building lots or "revue conservation tracts." (5) That the above stated requirements WCC 20.34.320(2), (3), and (4) shall be recorded as a deed restriction at the time of filing of the final plat or short plat, and shall constitute an agreement between Whatcom County and the owner of record. Said deed restriction may be amended by mutual agreement between said parties after review for consistency and compliance with the official Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Comprehensive Plan. (Ord. 99-069, 1999; Ord. 98-083 Exh. A § 35, 1998; Ord. 90-45, 1990). . ■- Page 4 of 5 114 Exhibit A Page 5 of 5 115 WHATCOM COUNTY COUNCIL AGENDA BILL NO.. 2009-285A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Introduction Originator: RM 717109 �G�� [ED 7121109 Division Head: J U L 14 2009 WHATC0M COUNTY COUNCIL 8/4/09 Hearing Dept. Head. Q'� Prosecutor: -7-7 ° a Purchasing/Budget: Executive: % / 69 /Addition TITLE OFD UME T. to Title 16 (WCC 16.16.)Whatcom County Critical Areas Ordinance ATTACHMENTS. • Draft Ordinance •Proposed addition of WCC 16,16,540: Are , within the Rural Residential District orLummi Island SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: 8104109 SUMAIAR 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.) Ordinance to amend Title 16; WCC 16.16: Areas within the Rural Residential District of Lummi Island. The amendments add a new section (WCC 16.16.540) to the Whatcom County Critical Areas Ordinance regulating new wells on Northern Lummi Island. COMMITTEEACTION. COUNCIL ACTION. 8/4/2009: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PDS File # CMP 2008-00009 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 116 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES 322 North Commercial Suite 110 Bellingham, WA 98226 �ShING�� MEMORANDUM To: Pete Kremen, Whatcom County Executive Through: David Stalheim, Director, Planning a d Development From: Roland Middleton, LEG, Special Projects Manager Date: July 7, 2009 RE: Proposed Ordinances for Lummi Island David Stalheim Director Roland Middleton, LEG, AICP Spec R1EV S CE-NED JUL 10 2009 PETE KREMEN COUNTY EXECUTIVE Please find attached the proposed ordinances for amendments to the Lummi Island zoning and critical areas. The first is an amendment to change the allowable density on Lummi Island from one unit per three acres to one unit per five acres. The proposed change is in response to GMA compliance and is a recommendation from the subarea plan. In addition, the ordinance reflects the Council's changes to the "Reserve Tract" section of the code. The second is an amendment to change the Critical Areas Ordinance to include the proposed methodology from the groundwater study completed by Aspect Consulting. The amendment will add protective measures for the Lummi Island aquifer system. The. proposed change is a recommendation from the subarea plan. Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2493 117 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: A:1I .►AMA AMEND THE CRITICAL AREAS ORDINANCE TO ADD GROUNDWATER PROTECTION MEASURES FOR NORTHERN LUMMI ISLAND WHEREAS, the Lummi Island Subarea Plan was adopted on May 12, 2009; and WHEREAS, the Lummi Island Subarea Plan is a part of the Whatcom County Comprehensive Plan; and WHEREAS, the aquifer system on Northern Lummi Island was identified as a critical resource for the residents of Lummi Island; and WHEREAS, Whatcom County hired Aspect Consulting to perform a Hydrogeologic Investigation of the aquifer system on Northern Lummi Island; and WHEREAS, Aspect Consulting provided a proposed methodology for the protection of the aquifer system of Northern Lummi Island; and WHEREAS, the Lummi Island Subarea Plan Goal 2.6 states: Amend the Whatcom County Critical Areas Ordinance to implement the recommendations of the December 31, 2006 Aspect Consulting: Conceptual Methodology for Evaluating Groundwater Withdrawal Proposals on North Lummi Island; and WHEREAS, Legal notice of the Planning Commission hearing was published in the Bellingham Herald; and WHEREAS, The Planning Commission held a public hearing on the proposal; and WHEREAS, The County Council has considered the Planning Commission's recommendations. The Council makes the following findings of fact and conclusions: FINDINGS OF FACT Increased rates of dry wells, arsenic contamination and chloride levels have been documented by the Whatcom County Environmental Health Department (P. Chudek, personal communication, August 2003). 2. Arsenic is a primary contaminant based on its acute or chronic health effects. It enters the P. 1 118 water through natural erosion of rocks and soil that contain arsenic. Swallowing relatively large amounts can cause mild symptoms, serious illness, or in extreme cases, death. Long term exposure to small amounts increase the risk of developing cancer of the bladder, lung, skin, liver, kidney, or prostate. Chloride is a secondary contaminant based on factors other than health effects such as taste and odor. It can enter fresh water aquifers through sea water intrusion caused from over pumping in certain geographical areas rendering potable water non potable. 