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HomeMy WebLinkAboutPacket Jul 10 2012WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-22 7 CLEARANCES Initial Date Date Received in Council Office Agenda Date. Assigned to: K. Olason 7/10/12 Natural Originator: � �� j� %% j� Resources K Christensen ../` 7/10/12 Council Division Head: NL �(. /Z ll 11 I� V L JUL U 2 2012 F. Abaft Dept. Head: D. Gibson 2, Prosecutor: ot.Id WHATCOM COUNTY B Bennett Purchasichasinudget: COUNCIL J. Louws �� �/ Executive: TITLE OF DOCUkfOPE Resolution to Adopt the Lake Samish Basin Comprehensive Stormwater Plan ATTACHMENTS: 1. Memo 2. Resolution 3. Lake Samish Basin Comprehensive Stormwater Plan cover page SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: 7124/12 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.) Attached is a resolution to adopt the Lake Samish Basin Comprehensive Stormwater Plan which was developed in response to community requests for greater protection of Lake Samish water resources. It provides a review of the stormwater system and includes guidance for improving water quality, managing water quantity and seeks to reduce stormwater impacts from homes, highways, recreation, natural habitat, and forestry. Extensive public input is also included along with recommendations for capital improvements needed as well as for non -capital programs. In addition to adoption of the plan itself, there is a recommendation to the Council to adopt, the plan as a SEPA policy of the County, the procedure for which entails public notice and opportunity for comment, thus the scheduled hearing noted above. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 200911033 Please Note: Once adopted and signed, ordinances and resolutions "are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM STORMWATER 322 N. Commercial Street, Suite 301 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 .whatcomcoun .us REGw"EIVED JUN 2 8 2012 JACK LOUWS TO: The Honorable Jack Louws, Whatcom County ExecutiveCOUNTY EXECUTIVE Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Public Works Director _14r/f�Clq, FROM: Jon Hutchings, Ph.D., Assistant Director' Kirk N. Christensen, P.E., Stormwater Manager rA�L_ RE: Resolution to Adopt the Lake Samish Basin Comprehensive Stormwater Plan DATE: June 26, 2012 • Requested Action Whatcom County Public Works-Stormwater requests the County Council adopt the Lake Samish Basin Comprehensive Stormwater Plan. • Background and Purpose Public Works-Stormwater along with the community has completed the Lake Samish Basin Comprehensive Stormwater Plan. The planning effort was initiated by County Council as a result of strong community interest in protecting the water quality of Lake Samish. The plan is the result of extensive background research, sub -basin analysis, and public input. A series of seven individual issue papers covering the key stormwater plan components were presented to the public over the course of four public meetings. Public comments and additional public concerns collected at the meetings were received and incorporated into the draft plan. The plan provides the following: • Review of the basin's existing stormwater system. • Guidance for improving water quality and managing water quantity. • Focus on reduction of stormwater impacts from homes, highways, recreation, natural habitat, and forestry. The Lake Samish Basin Comprehensive Stormwater Plan, similar to plans for Lake Whatcom and Birch Bay, will be the third of its kind in Whatcom County. This plan will help guide both local citizen and County efforts to protect and enhance water quality as well as address stormwater-related flooding issues. For more information regarding the Lake Samish Basin Comprehensive Stormwater Plan, please contact Kraig Olason at extension 50782 or kolason(a)-co.whatcom.wa.us. 2 PROPOSED BY: INTRODUCED: RESOLUTION NO. APPROVING THE LAKE SAMISH BASIN COMPREHENSIVE STORMWATER PLAN WHEREAS, Lake Samish provides drinking water for over ninety percent of the Lake Samish Basin residents; and WHEREAS, community members, based on concerns over drinking water safety, requested Whatcom County to develop a comprehensive stormwater management plan for the Samish Basin; and and WHEREAS, extensive public participation was a vital part of the development of the plan; WHEREAS, several public meetings were held within the Basin to gather information and feedback on plan elements; and WHEREAS, the plan identifies recommendations for programmatic solutions, capital improvements, timelines and funding; and WHEREAS, WAC 197-11-660 and WAC 197-11-902 authorize Whatcom County to adopt plans as SEPA policies for substantive authority and determining appropriate mitigation measures for development impacts; and WHEREAS, in keeping with the public notice and comment requirements for adoption of plans as agency SEPA policies per WAC 197-11-902, the public was given notice of this matter and provided with opportunity to comment at the public hearing held on this matter during the course of the Council meeting on July 24, 2012; and Page 1 3 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council hereby: 1. Adopts the recommendations for implementation of the Lake Samish Basin Comprehensive Stormwater Plan. 2. Adopts the plan as an agency SEPA policy under the State Environmental Policy Act. APPROVED this day of , 20_. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASH:INGTON Dana Brown -Davis, Clerk of the Council Kathy Kershner, Council Chair APPROVED AS TO FORM: &.,a�z him Daniel Gibson, Civil Deputy Prosecutor Page 2 M WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-229 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: SM 6126112 July 10, 2012 FINANCE Originator: MED L; C E V E D JUL 0 2 2012 Division Head: Dept. Head. Prosecutor: ' • HATCOM COUNTY COUNCIL Purchasing/Budget: �IZg IZ Executive: TITLE OF D NT.• Economic Development Investment Program — EDI Board recommendation ATTACHMENTS: Memorandum; EDI Program Revision Proposal from City of Ferndale SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The Economic Development Investment Board has reviewed a Revision Proposal from the City of Ferndale, and a board recommendation for County Council action is pending: Pending approval: the EDI Affordable Housing Program guidelines be modified to add single and multi family rental home construction as an allowable use, with loan repayment no later than 20 years (upon recapitalization of the properties) or upon the properties leaving affordable housing program status. COMMITTEE ACTION: COUNCIL ACTION.• Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www. co.whatcom.wa.us/council. WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM To: Whatcom County Council Memb From: Jack Louws, County Executive Subject: Economic Development Invest t Board — Funding Recommendation update Date: June 28, 2012 Jack Louws County Executive At the June meeting of the EDI Board, Ferndale's City Administrator, Greg Young, made a presentation to the board regarding a proposal to revise the current "Housing Affordable for the Homeless" Program to include rental housing. Attached is their written proposal for your review. This program received approval for $1.2-million in EDI funding from the County Council last year. At this time, the EDI Board is recommending to the County Council that the EDI Affordable Housing Program guidelines be modified to add single and multi -family rental home construction as an allowable use, with loan repayment no later than 20 years (upon recapitalization of the properties) or upon the properties leaving affordable housing program status. Please consider this pending recommendation at your meeting on July 10th, 2012. Approval for this recommendation will result in the current Program Guidelines and project contract being updated. No additional funds are being sought for this program change. If you have any questions on this matter, please feel free to contact me at 676-6717. /Attachment: EDI Program Proposal for Affordable Housing Program 051812 Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-7555 RECEIVED Whatcom County MAY 18 2012 EDI Program for Affordable Housing JACK LOUWS Revision Proposal for Rental Housing Eligibility May 18, 2012 COUNTY EXECUTIVE Background: The EDI Board and the Whatcom County Council has previously approved a $1.2 million Affordable Housing Program wherein any developer who wishes to construct owner -occupied single family affordable housing could apply to have connection fees and impact fees paid through the EDI program. (Ref: Agenda Bill 2011-123 and Action Taken March 26, 2011.) The overriding belief is that for economic development to fully succeed, the provision for a range of housing stock must exist. Not all jobs provide wages that allow for home ownership but a healthy economy includes jobs with a wide range of pay levels. One of the factors limiting the ability for affordable housing is the cost of construction. By paying for impact and connection fees from the EDI Program, these cost savings can be rolled over for the benefit of low income individuals. Currently the City of Ferndale administers this program by collecting applications and confirming the low income qualifications and specifications for the proposed home(s). The City then forwards this information on to the County who prepares deed covenants and the deferred loan paperwork. Following the completion of the paperwork, the connection and impact fee payments are sent directly to the City in which the project resides. The above connection and impact fees are paid using EDI funds and the deferred loans are repaid upon the sooner of 50 years or when the house moves out of the affordable housing stock and is sold at market rate. This repayment arrangement ensures that there is an incentive for the home to remain affordable but at some point in time, the monies are returned to the EDI program. The current program includes deed restrictions that ensure that when these homes are sold, the deferred loan "lien" is repaid. When the County Council approved this program they were initially asked to consider including both low income rental properties as well as single family home ownership. While the repayment of the owner -occupied homes was rather straight forward, the Council expressed reluctance in including rental properties over concern as to how and when the deferred loan would be repaid. As a result, the current EDI Affordable Housing Program does not include rental properties. Current Situation Even with the ability to pay for these costs with EDI funds, providing affordable housing is not easy. For affordable housing to exist, agencies must cobble together a variety of grants and other funding sources. Put another way, developers cannot afford to provide low-income housing using these EDI funds alone. This has the effect of limiting the number of developers in the low income housing business. With the small number of agencies who can provide affordable housing and with the limit on EDI funds for home ownership exclusively, the number of new homes provided through the EDI program will always be limited As is the case for the entire economy, the number of low income individuals who can afford to own a home has been reduced in the last few years — even low income homes. For many of these individuals rental property is the only viable option. We have all seen the increase in demand for rental properties — this is particularly true for affordable rentals. As individuals have moved from home ownership to rentals, the available number of rental properties has diminished while there also has been pressure to increase rents. The effect is that there is a heightened need for affordable rental housing stock. Current Proposal The current proposal does not seek to increase the dedicated EDI funding for affordable housing. This proposal would modify the program guidelines and have the effect of allowing affordable rental properties to qualify for EDI assistance in addition to the existing single family homes. The program would continue to be administered by the City of Ferndale in cooperation with the County. All existing application and qualification forms would remain unchanged. To address the eventual repayment of these deferred loans for rental property, a deed restriction would be placed on these properties that will require the repayment in the sooner of 20 years (upon recapitalization of the properties) or upon the properties leaving the affordable housing program. (Twenty years corresponds to the total length of time from EDI use at start of the 12 to 18 month construction phase plus time for lease -up plus the 15 year compliance period required by the federal Low Income Housing Tax Credit Program plus time for arrange refinancing after the 15 year compliance period.) Multi -family rental properties include long-term debt financing that was used to construct the property. In most cases, these properties require rehabilitation over time to repair and replace certain elements. To achieve this, these properties are "recapitalized" (refinanced) and it is this recapitalization that would trigger the repayment of the EDI funding. This modification to the existing EDI Affordable Housing Program guidelines to include rental housing will have the effect of growing the affordable housing inventory, allowing individuals regardless of their income levels to have a place to call home. As the economy of Whatcom County continues to grow, this program will help to ensure that all residents will benefit from this growth. Action Requested The EDI Board will recommend that the EDI Affordable Housing Program guidelines be modified to add rental home construction as an allowable use, with loan repayment in the sooner of 20 years (upon recapitalization of the properties) or upon the properties leaving the affordable housing program. 9 WIIATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-229 CLEARANCES Initial Date Date Received in Council Office Agenda Assigned to: Date Originator: 6121112 7110112 Finance & Admin Svcs Committee/Council E C E� V E D J U L 0 2 2012 WHATCOM COUNTY Agenda Division Head: 6121112 Dept. Head: b u' Prosecutor: °6�14 1 J2 Purchasing/Budget. COUNCIL Executive: aloop TITLE OF DOCU ENT: Amendment to Unrepresented Resolutions 2008-077, 2010-053 & 2011-042 ATTACHMENTS: Amendment to Unrepresented Resolutions 2008-077, 2010-053 & 2011-42 SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Proposed amendment for Resolutions No. 2008-077 (2009/2010 Unrepresented Resolution), 2010-053 (2011Unrepresented Resolution Amendment) and 2011-042(2012 Unrepresented Resolution Amendment) to be effective July 22, 2012. COMMITTEEACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 2008-077, 2010-053 & 2011-042 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. 10 PROPOSED BY: Executive INTRODUCTION DATE: 7/10/12 RESOLUTION NO. 2012 - AN AMENDMENT TO RESOLUTIONS NO. 2008-077, 2010-053 & 2011-042 A RESOLUTION IN THE MATTER OF ADOPTING A SALARY SCHEDULE AND POLICIES FOR UNREPRESENTED WHATCOM COUNTY EMPLOYEES EFFECTIVE JULY 22, 2012 WHEREAS, a RESOLUTION in the Matter of Adopting a Salary Schedule and Policies for Unrepresented Whatcom County Employees for the years 2009 and 2010 was adopted November 12, 2008; and, WHEREAS, amendments, effective January 1, 2011 and January 1, 2012 to the 2009 - 2010 Resolution were adopted December 7, 2010 and December 6, 2011; and, WHEREAS, changes made to the compensation of certain individuals have impacted them negatively beyond what other unrepresented employees experienced; NOW, THEREFORE, BE IT RESOLVED, that the Council intends that the Administration will follow the 2009 - 2010 Unrepresented Resolution as amended effective January 1, 2011 and January 1, 2012 and will apply the following additional amendment which shall become effective July 22, 2012; AND FURTHER, BE IT RESOLVED: 2.2 Supplemental Compensation Replacement. This section will only be applicable to designated employees per attached matrix who were receiving compensation under Executive Order 2004-03 (Supplemental Compensation Allowance) in 2011. This section addresses consideration for the loss of "reimbursables" supplemental compensation. These designated individuals will be assigned to the appropriate flat rate sub -range which provides them a portion of the previously received supplemental compensation. In addition, employees who do not have assigned County vehicles can follow standard County practice in claiming mileage driven on behalf of the County. Section 2.1 of the Unrepresented Resolution is still applicable. EFFECTIVE DATE. All changes in this amendment shall become effective on July 22, 2012 and shall remain in effect until rescinded, except where noted otherwise and except that any further changes may be retroactively applied as approved by the County Council. 