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Packet Oct 27 2009
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 — 343 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 7/30/2009 9/29/2009 Natural Resources Division Head: 10/27/2009 Public Works Dept. Head: Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT. Update on New Park - South Fork of the Nooksack River 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.) Update on New Park - South Fork of the Nooksack River COMMITTEEACTION. COUNCIL ACTION: 9/29/2009: Update presented. Many in the community have concerns Related County Contract #: Related File Numbers: Ordinance or Resolution 'Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the Coun 's website at. www.co.whatcomwa.usleouncil. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-406 CLEARANCES Lniijal Pate Date Received in Council Office Agenda Date Assigned to: Originator: ((v h jj © I� D v 10127109 PW/Council Division Head. - OCT 2 0 2009 WHATCOM COUNTY COUNCIL Dept. Head. to b y (o-( Prosecutor: l�%e�/ �� Purchas:ng/Budg Executive: ! L tG�'�Q-t0 F TITLE 6FDOCUMENT. A Re olution in the Matter of Considering Vacating a Portion of Portal Way ATTACHMENTS. 1. Cover Memo 2. Resolution 3. Neighboring Land Owner's Petition 4. Map of Site 5. Comparative Market Analysis SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The attached Resolution in the Matter of Considering Vacating a Portion of Portal Way is submittedper RCW 58.17 & 36.87 and WCC 12-20. Adoption of this resolution will trigger the County Engineer to report on the proposed vacation at a future Council meeting. Once the County Engineer's report is submitted the actual road vacation will be considered by Council under a separate resolution and a public hearing will need to be scheduled. 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. 2 WHATCOM COUNTY �GpM co ° Jim Perkins PUBLIC WORKS DEPARTMENT 3�P �� Real Estate Manager CIVIC CENTER FRANK M. ABART 322 N. Commercial Street, Suite 210 DIRECTOR �q 0 Bellingham, WA 98225-4042 `& INCo� Telephone: (360) 676-6876 FAX: (360) 738-2468 www. whatcomcounty.us JPerkins@co.whatcomma.us wa.us RECEIVED OCT 16 2009 M E M O R A N D U M PETE KREMEN COUNTY EXECUTIVE To: County Executive Pete Kremen and Honorable Members of the County Council Through: Frank M. Abart, Directo 16I J4 10 From: Jim Perkins, Public Works Real Estate Mana -�� Date: October 13, 2009 Re: A Resolution in the Matter of Considering Vacating a Portion of Portal Way The attached petition asks for vacation of approximately 6,602.10 square feet of right of way, more or less, of Portal Way near Grandview Road. Based on a Fair Market Valuation (FMV) of surrounding comparable properties, the estimated value of the area to be vacated is approximately $6,240.00 • Recommended Action The attached petition for vacation appears to meet all statutory requirements. It is recommended that the County Council direct the County Engineer to investigate and report his findings to the County Council. Please contact me at extension 50798 if you have any questions regarding this action. Encl. 3 I SPONSORED BY: 2 PROPOSED BY: Public Works 3 INTRODUCTION DATE: 4 RESOLUTION NO. 5 6 A RESOLUTION IN THE MATTER OF CONSIDERING 7 VACATING A PORTION OF PORTAL WAY 8 9 WHEREAS, on October 5, 2009? Mark Douglas, submitted a petition for the vacation of a portion of 10 Portal Way lying within the unincorporated area of Whatcom County, accompanied by the penal sum 11 of $682.00, and, 12 WHEREAS, as described in RCW 36.87.010, when a county road or any part thereof is considered 13 useless the Whatcom County Council may declare its intention to formally consider vacation, by 14 resolution. 15 NOW, THEREFORE, BE IT RESOLVED that it is the intention of the Whatcom 16 County Council to consider vacation of the following described right of way: that 17 portion of the Northeasterly 15 feet of Portal Way (Old Pacific Highway) lying within 18 the South Half of the South Half of the Northeast Quarter of the Southwest Quarter 19 of Section 6, Township 39 North, Range 2 East of W.M., Whatcom County, 20 Washington. 21 22 Basis of description: Record of survey, Auditor's File No. 2000502388. 23 24 Subject to and/or together with all easements, covenants, restrictions and/or 25 agreements of record or otherwise. Also subject to Whatcom County retaining 26 an easement the length of the area to be vacated for utilities and drainage. 27 28 AND BE IT FURTHER RESOLVED that the County Engineer investigate and report to the County 29 Council on the matter of the proposed vacation of said portion of Portal Way so that the Council may 30 set a public hearing on the matter. 31 APPROVED this day of , 2009 32 33 ATTEST: 34 35 36 Dana Brown -Davis, County Clerk 37 38 39 40 AP�`RQVED O 41 Senior Civil Deputy Prosecuting Attorney WHATCOM COUNTY COUNCIL W14ATCOM COUNTY, WASHINGTON Seth Fleetwood, Council Chair 2 BEFORE THE WHATCOM COUNTY COUNCIL IN THE MATTER OF VACATION OF THE COUNTY ROAD KNOWN AS V'OATW-L W K`C Petitioned for by: t� h-kc D4v-4 L KS et.al. PETITION FOR VACATION OF PLATTED ROAD (RCW 58.17 AND 36.87) Pursuant to Whatcom County Ordinance No. 1-72, dated February 14, 1972, the undersigned and those signing attached petition, which bears signatures and property descriptions of five land owners residing in the vicinity of said road, request vacation of the county road hereinafter described, and agree with the statements below: l . Petitioners are residents of Whatcom County and owners of real property in the vicinity of the road sought to be vacated. 2. The road sought to be vacated is legally described as follows: l u %�T- P a R in o a of — `u v- N o fR T1k &*9 M It L Y 15 pore v- 6F- ?a-9 Trt Wl*f L. Y (r1 4 W l TJ ( ov 77(t 6r .50 u TX, t- * t.F of TCc— so u W VP-L: c-F rA 6- NoR MG-kS T 0,0 A'2 M 2 d F T UL Cr CC) v T. w CS S T- CLUA-1Z.- T" oF-- 66c 17 ON 6 T-cwAlSKa P 3 L NoRTk Rpr7j&& 2 t*sv^ OF- W� 3. The pertinent facts in support of this petition are: ^iwc,s �,, c t_L c e.Er�v P Twdr v !t C.v &- N NNruR6 or " &K 6S ri N4, mca"r OF W" 16TJ-D Al'j.ow 4. TheOroad to be vacated i use ess as a part of the County roadA systemIand he public w ll bene it Rlts �'`�n vacation and abandonment. 5. Petitioners will pay all costs and expenses incurred by the Count in examination, report, notice and proceedings pertaining to ,his petition. 6. A bond in the penal sum of $682.00, payable to Whatcom County Treasurer, accompanies this petition. 7. The application fee accompanies this petition. WHEREFORE, petitioners request the County Road Engineer to report upon this petition, that a hearing take place on this report, and that an order be entered vacating and abandoning said road. CONTA ERSON Mkn K b0tK --Signed this day of CZ-v 6Erc, 20 C Page 1 of 2 5 ANIHEREr-ORE. the County Road Tlngioccr to repoTt upon this pevfioti, (Imt a htaring take plan on th[-,, rcpon, atid an orticr be entemd vactiting, and abandonft� said road. (NOTE' A miainium of five signitures is, requimd by law, wt smicinent near t1m, begiruing of pag-el), Oco A map of the road proposed to he mated end samoft p"rMes, with g4eb of tht aboveAped pedtlonm propotles Indicated thereon, shalt be att-athed to this peWon in order hr Jt to be acoeW In the County couneil Offite. Page -2 of 2 r 0 A e4MSrt*c �i 41ACHIM fld6c i 1.0 dclpo"O Mark Douglas (Grandview Business Center) Po Box#4082 Bellingham Wa. 98227 Tel #s (360)380-2907 (360)201-5555 fax (360)366-2278 To: Whatcom County Council and Land Services Division RE: 7056 Portal Way Right of way vacation request. In my request I have included survey done to outline exactly what I am requesting. I feel that Whatcom County as well as Grandview Business center will benefit from allowing the vacation of this small portion of county right of way to Grandview Center for the following reasons 1) The vacation will allow for the continuation of a more consistant line of right of way from the more ad hoc nature of right of way boundries along Portal Way in this area. 2) This will not interfere with any future utilities that may be planned along frontage of Grandview business Center, as the right of way boundry goes back to its normal position at the start of the area we are requesting in this application. 3) This will allow for future developmant of a group A public Water system currently under submission with Washington Departmant of Health. This system will tie in with Whatcom Public Utility district #1. 4) Allowing this request will make future connections or upgrades to both Grandview and PUD#1 s water systems easier. 5) Virtually no Impact on neighboring properties or utilities within the right of way will occur. 6) An existing right of way access permit exists along the southern neighbors property line within the right of way for water main and fire flow connection of Grandview Center's Potable and Fire Water systems to PUD#1s supply lines. This effectively is a buffer between the requested area of right of way and the property to the immiediate south of Grandview Business Center. Thank you for your c ideration of my request. Sincerly: M k Douglas M - anger /Owner Grandview Business Center 7056 Portal Way Ferndale Wa. 98248 7 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jim Perkins Real Estate Manager Phone: (360) 676-6876 County: (360) 398-1310 FAX: (360) 738-4561 COMPARATIVE MARKET ANALYSIS —PORTAL WAY VACATION PETITION PETITIONER: Mark Douglas PROPERTY LOCATION: a 15-foot wide section of the 60-foot wide right-of-way of Portal Way, just north of Grandview Road, more or less in front of Grandview Business Center in Banner Business Park. The area requested for vacation begins approximately at the South Line of the Northeast Quarter of the Southwest Quarter of Section 6, Township 39 North, Range 2 East, W.M. and extends in a northwesterly direction approximately 440.14 feet to the North Line of the South Half of the South Half of the Northeast Quarter of the Southwest Quarter of Section 6, Township 39 North, Range 2 East, W.M. The area to be vacated totals approximately 6,602.10 square feet, more or less. OWNER NAME: Whatcom County CURRENT USE: Shoulder area of current road right-of-way AREA ZONING: Light Impact Industrial BACKGROUND: Pursuant to Whatcom County Ordinance No. 1-72, dated February 14, 1972, Mr. Douglas is petitioning the County to vacate an area of Portal Way right-of-way. The area proposed for vacation is the northeasterly 15 feet of Portal Way, formerly Primary State Highway #1, conveyed to Whatcom County by the State on January 23, 1964. EFFECTS OF VACATION: This vacation request is for an unpaved shoulder area approximately 440.14 feet in length X 15 feet or 6,602.10 square feet, more or less. The petitioner states that allowing this vacation will make future connections or upgrades to both Grandview Business Center property and Whatcom County PUD#l's water system easier. LAND VALUES RELIED ON: Four comparable land values were used to prepare this market evaluation of subject parcel. Comp. #1 is Grandview Business Center, abutting Portal Way on its east side and abutting the area requested to be vacated. Comp. # 1 is owned by the petitioner. According to Whatcom County Assessor records the current land value of Comp. #1 is $1.50 per square foot. Comp #2 is at 7080 Portal Way, just north of Comp. #1. It also abuts Portal Way on its east side and is owned by Dennyson LLC. The property sold in June 2007 for $800,000. Since the assessed value of the land of Comp. #2 is 27 percent of the total assessed value, 27% of $800,000 is 89 cents per square foot. Comp. #3 would be land values in the Grandview Light Industrial Park on Salishan Parkway just south and on the west side of Portal Way, accessed via Grandview Rd. Assessed land values in this park average approximately $2.50 to $3 per square foot. Comp. #4 would be land values in the I-5 Industrial Park also slightly south of the subject property but on the east side of the I-5 freeway. Assessed values in this park average $3 per square foot on up. Both Comp. #2 and Comp. #3 are superior to the subject property in that they are within developed or developing industrial parks with easy rail and freeway access. Comp. # I is most like the roadway area to be vacated, but since the area to be vacated is not within the business park itself its value must be discounted somewhat. Looking at Comp. #1 at $1.50 per square foot and Comp. #2 at 89 cents per square foot, it is reasonable to give the portion of Portal Way to be vacated an average value of 95 cents per square foot or $6,240.00 (rounded). RECO E ATIO O UNTY for 6,602.10 square feet X $0.95 PSF = $6,240.00 Prepared By: - October /0 2009 J' Pe state Manager atcoPublic Works Thanalysis does not constitute an appraisal as defined by USPAP. 322 N. Commercial Avenue, Suite 110, Bellingham, WA 98225 10 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 — 395 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 10/19/2009 10/27/2009 Finance Division Head. - Dept. Head: Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT: Presentation regarding the 2010 census ATTACHMENTS: SEPA review required? ( ) Yes . ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Presentation regarding the 2010 census COMMITTEEACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcomwa.uslcouncil. 11 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-408 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 10116109 � l E ((�' E � v /J E D � (—C LC 0CT. 2 0 2009 WHATCOM COUNTY COUNCIL 10127109 Finance Division Head: Dept. Head.- Prosecutor: ��l �f' " Purchasin /Bu �{ C/ �p<' Executive. A I TITLE O OCU NT.- Review and Approve Changes to the 2010 Solid Waste Budget ATTACHMENTS: 1. Proposed Solid Waste Budget Adjustments 2. Solid Waste Fund Balance Analysis SEPA review required? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language 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.) Review and Approve Changes to the 2010 Solid Waste Budget recommended by the Solid Waste Executive Committee 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 12 CO) J Q Z Q W U Z Q J Q m 0 � Z O :) O LL N co (d Y 0.0 � o U U_Q —i o 00 � a Q a _. 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AB2009-366 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: DGD 10105109 10113109 Finance Comm. Originator: n E C 2� � V /J [E D uu llll l� Division Head: Dept. Head: OCi" 0 6 2009 Prosecutor- INHATCONi COUNTY COUNCIL Purchasing/Budget: .�'t /a j" 0q Executive: TITLE OF DOCUMENT. • Presentation regarding Mid Biennium 2009-2010 Budget Review ATTACHMENTS: SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) Requested Date: NO 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.) Financial presentation regarding the Mid -Biennium 2009-2010 Budget Review including information requested in Resolution 2009-047 COMMITTEE ACTION. COUNCIL ACTION.• 10/13/2009: Reported. Possibly schedule again in two weeks, regarding third quarter report. 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. 17 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009,394 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 10113109 Intro Originator: 2 V p L� l� Division Head: 10127109 Finance Committee; OCT 0 6 2009 Council Dept. Head: U1IHATCON! COUNTY I L, Prosecutor: i2 COUNCIL Purchasing/Budget: G f 2 b Executive: I 0 TITLE OF DOCUMENT: 2009 Supplemental Budget Request #11 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: S UMA" R 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.) Supplemental #11 requests funding from the General Fund. (1) To appropriate $18,189 in County Council to fund Board of Equalization and Whatcom County Code publishing. (2) To appropriate $76,733 in Sheriff to fund Operation Stonegarden Program FFY2008. (3) To appropriate $76,000 in Sheriff to fund Buffer Zone Protection Program. (4) To appropriate $39,670 in Non -Departmental to fund computer server room air conditioning upgrade. From the Emergency Management Fund. (5) To appropriate $76,733 to fund Operation Stonegarden Program FFY2008. COMMITTEE ACTION.• COUNCIL ACTION: 10/13/2009: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number. ffQ SPONSORED BY: Finance PROPOSED BY: Executive INTRODUCTION DATE: 10/13/09 ORDINANCE NO. AMENDMENT NO. 11 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 County Council 18,189 - 18,189 Sheriff 152,733 152,733 - Non Departmental 39,670 (39,670) - Total General Fund 210,592 (192,403) 18,189 Emergency Management Fund 76,733 (76,733) - Total Add'I Supplemental 287,325 (269,136) 18,189 ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: )Q Civil Deputy Plecut-or' , 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 #11-2009.doc 19 WHATCOM COUNTY Summary of the 2009 Supplemental Budget Ordinance No. 11 Net Effect to Fund Increased Balance Expenditure (Increased) (Increase) Department/Fund Description Decrease Revenue Decrease General Fund To fund Board of Equalization and County Council Whatcom County Code publishing 18,189 - 18,189 To fund Operation Stonegarden Sheriff Program FFY2008. 76,733 76,733 - To fund Buffer Zone Protection Sheriff Program. 76,000 76,000 To fund server room air conditioning Non Departmental upgrade. 39,670 (39,670) Total General Fund 210,592 (192,403) 18,189 Emergency Management Fund To fund Operation Stonegarden 76,733 (76,733) - Pro ram FFY2008. Total Add'I Supplemental 287,325 (269.136) 18.189 20 CLERK OF THE COUNCIL Dana Brnwn-Davis, C.M.C. COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 September 23, 2009 MEMORANDUM '(GOM COG �9SNING�0 WHATCOM COUNTY COUNCIL TO: Dewey Desler, Deputy Administrator FROM: Dana Brown -Davis, Clerk of the Council SUBJ: 2009 Supplemental Budget Request Attached find a supplemental budget request for the following accounts: Extra Help (1100.6120): Increase by $5,000 to pay Board of Equalization members through the end of 2009. Professional Services (1100.6630.901): Increase by $13,189 to pay for updates to the Whatcom County Code through the end of 2009. Please let me know if you have questions. Thank you. COUNCILMEMBERS Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Bob Kelly L. Ward Nelson Carl Weimer Phone: (360) 676-6690 TTY: (360) 738-4555 FAX: (360) 738-2550 21 Supplemental Budget Request Status: Pending Council Supp'l / # a94 Fund 1 Cost Center 1100 Originator: Dana Brown -Davis Expenditure Type: One -Time Year 1 2009 Add'I FTE ❑ Add'I Space ❑ Priority Name of Request: 2009 Supplemental Budget Request - BOE and Code Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($18,189) 6120 _ Extra Help $5,000 6630,901 Professional Services $13,189 Request Total $0 la. Description of request: Board of Equalization - Extra Help (1100.6120): We need an additional $5,000 to cover the cost of per diem pay for Board of Equalization members for the remaining scheduled hearing dates in 2009. Code Publishing - Professional Services (1100.6630.901): We need $13,189 to cover the cost of updating the Whatcom County Code for the remainder of 2009. This amount does not include funds to codify the Shoreline Management Program once it is approved by the State Department of Ecology. 1b. Primary customers: County staff and the public. 2. Problem to be solved: Board of Equalization - 1100.6120 By law, citizens have the right to appeal their property assessements to the Whatcom County Board of Equalization. In 2009, the Board will be meeting nearly three times the average number of days in order to hear all the petitions filed for this year. In reviewing our records for the past six years, the Board averaged 24 hearing dates per year. As of today, the Board has scheduled a total of 69 hearing dates through the end of 2009. Approval of this request will allow us to pay the Board of Equalizaiton members for the remainder of the year. Code Publishing - 1100.6630.901 We do not have funds in our budget to codify ordinances for the remainder of 2009. We have submitted and paid for three very large supplements so far this year and have expended all funds in this account. We estimate that we will need an additional $13,189 to keep the the Whatcom County Code up to date for the remainder of 2009. 3a. Options /Advantages: We have reviewed all of our other accounts for transfer possibilities and this is the only option available to us. 3b. Cost savings: None. 4a. Outcomes: We will be able to pay the Board of Equalization members and ensure that the Whatcom County Code continues to be updated on schedule through the remainder of 2009. 4b. Measures: Wednesday, September 30, 2009 Rpr: Rpr Suppl Regular 22 Supplemental Budget Request Stags: Pending Council Supp'I lFund 1 Cost Center 1100 Originator: Dana Brown -Davis Board of Equalization members will get paid and the Whatcom County Code will get updated on schedule through the remainder of 2009. 5a. Other Departments/Agencies: If this request is not granted, almost all county departments will be impacted. 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: General Fund. Wednesday, September 30, 2009 Rpt: Rpt Supp! Regular 23 W.HATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 TO: Executive Kremen FROM: Sheriff Elfo DATE: 9-28-29 CAREY DAMES UNDERSHERIFF w JEFF PARKS r CHIEF DEPUTY ART EDGE CHIEF DEPUTY ��aa `, R E C E I V E® RECEIVED STEVE COOLEY CHIEF INSPECTOR SEP 2 8 2009 WENDYJONES CHIEF OF CORRECTIONS PETE KREMEN COUNTY EXECUTIVE SUBJECT: Buffer Zone Protection Program Grant Background and Purpose The Whatcom County Sheriff's Office was awarded $579,090.00 from the Washington State Military Department for Buffer Zone Protection of the Tier 2 Critical Infra Structures located in Newhalem. Funds are to be used to purchase equipment listed in the approved Vulnerability Reduction Purchase Plan (VRPP). One of the preapproved purchases is for Pinnacle Night Vision - Light amplification equipment and related helmet mounting hardware. Funding Amount and Source $76,000.00 from agreement #2008-BZ-T8-0012, Buffer Zone Protection Program grant will be used to purchase the equipment. A competitive bid pr6cess, per Whatcom County Policy, was completed with the -assistance of Chris Mohnkern from the Finance Department. This is the first of three preapproved purchases to ire made via the Buffer Zone grant. Please. contact me if you have any questions or concerns regarding this grant and/or purchases. Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety. 24 Supplemental Budget Request Sheriff Operations Supp i ID # 796 Fund 1 Cost Center 2982 Originator: Marvette Gwinner Expenditure Type: One -Time Year 1 2009 Add9 FTE ❑ Add`I Space ❑ Priority 1 Name of Request: Buffer Zone Protection Program X De rtment ' nature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4333.8707 Buffer Zone Protection ($76,000) 6510 Tools & Equip $76,000 Request Total $0 9a. Description of request: The Whatcom County Sheriffs Offices wants to purchase night vision equipment to enhance our ability for security of communities surrounding high -priority Critical Infrastructure and key Resource (Cl/KR). This item has already been preapproved through the Buffer Zone Grant application process. 1 b. Primary customers: Citizens of Whatcom County 2. Problem to be solved: Increase ability to see in low light situations. The Newhalem area (dams) has been determined to contain tier 2 critical infra structures. The Buffer Zone Grant Program was awarded to Whatcom County to protect these critical infra structures. 3a. Options /Advantages: None 3b. Cost savings: The cost savings will be that we will not be using county funds. This money is being given to us through a grant. 4a. Outcomes: Increased night vision capabilities. 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: Funding authority is Washington State Military Department and the U.S. Department of Homeland Security. CFDA #97.078 . �:.w�.sa�v�aeasse,..e:rvsamyx:����a_aspx�,,.�um:x,::.=•.ar.,r:t-+h-*.-rea: -�.� d,y s>::.� �. .ai.,�a: ..a nrs-a•�.�;n+a:a>ruv.,.sceaaxralc:..czanxKznrar,�,v�xzzses -+..--r��naaar� Tuesday, September 29, 2009 Rpt: Rpt Suppl Regular 25 Supplemental Budget Request Status: Pending Sheriff Operations Supp'l ID # 920 Fund 1 Cost Center 2984 Originator: Marvette Gwinner Expenditure Type: One -Time Year 1 2009 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Operation Stonegarden FFY2008 f o lib , Z Costs: ead-Signature (Required on Hard Copy Submission) Object Object Description Amount Requested 6140 Overtime $60,216 6210 Retirement $3,150 6230 Social Security $4,607 6259 Worker's Comp-Interfund $1,429 6269 Unemployment-Interfund $181 8301 Operating Transfer In ($76,733) 8351 , So I Operating Transfer Out $7,150 Request Total $0 1a. Description of request: The Department of Homeland Security (DHS) FFY2008 Operation Stonegarden Program (OPSC) has awarded $1,320,000 to Whatcom County to enhance law enforcement preparedness and operational readiness along land borders of the United States. Whatcom County Sheriffs Office has been allotted $76, 733.00. The main focus of the Operation Stonegarden projects will be the enforcement of Washington State law in each agency's jurisdiction, and the denial of entry avenues, egress routes and transportation hubs to criminal organizations seeking to smuggle narcotics, humans and terrorists and/or their instruments and weapons. In coordination with US Customs and Border Protection/Border Patrol, state and local enforcement entities will provide an enhanced presence in the border area. The Whatcom County Sheriffs Office will perform duties normal to our agency's mission while providing additional law enforcement "eyes and ears" and equipment in support of the Homeland Security mission. We will not enforce immigration laws on behalf of CBP/Border Patrol. Grant funding through OPSG will strengthen local, state and federal law enforcement partnerships and improve border enforcement through increased cooperation, infrastructure improvements, and equipment enhancements. 1b. Primary customers: Citizens of Whatcom County through the increased capability of local law enforcement to secure the international border. 2. Problem to be solved. Since the events of September 11, 2001, the interdiction of terrorists and their weapons attempting entry across the nation's borders has become the priority mission of U.S. Customs and Border Protection (CBP) Border Patrol. The Blaine Border Patrol Sector's area of responsibility has historically been a favored operational area for alien, drug and weapons smugglers due to its temperate climate and lose proximity to Vancouver, BC, Canada, its seaports, and international airport. The only known clandestine smuggling tunnel along the U.S./Canadian border was discovered within Blaine Sector's area of Thursday, October 01, 2009 Rpt: Rpt Supp! Regular 26 Supplemental Budget Request Status: Pending Sheriff Operations Supp'r rD # 920 Fund 1 Cost Center 2984 Originator. Marvette Gwinner responsibility. British Columbia is home to over fifty know organizations or individuals associated with terrorism, and will be the site of the 2010 Winter Olympics. 3a. Options /Advantages: OPSG funds are awarded specifically to fund overtime and vehicle costs (mileage) associated with increased patrols which would otherwise have to be funded with local revenue or eliminated 3b. Cost savings: Cost savings to County is $76,733.00 4a. Outcomes: Whatcom County Sheriffs Office will increase patrols,, helping to reduce criminal activity associated with alien, drug, and weapon smuggling. 4b. Measures: Whatcom County Sheriffs Office will schedule patrols per contract specifications and timelines and will monitor outcomes using daily activity logs. 5a. Other Departments/Agencies: n/a 5b. Name the person in charge of implementation and what they are responsible for: Jjeff Parks will oversee project progress. 6. Funding Source: Federal Grant. Department of Homeland Security FFY2008 Operation Stonegarden Program, Contract #E09-234, CFDA #97.067. Thursday, October 01, 2009 Rpt: Rpt Supp! Regular 27 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Ave, Suite 108 Bellingham, WA 98225-4083 Ddesler@co.whatcom.wa.us DEWEY G. DESLER Director MEMO TO: Dewey Desler FROM: Michael Russell DATE: September 18, 2009 RE: Computer Room Cooling RECEIVED SFP V`, 2009 PETE KREMEN COUNTY EXECUTNE 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 The County made a decision to place the computer room in the basement of the Courthouse several years ago. This decision has created some complications in the operation of this computer facility. Trying to maintain the power and the cooling to this facility has been challenging. The issue we are facing at this time is the need for additional computer equipment to be placed in this room. However, the ability to cool the room with the additional computer equipment added over the years has reached its peak capacity. Any additional equipment will overwhelm the cooling units in place at this time. More computer equipment is needed to maintain the services the County provides. An estimate was completed by an engineer for additional cooling equipment in 2007 for $ 35,000.00. When the County went out for bid for this project, the cost came in at $82,670.00. The cost difference came from the engineer miscalculating the labor and the length of the piping runs needed to complete this project. The result is additional cost of $50,670.00 to complete this project. This work is essential to maintain the temperatures needed for the County's computer center. The infrastructure for this room has been set, all of the computer cabling in and out is routed through this room. The backup UPS (uninterrupted power source) is provided for and installed in this room. The chiller on the roof of the Courthouse was upgraded several years ago for this room. ( the chiller provides the cool water for the air -handling units for this room and the 6th floor) The HVAC has been designed for this room. The cost for moving all of this equipment to another secured site would be astronomical. Therefore Facilities is requesting additional funds to be transferred to this project. Base Funds are $35,000.00 Transfer from IT $20,000.00 Transfer from Catwalk Project $ 8,000.00 Transfer from 6tn Floor roofing project $19,670.00 This will provide the fund to complete this critical project. Thank you for your consideration. 29 Supplemental Budget Request Status: Pending Administrative Services Facilities Management Supp'I ID # 911 Fund 1 Cost Center 4531 Originator: Michael Russell Expenditure Type: One -Time Year 1 2009 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Computer Room Cooling X ��'Z.- _e'll / o Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 7410 Equipment -Capital Outlay $39,670 8301.326 Operating Transfer In ($19,670) 8301.507 Operating Transfer In ($20,000) Request Total $0 la. Description of request: Additional Cooling for the Computer Room in the Courthouse Basement 1b. Primary customers: AS -Information Technology and all Government Offices that utilize the County Computer System 2. Problem to be solved. The need for additional computer equipment has become a necessity, however the ability to cool the room has reached its peak capacity. Any additional computer equipment will overwhelm the cooling units. 3a. Options / Advantages: There are no other options 3b. Cost savings: The infrastructure for this room has been set, all computer cabling in and out is routed through this room. The UPS is provided and installed in this room. The cost of moving all of this equipment to another secure location would be astronomical. 4a. Outcomes: Will increase the cooling capacity to handle more computer equipment as Information Technology will require. 4b. Measures: 5a. Other Departments/Agencies: Information Technology 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: Current ASR budget consists of $35,000 Transfer from IT budget $20,000 Transfer from Catwalk Project $8,000 Transfer from 6th Floor Roofing Project $19,670 Monday, September 28, 2009 Rpt. Rpt Suppl Regular 30 WHATCOM COUNTY CAREY JAMES SHERIFFS OFFICE UNDERSHERIFF BILL ELFO JEFF PARKS SHERIFF s CHIEFDEPUTY y ART EDGE PUBLIC SAFETY BUILDING z Tic CHIEF DEPUTY 311 Grand Avenue Bellingham, WA 98225-4078 STEVE COOLEY (360) 676-6650 CHIEFINSPECTOR WENDY JONES CHIEF OF CORRECTIONS MEMO To: Pete Kremen, County Executive From: Sheriff Bill Elfo, Director of Emergency Management Subject: Supplemental Budget Request 2 Dept of Homeland Security, Operation Stonegarden Program (OPSG) FFY2008 OPSG Contract # E09-234 Date: September 30, 2009 The attached Supplemental Budget Request seeks authority to expend $76,733 to be reimbursed from the Dept of Homeland Security Operation Stonegarden Program grant (Whatcom County Contract No 200904021). • Background and Purpose Whatcom County Sheriff's Office Division of Emergency Management was awarded $1,320,000 from the Dept of Homeland Security (DHS) Operation Stonegarden Program (OPSG) for Federal Fiscal Year 2008. This grant flows from DHS through the Washington State Military Department — Emergency Management Division to Whatcom County. DHS provides OPSG funds to enhance law enforcement preparedness and operational readiness along land borders of the United States. In coordination with US Customs and Border Protection/Border Patrol (CBP/BP), state and local law enforcement entities will provide an enhanced presence in the border area, performing duties normal to its own mission while providing additional law enforcement "eyes and ears" in support of the Homeland Security mission. Participating agencies will not enforce immigration laws on behalf of CBP/BP. DEM has already received budget authority for $847,086 for grant projects previously identified. DEM now requests budget authorization for an additional $76,733 for Whatcom County Sheriff's Office overtime and vehicle expenses related to increased patrols from October 1 through December 31, 2009. The performance period for this grant runs from September 1, 2008 through February 28, 2011. • Funding Amount and Source $76,733 from the Dept of Homeland Security FFY2008 Operation Stonegarden Program, Contract # E09-234, Funding Source Agreement 2008-SG-T8-0016, CFDA 97.067 SHSP. Please contact Doug Dahl or Frances Burkhart if you have questions regarding this contract. Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety. 3 Supplemental Budget Request status: Pending Sheriff Emergency Management Supp71D # 932 1 Fund 167 Cost Center 16753 Originator: Frances Burkahrt Expenditure Type: One -Time Year 1 2009 Add'i FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Operation Stonegarden FFY2008 (2nd Supp'l) X ale Depart ead gnature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4333.8705 St Homeland Sec Grt Prg ($76,733) 8351 Operating Transfer Out $76,733 Request Total $0 la. Description of request: The Department of Homeland Security (DHS) FFY2008 Operation Stonegarden (OPSG) awarded $1,320,000 to Whatcom County to enhance law enforcement's preparedness and operational readiness along land borders of the United States. In coordination with US Customs and Border Protection/Border Patrol, local law enfocement agencies provide an enhanced presence in the border area. Local agencies perform duties normal to their own agency's mission while providing additional law enforcement "eyes and ears" in support of the Homeland Security mission, helping to reduce criminal activity associated with alien, drug, and weapon smuggling. Participating agencies do not enforce immigration laws on behalf of CBP/Border Patrol. DEM previously received budget authority for $847,086 of this award (Supp'I ID# 828). DEM now requests budget authority for an additional $76,733 to fund Whatcom County Sheriffs Office overtime and vehicle costs associated with these patrols during October -December 2009. 1b. Primary customers: Citizens of Whatcom County, due to a more secure international border. 2. Problem to be solved: Whatcom County Sheriffs Office requires budget authority to begin work on its contract deliverables. 3a. Options /Advantages: OPSG funds are awarded specifically to fund overtime and vehicle costs associated with increased patrols which would otherwise have to be funded with local revenue or eliminated. 3b. Cost savings: $76,733.00 4a. Outcomes: Whatcom County Sheriffs Office will increase patrols, helping to reduce criminal activity associated with alien, drug, and weapon smuggling. 4b. Measures: Whatcom County will schedule patrols per contract specifications and timelines and will monitor outcomes using daily activity logs. 5a. Other Departments/Agencies: Whatcom County Sheriffs Office will receive additional revenue for overtime and vehicle costs. 5b. Name the person in charge of implementation and what they are responsible for: Jeff Parks will oversee project progress. Thursday, October 01, 2009 Rpt: Rpt Supp! Regular 32 Supplemental Budget Request status: Pending Sheriff Emergency Management Supp'I ID # 932 Fund 167 Cost Center 16753 Originator: Frances Burkahrt 6. Funding Source: Federal Grant: Dept of Homeland Security FFY2008 Operation Stonegarden Program, Contract #E09- 234, CFDA# 97.067. Thursday, October 01, 2009 Rpt: Rpt Suppl Regular 33 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2 009 —3 9 9 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: SM 1015109 10127109 FinancelCouncil Originator: EC EW E D OCT 2 0 2009 Division Head: Dept. Head: Prosecutor: WHA.. COM COUNTY COUNCIL Purchasing/Bud et: Q% %� I /l'�4 Executive: Q TITLE OFDOCUAIEA Resolution authorizing submittal of a grant application to the Washington State Department of Commerce, Community Economic Revitalization Board (CERB) ATTACHMENTS. Resolution, CERB Application SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY 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.) Resolution authorizing submittal of a grant application to the Washington State Department of Commerce, Community Economic Revitalization Board (CERB) on behalf of the Northwest Economic Council. This grant will be utilized in support of the site assessment for the -Innovation Resource Center (to facilitate job growth in Whatcom County). COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 34 Northwest Economic Council W FI ATCOM CO U N TY October 15, 2009 Whatcom County Council 311 Grand Avenue, Suite 105 Bellingham, Washington 98225 RE: Request for Resolution to Apply for Community Economic Revitalization Board (CERB) Funding of a Feasibility and Pre -development Grant for the Innovation Resource Center, a Business Accelerator ($35,000) Dear Council Members: As you saw at the October 13`h Council Meeting, the Northwest Economic Council — Whatcom County has identified three priority initiatives during 2009. These are: • ADO Responsibilities and Deliverables • Economic Strategy — Strategy for Success • Accelerator Program This Accelerator Initiative, the Innovation Resource Center, is a business support process that speeds up the successful development of start-up and fledgling companies by providing entrepreneurs with an array of targeted resources and services. Ultimate goals of this initiative will be to: ► Creating and Retaining Jobs in the Community ► Building and Accelerating Growth in Local Industry ► Diversifying the Economy throughout the County ► Increasing 'Green' and Sustainable Job Opportunities ► Supportive Environment for Emerging Economic Sectors in our Region 1 Bringing Economic Development Resources together to Focus on Common Objectives While the primary focus of an Accelerator is providing an impactful continuum of resources for entrepreneurs, matching the delivery of these resources in the most appropriate and optimally sited facilities is critical for success. Target will be to increase the number of jobs in our community that well exceed the median wage of $16.87/hour. This Request for Resolution to apply for CERB Funding for $35,000 will allow ,fof this!'