3. Changing conditions have created a threat to public health and/or safety. 4. On May 12, 2004 the Deputy SEPA Official withdraws the DNS for the Lummi Island Subarea plan based on the requirement for new information on groundwater protection. 5. On October 26, 2005 Aspect Consulting began the Groundwater Study. 6. On December 31, 2006 Aspect Consulting completed the Groundwater Investigation and proposed a methodology for aquifer protection. 7. The December 31, 2006 Conceptual Methodology for Evaluating Groundwater Withdrawal Proposals on North Lummi Island by Aspect Consulting provides a methodology for protection of the aquifer system. 8. Pursuant to RCW 36.70.590 legal notice for a public hearing was published in the Bellingham Herald on October 12, 2008. 9. A new Determination of Non -Significance was issued under the State Environmental Policy Act (SEPA) on September 19, 2008. 10. The Planning Commission held a public hearing on October 23, 2008. The Planning Commission approved the staff recommendation with amendments. Amendments included portions of the draft Subarea Plan, maintaining the clustering language for RRI, and changes to the proposed WCC 16.16 to include an exempt well provision and notification to surrounding property owners of the pumping test. CONCLUSIONS The subject amendment addresses the need for protection of the Northern Lummi Island aquifer system. 2. The subject amendments are consistent with the approval criteria of WCC 20.10.080 and serve the public interest. The amendments will not create an undue burden under section 1.11 of the County Charter. 3. Because changing conditions have created a threat to public health and/or safety, and because this ordinance will reasonably address that threat, this ordinance shall apply to all lots of record existing or created before, on, or after its effective date. P. 2 119 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: The Critical Areas Ordinance shall be amended as proposed in Exhibit A. ADOPTED this day of , 2009 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED as to form: P. 3 Seth Fleetwood, Chairperson () Approved () Denied Pete Kremen, Executive Date: 120 Exhibit A Title 16.16 additions 16.16.540 Areas within the Rural Residential District of Lummi Island 16.16.541 Exempt Wells Wells drilled as a replacement of an existing well are exempt from this chapter as long as the withdrawal rate is not increased by more than 20 percent of the existing well. If baseline withdrawal rate information is not available, this must be established by a licensed well driller prior to well replacement. 16.16.542 Minimum Well Spacing for all new wells Wells shall have a minimum of 200 feet distance between a new well and an existing operating well. 16.16.543 In addition to the minimum well spacing, the following measures are required for Public Water System Wells, Non Group B Two Party wells, and non -domestic wells Includes "public water system" wells and Non Group B Two Party wells as defined under Whatcom County Drinking Water Regulations and non -domestic use wells pumping greater than 250 gpd. Public water system is defined under Whatcom County. Chapter 24.11 as any water system providing piped water for consumption, excluding a system serving only one single-family residence and any system with four or fewer connections serving only residences on the same farm. A Non Group B Two Party well is defined in Chapter 24.11 as a water system utilizing one well to serve two single family residences for which the Director of Health has waived all public water system requirements. (1) Chloride Monitoring and Testing (a) Monitoring: Well owners shall collect and have water samples analyzed for chloride concentration twice annually, in April and August and submitted to the Whatcom County Health Department. (b) Chloride Determinations for New Wells or Increased Pumping of Existing Wells: Applications for new wells, applications to convert an existing private well into a Two Party well, any application to expand the number of connections of a public water system, and non - domestic use wells proposing greater than 20 percent increase in groundwater withdrawals in an existing well require a minimum 24- hour-duration pumping test at 100 percent of the proposed average daily demand, at the end of which a water sample will be collected for analysis of chloride concentration. Subdivisions using individual wells are required to test wells simultaneously, or alternatively have a licensed hydrogeologist evaluate well interference and water quality changes. Subdivision wells shall remain accessible for future testing in the event of subdivision expansion. (c) Restrictions on New Wells or Increased Pumping of Existing Wells: New wells cannot be permitted, existing private wells cannot be converted to Two Party wells, existing public water systems cannot expand beyond their existing number of approved connections, and non -domestic wells cannot increase pumping rates greater than 20 percent if chloride concentrations measured at the end of the test specified in (b) above are greater than 100 mg/L. For systems