2012 Unrepresented Resolution Amendment — Page 1 11 AND FURTHER, THEREFORE, BE IT RESOLVED, that Resolutions No. 2008-077, 2010-053 and 2011-042 shall remain in effect except as hereby amended effective January 1, 2012, and this Resolution shall become effective that same date. APPROVED this 10th day of July, 2012, ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Kathy Kershner, Chair APPROVED as to form: Assistant Chief Civil Deputy Prosecuting Attorney 2012 Unrepresented Resolution Amendment — Page 2 12 M 00 LO O LO O N 'T Nt O N O O O co O n V) V) V) V) 69 V) O to 00 CNM ONO N V _M CM O O O 00 00 co h V) V) V) V) V) V) 0�0 M O to O to Cl O m m O O O n N N to U) m m 00 00 co h V) V) V) V) V) V) ^ (O m co (00 M O M CC m m co O (D n V) V) V) V) V) V) CC O Ih O (O m 00 m n O (D O V) V) V) V) - V) V) r- 00 M N 000 (OM co co 00 h h (D (O V) V) V) V) V) V) co co (O O N 'T V CO CO n n co co V) V) V) V) V) V) NO N- ( . Ce) CO a)00 m m h 00 co N. V) co V) V) V) V) V) V) In CC (O m n a V) V) V) V) V) V) CO L CN (^O � n Vy V) � � V) V) F7 h 00 00 N N N O — t CM U) � Vy � vy � � I co co co co Ih O m N O co N. V) co ui ui V) V) V) V) V) V) U) .- 't N CAM 't mr 't CM C C C L L O Q. N L u N N p O C Y y (� 4- L tLo `O N U Q U C 7 N Y a C aF O O 4. L O �: L O N ++ U 'U 0 C ,Q' GC. a w w N r-I r-I c-I c-I O O Ln Ln Ln to co m I 13 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 — 225 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Oronator: County Cou 6/13/2012 Division Head. - Dept. Head. Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT. Resolution, Standard of Conduct for Boards and Commissions 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.) 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. 14 I:/res/2012/standards of conduct 2 PROPOSED BY: Consent SPONSORED BY: Consent INTRODUCED: ]ulv 10, 2012 RESOLUTION NO. 2012- APPROVING STANDARDS OF CONDUCT FOR COUNTY COUNCIL -APPOINTED CITIZEN BOARDS, COMMITTEES, COMMISSIONS, AND TASK FORCES WHEREAS, the Whatcom County Council appoints citizens to several advisory boards, commissions, committees, and task forces (hereafter referred to as "citizen boards and commissions"); and WHEREAS, citizen boards and commissions may provide advice to the County Council and/or County staff on issues important to the citizens of Whatcom County; and WHEREAS, citizen boards and commissions serve an appeals function for certain County government services; and WHEREAS, citizen boards and commissions may hold hearings, take testimony, and interact with the public in their efforts to research issues and provide recommendations to County officials; and WHEREAS, it is necessary that citizen appointees be professional and responsible in carrying out their duties as members of a board or commission; and WHEREAS, the Whatcom County Council wishes to communicate its standards for serving in a professional and responsible manner to all appointees, in accordance with Whatcom County policies. NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby approves official standards of conduct for County Council -appointed citizen boards and committees as outlined in Exhibit A to this resolution. BE IT FINALLY RESOLVED that all appointees will receive, review, and sign the Standards of Conducts upon their appointment to a Council -appointed board, commission, committee, or task force. APPROVED this day of , 2012. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Kathy Kershner, Council Chair APPROVED AS TO FORM: Civil Deputy Prosecutor 15 EXHIBIT A WHATCOM COUNTY CITIZEN ADVISORY COMMITTEE, BOARD, COMMISSION, OR TASK FORCE STANDARD OF CONDUCT • Purpose • Definition • Service at the Discretion of the County • Dismissal of a Volunteer • Operating Procedures • Appearance of Fairness and Conflict of Interest • Representing Whatcom County • Confidentiality • Non -Discrimination Policy • General Conduct PURPOSE OF POLICIES These policies are written to maintain public trust and to provide overall guidance and direction to staff and volunteers, including board, commission, committee, and task force appointees. These policies do not constitute, either implicitly or explicitly, a binding contractual or personnel agreement. Whatcom County reserves the exclusive right to change any of these policies at any time and to expect adherence to the changed policy. The governing principle of this code shall be to charge all appointees with the duty of holding themselves fully accountable to the highest ethical, professional and legal standards, at all times, while holding their appointed positions, representing the county's citizens and conducting the public's business. By accepting appointment to any County advisory committee, board, commission, or task force, members thereby agree to conduct themselves in accordance with these Standards of Conduct. DEFINITION OF COUNCIL -APPOINTED COMMITTEE MEMBER A Council -appointed committee member is anyone who is appointed by the County Council to serve on a Council -appointed advisory committee, board, commission, or task force and performs a task at the direction of and on behalf of Whatcom County. A community member must be officially accepted by Whatcom County prior to performance of the task. Unless specifically stated, volunteers shall not be considered as "employees" of Whatcom County. SERVICE AT THE DISCRETION OF THE COUNTY Whatcom County accepts the service of all citizen committee members with the understanding that such service is at the sole discretion of the County. Committee members agree that Whatcom County may at any time, for whatever reason, decide to terminate the committee member's relationship with Whatcom County. The committee member may at any time, for whatever reason, decide to sever his or her relationship with Whatcom County. Notice of such a decision should be communicated in writing as soon as possible to the appointing authority. Updated 6/12/2012 Page 1 16 Standard of Conduct 6/12/2012 DISMISSAL OF A VOLUNTEER Committee members who do not adhere to the rules and procedures of the County or who fail to satisfactorily perform their assignment are subject to revocation of their appointment. No appointment will be revoked until the committee member has had an opportunity to discuss the reasons for possible dismissal with the appointing authority. Possible grounds for revocation may include, but are not limited to, the following: gross misconduct or insubordination, theft of property or misuse of agency materials, abuse or mistreatment of clients, staff or other volunteers, failure to abide by agency policies and procedures, and failure to satisfactorily perform assigned duties. OPERATING PROCEDURES All members of County boards and commissions will abide by all applicable state laws, County ordinances, and other doctrines relating to the conduct of board or commission members, including, but not limited to, the Appearance of Fairness Doctrine, conflict of interest statutes, and the State Open Public Meetings Act. All citizen advisory committee, board, commission or task force meetings are to be conducted in public session and noticed in accordance with State law, unless otherwise advised by County legal counsel. The following apply to committee members in their capacity as a County board, commission, advisory committee, or task force appointees: 1) Whatcom County Code 2) Washington State Public Records Act 3) Washington State Open Public Meetings Act 4) State and Federal Discrimination Laws 5) Whatcom County Citizen Advisory Committee, Conduct 6) Committee bylaws Board, Commission, or Task Force Standards of APPEARANCE OF FAIRNESS and CONFLICT OF INTEREST Committee members may not deliberate about committee work and issues via email or in unnoticed side meetings or gatherings, as these actions may be in violation of open public meetings laws. County legal counsel is available to consult with or provide advice to committees in this regard and on any other legal issue. A committee member who has a private interest in any law or policy proposed or pending shall disclose the fact and shall not vote thereon. No committee member may use his or her position to secure special privileges or exemptions for himself, herself, or others. No committee member may, directly or indirectly, give or receive or agree to receive any compensation, gift, reward, or gratuity from a source for a matter connected with or related to the member's services as such an official unless otherwise provided for by law. REPRESENTING WHATCOM COUNTY Committee members are not to contact organizations or unless they are given express directions to do so by committee, or task force which they represent. individuals on behalf of Whatcom County majority vote of the board, commission, Page 2 17 Standard of Conduct 6/12/2012 Notwithstanding the foregoing, nothing contained herein is intended to preclude a board or commission member from speaking as an individual citizen, so long as the individual clearly identifies that he/she is speaking only as an individual citizen and is not in any manner representing or speaking on behalf of the board or commission of which he/she is a member, or if the member is testifying in such a capacity pursuant to a lawfully issued subpoena. CONFIDENTIALITY Committee members are responsible for maintaining the confidentiality of all proprietary or privileged information to which they are exposed while serving as a committee member, whether this information involves a single staff, volunteer, client, or other person or involves overall County business. Failure to maintain confidentiality may result in revocation of the committee member's appointment or other corrective action. No committee member may disclose confidential information gained by reason of the committee member's position, nor may the committee member otherwise use such information for his or her personal gain or benefit. NONDISCRIMINATION POLICY Whatcom County Council -appointed committee members will provide equal opportunity without regard to age, sex, marital status, sexual orientation, race, creed, color, national origin, religion, Vietnam -Era or disabled veteran status, or the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a disabled person. GENERAL CONDUCT Individual committee members work with others as a team, so be considerate of how your actions or contribution affects your colleagues and the community as a whole. Whatcom County promotes a respectful work environment. Treat one another and members of the community with respect. Be respectful when dealing with other volunteers, staff, and citizens. Individual committee members and the collective group will be fair, impartial, respectful, courteous and professional of the public, staff, and each other. The committee chair will ensure that all members have a fair, balanced, and respectful opportunity to share their knowledge and perspectives. Committee members shall deal with the public, County staff, and their fellow committee members in a courteous and professional manner. Committee members shall not engage in immoral conduct, fight, engage in horseplay, gamble or use abusive language while on duty or on County premises. Committee members shall not engage in activities during working hours that are harmful to other County employees or which inhibits their effectiveness on the job. Whatcom County prohibits conduct that interferes with another person's work performance or creates an intimidating, hostile, or offensive work environment. Page 3 18 Standard of Conduct 6/12/2012 GENERAL CONDUCT - ATTENDANCE Committee members will strive to attend all scheduled committee meetings. If a committee member cannot attend a scheduled meeting, he or she may be excused by the committee chair or by vote of the committee. A committee, with a majority vote, may request that the appointing authority (County Council) review an absent committee member's membership status if a committee member misses more than three consecutive meetings without being excused. A committee member unable to attend regular meetings is expected to tender his or her resignation. GENERAL CONDUCT — DRUG AND ALCOHOL USE Committee members shall not possess or use intoxicating beverages or illegal drugs during the work time or while on the County premises. Committee members who are discovered to possess or use intoxicants or illegal drugs while at work may be subject to revocation of their appointment. GENERAL CONDUCT — THEFT AND CRIMINAL ACTIVITY Committee members shall not falsify records, reports or claims of illness or injury. Committee members shall be responsible for and shall not misuse County property, records, or other materials in their care, custody and control. County property, records or other materials shall not be removed from County premises without written permission or under the direction of a manager or official who has the responsibility for the items. Property, records and other materials which are needed to perform work off the premises must be returned. Theft of County property is grounds for dismissal. Conviction of a crime related to the circumstances of employment may constitute grounds for revocation of appointment. Evidence of probable cause which results in a formal charge against any committee member for a crime which is related to the job, shall constitute sufficient grounds for revocation of appointment. Sexual harassment of another person by a committee member within the scope of the appointment will not be tolerated, and, depending upon the seriousness of the offence, may be grounds for revocation of appointment. Committee appointees who have knowledge of wrongdoing or illegal activity which has an effect on County operations or property have a duty to communicate this information to the appropriate officials. GENERAL CONDUCT — INTERACTION WITH COUNTY STAFF Committee members will respect the limitations of their individual and collective authority. The role of the committee is to advise the County Council, County Executive, and/or County staff. Committee appointment does not empower the committee or its individual members to supervise staff or to make final decisions, unless authorized by State law or the group's enabling ordinance. Page 4 19 Standard of Conduct 6/12/2012 The staff facilitators have significant work responsibilities in addition to their committee activities. In general, the staff facilitators are individuals who have significant staff responsibilities that relate to the same work area as the committee. The staff facilitators do not work "for" or "at the direction of" the committee. They are professionals who work with the committee to develop information and recommendations for Council consideration. Committee members will strive to appreciate differences in approach and point of view, whether from each other, the community, the County Council, or County staff. Committee members will participate in the group's discussions and work assignments without dominating the discussion or activity of the committee. The committee chair will ensure that all members have a fair, balanced, and respectful opportunity to share their knowledge and perspectives. Each person appointed to a citizen advisory committee, commission, board, or task force must read and adhere to the Whatcom County policy "Prohibiting Harassment." The Council also expects that County staff will present recommendations from a professional perspective. There may be times when the professional opinions and recommendations of staff differ in part or in whole from a member or that of the committee, and that's okay. Differences of perspective are inherent in policy formulation and deliberation work of an organization that welcomes diverse perspectives. There also may be times when the committee's recommendations will not prevail or will be modified by the Council. It is important to recognize that this is not a rejection of the integrity of the recommendation, but is an inevitable part of the process of decision -making where a variety of views, perspectives, and recommendations are considered. Page 5 20 Standard of Conduct 6/12/2012 By signing this document, I acknowledge that I have received, read, understand, and agree to follow the "Whatcom County Citizen Advisory Committee, Board, Commission, Or Task Force Standard Of Conduct" dated 6/12/2012 during my term(s) as a County Council -appointed member of Name (Print legibly): Signature: Date: Page 6 21 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-230 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Lk 6127112 7110112 Financel Uncl Originator: FED) E C v E � // E D �J Division Head.