. assessment to be conducted. The area to be considered is all of Whatcom County where the zoning exists to site such facilities. From this basis, including the initial tdenttfietl:; possible sites, an increasing level of assessment will be conducted to match the edentefed ' features of a successful Business Accelerator that leverages the optimal and comparative advantages unique to Whatcom County. Please review the attached request. Let me know if you would like additional inIV.formation„ ' We are excited about this Initiative and ask for your support as we prepare to;launch`.fhis initiative. regards s:,. Executive erector 360-676.4255 • 800.81 QA255 360.647.9413 • wwvw,nwecon.org P.O. Box 2803, Bellingham WA 98227 • I�i sx 115 unilyStrm 35 SPONSORED BY: County Executive PROPOSED BY: Director of Administrative Services INTRODUCTION DATE: October 27, 2009 RESOLUTION NO. AUTHORIZING THE SUBMITTAL OF THE GRANT APPLICATION TO THE WASHINGTON STATE DEPARTMENT OF COMMERCE, COMMUNITY ECONOMIC REVITALIZATION BOARD (CERB). WHEREAS, Whatcom County is a potential grant recipient and is invited to apply to the Washington State Department of Commerce for a Community Economic Revitalization Board (CERB) Grant; and WHEREAS, the desired outcomes resulting from these funds are increased support for successful development of start-up and fledgling companies by providing entrepreneurs with an array of targeted resources and services; and WHEREAS, the Council and Executive have consistently adopted ordinances to achieve the same results; and WHEREAS, the County would like to pursue the funding necessary to support efforts to expand and leverage community wide efforts to support economic opportunity and a healthy business climate for start-up and fledgling companies; and WHEREAS, the County has joined the collaborative work of the Northwest Economic Council — Whatcom County, Bellingham Technical College, Whatcom Community College, Western Washington University, Port of Bellingham, Bellingham Angel Group and others to explore the feasibility and pre -development assessment for a local Innovation Resource Center (Accelerator); and WHEREAS, the County will utilize the grant monies to conduct the feasibility and pre -development assessment of an Innovation Resource Center (Accelerator) in the most cost effective manner; NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL OF WHATCOM COUNTY, WASHINGTON, as follows: Page 1 36 The County Council agrees to support the Community Economic Revitalization Board (CERB) application as proposed by the Administration. APPROVED by the County Council of Whatcom County, Washington, this 27th day of October, 2009. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Seth Fleetwood, Council Chair APPROVED AS TO FORM: Civil Deputy Prose u or Page 2 37 COMMUNITY ECONOMIC REVITALIZATION BOARD FEASIBILITY/PLANNING APPLICATION 2009-2011 BIENNIUM Management services for the CERB Program are provided by: Department of Commerce Innovation is in our nature. COMMUNITY ECONOMIC REVITALIZATION BOARD Feasibility/Planning ►pplication for Fundinc Applicant: Whatcom County County: Whatcom Federal Tax Number: 91-6001383 Applicant Fiscal Year: 1/1 through 12/31 month/day month/day Contact: Pete Kremen Title: County Executive Phone: (360) 676-6717 E-Mail: PkremenCDco.whatcom.wa.us Fax: (360) 676-6775 Mailing Address: 311 Grand Avenue, Suite 108 Bellingham, WA Zip + four: 98225-4082 Legislative District: 42 Congressional District: 2 CERB grant requested: $35,000 Amount of other funding sources: $14,000 Total public project costs: $49,000 Project Title: Site Assessment for Innovation Resource Center Brief project description: The Innovation Resource Centers (IRC) goal is to position Whatcom County for strong economic rebound by developing a plan to assist small business with the tools (infrastructure and technical) for global competition . The IRC plan provides for the: - Leveraging of local business, college and non profit investment and collaboration. -Targeting technology jobs that meet the $16.87 per hour median county wage (CERB construction requirement). - Bringing transition tools to retain companies and jobs in the region for the long term. - Tapping into the talent coming out of the region's institutes of higher education The CERB request is for a site assessment for the component that will concentrate in engineering and light manufacturing within the areas of marine, petroleum engineering and water conservation technology products and services. The Northwest Economic Council - Whatcom County (NWEcon) is focused on job creation through the support of innovative startup companies through the creation of an IRC. The IRC will provide the "missing link" between the needs of startup companies and the current efforts of educational institutions, financial and investment groups, public economic development activities and private business support. It will provide the depth of mentoring and advisory roles required by startup companies to effectively utilize the resources available in our community to grow and increase the number of jobs. Feasibility/Planning Application Page 2 of 14 2009-2011 39 COMMUNITY ECONOMIC REVITALIZATION BOARD Declaration: "1 hereby certify that the information given in this application to the Community Economic Revitalization Board is true and correct to the best of my knowledge and belief." Signature of Responsible Official: Print or Type Name and Title: Pete Kremen, County Executive Please include a resolution authorizing this application as Attachment A. Feasibility/Planning Application 2009-2011 Page 3 of 14 W COMMUNITY ECONOMIC REVITALIZATION BOARD A. IDENTIFICATION OF FEASIBILITY STUDY/PLANNING PROJECT Al. Estimated schedule for public project completion. ESTIMATED COMPLETION DATE (month/year) Consultant Services Chosen 1/2010 Consultant Begin Work 1/2010 Consultant Draft Report 3/2010 Consultant Final Report 4/2010 Consultant End Work 4/2010 Project Complete 4/2010 (other) / A2. Describe the projected short-term and long-term economic benefits the planning project will have on the local community. Short-term, this feasibility and pre -development assessment will assemble real estate information, community (sector/cluster) and company (users) data, business interests and trends, and entreprenurial resources and opportunities in our County and region. Long-term, the strategically assembled busienss tools and resources, expertise and mentors, and creative funding streams, will provide the "missing link" for many would be entrepreneur/innovator. These resources will result in more passionate, committed successful entrepreneurs. Fiscal sponsors or investors would have a more structured environment in which to seek their next investment. Startups and expanding existing companies that are able to capitalize on the competitive advantages of being located in Whatcom County, will, in turn, strengthen the economic health of this region. A3. Describe how the project will enhance existing or encourage future economic activity in the area. Enhancement of existing and encouragement of future economic activity will occur through the increased synergies associated when like -companies congregate. o Our innovative focus is on clean engineering and technology related products and services with a special emphasis on global opportunities. o The IRC will prioritize assistance for startups in the areas of: o Engineering: ❑ To facilitate sustainable design, materials and manufacturing ❑ To enhance transportation, process and instrumentation for environmental health including energy, water and food processing o Technologies: ❑ For efficiencies in healthcare ❑ In software and on-line services A4. What will be accomplished as a result of the project? Feasibility/Planning Application 2009-2011 Page 4 of 14 41 COMMUNITY ECONOMIC REVITALIZATION BOARD As a result of this project, Whatcom County will have ascertained the optimal configuration of a(n) Innovation Resource Center(s) and the menagerie of resources, mentors, training, and finances that are designed to serve start-up and fledgling businesses that are looking to explore new products or services. A list of potential client companies and entrepreneurs will be identified. Sites will have been researched for compatability, analyzed for economic feasibilty, and ranked for optimal community fit, client result and return on investment. Deliverables will be a report that contains findings of the above Scope, with recommendations for next steps: --Summary and map of the growth potential for businesses and impact on the community from this and other local initiatives. --Compilation (directory) of supporting businesses, agencies, jurisdictions and other entities, private and public, that are availabl a and engaged with this Innovation Resource Center. --Assessment and recommendation of the top three sites and infrastructure most suitable for locating this Innovation Resource Center. A5. Describe the impact on the community in the event the project is not funded by CERB. Without funding, Whatcom County may very likely suffer leakage of start-up companies, promising entrepreneurs, and potential future community leaders. Economic rebound from the current recession will most likely be slower and more challenging for this area's workforce and overall community health. Note: The timing on this project requires that we bridge both 2009 and 2010. Therefore, this project contains two elements. The $14,000 cash match is being received in primarily 2009, which will be used for preliminary assessment in order to prepare for the site selection activity, which will be conducted in 2010. B. FINANCIAL INFORMATION B1. Provide a cost breakdown of the feasibility study/site-specific pre -development planning project components. A 25 percent cash match is targeted. CERB grant requested: $35,000 Cash match: $14,000 In -kind match: $ Other sources: $ Total cost of project: $49,000 (Amount should equal total on Page 2) 132. List all match funding source(s) and amount. Note whether the amount has been secured or is being requested. Give the date that the funds were approved or the date that requested funds are expected to be approved. Source Amount Status CERB grant request $35,000 Pending Partner Funds - $4,000 Approved/Pending Bellingham Technical College, Whatcom Community College, Feasibility/Planning Application 2009-2011 Date Approved (or expected to be approved) 012110 10/09 Page 5 of 14 42 COMMUNITY ECONOMIC REVITALIZATION BOARD B'ham Angels. NWEcon Port of Bellingham $5,000 Approved 090109 Private Sector: Deltalok $5,000 Deposited at 08/09 Whatcom Community Foundation Total Funding $49,000 B3. Who will be conducting the study? If an outside consultant has not yet been chosen, describe the selection process. Provide names of potential consultants. Contractor, Phase West Consulting, Diane Kamionka, is responsible for gathering initial data and preliminary review of possible resources (funding, mentors, and community entities). She will continue with the research for the feasibility of the business operations of this IRC, including identifying number of potential clients or companies (size of the pipeline) that fit the profile for this Center. Ms. Kamionka has been part of numerous successful endeavors in this region, including creation of the Northwest Agriculture Business Center, the feasiblity study for a regional food processing center at the Port of Skagit, and several projects with the American Radio Museum. Northwest Economic Council - Whatcom County (NWEcon) will conduct feasibility research for locating these facilities within the County using the information received through the business and client feasibility assessment. This information will assist in locating sites that match ideal features and amenities that best meet the needs of IRC clients and participants. These sites will further be assessed as to estimated costs associated with locating at the most optimal sites. B4. Other sources of funding for economic feasibility/pre-development planning studies exist. Indicate whether your jurisdiction has made application to any other funding sources for this study and what the outcome was. Fund Source C. LOCAL SUPPORT Application Submitted? Yes No Outcome C1. As Attachment B, please provide evidence of public notification for the project at the back of this application. C2. As Attachment C, please attach to the back of this application a site map showing the area to be evaluated. C2. As Attachment D, please include local support letters at the back of this application. Feasibility/Planning Application 2009-2011 Page 6 of 14 43 COMMUNITY ECONOMIC REVITALIZATION BOARD D. ECONOMIC DIVERSIFICATION D1. Describe the project's link with the economic diversification strategy and goals of the community. As stated in the Greater Whatcom Comprehensive EDS_(August 2002), Whatcom County wishes to retain and create better paying jobs, foster stable and more diverse economies, and maintain and improve the quality of life in this area. Goals identified include: --Support development that protects natural resources --Create collaborative programs and projects among economic develoment agencies --Promote and improve economic diversification - an economy not dependent on few large sectors --Improve labor force skills and opportunities to keep workers here, and, --Improve and maintain community education and information on economic development. D2. Applicants must demonstrate that this request is part of an economic development plan consistent with local and applicable state planning requirements. Listed as a 2009 CEDS Project under Northwest Economic Council - Whatcom County* E. PROJECT FEASIBILITY E1. Describe the scope of work for the project. Indicate the anticipated accomplishments of the project. Attachment E lists elements which must be included in a feasibility/planning project. 1. Identify suitable industrial sites for this Innovation Resource Center within Whatcom County. Site features targeted include: 10-40 acres, existing or easily accessible utilities and infrastructure, and use is compatible with surrounding community. Assess match to the needs of the targeted businesses by: a. Clarifing the growth potential of businesses that are anticipated to emerge as a result of the activities in the Technology Development Center (TDC) located at the designated State Innovation Partnership Zone, and the Center of Excellence COE for Process & Control Technology at Bellingham Technical College. --Interview current and potential partners, educators and businesses engaged with the TDC and COE --Formalize the profile of anticipated new technology targets b. Profile the following information regarding emerging businesses: --Number of new businesses and associated timeframe --Number of jobs created with range of wages, benefits and career path options --Potential impact new technologies and services could have on other economic elements with the County c. Map the impact of the new business growth upon the economic profile of the County. d. Solidify the method of support to be provided by existing public and private businesses in the targeted engineering and light manufacturing areas. --Education Institutions — Western Washington University; Bellingham Technical College; Whatcom Community College; Northwest Indian College. --Public entities — Northwest Economic Council; Port of Bellingham; Whatcom County; City of Bellingham; Small Cities Partnership; Lummi Nation; Bellingham Angel Group; Technical Alliance Group; WorkSource, and others. --Private businesses 2. Assess and rank above sites, identifying top three locations. Conduct additional site analysis on top three sites such as pre -engineering cost estimates, synergy/leverage with other proximate assets, resources available for highest potential for success, and community interest. Feasibility/Planning Application 2009-2011 Page 7 of 14 COMMUNITY ECONOMIC REVITALIZATION BOARD 3. Pro forma financial assessment combining the site prep, estimated construction, and operational revenues and expenses, with timeline targets, for a 5-year period. 4. Assure that all questions identified in Attachment E are addressed wtihin this final deliverable. E2. If infrastructure construction is to be supported by the study, indicate the estimated construction schedule and/or project time frame. NA E3. Indicate if there has been private investment interest, please describe: Yes, Deltalok has provided $5,000 toward this feasibility/pre-development phase. Feasibility/Planning Application 2009-2011 Page 8 of 14 45 COMMUNITY ECONOMIC REVITALIZATION BOARD Attachment A Resolution Authorizing CERB Application Attach a resolution authorizing this application. Feasibility/Planning Application 2009-2011 Page 9 of 14 COMMUNITY ECONOMIC REVITALIZATION BOARD Attachment B Evidence of Public Notification Provide evidence of public notification for the public planning project presented for CERB funding consideration. Feasibility/Planning Application 2009-2011 Page 10 of 14 47 COMMUNITY ECONOMIC REVITALIZATION BOARD Attachment C Site Map Include/attach a map of the area indicating the proposed project site. Feasibility/Planning Application 2009-2011 Page 11 of 14 COMMUNITY ECONOMIC REVITALIZATION BOARD Attachment D Evidence of Local Support A statement from the local Associate Development Organization (ADO) is required. Other examples of local support might include letters from local governing councils, chambers of commerce, citizens, etc. Statements from the local city council and/or county commissioners are strongly encouraged. Feasibility/Planning Application 2009-2011 Page 12 of 14 COMMUNITY ECONOMIC REVITALIZATION BOARD Attachment E Feasibility Study Minimum Requirements The economic feasibility study must contain the following minimum requirements: a. A product market analysis linked to economic development. b. A market strategy containing action elements linked to timelines. C. Identification of targeted industries. d. Identification of the group responsible for implementing the marketing strategy. Describe the group's capacity to complete the responsibility. e. The site's appropriateness by addressing, at minimum, appropriate zoning, affect to the state or local transportation system, environmental restrictions, cultural artifact investigation, and the site's overall adequacy to support the anticipated development upon project completion. f. A location analysis of other adequately served vacant industrial land. g. Total funding for the public facilities improvements is secured or will be secured within a given time frame. h. An analysis of how the project will assist local economic diversification efforts. Indicate the specific issues that will be addressed. List one or more economic outcomes that you expect from the proposed CERB project. k. Describe the specific, quantifiable measures of the outcome(s) that will indicate success. Describe in measurable terms what you expect to be able to show as progress toward the outcome for each year before the whole outcome has been achieved. Describe what data you will collect to determine whether the outcome is being achieved. M. Describe the data collection procedure including when data will be collected, from whom and by whom. n. The estimated median hourly wage of the jobs created when development occurs. o. If the project is determined to be feasible, the following information must be provided within the final report: 1. Total estimated jobs created (in FTEs). 2. Describe benefits offered to employees. 3. Describe the median hourly wage of the new jobs in relation to the median hourly county wage. 4. The county three-year unemployment rate in relation to the state rate. 5. County population change in the last five years. 6. The estimated jobs created represent what percentage of the county's labor force. Feasibility/Planning Application 2009-2011 Page 13 of 14 50 COMMUNITY ECONOMIC REVITALIZATION BOARD 7. The estimated jobs created represent what percentage of the county's unemployed workers. 8. Estimated new annual state and local revenue generated by the private business. 9. Estimated private investment generated by project. Feasibility/Planning Application 2009-2011 Page 14 of 14 51 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-400 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator P. Gill 1010512009 Finance/ E C EW E D Oct. 27, 2009 Council Bead: Dept. David Stalheim r,/y M OCT 2 0 2009 Prosecutor Royce Buckingham WHATCOM COUNTY Purchasing/Bu et: Brad Ben ` COUNCIL Executive: Pete Krem 0-a TITLE F DOCUMENT; Amendment #6 to Washington State Department of Ecology WRIA 1 Watershed Management Grant ATTACHMENTS; Contract information sheet, cover memo, grant amendment 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: This grant continues the Phase IV implementation work of the WRIA 1 Watershed Management Program. Council approved the Watershed Management Detailed Implementation Plan in July of 2007. The work pursued through this grant will adaptively manage the governance structure in order to provide greater cooperation between water resource programs, receive more citizen input, and be better suited to manage instream and out -of -stream flows. The strategy will make the most of funding by creating a coordinated monitoring and reporting program that build off of years of data gathering and technical work. This amendment extends the grant expiration date to June 2011 and adds funding ($75,000). 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. 52 �C,om moo` David Stalheim WHATCOM COUNTY 3P < Director Planning & Development Services J r 5280 Northwest Drive mJ ,2 I.E. "Sam" Ryan Bellingham, WA 98226-9097 �SH1NG�0 Assistant Director 360-676-6907, TTY 800-833-6384 360-738-2525 Fax MEMORANDUM RECEIVED OCT 16 2009 TO: Pete Kremen, County Executive THROUGH: PETE KREMEN David Stalheim, Director- couNTVExEcuTNE FROM: Oliver Grah, Natural Resources Division Manager Peter Gill, Senior Planner 0 RE: State of Washington Department of Ecology Amendment #6 to Whatcom County Contract #200605013 DATE: October 6, 2009 Enclosed are three (3) originals of the contract amendment #6 between the State of Washington Department of Ecology and Whatcom County for your review and signature. ■ Background and Purpose This grant continues the Phase IV implementation work of the WRIA 1 Watershed Management Program. Council approved the Detailed Implementation Plan in July of 2007. Activities under this amendment focus on implementation of the DIP and Watershed Management Plan. This includes facilitating communication between stakeholders in the basin, and demonstrating a stronger link between the activities of Initiating Governments and implementing the plan. The focus of the next year is to adaptively manage the governance structure in order to provide greater cooperation between programs, receive more citizen input, and be better suited to manage instream and out -of -stream flows. The strategy will make the most of funding by creating a coordinated monitoring and reporting program that build off of years of data gathering and technical work ■ Funding Amount and Source The $75,000 comes from Department of Ecology watershed operational funds. A match of $8,333 will come from WRIA 1 Joint Board staff salaries. ■ Differences from previous contract This extends the grant expiration date to June 2011, adds funding, and adds tasks described above. Please contact Peter Gill at extension 50263, if you have any questions or concerns regarding the terms of this agreement. Encl. 53 Whatcom County Contract No. a001,05013- 6 WHATCOM COUNTY CONTRACT INFORMATION SHEET Originating Department: Planning & Development Services Contract Administrator.' Peter Gill Contractor's / Agency Name: State of Washington Department of Ecology 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): 200605013 Is this a grant agreement? Yes x No _ If yes, grantor agency contract number(s) G0600298 CFDA number Is this contract grant funded? Yes x No _ If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes _ No x If yes, RFP and Bid number(s) 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 $131,455 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 $74,999.00 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 $187,200.00 Executive with supporting memo for approval. Scope of Services This grant continues the Phase IV implementation work of the WRIA 1 Watershed Management Program. Activities under this amendment focus on implementation of the DIP and Watershed Management Plan. This includes facilitating communication between stakeholders in the basin, and demonstrating a stronger link between the activities of Initiating Governments and implementing the plan. The focus of the next year is to adaptively manage the governance structure in order to provide greater cooperation between programs, receive more citizen input, and be better suited to manage instream and out -of -stream flows. The strategy will make the most of funding by creating a coordinated monitoring and reporting programs that build off of years of data gathering and technical work Term of Contract: Expiration Date: June 30, 2011 Contract Routing Steps & Signoff.• fsign or initial? !indicate date transmitted? 1. Prepared by.- BB- Date Ip" � [electronic] 2. Attorneyreviewed.- k.B Date lP --% [electronic] 3. AS Finance reviewed:.&y Date to-g [electronic] 4. IT reviewed if IT related: Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff.•: ::�Or Date W--/d 7. Contractor signed. Date 8. Submitted to Exec Office: Date [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 54 WHATCOM COUNT" CONTRACT NO. out4 200&05-019-( l AMENDMENT NO. 6 TO ECOLOGY GRANT NO. G0600298 PURPOSE: To amend the agreement between the Department of Ecology, hereinafter referred to as 'Ecology' and, Whatcom County, hereinafter referred to as 'Recipient'. IT IS MUTUALLY AGREED the agreement is amended as follows: • The project grant amount is increased by $ 74,999.35 for Phase 4, State Share; corresponding local match is $ 8,333. The total grant amount under the amended agreement shall not exceed $ 206,455, State Share; corresponding local match is $ 22,939 for this grant contract period. The total project cost is $ 229,394. • The project scope of work is revised as outlined in Exhibit A-1. • The project budget is revised as outlined in Exhibit A-2. • The period of performance for this amendment continues through June 30, 2011. Ecology will pay the recipient $ 74,999.35 (100%) on a cost -reimbursement basis. Requests for reimbursement shall be submitted at least quarterly but not more often than once per month by the RECIPIENT on state invoice voucher forms. Payment requests are to include at a minimum Form A19-IA "Invoice Voucher", Form B "Running Budget Summary", Form C "Voucher Support" and Form D "Contractor Participation Report" (if applicable). ECOLOGY will issue payments of grant funds within 30 days of receipt of properly completed invoice vouchers. All other terms and conditions of the original agreement and any amendments remain in full force and effect. The effective date of this grant amendment is July 1, 2009. IN WITNESS WHEREOF: the parties have signed this amendment. WHATCOM COUNTY _See Attached_ Pete Kremen County Executive Approved as to Form Only Assistant Attorney General STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Date . Gordon White, Program Manager Date Shorelands and Environmental Assistance Program Page ] of 7 55 Phase 4 Implementation Grant, G0600298 Amendment 6 Between Ecology and Whatcom County Whatcom County Recommended for approval Title: Whatcom County Executive Date: STATE OF WASHINGTON ) ) ss. COUNTY OF On this day of , 2009 before me personally appeared to me know 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. Recommended for Approval Planning & ffeve opment Services Director Approved as to form: Prose mg*ney Date NOTARY PUBLIC in and for the State of Washington, residing at: My commission expires 10 -�� Date Page 2 of 7 56 Phase 4 Implementation Grant, G0600298 Amendment 6 Between Ecology and Whatcom County ECOLOGY GRANT G0600208 AMENDMENT 6 EXHIBIT A-1 WRIA 1 NOOKSACK SCOPE OF WORK Project Title: WRIA 1 Phase 4 Project Description: The Detailed Implementation Plan (DIP) was approved by the planning unit and adopted by the Board of Commissioners in July 2007. This amendment awards funding for Phase 4 FY 10 — FY 11 through June 30, 2011. Funds for this amendment are provided from: General Fund -State $ 5,000 General Fund -Bertrand Proviso $70,000 Activities under this amendment focus on implementation of the DIP and Watershed Management Plan. This includes facilitating communication between stakeholders in the basin, and demonstrating a stronger link between the activities of Initiating Governments and implementing the plan. The focus of the next year is to adaptively manage the governance structure in order to provide greater cooperation between programs, receive more citizen input, and be better suited to manage instream and out -of -stream flows. The strategy will make the most of funding by creating a coordinated monitoring and reporting programs that build off of years of data gathering and technical work Project Tasks: Project Tasks: Task 1-Program Coordination- (Completed, see also Task 6) Task 2-Long Term Monitoring- (Completed) Task 3- Outreach and Education- Compliance Program (Completed) Task 4-Detailed Implementation Plan- (Completed) Page 3 of 7 57 Phase 4 Implementation Grant, G0600298 Amendment 6 Between Ecology and Whatcom County Task 5 Administration (continued) 5.1 Administer FY 09-10 Dept. of Ecology Watershed Grant Manage contracts associated with this grant, grant tracking and billing; maintain records; prepare quarterly reports Deliverables(s) To include, but not limited to billings; Quarterly reports, Project completion Report (when grant is ended) Due Date(s): June 2011 Cost: FY 10 - $4,500 FY 11 — $4,500 Task 6 Project Coordination (continued from Task 3) 6.1 WRIA 1 Organizational Support . Convene and support staff, administrative, and policy meetings associated with the organizational structure for implementing the WRIA 1 WMP and DIP. . Convene and support quarterly community coalition meetings. Deliverable(s) FY 10 Meeting agendas and summaries for staff, policy, and coalition meetings. FY 11 Meeting agendas and summaries for staff, policy, and coalition meetings. Due Date(s): June 2011 Cost: FY 10 - $8,000 FY 11 - $8,000 Task 7-Implementation of DIP (Completed) Task 8: Expand Long Term Monitoring Program (Continued in Task 10) Task 9: Decision Support System for Program Implementation (Completed) Task 10: Adaptive Management: Evolve WRIA 1 Implementation Governance Structure . Seek WRIA 1 Joint Board and WRIA 1 Salmon Recovery Board approval for a near -term governance structure developed in FY 08-09 that integrates process elements of the WRIA 1 Watershed Management Project and the WRIA 1 Salmon Recovery Program. . Implement the near -term organizational structure including establishing operational guidelines for each of the organizational levels, drafting and approving a charter for a stakeholder coalition outlined in the approved structure, and establishing the membership of the coalition. Page 4 of 7 58 Phase 4 Implementation Grant, G0600298 Amendment 6 Between Ecology and Whatcom County Deliverable(s) FY 10 Approved structure and function document for WRIA 1 watershed plan implementation. Meeting agendas and summaries of meetings associated with establishing an approved governance structure for WRIA 1 WMP implementation. Due Date(s) FY 10 - June 2010 Cost: FY 10 - $10,000 Task 11: Review and Modify WRIA 1 Plan Documents . Review WRIA 1 Watershed Management Plan (WMP) and Detailed Implementation Plan (DIP) actions from the standpoint of instream flow negotiations and associated water resource management programs and tools. Recommend plan modifications to reflect outcomes of plan review. Review of water supply strategies to address ISF water management agreements and the Whatcom County Comprehensive Plan Update. . Modify WRIA 1 Long Term Monitoring Plan (LTMP) to reflect implementation of recommendations from FY 08-09 for incorporating land use, water use, and habitat into long term monitoring program. . Modify WMP, DIP and LTMP to reflect implementation of recommendations made in FY08- 09 for joint data management to update model databases. . Continue to refine performance measures and performance goals as described in the adaptive management section of the Watershed Plan. Measures should be described for stream flow, water quality, fish habitat, and land use. Deliverable(s) FY 10 - Plan amendments for WRIA 1 LTMP plans reflecting outcomes of review, recommendations, and implementation of recommendations. Amend WRIA 1 Plans to include performance measures. to be used for adaptive management. FY 11 - Documentation of implementation strategies that are being employed to address water supply. Due Date(s) FY 10 - June 2010 FY 11 - June 2011 Cost: FY 10 - $ 17,500 FY 11 -$ 22,500 Page 5 of 7 59 Phase 4 Implementation Grant, G0600298 Amendment 6 Between Ecology and Whatcom County Cash Flow Projections Time Frame Projected Expenditure Level FY 10 Quarter 1 July 2009-September 2009 $ 6,999.35 FY 10 Quarter 2 October 2009 —December 2009 $ 9,000.00 FY 10 Quarter 3 January 2010-March 2010 $10,500.00 FY 10 Quarter 4 April 2010-June 2010 $13,500.00 Total FY 2010 $39,999.35 FY 11 Quarter 1 July 2010-September 2010 $ 8,000.00 FY 11 Quarter 2 October 2010 —December 2010 $10,000.00 FY 11 Quarter 3 January 2010-March 2011 $10,000.00 FY 11 Quarter 4 April 2011-June 2011 $ 7,000.00 Total FY 2011 $35,000.00 There is no guarantee that unspent FY 10 funds will carry into FY 11. Total estimated remaining Watershed Planning Funds for subsequent amendments pending continued eligibility, further legislative appropriation, and depending on the Department of Ecology's funding priorities. Max Eligible 400,000.00 FY 09 Reduction 6,344.35 Rev. Remaining 393,655.65 Cumulative Award 131,455.65 Current Award 74,999.35 Remaining Avail 187,200.65 $ 187,200.65 Page 6 of 7 60 00 O O O (D O Otr) \.o ON O O O O O O O O O O O O O M N M O O O O O 00 00 M 'ct N 00 \D M O\ 'cF M O O vi M It ice+ OO 'ct 'ct M O t— Vl M c*1 ON M N \10 00 t` N W) O � \10 00 00 ON Vl O O O 00 C� N M M CN M E"a L. a M ~ 00 N ~ M N N \ 00 M 00 0 N DD N cM N N O O O O O O O O O O O O O O O O O O O O O o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 \D O O O O O O O M ON \D �n vi O C 0 O O W) M O\ O O M M V1 �O I- \O I- O O 00 ON M M H �r � M O� N O M O — N ON \D 00 M �-+ M O� iGiGG 00 �fi 00 N 0 0 \D O 0 0 0 0 O O O O O \D ON 0 0 0 0 O N O t— O O O O O O O O O O O Ci N M O O O O O _ O ,'I- O \D O 00 O C t— \O N •-+ O 00 Oi It 00 M GN O O C O O O vi v co cM t— O 00 O� O N O E"a r+ 0o 00 O \D 116 O n Wn — f- --- 00 C, %O �6 N N t— t M -1 00 O O ^ \dO 00 cM N - N N O O O o 00 00 00 00 00 �+ M M M M 0 00 �o co o 0 0 0 b v) o 0 0 0 0 0 0 In O �n o Wn O �t o v'i ct 00 N vi �I co co M O M M O O O M o C �o o �a ON W O O O O O O O O O O O O O O O O O O O O O O O O O O \D \D Wn \D v) Vi O O O O O kn ID p O O \�D C- \D t- O O 00 O\ O ,L co N 00 M — �D p, d v, \D o Cl O o 0 \D rn o 0 0 v, 00 tl: O �D O O O O O N M 0 0 0 �D L y O \D 00 t-- N — 00 O It m O O O O ++ 114- M t� V'i 110 O O 00 O 00 ON O N O •L l M to kf) xt O V') t- 00 t-- N Vn N tt — �t p' O\ ~ O\ t- 00 t- M 06 M d N M r. N M Cl) rn E > N N O U E i O O Y p 0 Cl) y d N a+ > .��. N bA 0 G N �"] p y ? to b Gd Uoj o a> d'5o ea o oa 0.o o> _: o Cq U H W C7 O F+ F+ r+ N t` 61 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-401 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: K. Christensen 10127109 Finance) Originator: 0 / D � E C E� l/��% E D Council J. Hutchings Division Head: y \o u ll OCT. 2 0 2009 F. Abart Dept. Head: q D. Gibson Prosecutor: WHATCOM COUNTY B. Bennett Purchasin /B d l0 6 i a9 CO U N C I L P. Kremen Executive: TITLE OP DOCUMENT. Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin ATTACHMENTS. 1. Memo 2. Contract Information Sheet 3. Contract and related 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 requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The Lake Whatcom Comprehensive Stormwater Plan identified high priority capital improvement projects (C1Ps) to address water quality and flooding issues including the Silver Beach Creek vicinity. The consultant will develop final plans, specifications, and engineer estimates for three projects: • Stabilization, velocity control, and infiltration in the west tributary of Silver Beach Creek. • Stabilization, velocity control, and infiltration in the reach of the Silver Beach Creek from East 16' Place to the crest of Toad Lake Road. • Replacement of under -sized culverts at Brownsville and Hillsdale Road to address roadway flooding during major storm events. 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 andprinting on the County's website at. www.co.whatcom.wa.us/council. 62 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director TO: THROUGH: FROM: RE: DArE: MEMORANDUM The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Council Frank M. Abart, Public Works Director /�/5�7 Jon Hutchings, Ph.D., Assistant Directory / Kirk N. Christensen, P.E., Stormwater Manager ��U STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcomcounty. us RECEIVED 0 C T 16 2009 PETE KREMEN COUNTY EXECUTNB Contract for Services with Land Development Engineering and Surveying, Inc., for Design Assistance of Stormwater Projects in the Silver Beach Creek Drainage Basin October 14, 2009 Enclosed for your review and signature are two (2) originals of the contract between Whatcom County and Land Development Engineering and Surveying, Inc., for Design Assistance of Stormwater Projects in the Silver Beach Creek Drainage Basin. ■ Background and Purpose The Lake Whatcom Comprehensive Stormwater Plan identified high priority capital improvement projects (CIPs) to address water quality and flooding issues including the Silver Beach Creek vicinity. The Silver Beach Creek basin experiences significant development pressure and has seen increased stormwater runoff volumes and peak flows. Extensive bank erosion and channel incision contribute to sediments containing phosphorous and other pollutants that eventually enter into Lake Whatcom. Projects to address these issues may consist of creek channel stabilization using natural stream restoration, log weirs, vegetation techniques and culvert replacements. The consultant will develop final plans, specifications, and engineer estimates for three projects: • Stabilization, velocity control, and infiltration in the west tributary of Silver Beach Creek. • Stabilization, velocity control, and infiltration in the reach of the Silver Beach Creek from East 16th Place to the crest of Toad Lake Road. • Replacement of under -sized culverts at Brownsville and Hillsdale Road to address roadway flooding during major storm events. Land Development Engineering and Surveying, Inc., is on the 2009 Roster for Engineering & Architectural Services and was chosen through a competitive selection process. ■ Funding Amount and Source Project amount of $122,430 will be funded through the 2009 Public Works-Stormwater base budget (123201). Please contact Kirk Christensen at extension 50209 if you have any questions regarding the terms of this agreement. Enclosures 63 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. a001� 10 0 09 Originating Department: Public Works-Stormwater Contract Administrator: Kirk Christensen, P.E., Stormwater Manager Contractor's /Agency Name: I Land Development Engineering and 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 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) 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 $_122, 430.00 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 Comprehensive Stormwater Plan identified high priority capital improvement projects (CIPs) to address water quality and flooding issues including the Silver Beach Creek vicinity. The consultant will develop final plans, specifications, and engineer estimates for three projects: • Stabilization, velocity control, and infiltration in the west tributary of Silver Beach Creek. • Stabilization, velocity control, and infiltration in the reach of the Silver Beach Creek from East 16" ` Place to the crest of Toad Lake Road. • Replacement of under -sized culverts at Brownsville and Hillsdale Road to address roadway flooding during major storm events. Term of Contract: Expiration Date: 1213112010 Contract Routing Steps & Sikngff: [sign or initial) [indicate date transmitted) 1. Prepared by. Remy Stratton 2. Attorney reviewed 3. AS Finance reviewed: Date _10 8/09_ [electronic] Date i L i �Qr l [electronic] Date /o [electronic] 4. IT reviewed if IT related` Date [electronic] S. Corrections made.