Page 1 of 3 121 IMM1111:1fil 1 expanding 20 percent or less within one year, the highest chloride determination within the past year in (a) above cannot be greater than 100 mg/L. (d) Limit on Water Use by Existing Wells: Any increase (0-20 percent) in water use will not be permitted if either semi-annual analysis in the previous 12-month period indicates greater than 100 mg/L chloride concentration. If the semi-annual chloride determinations have not been submitted as required, then the pump testing requirement of (b) above shall apply. (e) Prior to 10 days before the pumping test all property owners within 1000 feet of the well location shall be notified by first class mail informing them of the test and providing contact information of the person responsible for the testing. (2) Arsenic Monitoring and Testing in the unconsolidated aquifer (a) The following monitoring and testing is required unless the well is determined not to be located in the unconsolidated sandstone aquifer. A Washington State licensed Hydrogeologist must make the determination in a submitted report. (b) Arsenic Determinations for New Wells or Increased Pumping of Existing Wells: Applications for new wells, applications to convert an existing private well into a Two Party well, any application to expand the number of connections of a public water system, and non - domestic use wells proposing a greater than 20 percent increase in groundwater withdrawals in an existing well require a minimum 24- hour-duration pumping test at 100 percent of the proposed average daily demand, at the end of which a water sample will be collected for analysis of arsenic concentration. (c) Restrictions on New Wells or Increased Pumping of Existing Wells: New wells cannot be permitted, existing private wells cannot be converted to Two Party wells, existing public water systems cannot expand beyond their existing number of approved connections, and non -domestic wells cannot increase pumping rates greater than 20 percent if arsenic concentrations measured at the end of the test specified in (b) above are greater than 10 pg/L. (d) Limit on Water Use by Existing Wells: Any increase (0-20 percent) in water use will not be permitted if the most recent arsenic determination indicated greater than 10 pg/L arsenic concentration. If no arsenic concentration has been determined in the past 3 years, the pumping test requirement in (b) above shall apply. (e) Prior to 10 days before the pumping test all property owners within 1000 feet of the well location shall be notified by first class mail informing them of the test and providing contact information of the person responsible for the testing. 16.16.544 Administrative Waiver Administrative waivers may be granted to any section of these requirements by petition to the administering agency. Waiver request must demonstrate that the Page 2 of 3 122 Exhibit A project is consistent with the intent of these requirements; no health hazard would result from this action, and must be stamped by a licensed Washington state hydrogeologist. Page 3 of 3 123 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-337 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: sm 7124109 fn) IF n I t� � n D I I� - l� `� August 4, 2009 Council Division Head: Dept. Head: Prosecutor: WHATOOM COUNTY C O o i N( 0 L Purchasing/Budget: Executive: TITLE OFDOC ENT: Rural Library Board appointment 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: 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 requests confirmation of his appointment of Judith Phillips to the Whatcom County Rural Library Board. 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 County's website at: www.co.whatcom.wa.us/council. 124 PETE KREMEN County Executive COUNCILMEMBERS: CEI�/ QED Barbara E. Brenner ® Laurie Caskey-Schreiber Sam Crawford NOV 7 _ 2008 Seth M. Fleetwood Robert Kelly L. Ward Nelson pETE KREMEN Carl Weimer COUNTY EXECUTIVE APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: 300rc/( �I'LiJC� Which position on this board are you applying for (if applicable)? 010. Which Council district do you reside in? ( ) One Two ( ) Three Are you a US citizen? yes ( ) no Are you a registered voter? yes ( ) no Name: Date: 1 0 M Street Address: i 13�, L G0C0dX- LaiDf City: L \.10 d c4 Zip Code: N,26LI Mailing Address (if different from street address): WV'0r Day Telephone:(2(0 39,E ��1�`�3 C�� Evening Telephone: Fax Number: (YO 31 f� E-mail address: Occupation (If retired, please indicate forl�er occupation i' viCC Professional/Community Activities: Qualifications related to position: 5arnc Svcs /0N; �c. j ryinaagerriaq , l- by you are4nteres ed in serving on this board or commission: r�fr)Q►rJC,• a wf)yr;hu�ar L� I� k tn, iirl C eW Do 'you or your spouse have a financial ihterest i0- 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): hP,coi17 l�cr��E; oVJ-L411c)('6 1"11� rarLd (3&0 35Y-q�, lh� �� Li��fe� l�c� i'nichXj &00 James CQ7�eC�rcc�(aoh�3�a-�o�� Signature of applicant As a candidate to a1hublic board or commission, the above information will be available to t e County Council, County Executive, and the public. 125