• Dept. Head: JUL JUL 0 2 2012 Prosecutor: WHATCOM COUNTY COUNCIL Purchasing/Budget Executive: TITLE OF DOCUM9A.46emolition of Parking Shed at Northwest Annex ATTACHMENTS: Memorandum describing condition of parking shed and seeking concurrence to demolish. 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.) Parking shed at the Northwest Annex has deteriorated Per Whatcom County Code 1.10.395 — Worthless county -owned structures, it has been determined that this structure is worthless and hazardous to the public, so asking approval from the County Council to demolish the structure. 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.uslcouncil. 22 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM TO: County Council cc: Steve Oliver, Treasurer Keith Wilnauer, Assessor FROM: Jack Louws DATE: June 27, 2012 RE: Demolition of Parking Shed at Northwest Annex Background: Jack Louws County Executive There is a covered parking shed to the east of the Northwest Annex which is in complete disrepair. Most of the wood shingles are missing off the roof and the cross beams have collapsed inside the structure. Facilities placed caution tape around the building in an effort to keep people out. The South portion of the building is not currently used. There is an enclosed area to the North which holds material from the original hospital on that site. Per applicable Whatcom County Code: 1.10.395 -- Worthless county -owned structures -- "All county department heads shall notify the director of administrative services of county - owned structures deemed to be worthless. If the director determines a county -owned structure to be worthless and immediately hazardous to the public, the director shall notify the county executive. If the county executive concurs with the determination of the director, the structure shall be demolished. The county executive shall notify the county treasurer, the county assessor, and the county council of the demolition. If the director determines a county -owned structure to be worthless, but not immediately hazardous to the public, the director shall refer the matter to the county executive for review. Upon a determination by the county executive that the property is, in fact, worthless and without value, the matter shall be referred to the county council for its approval prior to demolition". (Ord. 99-047, 1999). Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 73U55 Options Explored: Facilities believe the only option is to demolish the building. It is completely dilapidated and poses a hazard to anyone entering the building. Conclusion: Finance has issued their approval to dispose of the assets (see email attached). Any funds received from the recycling of the metal should be deposited with the treasurer as per county requirements. Also attached are photos of the structure. Public Works has offered to complete the controlled demolition. There is significant scrap metal contained within the North enclosed area that will be recycled. The electrical will be removed by the county electrician (facilities staff). The woody debris will be removed for recycling. A chain link fence will need to be extended from the NE side of the building to the SE side therefore keeping the emergency management area separate from the planning department parking area. We anticipate the costs to fully remove the building and secure additional fencing to be less than $10,000. I am asking you to concur with the recommendations of Facilities and approve the removal of the structure. JL/al cc: Mike Russell, Facilities Manager Brad Bennett, Finance Manager 24 (4/9/2012) Carol Rofkar`- Re: Inventory Jnold parking shed out at NWA - F_ Page 1 From: Sara Winger To: Rofkar, Carol CC: Bennett, Brad; Chris Mohnkern; Michael Russell; Schlehuber, Eric Date: 4/9/2012 11:16 AM Subject: Re: Inventory in old parking shed out at NWA Attachments: NWAnnexShed_120328.pdf Good morning, Carol. Thank you for sending the photos of the miscellaneous assets (including old bed frames, a washing machine, a freezer, etc) located at the parking shed at the NW Annex site. Brad has reviewed your e-mail request and the photos and has these assets to be worthless, having no value to surplus or auction. Please use this e-mail as authorization to recycle or dispose of the assets in the most economically effective manner. Attached are the representative photos you sent to Finance for this authorization. Please note that any funds received for recycling any materials must be deposited with the Treasurer's office in accordance with Whatcom County's policies for cash handling. Thank you! Sara Winger, Financial Accountant Whatcom County AS -Finance 311 Grand Ave, Suite #503 Bellingham, WA 98225 360-676-6734, ext. #50561 (fax) 360-738-4553 swinger(D-co.whatcom ma. us >>> Carol Rofkar 3/22/12 10:24 AM >>> Hello Brad and Sara, \ 1 We have a parking shed to the East of the NWA which is falling down. We would like to find out if the building has been listed as surpluses (and if not, can it be) so we can tear it down before it falls and hurts someone. On the North side there is an enclosed area accessible by a roll up door. Inside there are some clothes washers with old asset tags and several metal beds from the hospital. As far as I could tell there were no asset tags on these beds. I have attaches photos and a little summary of what is there. The preliminary plan is as follows: 1. Contact finance- Building declare as surplus, inventory remove the assets. 2. Rich (staff electrician) has gone to disconnect any wires connecting the building. 3. Public works take down the building. 4. All material hauled off for recycling. 5. Remaining area can be used as open parking. 6. Install a fence connecting the NE comer running south along the building line and connecting with the existing partial fence between the two buildings. This will keep the emergency management area separate from the parking lot of the NWA. If you could give me your thoughts on this we would appreciate it! Kind regards, Carol 25 Report on the Parking Shed at NWA: There is fencing off the NE and SW corner. Currently red caution tape is run along the west side of the building to cordon off the parking stalls. The North section of the building is locked with a small rusted padlock on the roll up door. The area is inaccessible from the parking stalls to the south. I wasn't able to access inside, however looking through small holes in the roll up door it would appear that there is a significant amount of debris. This includes metal bedding, metal roofing and what looked like wood and drywall debris. Looking South: Notice the halogen lamps on the NW and SW corners of the structure. There does not appear to be any switching to activate these lights and it may or may not be live. Inside the Parking area: Each bay contains a broken pallet or partial pallet of curb stops. 26 Two support beams in the center of the building have to floor still attached to the east wall. Notice the J box and conduit running from the South aide of the roof. Notice the open electrical wire running along the east side of the roof line servicing the fixtures located in the center of each cross beam. Southeast end of building and East side of building: 27 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-231 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JPK g Q%7k p (o ' ZG ly EC EW E D J U L 0 2 2012 Jul 10, 2012 Finance Committee Division Head: JPR �� G �� 7/10/12 Council f� D t. Head: FMA WHATCOM COUNTY CO U N C I L Prosecutor: DLG a6�R7�1� d%i Purchasin ud et:BB i /zj/ Executive: TITLE OF DOC E . Contract for Services Agreement — GeoTest Services, Inc. ATTACHMENTS: 1. Memorandum 2. Contract Information Sheet 3. Contract for Services Agreement inclusive of Scope, Compensation and Insurance �SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing ? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This contract will provide material testing, inspection and geotechnical design services associated with the Public Works Department's Annual Construction Programs. It is anticipated that this contract will cover the 2012 and 2013 Construction Seasons. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. WHATCOM COUNTY JOSEPH P. RUTAN, P.E. PUBLIC WORKS DEPARTMENT r`°G County Engineer/Assistant Director 3' Z< Mn( 301 FRANK M. ABART 0450 052 B IDirector y$ �0 �IIN�+ Fax: (360) 715-7451 MEMORANDUM JUN 2 S 2012 ; JACK LOUWS TO: The Honorable Jack Louws, Whatcom County Executive UN EXECUTIVE The Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Director ��-7f7c0 FROM: Joseph P. Rutan, P.E., County Engineer/Assistant Directorgp- James P. Karcher, P.E., Engineering Manager �p,1, DATE: June 26, 2012 RE: Materials Testing & Inspection, Geotechnical Design Services Contract for Services Agreement — GeoTest Services, Inc. Enclosed are two (2) originals of a Contract for Services Agreement between GeoTest Services, Inc and Whatcom County for your review and signature. ■ Requested Action Public Works respectfully requests that the County Executive, upon approval by the Whatcom County Council, enter into an agreement with GeoTest Services, Inc. in the amount of $95,000. ■ Background and Purpose This contract will provide material testing, inspection and geotechnical design services associated with the Public Works Department's Annual Construction Program. It is anticipated that this contract will cover the 2012 and 2013 Construction Seasons. Five (5) firms from the Professional Roster had the qualifications to perform the work and were sent a Request for Proposal (RFP). Three (3) firms responded, and GeoTest Services, Inc. was selected as the most qualified through the interview process. ■ Funding Amount and Source Sufficient Local Road Funds exist within the budget to cover all anticipated material testing, inspection and geotech design services associated with project design and construction phases. ■ Differences from Previous Contract None, no previous contract exists. Please contact Jim Karcher at extension 50633, if you have any questions or concerns regarding the terms of this agreement. Encl. 29 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. aol a 06 oa 1 Originating Department: Public Works Contract Administrator: James P. Karcher, PE, Engineering Manager Contractor's / Agency Name: GeoTest Services, 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? Contract Yes X No If yes, RFP and Bid number(s) RFQ 12-01 Cost Center: 10852 Is this contract excluded from E-Verify? No Yes X If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: X Contract less than $100,000. X Professional services agreement for certified/licensed professional Work is for less than 120 days Contract for Commercial off the shelf items (COTS) Interlocal Agreement (between Govt.) Public Works Dept. - Local Agency/Federally Funded FHWA Contract Amount: (sum of orig contract amt and If a Professional Services Agreement is more than $15,000 or a Bid is more than any prior amendments) $35,000, please submit an Agenda Bill for Council approval and a supporting $ 95.000. memo. Any amendment that provides either a 10% increase in amount or more This Amendment Amount: than $10,000, whichever is greater, must also go to Council and will need an $ agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: Executive with supporting memo for approval. Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] This contract will provide material testing, inspection and geotechnical design services associated with the Public Works Department's Annual Construction Program. It is anticipated that this contract will cover the 2012 and 2013 Construction Seasons. Term of Contract: I Expiration Date: December 31, 2013 Contract Routing Steps & Signoff: [sign or initial] (indicate date transmitted] 1. Prepared by: JPK Date 6/26/12 [electronic] 2. Attorney reviewed: / Date o G /i•7 l2. [electronic] 3. AS Finance reviewed: Date GAgjlz [electronic] 4. IT reviewed if IT related Date _ [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff: Dated /I. 7. Contractor signed: Date & -aS-1 a 8. Submitted to Exec Office ,i Date 6-ag,1p [summary via electronic; hardcopies] 9. Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original Returned to dept; Date 13. County Original to Council Date 30 COUNTY ORIGINAL Whatcom County Contract No. a0/a06Oaf CONTRACT FOR SERVICES-A6 EEMENT- (Insert additional specific name for your clarification] GeoTest Services, Inc. , hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract asset forth in this Agreement, including: General Conditions, pp. 3 to 8 , Exhibit A (Scope of Work), pp. 9 to 10 Exhibit 8 (Compensation), pp. 11 to j3 . Exhibit C (Certificate of Insurance). - ACORD form attached. 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 1211 day of July, 2012 and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 315t day of December, 2013. The general purpose or objective of this Agreement is to: provide material testing, inspection and geotechnical design services, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $ 95,000 , 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 _ day of CONTRACTOR. GeoTest Services, nc. Julie Richardson, President / CEO STATE OF WASHINGTON ) ss. COUNTY OF VykCA Cowl ) On this Z!r day of J -4c- , 20 t2, before me personally appeared Julie Richardson to me GeoTest Services, Inc. (Company) and who executed the above instrument and who nowJk thereof. 20 'to bp4e President(CEO (title) of e e act of signing and sealing Notary Public NOTARY P jcf'and for the dfe of Washington, residing at State of Washington Qt6. K / My co ission expires f t ?- ) 14 TYLER SCOTT FITZGERALD My Appointment Expires Jan 29, 2014 Contract for Services Agreememl 2012-2013 Material Testing & Geotech Services Page 1 v 1.0 31 WHATCOM COUNTY: Recommended for Approval: Department Director Date Approved as to form: Asst. Chief Civil Deputy Prosecutor Date Approved Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) )SS COUNTY OF WHATCOM" ) On this day of , 20 _, before me personally appeared Jack Louws, 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: GeoTest Services, Inc. Julie Richardson, President / CEO Address: 741 Marine Drive Belfingham, WA 98225 Mailing Address: 741 Marine Drive Bellingham, WA 98225 Contact Name: Jeremy Wolf, LEG Contact Phone: (360) 733-7318 Contact FAX _(360) 733-7418 Contact Email: jeremywOoeotest-inc.com Contract for Services-Agreeffo* 2012-2013 Material Testing & Geotech Services Page 2 v 1.0 32 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10A 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 oompensable 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 "13.4 Contract for Services-AWement 2012-2013 Material Testing & Geotech Services Page 3 v 1.0 33 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 entitfing 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 en6tted 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, 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 AgFeement 2012-2013 Material Testing & Geotech Services Page 4 v 1.0 34 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: All writings, programs, data, public. records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement,. shall be the sole and absolute property of the County. 31.2 Patent/Copygight 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. 8, 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, attomeys' fees and costs resulting from Contractor's breach of this provision. 33.1 IZght 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 is attached hereto as Exhibit'C". 34.2 Industrial Insurance Waiver. With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including Contract for Services Agreemeig 2012-2013 Material Testing & Geotech Services Page 5 v 1.0 35 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. The parties specifically agree that this agreement is for the benefit of the parties only and this agreement shall create no rights in any third party. 