- 6. Attorney sign off ?yam, , }� ;v.J Z Contractor signed: ,i + Date electronic] hard copy printed Date d 0 JQ) Date ip /q-pq 8. Submitted to Exec Office Date 10_1t. - o q [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 M Whatcom County Contract No. WHATCOM COUNTY CONTRACT ATTORNEY REVIEW [submit via electronic transmittal] Originating Department: Public Works-Stormwater Contact Person: Kirk Christensen, P.E., Stormwater Manager Contractor's Name: I Land Development Engineering and Surveying, Inc. First Review: '.,Approved As Is; Prepare Hardcopy for Signoff Needs Revision; Attorney Comments for suggested changes: Second Review: Implemented Attorney Corrections as Indicated Approved; Prepare Hardcopy for Signoff Additional 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. v.1.0 65 COUNTY ORIGINAL Whatcom County Contract No. '2 009 /cDo08 CONTRACT FOR SERVICES AGREEMENT DESIGN ASSISTANCE FOR STORMWATER PROJECTS IN THE SILVER BEACH CREEK DRAINAGE BASIN Land Development Engineering and 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 30 Exhibit B (Compensation), pp. 18 to 21 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 28th day of October , 20 09 , and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 st day of December 20 10 The general purpose or opjective of this Agreement is for: design assistance for stormwater pioiects in the Silver Beach Creek drainage basin, 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 TWENTY-TWO THOUSAND, FOUR HUNDRED AND THIRTY DOLLARS AND N01100, ($122,430.00), The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of , 20_. CONTRACTOR: Development Engineering and Surveying, Inc. Llanos, STATE OF WASHINGTON ) ) ss. COUNTY OF W6fCoj-. ) On this 1 `� day of Ocr" 06x- . 20 09, before me personally appeared RAMON LLANOS to me known to be a PRINCIPAL of Land Development Engineering and Surveying, Inc., and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. R(,+y NOTAY PUBLIC in and for the State of Washington, residing at �5.•• �ko;.tC`,Q 13eL, 94144M WA. My commission expires 01- r5 -iv )IAA P W, 0 ), P'U woonor o OF W P Contract for Services Agreement 66 Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin Page 1 WHATCOM COUNTY: Recommended for Approval* rank M. Abart Daat'e Public Works Director Approved as to form: ! Daniel L. Gibson Date Asst. Chief Civil Deputy Prosecutor Approved: Accep7_fhatcom 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. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires 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 67 Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin 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 that, in its sole discretion, such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit"B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B" by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Contract for Services Agreement 68 Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin Page 3 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 of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The .Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/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 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: Contract for Services Agreement 69 Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin Page 4 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. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, Contract for Services Agreement 70 Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin Page 5 including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, 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. 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 maybe compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest_. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Frank M. Abart, Director, Whatcom County Public Works, 322 N. Commercial Street, Suite 210, Bellingham, WA 98225 37.2 Notice: Contract for Services Agreement 71 Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin Page 6 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. 38.1 Certification of Public Works Contractor's Status under State Law: Contractor certifies that it has fully met the responsibility criteria required of Public Works contractors under RCW 39.04.350 (1), which include: (a) having a certificate of registration in compliance with RCW 18.27; (b) having a current state unified business identifier number; (c) if applicable, having industrial insurance coverage for its employees working in Washington as required in Title 51 RCW, an employment security department number as required in Title 50 RCW, and a state excise tax registration number as required in Title 82 RCW; and (d) not being disqualified from bidding on any Public Works contract under RCW 39.06.010 or 39.12.065 (3). 38.2 Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: The Contractor further certifies, by executing this contract, that neither it nor its principles is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. The Contractor also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between the Contractor and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and the Contractor agrees to include this clause titled "Certification Regarding Federal Debarment, Suspension; Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. The "General Service Administration List of Parties Excluded from Federal Procurement or Non -procurement Programs" is available to research this information at hftp://epls.arnet.gov/. Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to, any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 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 Contract for Services Agreement 72 Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin Page 7 the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c, Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3, 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Agreement 73 Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin Page 8 EXHIBIT "A" (SCOPE OF WORK) Professional Services Agreement for Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin The Consultant's work will be organized into three complex and interrelated efforts: • Phase 1- Silver Beach Creek West Tributary Drainage Improvements • Phase 2- Silver Beach Creek E. 16th Place to Toad Lake Road Crest Drainage Improvements • Phase 3- Brownsville Drive and Hillsdale Road Culvert Replacement Background A comprehensive stormwater plan was completed for Lake Whatcom with plans that identified high priority capital improvement projects (CIPs) that, if completed, would address water quality issues and flooding. Within the Lake Whatcom watershed, the Silver Beach Creek 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: 1. Develop plans, specifications, and engineer's estimate (PS&E) for drainage improvements of a tributary of Silver Beach Creek west of the Hillsdale culvert. 2. Develop plans, specifications, and engineer's estimate for drainage improvements along Silver Beach Creek from E. 1 e Place to Toad Lake Road Crest. 3. Bid -ready documents for the Brownsville Drive and Hillsdale Road culvert replacement. PHASE 1 —SILVER BEACH CREEK WEST TRIBUTARY DRAINAGE IMPROVEMENTS Phase 1 will utilize the data, analysis, design calculations, and recommendations from deliverables of Phase 1A through Phase 1 C to develop design drawings, specifications, and a cost estimate of the proposed Silver Beach Creek Tributary drainage improvements north of Hillsdale Road and west of Brownsville. Drive. This phase includes the preparation of permitted design documents as well as construction administration services for the Silver Beach Creek Tributary drainage improvement 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 PROJECT DATA COLLECTION The objective of this phase is to obtain project data that will allow analysis and design to be completed. Phase 1-A Task 1 Data Collection and Documentation The consultant shall coordinate with the County project manager to ensure an accurate transfer of project design knowledge in addition to other projects that may have an effect on it. The consultant shall coordinate with the County project manager on the design information obtained during project development. This shall include the following items: • 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 site visits. Contract for Services Agreement, Exhibit A, Scope of Work 74 Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin Page 9 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 1-13 HYDROLOGIC AND HYDRAULIC ANALYSIS The City of Bellingham has completed hydrologic modeling of the Silver Beach Creek basin. This project falls within the SV101 sub -basin as identified by the City. The proposed improvements will be limited to areas located within the SE quarter of Section 15, Township 38 Range 3E. This element shall provide the information needed to complete the hydraulic analysis for final design, PS&E, all which will be summarized in the Hydraulic Memorandum. Phase 1-B Task 1 WWHM3 Modeling The consultant will utilize the WWHM3 model developed by the City of Bellingham, which was recently expanded for these projects, to identify flows and frequencies at up to three points of compliance. Phase 1-B Task 2 Complete Hydraulic Analysis for Final Design & PS&E Modeling results will be utilized to complete hydraulic analysis needed to design and develop plans, specifications and estimate. Phase 1-13 Task 3 Create Hydraulic Report Consultant will summarize the modeling work and results from the hydraulic analysis in a memorandum to document the design flows and volumes. Assumption(s): • Existing hydrologic and hydraulic studies for Silver Beach Creek will be provided to the consultant. • The WWHM3 Model of Basin SV101, which was recently expanded to include multiple sub -basins for these projects, will be provided to the consultant. • Development of a new hydrologic or hydraulic model is not required. • Model calibration is not required. Phase 1-C FINAL DESIGN Phase 1-C Task 1 Silver Beach Creek West Tributary Drainage Conceptual Design The objective of this phase is 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 preliminary 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 narrative that describes the benefits of that option, 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 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 of two public meetings will be needed to provide feedback for design. Public meetings will be coordinated by the County. Phase 1-C Task 2 Silver Beach Creek West Tributary Drainage Improvements Final Plans Select one of the conceptual design options from Phase1-Task 1 and prepare final design plans for the proposed improvements. Contract for Services Agreement, Exhibit A, Scope of Work 75 Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin Page 10 Phase 1-C Task 3 Preparation of Specification and Bid Documents Develop specifications and bid documents for the plans prepared under Phase 1-Task 2. Phase 1-C Task 4 QA/QC and Coordination Provide quality control and quality assurance of the plans and specifications prepared under Phase 1-Tasks 2 & 3 as well as Phase 1-B-Tasks 1 through 3. LDES and OCI will provide peer review of the work previously described. Phase 1-C Task 5 SWPPP The consultant will prepare a Stormwater Pollution Prevention Plan according to the NPDES Construction Stormwater General Permit. Phase 1-C Task 6 Geotechnical Report If required, a geotechnical investigation and report will be prepared for the project to determine soil stability and potential infiltration. Assumptions: Project will qualify as having "no effect" under the Endangered Species Act. Phase 1-D CONSTRUCTION PHASE Work generally includes construction phase engineering including submittal reviews, field questions, pay estimates, and change order requests. Phase 1-D Task 1 Bid Coordination/Construction Consultation/Engineering The objective of this phase is to provide the County with bid process support and construction phase consultation. Phase 1-11) Task 2 Construction Site Visits If required by the County, the consultant will perform site visits to verify site conditions and potential deviations to the design plans. Phase 1-D Task 3 Contract Administration -Pay Request and CO If required by the County, the consultant will assist in the preparation of draw requests and change orders. Phase 1-E PROJECT ADMINISTRATION fhe 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 constants. Phase 1-E Task 1 Budget and Schedule Management The objective of this task is to prepare progress budget reports and update the project schedule to the various tasks. Phase 1-E Task 2 Internal QA/QC Review of Deliverables Prior to Submission The objective of this task is to provide peer review of submittal prior to presenting them to the county. Phase 1-E Task 3 Maintenance of Records Consultant will maintain records of all submittals and data collected for the various phases of the project. Phase 1-E Task 4 Monthly Invoicing The objective of this task is to prepare monthly invoices and progress payment reports. Phase 1-E Task 5 Coordination with Various County Departments Consultant will coordinate with the various County departments including Public Works and Planning. Phase 1-E Task 6 Design Meetings with the County and Other Appropriate Consultants The objective of this task is to conduct meetings with the various consultants and the different County .departments to ensure a coordinated effort during the design process. Contract for Services Agreement, Exhibit A, Scope of Work 76 Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin Page 11 Phase 1 DELIVERABLES • Completed data transfer checklist. I • Phone logs, email documentation, and all available Record of Survey (ROS) 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 Creek Velocity Control and Stream Stabilization plans at 50%. Plans at 50% (Conceptual Design), 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 2 - SILVER BEACH CREEK E. 16T" PLACE TO TOAD LAKE ROAD CREST DRAINAGE IMPROVEMENTS Phase 2 will utilize the data, analysis, design calculations, and recommendations from deliverables of Phase 2A through Phase 2C to develop design drawings, specifications, and a cost estimate of the proposed drainage improvements from Silver Beach Creek E. 16th Place to Toad Lake Road Crest. This phase includes the preparation of permitted design documents as well as construction administration services for the Silver Creek Stabilization Project. The over -arching goals for this project include an engineered solution that will reduce velocity and flows in the Toad Lake Road ditch prior to entering private property on the west side of Toad Lake Road. The reduction of flows and velocity will reduce erosion and sediment transport, provide increased water quality treatment, and serve as a Low Impact Design demonstration project for the County where appropriate. The consultant shall prepare the project design, specifications, and cost estimate for approval according to Whatcom County and WSDOT standards and procedures. Phase 2-A PROJECT DATA COLLECTION The objective of this phase is to obtain project data that will allow analysis and design to be completed. Phase 2-A Task 1 Data Collection and Documentation The consultant shall coordinate with the County project manager to ensure an accurate transfer of project design knowledge including other projects that may have an effect on it. The consultant shall coordinate with the County project manager on the design information obtained during project development. This shall include the following items: • Public and agency coordination • Aerial photos • Hydraulic studies • Flood mapping • LIDAR data • Available survey and GIS data • Survey data collected by County crews Phase 2-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 one (1) site visit for each team member. Phase 2-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. Contract for Services Agreement, Exhibit A, Scope of Work 77 Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin Page 12 Phase 2-13 HYDROLOGIC AND HYDRAULIC ANALYSIS The City of Bellingham has completed hydrologic modeling of the Silver Beach Creek basin. This project falls within the SV101 sub -basin. The analysis will include modeled flow rates for two locations which include the crest of Toad Lake Road and the downstream end of the Toad Lake Road culvert before the ditch enters private property. This element shall provide the information needed to complete the hydraulic analysis for final design and PS&E, all which will be summarized in the Hydraulic Report. Phase 2-13 Task 1 WWHM3 Modeling "rhe consultant will utilize the WWHM3 model developed by the City of Bellingham, which was recently expanded for these projects, to identify flows and frequencies at the crest of Toad Lake Road and at the downstream end of the Toad Lake Road culvert. Phase 2-13 Task 2 Complete Hydraulic Analysis for Final Design and PS&E "rhe consultant will utilize the modeling results to complete hydraulic analysis needed to design and develop plans, specifications, and estimate. Phase 2-13 Task 3 Create Hydraulic Memorandum The consultant will summarize the modeling work and results from the hydraulic analysis in a brief memorandum to document the design flows and volumes. Assumpfion(s): • Existing hydrologic and hydraulic studies for Silver Beach Creek will be provided to the consultant. • The WWHM3 Model of Basin SV101, which was recently expanded to include multiple sub -basins for these projects, will be provided to the consultant. • Development of a new hydrologic or hydraulic model is not required. • Model calibration is not required. Phase 2-C FINAL DESIGN "rhe objective of this phase is to prepare final plans, specifications, and an estimate package including environmental permit applications. Final design will be compliant with all permit requirements. Phase 2-C Task 1 Design Development The objective of the design development phase is to set the framework for finished design for the Toad Lake reach with the development of design plans through the 50% complete level. When appropriate, Low Impact Design techniques will be considered as design elements. One site visit and two meetings are included in this phase. One meeting with the County design team and one public meeting are envisioned to keep the project on track with community expectations. Deliverables will include: • Cover sheet. • Grading, utility, and stormwater plans for the Toad Lake section of the project. • Conceptual design for the section of the project after it leaves Toad Lake. • Detailed plan for non-standard design development details. • Narrative describing the design intent. 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 design development, site visits, meetings, and environmental review. Attendance of two meetings will be needed to provide feedback for design. Public meetings will be coordinated by the County. Phase 2-C Task 2 Ditch Velocity and Flow Control Final Plans Prepare final plans from the work developed under Phase 2-Task 1. Phase 2-C Task 3 Preparation of Specification and Bid Documents Prepare specifications and bid documents for the plans prepared under Phase 2-Task 2. Contract for Services Agreement, Exhibit A, Scope of Work 78 Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin Page 13 Phase 2-C Task 4 QA/QC and Coordination Provide quality control and quality assurance of the plans and specifications prepared under Phase 2-Tasks 2 & 3 as well as Phase 2-13-Tasks 1 through 3. LDES, Mayfly, and OCI will provide peer review of the work previously described. Phase 2-C Task 5 SWPPP The consultant will prepare a Stormwater Pollution Prevention Plan according to the NPDES Construction Stormwater General Permit. Phase 2-C Task 6 Geotechnical Report If required, a geotechnical investigation and report will be prepared for the project to determine soil stability and potential infiltration. Assumptions: Project will qualify as having "no effect' under the Endangered Species Act. Phase 2-D CONSTRUCTION PHASE Work generally includes construction phase engineering including submittal reviews, field questions, pay estimates, and change order requests. Phase 2-D Task 1 Bid Coordination/Construction Consultation/Engineering Provide the County with bid process support and construction phase consultation. Phase 2-D Task 2 Construction Site Visits If required by the County, the consultant will perform site visits to verify site conditions and potential deviations to the design plans. Phase 2-D Task 3 Contract Administration -Pay Request and CO If required, the consultant will assist the County in preparation of draw requests and change orders. Phase 2-E PROJECT ADMINISTRATION Consultant will 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 constants. Phase 2-E Task 1 Budget and Schedule Management Prepare progress budget reports and update the project schedule to the various tasks. Phase 2-E Task 2 Internal QA/QC Review of Deliverables Prior to Submission Provide peer review of submittal prior to presenting them to the County. Phase 2-E Task 3 Maintenance of Records Maintain records of all submittals and data collected for the various phases of the project. Phase 2-E Task 4 Monthly Invoicing Prepare monthly invoices and progress payment reports. Phase 2-E Task 5 Coordination with Various County Departments Coordinate with the various County departments including Public Works and Planning and Development Services. Phase 2-E Task 6 Design Meetings with the County and Other Appropriate Consultants Meetings will be conducted with the various consultants and different County departments to ensure a coordinated effort during the design process. Contract for Services Agreement, Exhibit A, Scope of Work 79 Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin Page 14 Phase 2 DELIVERABLES • Completed data transfer checklist. • Phone logs, email documentation, all available Record of Survey (ROS) and plats for the proposed project currently in hand. • Final signed hydraulic report (Is Tarelle doing this?). • Stormwater Pollution Prevention Plan (SWPPP). • Plans at 50% as noted above and final design level. • Final bid -ready estimate. • Draft outline 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 2 COMPLETION DATE Construction scheduling is dependent upon the Lake Whatcom watershed clearing window. The completion date is contingent on the County's review and coordination of each phase. • Phase 2-A will be completed within two weeks following NTP for Phase 2. • Phase 2-B and 2-C-Task 1 will be completed four weeks following completion of Phase 2-A. • Phase 2-C will be completed 10 weeks,following completion of Phase 2-B and 2-C-Tasks 1 & 2. PHASE 3 - BROWNSVILLE DRIVE AND HILLSDALE ROAD CULVERT REPLACEMENT The County has developed preliminary plans for replacing the undersized culvert under Brownsville and Hillsdale Road with an arched corrugated metal pipe. Phase 3 will include the review of the County's PS&E documents for the Brownsville Culvert replacement project including hydraulic analysis to confirm that the proposed arched pipe is properly sized. Phase 3 will also include the development of design drawings, specifications, and cost estimate of the proposed Silver Beach Creek culvert replacement project from Brownsville Drive to Hillsdale Road. Phase 3-A PROJECT DATA COLLECTION Obtain project data that will allow analysis and design to be completed. Phase 3-A Task 1 Design Review and Verification Review plans previously prepared by the County for the culvert replacement and verify adequacy and size of culverts. Phase 3-A Task 2 Data Collection and Documentation The consultant shall coordinate with the County project manager to ensure an accurate transfer of project design and of other projects that may have an effect on it. Coordination with the County project manager by the consultant includes design information obtained during project development which shall include the following items: • Public and agency coordination. • Current design documents and analysis including electronic CAD files. Phase 3-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 3-A Task 4 Prepare Survey Base Map The objective here is to amend the existing base map and add pertinent information to be used for final design. Phase 3-B FISH PASSAGE DETERMINATION The objective of this phase will be to review the WDFW's Design of Road Culvert for Fish Passage and fish passage requirements and determine the design requirements for the Brownsville and Hillsdale culverts. This effort will also include active coordination with the County. A technical memorandum will be developed to document the determination and findings related to fish passage requirements. Contract for Services Agreement, Exhibit A, Scope of Work 80 Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin Page 15 Phase 3-B Task 1 Review WDFW Requirements Data collection and coordination with WDFW will be completed including a site visit with WDFW-staff. Phase 3-B Task 2 Coordination with the County Consultant will work with various County departments to fully understand the coordination work and analysis regarding fish passage that has already been completed. Phase 3-B Task 3 Create Technical Memorandum Consultant will prepare a brief technical memorandum summarizing information gathered from Tasks 3-B-1 and 3-B-2 and provide a recommendation for the County on the fish passage requirements for the Brownsville culvert. Phase 3-C HYDROLOGIC AND HYDRAULIC ANALYSIS The City of Bellingham has completed hydrologic modeling of the Silver Beach Creek basin. This project falls within the SV101 sub -basin as identified by the City. The objective of this phase is to provide flows for the sizing of the Brownsville and Hillsdale culverts. Analysis will include modeled flow rates for a single location at the intersection of Brownsville and Hillsdale. This element shall provide the information needed to complete the hydraulic analysis for final design and PS&E, all which will be summarized in the technical memorandum. Phase 3-C Task 1 WWHM3 Modeling The consultant will utilize the WWHM3 model developed by the City of Bellingham, which was recently expanded for these projects, to identify flows and frequencies at the culvert location. Phase 3-C Task 2 Complete Hydraulic Analysis for final Design & PS&E Consultant will utilize the modeling results to complete hydraulic analysis needed to design and develop plans, specifications, and estimate. Phase 3-C Task 3 Complete Hydraulic Report Modeling work and results from the hydraulic analysis will be summarized in a brief memorandum to document the design flows and volumes. Assumption(s): • Existing hydrologic and hydraulic studies for Silver Beach Creek will be provided to the consultant. • The WWHM3 Model of Basin SV101, which was recently expanded to include multiple sub -basins for these projects, will be provided to the consultant. • Development of a new hydrologic or hydraulic model is not required. • Model calibration is not required. Phase 3-D FINAL DESIGN Consultant will incorporate the information gathered under Phase 3A and 3B and prepare a final PS&E package. Phase 3-D Task 1 Culvert Replacement Plans at 70% Prepare plans for County review and make the necessary adjustments recommended under Phase 3B and 3C. Phase 3-D Task 2 Culvert Replacement Final Plans Consultant will make changes required by the County after review of the plans submitted under Phase 3D-Task 1. Phase 3-D Task 3 Preparation of Specification and Bid Documents Prepare specifications and bid documents for the plans developed under Phase 3-Task 2. Phase 3-D Task 4 QA/QC Quality control and quality assurance will be provided for plans and specifications prepared under Phase 3-Tasks 2 and 3 as well as Phase 3-B and 3C. LDES and OCI will provide peer review of the work previously described. Contract for Services Agreement, Exhibit A, Scope of Work 81 Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin Page 16 Phase 3-E PROJECT ADMINISTRATION Project administration including budget and schedule management, internal quality assurance/quality control review of deliverables prior to submission, maintenance of records, and monthly invoicing will be provided. Administration will also include coordination with various County departments, design meetings with the owner, and other appropriate constants. The consultant shall prepare the project design, specifications, and cost estimate for approval according to Whatcom County and WSDOT standards and procedures. Phase 3-E Task 1 Budget and Schedule Management The objective of this task is to prepare progress budget reports and update the project schedule to the various tasks. Phase 3-E Task 2 Internal QA/QC Review of Deliverables Prior to Submission The objective of this task is to provide peer review of submittal prior to presenting them to the County. Phase 3-E Task 3 Maintenance of Records The consultant will maintain records of all submittals and data collected for the various phases of the project. Phase 3-E Task 4 Monthly Invoicing The objective of this task is to prepare monthly invoices and progress payment reports. Phase 3-E Task 5 Coordination with Various County Departments Consultant will coordinate with the various County departments including Public Works and Planning. Phase 3-E Task 6 Design Meetings with the County and Other Appropriate Consultants Meetings will be conducted with various consultants and the different County departments to ensure a coordinated effort during the design process. Phase 3 DELIVERABLES • Survey base map. • Fish passage determination technical memorandum. • Hydraulic analysis review technical memorandum. • Design level estimate at 70%. • Final bid -ready estimate. • Draft contract specifications at 70% submittal. • Contract specifications: Bid -ready submittal. • Plans at final design level. • One final bid -ready design level estimate. • Contract specifications: Bid -ready submittal. • Progress reports, invoices, and meetings. • Final project documents and files delivered to the County at project closure. Phase 3 COMPLETION DATE Construction scheduling is dependent upon the Lake Whatcom clearing window. The estimated completion date is contingent on the County's review and coordination of each phase. • Phase 3-A will be completed in two weeks following NTP for. Phase 3 • Phase 3-B will be completed four weeks following completion of Phase 3-A. • Phase 3-C will be completed four weeks following completion of Phase 3-A. • Phase 3-D will be completed 10 weeks following completion of Phase 3-C. Contract for Services Agreement, Exhibit A, Scope of Work 82 Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin Page 17 EXHIBIT "B" (BUDGET, COMPENSATION, AND FEE ESTIMATE) Scope of Work Description I Cost Estimate Phase 1— Silver Beach Creek Tributary Drainage Improvement Project Design, Specifications & Cost Estimate Phase 1-A: Project Data Collection $ 5,240.00 Phase 1-13: Hydrologic and Hydraulic Analysis $ 3,760.00 Phase 1-C: Final Design $ 21,180.00 Phase 1-D: Construction Phase $ 5,220.00 Phase 1-E: Project Administration $ 7,260.00 Subtotal Phase 1 $ 42,660.00 Phase 2 - Silver Beach Creek near Toad Lake Road Velocity Control and Stabilization Project Design, Specifications & Cost Estimate Phase 2-A: Project Data Collection $ 6,040.00 Phase 2-13: Hydrologic and Hydraulic Analysis $ 3,760.00 Phase 2-C: Final Design $ 25,590.00 Phase 2-D: Construction Phase $ 5,220.00 Phase 2-E: Project Administration $ 8,300.00 Subtotal Phase 2 $ 48,910.00 Phase 3 - Brownsville Culvert Replacement Plan Review, Design Specifications, & Cost Estimate Phase 3-A Project Data Collection $ 3,710.00 Phase 3-13 Fish Passage Determination $ 2,100.00 Phase 3-C Hydrologic and Hydraulic Analysis $ 2,520.00 Phase 3-D Final Design $ 17,580.00 Phase 3-E Project Administration $ 4,950.00 Subtotal Phase 3 $ 30,860.00 Total Estimate for Phases 1, 2, and 3 $ 122,430.00 Classification Hourly Rate W Principal Engineer $ 110.00 Engineer Tech. $ 85.00 Professional Land Surveyor $ 110.00 0 —� Survey Tech $ 85.00 2 Person Survey Crew $ 130.00 GPS Survey Crew $ 80.00 p Principal Engineer $ 110.00 Design Engineer (EIT) $ 100.00 Technical Editor $ 90.00 Ln UJ z Senior Biologist $ 100.00 Project Biologist $ 75.00 1M _ -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 Contract for Services Agreement, Exhibit B-Budget, Compensation, and Fee Estimate Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin Page 18 83 O y p W M m T o o 0 0 0 0 0 0 0 o 0 a 0 0 o 0 C. 0 0 0 0 0 0 0 0 o g 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 l0 E C) N Mt`N cD V C) vC, C) O 0' �t NOOI-OOr O m O N O O O tt O O Ci aQ 0 O o0� 0 O 0 N MN 0 N O to t� 6 O �10pM 0 0 °i� (j N O N MNcb O to b CD W U CV ra0 M �- CV N N N r LO r t- V Y u7 ro H 63 63 69 tr3 69 69 6,T 69 isa 6% W. 69 69 69 EH 69 613 69 64 6A 69 b3 69 69 6H 69 6q ro C O O O O g a LU UO N N O O p y W N C r O EW L H a v 00 fD N O GD (D O O g N O ci C a0 M to Co fD 00 N CD N V 7 O a LC to aTi 3 IL U o 0 0 0 0 m y �NaC''n o a'i3 o 0 0 0 0 � U w_ c Z O L o 0 0 0 0 W tip LU LL E co m o o u� Z a Q a—' Z U W O O N N O N N O co a_W N N O 0 N 0 � 0 N a D W O O N .-- N M N m w w r b M IL `o c o CD 0 ) O U o C V N N w O U fn toll 69 cl M W U J F¢-• J J J F y N J r W O I¢-, O O 0¢ o `o � was m CL ti m m Er 0 ¢ v mLL d c c Q QLU LL Srp c a m w O }t a�ci aEi E a c aEci 2 W N Qq U ¢ •_ 4 U ro C ro J Y W C C C E •p U O {� z z G 0 3 y U J noLL ro C c3 a) Ea rob U) Qcp U acid C c° O ~ N O fg m Q m ro c c z E m ro C� � m W E ¢�q E �'m a Cg w Q Q 8 c �� EE QD p 8a c w �� E yU c¢ ro ¢� S c o� m Utq c to CO Zm.Q � ' ZCg>.�° :CC 3 U rL F c p U� U � 0 Z c c !/� 4� O_ 20 •ro •c g ¢ Y%i F o.- c •' o> ¢ O c S O �a C7 o U ~ pcl, E O '� E > •— c za m ��WJ F- > U ,,oA ro O ro i3 w = U (Crp3 G) (rClp�' N co A ro W ZR ac U a F (� c ca > iJi l0 c •nc l0 d WO �p m o o E'' J¢mm �C a gip' Zc3 �° °1 EE-@ �:t 0 5. 'J Of �� 40 ro O } p� O O z? fn<n4 2 3 N O� O O w 7 +� •C 'lO O O N O cnU T� roUU LL NU' Um UU dmSd 2MO000 H •-NM NMCLn to r••NM a) m w CL rn m� 0 wa aoi � E 3 N � O w N � c o N w �Op C o N 00 84 m m m s n EXHIBIT NNC" OP ID ACORD. CERTIFICATE OF LIABILITY INSURANCE LANDD DATE (MMIDD/YYYY) 07/09/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS. UPON THE CERTIFICATE Balcos Insurance, Inc / Br. B HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 192 E Bakerview Suite 202 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bellingham WA 98226 Phone:360-714-9500 Fax:360-255-2555 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Zurich North America INSURER B: INSURER C: Land Development 5160 Industrial Pl, Suite 108 Ferndale WA 98248 INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYPE OF IJSURANCE POLICY NUMBER DATE MMfDDIW) DATE (MM/DD/YY) LIMBS GENERAL LIABILITY EACH OCCURRENCE $ 2 , 000, 000 A X COMMERCIALGENERAL LIABILITY BAS42433145 08/04/09 08/04/10 PREMISES(Ea occurence) $2,000,000 CLAIMS MADE FX ] OCCUR MED EXP (Any one person) $ 10 , 000 PERSONAL &ADV INJURY s2,000,000 X► Stop Gap GENERAL AGGREGATE s4,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4 , 000 , 000 POLICY ,PRRCaT 7 LOC A AUTOMOBILE X LIABILITY AIYAJrO BAS42433145 08/04/09 08/04/10 COMBINED SINGLE LIMIT (Ea accident) ; 1,000000 , BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) ; HIRED AUTOS NON -OWNED ALTOS - PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYEE $ OFFICE A EMBER EXCLUDED? ff yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER A Property Section PAS42433145 08/04/09 08/04/10 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate Holder is Additional Insured as respects to work performed on their behalf by the Named Insured during the policy period shown. CERTIFICATE HOLDER CANCELLATION WHATC-6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER VNLL ENDEAVOR TO MAIL 30 DAYS WRITTEN Whatcom County Public NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Works-Stormwater IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Remy Stratton 2011 Young Street #201 REPRESENTATIVES. AUTHORIZOID REPRESENTATIVE Bellingham WA 98225 ACORD 25 (ZU01/08) ® ACORD CORPORATION IVIRI Contract for Services Agreement, Exhibit C—Certificate of Liability Insurance 87 Design Assistance for Stormwater Projects in the Silver Beach Creek Drainage Basin Page 22 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-402 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: Originator: '�1.�'LJ �(j0� October 27, 2009 ,Finance/Cou Paula J. Cooper l( n 1E C E V E D Division Head: ,0 1 �� Jon Hutchins ` OCT. 2 0 2009 Dept. Head: Frank M. Abart WHATCOM COUNTY Prosecutor: jVd1g 10107109 Dan Gibson U ld 15! 1 i O NCI L COUNCIL Purchasing/Budget: Executive: TITLE O DOCUMENT. Professional &ervices Agreement with Linsley, Kraeger Associates, Ltd. ATTACHMENTS: I. Memo from Frank M. Abart 2. Professional Services Agreement with Linsley, Kraeger Associates, Ltd. SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X ) SEPA review completed? ( ) Yes ( ) NO NO Requested Date: S UMMA R Y S TA 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.) This professional services agreement provides for calibration of the Lower Nooksack River hydraulic model to the January 2009 flood event, and technical assistance to County Staff as needed. 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. .Cil WHATCOM COUNTY PUBLIC WORKS DEPT. 322 N. Commercial Street TO: Pete Kremen, County Executive � a -0 '� I 110 f� THROUGH: Frank M. Abart, Public Works Direct FROM: Paula Cooper, River & Flood Manager(/ Jon Hutchings, Assistant Director * Frank M. Abart Director RECEIVED OCT 16 2009 PETE KREMEN COUNTY EXECUTIVE RE: Professional Services Agreement with Linsley, Kraeger Associates, Ltd. Calibration of Lower Nooksack Hydraulic Model to January 2009 Flood DATE: October 13, 2009 Enclosed are two (2) originals of the Professional Services Agreement between Linsley, Kraeger Associates, Ltd. (LKA) and Whatcom County for your review and signature. ■ Background and Purpose In accordance with the Lower Nooksack River Comprehensive Flood Hazard Management Plan (CFHMP), an FEQ hydraulic model has been developed by LKA for the lower Nooksack River from Deming to Bellingham Bay and the Sumas overflow corridor. The model was initially developed using cross-section data derived from 1993 topographic mapping based on aerial photography, and was calibrated to significant flood events that occurred between 1990 and 2003. While the model was able to provide a reasonable representation of these events, calibration data in the lower floodplain near Ferndale was limited in both aerial coverage and accuracy. The FEQ model was recently updated using 2006 bathymetric survey and LIDAR data so that the model better represents current channel and floodplain geometry. This updated model will provide the basis for new FEMA floodplain mapping and hydraulic design of projects identified in the CFHMP. The January 2009 flood provides a unique opportunity to calibrate the updated FEQ model to a recent flood that was significant on the lower Nooksack River and well -documented. This professional services agreement provides for calibration of the FEQ model to the January 2009 flood event, and technical assistance to County Staff as needed as modeling issues arise during implementation of the CFHMP. ■ Funding Amount and Source The proposed contract amount is $25,000. The source of the funds is the Flood Control Zone District fund and the approved 2009 budget includes an allocation for this work. This contractor was selected as a sole source provider as this work is essentially a continuation of work already performed by them. As the developer of both the modeling software and the Nooksack River hydraulic model, they are uniquely qualified to provide this scope of services. Please contact Paula Cooper at extension 50625, if you have any questions or concerns regarding the terms of this agreement. Encl. WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. 0?oo9/vvoq Originating Department: Public Works Contract Administrator: Paula Cooper Contractor's /Agency Name: Linsley, Kraeger Associates, Ltd. 