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, 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: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: James P. Karcher, PE — Engineering Manager Whatcom County Public Works Department 322 N. Commercial St., Ste. 301 Bellingham, WA 98225-4042 (360) 715-7450 x50633; Fax (360) 715-7451 fiCarcher0co.whatcom.wa.us Contract for Services AgFeement 2012-2013 Material Testing & Geotech Services Page 6 v 1.0 36 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: 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, delared 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: 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: 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: 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: Contract for Services Agreemeiit 2012-2013 Material Testing & Geotech Services Page 7 1.0 37 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 EntireAgreement: 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 Aqfeeaaen� 2012-2013 Material Testing & Geotech Services Page 8 v 1.0 EXHIBIT "A" (SCOPE OF WORK) The contract will cover geotechnical engineering analysis, material sample collection, on -site material inspection, and the testing of concrete, hot mix asphalt (HMA), aggregates and other construction materials for Whatcom County Public Works Projects. Contractor must have a lab meeting A2LA certification for construction materials testing. Geotechnical Engineering Analysis: 1. Perform borings, test pits, or other mechanical methods to investigate subsurface soil conditions. 2. Determine soil load bearing capacity, groundwater levels, soil classifications and other geotechnical properties related to subsurface investigations. 3. Provide technical and professional engineering services to produce stamped (WA state license) technical reports, including recommendations, related to the geotechnical properties of existing site conditions and solutions to proposed project design issues. Proposed designs issues would include, but not be limited to, pavement designs, foundation designs, slope stability, retaining walls, dewatering, settlements, excavations and other design features typical of public works projects. Testing: 1. All test procedures shall be in accordance with applicable ASTM, IBC, WSDOT, AASHTO or other procedures as required in projects adhering to the current Washington State Department of Transportation's (WSDOT's) Standard Specifications for Road, Bridge and Municipal Construction, as well as the WSDOT Construction Manual and Whatcom County Road Standards. County will supply or indicate target material specifications to Contractor for each test, and Contractor shall show the target specification on the test result 2. Initial test results for aggregate gradations, sand equivalents (SE), and fracture shall be available within 48 hours from receipt of materials, unless the County is notified and agrees to a different schedule. Notification shall be primarily via email and telephone call, and secondarily via fax if email is down. 3. HMA oil content initial results shall be available within 8 hours from receipt of material at the testing lab. This test result is critical to verify the quality of material used in the paving operation; therefore, the County requests notification as soon as test is complete via a telephone call. Formal Notification shall follow primarily via email and secondarily via fax if email is down. 4. HMA Rice Density initial results shall be available as soon as possible, and not more than 3 hours from receipt of materials at the testing lab (provided that Contractor receives a hot sample). This test result is critical to verify the quality of material used in the paving operation; therefore, the County requests notification as soon as test is complete via a telephone call. Formal Notification shall follow primarily via email and secondarily via fax if email is down. This schedule will be adjusted if sample is delivered within 3 hours of close of normal business hours. 5. For 7-Day compressive strength concrete cylinder breaks, County requests early notification (via telephone call) by Contractor if lab technicians or professionals see potential problem with predicted strength of material meeting specifications. Formal Notification shall follow primarily via email and secondarily via fax if email is down. 6. Testing will be performed by qualified technicians and professionals, having certifications to perform the range of tests required by road, bridge and municipal construction projects per testing procedures in the WSDOT Construction Manual. Administration: 1. Contractor shall utilize a reporting system that will: Contract for Services Agreement 2012-2013 Material Testing & Geotech Services Page 9 v 1.0 39 a) Supply the County with all test results in electronic format where a PDF document of the test result is attached to an email sent to project team members. For each CRP (County Road Project), the County will supply email addresses, telephone numbers and a fax number associated with notification. Contractor will maintain this data, segregated by CRP No. for the life of the contract. b) Segregate test results by project, display all tests conducted per project and indicate clearly which tests meet or fail project specifications. Each test result or report should have an identifying number. c) Track contract budget by providing both project expended to date and overall contract amount expended to date. d) Mail signed hard copies of all test results/reports to the County within a week of completion. 2. Every quarter (3 months), Contractor will provide the County with an update on the contract dollar amount expended to date. The update shall summarize each invoice number, date and amount. This information should be emailed to the County's administration officer(s) listed in the contract. Contractor shall reference the Whatcom County Contract No. (WCC#) on all correspondence related to this contract. County may relax this requirement if Contractor's reporting system shows this to be a redundant method. 3. All initial test results and final test reports shall have the project name and identifying County Project Number (CRP No.) on them. The Contractor will insure this information is obtained when samples are delivered or picked -up at the project site. 4. Tasks and tests completed must be listed on invoices using the exact description as they appear on the Contractor's Fee Schedule for the various tasks or tests involved. 5. Invoices shall be segregated by project CRP No. and all tests being billed for on the invoice should indicate the identifying test report number. Contract for Services A@FeereeAi: 2012-2013 Material Testing & Geotech Services Page 10 v 1.0 Ell GEOTEST SERVICES, INC. Exhibit B Arlington & Bellingham, WA (Compensation) FEE SCHEDULE Whatcorn County PW- 2012-2013 Materials Testing & Geotechnical Services ENGINEERING, GEOLOGICAL & ENVIRONMENTAL SERVICES Professional Engineer.........................................................................................................135.00 hour Geotechnical Engineer........................................................................................................ 135.00 hour TechnicalDirector................................................................................................................120.00 hour Engineering Geologist.....................•----................................................................................. 90.00 hour Environmental Professional...................................................................................................90.00 hour ProjectManager.................................................................................................................... 80.00 hour Geotechnical Technician................................................................................................... ... 75-00 hour Geologist........................ ::....:........................................ ........................................................ 75.00 hour CESCL (Certified Erosion & Sediment Control Lead)........................................................... 75.00 hour CONSTRUCTION INSPECTION SERVICES Reinforced Concrete.............................................................................................................. 55.00 hour Prestressed Concrete............................................................................................................55.00 hour StructuralMasonry ........................................•--.................._.......................... ........................ 55.00 hour Spray -Applied Fireproofing ..................................................................................................... 55.00 hour Lateral Framing (Wood & Steel)............................................................................................ 55-00 hour ProprietaryAnchors.......................................•....................................................................... 55.00 hour Structural Steel Welding and Bolt Torque ............ .................... ..: ...... .................................... 60.00 hour In -Place Density - Nuclear Gauge, Soils & Asphalt............................................................. 60.00 hour Soils Observation.................................................................. ..... 60.00 hour PilingInspection.............................•••-•--•...-••••-............................------..................................- 55.00 hour Laboratory Technician...................................................................... ........... 55.00 hour Field Technician..................................................................... ............ ................................... 55-00 hour FieldSampling....................................................................................................................... 55.00 hour Technical Review/Reporting...................................... .......... ..60.00 ....................................:.......... hour SPECIALTY SERVICES Bolt Pull-out Tests......................-----------•------....---------................................ ...... . 80.00 hour ........ ............. Ground Penetrating Radar(GPR)..................................................... ........120.00 .......................... hour Rebar Location (Pachometer)............................................................................................... 80-00 hour Concrete & Asphalt Coring ..................................................... ......80.00 hour SchmidtHammer................................................................................................................... 80.00 hour WindsorProbe....................................................................................................................... 80.00 hour Brick Shear Testing (2 man crew)................................:............................................... .......150.00 hour Floor Flatness Testing (Dipstick)................................................................... ......... ............... 90-00 hour Field Infiltration Testing............................................:............. ..... .......................................... 70.00 hour Moisture Emission Testing.................................................................................................... 55.00 hour 741 Marine Drive, Bellingham, WA 98225 • phone: 360.733.7318 . fax: 360.733.7418 20611— 67 h Ave. NE, Unit A, Arlington, WA 98223 • phone: 360.435.1141 . fax: 360.435.1124 FA4E /i 41 GEoTEST SERVICES, INC. Exhibit B Arlington & Bellingham, WA (Compensation) FEE SCHEDULE Whatcom County PW- 2012-2013 Materials Testing & Geotechnical Services MATERIALS TESTING CONCRETE Compressive Strength - Concrete Cylinders........................................................................... 20.00 ea Compressive Strength - Drilled Cores (includes trimming and testing) .................................... 60.00 ea Compressive Strength - Sawed Specimens (includes trimming and testing) .......................... 60.00 ea Shotcrete Panel - 3 Cores Per Panel..................................................................................... 200.00 ea Additional Shotcrete Cores...............•••--..••••••-•-••••••..................................................••••.........••• 75.00 ea Flexural Strength - 6" x 6" Beams........................................................... . 45.00 ea ................................ AirDry Unit Weight................................................................................................................... 35.00 ea Trimming Specimens - Per End (when required).................................................................... 15.00 ea MASONRY Compressive Strength - Mortar, 2" x 4" Cylinder...................................................................... 20.00 ea Compressive Strength - Grout, 4" x 4' x 8" Prism .................. ........................................... :...... 20.00 ea Compressive Strength - 2" x 2" Cubes (Cementitious Grout) ................................................. 20.00 ea Compressive Strength - 2" x 2" Cubes (Epoxy Grout) ............................................................ 30.00 ea .................... Compressive Strength - Composite Prism ............................................ .......... 100.00 ea Compressive Strength - Masonry Units................................................................................. 100.00 ea AGGREGATE Sieve Analysis, with Wet Wash.........•................................................................................... 110.00 ea SieveAnalysis, Dry Only...........................•--.......-•-.............................................................••... 75.00 ea Sieve Analysis, % Passing #200 Sieve.........................................................................:.......... 75.00 ea Specific Gravity and Absorption - Fine Aggregate ............................ ............. 75.00 ea .......................... Specific Gravity and Absorption - Coarse Aggregate............................................................... 60.00 ea Uncompacted Voids - Fine Aggregate.................................................................................... 150.00 ea UnitWeight and Voids.............................................................................................................. 40.00 ea SandEquivalent....................................................................................................................... 80.00 ea MoistureContent ....................................... :............ :................................................................. 35.00 ea PercentFracture....................................................................................................................... 60.00 ea Organic Impurities Test................................................................:........................................... 40.00 ea Clay Lumps and Friable Particles............................................................................................. 80.00 ea LightweightPieces.................................................•-------•--........................................................ 75.00 ea Flat/Elongated Particles....................................................:.... ...... ..........:.................................. 80.00 ea ASPHALT Asphalt Content & Gradation (Ignition Furnace).................................................................... 225.00 ea Maximum Specific Gravity (Rice Density)......................................................................:......... 80.00 ea Asphalt Core Density/Thickness....................................... ........ 40.00 ea ................................................ Marshall Method Test - Flow, Stability, Density & Voids Hot Mix Furnished, Set of 3............................................................................................... 300.00 ea LabMixed, Set of 3............................................................................................................ 350.00 ea 741 Marine Drive, Bellingham, WA 98225 • phone: 360.733.7318 • fax: 360.733.7418 20611- 67'" Ave. NE, Unit A. Arlington, WA 98223 • phone: 360.435.1141 • fax: 360.435.1124 PA 4E 1 %-- 42 GEOTEST SERVICES, INC. Exhibit B Arlington & Bellingham, WA (Compensation) FEE SCHEDULE Whatcom County PW- 2012-2013 Materials Testing & Geotechnical Services SOILS Sieve Analysis, with Wet Sieve............................................................................. ..... 110.00 ea ....................... Sieve Analysis, Dry Only................................................................................. .. 75.00 ea Sieve Analysis, % Passing #200 Sieve ........ :........................................................................... 75.00 ea Sieve Analysis w/ Hydrometer................................................................................................ 