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 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 No If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $1 S, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $_25.000 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. $_25.000 Scope of Services This professional services agreement provides for calibration of the Lower Nooksack River hydraulic model to the January 2009 flood event, and technical assistance to County Staff as needed. Term of Contract. Not to exceed Expiration Date: December 31, 2009 Contract Routing Steps & Signoff [sign or initiall [indicate date transmitted 1. Prepared by: James Lee Date_10-5-09 [electronic] 2. Attorney reviewed: Daniel L. Gibson Date 10-7-09 [electronic] 3. AS Finance reviewed. Date /D electronic] 4. IT reviewed if IT related Date [electronic] S. Corrections made: 6. Attorney signoff.• Daniel L. Gibson _ Date [electronic] Date 10-7-09 7. Contractor signed. Date 8. Submitted to Exec Office Date [summary via 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 hard copy printed electronic; hardcopies] a Whatcom County Contract No. �DO�'1/O DOc/ CONTRACT FOR SERVICES AGREEMENT FEQ Model Calibration to the January 2009 Flood Event Linsley, Kraeger Associates, Ltd. , hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 1 to S Exhibit A (Scope of Work), pp. 9 to 9 Exhibit B (Compensation), pp. 10 to 10 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 day of October , 2009, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of December , 2010. The general purpose or objective of this Agreement is to: calibrate Lower Nooksack River FEQ model to the January 2009 flood event, 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 $ 25,000 . 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 ±L day of 06 , 2009. CONTRACTOR: Linsley, Kraeger Associates, Ltd. 0,0-& 1 Clot Delbert D. Franz, Vice President STATE OF Wi GHM ) Co�l� 1 t ) ss. COUNTYOF 15AmAg C607 ) l�lbe�- D- rr��lz On thisl2 day of 0C M , 2009, before me personally appeared to me known to be the (title) of (Company) and who executed the above instrume t amd who ackno d o�the�olslnin�g and sealing thereof. N TARY PUBLIC in and for the State of J�ing t 1K�A.lTitr,Cl�. My commission expires K. C. 060t4 COMM. N0.18581091 `NOTARY PUBLIC— CALIFORNIA COUNTY OF SANTA CLARA COMM. EXPIRES AUG...�� 0� Contract for Services Agreement FEQ Model Calibration to January 2009 Flood Event v 1.0 Page 1 91 VVHATCOM COUNTY: necomm nded for Approval: !department Director Date Ap roved as to form: / Prosecuting Attorney Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 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: Linsley, KraeaerAssociates, Ltd. (Type in Name of Contractor/Firm) Delbert D. Franz (Type in Name & Title of Signatory Authorized by Firm Bylaws, if applicable) Address: 752 Ormonde Drive Mountain View, CA 94043 Mailing Address: 752 Ormonde Drive Mountain View, CA 94043 Contact Name: Delbert Franz Contact Phone: (650) 964-5489 Contact FAX: (650) 964-1478 Contact Email: ddfQiodotdt.com Contract for Services Agreement FEQ Model Calibration to January 2009 Flood Event v 1.0 Page 2 92 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: Not Applicable 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29. Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: Contract for Services Agreement FEQ Model Calibration to January 2009 Flood Event v 1.0 Page 3 93 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 of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/sheAt maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: Contract for Services Agreement FEQ Model Calibration to January 2009 Flood Event v 1.0 Page 4 E 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: 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. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: Not Applicable 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. Contract for Services Agreement FEQ Model Calibration to January 2009 Flood Event Page 5 v 1.0 95 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: Not Applicable 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. 35.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Paula Cooper, P.E., River & Flood Manager 322 N. Commercial St. Suite 120 Bellingham, WA 98225-4042 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. Contract for Services Agreement FEQ Model Calibration to January 2009 Flood Event v 1.0 Page 6 0 38.1 38.1 Certification of Public Works Contractor's Status under State Law: Contractor certifies that it has fully met the responsibility criteria required of public works contractors under RCW 39.04.350 (1), which inlcude: (a) having a certificate of registration in compliance with RCW 18.27; (b) having a current state unified business identifier number; (c) if applicable, having industrial insurance coverage for its employees working in Washington as required in Title 51 RCW, an employment security department number as required in Title 50 RCW, and a state excise tax registration number as required in Title 82 RCW; and (d) not being disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). 38.2 Certification Regarding Federal Debarment, Suspension. Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: The Contractor further certifies, by executing this contract, that neither it nor its principles is presently debarred, suspended, proposd for debarment, delcared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. The Contractor also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between the Contractor and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and the Contractor agrees to include this clause titled "Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. The "General Service Administration List of Parties Excluded from Federal Procurement or Non -procurement Programs" is available to research this information at http://epls.amet.gov/. 38.3 E-Verify: This contract is funded with Federal funds thus requiring the participation in E-verify. Contractor/Seller represents and warrants that it will ensure its compliance with the Federal Executive Order 12989, as amended on June 26, 2008 and will register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Whatcom County. As used herein, "status verification system" means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. Contractor/Seller agrees to maintain records of such compliance and, upon request of the County, to provide a copy of each such verification to the County. Contractor/Seller further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. Contractor/Seller understands and agrees that any breach of these warranties may subject Contractor/Seller to the following: (a) termination of this Agreement and ineligibility for any Whatcom County contract for up to three (3) years, with notice of such cancellation/termination being made public, or (b) the loss of any license, permit, certification or other document granted to Contractor/Seller by an agency, department or County entity for the right to do business in the County of Whatcom for up to one (1) year, or (c) both. In the event of such termination/cancellation, Contractor/Seller would also be liable for any additional costs incurred by the County due to contract cancellation or loss of license or permit," Series 40-49. Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments. Warranties and Representations: Not Applicable 41.1 Severabili : If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Contract for Services Agreement FEQ Model Calibration to January 2009 Flood Event Page 7 v 1.0 97 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. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Agreement FEQ Model Calibration to January 2009 Flood Event v 1.0 Page 8 EXHIBIT "A" (SCOPE OF WORK) Task 1 — FEQ Model calibration to the January 2009 flood event This work will include reviewing the high water marks and the continuous stage data from pressure transducers located throughout the lower Nooskack River floodplain and adding the data to the files used by FEQ. This work will also include processing the flow and stage data at the USGS gages at Ferndale, Everson, Cedarville, Fishtrap Creek and Anderson Creek. Modeling runs will be completed to compare simulated results to observed results. Model refinements will be made as necessary to aid in the calibration effort. This task also includes preparing a report summarizing the calibration results. Task 2 — Visit to Whatcom County This task includes a 5-day trip to Whatcom County to finalize the calibration work on reaches 2 to 5 of the Lower Nooksack River FEQ model. Task 3 — Technical Assistance This task includes providing technical support to Whatcom County staff on modeling issues as requested by Whatcom County. Contract for Services Agreement FEQ Model Calibration to January 2009 Flood Event v 1.0 Page 9 99 EXHIBIT "B" (COMPENSATION) COST ESTIMATE TASK TASKDESCRiPT10N HOURS SUBTASKCOST Task 1 FEQ Model calibration to Jan 2009flood 1.1 Processing HWM's and diver data 24 $3,600 1.2 Model refinements as needed during calibration 24 $3,600 1.3 Interpreting modeling results 24 $3,600 1.4 Model documentation and report writing 10 $1,500 Task 2 Visit to Whatcom County 2.1 Visit to Whatmm County to finalize calibration of reaches 2to 5 40 $6,000 (1-trip for 5-days) Task 3 Technical Assistance 3.1 Ongoing technical assistance as needed 44 $6,600 TOTAL $25,000 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 above. These rates may be adjusted with the County's approval annaully. Other reasonable expenses incurred in the course of performing the duties herein shall be reimbursed as described here: . Mileage will be reimbursed at IRS rate "lodging and per diem reimbursement will be a to rate not to exceed the GSA rate for location services are provided . Reimbursement for air travel will be at coach rates • Materials purchased and equipment rented specifically for the projectshall be reimbursed at a cost plus 85% . Other expenditures such as outside printing, postage and in-house reproduction shall be reimbursed at actual cost • In-house computer usage and domestic and long distance telephone charges shall be at no cost Contractor will invoice monthly. Invoices will include hours worked by employee by day together with tasks accomplished. Requests for reimbursement of expenses must be accompanied by copies of paid invoices itemizing costs incurred. Costs of alcoholic beverages are not eligible for reimbursement. Compensation shall not exceed the contract amount. Any work performed prior to the effective date ofthis contractor continuing after the completion date of the same unless otherwise agreed upon in writing, will beat the Contractor's expense. Contract for Services Agreement FEQ Model Calibration to January 2009 Flood Event V 1.0 Page 10 100 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-403 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: K. Christensen Ci �d O I0/27109 Financel Originator: iV � ^ ^ � � �, V n � D luFRI E Il( " Council J. Hutchings Division Head: OCT 2 0 2009 t. Head: Dept.F %6 � D. Gibson Prosecutor: d[ I0/08/09 WHATCOM COUNTY B. Bennett bb I0/08/09 Purchasin /Bu a COUNCIL P. Kremen S�L VK 0 aQ Executive: I TITLE OF DOCUMENT. Silver Beach Watershed—Stormwater Facility Retrofits ATTACHMENTS. 1. Memo 2. Contract Information Sheet 3. Contract and related 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 requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Improvement of the water quality of Silver Beach Creek has been identified as a top priority to reduce phosphorus, bacteria, and sediments entering Lake Whatcom. As part of the NPDES Phase II Permit implementation, Whatcom County recently compiled descriptive data and GIS mapping of private stormwater facilities in the watershed. Results indicate that many private stormwater facilities lack adequate design and/or maintenance to reduce phosphorous and fecal coliform loading in stormwater. The consultant will evaluate and inspect all seven stormwater facilities in the Silver Beach Creek watershed. Utilizing this data, they will produce an engineering pre -design report for the seven facilities. The consultant will then develop final plans, specifications, and estimates for two of the facility retrofits. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #. Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. wwwco.whatcom.wa.us/counciL 101 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director TO: THROUGH: FROM: RE: DATE: MEMORANDUM The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Council Frank M. Abart, Public Works Director Jon Hutchings, Ph.D., Assistant Director Kirk N. Christensen, P.E., Stormwater Manager Wc__ STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcomcounty. us RECEIVED OCT 16 2009 PETE KREMEN COUNTY EXECUTIVE Contract for Services Agreement with Wilson Engineering, LLC, for Silver Beach Watershed—Stormwater Facility Retrofits October 9, 2009 Enclosed for your review and signature are two (2) originals of the contract between Wilson Engineering, LLC, and Whatcom County for the Silver Beach Watershed—Stormwater Facility Retrofits. ■ Background and Purpose Improvement of the water quality of Silver Beach Creek has been identified as a top priority to reduce phosphorus, bacteria, and sediments entering Lake Whatcom. The City and County are working jointly on the Silver Beach demonstration project to implement best management practices and other innovative approaches to improve the creek's water quality. As part of the NPDES Phase II Permit implementation, Whatcom County recently compiled descriptive data and GIS mapping of private stormwater facilities in the watershed. Results indicate that many private stormwater facilities lack adequate design and/or maintenance to reduce phosphorous and fecal coliform loading in stormwater. The consultant will evaluate and inspect all seven stormwater facilities in the Silver Beach Creek watershed. Utilizing this data, they will produce an engineering pre -design report for the seven facilities. The consultant will then develop final plans, specifications, and estimates for two of the facility retrofits. Wilson Engineering, LLC, was chosen through a competitive selection process. ■ Funding Amount and Source The project amount of $49,767 will be funded through the 2009 Public Works-Stormwater base budget (123201). Please contact Kirk Christensen at extension 50209 if you have any questions or concerns regarding the terms of this agreement. Enclosures 102 WHATCOM COUNTY CONTRACT INFORMATIONSHEET Whatcom County Contract No. 02009 /v oto Originating Department: Public Works-Stormwater Contract Administrator: Kirk Christensen, Stormwater Manager Contractor's /Agency Name: Wilson Engineering, LLC 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 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) Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $1 S, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $_49, 767 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 Improvement of the water quality of Silver Beach Creek has been identified as a top priority to reduce phosphorus, bacteria, and sediments entering Lake Whatcom. As part of the NPDES Phase II Permit implementation, Whatcom County recently compiled descriptive data and GIS mapping of private stormwater facilities in the watershed. Results indicate that many private stormwater facilities lack adequate design and/or maintenance to reduce phosphorous and fecal coliform loading in stormwater. The consultant will evaluate and inspect all seven stormwater facilities in the Silver Beach Creek watershed. Utilizing this data, they will produce an engineering pre -design report for the seven facilities. ,The consultant will then develop final plans, specifications, and estimates for two of the facility retrofits. Term of Contract: Expiration Date: 1213112010 Contract Routink Steps & Sienoff.- fsien or initial? (indicate date transmitted 1. Prepared by: Remy Stratton Date_1017109 [electronic] 2. Attorney reviewed: Daniel L. Gibson Date 10108109 [electronic] 3. AS Finance reviewed: bbennett Date 10108109 (electronic] 4. IT reviewed if IT related Date [electronic] S. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff. Daniel L. Gibson Date 10108109 7. Contractor signed: ,� Date 10- y - o 9 8. Submitted to Exec Office i Date to-/( 9. Reviewed by DCA Date o - p 5 [summary via electronic; hardcopiesJ 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 103 Whatcom County Contract No. IJNT ORIGINAL -)O o ii too io Co CONTRACT FOR SERVICES AGREEMENT SILVER BEACH WATERSHED—STORMWATER FACILITY RETROFITS WILSON ENGINEERING LLC , 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 11 Exhibit B (Compensation), pp. 12 to 13 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 28th day of October , 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 to: assist with tasks for the Silver Beach Watershed—Stormwater Facility Retrofits project , 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 FORTY-NINE THOUSAND, SEVEN HUNDRED AND SIXTY-SEVEN DOLLARS and NO/100 ($49 767.00). 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 120 CONTRACTOR: WILSON ENGINEERING, LLC MargaiW Curtis, P.E., Managing Member STATE OF WASHINGTON ) ss. COUNTY OF On this 6� day of ©CA , 20Sa before me personally appeared Margaret Curtis, P.E., tome known to be a Managing Member of Wilson Engineering, LLC, and who executed the above instrument and who acknowledgedTo—m the act of signing and sealing thereof. C % NOTARY PLI IC in krid for the State of Washington, residing at 1EQ erSasr\ My commission expires 2 g Zo L l- -i P* '� �e �rot Contract for Services Agreement Silver Beach Watershed—Stormwater Facility Retrofits Page 1 104 v 1.0 WHATCOM COUNTY: Recommended for Approval: Frank M. Abart Date Public Works Director Approved as to form: kan'AX.. i 0 /12j(" 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. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: WILSON ENGINEERING Margaret Curtis, P.E., Managing Member Address: 805 Dupont Street, Suite 7 Bellingham, WA 98225 Contact Name: Andrew Law, P.E. Contact Phone: 360.733.6100 Contact FAX: 360.647.9061 Contact Email: alaw@wilsonengineering.com Contract for Services Agreement Silver Beach Watershed—Stormwater Facility Retrofits Page 2 105 v 1.0 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 defaults) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: 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 as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate Contract for Services Agreement Silver Beach Waters h ed—Stormwate r Facility Retrofits Page 3 106 v 1.0 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 Withholdinq 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 famished 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 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. Contract for Services Agreement Silver Beach Watershed—Stormwater Facility Retrofits Page 4 107 v 1.0 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. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: Contract for Services Agreement Silver Beach Watershed—Stormwater Facility Retrofits Page 5 108 v 1.0 The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, 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/herfits 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. 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Contract for Services Agreement Silver Beach Watershed—Stormwater Facility Retrofits Page 6 109 v 1.0 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. 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment, Suspension. Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: Not Applicable 38.3 E-Verify: Not Applicable Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: 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. 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: Contract for Services Agreement Silver Beach Watershed—Stormwater Facility Retrofits Page 7 1 1 0 v 1.0 The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom, This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3, 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Agreement Silver Beach Watershed—Stormwater Facility Retrofits Page 8 111 v 1.0 Exhibit A Wilson Engineering, LLC Scope of Work Silver Beach Watershed - Stormwater Facility Retrofits Whatcom County recently compiled descriptive data and prepared GIS mapping of private stormwater facilities as part of the NPDES Phase II Permit implementation. This included seven facilities in the Silver Beach Creek portion of the Lake Whatcom watershed. The work proposed herein for these seven private stormwater facilities will be a substantial component of the Low Impact Development (LID) Individual Homeowner Retrofit/Silver Beach demonstration project. The scope of this contract includes: • Inspection and evaluation of private stormwater facilities, • assistance with data management for stormwater facility inspections, • engineering design of two retrofit locations, and The work described above and in the following sections constitutes services to be provided by Wilson Engineering to the County for these goals. TASKS The Consultant's work will be organized into three tasks as outlined below. Tasks 1 and 2 will be performed comprehensively considering all seven Silver Beach stormwater facilities. Task 3 will be for design of two facility retrofits. Consultant provides herein a scope of work and fee estimates for evaluation and pre -design of seven facilities and for design of two facility retrofits that may be constructed during the summer of 2010. Task 1. Private Stormwater Facility Inspection and Evaluation Task 2. Engineering Pre -design Report for Proposed Facility Retrofits Task 3. Plans, Specifications, and Cost Estimates for Two Facility Retrofits SCHEDULE AND BUDGET Work will be completed by the spring of 2010. The attached Exhibit B (spreadsheet) gives the basis for the not -to -exceed estimate of $49,767 for these professional services. All work will be performed on a time and materials basis at the personnel and equipment rates shown in Exhibit B-1. TASK 1. PRIVATE STORMWATER FACILITY INSPECTION AND EVALUATION Subtask 1.1 This subtask involvestetting the project underway, obtaining copies of final data and documents developed under Phase 1, and meeting with County staff. Consultant shall assimilate existing data for up to seven potential facility retrofits in the Silver Beach area including: 1) Whatcom County GIS stormwater database for the Silver Beach area, 2) private facility as -built drawings (assume seven in Silver Beach), 3) private facility stormwater design reports (assume seven in Silver Beach). Contract for Services Agreement -Exhibit A, Scope of Work 112 Silver Beach Watershed—Stormwater Facility Retrofits Page 9 Consultant shall meet with City of Bellingham stormwater staff (Bill Reilly and/or Anthony Freeman) to discuss their relevant experiences with stormwater retrofits of the type envisioned for the Lake Whatcom watershed. Subtask 1.2 For the selected seven facilities, compile and organize data on 1) ownership information, 2) contributing basin area and percent impervious area, 3) detention system size, 4) treatment system size, treatment system type and treatment goals (e.g., basic, enhanced, etc.), and pretreatment type for the purpose. Subtask 1.3 Prepare a template Inspection and Evaluation Form upon which to record meaningful information from a physical inspection of each facility envisioned for potential retrofit (Deliverable). Subtask 1.4 Identify water quality sampling protocols (sampling locations, timing, frequency, and water quality parameters and costs) which may be required in order to evaluate performance of each facility (up to seven in Silver Beach). Monitoring is not currently included in this scope of work (Deliverable). Subtask 1.5 Inspect up to seven private stormwater facilities in Silver Beach twice, once on a dry weather occasion and once during a rain event expected to exceed the 6-month, 24-hour rainfall intensity. Record findings on template forms (Deliverable). TASK 2 ENGINEERING PRE -DESIGN REPORT FOR PROPOSED FACILITY RETROFITS Subtask 2.1 Consultant shall compile information on the latest best available science for enhanced stormwater phosphorus treatment, as typical stormwater treatment technologies do not necessarily meet County's phosphorous removal goals. Subtask 2.2 Consultant shall perform engineering review of inspection reports, complete performance evaluation of facilities, estimate existing phosphorus treatment level, and provide a preliminary assessment of what appropriate retrofitting could be performed to enhance phosphorous removal and sequestration and fecal coliform removal and correct any other operational problems observed. This task requires experienced understanding of appropriate retrofit technologies and/or processes and what may be physically and financially practical to implement at each site. Subtask 2.3 Consultant shall coordinate with County for additional budget authorization if geotechnical consulting is necessary for any retrofit. Geotechnical consulting is not currently included in this scope of work. Subtask 2.4 Consultant will prepare a brief pre -design engineering report summarizing suggested enhancements at each site. Effort shall include identification of permits likely required per site. (See deliverables section) Subtask 2.5 County Stormwater Division staff shall review the Pre -design Report with the Consultant and determine which facility will be enhanced and to what degree in light of County budgets, priorities, and permitting required. The results of Subtask 2.5 will determine the order of priority of projects to be undertaken, with two retrofits in summer 2010 and others in future years. County will furnish this instruction in written form in an Addendum to the Consultant's Pre -Design Report. (County deliverable) Contract for Services Agreement -Exhibit A, Scope of Work 1 1 3 Silver Beach Watershed—Stormwater Facility Retrofits Page 10 TASK 3. PLANS, SPECIFICATIONS AND COST ESTIMATES FOR FACILITY RETROFITS Subtask 3.1 Coordinate with County surveyors to have County staff perform topographic surveys as necessary to prepare construction plans for two retrofits. (Wilson Engineering, LLC, can alternatively provide this service if budget is provided.) Subtask 3.2 Coordinate with County surveyors to have County staff perform boundary research and confirmation surveying to determine if sufficient easement or right-of-way is available without additional acquisitions for two retrofits. (Wilson Engineering, LLC can alternatively provide this service if budget is provided.) Subtask 3.3 Prepare engineering plans, specifications, and pre -bid cost estimates for two facility retrofits as one bid package, assuming retrofits will be publicly advertised and bid in the spring of 2010, precedent to anticipated construction during the Lake Whatcom watershed work window of June 1 to September 30. DELIVERABLES FOR SCOPE OF WORK: Subtask 1.2 Facility Ownership Information Subtask 1.3 Facility Inspection Template Subtask 1.4 Water Quality Monitoring Protocol Subtask 1.5 Facility Inspection Reports Subtask 2.4 Engineering Pre -design Report for seven retrofit sites (hard copy and pdf electronic copy) Subtask 2.5 Written Summary of County Decision on 2010 Implementations Subtask 3.3 Plans, specifications, and pre -bid cost estimate for two facility retrofits Contract for Services Agreement -Exhibit A, Scope of Work 114 Silver Beach Watershed—Stormwater Facility Retrofits Page 11 w 00 m co w N d 00 N tD C ��O (.0D d O N � Ql 00 d N Ln Yvi al O N 00 ^ ^ Ln 0)koko M ri Lri Ln o 06, v N 7 d' N c}' Y O d' CD O YO N i.+ 00 tD al vi al ~ fN = 00 M c-I Ill al Ln r-I O N 3vv NC3 3 N 3 bO C 00 N L O 00 00 i N ice/} o u O n N > dM 0 C) U tom). 4w Q O U 00 .v w c C) a rn > _2 o a, o N O a a Ln Y 00 00 00 00 Lr c4 H T j O _ C F- LU OfD N 00 00 N 00 V} ri V' rN-1 N -J LL V) LU In o o m C) a LU v ,. 0 ei LD 00 0000 N LnNA 00 ei N N Ln C LU L CL a) O O •U C C N N N KT r-L � G Lu C cc O >. U 0 m `O LC A y +�+ l6 Ln D j C O C O C I^ a) 4, `� 0 CL ad: o CL c`0 N LL Q C O Q Q « a E c a m u CL oNi 03 v C) N a+0 OCD L"'^ Q (n O 3 E 4 v o u '� o a, 3 E ,,: 7 N _ C C Y VI 3 61 {/i JL p N C X Y 13 C .(0 > T +_ . o •> U C u. a) E a) ` Y a) C c; 4 () LL a.. O J L a ," E M L 'OD �� `ti O m � aon '^ N 1 H ` U Q U c N (� = 4O.. Q N C Q 2 :t " ^ 0 � .0 +T+ >, � O1 C o: $moo Mcl: a'�.CL = u 'a'.�o LU},� E^ uJ F-�-- p o�-� '� n c u a+*h� > u u• aaj w c a0 W Z a O C CJ Lo O al tio M ,n v N Q N N vL 3 01 O) cc Y m Y ° a) O C7 = hLL. .3 c v Y �; u Ln c Ln « .. Z u w u a 3 ai fl E La °) .� n e 'tj L a� o T a, 0 a, > M a, °o Z °o o Ln W ui S o. o on 41 U ,}o C a, W L N c E ,� o a to C W C Z m O o: — a W a E a 0 rh Q Q t\ (D a L\ cr a Li U L�iL U u a NuiJ_ V y N r I N M d Ln N ri N M d Lf 1 N e1 N M LL rI rI c-i rI �i N N N N N N M M co ') N C m� LL u� G °f vm Q z aD (24 � a cc a a U V: Exhibit B-1 Compensation 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 below. Compensation for engineering, planning, surveying, and design professional services for the Silver Beach Area Stormwater Retrofit project shall be for time and expenses not to exceed $49,767 as outlined below and in Exhibits A and B based on work performed in satisfactory fulfillment of all items listed and receipt of deliverables. Work performed by Contractor after October 1, 2009, and prior to the signature date of this contract is included in this contract. Work continuing after the completion date of this contract shall be at the Contractor's expense unless otherwise agreed to in writing. In no event shall total compensation paid to Contractor by the County under this contract exceed $49,767 for engineering, planning, surveying and design professional services for the Silver Beach Area Stormwater Retrofit project unless the contract is modified in this regard and such amendment executed in writing by the parties hereto. Where professional services are provided on an hourly basis, the following rates shall apply to cover salaries, taxes, insurance, administration, general overhead, and profit: Classification Hourly Rate Principal Engineer, PE $140 Senior Project Engineer, PE $115 Project Engineer, PE $105 Design Engineer, EIT $90 GIS Analyst $88 CAD Design Technician $68 Clerical $50 Inspector $70 Professional Land Surveyor $105 Survey Technician $88 2 Person Survey Crew (conventional) $143 GPS Survey Crew $162 3 Person Survey Crew (conventional) $182 Sub -consultants - reimbursed at cost plus 5% Direct expenses (reimbursed at cost plus 5%) include but are not limited to) the following: Reproduction of drawings and construction documents Postage and shipping Specialized Equipment Rental, at rental rate (Submission of the above personnel rates should not be construed as a proposal to perform a set scope of work for a particular monetary sum unless accompanied by a detailed estimate of personnel time by discipline which would be required to perform said work.) Contract for Services Agreement -Exhibit B-1, Compensation - 116 M.,,,,,L, IA, F .n4 J C+nrmuiofor G—M+„ Rc+rr%fi+c Page 13 EXHIBIT "Cr ACORD. CERTIFICATE OF LIABILITY INSURANCE 10/6/20 s' PRODUCER (360) 734-1161 FAX: (360) 734-1173 Rice Insurance LLC 1400 Broadway P.O. Box 639 Bellingham WA 98227 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Wilson Engineering LLC 805 Dupont Street Suite #7 Bellingham WA 98225 I INSURERA: Liberty Northwest INSURERS:Seabright Iris Co INSURERC: INSURER D: INSURERE: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AN REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY (MMIDD TY) LIMITS GENERAL LIABILITY EACH QCCURRENCE $ 1,000,000 DAMAGE TO EaEocccurrrence $ 100,000 A X X COMMERCIAL GENERAL LIABILITY CLAIMSMADE � OCCUR C0316SB97 4/1/2009 4/1/2010 MEDEXP (Any one arson $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEHLAGGREGATE LIMIT APPLIES PER PRODUCTS- MP/OP AGG $ 2,00.0,000 J T LOC F1POLICYF_x1 C AUTOMOBILE X LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULED AUTOS C03165897 4/1/2009 4/1/2010 BODILY INJURY (Per accident) $ X X HIRED AUTOS NON-OWNEDAUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN FAACC $ ANYAUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE OCCUR CLAIMS MADE $ DEDUCTIBLE RETENTION A WORKERS COMPENSATION AND - WC STATU- OR - EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEF $ 1,000,000 OFFICER/MEMBEREXCLUDED? C03165897 4/1/2009 4/1/2010 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 B OTHER BB3060076 1/9/2009 1/9/2010 EA ACCIDENT $100,000 USL&H POLICY LIMIT $500,000 DISEASE EA EMPLOYEE $100,000 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Whatcom County Public works is named as additional insured RE: Silver Beach Watershed--Stormwater Facility Retrofits (360)715-7451 rstratto@co.whatcom.wa.us Whatcom County Public Works Stormwater Copper Building 2011 Young Street Suite 201 Bellingham, WA 98225 ACORD 25 (2001108) ImQn79 loin., no, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORIZED REPRESENTATIVE Ron Thorneycroft/AJJ © ACORD CORPORATION 1988 PanP 1 of 9 Contract for Services Agreement -Exhibit C, Certificate of Insurance 117 QIl,rcr Raarh \A/afarch,=H--qtnrmwatar Far�ilifv Retrofits Page 14 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-404 CLEARANCES Initial Date Date Received in Council O cce Agenda Date Assigned to: Originator: 10/16/09 nU V ED Lill � lr � 0 �y� OCT 2 U 2W9 10/27/09 Finance/Coup Division Head. Dept. Head WHATCOM COUNTY COUNCIL Prosecutor. Purchasin 1 10/16/09 Executive: 10 --V-0 TITLE OPDOCUMENT. Approval to Snow & Ice Control Products ATTACHMENTS: Memos from Finance and Public Works 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.) Public Works Maintenance & Operations is requesting annual approval to purchase their annual 2009, 2010 supply of snow and ice control products using Washington State Contract. It is anticipated that expenditures could be more than $35,000 if the county were to have cold weather. This is a regularly budgeted expenditure and all purchases are based on actual need. 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. ii 118 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: 16 October 2009 �GOM CO 3�P G A ING'f0t� TO: Pete Kremen, County Executive FROM: Brad Bennett, AS Finance Manager FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa. us SUBJECT: Approval to Purchase Snow & Ice Control Products for 2009-10 Background & Purpose BRAD BENNETT Manager Public Works Equipment Services is requesting approval to use the Washington State contract to purchase their annual supply of various types of snow & ice control products to de-ice county roads as needed. The contract lists various vendors. Product is purchased on an as needed basis. Depending on weather, expenditures could exceed $35,000.00. • Funding This is a regularly budgeted item and funds exist in the upcoming budget. I concur with this recommendation. %,i��� Manager 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 M (360) 738-45Ti 9 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM 901 W. Smith Road Bellingham, WA 98226 Phone (360)676-6759 Fax (360) 380-8115 Eric L. Schlehuber, Division Manager TO: Brad Bennett, AS Finance Manager THROUGH: Frank M. Abart, PW Director FROM: Eric L. Schlehuber, PW Equipment Services Manager CV'1A Mary A. Green, PW Maintenance & Operations Superintendent RE: State Bid Contract #02708 (Snow & Ice Control Products) DATE: October 8, 2010 ■ Requested Action am requesting Executive and Council approval to purchase the following material as needed for the remainder of 2009 through 2010 (current state contract extension is for the period of 08/18/08 through 06/30/10) from the Washington State Bid Procurement List: ' t , I�ATERIAL' SCAT-E CONTRACT #: E�Xt�'I'�1`�ON DASTE �� ;, F , � 4 e EXPE�b�'T Snow & Ice Control Products 02708 30-Jun-10 Excess of $35,000 This state contract has been awarded to LTI, Inc. in Lynden, Washington and is the local authorized dealer in the northwest region for road salt (PNS Category 8). ■ Background and Purpose The Maintenance & Operations Division of the Public Works Department will use this material regularly to de-ice county roads during the winter season. This agreement is for the purpose of providing undried road salt to be used on county roads as needed. ■ Funding Amount and Source These are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2009-2010 Budget process. Based on prior and estimated usage it is anticipated that total expenditures will exceed $35,000 and therefore requires Whatcom County Council approval. Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the December 8, 2009 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 120 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 20.09-405 CLEARANCES Initial Date . _ Date Received. in Council O ice Agenda, Date ASSi ned to: originator• 9/30/09. 10/27/09 Finance/Conn E J V D - i?iRE( Division Head:. - 0CT. 2 0 2009 WHATCOM COUNTY Ae Prosecutor_ Purchasi B et: . 9/30/09 . COUNCIL Executive: . TITLE FOOCUMENT: Bid 09-47 Additional Cooling in Computer Room ATTACHMENTS: Memos from Finance and Facilities Mana ement 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 WV60AG E: (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.) Facilities Management is requesting approval to award the bid and enter into a contract for the installation of additional cooling equipment in the Courthouse Computer Room. Two bids were received and Facilities Management would like to award to the low bidder, Andgar Corporation in the amount of $82,677.00. This is a planned project and funds were approved in the current budget, ASR2009-4038 with additional funds transferred from a project that came in under budget and a pending supplemental budget request. 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. it 121 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: 30 September 2009 FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager TO: Pete Kremen, County Executive FROM: Brad Bennett, AS Finance Manger SUBJECT: Award of Bid 09-47 install Additional Cooling Equipment in the Computer Room • Background & Purpose Bids were advertised for the supply and installation of additional cooling equipment in the Courthouse Computer Room. Two bids were received on Tuesday July 14 and are noted below: Facilities Management is requesting approval to award the bid and to enter into a contract with the low bidder, Andgar Corporation for a total amount of $82,677.00. • Funding The project was approved in the current budget in ASR 2009-4038 in the amount of $35,000.00. Facilities Management is transferring $8,000.00 from the Catwalk Project and has a pending request in the current supplemental budget request, with $20,000 being transferred from the IT budget and $19,670.00 transferred from the 6th floor roofing project. Upon approval of the Supplemental Budget, I concur with this recommendation. AS Finance Manager 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 M (360) 738-45T22 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 MEMO TO: Brad Bennett, Finance Manager FROM: Michael Russell, Facilities Manage - DATE: September 29, 2009 FACILITIES MANAGEMENT Lottie Street Annex 316 Lottie Street Bellingham, WA 98225-4010 Facilities@co.whatcom.wa.us MICHAEL RUSSELL Facilities Manager RE: Recommend to Accept Bid Award #09-47— Additional Cooling in Computer Room On Tuesday, July 14, 2009 two bids were received in response to Whatcom County Bid #09-47, Additional Cooling in Computer Room. The following bids were received: Base Bid Option #1 ✓ Andgar Corporation in the amount of: $82,677.00 $6,987.40 ✓ Blythe Plumbing & Heating in the amount of: $93,967.51 $4,123.00 Andgar Corporation met all of the required specifications for performing the work required for this project. It is the recommendation of this office that the low base bid of #$82,677.00 submitted by Andgar Corporation be accepted. Funding for this project is provided from: ASR #2009-4038 2009 current Budget $35,000 Transfer from Courthouse Catwalk Project $ 8,000 We have a supplemental budget request pending approval to transfer the funds from: IT Budget $20,000 6th Floor Roofing Project $19,670 If you need additional information, please contact me at extension 50575. 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 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 M (360) 738-455123 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-39 6 CLEARANCES Initial Date Date Received in Council O cce A enda Date Assigned to: PK 101609 10127109 Nat Res Originator: rR E C E� V E D Presentation Division Head: OCT 2 0 2009 Dept. Head: WHATCOM COUNTY Prosecutor: COUNCIL Purchasing/Budg et., Executive: Q� TITLE OF DOCUMENT: Presentation by Bill Wallace, DNR NW Region Manager and Jeff Grizzel, DNR Geologist/Hydrologist on Landslides from State Forest Trust Lands during January 2009 Storm ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you 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.) Presentation from be Bill Wallace, DNR NW Region Manager and Jeff Grizzel, DNR Geologist/Hydrologist on Landslides from State Forest Trust Lands during January 2009 Storm 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.waus/council. 124 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 — 52 F CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 9/22/2009 9/29/2009 Planning Division Head. 10/06/2009 13 ecial P & D eeting Dept. Head. 10/13/2009 Planning 10/20/2009 Planning Prosecutor: 10/27/2009 Planning Purchasin Bud et: Executive: TITLE OF DOCUMENT. UGA Council Deliberations 9/18 - forward 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.) UGA Council Deliberations 9/18 - forward COMMITTEE ACTION. • COUNCIL ACTION.• 9/29/2009: Discussed. Schedule a special meeting Oct. 6 (Lynden, Birch Bay, Blaine & Columbia Valley) at 9:30 am Confirm with Rebecca & Laurie. Also special meetings on Oct. 20 in afternoon & all day on Nov. 3 10/06/2009: Discussed. 10/13/2009: Discussed. 10/20/2009: Discussed. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.waus1council. 125 � r4,009 - p5� F CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 To: From: COUNCILMEMBERS Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Bob Kelly L. Ward Nelson Carl Weimer WHATCOM COUNTY COUNCIL Mayors, City Councils and Planners of Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack and Sumas Rebecca Craven, Planning and Policy Analyst, V�� Whatcom County Council Re: Whatcom County Council DISTRIBUTED i0 Planning and Development Committee OCT 2 0 2009 Meeting October 27, 2009 ALL COUNCIL MEMBERS 3 - 5 . p. m . WHATCOM COUNTY COUNCIL Date: October 19, 2009� J The Whatcom County Council Planning and Development Committee will be meeting on October 27, 2009 to consider the Planning Commission's and the Executive's recommendations regarding the 10 4 6M year UGA review. After hearing the cities' proposals and the cities' responses to the Executive's proposal, the Committee has met several times to review information from the administration's staff about each of the UGAs and the Planning Commission's preliminary recommendations. The Committee and other Council members have a number of questions about each of the UGAs, and would like to provide an opportunity for each jurisdiction to respond to them directly. The Committee has set aside time during the meeting to hear From each jurisdiction on the questions set forth in the attached list. There are questions directed to each of the seven cities, and we expect that these responses and any follow-up questions from Council members will be completed no later than 4:30 p.m. Please plan on no more than 10 minutes to present your responses, and that should allow some time for follow-up discussion. This invitation is being distributed to the GMCC list and to the Planning Directors. Please distribute it within your jurisdiction so that all elected officials are aware of the invitation. Thank you. C: Whatcom County Council David Stalheim, PDS Director Phone: (360) 676-6690 TTY: (360) 738-4555 FAX: (360) 738-2550 126 Urban Growth Area Consultation Questions for Cities Bellingham Executive recommendation: The Whatcom County Executive recommended removal of the Urban Growth Area in the Lake Whatcom watershed, placement of the area within the Lake Padden watershed in an Urban Growth Area Reserve, and requested that the city plan for an additional 4,441 people. County Planning Commission initial recommendation: The Whatcom County Planning Commission has recommended that the areas within the Lake Whatcom Watershed be put back into the Urban Growth Area, but with a policy and regulations that ensure that development in the watershed does not occur at urban densities. In a split vote, the Planning Commission concurred with the Executive's recommendation regarding Lake Padden Watershed area being removed from the Urban Growth Area. County Council Committee questions: The County Council Planning and Development Committee has questions about these issues and would appreciate a response from the city: 1. Lake Whatcom Watershed. Both the city and county appear to have comparable regulations to protect water quality. The county has an updated shoreline master program that meets new state guidelines; the status of the city shoreline guidelines is not known. Both jurisdictions agree to protection of the watershed, but the question is which jurisdiction should govern. Our questions to the city are: a. Would the city agree to annex the watershed areas by a specific date, and if annexation does not occur, that they are removed from the Urban Growth Area? If so, what would be the date that the city target date for annexation be? b. If the city annexes the area within the watershed, what assurances can the city provide that non -urban densities will be implemented and that your regulations, including shorelines offer the same level of protection as Whatcom County's? 2. Lake Padden Watershed. Considerable input has been received from the School District, property owners and citizens about removal of the portion of the Urban Growth Area in the Lake Padden Watershed. The City agreed with the County Executive's recommendation to place it in an Urban Growth Area Reserve, recognizing that the city would study this issue in the City's 2011 update process. The County Planning Commission has recommended removal of the area and put into a Rural land use category. Our question to the city is: a. Does the city have plans that demonstrate urban facilities and services can be provided within the 20-year planning period for this area, including roads (Yew Street), fire protection, police, stormwater, parks, water and sewer? 3. Dewey Valley. Input has been received regarding removal of Dewey Valley from the Urban Growth Area. This has not been recommended by the county or city, yet the city has denied several annexation requests for this area. Our question to the city is: a. Does the city intend to extend urban facilities and services to this area within the 20-year planning period? Page 1 of 6 127 b. Is this an area that should be divided, with the part which you do not intend to annex being omitted from the UGA? If yes, please identify that area. Blaine Executive recommendation: The Whatcom County Executive recommended removal of the West Blaine Urban Growth Area and inclusion of the area to the east (Odell Street). County Planning Commission initial recommendation: The Whatcom County Planning Commission has supported the County Executive's recommendation for Blaine. County Council Committee questions: The County Council Planning and Development Committee has questions about these issues and would appreciate a response from the city: Odell Street Area. The city has significant excess land capacity for residential development, and expansion beyond the city limits may not be necessary if land use plans are changed. Our question to the city is: a. Is there a way to accommodate the growth planned for the East Blaine area'.in parts of the existing city limits? If not, why? Everson Executive recommendation: The Whatcom County Executive recommended expanding the UGA in an area north along Trap Line Road that is currently designated Agricultural and removal of other lands from the UGA and put back into Agricultural Resource lands. The County Executive also included lands designated as an Urban Growth Area Reserve. County Planning Commission initial recommendation: The Whatcom County Planning Commission has recommended not including the UGA expansion or UGA Reserves. County Council Committee questions: The County Council Planning and Development Committee has questions about these issues and would appreciate a response from the city: 1. Expansion Area. The city has excess land capacity for residential development, yet the city has requested that this area of agricultural lands be included in the UGA. Our questions to the city are: a. Why is this area important to the city to be included in the UGA? b. Is there a way to accommodate the growth planned for Everson without expansion into agricultural areas? If not, is the city willing to work with Whatcom County on an agricultural mitigation program? 2. Urban Growth Area Reserve. What is the city's preference for the area proposed by the Executive as an Urban Growth Area Reserve: as a Reserve or the Planning Commission recommendation to remove that designation? Why? Page 2 of 6 128 Ferndale Executive recommendation: The Whatcom County Executive recommended putting the area between Vista and Malloy, and some areas on the west side of Ferndale into Urban Growth Area Reserve. The County Executive did not include any expansion of the Urban Growth Area as requested by the city after preparation of the Executive's recommendation. County Planning Commission initial recommendation: The Whatcom County Planning Commission has supported the County Executive's recommendation for Ferndale, except that they have removed the areas from Urban Growth Area Reserve and placed it into a Rural land use category. County Council Committee questions: The County Council Planning and Development Committee has questions about these issues and would appreciate a response from the city: 1. Land Capacity. The city's 2005 Buildable Lands Inventory showed that the 20-year supply of potential dwelling units at 5,697 is nearly twice the populations "demand." for dwelling units over that same 20-years. The city has proposed using different assumptions and methodologies for determining land capacity than approved by the Growth Management Coordinating Council and County Council. Questions: a. Why are the conclusions of the city's land capacity analysis done in 2005 not similar to the results that Whatcom County has produced? b. Can you identify specific areas within the county -wide methodology where the County has not included your proposed assumptions? If so, where? 2. Land Demand. The city's request for population and employment allocation were based on a higher county -wide growth forecast in the Draft Environmental Impact Statement than agreed to by the Growth Management Coordinating Council. Specifically, the Growth Management Coordinating Council adopted a population and employment forecast for Whatcom County in October 2008, later modified in July 2009 at the request of the cities. The population forecast was for 251,490 by the year 2031, later increased to 253,951. The City of Ferndale request for population allocation was based on the Draft EIS alternative with a different base forecast of 258,448. While the GMCC adopted the allocation requests of the various cities, it did so by shifting the population center away from Bellingham, which the County Executive and Planning Commission have not recommended. Questions: a. Does the City of Ferndale believe that the county -wide growth forecast should be higher than the Growth Management Coordinating Council recommendation of 253,951? If so, why? b. Ferndale currently accounts for 6.3% of the county population and 7.1% of the county employment. The County Planning Commission has recommended that the share of the county population growth increase to 15.1 % and 13.1 % of the employment growth. Does the City of Ferndale have any studies to suggest that this allocation is insufficient to accommodate the city's share of anticipated growth? 3. Urban Growth Area Reserve. The County Executive and Planning Commission have recommended removal of areas from the Urban Growth Area. The Executive Page 3 of 6 129 proposed that some of the area be put into an Urban Growth Area Reserve, with joint planning between the county and city. Questions: a. What is the city's preference for the area proposed by the Executive as an Urban Growth Area Reserve: as a Reserve or the Planning Commission recommendation to remove that designation? b. If the area is removed from the UGA and UGA Reserve, does the city want to work together on an interlocal agreement for coordinated planning of these areas? Lynden Executive recommendation: The Whatcom County Executive recommended expansion of the Urban Growth Area and placement of some areas into an Urban Growth Area Reserve. These growth areas are into agricultural lands. County Planning Commission initial recommendation: The Whatcom County Planning Commission did not support the Executive's recommendation for expansion of the Urban Growth Area. The results are that the population allocation will likely have to decrease unless the city accommodates more growth through infill and higher densities. County Council Committee questions: The County Council Planning and Development Committee has questions about these issues and would appreciate a response from the city: 1. Agricultural Lands. The proposed Urban Growth Area Reserve criteria included expectations that urban growth area expansion would be compatible with agricultural uses, such as through increased buffers and agreements in place that outlines the respective roles for protecting at least 100,000 acres of agricultural land. Questions: a. What measures does the city have in place to ensure that urban growth expansion is compatible with adjacent agricultural uses? b. Does the city agree to work with the county on cooperative strategies and plans to ensure protection of at least 100,000 acres of agricultural lands? If so, how does the city propose to accomplish this effort? 2. Water Rights. The city and state (among others) are at apparent odds regarding water rights for the city and potential growth. Questions: a. Does the city agree that the County must show that the City has plans to, and the ability to, provide urban levels of service in the proposed UGA to the allocated population over the planning horizon? b. Knowing: 1) that any shortage in land to accommodate growth would occur well into the planning horizon; 2) with growth monitoring, regular plan updates and UGA reviews providing for review and potential expansion of the UGA before the 20 years are up; and 3) that those intervening years will provide time for resolution of the disagreement over the extent of Lynden's water rights, either through acquisition or transfer of new rights, or through adjudication or settlement of existing claims, Page 4 of 6 130 why should the County significantly expand the UGA into agricultural lands and allocate the population requested by the City now instead of allowing the questions to be resolved in the time between now and when a developable land shortage might occur? 3. Growth Allocation. The city hasrequested a higher population growth allocation than recommended by the County Executive or County Planning Commission. With adjustments to some assumptions in the Land Capacity Analysis, the County Executive's proposal is closer to the city's growth allocation request. Questions: a. Why can't the city accommodate the additional growth through increased densities or infill options? b. Does the city believe that the county has a responsibility to allocate urban growth to Lynden versus encouraging growth to other areas? If so, why? c. .After the City has grown into the area it has currently requested, what are the City's long term plans for growth given the challenges posed by being surrounded by designated agricultural resource lands? If those plans include redevelopment and infill within the city limits, can some of those plans be implemented sooner so as to extend the period of growth that the land between the existing UGA and the Guide can accommodate? In other words, if the City fills that 300+ acres in the next 20 years, what happens next? Nooksack Executive recommendation: The Whatcom County Executive recommended reduction of the Urban Growth Area east of the Sumas River and south of Breckenridge Creek. County Planning Commission initial recommendation: The Whatcom County Planning Commission supported the Executive's recommendation and reduced the area along the Sumas River which is within the floodplain. County Council Committee questions: The County Council Planning and Development Committee has questions about these issues and would appreciate a response from the city: Reduction Area. The area that is proposed from removal includes some flood plain areas but also includes lands that were proposed for future industrial development. The city has proposed transfer of some employment allocation to Sumas. Questions: a. Does the city agree with the employment allocations proposed for Nooksack? If not, does the city believe the land removed from the UGA will be necessary for future employment? b. In terms of determining where best to accommodate growth, does the city believe there is any risk from flooding or Swift Creek Naturally Occurring Asbestos that affects the city, UGA or the area proposed for removal that has not been accounted for? Page 5 of 6 131 Sumas Executive recommendation: The Whatcom County Executive recommended reduction of the Urban Growth Area and placement of some areas into an Urban Growth Area Reserve. County Planning Commission initial recommendation: The Whatcom County Planning Commission reduced the Sumas Urban Growth Area to city limits due mostly to concerns about growth into floodplains and agricultural lands. County Council Committee questions: The County Council Planning and Development Committee has questions about these issues and would appreciate a response from the city: 1. Flooding. The city has stated that the risk of flooding in the area south of the city is minimal. What evidence does the city have regarding flooding of that area? 2. Urban Growth Area Reserve. What is the city's preference for the area proposed by the Executive as an Urban Growth Area Reserve: as a Reserve or the Planning Commission recommendation to remove that designation? 3. Cgpacily. Does the City have any information that would suggest that its proposed growth forecasts are unreasonably low or that they can not be accommodated within the existing city limits? Page 6 of 6 132 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2 009 —40 7 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Kate Blystone ��l 10113109 FE:)) IE C E � V E 0 10127109 P & D/Council OCT 2 0 2009 Dept. Head: David Stalheim `� � to �� l WHATCOM COUNTY COUNCIL Prosecutor: Royce Buckingham Purchasing/ Budget: Executive: Pete Krem TITLE OF hOCUMENT.• An interlocal agreement between Whatcom County and the City of Everson for the purpose of annexation and development within the City of Everson UGA for approximately 9.83 acres in the vicinity of Greene Lane, south of the eastern portion of the city limits — Skillman East Everson Annexation, BRB 2009-06. ATTACHMENTS: (1) Whatcom County Contract Information Sheet (2) Proposed Interlocal Agreement Amendment # 3 between the City of Everson and Whatcom County SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in . explaining the intent of the action.) Interlocal Agreement between the City of Everson and Whatcom County for annexation of approximately 9.83 acres (known as the Skillman East Everson annexation, BRB 2009-06) generally located west of Greene Lane, south of the eastern portion of the city limits, Section 1, Township 39 North, Range 3 East of W.M. Section 2 of this proposed amendment includes language to amend the interlocal agreement per the conditions of Ord. 2007-049. The request is to authorize the County Executive to sign an amendment to the City of Everson Interlocal Agreement and to amend the interlocal agreement per the conditions of Ord. 2007-049. COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: 200103016 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. 1 V �, WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. 200103016 - 3 Originating Department: Planning and Development Services Contact Person: Kate Blystone Contractor's Name: City of Everson Interlocal Agreement Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes _ No X Yes X No If an Amendment, previous number(s): _200103016 #2 Is this a renewal? Yes 4 No X Contract Amount: (sum of original contract If a Professional Services Agreement is more than $15, 000 or a Bid is amount and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council approval $ No Dollars and a supporting memo. Any amendment that provides either a 10% This Amendment Amount: 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 Total Amended Amount: than these thresholds, just submit to Executive with supporting memo for $ approval. Scope of Services This amendment #2 to the Interlocal Agreement made between the City of Everson and Whatcom County to annex approximately 9.83 acres — known as the Skillman East Everson Annexation, BRB 2009-06 — to the City of Everson. Nature of Contract Amt: (Check one) Fixed Amount Not to Exceed _ Open Ended X Term of Contract: Expiration Dater Renewal Option Yes No X Last Renewal Expires: Special Dates or clauses that require calendaring: 1. Prepared by: _Kate Blystone C'_ Date 10113109 [electronic] 2. Attorney reviewed: Date [electronic] 3. Corrections made. 04 of Date [electronic] hard copyprinted 4. Attorney signoff- _ Date 5. Contractor signed: Date 6. Submitted to Exec Office Date /o -/6 -05 summary via electronic; hardcopies] 7. Reviewed by DCA Date 8. Council approved (f necessary) Date 9. Executive signed: Date 10. Contractor Original Returned to dept; Date I L County Original to Council Date 134 COUNTY ORIGINAL WHATCOM COUNTY CONTRACT NO. AMENDMENT #3 �av10301�-3 TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF EVERSON AND WHATCOM COUNTY CONCERNING ANNEXATION This amendment is made by and between the City of Everson (hereinafter referred to as the City) and Whatcom County (hereinafter referred to as the County), political subdivisions of the State of Washington, pursuant to the Interlocal Cooperation Act, RCW 39.34. WHEREAS, the City and County have entered into an Interlocal Agreement concerning annexation and development within the City of Everson's Urban Growth Area (UGA); and WHEREAS, -the City and County have agreed to an additional annexation of property initiated by property owners, and known as the Skillman East Everson annexation; WHEREAS, Section 1 of the Interlocal Agreement states that for each annexation the Interlocal Agreement "shall be amended to include a description of the annexation area and other amendments related to the annexation area."; WHEREAS, Section 2 of Whatcom County Ordinance 2007-049 lists conditions for inclusion of the eastern -most portion of the proposed annexation. NOW, THEREFORE, IT IS HEREBY AGREED: 1. The following information is pertinent to the newly annexed area and shall be included as an amendment of the Interlocal Agreement: Annexation Name and Acreage: Boundary Review Board no. Map: Legal Description: Annexation Method: Roads serving the area: Compensation for Capital Facilities: Existing & Intended Services: Skillman East Everson Annexation; approximately 9.83 acres Attached as Amendment #3, Exhibit A Attached as Amendment #3, Exhibit B 60% petition Greens Lane Attached as Amendment #3, Exhibit C Attached as Amendment #3, Exhibit D Interlocal Agreement — Amendment #3 City of Everson & Whatcom County 135 2. The following conditions established in conjunction with Whatcom County Ordinance No. 2007-049 are hereby included as an amendment to the Interlocal Agreement: (a) The use of the area added to the Everson UGA through adoption of Ordinance No. 2007-049, legally described as set forth in attached "Amendment 3, Exhibit E," shall be limited to road, utility and stormwater facility purposes and limited residential development. A minimum buffer of 100 feet shall be maintained between County - designated agricultural lands and any proposed building or mobile home located within the above -described area. (b) As part of the next major update of the City of Everson UGA, the City will remove an equal or greater quantity of like agricultural land from the Everson UGA. (c) The City of Everson, through this amendment to the Interlocal Agreement, formally indicates its willingness to consider participating in a transfer of development rights program intended to transfer development density from rural and resource areas of the County into designated urban growth areas. IN WITNESS WHEREOF, the parties have signed this amendment effective on the date indicated below. CITY OF EVERSON WHATCOM COUNTY By By Jaleen Pratt, Mayor Date Attest City Clerk / Treasurer Date Approved as to form: Office of the City Attorney Pete Kremen, County Executive Date Approved o f . tc my Prosecutor Interlocal Agreement — Amendment #3 City of Everson & Whatcom County 136 EXHIBIT A TO AMENDMENT #3 Map RANGE 3 E - RANGE 4 E x t : r IL �b �l'.f��'!�'t)�,lt '— .. � 9P .x:�;•=li5$}:a'��� _ ��y/� ♦1 I Z g FIIMI4�rr _ ' 15 i�4�1 wsgy § ^_.x e..:v�j'.. s 4 - •Jil r�•6/ "C-_ 3'i li� si ' axe:: '.. .z:.!'•.n !�<ix.:x •r 39 Ulm rr F AL lF relink i X. •.. •::e.e e} , •s w Y ; 1.47 ;x r_ f A LEGEND ' ^; WEVEt ON CITY LIMITS ©EVERSON'S UGA (Urhan Growth Araa) - - 0PRIDPOSE , BOUIMAHY ANNEXATION t inch = 2,4131) feet .1 t r" ,,::......._......... ..... . . � gv Projected Coorifinafe System: NAD 1927 UTM Zone —1ON i�rn #ion: T18ttsverse }lencator THE CITY OF EVERSONss+r DATE zoos 1 14}lATCC51 C©IItJTY w4-' ltt"ow SCALE Skillman — East Everson Annexation c zs,aao False Easting:500{ 00-0€ 000000 : � jolz nuhIBER False Northing:-WOOM.001300WO Figure 1 Vicinity Map 2003-o71 Interlocal Agreement —Amendment #3 City of Everson & Whatcom County 137 EXHIBIT B TO AMENDMENT #3 Legal Description THE EAST 154.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 40 NORTH, RANGE 4 EAST OF W.M., WHATCOM COUNTY, WASHINGTON, EXCEPT THE NORTH 400 FEET THEREOF; TOGETHER WITH: THAT PORTION OF LOT 2 OF THE "J-D SHORT PLAT", CITY OF EVERSON, WHATCOM COUNTY, WASHINGTON AS PER THE MAP THEREOF, RECORDED UNDER AUDITOR'S FILE NUMBER 910814065 OF SAID COUNTY AND STATE, LYING SOUTH AND WEST OF THE EXISTING CITY LIMITS OF THE CITY OF EVERSON, WASHINGTON AS PER CITY ORDINANCE NO. 26. Situate in Whatcom County, Washington Interlocal Agreement — Amendment #3 City of Everson & Whatcom County 138 EXHIBIT C TO AMENDMENT #3 Compensation for Capital Facilities There are currently no capital facilities requiring reimbursement. Interlocal Agreement —Amendment #3 City of Everson & Whatcom County 139 EXHIBIT D — TO AMENDMENT #3 Existing and Intended Service Providers Service Existing Provider Government: Whatcom County Water: None Sewer: None Law Enforcement: Whatcom County Sheriff Fire Protection: Whatcom County Fire District #1 Library: Whatcom County Library District Road Maintenance: Whatcom County Public School: Nooksack Valley School District #506 Intended Provider City of Everson City of Everson City of Everson City of Everson Police Dept. Whatcom County Fire District #1 Whatcom County Library District City of Everson Nooksack Valley School District #506 Interlocal Agreement — Amendment #3 City of Everson & Whatcom County 140 EXHIBIT E TO AMENDMENT #3 Legal Description for Area Added to Everson UGA through Whatcom County Ordinance No. 2007-049 THE EAST 154.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 40 NORTH, RANGE 4 EAST OF W.M., WHATCOM COUNTY, WASHINGTON; EXCEPT THE NORTH 400 FEET THEREOF. SITUATE IN WHATCOM COUNTY, WASHINGTON. Interlocal Agreement —Amendment #3 City of Everson & Whatcom County 141 WHATCOM CO UNTY CO UNCIL AGENDA BILL No. 2009-1 s 1A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: )�,�!% D ! (- 10-27-09 Executive Paula J. Cooper IE C E � V Session, Council Division Head: Jon Hutchings 6 OCT. 2 0 2009 Dept. Head: ,\r FrankM. Abart 111 WHATCOM COUNTY COUNCIL Prosecutor: lol,�09 Dan Gibson Purchasing/Bud Executive: � � TITLE OF DOCUMENT. Discussion on potential property acquisition for the Flood Control Zone District ATTACHMENTS: SEPA review required? ( ) Yes NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes NO Requested Date: S UMMA R Y S TA TEMENT 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.) 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 andprinting on the Coun 's website at. www. co.whatcom.wa.us/council. 142 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 herein is subject to change upon further review and approval by the Whatcom County Council. Whatcom County Council Special Surface Water Work Session September 22, 2009 Council Chair Seth Fleetwood called the meeting to order at 11:45 a.m. in the Whatcom County Civic Center Annex, Second Floor Meeting Room, 322 N. Commercial, Bellingham, Washington. Present: Absent: Barbara Brenner L. Ward Nelson Laurie Caskey-Schreiber Sam Crawford Bob Kelly Carl Weimer Seth Fleetwood SURFACE WATER WORK SESSION (AB2009-024) 1. REPORT ON MANAGEMENT OF THE SUMAS MOUNTAIN SEDIMENTS, INCLUDING SWIFT CREEK AND THE SUMAS RIVER John Hutchings, Public Works Department, stated that recently an agreement was signed with federal and state agencies that identifies the respective roles of everyone. He submitted a copy of the agreement (on file, Exhibit 1). Another agreement with the State Department of Ecology (Ecology) will soon come to the Council for work done on Swift Creek. He submitted a map (on file, Exhibit 2) and described the location of Swift Creek. Over the course of time and due to information new to the Environmental Protection Agency (EPA), the EPA changed its story. Jeff Hegedus, Health Department, submitted and described a map (on file, Exhibit 3) on asbestos concentrations. They need to quantify whether or not and how much asbestos existed in the water of the Sumas River, the upland area, and along the bank. This past May, the EPA comprehensively sampled a section of the river. The range of asbestos is .25 percent to 33 percent in the upland soil samples. On the bank, the range of asbestos in the samples is 1.75 to 23 percent. This is not a surprise. They need to consider all of Sumas River, not just Swift Creek. The technicians speculate why there is more asbestos in the Sumas River than in Swift Creek. However, that isn't relevant. The results of those samples depend highly on how the sediment settles during a flood event. They do have significant quantities of asbestos in the Sumas River, similar to Swift Creek. He submitted a handout of the advisory for swift creek naturally occurring asbestos (on file, Exhibit 4) and a packet of materials for property owners (on file, Exhibit 5). A public meeting with all the agencies and the public is planned for the end of October. The concerns about the amount of asbestos system -wide isn't diminishing. Everyone is accepting the inevitability of the concern. The primary health message is that there is a significant quantity of naturally - occurring asbestos that presents a health risk, and people should minimize exposure. 143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. New information comes from the sample results on Sumas River for the upland area, bank, and water that verify large amounts of asbestos. In the past, people have had a hard time accepting that fact. Now they have lab results. Kelly asked if it is just now that the administration has come to grips with the fact that they have significant amounts of asbestos. Hegedus stated it is not. There is increasing acceptance by the public and agencies that there is a level of asbestos that is concerning. Hutchings stated federal agencies say they need more information to prove to superiors and Congress that this problem warrants federal monies. Another side is saying they should not open this door before everyone figures out how to manage this problem. Hegedus stated they did another study of groundwater. They did not find asbestos in that water, which people use for drinking water. Caskey-Schreiber asked if they should do some preventative work such as seeking out a timber harvesting moratorium to not exacerbate the slide area. The last rain event contributed to debris flow. That's the last thing they want to do. She asked if some of this information should also affect their growth decisions, regarding how Everson, Nooksack, and Sumas will expand their job base and everything else. Don't add more people close to contaminated lands. Hutchings stated the forestry question is valid and has been asked before. There are two landowners in this area. One is the State Department of Natural Resources (DNR). There haven't been any recent harvests in the Swift Creek watershed. The concern is noted, and staff will have that conversation. Regarding land use, the Planning and Development Services Department (PDS) has been talking about the area from the standpoint of critical areas and land use. The City of Nooksack wants to stay away from those areas that might be inundated. Those conversations are occurring. They will continue those conversations. Weimer asked about 25 percent of the upland area being contaminated. He asked if a sample from Whatcom Creek would be zero. Hegedus stated it probably would be. Brenner asked if this is similar to the mining thing in Montana. It's naturally occurring. She asked why the federal government is different here. Hegedus stated that in Montana, people were occupationally exposed for a long time. It is very different from this situation, where there is much less exposure. Brenner asked why they used to think it was okay. They had this discussion years ago. Hegedus stated naturally -occurring asbestos and its toxicity is an emerging area of study. They used to think that if there was less than one percent asbestos, the dose is low. That thought is being revisited now. They no longer think that less than one percent is an acceptable risk. Hutchings stated there was a permitting action in response to the Public Works Department's ongoing dredging program that brought this issue forward. The perceived health risks put limits on how they handled the material, which drove the cost up substantially. There is nowhere along the historic banks of Swift Creek where they can store this material. That means they must create capacity on the alluvial fan to capture 144 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. mass quantities of this material before it goes down the creek, or hauling it elsewhere. All the options of substantial regulatory challenges. Brenner stated the sloughing off has nothing to do with logging. Hutchings stated that is correct. Kelly asked if this is primarily a flood issue or health issue. Hutchings stated that it used to be a public works issue, but has morphed into a public health question. The work EPA did in response to the January flooding made it clear that it is a health issue. There is no public works project to contain this sediment. The management of the landslide is more like a civil project. There are some things they may be able to do to contain the material in the medium term. Kelly stated the County government can't address the civil issue of this source, which will never go away. He asked if Whatcom County has control over only the flooding issue, even though they can't separate the two issues. Hutchings stated that's correct. Brenner asked if they can get an agreement with the EPA to start dredging again. Hutchings stated they can in a very limited way. He referenced the joint agency agreement with the EPA and Army Corps of Engineers (Exhibit 1). Those agencies that have been pressing for health -related solutions have recognized that there is a balance between not having a solution and burdening people with other kinds of health risks from flooding and living in this environment. They have been willing to talk about an appropriate health message and making commitments. County staff met with these agencies, which acknowledged that the local agency can't fix this problem. He described the agreement, which addresses who bears liability. This agreement includes a safe harbor agreement. This is about recovery, not emergency response. It's about recovery. It's about creating an environment in which people can help themselves. The State and federal agencies have been difficult to work with on that issue. They want to make it a local government problem and just tell the County what to do. The County finally got to the point where it identified the State and federal responsibilities under various laws. During the last flood event, the County demonstrated that it's not afraid to call those agencies and ask them to participate. Those agencies have come to terms with that. If the County is going to work on an interim containment strategy, it must be able to acquire flood easements and potentially acquire land. The County has no interest in forcing people to sell land. This isn't about creating a safety net for residents. If a program like that comes forward, it must come from the community. If the County is going to allow new development to occur, there is culpability. He read through portions of the agreement. The agreement won't fix the problem, but it changes the tone of the discussions. Brenner stated the information they recently found out about isn't that asbestos exists, but that this particular type of asbestos might be more harmful. Hutchings stated that's right. Hegedus stated the EPA uses the same coefficient for all kinds of asbestos to calculate risk. 145 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. Brenner asked if they can prioritize this area if Federal Emergency Management Agency (FEMA) does voluntary buyout for flooding. Hutchings stated buyout properties have to meet cost -benefit requirements. The program focuses on recurrent river flooding. The program isn't set up for this kind of problem. At some point, people are going to ask for help. There will have to be a policy decision about what that help will be. Caskey-Schreiber asked if there is an option to develop a voluntary buyout program. The policy discussion will be on the areas they want to target and sources of funding. There are many houses in the danger areas. She asked at what point it will be a flood issue. She asked at what point they can say that this is a health issue and it's not safe for people to live there. Hutchings stated the EPA's threshold doesn't result in direct action to condemn houses or that sort of thing. A more likely problem is that it would be possible for homeowners to abate asbestos contamination, but it may be too difficult financially or not the risk. The question is about developing a mechanism to help people relocate when they are ready. Fully vet alternatives before they go forward. Any program has to come from the community. Caskey-Schreiber stated she just wanted to know what the driver will be. Hutchings referenced a map of Swift Creek naturally occurring asbestos (Exhibit 3). Ecology has $1 million that is focused on containing asbestos that might otherwise be released from Swift Creek. The focus is a low-cost action to reduce the potential impact of Swift Creek breaking out of its banks, while buying some time to allow development of a longer -term solution. It would have to be a low-cost solution that protects the largest number of people possible. It must start high up on the alluvial fan and work its way down. It is a series of setback levees or berms that would contain Swift Creek on the alluvial fan and would protect the mill and mushroom plant employees. Reinforce the berms downstream to reduce potential that it breaks out of its banks. It will both enhance existing levees and create new levees. This can only be done if the landowner, which is Great Western, agrees. The million dollars of State money plus the County match would get a portion of this work done. The State legislature understands that moving ahead with this appropriation means the County will be back later for the rest of the money. The other area of concern is South Pass Road. The Public Works Department interest is to maintain health and safety associated with transportation infrastructure and keep transportation routes open. South Pass Road keeps sinking. Raising the road in the future has implications. They must think about building up a fund balance to accomplish that goal down the road. Next, a framework plan for this will come to the Council in the form of an agreement with Ecology. Larry Mades, 7689 Oat Coles Road, Everson, stated there is 67 million cubic yards of material on the side of Sumas Mountain. At the current rate, it will continue to slide for the next 600 years. Unless they do something on the mountain, the same problem will occur and won't get any better. 