200.00 ea Moisture Density Relationship (Proctor).................................................................................175.00 ea Moisture Density Relationship (Proctor) w/ Sieve.................................................................. 235.00 ea CheckPoint......................................................................................................................... 80.00 ea MoistureContent......................................................... .-........................................................... 35.00 ea Atterberg Limits (3 points)...................................................................................................... 125.00 ea SpecificGravity .............................................................•................................... ....... 75.00 ea Consolidation- 5 Loads.......................................................................................................... 350.00 ea Permeability - Constant Head or Falling Head (each point) ................................................... 250.00 ea OrganicContent.............................................................................................. 80.00 ea MISCELLANEOUS Fireproofing Density Test...................................................................................................... 60.00 ea Floor Moisture Test Kit ....................................................... ........ 35.00 ea Windsor Probe Pin (Set of 3).................................................................................................... 40.00 ea GENERAL CONDITIONS • GeoTest special inspection and field testing services are provided on a time and materials basis. • A four (4) hour minimum charge applies to all inspection field services. Same day cancellations may incur a minimum charge. • GeoTest requests 24 hours advance notice for scheduling field services. GeoTest may not be able to provide service for same day call out. • A premium rate of 1-5 times the regular rate will be charged for all work in excess of 8 hours per day and Saturdays. Double-time rates will be applied to services provided on Sundays & legal Holidays. • Night shift An eight (8) hour minimum charge at 1.5 times the regular rate applies to field night work. A four (4) hour minimum charge at 1.5 times the regular rate applies to lab night work. • Mileage charged at current federal mileage rate ($/mile). • Field testing equipment expenses are included in the hourly rates except where specifically noted on the fee schedule or a project specific proposal. • Laboratory rush samples (less than 48 hr turn -around time and weekend or holiday work) will be invoiced at 1.5 times the standard test rate. Except as outlined in the contract document - Rental equipment, reimbursable expenses and subcontractor fees will be invoiced at cost plus 15%. • Unless otherwise agreed, test specimens or samples will be disposed of immediately upon completion of the test. • GeoTest is covered by General and Professional liability insurance exceeding industry standards. • Progress billing is typically provided monthly. 741 Marine Drive, Bellingham, WA 98225 • phone: 360.733.7318 • fax: 360.733.7418 20611— 67" Ave, NE. Unit A, Arlington, WA 98223 . phone: 360.435.1141 • fax: 360.435.1124 pA 4 E 13 [%sued 2012 43 Exhibit C A _ly CERTIFICATE OF LIABILITY INSURANCE 6/22i o 2 Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Rice Insurance LLC 1400 Broadway P.O. BOX 639 Bellingham WA 98227 CONTACT Sue NAME Chrysler PIfO"2 ,. (360) 734-1161 FAX XNel, (360) 734-1173 MIE INSURE S AFFORDING COVERAGE NAIC0 DISURERA:The Hartford 29424 INSURED GEO TEST SERVICES INC 741 MARINE DR BELLINGHAM WA 98225 1 INSURERB:Hartford Ins Co of Midwest 37478 MSURERC.Hudson SpecialtV Insurance INSURERD: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER CL126613587 REVISION NUMBER: THIS IS TO CERTIFY THAT 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 WlHICH 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LLTTRR TYPE OF INSURANCE POLICY NUMBER IR p E POLICY IW_MIDDNYYYYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑$ OCCUR X 52SBAPS1329 /2/2012 /2/2013 DAMAGE TO RENTED PRFMIcFS rEa occwrence S 300,000 MED EXP (Any one person) $ 10,000 PERSONAL B ADV INJURY $ 2,000,000 X WA Stop Gap/Empl Liab GENERAL AGGREGATE S 4,000,000 GENt AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S 4,000,000 S POLICY X PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident g 1,000,000 BODILY INJURY (Per person) S B X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X =CPE6011 /2/2012 /2/2013 BODILY INJURY (Per accident) S PROPERTY DAMAGE P r S HIRED AUTOS NON -OWNED AUTOS O.M1editai ants S UMBRELLA LIAB HCLAIMS-MADE OCCUR I EACH OCCURRENCE S AGGREGATE s EXCESS LIAB DED I I RETENTIONS S WORKERS COMPENSATION WC STATU- O7H- AND EMPLOYERS' LIABILITY Y I N ANY PROPRIFfORIPARTNEREXECUTIVE E.L. EACH ACCIDENT S OFT-ICERIMEMBER EXCLUDED? ❑ NIA E_L DISEASE - EA EMPLOYEE S (Mandatory In NH) If yes, describe urWer DESCRIPTION OF OPERATIONS below I El, DISEASE - POLICY LIMIT S C Professional Liability SB2420162202 /2/2012 /212013 Each Claim $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: All projects where there is a written contract requiring the following conditions. Certificate holder is additional insured for General Liability and rights of Subrogation are waived per form SS00080405 attached. Additional Insured status applies to Automobile Insurance per the attached form RA9916 09 10. jkarcher@co.whatcom.wa.us Whatcom County 322 N Commercial St., #301 Bellingham, WA 98225-4042 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Haskell/SUE ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS02512ninosint Tho lL1 npn names anrd Innn nra ranielararl mark-.nf Arnian BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 © 2005, The Hartford 45 QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension - Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Otherinsurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 EN BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we', "us" and 'our" refer to the stock insurance company member of The Hartford providing this insurance. The word insured" means any person or organization qualifying as such under Section C. - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section D. - Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b. This insurance applies: (1) To "bodily injury" and "property damage" only if: Form SS 00 08 04 05 © 2005, The Hartford (a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (b) The "bodily igJury" or "Property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or daim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; Page 1 of 24 47 BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or claim for damages because of the 'bodily injury" or "property damage'; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury'. e. Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. MEDICAL EXPENSES Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; jand (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. Page 2 of 24 b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 3. COVERAGE EXTENSION - SUPPLEMENTARY PAYMENTS a. We will pay, with respect to any claim or "suit" we investigate or settle, or any "suit' against an insured we defend: (1) All expenses we incur. (2) Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. (3) The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. (5) All costs taxed against the insured in the "suit". (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. (7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under (1) through (7) above will not reduce the limits of insurance. Form SS 00 08 04 05 U- b. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: (1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; (4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee: (a) Agrees in writing to: (i) Cooperate with us in the investigation, settlement or defense of the "suit"; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (i) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit". Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary fitigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. — Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met B. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Contractual Liability (1) 'Bodily injury" or "property damage"; or (2) "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or Page 3 of 24 • BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or "property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business, or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of (1) above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the insured may be liable as an "insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or "property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured. (i) Liability to such party for, or for contract". the cost of, that party's defense f. Pollution has also been assumed in the same "insured contract", and (1) "Bodily injury", "property damage' or "personal and advertising injury" (ii) Such attomeys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of "pollutants": resolution proceeding in which damages to which this (a) At or from any premises, site or insurance applies are alleged. location which is or was at any time owned or occupied by, or C. Liquor Liability rented or loaned to any insured. "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to: reason of: (i) "Bodily injury" if sustained within (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol; or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that is used to heat water for personal use, by relating to the sale, gift, distribution or the building's occupants or their use of alcoholic beverages. guests; This exclusion applies only if you are in the (ii) "Bodily injury" or "property business of manufacturing, distributing, damage,for which you may be selling, serving or furnishing alcoholic held liable, if you are a beverages. contractor and the owner or d. Workers' Compensaon And Similar ti lessee of such premises, site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily injury" to: such premises, site or location (1) An "employee" of the insured arising is not and never was owned or occupied by, or rented or out of and in the course of: loaned to, any insured, other (a) Employment by the insured; or than that additional insured; or Page 4 of 24 Form SS 00 08 04 05 50 BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (ii) 'Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor, or as waste by or for (iii) "Bodily injury" or "property (1) Any insured; or damage" arising out of heat, (ii) Any person or organization for smoke or fumes from a"hostile fire"; or whom you may be legally responsible; (e) At or from any premises, site or (d) At or from any premises, site or location on which any insured or any location on which any insured or contractors or subcontractors working directly or indirectly on any any contractors or subcontractors insured's behalf are performing working directly or indirectly on operations if the operations are to any insured's behalf are best for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, "pollutants" are brought on or to or in any way respond to, or assess the premises, site or location in the effects of, pollutants". connection with such operations by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any. subparagraph does not apply to: (a) Request, demand, order or statutory (i) "Bodily injury" or "property or regulatory requirement that any " damage arising out of the insured or others test for, monitor, escape of fuels, lubricants or dean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants"; or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 51 BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use includes i. War operation and "loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused, arising, directly or indirectly, out of. other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others "occurrence" (2) Warlike action by a military force, by that insured, if the which caused the "bodily injury" or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, any government, any aircraft, "auto" or watercraft that is sovereign or other authority using or owned or operated by or rented or loaned to military personnel or other agents; or any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by governmental authority in hindering or (1) A watercraft while ashore on premises defending against any of these. you own or rent; j. Professional Services (2) A watercraft you do not own that is: "Bodily injury", "property damage„ or (a) Less than 51 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but is not limited to: next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment"; or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or instruction; with a paid crew. However, this exception does not apply if the insured (6) Any service, treatment, advice or has any other insurance for such 'bodily instruction for the purpose of appearance or skin enhancement, hair injury" or "properly damage", whether removal or replacement or personal the other insurance is primary, excess, contingent or on any other basis. grooming; h. Mobile Equipment (7) Optical or hearing aid services including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and- similar (1) The transportation of "mobile equipment' products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured; or Page 6 of 24 Form SS 00 OB 04 05 52 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fittirig,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (g) Any. of Insurance applies to Damage To (a) Body piercing (not including ear Premises Rented To You as described in piercing); Section D. - Limits Of Insurance. (b) Tattooing, including but not limited Paragraph (2) of this exclusion does not "your to the insertion of pigments into or apply if the premises are work" and under the skin; and were never occupied, rented or held for rental by you. (c) Similar services; Paragraphs (3) and (4) of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this (11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. site design. Paragraphs (3) and (4) of this exclusion do Paragraphs (4) and (5) of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. Paragraph 1.e. in Section. A. - Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage" included in the "Property damage" to: "products -completed operations hazard". (1) Property you own, rent or occupy, 1. Damage To Your Product including any costs or expenses "Property damage" to "your product" incurred by you, or any other person, arising out of it or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, restoration or maintenance of such "Property damage" to "your work" arising property for any reason, including out of it or any part of it and included in the prevention of injury to a person or "products -completed operations hazard". damage to another's property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon, if the "property damage" arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or (4) Personal property in the care, custody Property Not Physically Injured or control of the insured; "Property damage" to "impaired property" (5) That particular part of real property on or property that has not been physically which you or any contractors or injured, arising out of: subcontractors waking directly or (1) A defect, deficiency, inadequacy or indirectly on your behalf are performing dangerous condition in "your product' operations, if the "property damage" or "your work"; or arises out of those operations; or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms. incorrectly performed on it. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to .your product" or "your work" after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 53 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product",- (c) An Internet search, access, (2) "Your worts"; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical . Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by (1) Arising out of oral, written or electronic itself, is not considered the business publication of material, if done by or at of advertising, broadcasting, the direction of the insured with publishing or telecasting; knowledge of its falsity; (9) Arising out of an electronic chat room (2) Arising out of oral, written or electronic or bulletin board the insured hosts, publication of material whose first owns, or over which the insured publication took place before the exercises control; beginning of the policy period; (10) Arising out of the unauthorized use of (3) Arising out of a criminal act committed anther's name or product in your e-mail by or at the direction of the insured; address, domain name or metatags, or any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use " (11) Arising out of the violation of a another's advertising idea in your "advertisement"; person's right of privacy created by any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act; "advertisement"; (6) Arising out of the wrong description of (12) Arising out of: the price of goods, products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images; or 'adverfisement", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (1) Your web site; or a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 54 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities; or persons or property which would (15) Arising out of discrimination or not have occurred in whole or in part but for the "asbestos hazard"; humiliation committed by or at the direction of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or q. Electronic Data others test for, monitor, clean up, remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an "asbestos hazard"; or "electronic data"- c "lt(c) Arise out of any claim or suit for r. Employment -Related Practices damages because of testing for, "Bodily injury" or "personal and advertising monitoring, cleaning up, removing, injury' to: encapsulating, containing, treating, (1)- A person arising out of any: detoxifying or neutralizing or in any way responding to or assessing the (a) Refusal to employ that person; effects of an "asbestos hazard". (b) Termination of that person's t. Violation Of Statutes That Govern E- employment; or Mails, Fax, Phone Calls Or Other (c) Employment -related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, "Bodily injury", "property damage", or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to pace; or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act (TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury" to the (2) The CAN-SPAM Act of 2003, including person at whom any of the any amendment of or addition to such employment -related practices law; or described in Paragraphs (a), (b), or (c) above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c. through h. and k. through o. do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the "asbestos hazard". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss, costs or expenses that Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 55 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products -Completed Operations Hazard Included with the "products -completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. Page 10 of 24 e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers' only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co -"employee' while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To • the spouse, child, parent, brother or sister of that co - 'employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, Form SS 00 08 04 05 56 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your 'employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real (Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, and Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment' registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your pemvssion. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. 'Bodily injury" to a co "employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Page 11 of 24 57 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (t) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products -completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for "bodily "property in the product made intentionally injury", damage" or "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises "r (a)Bodil injury", ".p operty damage" leased to you. "y or personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) 'Bodfly injury" or "property damage" place after you cease to lease that included within the "products - land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury', "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the ads or omissions oacting on f those acti (b) In connection with your premises your behalf owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or 'personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products - failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 . Page 13 of 24 59 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds; b. Claims made or "suits' brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your 'locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. Page 14 of 24 This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b, above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto. demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3. above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, i the any remaining period of less than 12 months, starting enforcement of any right againstt any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable the insured because of injury after issuance for an additional period of less than 12 or damage which this insurance months. In that case, the additional period will be may also appllyy. _ deemed part of the last preceding period for purposes of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other 1. Bankruptcy than for first aid, without our consent Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity_ You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as practicable of an 'occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or include: the extent possible, notice should include: that this insurance is primary and non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a_ and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional 2 () Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The O Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 61 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or 'suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and Page 16 of 24 (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Form SS 00 08 04 05 62 (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. S. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior, to the injury or damage. Page 17 of 24 63 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Designated Person Or Organization; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. Page 18 of 24 3. Additional Insured - Grantor Of Franchise WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Lessor of Leased Equipment, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. 5. Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization_ 6. Additional Insured - State Or Political Subdivision — Permits a. WHO IS AN INSURED under Section C. is amended to include as an additional 1psured the state or political subdivision shown in the Declarations as an Additional Form SS 00 08 04 05 •A BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performedat (1) "Bodily injury", "property damage" or the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product the state or municipality; or (g) Products which, after distribution (2) "Bodily injury" or "property damage" or sale by you, have been labeled included in the "product -completed or relabeled or used as a operations" hazard_ container, part or ingredient of any 7. Additional Insured — Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury" or 'property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (I) The exceptions contained in business and only if this Coverage Part Subparagraphs (d) or (f); or provides coverage for "bodily injury" or "property damage" included within the (ii) Such inspections, "products -completed operations hazard". adjustments, tests or servicing as the vendor has agreed to b. The insurance afforded to the vendor is make normally undertakes subject to the following additional exclusions: a to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, Form SS 00 08 04 05 8. Additional Insured — Controlling Interest WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Controlling Interest, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. Page 19 of 24 65 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 9. Additional Insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations for the additional insured(s); or (2) In connection with "your work" performed for that additional insured and included within the "products - completed operations hazard", but only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury", "property damage" or "personal an advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 10. Additional Insured — Co -Owner Of Insured Premises WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or Organization(s) shown in the Declarations as an Additional Insured — Co - Owner Of Insured Premises, but only with respect to their liability as co-owner of the premises shown in the Declarations. Page 20 of 24 The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; b. The Internet, but only that part of a web site that is about goods, products or services for the purposes of inducing the sale of goods, products or services; or c. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". S. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: Form SS 00 08 04 05 •• a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to. 7. "Electronic data" means information, facts or programs: a. Stored as or on; b. Created or used on; or C. Transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. You .have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. — Liability and Medical Expenses Limits of Insurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to .your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: Page 21 of 24 67 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business_ "Leased worker" does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or .auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but 'loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. 'Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d.' Vehicles, whether self-propelled or not, on which are permanently mounted: Page 22 of 24 (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo_ However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; Form SS 00 08 04 05 c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor, d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" means any solid. liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard"; a. Includes all 'bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "properly damage" arising out of (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of -use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of `bodily injury', "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions_ 23. "Volunteer worker" means a person who: a. Is not your "employee"; Page 23 of 24 We BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and Page 24 of 24 (2) The providing of or failure to provide wamings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of 'Your work"; and (2) The providing of or failure to provide warnings or instructions. Form SS 00 08 04 05 70 COMMERCIAL AUTOMOBILE HA99160910 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership, joint venture or limited liability company (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." © 2010, The Hartford (Includes copyrighted material Form HA 99 16 0910 of ISO Properties, Inc., with its permission.) Page 1 of 5 71 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply" with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non -Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D. - Additional Insured If Required by Contract, the following provisions apply- (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: © 2010, The Hartford (Includes copyrighted material Form HA 9916 0910 of ISO Properties, Inc., with its permission.) Page 2of5 72 If an "employee's" personal insurance also 5. applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the 'loss'; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loanflease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not retumed by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases_ 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: a.Exclusions 4.c. and 4_d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. © 2010, The Hartford (Includes copyrighted material Form HA 9916 0910 of ISO Properties, Inc., with its permission.) Page 3 of 5 73 b.$1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered 'auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered 'auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, .we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same 'accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: © 2010, The Hartford (includes copyrighted material Form HA 99 16 0910 of ISO Properties, Inc., with its permission.) Page 4 of 5 74 If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named insured written notice of cancellation at least 60 days before the effective date of cancellation_ 18. HYBRID PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid' auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos damaged in any one "loss", the most we will pay under this Hybrid Payment Coverage provision for anyone "loss" is $10,000. For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. © 2010, The Hartford (Includes copyrighted material Form HA 9916 09 10 of ISO Properties, Inc., with its permission.) Page 5 of 5 75 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-232 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Pi 6/4/12 Il M D ,1 U L 0 2 2012 WHATCOM COUNTY 7110112 Finance/Council Division Head: �O Ix - Dept. Head. 40 a, v Prosecutor: rjw 6/712 mdc(,, 618/12 Purchasin /Bud et: COUNCIL Executive: 742 h TITLE OF DOCIFAfE Agreement between the Health Dept and Opportunity Council ATTACHMENTS: Contract Info Sheet Memo to Executive 2 Originals of Contract Amendment SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) SEPA review completed? ( ) Yes ( ) NO 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.) Provides funding for transitional housing, case management support for a continuum of housing services, hygiene product distribution, and limited transportation assistance for DSHS Medical Care recipients. 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. 