146 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. Hutchings stated a line item in the million dollar appropriation is to do some bores in the alluvial fan to determine whether there is marketable gravel that could help offset the cost of developing the kind of civil work project discussed for many years. To get that conversation on center, there must be evidence of a solution for the longer term. That's part of this solution. Brenner asked if that gravel would be contaminated. Hutchings stated it would not. It's low in the stratigraphy. 2. REVIEW OF THE 2009/2010 FLOOD CONTROL ZONE DISTRICT BUDGETS AND DISCUSS EXPECTATIONS FOR 2010 (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion of the meeting.) Jon Hutchings, Public Works Department, submitted and read through a handout (on file). He read the handout on the Flood Control Zone District (FCZD) fund balance analysis. He described the budget lapse at the end of 2009, which includes 1.25 full-time equivalent (FTE) employees that were not paid for during 2009, a number of flood control projects for which the County received reimbursement, and a number of capital projects earmarked for stormwater design and construction in the Lake Whatcom watershed that they will not spend in 2009. Those capital projects for stormwater design and construction need to be re -budgeted in 2010. Instead of having a substantial ending fund balance, the result is a substantially better position at the end of 2009 than was budgeted. This is not saving the fund. They are just deferring the cost of projects, which will come back and bite them. Between 2010 and 2011, they continue on the same projection of a huge decrease in the ending fund balance. All the deferred projects will eventually come forward. Brenner asked if funding for homeowner retrofit and compliance and education would come from the conservation futures fund. They don't have anything to do with flooding. Hutchings stated the Board has to make that decision. They have supplemented the mandated stormwater programs from the FCZD fund and real estate excise tax (REET) II during this two-year budget cycle. Brenner stated the levee construction is a capital facilities project to make sure roads are available for people to get to businesses. Hutchings stated that is correct. Brenner stated there are better things to spend this money on than parking lots. Hutchings stated that based on the Board's response, he will write a supplemental budget request consistent with the Board's wishes. They'll talk about it more in detail next month. Weimer asked from where they've saved $700,000. The Council passed funding for such things as shellfish protection response for Chuckanut and Birch Bay. He asked if they are still in the budget. Hutchings stated they did that work in-house at a substantially lower cost. There has been a real effort to save money. It's been a burden, but they've managed to get that work done. He can provide information on those line items. 147 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. Brenner stated prioritize public health and safety before anything else. Weimer stated that is a high priority in the coordinated water resource inventory project (CWRIP) process. Brenner stated some of the items on this flood control list have nothing to do with that. Public health and safety is her priority. Caskey-Schreiber stated she would like to see a comparison. Regarding the deferred levee, she asked how they determined it was appropriate. She asked if they are comfortable with it as it is. She asked if there is a risk if they defer it too much longer. She would like to know what this flood fund should be used for legally. If it can be used for things other than flood projects, the Board should prioritize those items. Hutchings stated the Board invested in an effort to make sure expenditures are consistent with the expectations of the Board and everyone involved in the planning process. They used that process last year to develop the budget, which includes the Deming levee repair. Now, they are still working on those high priorities. This is consistent with that previous prioritization. The construction of a number of these projects are deferred a year or so. Caskey-Schreiber stated they call it the flood fund, but half the county pays into it, and isn't at risk for flooding. It's appropriate to pay some of the National Pollutant Discharge Elimination System (NPDES) work out of this fund. Dewey Desler, Deputy Administrator, stated the administration looks at the legal applicability of the fund each time there is an expenditure from the fund. The administration is happy to share that legal review. Brenner stated everyone in Whatcom County benefits from flood prevention because they use public roads and facilities. Hutchings described the specific budget lapses from stormwater, natural resources, and flood programs. Brenner stated set up the homeowner retrofit program as an incentive program rather than funding it with County money. Allow incentives that would make people exempt from the program. Sometimes, people should take responsibility. They should be incentivized. Hutchings stated stay on top of these priorities down the road about the budget priorities. ADJOURN The meeting adjourned at 1:10 p.m. They must be on the same page 1 2 3 4 5 6 7 8 9 10 11 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Jill Nixon, Minutes Transcription The Council approved these minutes on 2009. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Seth Fleetwood, Council Chair Surface Water Work Session, 9/22/2009, Page 7 149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Committee Of The Whole September 29, 2009 Council Chair Seth Fleetwood called the meeting to order at 6:15 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. Present: Barbara Brenner, Laurie Caskey-Schreiber, Sam Crawford, Seth Fleetwood, Bob Kelly and Carl Weimer. Absent: L. Ward Nelson. 1. DISCUSSION WITH WHATCOM COUNTY PUBLIC WORKS REGARDING FERRY DOCK LEASE NEGOTIATIONS (AB2009-018) Caskey-Schreiber moved to discuss this item in executive session for 45 minutes. The motion carried by the following vote: Ayes: Laurie Caskey-Schreiber, Sam Crawford, Seth Fleetwood, Bob Kelly, and Carl Weimer (5) Nays: None Absent: L. Ward Nelson (excused absence) and Barbara Brenner (out of the room) (2). 2. DISCUSSION REGARDING THE PREPARATION OF A SUPPLEMENTAL BUDGET REQUEST FOR OUTSIDE LEGAL COUNCIL (AB2009-017) (Clerk's Note: The Committee came out of executive session at 6:59 p.m.) Rebecca Craven, Council Policy Analyst, asked if the Council wanted to give direction today to Dana Brown -Davis for a supplemental budget request for Dave Bricklin in the amount of $80,000. Brenner stated this is a never-ending money pit. Move on the information they have. Make a decision. Decide what to do if someone files suit. Weimer moved to prepare a supplemental budget for $80,000 for Mr. Bricklin. The motion carried by the following vote: Ayes: Laurie Caskey-Schreiber, Seth Fleetwood, Bob Kelly, and Carl Weimer (4) Nays: Barbara Brenner and Sam Crawford (2) Absent: L. Ward Nelson (1) OTHER BUSINESS There was no other business. 150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. ADJOURN The meeting adjourned at 7:02 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: Dana Brown -Davis, Council Clerk 2009. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Council Chair Committee of the Whole, 9/29/2009, Page 2 151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Regular County Council September 29, 2009 Council Chair Seth Fleetwood called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Laurie Caskey-Schreiber, Sam Crawford, Seth Fleetwood, Bob Kelly and Carl Weimer. Absent: L. Ward Nelson. FLAG SALUTE ANNOUNCEMENTS Fleetwood announced there was discussion with Whatcom County Public Works regarding ferry dock lease negotiations (AB2009-018) in executive session during the Committee of the Whole meeting. Fleetwood announced there was also discussion regarding the preparation of a supplemental budget request for outside legal council (AB2009-017) during the Committee of the Whole meeting. SPECIAL PRESENTATIONS 1. COUNTY EXECUTIVE KREMEN TO PRESENT A LETTER OF COMMENDATION TO ART ANDERSON FOR HIS SERVICE TO WHATCOM COUNTY CITIZENS (AB2009-017) Pete Kremen, County Executive, read and presented a letter of commendation to Art Anderson. Art Anderson stated he is humbled by Executive Kremen's comments in the proclamation. They all strive to make Whatcom County a better place for all. This evening is special because many of his family are here. He will continue to serve Whatcom County. 2. INTRODUCTION TO THE PLAN FOR FUNDING PROGRAMS AND SERVICES WITH THE 1/10TH OF ONE PERCENT SALES TAX INCREASE (AB2009-359) Anne Deacon, Health Department, stated this is the first formal report from the advisory committee for the one -tenth of one percent sales tax. She introduced the committee members who will present the report. 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. Benita Bowen, 1/10 of One Percent Advisory Committee Vice -Chair and National Alliance on Mental Health (NAMI) of Whatcom County, stated this is the first quarterly report of the Chemical Dependency/Mental Health Program Fund Oversight Committee, now called the Behavior Health Revenue Advisory Committee (BHRAC). The advisory committee has met three times since May 2009. They are concerned about their work achieving policy goals in Ordinance 2008-027. She read those goals. The committee approved a charter and received the status of current programs and funding. The State legislature passed Senate Bill (SB) 5433, allowing County governments with this tax to supplant existing funding for this new funding. However, Deputy Administrator Dewey Desler and Executive Kremen want the new, innovative behavioral health programs that could be developed with new revenue. The proposed plan from the Health Department meets policy goals of the ordinance, responds to community input, and recognizes the community needs assessment. The advisory committee wants to make sure the overarching strategy would help build infrastructure, so new behavioral health programs provide a comprehensive continuum of care. The committee approved funding allocations from the plan. The Executive has chosen to use only 20 percent of the funds to supplant existing programs, which the Advisory Committee applauds. They thank Ms. Deacon and the staff in the Human Services Division. During the upcoming quarter, the Human Services Division will issue requests for proposals. During the first quarter of 2010, new services and programs become a reality for the people of Whatcom County. State funding was severely cut for behavior health services. The Advisory Committee doesn't want to cover the funding gaps. Instead, make sure that new, innovative programs are developed. OPEN SESSION Carol Ann Brewer, resident, stated she represents her brother regarding the problems with his septic system. He is being required to replace his septic system, but he can't afford it. He was turned down for a grant. He is being threatened with a daily fine. He can't be the only person in the County with this problem. She asked why the County hasn't made provisions for people in need. Her brother would like to comply, but isn't able to. The County staff told him to just get it done. She asked how he is supposed to get this done. The report filed included misinformation. It said septic leaked into a ditch, but there is no ditch anywhere near his property. She asked what they are supposed to do. Erin Suda, 3231 Hillside Road, Deming, stated she thanks the County Council and Executive Kremen for their prompt attention to the issues of landslides and public safety. Her family and neighbors had to evacuate last winter. She is concerned about the upcoming winter. Give attention to these issues and consider public safety. Katti Esp, Whatcom County Bar Association President and Whatcom County Bar Association/Superior Court Fiscal Emergency Task Force Chair, stated that right now, 153 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. Superior Court is over -budget by $125,000 due to services they are required to provide. The Court needs to be adequately funded to provide rights guaranteed by the federal and State Constitutions. The Court has six full-time and two part-time jurists. Given the recently -imposed staff furloughs, no pro tem judges are being hired to replace the Court Commissioners when they are absent. In August, two family law motion calendars were not heard. The Court places its highest priority on criminal matters. Now, it will be late spring until a court date on a civil matter. Unlike legislative government, the judiciary has no opportunity to tax the people to provide adequate funding. Courtrooms sit idle when a Commissioner is absent. Therefore, hearings are cancelled, dockets get longer, and court resources are used inefficiently. This also causes parties money. Attorneys show up for court, but don't have hearings. She fears the economic consequences of failing to properly administer the court, particularly in light of potential civil liability to parties and litigants whose trials do no pass constitutional muster. Jim Britain, 1801 Fourth Street, Bellingham, stated he is an attorney and member of the Ad Hoc Committee mentioned by the previous speaker. The courts have no taxing power and no power to allocate money to it. The civil calendar has been most dramatically affected, because the emphasis is on the criminal cases. For people who have civil disputes, it is a critical issue in their lives. Do not diminish their ability of getting a hearing. James Haigh, Bellingham, stated he has been an attorney for 30 years. In a case against an insurance company, the insurance companies won't put money on the table until they are faced with a realistic trial date. If they can't get a trial date, it clogs the court system. Another concern is that the level of funding they're talking about is such that it may seriously impact the function of the court system, which is the third branch of government. Funding is seriously needed. Separation of powers is the dominant principal of the American political system. If the judicial system loses its ability to perform its mandated function, it will be emaciated by the other two branches, which violates the separation of powers clause. It's a serious issue. He is also a member of the Ad Hoc committee with Ms. Esp and Mr. Britain. Caskey-Schreiber asked if the County Administration will bring forward a supplemental budget request to address these concerns with Superior Court. Dewey Desler, Deputy Administrator, stated he and the Executive have been meeting with judicial officers. The Court will over -expend its total budget by the end of the year, as in the past three years. Based on the most recent information, they may come close to balancing the 2009 budget. The Superior Court claims it needs more revenue in 2010. They are currently talking about that. Mary Dickinson, Bellingham Attorney, stated she is also on the Ad Hoc committee. She thanked the Council and Administration for listening to their concerns. They know times are difficult. There are many competing issues for limited resources. However, courts may be the final and only way to resolve a dispute. Land use issues such as boundary disputes are only settled in Superior Court. Those issues can be quite contentious 154 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 herein is subject to change upon further review and approval by the Whatcom County Council. and emotional for the parties. If the Superior Court isn't available to resolve these issues, there will be increased instances of confrontations and destructive behaviors. Because of new legislative changes, the disputes will become more technical and heated without Court resolution. Work with the Administration and Bar Association to develop a solution to keep Superior Court operational. Barbara Sternberger, 4540 Curtis Road, Bellingham, stated she belongs to a newly - formed association called the Rural Avenue Neighborhood Association. The Association is concerned about the jail site selection process. Both proposed sites are in her neighborhood. They would like to be brought into to the public process sooner rather than later. Allow easier access to the HDR report on jail sites, which costs $300. They want more information on this issue. Shane Roth, 3925 Connecticut Street, Bellingham, stated he asks the councilmembers to refrain from using wireless devises during the meeting. It is unprofessional, inappropriate, and rude to make colleagues, County staff, and the tax- paying public compete for their attention during these meetings. People who use such devises during a meeting aren't managing their time effectively, are prone to distraction, and don't focus on the task at hand. He can't count on those people. The public needs to be able to count on all of them. The public needs their undivided attention. Set aside electronic distractions during meetings. Dean Brett, 601 Heron Pointe Lane, stated he is a wrongful death attorney. In these cases, 19 out of 20 settle out of court. However, those 19 cases don't get resolved unless there is a legal option of having to go to court. All the civil disputes are delayed in favor of criminal cases, so they can't get resolved. He recognizes the budget constraints, but people need a civil justice system in Whatcom County. Barbara Aiken, 6479 Rutsatz Road, Deming, stated they lost one lane of Rustatz Road this past winter during the floods, for one -quarter of a mile. It is the only road in and out of her neighborhood. In 1998, part of the road washed out and was patched in the same location. In 2002, there was blasting in the same place to repair the road. According to Federal Emergency Management Agency (FEMA), they will pay for the first $200,000 of repairs. It has to be overseen by the County Council, which has not yet approved any permits. This is the only access for school buses, electrical vehicles doing repair, and the phone company. The Deming Postmaster is suggesting that it's no longer safe to deliver mail out there. Nothing has been done to fix the issue, and winter is coming. According to FEMA, it's up to the County Council to get the bids and start work on the road. Caskey-Schreiber stated nothing has come from the County staff to the Council. The County staff brings those proposals forward to the Council. The County Council has no control over staff. Ms. Aiken must talk to Executive Kremen. Brenner stated the County staff work for Executive Kremen, not the County Council. The County Council can't authorize anything until staff brings something forward. 155 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 herein is subject to change upon further review and approval by the Whatcom County Council. Joe Rutan, Public Works Department, stated this issue is before the Council within the six -year road program. Rutsatz Road is one of the five projects staff proposes in response to the January floods. The Council is having a public hearing on this issue later in the meeting. Joe Warren-Lacasella, 6180 Rutsatz Road, stated he is concerned that the amount of money they're talking about won't be sufficient to repair the road properly, and the residents will be stuck. They put a band -aid on the road in 1998. In 2002, they moved the road away from the bank, but they did nothing to stabilize the bank. Now they are down to one lane in that area. The road is going to go, and they don't need another band aid. If the Council doesn't do something, the road will go. He will have to abandon his property, and the County will be faced with horrendous lawsuits from the insurance company lawyers and banks who take over their properties. That will hurt all of them. Caskey-Schreiber stated this road repair is on the six -year road plan, and work is supposed to start in January with a budget of $307,000. Sandra Petersen, 6170 Rutsatz Lane, Deming, stated her elderly mother lives with her. She is concerned about having access to emergency medical help. She submitted and read a letter (on file) from two neighbor women. Terry Uyeyama, Rutsatz Road, stated there is no quick fix for this road. He asked how they get medical help, fire response, and utility repair service if the road goes. They are facing a disaster if they don't get this work done. Pam Englett, 5903 Olivia Court, stated she is an attorney who is thankful for the services of the courts. She represents domestic violence survivors. Domestic violence victims get from the courts quick protection, a place to stay, money to take care of their children, and the resources necessary to become good citizens. Clients getting divorces have gotten prompt action for temporary orders to stabilize property use, children's time with parents, and assets and liabilities. Parents who've had their children taken have had their children restored in a timely manner and in good health. Parents with drug and alcohol problems are required to get evaluations, enroll in treatment, and be accountable to the court and guardians ad litem. However, she is disturbed by what has been happening in the court during the last couple of years. It takes three to six months to get a trial date. It takes three to six weeks to get a temporary order hearing for emergency problems. Hearing dates are cancelled with little or no notice because there is no money to hire pro tems. When court resolution isn't available, people start taking "self-help" measures. Now, she can't get guardian ad litem services for critical cases. Make the courts effective. Debra Garrett, 1700 D Street, Bellingham, stated she thanks the Council for its service. They need adequate funding for the courts. There are significant expenses that the court can't control, such as legal notices in the newspaper and guardians ad litem. Administrative staff is at the bare minimum. They do most of the work. The majority of case filings are civil cases, which really affect the economic well-being of Whatcom County. Business transactions don't go forward if the parties aren't confident that there is ultimately a court that will enforce their rights. This is a critical institution that has to be properly - funded. 156 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. Chris White, 2611 Hampton Place, stated Lummi Island ferry insurance rates have increased by about 100 percent. Market this coverage to another broker to verify whether that sort of rate increase is necessary. Verify that premium. Doralee Booth, Birch Bay, submitted a handout (on file) and stated the speed limit change on Birch Bay Drive has been positive. The community is very grateful to the Sheriff for helping with Operation Birch Bay on the Fourth of July. Without their help, it's controlled chaos. She read from her handout. Bruce Diele, citizen, stated Alcoholics Anonymous (AA) helped him a great deal, and he agrees with much of it. However, AA is very abusive. Over the years, AA members have caused him tremendous social and economic harm. He has been homeless the past ten years due to his past involvement in AA. AA teaches believe in a general God, since speaking of Jesus Christ is largely taboo. AA's paperwork avoids religious terminology. If people are specific about Jesus Christ, AA members censure, ridicule, and ostracize people. The AA representatives will follow people to their employment, using malicious gossip and slander to incite coworkers and management. Those identifying themselves as gay and trying to de -segregate AA by speaking openly in regular meetings also risk persecution. AA meetings open with the serenity prayer and close with the Lord's Prayer. The Supreme Court ruled AA a religious program, there should be no court -ordered forced attendance of AA, a voluntary program. Because court -ordered AA has been ruled unconstitutional, it no longer qualifies. However, it is the only choice the court offers. Drunk driving requires stricter laws, not forced religion. AA is a secret society, hence its anonymity. Anyone may be an AA member. Stop court -ordering AA, and abide by the Supreme Court ruling. PUBLIC HEARINGS 1. RESOLUTION APPROVING THE WHATCOM COUNTY SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2010 THROUGH 2O15 (AB2009-361) Fleetwood opened the public hearing and the following people spoke: (Clerk's Note: See Open Session for comments on this issue from Barbara Aiken, Joe Warren-Lacasella, Sandra Petersen, and Terry Uyeyama.) Chris Hatch, Acme/VanZandt Flood Control Subzone Advisory Committee, stated he was surprised that the Turkington Road Bridge is not on the list. The Advisory Committee has indicated many times the constriction that bridge causes regarding debris flow. It is a threat to Acme citizens. Kathy Berg, Birch Bay, stated she appreciates the County Road Engineer for reinstating the Birch Bay Drive pedestrian facility. It is a part of the larger shoreline restoration berm project. The project must be on the County list to qualify for State and federal funding. She is also in favor of the number one priority of Lincoln Road, Phase I. They are cautiously optimistic that funding will become available for these projects some day. She thanked the Council for considering the needs of Birch Bay. Hearing no one else, Fleetwood closed the public hearing. 157 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. Caskey-Schreiber moved to approve the resolution. Crawford asked Mr. Rutan to address the schedule for Rutsatz Road. He asked if all the work in the program is scheduled for 2010. Joe Rutan, Public Works Department, gave a staff report. They need authority from the Council to expend money on flood projects that will be reimbursed from State and federal sources. These projects are more than repair projects. They're capital improvements. Crawford asked about seasonal issues. Rutan stated they've already begun design work on those projects with a January start date. They would like to get those projects out to construction as soon as possible. These are not easy fixes. They will keep an eye on these roads. It will be spring to summer before they can get in there and do large earth movement that these projects require. Brenner asked if Council approval of this plan authorizes staff to get these projects done. Rutan stated approval of the six -year program allows him to develop the annual road program for Council approval. After that, he can submit a budget amendment. After that, they can begin issuing contracts for this work effective January 1, 2010. Brenner asked if the County has a band -aid fix to get them through the winter if something happens. Rutan stated County staff has been doing maintenance on that road. They are working with agencies to keep that road's configuration. No one is comfortable with the situation of that road, which is the only access. It will be spring before they get to the final project. In the meantime, they'll keep a very close eye on it and do what they can. Kelly asked how much of the design work is contracted out. Rutan stated most of this design work is done in-house, except for specialized geo-technical and structural work. There are competing needs from permitting agencies, which is difficult to deal with. They have to work through those issues, which may take time. Brenner asked if the agencies will expedite permits because this road is the only access in and out of the neighborhood. Rutan stated they will see that is an issue. He hopes the permits will be expedited. Weimer stated the Turkington Road Bridge over Jones Creek is more of a flood issue than a bridge issue. Rutan stated it is. The flood staff has a project to build some sort of a structure there to lessen the material coming down that creek. He is also concerned about the debris accumulation. They need to do something with that material. The bridge itself is okay. The motion carried by the following vote: Ayes: Brenner, Caskey-Schreiber, Crawford, Fleetwood, Kelly and Weimer (6) Nays: None (0) Absent: Nelson (1) 2. ORDINANCE PROHIBITING, ON AN INTERIM BASIS, THE ILLEGAL AND ILLICIT DISCHARGE OF HAZARDOUS MATERIALS AND NON-STORMWATER 158 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. RUN-OFF TO THE COUNTY'S MUNICIPAL SEPARATE STORM SEWER SYSTEM (AB2009-320C) Fleetwood opened the public hearing and, hearing no one, closed the public hearing. Weimer moved to adopt the ordinance. Crawford stated he is against the ordinance. The administration indicated the challenge, difficulty, and lack of resources available for enforcement. He understands Councilmember Fleetwood's comment that a lack of resources doesn't mean they shouldn't do the right thing. However, they must be pragmatic. It's not necessarily wise or good management to knowingly expend resources in mostly undeveloped areas, given the strong recommendation against this from the administration until they identify funding sources. He also thought about that regarding tonight's testimony about Superior Court funding. They all would like to have an open checkbook to provide services for the users of Superior Court. However, funding is limited, and they're in the midst of a huge economic downturn. They all want to do the right thing, but they have to also apply resources pragmatically. Brenner stated she agrees that they must be frugal, given the budget problems. She will support the ordinance. They've already made a very public statement that they have no intention of having the same standard in the rural area than in the urban area. It is a high priority to her. She's ready to cut the budget in other places to move this forward. Caskey-Schreiber stated the no shooting zone issue will also require extra enforcement, but they know it's the right thing to do, so they'll pass it. This discharge issue is the same thing. They must do everything they can to protect the water source. Kelly stated he agrees that there are major budget concerns and many people with needs. The Council's priority role is to set policy and oversee the County budget in conjunction with the Executive. They've already committed to several plans in Lake Whatcom. They need to take steps to address the total maximum daily load (TMDL) study requirements. Including Lake Whatcom in this ordinance doesn't necessarily indicate that they have to fund it immediately, but it gives them the opportunity to prepare the administration for TMDL implementation. If the policy -making legislative body doesn't commit to addressing Lake issues, it will be a regional water supplier for other parts of the county. This issue will affect folks throughout the county in the next decade. Make the policy statement that they are going in the direction of compliance with phase II stormwater permits and addressing the TMDL. State agencies don't push policy positions very often. The State Department of Ecology has been before the Natural Resource Committee a number of times, saying this needs to be done. Send the right message as a policy -making body. He is in favor of the ordinance. Fleetwood stated the ordinance clearly states they don't tolerate inappropriate discharge of pollutants, other than clean stormwater. It makes sense to cover the entire watershed, even though enforcement isn't perfect. Have a clearly -expressed standard. Staff indicated that there isn't anything in the County code that emphatically states they don't tolerate that pollutant discharge. This is the first ordinance they've adopted that says they don't tolerate discharge into Lake Whatcom other than clean stormwater. Most people who are aware of the law will follow the law. This ordinance will benefit the lake, even without perfect enforcement. 159 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. The motion carried by the following vote: Ayes: Brenner, Caskey-Schreiber, Fleetwood, Kelly and Weimer (5) Nays: Crawford (1) Absent: Nelson (1) 3. ORDINANCE ESTABLISHING A NO -SHOOTING ZONE IN THE COLUMBIA VALLEY URBAN GROWTH AREA (AB2009-251A) Fleetwood opened the public hearing and the following people spoke: Bill Elfo, Whatcom County Sheriff, stated he is in favor of the ordinance. Other shooting zones are established in densely populated areas. The geographic boundaries of this proposed zone are tightly drawn, to not interfere with legitimate recreational shooting. Ninety percent of the people will comply once they know it's illegal. The ordinance will provide deputies another tool to deal with those situations when people are discharging firearms in violation of the ordinance and endangering public safety. Norma Otto, 8519 Bluebell Court, Paradise Lakes, stated she agrees with Sheriff Elfo. She thanked Councilmember Crawford for getting this through. The deputies need this tool. Once they put up an informational sign, almost everyone will comply. Veronica Dearden, 6373 Overland Trail, Paradise Lakes, stated she thanks the councilmembers. She represents Kendall Watch. She is in favor of the ordinance. Hearing no one else, Fleetwood closed the public hearing. Crawford moved to adopt the ordinance. Brenner asked if urban zoning automatically prohibits discharge of firearms unless necessary for protection of life. Crawford stated that is not the case. A no shooting zone is applied to a specific area, under a very defined set of rules and regulations. Councilmember Caskey-Schreiber is the co-sponsor of this ordinance. County staff Ty Whitcomb worked very hard on the legal description. He did a great job on it. The motion carried by the following vote: Ayes: Brenner, Caskey-Schreiber, Crawford, Fleetwood, Kelly and Weimer (6) Nays: None (0) Absent: Nelson (1) CONSENT AGENDA Crawford reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through 17. The motion carried by the following vote: Ayes: Brenner, Caskey-Schreiber, Crawford, Fleetwood, Kelly and Weimer (6) 160 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. Nays: None (0) Absent: Nelson (1) 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE, AS THE LOCAL SPONSOR FOR A COASTAL PROTECTION GRANT, TO ENTER INTO AN AGREEMENT WITH THE WASHINGTON STATE DOE TO PROVIDE FUNDING FOR THE WHATCOM LAND TRUST TO PURCHASE APPROXIMATELY 65 ACRES OF WETLANDS FOR FISH AND WILDLIFE PURPOSES IN THE HEADWATERS OF THE SAMISH RIVER, IN THE AMOUNT OF $21,000 (AB2009-368) 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A PURCHASE AND SALE AGREEMENT WITH THE NATURE CONSERVANCY FOR THE PURCHASE OF APPROXIMATELY 146 ACRES AT LILY POINT, POINT ROBERTS, FOR PARK PURPOSES, IN THE AMOUNT OF $880,030 (AB2009- 237A) 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A PROJECT AGREEMENT WITH THE WASHINGTON STATE RECREATION AND CONSERVATION FUNDING BOARD (RCFB) FOR THE PURCHASE AND DEVELOPMENT OF PARK LANDS AT LILY POINT, POINT ROBERTS, IN THE AMOUNT OF $2,499,788 (AB2009-237B) 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND COMPU-TECH, INC. FOR CONTINUING DEVELOPMENT, DESIGN AND TECHNICAL DOCUMENTS FOR PHASE 1-3 OF THE JAIL RECORDS MANAGEMENT SYSTEM UPGRADE, IN THE AMENDED AMOUNT OF $15,500, FOR A TOTAL CONTRACT AMOUNT OF $145,500 (AB2009-369) 5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND KATIE CHUGG FOR LEASE OF THE HOUSE LOCATED AT 8894 SILVER LAKE ROAD, MAPLE FALLS, IN THE AMOUNT OF $660 PER MONTH (AB2009-370) 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT FOR EXTENSION OF THE TERM OF SERVICES WITH REISNER DISTRIBUTOR, INC. FOR THE PURCHASE AND DELIVERY OF FUEL TO BE USED IN WHATCOM COUNTY EQUIPMENT AND VEHICLES, IN THE AMOUNT OF $628,427.25 (AB2009-371) 7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #09-57 AND ENTER INTO A CONTRACT WITH LOW BIDDER ASSOCIATED ASPHALT, INC. FOR THE 2009 HOT MIX ASPHALT REPAIRS OF VARIOUS COUNTY ROADS, IN THE AMOUNT OF $62,789 (AB2009-372) 8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT THROUGH THE WASHINGTON STATE CONTRACT WITH NORDISK SYSTEMS FOR THE PURCHASE OF COMPUTER EQUIPMENT TO UPGRADE THE IBM ISERIES MID -RANGE SERVER, IN THE AMOUNT OF $109,324.07 (AB2009-373) 161 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. 9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND OPPORTUNITY COUNCIL FOR CHILD DEVELOPMENT SERVICES (AB2009-374) 10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM CENTER FOR EARLY LEARNING FOR CHILD DEVELOPMENT SERVICES (AB2009-375) 11. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND ADVANCED CHOICES FOR SUBSTANCE ABUSE SERVICES (AB2009-376) 12. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND CATHOLIC COMMUNITY SERVICES FOR SUBSTANCE ABUSE SERVICES (AB2009-377) 13. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND PIONEER HUMAN SERVICES FOR SUBSTANCE ABUSE SERVICES (AB2009-378) 14. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND SEAMAR COMMUNITY HEALTH CENTERS FOR SUBSTANCE ABUSE SERVICES (AB2009-379) 15. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WESTCOAST COUNSELING AND TREATMENT CENTER FOR SUBSTANCE ABUSE SERVICES (AB2009-384) 16. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND AMX INTERNATIONAL FOR CONSULTING SERVICES FOR UPGRADE OF THE J.D. EDWARDS SOFTWARE, IN THE AMOUNT OF $50,000 (AB2009-380) 17. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A RENEWAL INSURANCE POLICY FOR THE WHATCOM CHIEF FOR THE PERIOD OF 9/30/09 TO 9/30/10, IN THE AMOUNT OF $63,539.22 (AB2009-381) OTHER ITEMS 1. ORDINANCE AMENDING THE 2009 WHATCOM COUNTY BUDGET, TENTH REQUEST, IN THE AMOUNT OF $1,098,633 (AB2009-358) Crawford reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Brenner, Caskey-Schreiber, Crawford, Fleetwood, Kelly and Weimer (6) Nays: None (0) 162 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. Absent: Nelson (1) 2. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF KIMBRA MILLER TO THE SUBSTANCE ABUSE ADVISORY BOARD (AB2009- 382) Crawford moved to confirm the request. The motion carried by the following vote: Ayes: Brenner, Caskey-Schreiber, Crawford, Fleetwood, Kelly and Weimer (6) Nays: None(0) Absent: Nelson (1) 3. RESOLUTION AUTHORIZING THE PREPARATION OF A REASSESSMENT ROLL FOR PROPERTY WITHIN THE BOUNDARIES OF WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT NO. 2 (MARINELAND LIGHTING DISTRICT) (AB2009-360) Brenner moved to approve the resolution. The motion carried by the following vote: Ayes: Brenner, Caskey-Schreiber, Crawford, Fleetwood, Kelly and Weimer (6) Nays: None (0) Absent: Nelson (1) OTHER BUSINESS There was no other business. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Brenner stated the County needs information for people regarding septic issues, as was discussed earlier. She gets a lot of phone calls about this same problem. People want to obey the law. They need to get something set up. In the meantime, let people know they aren't going to be kicked out of their home or charged a large daily fee, as long as they respond. That's not the message that people are getting from the Health Department. People are frightened. Get a statement from the Health Department for the Council to give to people. The statement should say that people won't lose their homes as long as they respond. Caskey-Schreiber stated the Planning Committee will have a special meeting on Tuesday, October 6 from 9:30 a.m. to noon. ADJOURN The meeting adjourned at 8:40 p.m. 163 1 2 3 4 5 6 7 8 9 10 11 12 13 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: Dana Brown -Davis, Council Clerk 2009. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Council Chair Whatcom County Council, 9/29/2009, Page 13 164 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Regular County Council October 13, 2009 Council Chair Seth Fleetwood called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Laurie Caskey-Schreiber, Sam Crawford, Seth Fleetwood, L. W Nelson and Carl Weimer. Absent: Bob Kelly. FLAG SALUTE ANNOUNCEMENTS There were no announcements. MINUTES CONSENT Caskey-Schreiber moved to approve the Minutes Consent items. The motion carried by the following vote: Ayes: Brenner, Caskey-Schreiber, Crawford, Fleetwood, Nelson and Weimer (6) Nays: None(0) Absent: Kelly (1) 1. COMMITTEE OF THE WHOLE FOR SEPTEMBER 15, 2009 2. REGULAR COUNTY COUNCIL FOR SEPTEMBER 15, 2009 3. BOARD OF HEALTH FOR SEPTEMBER 22, 2009 OPEN SESSION The following people spoke: Barbara Sternberger, 4540 Curtis Road, Bellingham, stated Rural Avenue Neighborhood association Member, stated her association has gathered information. There is a difference between process and processed. The public was supposed to be part of the selection process. Last August, the site selection was narrowed to two sites, sites four and five. In September 2008, a meeting with a consultant team reviewed the report from HDR. She asked who was on that team. It would have been a perfect time to bring in the public. 