76 WHATCOM COUNTY GOM co Regina A. Delahunt Health Department rP� °yA Director 509 Girard Street 3 < Bellingham, WA 98225 � 02 9SHIN6C RECEIVED MEMORANDUM JUN 26 2012 TO: Jack Louws, County Executive JACK LOUWS COUNTY EXECUTIVE FROM: Regina �A.. Delahunt, Director RE: Opportunity Council, Combined Housing Program Amendment #1 DATE: June 20, 2012 Enclosed are two (2) originals of a contract amendment between Whatcom County and Opportunity Council for your review and signature. ■ Background and Purpose Through its homeless housing programs, Opportunity Council provides a continuum of housing services including emergency and transitional housing, prevention assistance, ongoing rental subsidies, and case management support for individuals and families, including to those waiting for housing assistance. This contract funds operating costs for transitional housing, case management support for a continuum of housing services, and limited transportation assistance for DSHS Medical Care Recipients. The Health Department combined Washington Department of Commerce Consolidated Homeless Grant funds, local SHB 2060 funds plus funding from the Department of Commerce Housing and Essential Needs grant into one program which funds these activities. ■ Funding Amount and Source The funding source for this contract, in an amount not to exceed $246,776, is Washington State Department of Commerce Consolidated Homeless Grant, Washington State Department of Commerce Housing and Essential Needs Grant, and County -held SHB 2060 Housing Program funds. Funding for this contract is included in the 2012 budget. The contract requires Council approval because it increases the contract value by more than 10%. An agenda bill is attached. ■ Differences from Previous Contract The amendment adds funding to be used for hygiene product distribution. The contract history is: • Original amount $ 246,776 • Amendment #1 $ 33,773 The revised total maximum consideration is not to exceed $280,549. Please contact at Gail de Hoog at extension 50693 if you have any questions regarding this amendment. Encl. 77 Whatcom County WHATCOM COUNTY CONTRACT Contract No. INFORMATION SHEET 201111047-1 Originating Department: Health Contract Administrator: Gail de Hoog Contractor's / Agency Name: Opportunity Council 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): 201111047 Is this a grant agreement? Yes _ No X_ If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes X No If yes, associated Whatcom County grant contract number(s) 201109020 / 201112013 Is this contract the result of a RFP or Bid process? Contract Yes X No If yes, RFP and Bid number(s) 11-70 Cost Center: _122600/121200/122300_ Is this contract excluded from E-Verify? No _X_ Yes If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: Contract less than $100,000. Professional services agreement for certified/licensed professional Work is for less than 120 days Contract for Commercial off the shelf items (COTS) Interlocal Agreement (between Govt.) Public Works Dept. - Local Agency/Federally Funded FHWA Contract Amount:(sum of orig contract amt and If a Professional Services Agreement is more than $15,000 or a Bid is more than any prior amendments) $35,000, please submit an Agenda Bill for Council approval and a supporting $_246,776.00 memo. Any amendment that provides either a 10% increase in amount or more This Amendment Amount: than $10,000, whichever is greater, must also go to Council and will need an $_33,773.00 agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: Executive with supporting memo for approval. $_280,549.00 Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary) This contract provides funding to the Opportunity Council for operational costs for the transitional housing program, case management activities for a continuum of housing services, limited transportation assistance, and hygiene product distribution for DSHS Medical Care Recipients. Term of Contract: 01/01/2012-12/31/2012 1 Expiration Date: 12/31/2012 Contract Routing Steps & Siggofl: (sign or initial] [indicate date transmitted] 1. Prepared by: Pi Date_6/4/12 [electronic] 2. Attorney reviewed: rjw Date 6/7/12 [electronic] 3. AS Finance reviewed: mdc Date 6/8/12 [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff:�, Date - 7. Contractor signed: as Date L-is-l2. 8. Submitted to Exec Office ,/ Date L - 26 -/2- [summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original Returned to dept; Date 13. County Original to Council Date WHATCOM COUNTY COUNTY ORIGINAL CONTRACT NO. aoll//oy-7-1 WHATCOM COUNTY HEALTH DEPARTMENT CONTRACT AMENDMENT PARTIES: Whatcom County Whatcom County Courthouse 311 Grand Avenue Bellingham, WA 98225 AND CONTRACTOR: Opportunity Council 1111-Cornwall Avenue Bellingham, WA 98225 Whatcom County # 201111047 AMENDMENT NUMBER: 1 CONTRACT PERIODS: Original: 01/01/2012—12/31/2012 Amendment # 07/16/2012—12/31/2012 THE CONTRACT IDENTIFIED HEREIN, INCLUDING ANY PREVIOUS AMENDMENTS THERETO, IS HEREBY AMENDED AS SET FORTH IN THE DESCRIPTION OF THE AMENDMENT BELOW BY MUTUAL CONSENT OF ALL PARTIES HERETO DESCRIPTION OF AMENDMENT: 1. Amend Page 1, fourth paragraph as follows: The general purpose or objective of this Agreement is to provide operating costs for transitional housing, case management services, and essential needs assistance as more fully and definitely described in Exhibit A hereto. 2. Amend Page 1, fourth paragraph as follows: The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed 280 549. 3. Amend Exhibit A, Scope of Work, Section I, Background, by removing the second, sentence and add in its place: This contract funds operating costs for transitional housing, case management support for a continuum of housing services, hygiene product distribution, and transportation assistance for DSHS Medical Care Recipients. 4. Amend Exhibit A, Scope of Work, Section II Statement of Work, Section C, add: (5). Purchase and distribute hygiene products to eligible HEN clients. (6). Keep on record an updated folder of BVS eligibility forms for participants who have received hygiene products from Opportunity Council. 5. Amend Exhibit B, by removing the July 1, 2012 to December 31, 2012 portion of the budget table and replacing it with the following: HL_07162012_Opportunity_Council_Combined_Housing_Amendment 1 Page 1 of 3 79 HEN July 1, 2012 — December 31, 2012 Activity/Line Item Funding Source Estimated Unit Cost Budget Housing and Essential Needs Transportation Assistance HEN $5,000.00 $5,000:00 HygieneFProduct Distribution HEN 28,464.00 $28,464.00 Program Operations Personnel HEN $22.73 per hour $3,718.00 Program Administration HEN 6.6% $2,454.00 Subtotal July -December $39,636.00 Subtotal HEN $45,499.00 GRAND TOTAL $280,549.00 6. The effective date of the amendment is July 16, 2012. HL_07162012_Opportunity—Council_Combined—Housing Amendment_1 Page 2 of 3 :1 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND ANY PREVIOUS AMENDMENTS THERETO REMAIN IN FULL FORCE AND EFFECT. ALL PARTIES IDENTIFIED AS AFFECTED BY THIS AMENDMENT HEREBY ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THIS AMENDMENT. Signature is required below. APPROVAL AS TO DEPARTMENT HEAD API APPROVAL AS TO FORM: FOR Contractor Signature STATE OF WASHINGTON) COUNTY OF WHATCOM ) Deacon, Human Services Program uavlu NV. r111M Print Name and 04d2zIJ.z /2 On'#s day of 2012, before me personally appeared � a (r� r'1D , to me known to be th and who executed . trument and who acknowledged to me the act of signing and sealing4ereo£. Fl•.BO L% � �,I►Q. � SON EJKp� q T FR Y Fs': NOTARY PUBLIC in and for Q ; p the State of Washington �G O Residing at Bellingham. PUBS" ?� 1 My Commission expires: 1 /6 FOR WHATCOM COUNTY: Jack Louws County Executive STATE OF WASHINGTON) COUNTY OF WHATCOM ) Date 09.06,2 * TF'nr WP On this day of 12012, before me personally appeared Jack Louws, tome known to be the Executive of Whatcom County and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington Residing at Bellingham. My Commission expires: HL_07162012_Opportunity_Council_Combined_Housing Amendment_1 Page 3 of 3 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-233 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Pi— 6113112 7110112 Finance/Council Division Head: 1�?� L'—� V Dept. Head: JUL 0 2 2012 Rjw 617112 Prosecutor: WHATCOM COUNTY2 Purchasin /Bud et: m 6/7/1 COUNCIL '7 /a // Executive: TITLE OF DO T: Agreement between the Whatcom County Health Dept. and Skagit County for service to adults with developmental disabilities. ATTACHMENTS: Contract Info Sheet Memo to Executive 2 Originals of Contract Agreement SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language far use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Provides funding for reimbursement to Skagit County for adult developmental disability services provided to eligible Whatcom residents by Skagit County providers, and revenue for Whatcom County when Whatcom County providers serve eligible Skagit County residents with developmental disabilities. 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.waus1council, WHATCOM COUNTY Health DEPT. 509 Girard St. Bellingham, WA 98225 co Regina A. Delahur Directc RECEIVED O MEMORANDUM TO: Jack Louws, County Executive FROM: Regina A. Delahunt, Director JUN 2 5 2012 JACK LOUWS COUNTY EXECUTIVE RE: Skagit County Interlocal Cooperative Agreement Developmental Disabilities Services DATE: June 18, 2012 Enclosed are two (2) originals of an Inter -local Cooperative Agreement between Skagit and Whatcom Counties for your review and signature. ■ Background and Purpose The purpose of this agreement is to provide reimbursement to Whatcom County for adult developmental disability services provided to eligible Skagit County residents served by Whatcom County contracted qualified providers. It also provides reimbursement to Skagit County for adult developmental disability services provided to eligible Whatcom residents by Skagit County contracted qualified providers. Council approval is required because the value exceeds $15,000. ■ Funding Amount and Source The source of funding for this contract, in an amount not to exceed $26,000, is the Washington State Department of Social and Health Services, Division of Developmental Disabilities. ■ Differences from Previous Contract This is a new agreement. Please contact Jessica Lee at extension 32014, if you have any questions or concerns regarding the terms of this agreement. Encl. HL 070112_Skagit County-Whatcom_County Agreement DD Services WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. 0?0/,�,000(� Originating Department: Health Contract Administrator: Jessica Lee Contractor's / Agency Name: Skagit County 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 X No If yes, associated Whatcom County grant contract number(s) 201107017 Is this contract the result of a RFP or Bid process? Contract Yes _ No X_ If yes, RFP and Bid number(s) Cost Center: Is this contract excluded from E-Verify? No Yes X_ If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: Contract less than $100,000. Professional services agreement for certified/licensed Tonal _ Work is for less than 120 days Contract for Commercial off the shelf items (COTS) X_ Interlocal Agreement (between Govt.) Public Works Dept. - Local Agency/Federally Funded FHWA Contract Amount:(sum of orig contract amt If a Professional Services Agreement is more than $15,000 or a Bid is and any prior amendments) more than $35,000, please submit an Agenda Bill for Council approval $_26,000.00 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 $ 26,000.00 approval. Scope of Services: It provides reimbursement to Whatcom County Developmental Disabilities for services provided to eligible Skagit County residents served by Whatcom County contracted qualified providers. It also provides reimbursement to Skagit County Developmental Disabilities for services provided to eligible Whatcom residents by Skagit County contracted qualified providers. Term of Contract: g/1 /12 — 6/30/13 Expiration Date: 6/30/13 Contract Routing Steps & Signoff. [sign or initial] (indicate date transmitted] 1. Prepared by: Pi Date 6/6/12 [electronic] 2. Attorney reviewed: rjw Date 6/7/12 [electronic] 3. AS Finance reviewed:_mdc Date_6/7/12 (electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff: Date��_�., —� 7. Contractor signed? Date 8. Submitted to Exec Office ./ Date-ZS / Z [summary via electronic; hardcopies] 9. Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original Returned to dept; Date 13. County Original to Council Date HL_070112_Skagit_County-Whatcom County Agreement_DD_Services 2 84 1) ORIGINAL INTERLOCAL COOPERATIVE AGREEMENT BETWEEN Whatcom County AND Skagit County CONTRAC.T NO. aoiao6oi� THIS AGREEMENT is made and entered into by and between Whatcom County ("Whatcom") and Skagit County, Washington ("Skagit") pursuant to the authority granted by Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT. 1. PURPOSE: The purpose of this agreement is to ensure that eligible clients of the Division of Developmental Disabilities have access to qualified providers willing to provide services to the eligible client as required by the Center for Medicare and Medicaid Services (CMS). Furthermore, this agreement maximizes available resources and minimizes administrative duties placed on the counties by the state. The agreement applies only to adults who are authorized and determined eligible by the Regional Office of the State of Washington DSHS, Division of Developmental Disabilities in the county which the individual resides. It provides reimbursement to Whatcom County Developmental Disabilities for services provided to eligible Skagit County residents served by Whatcom County contracted qualified providers. It also provides reimbursement to Skagit County Developmental Disabilities for services provided to eligible Whatcom residents by Skagit County contracted qualified providers. Qualified providers have met all requirements of Division of Developmental Disabilities Policy 6.13; Provider Qualification for Employment and Day Program Services and have a legal, fully executed contract with Skagit or Whatcom County Developmental Disability Programs. 2. RESPONSIBILITIES: The County of an eligible client's residence agrees to: A. Reimburse the county providing the service for payments made when the client's minimum service levels have been provided. Payments shall be fee for service utilizing a monthly unit of service. B. Collaborate with the county of service to establish a monthly unit fee for service that follows the State's adopted service level guidelines located at: http://wwwl .dshs.wa.qov/pdf/adsa/ddd/CO%20-%20Service%20Level%20Guidelines.pdf C. Notify the county where the service will take place of each individual referral before service commences. D. Submit billing to the state as contractually required for services rendered. The County providing service to the eligible client agrees to: A. Request reimbursement for services from the County of residence no later than the last working day of each billing month. HL 070112_Skagit County-Whatcom County Agreement_DD Services 85 B. Complete required Case Management Information Services spreadsheets for services rendered and forward these worksheets in a manner that meets the state's confidentiality of client records requirements and no later than the twenty-first (21s) calendar day of each billing month. C. Collaborate with the county of residence to establish a monthly unit fee for service that follows the State's adopted service level guidelines located at: http://wwwl .dshs.wa.qov/pdf/adsa/ddd/CO%20%2OService%2OLevel%20Guidelines. pdf D. Monitor services and contracts related to the expenditure of these funds in accordance with the Criteria for Evaluating a System, DDD Policy 6.13, and the County Guidelines located at: hftp://wwwl.dshs.wa.gov/ddd/counties.shtml E. Bill the county of residence only for documented services provided. F. Bill the county of residence as a payer of last resort. If a client receives funding for the same service from another source (i.e. DVR, PASS, IRWE) the amount collected by the qualified provider from the other funding source will be deducted from the amount billed to county of residence up to the allowable rate. 3. TERM OF AGREEMENT: The term of this Agreement shall be from August 1, 2012 through June 30, 2013. 4. MANNER OF FINANCING: As consideration for the services provided, Skagit County agrees to pay Whatcom a sum not to exceed $26,000.00 from available funds. Any invoice for payments shall be submitted prior to July 21, 2013. The invoice shall be submitted to: Skagit County Community Services 309 S. 3`d Street Mt. Vernon, WA 98273 Skagit County has established the following GL expenditure code for this interlocal agreement: 116-55202504110, which shall be included on all billings or correspondence in connection therewith. As consideration for the services provided, the Whatcom County agrees to pay Skagit County a sum not to exceed $26,000.00 from available funds. Any invoice for payments shall be submitted prior to July 21, 2013. The invoice shall be submitted to: Attn: Business Office Whatcom County Health Dept. 509 Girard St. Bellingham, WA 98225 Whatcom County has established the following GL expenditure code for this interlocal agreement: 673800.6610, which shall be included on all billings or correspondence in connection therewith. HL_070112_Skagit_County-Whatcom_County Agreement_DD_Services 2 5. ADMINISTRATION: The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed, the party making the change shall notify the other party. 5.1 Skagit County's representative shall be the designated County Coordinator for Developmental Disabilities Programs: Kristen Ekstran 309 South "third St. Mount Vernon, WA 98273 360-419-3373 5.2 Whatcom County's representative shall be the designated County Developmental Disabilities Program Specialist: Jessica Lee, Developmental Disabilities Program Specialist Whatcom County Health Department 509 Girard Street Bellingham, WA 98225 (360) 676-6724, ext. #32014 illee �comhatcornma.us 6. TREATMENT OF ASSETS AND PROPERTY: No fixed assets or personal or real property will be jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 7. INDEMNIFICATION: Each party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or those of their officials, officers, agents, or employees to the fullest extent required by law, and further agrees to save, indemnify, defend, and hold the other party harmless from any such liability. It is further provided that no liability shall attach to the County by reason of entering into this contract except as expressly provided herein. 