165 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. She asked the findings of that team and for the report discussed during that meeting. She asked where HDR is in the process now. She would like to be notified when those results are available. Crawford asked if she is in contact with Mr. Desler and Executive Kremen and the Sheriff, and is not getting the answers. Sternberger stated they want to be part of the selection process. They hope to be in on the selection process when choosing between sites four and five. Crawford stated it seems a phone call to the Executive's office would provide her the information she needs. He asked if she has called the EO, and isn't getting that information. Sternberger stated they have received some information. Upon finding out about the meeting on September 24, she doesn't know where that meeting was. Crawford stated Ms. Sternberger can get answers to most of those questions from the Executive's Office or the Council office. Dewey Desler, DA, stated his office is happy to provide the information requested. There will be lots of opportunity to engage in the process. The Council hasn't seen much of the information yet. Many people are involved in narrowing the sites. Environmental information is still being collected. Ms. Sternberger can contact his office. Sternberger asked who is in charge of this process. Desler stated he oversees the staff and contractors. Brenner stated the Councilmembers received a packet of information that is public information. Fleetwood stated they can get a copy of that packet to Ms. Sternberger. Bob Wiesen, 3314 Douglas Road, Ferndale, stated the Council has said it is into saving farmland and farmers, but they are doing the opposite. His neighbors are selling livestock because they don't want to conform or they want to keep their livestock in an economic way. The farm plans mostly say that the farmers can't do what they want. Too much land is coming off the table. Figure out how to allow the farmers how to use their land effectively, while still meeting environmental standards. They may have to reduce some of those standards. There is a difference between hobby farmers and commercial farmers. The density of use isn't the same. Some of those guys are farming five -acre zoned properties, but they're being driven off. Encourage these people to stay where they're at, and make the farm plans more workable. Bruce Diele, citizen, stated he talked at the last meeting about court -ordered Alcoholics Anonymous, which is a religious organization. The Supreme Court will hear a case this week that will further erode the barrier between church and state. He read from a newspaper article. Citizens have the right to speak of religion. It is freedom of religion, not freedom from religion. AA promotes a universal religion, but he can't express Christianity specifically. Patrick Alesse, 4825 Alderson Road, Birch Bay, submitted and read information (on file). The County planners should calculate the true cost of servicing rural residents versus 166 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 herein is subject to change upon further review and approval by the Whatcom County Council. urban residents. People in smaller areas subsidize growth in urban areas. Not many farmers are in the rural areas. Crawford asked if Mr. Alesse is for or against Birch Bay incorporation. Alesse stated he is in favor of incorporation. CONSENT AGENDA Crawford reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through four. The motion carried by the following vote: Ayes: Brenner, Caskey-Schreiber, Crawford, Fleetwood, Nelson and Weimer (6) Nays: None(0) Absent: Kelly (1) 1. RESOLUTION TO SET HEARING AND NOTICE OF HEARING OF THE SALE OF COUNTY TAX TITLE PROPERTY BY NEGOTIATION — REQUEST #TR2009-03 (AB2009-389) 2. RESOLUTION TO SET HEARING AND NOTICE OF HEARING OF THE SALE OF COUNTY TAX TITLE PROPERTY BY NEGOTIATION — REQUEST #TR2009-04 (AB2009-390) 3. RESOLUTION TO SET HEARING AND NOTICE OF HEARING OF THE SALE OF COUNTY TAX TITLE PROPERTY BY PUBLIC AUCTION — REQUEST #TR2009-05 (AB2009-391) 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD BID #09-71 AND ENTER INTO A CONTRACT WITH LOW BIDDER, RTB ELECTRICAL AND POWER, FOR SUPPLY AND INSTALLATION OF A GENERATOR AT CENTRAL SHOP, IN THE AMOUNT OF $175,925.16 (AB2009- 392) OTHER ITEMS 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE, ACTING ON BEHALF OF THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT, TO ENTER INTO A JOINT FUNDING AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY FOR ANNUAL OPERATION AND MAINTENANCE OF THE COUNTY'S STREAM GAGE NETWORK IN THE AMOUNT OF $72,380 (FCZD SHARE IS $58,820) (AB2009-388) (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion of the meeting.) 167 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 herein is subject to change upon further review and approval by the Whatcom County Council. Crawford reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Brenner, Caskey-Schreiber, Crawford, Fleetwood, Nelson and Weimer (6) Nays: None(0) Absent: Kelly (1) 2. RESOLUTION ACCEPTING THE ASSESSMENT ROLL OF PROPERTY WITHIN THE BOUNDARIES OF WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT NO. 2 (MARINELAND LIGHTING DISTRICT) AND SETTING THE DATE FOR PUBLIC HEARING (AB2009-360A) Brenner reported for the Public Works and Safety Committee and moved to approve the resolution. The motion carried by the following vote: Ayes: Brenner, Caskey-Schreiber, Crawford, Fleetwood, Nelson and Weimer (6) Nays: None(0) Absent: Kelly (1) INTRODUCTION ITEMS Crawford moved to accept the Introduction Items. The motion carried by the following vote: Ayes: Brenner, Caskey-Schreiber, Crawford, Fleetwood, Nelson and Weimer (6) Nays: None(0) Absent: Kelly (1) 1. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION, FILED BY SIMI JAIN ON BEHALF OF REIJO SALMINEN, REGARDING AN ADMINISTRATIVE APPEAL OF NOTICE OF PENALTIES (APL2009-0002) (AB2009-362) 2. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION, FILED ON BEHALF OF WHATCOM COUNTY PLANNING AND DEVELOPMENT SERVICES, REGARDING A BOUNDARY LINE ADJUSTMENT APPLICATION BY RON AND SHELLY JEPSON (APL2009-0012) (AB2009-385) 3. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY BY NEGOTIATION — REQUEST #TR2009-03 (AB2009-389A) 4. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY BY NEGOTIATION — REQUEST #TR2009-04 (AB2009-390A) 5. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY BY PUBLIC AUCTION — REQUEST #TR2009-05 (AB2009-391A) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. 6. RESOLUTION CONFIRMING THE ASSESSMENT ROLL OF PROPERTY WITHIN THE BOUNDARIES OF WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT NO. 2 (MARINELAND LIGHTING DISTRICT) AND REMANDING ROLL TO THE COUNTY TREASURER FOR COLLECTION (AB2009-360B) (COUNCIL ACTING AS THE WHATCOM COUNTY BOARD OF EQUALIZATION) 7. RESOLUTION ADOPTING THE WHATCOM COUNTY 2010 ANNUAL CONSTRUCTION PROGRAM (AB2009-393) 8. ORDINANCE AMENDING THE 2009 WHATCOM COUNTY BUDGET, ELEVENTH REQUEST, IN THE AMOUNT OF $287,325 (AB2009-394) OTHER BUSINESS There was no other business. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Brenner stated she attended a farm forestry tour last weekend. She submitted a map of the tour area. They have done an amazing job of cleaning up the area and cutting out diseased trees. She also took a tour with Nancy Larsen from Whatcom/Skagit Self -Help Homes, and recommends this tour to other councilmembers. The homes are extremely affordable. The upkeep on the houses is incredible. It's a tribute to what they can do with affordable housing. Nelson stated he had a discussion with a Rome, Italy resident regarding growth patterns during a recent vacation. Caskey-Schreiber stated they often hear information from certain city planners, which doesn't reflect the view and perception of their city council members. During the special meeting on November 3, invite those city council members to attend. They need to be brought into the process. ADJOURN The meeting adjourned at 7:26 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on , 2009. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON 169 1 2 3 4 5 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Dana Brown -Davis, Council Clerk Seth Fleetwood, Council Chair Whatcom County Council, 10/13/2009, Page 6 170 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2009-389 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: DH 9/25/09 n n D j -ECIEv 10 13/2009 Introduction Division Head: O C T 0 6 2009 WHATCOM COUNTY COUNCIL 10 27 2009 Public Heari Dept. Head: v Prosecutor: • Purchasing t. Executive: (� V 0`�� TITLE DOCUMENT. Resolution to sell Tax -Title property by negotiation to Whatcom County Parks Department. Reg. #TR2009-03 ATTACHMENTS: Map SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE. The Property Management Committee determined the property be sold by negotiation as per R.C.W. 36.35.150(4); when no acceptable bids were received at the attempted public auction of the property, if the sale is made within twelve months from the date of the attempted public auction Parcel No. 380108.454265.0000 SANDY POINT GARDEN TRACTS LOT 27A For no less than the principal taxes, interest, penalties, title search and foreclosure costs of $2,022.61 COMMITTEEACTION. COUNCIL ACTION. 10/13/2009: 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. 171 SPONSORED BY: PROPOSED BY: Treasurer INTRODUCTION DATE: RESOLUTION NO. TO SELL COUNTY TAX TITLE PROPERTY BY NEGOTIATION REQUEST NO. 2009-03 i WHEREAS, RCW 36.35.120 allows the County to sell real estate acquired by tax 2 foreclosure where it is found to be in the best interest of Whatcom County to sell the 3 same; and, 4 WHEREAS, the Whatcom County . Property Management Committee s recommends the resolution be passed to effectively meet the legal requirement for the 6 disposal by negotiation pursuant RCW 36.35.150(4) when no acceptable bids were 7 received at the attempted public auction of the property, if the sale is made within s twelve months from the date of the attempted public auction, and; 9 WHEREAS, the Whatcom County Property Management Committee io recommends the Whatcom County Treasurer enter into negotiations the applicant; and, 11 WHEREAS, RCW 36.35.120 requires the Council to establish the minimum price 12 for said unit of property; and, 13 WHEREAS, the Whatcom County Code as well as the state law allows the 14 County to reserve from the sale coal, oil, gas, gravel, mineral, ores, fossils, timber or 15 other resources if the Council finds that it is in the best interest to reserve these; and 16 WHEREAS, the principal taxes, title search and foreclosure costs, total 17 2 022.61. is NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the i9 County to sell: Page 1 172 20 Parcel No. 380108-454265-0000 21 SANDY POINT GARDEN TRACTS LOT 27A 22 TWN 38 RGE 01 SEC 08 23 By negotiation for no less than $2,022.61. 24 BE IT FURTHER RESOLVED that said price shall not be allowed under contract 25 and shall be paid in either cash, certified check, or money order to the Whatcom 26 County Treasurer at the time of sale; and, 27 BE IT FURTHER RESOLVED that said parcel shall be sold subject to restrictive 28 covenants allowing for imposition of Community Association fees, if any, as set forth in 29 Whatcom County Resolution No. 88-37; and, 30 BE IT FURTHER RESOLVED that this sale transfers to the owners all coal, oil, 31 gas, gravel, minerals, ores, fossils, timber or other resources on or in said land and the 32 right to mine for and remove the same in conformity with zoning regulations in force and 33 effect; and, 34 BE IT FURTHER RESOLVED that the Whatcom County Treasurer is hereby 35 directed to sell such property at not less than a certified price and said sale shall take 36 place in accordance with the duties as established in RCW 36.35.120. 37 APPROVED this day of 2009. 38 39 40 41 ATTEST: Dana Brown -Davis, Council Clerk 42 APPROVED AS TO FORM: 43 44 C I'osecuting Attorney WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Chair Page 2 173 174 Gf ORG14 Im o I< 4 � Ala 0o00 N O IN � O m 175 WHATCOM COUNTY REAL PROPERTY INVENTORY 06-Jul-09 PARCEL PROFILE Item # 33 Parcel # 370321-411496-0000 Custodian TAX TITLE Date Acquired 1/16/1950 Purchase Price Location Bellingham R/W OVER OLD RR GRADE FR N LI TAX 2 TO N SEC Ll Current Use OTHER HWY/ST R/W Facility Zoning RURAL 1DU/5AC Acreage 0.40 zA . S_:F..: 0Y�..9.•• `Y Icy +Wma. �Xz'•'' �.:'. C'cY� �����m�� t ff �f •.f ff$1,200.00 Special Characteristics Physical Inspection Date Last Reviewed Purpose Surplused Saleability Remarks 'Sale Status Lease Info T11600 K Deed # Auditor's File # Volume,Page Item # 33 Parcel # 370321-411496-0000 176 W HATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-390A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: DH 9/25/09 ( D uullu L� OCT 0 6 2009 WHATCOM COUNTY COUNCIL 10/13/2009 Introduction Division Head: 10/27/2009 Public Heari Dept Head 1 Prosecutor: Purchasin /Bu e: Executive: / "S TITLE O OCUMENT. Reso/ Lion to sell Tax -Title property by negotiation to Whatcom County Parks Department. Rect. #TR2009-04 ATTACHMENTS: Map SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR YSTA TEMENT OR LEGAL NOTICE LANGUAGE: The Property Management Committee determined the property be sold by negotiation as per R.C.W. 36.35.150(3); when the property has an assessed value of less than five hundred dollars and the property is sold to an adjoining landowner. Parcel No. 390419.370244.0000 ANDERSON CREEK RANCHETTES-THAT PTN OF LOT 2 DAF-BEG AT CONC MON MARKING INTERS OF GOSHEN RD-SALAKANUM WAY- fH SELY ALG C/L OF SALAKANUM WAY ON CURVE TO LEFT HAVING RADIUS OF 220 FT ARC DISTANCE OF 207.99 FT TAP-TH N 56 DEG 30'00" E 203.09 FT-TH S 77 DEG 22'00" E 179.30 FT-TH S 65 DEG 15'00" E 201.34 FT-TH S 29 DEG 34'00" E 55 FT TO POB-TH N 60 DEG 26'00" E 60 FT-TH S 29 DEG 34'00" E 35 FT-TH S 60 DEG 26'00" W 65 FT-TH N 29 DEG 34'00" W 35 FT-TH N 60 DEG 26'00" E 5 FT TO POB-SUBJ TO ESMT DESC AF 1208679 For no less than the principal taxes, interest, penalties, title search and foreclosure costs of $922.40 COMMITTEEACTION: COUNCIL ACTION: 10/13/2009: 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. 177 SPONSORED BY: PROPOSED BY: Treasurer INTRODUCTION DATE: RESOLUTION NO. TO SELL COUNTY TAX TITLE PROPERTY BY NEGOTIATION REQUEST NO. 2009-04 i WHEREAS, RCW 36.35.120 allows the County to sell real estate acquired by tax 2 foreclosure where it is found to be in the best interest of Whatcom County to sell the 3 same; and, 4 WHEREAS, the Whatcom County Property Management Committee s recommends the resolution be passed to effectively meet the legal requirement for the 6 disposal by negotiation pursuant RCW 36.35.150(3) when the property has an 7 assessed value of less than five hundred dollars and -the property is sold to an adjoining s landowner, and; 9 WHEREAS, the Whatcom County Property Management Committee io recommends the Whatcom County Treasurer enter into negotiations the applicant; and, I WHEREAS, RCW 36.35.120 requires the Council to establish -the minimum price 12 for said unit of property; and, 13 WHEREAS, the Whatcom County Code as well as the state law allows the 14 County to reserve from the sale coal, oil, gas, gravel, mineral, ores, fossils, timber or 15 other resources if the Council finds that it is in the best interest to reserve these; and 16 WHEREAS, the principal taxes, title search and foreclosure costs, total $922.40. 17 NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the 18 County to sell: Page 1 178 i9 Parcel No. 390419.370244.0000 20 ANDERSON CREEK RANCHETTES-THAT PTN OF LOT 2 DAF-BEG AT CONC MON 21 MARKING INTERS OF GOSHEN RD-SALAKANUM WAY-TH SELY ALG C/L OF 22 SALAKANUM WAY ON CURVE TO LEFT HAVING RADIUS OF 220 FT ARC 23 DISTANCE OF 207.99 FT TAP-TH N 56 DEG 30'00" E 203.09 FT-TH S 77 DEG 22'00" 24 E 179.30 FT-TH S 65 DEG 15'00" E 201.34 FT-TH S 29 DEG 34'00" E 55 FT TO POB- 25 TH N 60 DEG 26'00" E 60 FT-TH S 29 DEG 34'00" E 35 FT-TH S 60 DEG 26'00" W 65 26 FT-TH N 29 DEG 34'00" W 35 FT-TH N 60 DEG 26'00" E 5 FT TO POB-SUBJ TO 27 ESMT DESC AF 1208679 28 TWN 39 RGE 04 SEC 19 29 By negotiation for no less than $922.40. 30 BE IT FURTHER RESOLVED that said price shall not be allowed under contract 31 and shall be paid in either cash, certified check, or money order to the Whatcom 32 County Treasurer at the time of sale; and, 33 BE IT FURTHER RESOLVED that said parcel shall be sold subject to restrictive 34 covenants allowing for imposition of Community Association fees, if any, as set forth in 35 Whatcom County Resolution No. 88-37; and, 36 BE IT FURTHER RESOLVED that this sale transfers to the owners all coal, oil, 37 gas, gravel, minerals, ores, fossils, timber or other resources on or in said land and the 38 right to mine for and remove the same in conformity with zoning regulations in force and 39 effect; and, 40 BE IT FURTHER RESOLVED that the Whatcom County Treasurer is hereby 41 directed to sell such property at not less than a certified price and said sale shall take 42 place in accordance with the duties as established in RCW 36.35.120. 43 APPROVED this day of 12009. 44 WHATCOM COUNTY COUNCIL 45 ATTEST: WHATCOM COUNTY, WASHINGTON 46 47 Dana Brown -Davis, Council Clerk Seth Fleetwood, Chair 48 APPROVED AS TO FORM: 49 so Civil Deputy Prosecuting Attorney Page 2 179 Lai N. o 4L W ,j O CD L IM a WHATCOM COUNTY REAL PROPERTY INVENTORY 01-Sep-09 PARCEL PROFILE Item # 466 Parcel # 390419-370244-0000 Custodian TAX TITLE Date Acquired 12/15/1994 1 Purchase Price $922.40 Location Bellingham, Salakanum Way I Facility I ANDERSON CREEK RANCHETTES-PTN LOT 2 DAF-BEG AT CONC MON MARKING INTERS OF GOSHEN RD-SALAKANUM WAY- TH SELY ALG C/L OF SD SALAKANUM WAY ON A CURVE TO LEFT HAVING RADIUS 220 FT ARC 207.99 FT TAP-TH N 56 DEG 30' E 203.09 FT-TH S 77 DEG 22' E179.30 FT-TH S 65 DEG 15' E 201.34 FT-TH S 29 DEG 34' E 55 FT TO POB-TH N 60 DEG 26' E 60 FT-TH S 29 DEG 34' E 35 FT-TH S 60 DEG 26' W 65 FT-TH N 29 DEG 34' W 35 FT-TH N 60 DEG 26' E 5 FT TO POB-SUBJ TO ESMT AF 1208679 Current Use Wtr Util/Irr I Zoning RURAL 1 DU/5AC I Acreage N� h $922.40 $0.00 $922.40 $500.00 $0.00 $500.00 Special Characteristics Physical Inspection Date Last Reviewed Purpose Surplused Saleability Remarks Sale Status Lease Info d s t e T11600 Deed # 5344 1 TREAS DEED TO COUNTY 1 12/15/1994 1 Auditor's File # 941215156 Volume,Page 423,810 Item # 466 Parcel # 390419-370244-0000 181 WAATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-391A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: D.H. 9/25/09 (�" � IE ^ � � � � D OCT a S 2009 10 13/2009 Introduction Division Head: 10 27 2009 Public Hearin Dept. Head: Prosecutor: WHATCOM COUNTY Purchasin B • COUNCIL Executive: PJ � /,p-5-- TITLE OFDOCUMENT. Reso/ tion to sell Tax -Title property by public auction Reg. #TR2009-05 ATTACHMENTS: Map SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: The Property Management Committee recommends that the resolution be passed to effectively meet the legal requirement for the disposal following notification of the surrounding property owners. Parcel # 370321.411496.0000 R/W OVER OLD RR GRADE FR N LI OF TAX 2 TO N SEC LI TWN 37 RGE 03 SEC 21 For no less than taxes, interest, penalties and foreclosure costs of $900.00 COMMITTEEACTION. COUNCIL ACTION. 10/13/2009: 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. 182 SPONSORED BY: PROPOSED BY: Treasurer INTRODUCTION DATE: 1 2 3 RESOLUTION NO. 4 s TO SELL COUNTY TAX TI"FLE PROPERTY 6 REQUEST NO. TR2009-05 7 WHEREAS, RCW 36.35.120 allows the County to sell real estate acquired by tax s foreclosure where it is found to be in the best interest of Whatcom County to sell the 9 same; and, 10 WHEREAS, the Whatcom County Property Management Committee 11 recommends that the resolution be passed to effectively meet the legal requirement for 12 the disposal; and, 13 WHEREAS, RCW 36.35.120 requires the Council to establish the minimum price 14 for said unit of property and to determine whether or not a contract will be allowed, or if is it will be a cash price; and, 16 WHEREAS, the Whatcom County Code as well as the state law allows the 17 County to reserve from the sale coal, oil, gas, gravel, mineral, ores, fossils, timber or 18 other resources if the Council finds that it is in the best interest to reserve these; 19 NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the 20 County to sell: 21 Parcel # 370321-411496-0000.0000, described as, 22 RM/ OVER OLD RR GRADE FR N 1-1 OF TAX 2 TO N SEC 1-1 23 TWN 37 RGE 3E SEC 21 24 For no less than the taxes, interest, penalties and foreclosure costs of $900.00 to the 25 highest and best bidder; 26 BE IT FURTHER RESOLVED that said price shall not be allowed under contract 27 and shall be paid in either cash, certified check, or money order to the Whatcom 28 County Treasurer at the time of sale; and, 29 BE IT FURTHER RESOLVED that said parcels shall be sold subject to restrictive 30 covenants allowing for imposition of Community Association fees, if any, as set forth in 31 Whatcom County Resolution No. 88-37; and, Page 1 183 32 BE IT FURTHER RESOLVED that this sale transfer to the owners all coal, oil, 33 gas, gravel, minerals, ores, fossils, timber or other resources on or in said land and the 34 right to mine for and remove the same in conformity with zoning regulations in force and 35 effect; and, 36 BE IT FURTHER RESOLVED that the Whatcom County Treasurer is hereby 37 directed to sell such property at not less than a certified price and said sale shall take 38 place in accordance with the duties as established in RCW 36.35.120. 39 APPROVED this day of , 2009. 40 WHATCOM COUNTY COUNCIL 41 ATTEST: WHATCOM COUNTY, WASHINGTON 42 43 Dana Brown -Davis, Council Clerk Seth Fleetwood, Chair 44 APPROVED AS TO FORM: 45 46 rosecuting Attorney Page 2 im A �� � X N i ice_ i 1 x '.�i• GJ n O`1 U A �i PQ 185 WHATCOM COUNTY REAL PROPERTY INVENTORY 06-Jul-09 PARCEL PROFILE Item # 33 Parcel # 370321-411496-0000 Custodian TAX TITLE Date Acquired 111611950 Purchase Price $4.99 Location Bellingham Facility R1W OVER OLD RR GRADE FR N LI TAX 2 TO N SEC LI Current Use OTHER HWY/ST R/W . I Zoning RURAL 1DU/5AC I Acreage 0.40 'cas $4.99 $0.00 $4.99 r sfl $1,200:00 $0.00 $1,200.00 T11600 Special Characteristics Physical Inspection Date Last Reviewed Purpose Surplused Saleability Remarks Sale Status Lease info Deed # Auditor's File # Volume Page Item # 33 Parcel # 370321-411496-0000 .IATCOM COUNTY COUNCIL AGENDA BILL No. 2009-393- CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JPR '%f i n D (�" v OCT 0 6 2009 1011312009 Public Works Committee & Intro. Division Head: JPR a%21 d� 10/27/2009 Public Hearin /Ado tion Dept. Head: Prosecutor: / VUHATCOM COUNTY Purchasing/Budget:A4 j0 J° � COUNCIL Executive: TITLE OF DOCUMENT. 2010 Annual Road Construction Program Resolution. ATTACHMENTS: 1. Memo to County Executive and Council 3. 2010 Annual Construction Program 2. Resolution 4. Summary Sheets for Pro ects Funded in 2010 SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 1012712009 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.) Resolution adopting the Whatcom County 2010 Annual Construction Program. The Annual Construction Program is an integral part of the County budget process and reflects the first year of the adopted 2010-2015 Six Year Road Capital Construction Program. COMMITTEE ACTION. COUNCIL ACTION.• 10/13/2009: Forwarded to Council for approval 10/13/2009: 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.waus/counciL 187 1 2 3 4 SPONSORED BY: Consent PROPOSED BY: Public Works INTRODUCTION DATE: 10/13/2009 RESOLUTION NO. ADOPTING THE WHATCOM COUNTY 2010 ANNUAL CONSTRUCTION PROGRAM WHEREAS, pursuant to RCW 36.81.130, the Whatcom County Engineer did file with the Whatcom County Council a recommended plan for laying out, construction, maintenance and special maintenance of County roads for the fiscal year of 2010; and, WHEREAS, the Whatcom County Council held a public meeting on the 27th day of October, 2009, and has considered the testimony given as well as the recommended plan; and, WHEREAS, the Whatcom County Council had determined that said plan is necessary as nearly as practicable to the Whatcom County 2010-2015 Six -Year Transportation Program, adopted by Resolution 2009-053 on September 29, 2009. NOW, THEREFORE, BE IT RESOLVED that the 2010 Whatcom County Annual Construction Program is hereby adopted as shown on the attachment hereto; and, BE IT FURTHER RESOLVED that no changes be made in the program without the unanimous vote of the Whatcom County Council; and, BE IT FINALLY RESOLVED that the 2010 Annual Construction Program be filed with the Director of Highways of the State of Washington. APPROVED this ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil Deputy Prosecuting Attorney day of , 2009. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Council Chair im WHATCOM COUNTY °M JOSEPH P. RUTAN, P.E. �° °a Assistant Director/County Road Engineer PUBLIC WORKS DEPARTMENT 3sP . z` 2011 Young St., suite 201 Bellingham, WA 98225-4052 FRANK M. ABART"- os Phone: (360) 715-7450 Director 4$//IN�+� Fax: (360) 715-7451 RECEIVED MEMO TO: The Honorable Pete Kremen, Whatcom County Executive, and OCT 2 — 2009 Honorable Members of the Whatcom County Council PETE KREMEN THROUGH: Frank M. Abart, Director COUNTY EXECUTIVE FROM: Joseph P. Rutan, P.E. County Engineer/Assistant Directop--- DATE: September 30, 2009 SUBJECT: 2010 Annual Construction Program Requested Action Public Works Committee work session and Introduction on October 13, 2009, followed by a Public Hearing and adoption on October 27, 2009. Background and Purpose: RCW 36.81.130 requires the adoption of the Annual Construction Program. Adoption of this program is an element of the County budget process. This Annual Construction Program is identical to the 1st year of the Six Year Transportation Improvement Program (STIP) approved on September 29, 2009. Information: A proposed resolution is enclosed for your consideration. In addition, each project that has funding available in 2010 has a project summary sheet for your review. 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L § (L 0 § § % % ` / § j` rUo f° 2 ) Ik k &@ ` )■ k 2 Ja k 7� o §# 7( 2@ (o a . 1 0- ks ks k© ks cL; � cLI IL! 0k 1c cL II # o« o> o> o> u« o> ®§g w .te M a « a ■ » a A _m._ m q q q 192 INSTRUC-PIONS FOR USE OF -rHE ANNUAL CONS -(RUCTION PROGRAM FORM (CRAB FORM #3, REVISED 06/09) WAC 136-16-010 through 042 **** GENERAL DATA REQUIREMENTS **** AGENCY ACTION blocks; - complete all items as shown. Entering your county name will input your County Forces Limit on Line B. CONSTRUCTION BY COUNTY FORCES COMPUTATION as per RCW 36.77.065; is computed for you from the Limits Table as follows: Counties over 400,000 population: $3,250,000 X [1+(2009 MVFT %)/1001 Counties 150:000 to 30,000 popuation $1,150,000 X [1+(2009 MVFT %)/1001 Counties 150,000 to 400,000 population: $1,750,000 X [1+(2009 MVFT %)/100] Counties under 30,000 population $700,000 X [1+(2009 MVFT %)/100] **** COLUMNAR DATA REQUIREMENTS **** (1) Item No. Use consecutive numbers beginning with 1. No priority is assumed. (2) 6 Year Road program item No. - Use the priority number from column 1 on your most recent 6 year transportation improvement program (DOT Form 140-049). No number is necessary for miscellaneous projects as permitted under WAC 136-16-025. (3) Road Log No. - County road log number (when applicable) as per the current road log as maintained by each county. (4) Road/Project Name and Location - Enter the road or project name and location information as assigned by the county. As appropriate, include mileposts (from county road log), bridge numbers and etc. (5) Project lencdh - Enter the project length in miles. (6) Functional Class - Enter the functional class for the road on which the project is to be located. The codes listed below can be found in the road log. RURAL 02 Principal Arterial 06 Minor Arterial 07 Major Collector (FAS) 08 Minor Collector 09 Local Access URBAN 12 Principal Arterial 13 Principal Arterial 14 Major Arterial 15 Principal Arterial 16 Minor Arterial 17 Collector Arterial 19 Local Access (7) Type of Work - Use one or more of the codes listed. List major work items first reflecting the nature of the anticipated final project. A. GRADING & DRAINAGE G. TRAFFIC FACILITIES B. BASE & TOP COURSE H. PATHS, TRAILS, BIKEWAYS C. B.S.T. / SEALS I. BRIDGES D. A.0 ./ P.C.C. PAVEMENT J. FERRY FACILITIES E. CURBS AND GUTTERS K. ENVIRONMENTAL MITIGATION F. SIDEWALKS L. FISH PASSAGE (8) Environmental Assessment - Use the following assessment codes (Reference: State Environmental Policy Act): S = Significant I = Insignificant E = Exempt *" PLEASE NOTE THAT THE DOLLARS IN COLUMNS 9 through 16 REFLECT ONLY THE AMOUNTS AND SOURCES EXPECTED TO BE SPENT DURING THE APPLICABLE CALENDAR YEAR (9) Source of Funds - County - Enter the total amount of county funds estimated for the project (use columns 10 and 11 for RID, developer contributions, and similar non -county funds). (10) Source of Funds - Other Funds - Enter the total amount of other funds estimated for the project. If more than one 'other" source (such as RAP + FAS), show each 'other' amount separately. (11) Source of funds - Other Funds Program Source - For each 'other" source shown in column 10, enter the abbreviation for the source type (ex: RAP, FAS, CAPP, BROS, UAB, TIB, RID, PVT, PWTF, etc.) (12) Estimated Expenditures - Engineering - Enter the estimated amount of engineering (PE, CE and Administration) expenditures for the project next year. (13) Estimated Expenditures - Right of Way - Enter the estimated amount of right of way expenditures for the project next year. (14) Estimated Expenditures - Construction - Contract - Enter the estimated amount of contract construction expenditures, excluding PE, CE and Administration, to be incurred by the county. (15) Estimated expenditures - Construction - County Forces - Enter the estimated amount of county forces expenditures. excluding PE, CE and Administration, for the project in the program year. Materials incorporated into a county forces proiect, even though created or supplied by a separate contract (ex: crushing) are to be included in the county forces construction amount. (16) Estimated expenditures - Grand Total - This is the total estimated expenditures for the project next year. This must equal the sum of columns 12 through 15 and also the sum of columns 9 through 10. The program total of this column should also equal the amount of construction shown in the final annual road budget. Your proposed construction by county forces is totaled at the top on line C. "TOTAL COUNTY FORCES CONST PROGRAM - column (15)" Your limit, based on population and % MVFT distribution is listed in B, PUBLISHED "COUNTY FORCES LIMIT (see instructions)" from the Limits Table. 193 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Lincoln Road - Phase I - CRP #902008 2010 Annual Construction Program Construction Funding Year(s): 2011 Project Narrative: This project is located southwest of Blaine in Sections 13 & 24, T40N, R1 E. This phase of Lincoln Road lies between Shintaffer and Harborview Roads. The project scope includes: structural overlay of the existing roadway, 8' wide shoulders and intersection improvements. This project is listed #1 on the 2010-2015 Six Year Transportation Improvement Program. Reconstruction Features: Total Width 40' Lane Width 12' Shoulder Width 8' Curb / Gutter No Sidewalk No Project Status: With the authorization of $2,400,000 in RAP Funds, the County is working on permitting and RAN acquisition, with a goal of construction in 2011. Project Funding: 2010 Total Federal / State $0 $2,400,000 (RAP) Local $600, 000 $1, 300,000 Total $600,000 $3,700,000 Environmental Permitting (Agencies/Permits): SEPA, CLR/CAO, Army Corps of Engineers, ESA Right -of -Way Acquisition ($ Estimate): $400, 000 County Forces ($ Estimate): N/A H 0 v~i > Of ES S RD. w z HALL 6' IF = DRAYTON HARBOR g McGEE RD. � o �RAYr R PK(if �' \ 5 Of n o ` �o P x ,1 In w o K1 J ti 1 �q� r ''F w 2 a LINCOLN RD. RO �� > Q Qf z o Q N w F E y��T� °��\ LOOMIS rIRAI RD. Ld V) []f > o HD.Qf C� �q , w BIRCH POINT RD. 6 o ANDERSON w � %Q m z o Q U > ctia BIRCH BAY m - LYNDEN RD o w of x �� BIRCH BAY o COMMUNITY CREASE'' BIRCH RD. \� m � Q 0 S BAY NTS ANDERSON ARNIE RD. ARTE, ARNIE hAnnual Road Construction Program\2010 Project Narratives\01 Lincoln Road I Narrative Final 2010.docx 194 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Birch Bay-Lynden Road / Blaine Road (SR 548) CRP #906001 2010 Annual Construction Program Construction Funding Year(s): To Be Determined Project Narrative: This project is located 4.6 miles south of Blaine, at the corners common to Sections 19, 20, 29 and 30, T40N, ME. Intersection improvements include a roundabout and illumination. This is a joint project with the Washington State Department of Transportation. This project is listed #2 on the 2010 — 2015 Six Year Transportation Improvement Program. New Construction Features: Total Width TBD Lane Width TBD Shared Shoulder TBD Curb / Gutter Yes Sidewalk Yes TBD = To Be Determined Project Status: Survey work and R/W plan started. Preliminary design will be initiated to evaluate RAN needs, permit requirements and overall project costs. In addition, preliminary design will be sent to WSDOT to request funding support. Project Funding: 2010 Total Federal/State - $0 $0 Local - $20,000 $20,000 Total - $20,000 $20,000 Environmental Permitting (Agencies/Permits): ECS, SEPA, CLR/CAO Right -of -Way Acquisition ($ Estimate): To Be Determined County Forces ($ Estimate): N/A _ DRAYTON HARBOR z HALL cry o %'y. w it McGEE RD. o GRAY m Of o PK f 5 o a o !O Of �L/js �.' J Dakota o TRq/ y y/TF C) B RD. O w w 7 _ ¢ LINCOLN RD. RQ > z w w w o F E T y0lTl OQ LOOMIS{ TRAIL RD. o o BIRCH w N POINT RD. o ANDERSON Q P % w Q w 2 N a BIRCH BAY — LYNDEN RD w o: 0 0 v� FR BIRCH BAY BIRCH o COMMUNITY CREASY p BA Y M & �RD 46s i i s ALDERSON ARNIE RD. ARTF, ARNIE RD. NTS RD. w �_ RD. o� w> / 6 > } w 548 w Y Y Q J J < w > ^� BIRCH BAY BAY RD. m �o LkAnnual Road Construction Prograrn=10 Project Narratives\02 Birch Bay-Lynden Road- Blaine Road Narrative Final 2010.docx 195 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Yew Street Road - Phase 2 - CRP #998001 2010 Annual Construction Program Construction Funding Year(s): 2010 Project Narrative: This project is located on Yew Street Road between Kingsmill St. and Tacoma Avenue, one mile south of Bellingham's city limits, in Sections 4 & 9, T37N, R3E. The scope consist of approximately 1,500 feet of a new road section with urban features. This project is listed as #3 on the 2010-2015 Six Year Transportation Improvement Program. New Construction Features - Total Road Width 34' Lane Width 12' Shoulder Width 5' Curb / Gutter Yes Sidewalks 5' Project Status: Design was completed in September of 2009 with construction to begin in June, 2010. RAN acquisition and environmental permitting are proceeding. Project Funding: 2010 Total Federal / State $2,228,000 (STPR) $2,228,000 (STPR) Local $1,197, 000 $1,197, 000 Total $3,425,000 $3,425,000 Environmental Permitting (Agencies/Permits): NO EFFECT BA, Army Corps of Engineers, DOE, HPA, ECS, SEPA, CLR/CAO, NPDES Right -of -Way Acquisition ($ Estimate): $325,000 County Forces ($ Estimate): To Be Determined BELLINGHAM BELLINGHAM DR. - `Y✓ a k BAY / LAKEWAY I CABLE wh o tC o m: ug' _ CITY LIMITS) NTS I � � i N fl 3 V 11 I SCHOOL KINGSMILL ST 1 Post I TACOMA AVE Point Fadden 3 5 Cq k �M�Sti °� I o I:Wnnual Road Construction Prograrr=10 Project Narratives\03 Yew St Rd Phase 2 Final 2010.docx 196 Whatcom County Public Works 2010 Annual Construction Program Project Narrative West Illinois Street - Ti m pson Way - CRP #905002 2010 Annual Construction Program Construction Funding Year(s): 2010 Project Narrative: This project is located just northeast of Bellingham's city limits in Sec- tion 23, T38N, R2E. This is a partnership project between the County, City of Bellingham, Bellingham Technical College and Morse Steel. The project involves constructing a new roadway from Marine Drive to the existing terminus of West Illinois Street. The new roadway will be an urban section composed of two-12 foot lanes and multi -modal enhancements. This project is listed #4 on the 2010-2015 Six Year Transportation Improvement Program. Proposed New Construction Features: Total Width 34' Lane Width 12' * Bike Lane Yes Curb / Gutter Yes Sidewalk Yes Lane width may be reduced toil'* Project Status: Design currently underway by the City of Bellingham, through an' Interlocal Agreement with Whatcom County. R/W acquisition and Environmental Permitting to occur in 2009, with construction in 2010. Project Funding: 2010 Total Federal / State $0 $0 Local $5,000 $5,000 Total $5,000 $5,000 Environmental Permitting (Agencies/Permits): BA, DOE, HPA, ECS, SEPA, CLR/CAO, NPDES Right -of -Way Acquisition ($ Estimate): $50,000 County Forces ($ Estimate): N/A l Creek 39 D F w SKAGIT �` BELLINGHAM g Z a T �. n INTERNATIONAL o KE I GG N = SS �"42 oz � AIRPORT — P J P NCE w w J U MAR/NE UNTRY LANE W. BAKERVIEW E. BAK W RD AY ® O\X Z 7 O U IA, DR. o N o�ti9%`ko D Of I I DRIVE AIR ' oo J Lit Q \�� .ALDER (y000 SQuQII �'Um �O I Z HILLSDALE X rgRtif rAL�PINE COTTONWOOD .J L — 0 � mL 4 m = J/ e �oR '���ltfllly W. ILLIN I NTS BELLINGHAM BA Y BELLINGHAM '' IL R. O r, LAKEWAY w CABLE r I I Z � w —J 0 I:Wnnual Road Construction Program\2010 Project Narratives\04 West Illinois St Timpson Way Narrative Final 2010.docx 197 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Birch Bay Drive Pedestrian Facility CRP #907001 2010 Annual Construction Program Construction Funding Year(s): To Be Determined Project Narrative: This project is located parallel to Birch Bay Drive from Cedar Avenue to the mouth of Terrell Creek, in T40N, R1 E, Sections 30 & 31 — T40N, R1W, Sections 24 & 25. This is a separated trail to encourage walking and bicycling along Birch Bay Drive. This supports safety while improving non -motorized mobility — thus lowering the volume of motor vehicle use. This project is listed #5 on the 2010 — 2015 Six Year Transportation Improvement Program. I New Construction Features: I Total Width N/A Lane Width N/A Shared Shoulder N/A Curb / Gutter N/A Sidewalk N/A TBD = To Be Determined Project Status: Phase 1 of the Feasibility Study was completed in 2006. Phase 2A (Preliminary Construction Cost Estimate) was completed in 2007, and the remainder of Phase 2 — (Preliminary Design) will begin in 2010. Anticipated R/W acquisition in 2011 and construction start-up in 2012. Road fund estimated to pay for 60% of project total. Project Funding: 2010 Total Federal/State - $0 $0 Local - $10,000 $10,000 Total - $10,000 $10,000 Environmental Permitting (Agencies/Permits): Whatcom County -Shorelines; WDFW- HPA, Army Corps of Engineers, DOE; Sec 404 Clean Water Act Right -of -Way Acquisition ($ Estimate): $100, 000 County Forces ($ Estimate): N/A oako to s V) = Q LINCOLN RD. Q w z q J o = y LOOMIS w J N F E T U) a o RD. BIRCH POINT RD. ANDERSON w o�• F� 9w Z U icy BIRCH BAY m - LYNDEN RD o w 5 ��` BIRCH BAY ,y COMMUNITY m a BIRCH s ARNIE RD. ARNIE BAY ALDERSON ARTS , S w NTS RD. RD. j Y / � BAY / RD. (:\Annual Road Construction Program\2010 Project Narratives\05 Birch Bay Drive Pedestrian Facility Final 2010.doc 198 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Potter Road / South Fork - Bridge #148 - CRP #998027 2010 Annual Construction Program Construction Funding Year(s): ITo Be Determined Project Narrative: This bridge replacement project is located in Sections 17 & 18, T38N, R5E. The existing single -lane bridge (14.5' wide & 243' in length) is Structurally Deficient and Functionally Obsolete. The replacement structure is a two -span, pre -stressed and post -tensioned concrete girder bridge. Access will need to be maintained throughout constr- uction as this is the only public access to the residential, agricultural and tribal community west of the river. This project is listed #6 on the 2010-2015 Six Year Transportation Improvement Program. New Replacement Features: Total Width 28' Lane Width 10, Shoulder Width 4' Curb / Gutter N/A Sidewalk N/A Bridge Length 340' Project Status: Design funds have been secured and due to the low structural sufficiency rating (11.99), construction costs qualify for BRAC funding. Final design to begin in October/November of 2009. Project Funding: 2010 Total Federal / State $400,000 BR $795,000 BR Local $- 50,000 $105,000 Total $450,000 $900,000 Environmental Permitting (Agencies/Permits): BA, HPA, ECS, SEPA, CLR/CAO, SHORELINES Right -of -Way Acquisition ($ Estimate): $105, 000 County Forces ($ Estimate): N/A RSH S NTS (� Q) - 1 o o VAN ZANDT fl Q0 1 POTTERRD N t o Mosquito �° - -' t �� �� C� Lake I l �\+1 �� W t _J O 9 Ckipiper hAnnual Road Construction PrograrnQ010 Project NarrativesM Potter Rd. Bridge Narrative Final 2010.docx 199 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Baker Lake Road / Sulphur Creek Bridge #422 - CRP #908013 2010 Annual Construction Program Construction Funding Year(s): 2010 Project Narrative: This project is located in the Mount Baker National Forest, 2.05 miles north of the Skagit County line & west of Baker Lake in Section 25, T37N, R8E. In November of 2006, scour caused by heavy rains and debris undermined the southern bridge approach. Further damage caused by a storm event on December 3rd, 2007 closed the bridge. A temporary one -lane bridge was placed over the creek in the winter of 2007-2008. The project scope includes installation of a permanent bridge and mitigation (bank protection) to safe guard county facilities (road) and allow the creek to migrate naturally. This project is listed #7 on the 2010-2015 Six Year Transportation Improvement Program. New Construction Features: Total Width 30' Lane Width 12' Shoulder 3' Curb / Gutter N/A Bridge Length 1 112' Project Status: Design of the replacement structure is underway. Construction will be in 2010 during the fish window. Project Funding: 2010 Total Federal / State $1,225,000 (FED ER) $1,225,000 (FED ER) Local $ 190,000 $ 190,000 Total $1,415,000 $1,415,000 Environmental Permitting (Agencies/Permits): HPA, Sec. 404 Clean Water Act, Shorelines, SEPA, CLR/CAO, Sec 401 Water Quality Certification Right -of -Way Acquisition ($ Estimate): N/A County Forces ($ Estimate): To Be Determined MOUNT BAKERs�'� , NATIONAL 0 FORES 7 NF•�`-14 �cp� \ \ NTS Watson AA Anderson Lakes 0 lAAnnual Road Construction Program\2010 Project Narratives\07 Baker Lake Rd, Sulphur Crk Bridge Final 2010.doc 200 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Slater Road / Nooksack River Bridge - CRP #905003 2010 Annual Construction Program Construction Funding Year(s): To Be Determined Project Narrative: This project is located West of 1-5 between the BNSF Railroad tracks and Nooksack River Bridge No. 512 in Sections 4 & 5, T38N, R2E. The project involves the elevation of approximately 2,000 LF of Slater Road, including an estimated 375 LF of new bridge span, to accommodate the underflow of floodwaters anticipated from a 100- year flood event. This project also incorporates a separate bypass detour road and temporary bridge to enable Slater Road to remain open during construction. This project is listed #8 on the 2010-2015 Six Year Transportation Improvement Program. New Construction Features - Total Width 44' Lane Width 12' Shoulder Width 8' Curb / Gutter N/A Sidewalk I N/A Project Status: Permitting and design and will continue, construction pending additional funding. Project Funding: 2010 Total Federal / State - $0 $0 Local - $750,000 $750,000 Total - $750,000 $750,000 Environmental Permitting (Agencies/Permits): BA, SEPA, Wetlands, JARPA, Corps 404, NEPA, Whatcom County Shoreline and Temporary Encroachment Permit Right -of -Way Acquisition ($ Estimate): $200, 000 County Forces ($ Estimate): N/A CE CL � A ULRICK RD. W. SMITH RD-__J� W B T�� t / 1 S NTS ° SLATER RD V //\k RED � oz O Porgy J = Q o ! o o' hAnnual Road Construction Prograrn=10 Project Narratives\08 Slater Road, Nooksack River Bridge Narrative Final 2010.docx 201 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Haxton Way Non -Motorized Improvements - CRP #907012 2010 Annual Construction Program Construction Funding Year(s): 2010 Project Narrative: This project, in collaboration with the Lummi Nation is located south- west of Ferndale on Haxton Way. The work provides for a separated pedestrian/bike trail adjacent to Haxton Way from Kwina Road to Slater Road in Sections 1 &12, T38N, R1 E. This project is listed #9 on the 2010-2015 Six Year Transportation Improvement Program. New Construction Features - Total Width N/A Lane Width N/A Bike Lane Width N/A Curb / Gutter N/A Separated Trail Width 8'-10' Project Status: Design and RNV complete. The project will go to bid in 2009 with construction in 2010. Project Funding: 2010 Total Federal / State $ $ Local $100,000 $100,000 Total $100,000 $100,000 Environmental Permitting (Agencies/Permits): SEPA, CLR/CAO, Army Corps of Engineers, ESA Right -of -Way Acquisition ($ Estimate): $30,000 County Forces ($ Estimate): N/A SLATER RD, } SLATER GERMAINE `z RD. RD.LU RIVER Rp. NORTH RED Z \ 50UTy RED 8- 7 w Ali . ,D G SKAGIT `1 V_ BELLINGHAM U rY L� S� T ~ INTERNATIONAL rn = ¢ I oAIRPORT w a = MqR/NE C ',UNTRY LANE z s ❑ 3 NTS � SCOTT RD. DRIVE \ AIR z rn "9'Qi L UMMI BAY LU M M I BELLINGHAM BAY �Po Li NATION I:IAnnual Road Construction Program\2010 Project Narratives\09 Haxton Way Non -Motorized Improvements Final 2010.docx 202 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Birch Bay-Lynden Road / Portal Way - CRP #901011 2010 Annual Construction Program Construction Funding Year(s): 2012 Project Narrative: This project is located south of Blaine and west of 1-5, in Section 22, T40N, R1 E. Proposed improvements include signalization, channel- ization and illumination of the intersection with minor changes to the vertical alignment. This project is listed #10 on the 2010 — 2015 Six Year Transportation Improvement Program. New Construction Features: 1 Total Width 36' Lane Width 11' Shoulder Width 6' Curb / Gutter N/A Sidewalk N/A Left Turn Lanes YES Project Status: Design has been completed to the 70% level. Funding options are being explored to fully fund the project for construction in 2012. Project Funding: 2010 Total Federal / State $0 $750,000 (RAP) Local $20,000 $ 40,000 Total $20,000 $790,000 Environmental Permitting (Agencies/Permits): To Be Determined Right -of -Way Acquisition ($ Estimate): $100,000 County Forces ($ Estimate): N/A F E T hO�T OQ LOOMIS TRAIL RD. o ` ` to 0 ANDERSON w ��• � 9% 5 [if m �cy�z ^ w [if 01 Q BIRCH BAY m — LYNDEN RD o UJ BIRCH BIRCH BAY BAY COMMUNITY 10 0 m cy__ Ci CUSTER Cf ALDERSON ARNIE RD. ART / ARNIE RD. w � w a w c RD. � RD. o j a \ s Of NTS Y J w \\' a J Z BAY RD. m �� o HAnnual Road Construction Program\2010 Project Narratives\10 Birch Bay Lynden Rd -Portal Wy Narrative Final 2010.doox 203 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Mosquito Lake Road / Middle Fork Bridge #140 - CRP #904019 2010 Annual Construction Program Construction Funding Year(s): 2009-2010 Project Narrative: The Mosquito Lake Rd, Middle Fork Bridge #140 is located 16 miles northeast of Bellingham and 4 miles east of Van Zandt in Section 13, T38N, R5E. This is a bridge rehabilitation project that includes re- placement of the bridge deck and both approach spans. Also included are the installation of new guardrails on the bridge, installation of scour protection and repainting of all structural steel. This project is listed #11 on the 2010-2015 Six Year Transportation Program. New Construction Features: Total Width N/A Lane Width N/A Bike Lane Width N/A Curb / Gutter N/A Sidewalk N/A Project Status: Construction began in June of 2009 and will continue for approximately 8-10 months. Project Funding: 2010 Total Federal / State $450,000 (BR) $450,000 (BR) Local $0 $0 Total $450,000 (BR) $450,000 (BR) Environmental Permitting (Agencies/Permits): HPA, Sec. 404 Clean Water Act, Shorelines, SEPA, CLR/CAO, Sec 401 Water Quality Certification Right -of -Way Acquisition ($ Estimate): N/A County Forces ($ Estimate): To Be Determined <</AMS - - ��• DEMINC� .1 \ R� Creek v0i e Q \ c v o s o x NTS m A ( l VAN ZANDT Potte o i z i POTTER SCHORNBUSH V K a 10 U �RD. LIND POTTER d RD. o T � ^� `�PLsters Gr• 1 0 Gr• Mosquito` 24 Loke - i 0 �p ' Clipper (( Jorgensen '. = lin9 1 • � L: Annual Road Construction Program\2010 Project Narratives\11 Mosquito Lake Road, Middle Fork Bridge #140 Narrative Final 2010.doc 204 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Clearbrook Road / Johnson Creek Bridge #302 - CRP #905017 2010 Annual Construction Program Construction Funding Year(s): 2010 Project Narrative: This project is located southwest of the city of Sumas in Section 4, T40N, R5E. This is a federally funded bridge replacement project that involves removal of the existing structurally deficient bridge and replacement with a 50-foot single span prestressed voided slab on steel piles and cast in place concrete abutments. Bridge rails and guardrail approaches will be installed. This project is listed #12 on the 2010-2015 Six Year Transportation Improvement Program. New Construction Features: Total Width 32' Bridge Length 50' Shoulder Width N/A Curb / Gutter N/A Sidewalk N/A Project Status: Design & permitting completed. Funding has been obligated. Construction to occur in the spring/summer of 2010. Project Funding: 2010 Total Federal / State $800,000 (BR) $800,000 (BR) Local $0 $0 Total $800,000 (BR) $800,000 (BR) Environmental Permitting (Agencies/Permits): HPA, Sec. 404 Clean Water Act, Shorelines, SEPA, CLR/CAO, Sec. 401 Water Quality Certification Right -of -Way Acquisition ($ Estimate): N/A County Forces ($ Estimate): To Be Determined 7- Cy�i,� Juds® J � �` Lake w 0 _ HALVERSTICK RD. SUMAS- � Pongborn � — t � Lake cc RD. o o �jCC PA GBORN RD. (ee� / 9 o mLd G- w 0 CLEARBROOK D. J c _ _ W ' a o MORGAN RD. o > I' a 0 5 A E. BADGER I z RD. 0 �. MINAKER RD. V) a- z a- o a c of w c O _Z 0 J l Surnas DEFTER S NTS I:Wnnual Road Construction Programt2010 Project Narratives112 Clearbrook Rd -Johnson Creek Bridge 302 Final 2010.docx 205 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Portal Way / Dakota Creek Bridge #500 - CRP #910001 2010 Annual Construction Program Construction Funding Year(s): To Be Determined Project Narrative: This project is located south of Blaine in Section 8, T40N, R1 E. This bridge was built in 1928. Funding has been applied for through BRAC (Bridge Replacement Advisory Committee). Rehabilitation needed for this structure: realign and secure spans, resurface deck and repair pier/ erosion/ cracks/ spalls and add restrainers. This project is listed #13 on the 2010-2015 Six Year Transportation Improvement Program. Project Status: BRAC funding has been applied for. Project Funding: 2010 Total Federal / State $0 $0 Local $5,000 $5,000 Total $5,000 $5,000 Environmental Permitting (Agencies/Permits): To Be Determined Right -of -Way Acquisition ($ Estimate): To Be Determined County Forces ($ Estimate): To Be Determined Existina Bridge Features Total Length 335' Total Width 31.5` Shoulder Width N/A Curb / Gutter N/A Sidewalk 5'(Left) Peace ,_" I \ Arch W k Pork �P Semiahmoo\\ \ BLAINE H ST EET RD. OQ Light House l BOBLETT Ld w 3 5 / \ PIPELINE RD. w / O Q 100, L SWEET RD. � DRA YTON HARbQR 1AA/ o s ( — � — — HOIER v~i � � s s L WEST 0, I HAYNIE RD. NTS �, Fy \ _Z HALL 94 Ro �o�o 6 I ➢ g Of o ih C McGEE RD. m of oo 0 L_ PKk� I o ,h 5 f & o P� w �MrS l /yy'v koto BEHME RD. of o° I I Rqi �TF w C_� i LINCOLN RD. Rp > r w N w EL /'OAT LOOMIS % TRAIL RD. o V) it it RLd 2y y J BIRCH POINT RD. 6r O ANDERSON A of g W w C� it m > u~i BIRCH BAY — LYNDEN RD. a v I:Wnnual Road Construction Program12010 Project Narratives\13 Portal Way -Dakota Creek Bridge 500 Final 2010.docx 206 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Point Roberts Transportation Improvement - CRP #910002 2010 Annual Construction Program Construction Funding Year(s): 2011 Project Narrative: Point Roberts is located in T40 & 41 N, R3W. This project specifies area needs and the development of a project to be funded by the Pt. Roberts Transportation Benefit District. This project is listed #15 on the 2010-2015 Six Year Transportation Improvement Program. I New Construction Features: I Total Width TBD Lane Width TBD Shoulder Width TBD Curb / Gutter TBD Sidewalk TBD Project Status: Public Works will conduct Public Outreach in the Point Roberts community in 2010 to discuss area interests. Project identification, scope and engineering in 2010, with construction in 2011. Project Funding: 2010 Total Federal / State $0 $0 Local $50,000 $400,000 Total $50,000 $400,000 Environmental Permitting (Agencies/Permits): To Be Determined Right -of -Way Acquisition ($ Estimate): To Be Determined County Forces ($ Estimate): To Be Determined A -oo. ROOSEVELT R0. R�¢ Maple \ Peocce,F` p o NNLE Beoch P` \ Pam BLAIN i JOHNSON RD. e Semiahmoo \ .T r" RIX Light House o BOBLEir � u ❑ BENSON = RD. o (�\PCC,,r` ^ in > ~ Z 5 LF R I // \ PIPELINE a RD. A.P.A. m RD. m \ o c f \ O SWEET RD. ➢RAYTON HAR�QR �g\� o c9W v . a h L-- ` HOIER t>m U.S. LIGHTHOUSE OHLL '7\ 0.1 RESERVE POINT ROBERTS 0 na PPS L — PK _ A LINCOLN RD. RO \ X w o N n� yot > \\ rn N a > BIRCH POINT RD. d 9jPCy m ANDERSON g � � ? \ K m O^ NT$ Birch t a BIRCH BAY - LYNDEN RD O Cottonwood 01 Beach 7 rc o BIRCH FBAYCOMM (:\Annual Road Construction Program\2010 Project Narratives\15 Point Roberts Transportation Improvement Final 2010.docx 207 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Slater Road Intersections - CRP #910003 2010 Annual Construction Program Construction Funding Year(s): To Be Determined Project Narrative: This project involves two Slater Road intersections, one at Imhoff Road and the other at Ferndale Road. Both are located south of Ferndale in Section 31, T38N, R2E. The overall scope includes installation of left turn lanes on Slater and widening of Imhoff and Ferndale Roads. This project is listed #17 on the 2010 — 2015 Six Year Transportation Improvement Program. New Construction Features: Total Width TBD Lane Width TBD Shoulder Width TBD Curb / Gutter N/A Sidewalk N/A TBD=To Be Determined Project Status: Initiate preliminary design to establish RNV needs, permit requirements and overall project costs. Project Funding: 2010 Total Federal / State $0 $0 Local $10,000 $10,000 Total $10,000 $10,000 Environmental Permitting (Agencies/Permits): To Be Determined Right -of -Way Acquisition ($ Estimate): To Be Determned County Forces ($ Estimate): To Be Determined N''XN UAL "- w, 0,((e'� m ,, W. AXTON RD. MTN VIEW RD S I- ( Cfegk o J ee tiLING- _ rn RD. = �w OG92 P J BLOOM Y 6 w Q f w L Z Cr ~ rj ULRICK RD. L //j W. 3 SMITH RD. 1 m cl� p ✓� \ O V) w to LAMPMAN RD. o r La ent �_ j LARSON RD. LARSON o 16 y' \,g � RD. SSUNSET AVE. a LANGE KELLY RD SLATER — — — �� O RD. KLINE e % o RAYHORST SHADY Z I( J RD ENE i 5 WALDRON o� HORTON o' A SOUTRED Z �J/RD. 20RD. ifPor,, w `' �G a9�ll s�u� _ 1 5 39 Fr SKAGIT ` N BELLINGHAM U T NTS Sy n ST INTERNATIONAL o KEL GG hAnnual Road Construction Program\2010 Project Narratives\17 Slater Road Intersections Final 2010.docx 208 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Hannegan Road / Scott Ditch Bridge #245 - CRP #908014 2010 Annual Construction Program Construction Funding Year(s): 2009-2010 Project Narrative: This project is located approximately 1 mile south of the Nooksack River at the corners common to sections 28, 29. 33 & 32 T39N, R3E. The current bridge is a two -span bridge with a timber substructure. It is overload restricted and is showing signs of distress in the concrete girders. The bridge will be replaced with a single span bridge suitable for the heavy truck traffic on Hannegan Rd. This project is listed #23 on the 2010-2015 Six Year Transportation Improvement Program. New Construction Features - Total Width 40' Lane Width 12' Shoulder Width 8' Curb / Gutter N/A Sidewalk N/A Brid a Length 77' Project Status: Federal funds became available through the American Recovery and Reinvestment Act, enabling start-up of this project. Construction began on August 24, 2009 and is scheduled for approximately 10 weeks. Project Funding: 2010 Total Federal / State $0 $0 Local $5,000 $5,000 Total $5,000 $5,000 Environmental Permitting (Agencies/Permits): HPA, SEPA, CLR/ CAO, Sec. 401 Water Quality Certification Right -of -Way Acquisition ($ Estimate): N/A County Forces ($ Estimate): N/A o (eel W, MAIN RD. I LY E % - E. MAIN EET _ -- — -- - - ---t— j,;rI:oi;;^, 'Vv'i z -=------ r-. n Ry. a z w a a of T O p F O T ST. o HAMPTON RD. NTS m D. K RD. POUNDER RD. RD. _J W �� w m Gtee 0 STICKNEY 0 F�yr�t Scott D RD• Z NOLTE RD. RIVER VA DYK o RD. River LAKE RD. ERSON � WISER LAKE RD E. MISER � VAN DYK OS _ w ,; wis r Lake Fountain EVERS N 1:1Annual Road Construction Program12010 Project NarrativesM Hannegan Rd Scott Ditch Narrative Final 2010.docx 209 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Legoe Bay Road Repair — CRP #909007 2010 Annual Construction Program Construction Funding Year(s): To Be Determined Project Narrative: This project is located on Lumr-ni Island, in Section 8, T37N, R1 E. This is the feasibility study for seawall removal and soft shore beach creation. This project will provide the information necessary to pursue grant funds for removal and construction. This project is listed #24 on the 2010 — 2015 Six Year Transportation Improvement Program. Project Status: Project identification, schedule and construction cost estimate in 2010. Project Funding: 2010 Total Federal / State $0 $0 Local $50,000 $50,000 Total $50,000 $50,000 Environmental Permitting (Agencies/Permits): To Be Determined Right -of -Way Acquisition ($ Estimate): To Be Determined County Forces ($ Estimate): To Be Determined Naw (tnn0n irtinn Paati vac• Total Width TBD Lane Width TBD Shoulder Width TBD Curb / Gutter TBD Sidewalk TBD TBD=To Be Determined r,uMMI %� � l�BELLINGHAM Point klig/ey SMOKEHOUSE RD. / }' ) (r — -- / 11 LAKEW YY. " Lumni i NATION Pa' 4 \\ I II tal i .t li BLIZARO RD_.� Fem Point uy ;CEMER�_/Eer7 Pant \ J' BELLINGHAM BAY 9" Villago Point \ �Y RD_ jl, ' �� Podd v g ---i The Portage Past Paint en l \ ? G9ti C m,iI- x � SOUTH `tBELLINGHA61(!;' �! TI 0�i Chuc Loh l% i SUNRISES RD.-�� . t�.9 ` < - \ c �\ Point Francis \1� f� Chuckanut Rock Q ?LCa p d - - hAnnual Road Construction Programt2010 Project Narrativest24 Legoe Bay Road Protection Narrative Final 2010.docx 210 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Noon Road / Ten Mile Creek Bridge #240 - CRP #910004 2010 Annual Construction Program Construction Funding Year(s): 2010 Project Narrative: This project is located east of Ferndale in Sections 22 & 27, T39N, R3E. This project is the replacement of the structurally deficient 31' span bridge with a 40' voided slab bridge. This project is listed #25 on the 2010 — 2015 Six Year Transportation Improvement Program. Project Status: To be completed by county forces in 2010. Project Funding: 2010 Total Federal / State $0 $0 Local $300,000 $300,000 Total $300,000 $300,000 Environmental Permitting (Agencies/Permits): HPA, SEPA, CORPS, DOE Right -of -Way Acquisition ($ Estimate): N/A County Forces ($ Estimate): $300,000 New Construction Features: Total Width N/A Lane Width N/A Shoulder Width N/A Curb / Gutter N/A Sidewalk N/A � w o TEN MILE RD. z T O O O z 0 e hm'�e E. HEMMI RD. o Fazon Lake tr Q W. HEMMI RD. z X RD. LAUREL RD. W. LAUREL E. w a w W.. AXTON RD. � E•AXTON 25 NTS 539 E. SMITH RD. hAnnual Road Construction Programt2010 Project Narrativest25 Noon Rd Ten Mile Creek Narrative Final 2010.docx 211 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Northwest Drive / Bear Creek Culvert - CRP #909010 2010 Annual Construction Program Construction Funding Year(s): 2010 Project Narrative: This project is located east of Ferndale in Section 2, T38N, R2E. A storm in January of 2009 collapsed the existing 72" culvert. Temporary repairs to the culvert and shoulders were accomplished by County Forces. A new fish passable culvert will be installed. This project is listed #28 on the 2010 — 2015 Six Year Transportation Improvement Program. Project Status: Survey, design and permitting in 2009-2010, with construction in 2010. New Construction Features: Total Width NA Lane Width NA Shoulder Width NA Curb / Gutter NA Sidewalk NA Project Funding: 2010 Total Federal / State $420,000(FED ER) $420,000(FED ER) Local $ 58,000 $ 58,000 Total $478,000 $478,000 Environmental Permitting (Agencies/Permits): HPA, SEPA, BA,ECS Right -of -Way Acquisition ($ Estimate): To Be Determined County Forces ($ Estimate): To Be Determined �L—SMITH RD. E. SMITH RD. Tennant \ Lake ' \ s Q NTS I� SLATER KELLY RD. RD � SLATER �— - — — RD. 8 KLINE RD. z o I Q J \5 �� z o �� �/ King Mtn. _ � ��� ?0 Ld 39 BELLINGHA\ INTERNATIONAL !BLAK�RVIEW AIRPORT — Ld LANE W. E. BAKERVIEW L\Annual Road Construction Program12010 Project Narratives128 Northwest Drive Bear Creek Narrative Final 2010.docx 212 Whatcom County Public Works 2010 Annual Construction Program Project Narrative South Pass Road Repair - CRP #909011 2010 Annual Construction Program Construction Funding Year(s): 2010 Project Narrative: This project is located east of Nooksack in Section 26, T40E, R4E. A storm in January of 2009-caused a slide which washed out materials supporting the roadway. Repairs include clearing, soldier pile tie back wall, shoulder reconstruction, guardrail and shoulder repaving. This project is listed #29 on the 2010 — 2015 Six Year Transportation Improvement Program. Project Status: Survey, design and permiting in 2009/2010 with construction in 2010. New Cnnstructinn Features - Total Width N/A Lane Width N/A Shoulder Width N/A Curb / Gutter N/A Sidewalk N/A Project Funding: 2010 Total Federal / State $453,000(FED ER) $453,000(FED ER) Local $ 92,000 $ 92,000 Total $545,000 $545,000 Environmental Permitting (Agencies/Permits): BA, SEPA, ESA, CLR/CAO, NPDES Right -of -Way Acquisition ($ Estimate): $10,000 County Forces ($ Estimate): To Be Determined M - w p Ci z 5 J Sumos � LINDSAY � ----+--+— Pun;ngtun Northern Ry. --- I I SOJjCrI o eek ci C \ \ � PTON I T w N RD ALM RD. �} a w M �D.z 0C w G� Enn TIMONIn TOM RD. '� 0 SORENSON RD. p O z rJ i GFr z V I z j I\O ECK�� 29 X STICKNEY L ; N00KSACK Nf BAN 6 RD•I L SOUTH PASS RD. U NOLTE r "Z s Creek NTS A P o a , 3on VAN DYK ERSON P 2 °o j MASSEY RD. a 0p5 .' t EV RS�N W J w 54 N u Y. I \ Y L_ a `I o U N W J OLE, MACK a � wJ RD. I:Wnnual Road Construction PrograrnUO10 Project Narrativesk29 South Pass Road Repair Narrative Final 2010.docx 213 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Manley Road Culvert Replacement - CRP #90'9008 2010 Annual Construction Program Construction Funding Year(s): 2010 Project Narrative: This project is located southeast of Bellingham in Section 26, T37E, R3E. A storm in January of 2009 — caused the culvert to blow out - which washed out & closed the road. Repairs to include replacement with a fish passable culvert or bridge. This project is listed #30 on the 2010— 2015 Six Year Transportation Improvement Program. New Construction Features - Total Width N/A Lane Width N/A Shoulder Width N/A Curb / Gutter N/A Sidewalk N/A Project Status: Hydraulic analysis is underway. Design and construction will be based on results of analysis. Project Funding: 2010 Total Federal / State $210,000(FEMA) $210,000(FEMA) Local $ 30,000 $ 30,000 Total $240,000 $240,000 Environmental Permitting (Agencies/Permits): HPA, SEPA, CA, BA, LAND DISTURBANCE, ECS, CORPS Right -of -Way Acquisition ($ Estimate): N/A County Forces ($ Estimate): To Be Determined Po.°t Paint adden o SOUTH BELLINGHAM I Lake \ I ° Louise PP'FY ° ,T C_hucB �!l/� Lake Padden i u _� ;_ ✓� aiD - � swsN y .,� , Chuckanut Rock /r!/ m I� Cedar 30 y. 3 /` �RO Park CNUCKANUT BAY Q Lake Pine Q Lake NE Go"Mom Paint <!/ S' V ` i 0U Samish� a ' rc 7�, Mud Ro/? Reed u ' M'Lake Lake / � Lake pC q e � dd STATE Fragrance °pl Colo PARK L ke i.0 ,.i 'P5 spL Cain f 1fJd °a qfg Lake P SKAGIT COUNTY °m z. 0 hAnnual Road Construction Programk2010 Project Narratives%30 Manley Rd Culvert Narrative Final 2010.docx 214 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Emerald Lake Way Slide Repair - CRP #909006 2010 Annual Construction Program Construction Funding Year(s): 2010 Project Narrative: This project is located northeast of Bellingham in Section 11, T38E, R3E. A storm in January of 2009-caused a landslide below and adjacent to Emerald Lake Way. The roadway is currently one lane with stop signs at each end. Repairs to include slope stabilization with a rock riprap slope, guardrail and shoulder repair. This project is listed #31 on the 2010 - 2015 Six Year Transportation Improvement Program. New Construction Features - Total Width N/A Lane Width N/A Shoulder Width N/A Curb / Gutter N/A Sidewalk N/A Project Status: Design currently underway. Temporary construction easements will be acquired. Construction to occur in 2010. Project Funding: 2010 Total Federal / State $428,000(FEMA) $428,000(FEMA) Local $104, 000 $104, 000 Total $532, 000 $532, 000 Environmental Permitting (Agencies/Permits): DOE, SEPA, CLR/CAO Right -of -Way Acquisition ($ Estimate): $35,000 County Forces ($ Estimate): To Be Determined I o OL 0 m King Mtn. VAN WYCK RD. BAKER HIGHWAYS ' Z Creek91 BELLINGHAM Z INTERNATIONAL o l N I aZ AIRPORT — -� I a J = ° 429}Toad Lakjo e�icum W.ERWEW E. BAKE EW RD Lake 31 \ q of E as J L I o rc SnlJolicum Z HIL SDALE Y \ M.APINE ;rli, Y I o g Squalicum Mtn. Q� OTfONW00 L — G °a 1,525 L I DO o m ---1W ILUNoIs �2F ti co Syo AGATE BELLINGHAM L RF RD �j BAY LAKEWAY > CABLE Lake s S w I < I r1N - - - - - J 0 �F �Whotcom hAnnual Road Construction Program\2010 Project Narratives\31 Emerald Lake Way Slide Narrative Final 2010.docx 215 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Rutsatz Road Repair - CRP #909009 2010 Annual Construction Program Construction Funding Year(s): 2010 Project Narrative: This project is located southeast of Deming in Section 4, T38E, R5E. A storm in January of 2009 — caused excessive run off and erosion to the embankment and roadway, destroying a lane of the road. Repairs to include debris removal, rebuild embankment and repair/replace roadway. This project is listed #32 on the 2010 — 2015 Six Year Transportation Improvement Program. New Construction Features: Total Width TBD Lane Width TBD Shoulder Width TBD Curb / Gutter N/A Sidewalk N/A TBD=To Be Determined Project Status: Will initiate survey, permitting and design in 2009-2010 with construction in 2010. Project Funding: 2010 Total Federal / State $268,000(FEMA) $268,000(FEMA) Local $ 39,000 $ 39,000 Total $307,000 $307,000 Environmental Permitting (Agencies/Permits): SEPA, CAO, SHORELINES Right -of -Way Acquisition ($ Estimate): To Be Determined County Forces ($ Estimate): To be Determined 5 it \ Q } Q W J J \ = X o DEMIN s \\�� r\�� SR�C� 0 MPRSHAU �o.32 s NTS \ �F \� 32 JSSp�1 Creek v 9 Y 0 0 1, VAN ZANDT `1 Pottet \ o POTTER SCHORNBUSH a a o LIND POTTER RD. r r RD. C o N \ Mosquito Lake j [:Annual Road Construction Programt2010 Project NarrativesM Rutsatz Road Narrative Final 2010.docx 216 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Refurbish / Upgrade of the Whatcom Chief - CRP #910012 2010 Annual Construction Program Construction Funding Year(s): To Be Determined Project Narrative: This project involves the upgrade and preservation of the current ferry to Lummi Island, M/V Whatcom Chief. The project definition will address safety, accessibility, reliability, and environmental concerns associated with the 48 year old ferry. This project is listed #33 on the 2010-2015 Six Year Transportation Improvement Program. Vessel Statistics Length ft 94 Beam ft 44 Year Built 1962 Passengers 100 Cars 20 Project Status: Project definition will begin in 2009, design to start in 2010 pending acquisition of grant funding. Project Funding: 2010 Total Federal / State $850,000(OTHER) $850,000(OTHER) Local $0 $0 Total $850,000 $850,000 Environmental Permitting (Agencies/Permits): N/A Right -of -Way Acquisition ($ Estimate): N/A County Forces ($ Estimate) N/A MN Whatcom Chief I:Wnnual Road Construction Programt2010 Project Narratives133 Refurbish Upgrade Whatcom Chief Narrative Final 2010.docx 217 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Ferry Dock Improvements - CRP #910013 2010 Annual Construction Program Design/Construction Funding Year(s): 2010 Project Narrative: This project includes improvements to the ferry docks at Gooseberry Point and Lummi Island, in Sections 3 & 4, T37N, R1 E. It includes replacement or rehabilitation of dolphins, wingwalls, paint systems and other dock facilities. This project is listed #34 on the 2010-2015 Six Year Transportation Improvement Program. Project Status: Design to be completed in 2009 with construction in the fall of 2010. New Construction Features: Total Width N/A Lane Width N/A Bike Lane Width N/A Curb / Gutter N/A Sidewalk N/A Project Funding: 2010 Total Federal / State $ 0 $ 0 Local $500,000 $500,000 Total $500,000 $500,000 Environmental Permitting (Agencies/Permits): HPA, Sec. 404 Clean Water Act, Shorelines, SEPA, CLR/CAO, Sec. 401 Water Quality Certification Right -of -Way Acquisition ($ Estimate): N/A County Forces ($ Estimate): N/A CAGEY RD LUMMI Point Migley N 3e SMOKEHOUSE RD a PN ho re NATION o�� BELLfNGHAM BAY Lummi 34 5� Point s/ .Z BUZARD RD 7 y Fern Point � JGoose - CENTER � v � -� Pant / v 3 K VIEW RD 4�e� o� NTS G E 34 9 EEGO BAY RD � t,llage Point i The Portage TUTIO STI- w C`Sl 9C� .o \ 0 Z 9`ss SUNRISE "9C G RD Point Francis hAnnual Road Construction Program\2O1O Project Narratives\34 Ferry Dock Improvements Narrative Final 2O1O.doc 218 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Various Ferry Parking and Staging - CRP #910014 2010 Annual Construction Program Design/Construction Funding Year(s): 2010 This project is located in Sections 3 & 4, T37N, R1 E and listed #35 on the 2010 —2015 Six Year Transportation Improvement Program. For Gooseberry Point the project includes: improved lighting, security, surveillance, drainage, parking - in cooperation with Lummi Nation. For Lummi Island the project includes: improved lighting, safety and security. Project Status: Project definition will begin in 2010 with available funding. New Construction Features - Total Width N/A Lane Width N/A Bike Lane Width N/A Curb / Gutter N/A Sidewalk N/A Project Funding: 2010 Total Federal / State $0 $0 Local $10,000 $10,000 Total $10,000 $10,000 Environmental Permitting (Agencies/Permits): To Be Determined Right -of -Way Acquisition ($ Estimate): N/A County Forces ($ Estimate): N/A CAGEY RD 11 LUMMI Point Migley N 3e SMOKEHOUSE RD r NATION a�� BELLINGHAM BAY Lummi 35 0� Point S o X �t y BLIZARD RD 7 Fem Point J Goose- y CENTER y berry r s V VIEW RD ��Q- Point OR NTS G k 9 lEGOE 35 � Village Point BAY RDi The Portage CO STI- S TUTIO o F9n $•,�i w o 9 O Z ss9 SUNRISE G RD SG f Point Francis hAnnual Road Construction Program\2010 Project Narratives\35 Various Ferry Parking and Staging Narrative Final 201C.docx 219 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Gooseberry Point Ferry Dock Relocation - CRP #906006 2010 Annual Construction'Program Design/Construction Funding Year(s): To Be Determined Project Narrative: This project is the overall feasibility study relating to the relocation Gooseberry Point ferry dock located in Section 3, T37N, R1 E. "rhe current 25-year lease expires in 2010. As part of the lease renewal negotiation — Lummi Nation and Whatcom County are jointly proposing development of a multi -modal transportation center (ferry, vehicles, bus, bicycles). This study is phase 1 of 6 - Rating and Ranking of Alternatives. This project is listed #36 on the 2010 — 2015 Six Year Transportation Improvement Program. Project Status: The project will be completed in early 2010. Project Funding: 2010 Total Federal / State $10,000 STP(R) $10,000 STP(R) Local $ 5,000 $ 5,000 Total $15, 000 $15, 000 Environmental Permitting (Agencies/Permits): N/A Right -of -Way Acquisition ($ Estimate): N/A County Forces ($ Estimate): N/A New Construction Features - Total Width TBD Lane Width TBD Bike Lane Width TBD Curb / Gutter TBD Sidewalk TBD TBD = To Be Determined LUMMI I° Point Migley 3e SMOKEHOUSE RD fN o r NATION oe� BELLINGHAM BAY Lummi Point 36 X S BLIZARD RD e Fern Point ; vF Z Goose- 1_ s y CENTER berry rF/y NTS 3� VIEW RD ��� Point v G F� o� G 9 LEGOE Village Point BAY RD The Portage g TUTIO STI- � n 9 w T .6 9 O z ss9 SUNRISE C� G RD Point Francis L: Annual Road Construction Program\2010 Project Narratives\36 Gooseberry Point Ferry Dock Relocation Narrative Final 2010.doc 220 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Various Bridges Rehabilitation / Replacement - CRP #910005 2010 Annual Construction Program Construction Funding Year(s): 2010 Project Narrative: This item provides funding to address unanticipated bridge rehabilitation and/or replacement. It is listed #37 on the 2010-2015 Six Year Transportation Improvement Program. 1 Project Status: Design and construction to occur in 2010 if required. Project Funding: 2010 Total Federal / State $0 $0 Local $250,000 $250,000 Total $250,000 $250,000 Environmental Permitting (Agencies/Permits): To Be Determined Right -of -Way Acquisition ($ Estimate): To Be Determined County Forces ($ Estimate): To Be Determined New Construction Features: Lane Width N/A' Shoulder Width N/A Curb / Gutter N/A Sidewalk N/A Brdg Rplc (length) TBD TBD=To Be Determined Due to the nature of this item, no map exists. Council review and prioritization will be sought at the appropriate times. I \Annual Road Construction Prouram\2010 Proiect Narratives\37 Various Bridges Rehabilitation -Replacement Narrative Final 2010.doc 221 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Right of Way Acquisition - CRP #910006 2010 Annual Construction Program Construction Funding Year(s): 2010 Project Narrative: This item addresses the unanticipated need for Right Of Way that may arise during a given year that requires immediate action. This project is listed #40 on the 2010-2015 Six Year Transportation Improvement Program. Project Status: N/A Project Funding: 2010 Total Federal / State $0 $0 Local $20,000 $20,000 Total $20,000 $20,000 Environmental Permitting (Agencies/Permits): N/A Right -of -Way Acquisition ($ Estimate): To Be Determined County Forces ($ Estimate): N/A New Construction Features: Total Width N/A Lane Width N/A Shoulder Width N/A Curb / Gutter N/A Sidewalk N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate times. I:�Annual Road Construction ProoramQ010 Proiect Narratives140 Riaht of Wav Acouisition Narrative Final 2010.doc "222 ,l Whatcom County Public Works 2010 Annual Construction Program Project Narrative Unanticipated Site Improvements - CRP #910007 2010 Annual Construction Program Construction Funding Year(s): 2010 Project Narrative: This item addresses the unanticipated project(s) that may arise during a given year requiring immediate action due to safety concerns, environmental factors, storm damage, traffic volumes, accident history, funding or grant, availability and other issues not related to an existing program project. This project is listed #41 on the 2010— 2015 Six Year Transportation Improvement Program. Project Status: Design and construction will be completed in 2010 if required. Project Funding: 2010 Total Federal / State $0 $0 Local $400,000 $400,000 Total $400,000 $400,000 Environmental Permitting (Agencies/Permits): To Be Determined Right -of -Way Acquisition ($ Estimate): To Be Determined County Forces ($ Estimate): To Be Determined New Construction Features Total Width N/A Lane Width N/A Shoulder Width N/A Curb / Gutter N/A Sidewalk N/A TBD=To Be Determined Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate times. hAnnual Road Construction Proorarn=10 Proiect Narratives\41 Unanticioated Site Improvements Narrative Final 2010.doc 223 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Gravel Conversions — CRP #910008 2010 Annual Construction Program Construction Funding Year(s): 2010 Project Narrative: This project varies in location. Gravel road conversions are part of the Annual Construction Program. The change in surface type converts existing gravel roads to a more durable, harder surfaced 'BST' (Bituminous Surface Treatment) that has a resurfacing frequency of approximately 7 years. Changing the surface type increases Whatcom County's share of State Motor Vehicle Fuel Tax revenues, while decreasing Maintenance & Operations expenses. This project is listed #42 on the 2010 — 2015 Six Year Transportation Improvement Program. Project Status: Design and construction will be completed in 2010. Project Funding: 2007 Total Federal / State - $0 $0 Local - $50,000 $50,000 Total - $50,000 $50,000 Environmental Permitting (Agencies/Permits): HPA, SEPA, CLR/CAO, SHORELINES Right -of -Way Acquisition ($ Estimate): N/A County Forces ($ Estimate): $50,000 New Construction Features: Total Width Lane Width Shoulder Width Curb / Gutter N/A Sidewalk N/A * Please see detailed information below Road Name Mileage Existing Width Proposed BST Width Crape Rd 0.22 18" 18' May Rd 0.30 18' 18' Lenhart Rd 0.25 20' 20' Total = 0.77 Miles We do a double lift so total will be:.77 X 2 = 1.54 Miles Alternate Roads Gilmore Rd 0.24 18' 18' Hopewell Rd 0.38 18' 18' (:\Annual Road Construction Proaram\2010 Proiect Narratives\42 Gravel Conversions Narrative Final 2010.doc 224 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Non -motorized Transportation Improvements — CRP #910009 2010 Annual Construction Program Construction Funding Year(s): 2010 Project Narrative: This program item addresses the need to identify and prioritize non - motorized projects for future consideration. Projects would include pedestrian and bike facilities (eg: sidewalks, trails and shoulder widening) in various locations around the county. `this project is listed #44 on the 2010-2015 Six Year Transportation Improvement Program. Project Status: Design and construction will be completed in 2010. Project Funding: 2010 Total Federal / State - $0 $0 Local - $50,000 $50,000 Total - $50,000 $50,000 Environmental Permitting (Agencies/Permits): To Be Determined Right -of -Way Acquisition ($ Estimate): To Be Determined County Forces ($ Estimate): To Be Determined New Construction Features: Lane Width TBD Shoulder Width TBD Curb / Gutter TBD Sidewalk TBD rBD=To Be Determined Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate times. 1AAnnual Road Construction ProuramN2010 Proiect Narratives\44 Non -Motorized Transnortation Imnrovements Narrative Final 2010.doc 225 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Railroad Crossing Improvements - CRP #910010 2010 Annual Construction Program Construction Funding Years : 2010 Project Narrative: Locations to be determined. This project is listed #46 on the 2010- 2015 Six Year Transportation Improvement Program. Project Status: Design and construction will be completed in 2010. Project Funding: 2010 Total Federal / State - $0 $0 Local - $20,000 $20,000 Total - $20,000 $20,000 Environmental Permitting (Agencies/Permits): To Be Determined Right -of -Way Acquisition ($ Estimate): To Be Determined County Forces ($ Estimate): To Be Determined New Construction Features: Lane Width TBD Shldr Width TBD Curb / Gutter TBD Sidewalk TBD TBD=To Be Determined Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate times. BAnnual Road Construction Proerem\2010 Proiect Narratives%46 Railroad Crossine Imorovements Narrative Final 2010.doc 226 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Neighborhood Traffic Calming - CRP #910011 2010 Annual Construction Program Construction Funding Years : 2010 Project Narrative: Locations to be determined. This project is listed #47 on the 2010- 2015 Six Year Transportation Improvement Program. Project Status: Design and construction will be completed in 2010. Project Funding: 2010 Total Federal / State - $0 $0 Local - $20,000 $20,000 Total - $20,000 $20,000 Environmental Permitting (Agencies/Permits): To Be Determined Right -of -Way Acquisition ($ Estimate): To Be Determined County Forces ($ Estimate): To Be Determined New Construction Features: Lane Width TBD Shldr Width TBD Curb / Gutter TBD Sidewalk TBD rBD=To Be Determined Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate times. I:Wnnual Road Construction Proaram\2010 Proiect Narratives\47 Neiehborhood Traffic Calmina Narrative Final 2010.doc 227