8. TERMINATION: Any party hereto may terminate this Agreement upon thirty (30) days notice in writing either personally delivered or mailed postage -prepaid by certified mail, return receipt requested, to the parry's last known address for the purposes of giving notice under this paragraph. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 9. CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS: The Agreement may be changed, modified, amended or waived only by written agreement executed by the parties hereto. Waiver or breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. 10. SEVERABILITY: In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other HL_070112_Skagit_County-Whatcom_County Agreement_DD_Services 3 87 terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. 11. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. HL_070112_Skagit_County-Whatcom_County Agreement_DD_Services 4 88 GOVERNMENT AGENCY: Whatcom County Anne Deacon, HS Manager Reg)iqdbelahunt, Director, Health Department STATE OF WASHINGTON COUNTY OF WHATCOM ob le Z Date of.t8 la Date WHATCOM COUNTY JACK LOUWS County Executive On this day of , 20 , before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at Bellingham. My Commission expires: APPROVED AS TO FORM Deputy Prosecutin ttorney Date Mailing Address: Whatcom County Health Department 509 Girard St. Bellingham, WA 98225 HL_070112_Skagit_County-Whatcom_County_Agreement_DD_Services 5 89 DATED this day of , 2012. Attest: Clerk of the Board Recommended: Department Head Approved as to form: Civil Deputy Prosecuting Attorney Approved as to indemnification: Risk Manager Approved as to budget: Budget & Finance Director BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY, WASHINGTON Kenneth A. Dahlstedt, Chairman Sharon D. Dillon, Commissioner Ron Wesen, Commissioner For contracts under $5,000: Authorization per Resolution R20030146 County Administrator HL_070112_Skagit_County-Whatcom_County_Agreement_DD_Services 6 90 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-234 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: EPA 611212012 ED` V E JUL 0 2 2012 711012012 Finance /Council Division Head: MGM 6/12/2012 Dept. Head: Prosecutor: L- -- WHATCOM COUNTY COUNCIL Purchasing/Budge[: Executive: 100 V")<1 -7 TITLE OFDOKNT: Hovander Park/Tennant Lake Agricultural License 2012 ATTACHMENTS: Agricultural License Agreement SEPA review required? ( ) Yes ( x) NO Should Clerk schedule a hearing? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Request Council authorize County Executive to enter into an Agricultural License Agreement at Hovander Homestead Park/Tennant Lake with Jim Snydar. License would permit Mr. Snydar to access and harvest the hay crop on approximately 105 acres of park and agricultural land at Hovander Homestead Park/Tennant Lake. The license term is from April 1, 2012 to October 31, 2012. According to terms of the license, Mr. Snydar shall pay Whatcom County Parks & Recreation $3,255.00 including the leasehold tax. 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. 91 WHATCOM COUNTY PARKS & RECREATION 3373 Mt. Baker Highway Bellingham WA 98226 TO: Jack Louws Whatcom County Executive FROM: Michael McFarlane Director DATE: June 12, 2012 Michael G. McFarlane Director Erik Axelson Parks Operations Manager RECEIVED AI N 14 2012 JACK LOUWS COUNTY EXECU'rIVE SUBJECT: Hovander Park Agricultural License with Jim Snydar Enclosed for your review and signature are two (2) originals of the Agricultural License Agreement between Whatcom County and Jim Snydar. Requested Action Whatcom County Parks & Recreation respectfully requests the County Executive to enter into an Agricultural License Agreement with Jim Snydar for approximately a seven -month period. Background and Purpose The License permits Jim Snydar to access and harvest the hay crop on approximately 105 acres of park and agricultural land located at Hovander Homestead Park/Tennant Lake. The license term is from April 1, 2012 through October 31, 2012. Mr. Snydar has held the License Agreement for this property in the past. Funding Amount and Source According to terms of the License, Mr. Snydar shall pay Whatcom County Parks & Recreation $3,255.00 including the leasehold tax. Please contact Parks Operations Manager Erik Axelson at Extension 32073 if you have any questions or concerns regarding the terms of this agreement. Encl. Phone: 360-733-2900 www.whatcom.wa.us/ parks Fax: 360-676-1180 92 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. a0/a04, 0/0 Originating Department: County Parks Contract Administrator: Erik Axelson Contractor's / Agency Name: Jim Snydar 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 # 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? Contract Yes x No If yes, RFP and Bid number(s) 11-37 Cost Center: 6317 Is this contract excluded from E-Verify? No Yes x If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: _xL Contract less than $100,000. Professional services agreement for certified/licensed professional Work is for less than 120 days Contract for Commercial off the shelf items (COTS) Interlocal Agreement (between Govt.) _ Public Works Dept. - Local Agency/Federally Funded FHWA Contract Amount:(sum of orig contract amt and any prior If a Professional Services Agreement is more than $15,000 or a Bid is amendments) more than $35,000, please submit an Agenda Bill for Council approval $_3 255.00 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 Total Amended Amount: less than these thresholds, just submit to Executive with supporting $ memo for approval. Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] Agricultural License Agreement grants Licensee (Jim Snydar) permission to access and harvest the hay crop on approximately 105 acres of park and agricultural land located at Hovander Homestead Park/Tennant Lake. Term of Contract: April 1, 2012 — October 31, 2012 1 Expiration Date: October 31, 2012 Contract Routing Steps & Signoff: [sign or initial] [indicate date transmitted] 1. Prepared by Erik Axelson Date_6/12/2012 [electronic] 2. Attorney reviewed r w Date 6` 3 Z [electronic] 3. AS Finance reviewed Date (113 I Z [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made Date [electronic] hard copy printed 6. Attorney signoff Date 7. Contractor signed ✓ Date 8. Submitted to Exec Office ✓ Date [summary via electronic; hardcopies] 9. Council approved (if necessary) Date 10. Executive signed Date 11. Contractor Original Returned to dept. Date 12. County Original to Council Date Last Revised 1/19/12 93 WHATC I`0' 1 ,y1 COUNTY ORIGINAL CON T RA.'C T NO. AGRICULTURAL LICENSE AGREEMENT BETWEEN JIM SNYDAR and WHATCOM COUNTY PARKS & RECREATION DEPARTMENT WHATCOM COUNTY (PARKS & RECREATION DEPARTMENT), a municipal corporation, LICENSOR, hereby grants unto JIM SNYDAR, 6512 Vista Drive, Ferndale, WA 98248 LICENSEE, permission to access and harvest the hay crop on approximately 105 acres of park and agricultural land located at Hovander Homestead Park/Tennant Lake located thereon and more particularly described as follows: Approximately 105 acres of land in Sections 29 and 32, Township 39 North; Range 2 East. This license shall be for a term commencing April 1, 2012 and terminating October 31, 2012. It may be amended or terminated at any time by mutual written agreement of both parties, and may be terminated by either party upon 30 days written notice to the other party. In the event Licensee becomes in default of any of the covenants or conditions hereof, the Licensor, at its option, shall also have the right to terminate this license and any options to renew. As per the Licensee's response to the Request for Proposal II-37, Licensee shall be granted.a first right of refusal on licenses for the 2013 and 2014. Licensee will be permitted to plant approximately 25 acres of corn annually in an area mutually agreed to by the Parks Operations Manager. It is further agreed as follows: 1. LAND PRACTICES Licensee shall conform to accepted practices for good land/crop management in the use of said land and comply with all county and state critical areas ordinances. Licensee shall repair or restore at his own expense, areas (including but not limited to fields and roads) that are damaged by Licensee, his employees and agents. Land License Agreement — Pa2e 1 of 4 2. INDEMNIFICATION AND HOLD HARMLESS Licensee shall protect, defend, save harmless and indemnify Whatcom County and the Parks & Recreation Department from and against all claims, suits, and actions arising from negligent acts or omissions of the Licensee or authorized subcontractors, and the agents or employees of either in the performance of this agreement. 3. INSURANCE Licensee shall maintain in effect throughout the term of this agreement general liability insurance covering the activities that occur on the premises by the Licensee, or any agents of the Licensee, in the amount of $150,000 for injury or death of any one person and $300,000 for injury to or death of any number of persons in one occurrence, and property damage liability insurance in the amount of $50,000. Licensee shall provide proof of such insurance to Whatcom County prior to any activity. 4. CROP CONDITION Licensor does not warrant the quality or condition of the grass crop. Crop is taken upon an "as is" basis. Land cannot be plowed and planted to another crop except that the Licensee will be permitted to plant and harvest up to 25 acres of corn annually in an area mutually agreed to by the Parks Operations Manager. Further, Licensee shall hold Whatcom County free and harmless from all crop damages caused by flood, drought, fire public use or any other cause. 5. PAYMENT As consideration for this license, Licensee shall pay to Whatcom County Parks & Recreation Department on or before June 30, 2012: THREE THOUSAND TWO HUNDRED FIFTY FIVE DOLLARS AND NO CENTS ($3,255), which includes state sales tax. Licensee may elect to make two payments with the first payment of ONE THOUSAND SIX HUNDRED TWENTY SEVEN DOLLARS AND FIFTY CENTS ($1,627.50) due upon execution of this agreement and the remaining balance of the same due by August 1, 2012 6. PROHIBITION AGAINST ASSIGNMENT Licensee agrees not to let the whole or any part of said premises, nor assign this Agreement, or any interest therein without written consent of Licensor. 7. NOTIFICATION OF OTHER CONDITIONS AND USES OF THE PROPERTY Licensee is hereby notified of the following conditions and concurrent uses of the property: a. The public has access to the farmland for recreational purposes and will be allowed to walk on the fields. Licensee must get approval from Licensor to temporarily limit public access to the fields during certain farming practices. b. Licensee must have a Field Nutrient Management Plan on file with the Licensor and Whatcom Conservation District for use of commercial fertilizer or manure on the property. If manure is used, an Import -Export Agreement will also be required. Land License Agreement — Page 2 of 4 95 c. Operation of motorized vehicles on the property off road by the Licensee, its agents, subcontractors and employees is restricted to activities related to the growing and harvesting of the crop. d. Application of any herbicide or pesticide on the property will require permission from the. Licensor and be subject to all requirements of RCW 17.21. e. Should the Licensor require use of a portion of harvestable crop field for park development that would preclude the Licensee from harvesting the grassed area during the terms of this agreement, the Licensee's payment will be adjusted based upon the rate of $31.00 per acre and prorated for sales tax and cuttings taken. £ Licensee will notify and coordinate the timing of all cuttings and farming practices with the Park's Lead Ranger so as not to interfere with the schedule of events at the park. Licensee understands that the grassed fields will be used at times for staging of special events, parking or use as an off leash area for dogs and that the licensor and park users are not responsible to any damage to the crop. SIGNED AND AGREED this _L)-day of 1rLb11L 2012. LICENSEE JIM ,),NYDAJ �., J . Snydar STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) On this I --)— day of -J ,-, c-,, , 2012, personally appeared before me :T.' r,n —SLJ"( A¢f to be known to be the individual(s) described in and who executed the within d foregoing instrument, and acknowledged that she/he/they signed the same as her/his/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given `ucde*my d and seal this f day of e , 2012. 2' p TA p N Y PUBLIC in and for the State U of Washington, residing at "s NJ► AV 8 0r-) % 2 = My Commission expires: z{ l Land License Agreement — Pap-e 3 of 4 Executed as of the date first written above. WHATCOM COUNTY Jack Louws, County Executive STATE OF WASHINGTON) ) ss. COUNTY OF WHATCOM) On this day of , 2012, before me personally appeared JACK LOUWS, to me known to be the County Executive of WHATCOM COUNTY and who executed the above instrument and who acknowledged to me the act of signing and sealing. thereof. Given under my hand and official seal this day of 2012. NOTARY PUBLIC in and for the State of Washington, residing at Bellingham My Commission expires: WHATCOY COUNTY ARKS & RECREATION DEPARTAENT APPROVED AS TO FORM: "'� 119 � � \-�-z#z- Deputy ProsZ&TAg Attorney Land License Agreement — Paize 4 of 4 97 WHATCOM COUNTY COUNCIL AGENDA BILL No. AB2012-235 CLEARANCES Initial Date Date Received in Council Agenda Date Assigned to: Office 'nator: p� G Z//Z Finance Committee Ori JPK 7D n n n (f,] V Jul 10, 2012 Division Head:JPR �pK Z rA/J 0 l% 1% J U L 0 2 2012 %�10�12 Council Dept. Head: FMA�� 0b/2-7 /1 -1' Prosecutor: DLG— WHATCOM COUNTY Purchasin /Bud et: BB COUNCIL Executive: I� 1 TITLE OF DOCUMENT.• Local Agency Standard Consultant Agreement for Gooseberry Point Pedestrian Improvements -Alternatives Analysis ATTACHMENTS: 1. Cover Memo 2. Contract Information Sheet 3. Local Agency Standard Consultant Agreement 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.) In the "Lummi Island Ferry Dock Lease Agreements" at Gooseberry Point, between Whatcom County and the Lummi Nation, the County committed to performing preliminary engineering to develop proposed projects for long term road and traffic safety improvements (Exhibit Q. This standard consultant agreement with Gray and Osborne, Inc. will generate an alternatives analysis and technical memorandum for different road/pedestrian options along Lummi View Drive/Haxton Way between McKenzie Rd and Balch Rd., and thereby address provisions of the lease agreement. Said road/pedestrian options would then be proposed as projects on the County's 6-Year Transportation Improvement Plan. COMMITTEE ACTION. COUNCIL ACTION. Related County Contract Ar 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. 911 AATCOM COUNTY JOSEPH P. RUTAN, P.E. JBLIC WORKS DEPARTMENT °"�°a County Engineer/Assistant Director 322 N. Commercial St., Ste 301 FRANK M. ABART Bellingham, WA 982254042 Director ; o� Phone: (360) 715-7450 $RING Fax: (360) 715-7451 1VEMORANDUM RECEIVED To: The Honorable Jack Louws, County Executive Honorable Members of the Whatcom County Council J U N 2 8 2012 Through: Frank M. Abart, Direct 4'-/�%4--7, JACK LOUWS From: Joseph P. Rutan, P.E., County Engineer/Assistant Directorg,%.e yr BOUNTY EXECUTIVE James P. Karcher, P.E., Engineering Manager (�Pk Date: June 26, 2012 Subject: Gooseberry Point Pedestrian Improvements -Alternatives Analysis Local Agency Standard Consultant Agreement Enclosed are two (2) originals of the Local Agency Standard Consultant Agreement between Whatcom County and Gray & Osborne, Inc. Requested Action Public Works respectfully requests that the County Executive be authorized to sign the attached contracts with the selected engineering consultant, Gray & Osborne, Inc., for the Gooseberry Point Pedestrian Improvements -Alternatives Analysis. Background and Purpose In the "Lummi Island Ferry Dock Lease Agreements" at Gooseberry Point, between Whatcom County and the Lummi Nation, the County committed to performing preliminary engineering to develop proposed projects for long term road and traffic safety improvements (Exhibit C). This standard consultant agreement with Gray and Osborne, Inc. will generate an alternatives analysis and technical memorandum for different road/pedestrian options along Lummi View Drive/Haxton Way between McKenzie Rd and Balch Rd., and thereby address provisions of the lease agreement. Said road/pedestrian options would then be proposed as projects on the County's 6-Year Transportation Improvement Plan. Twenty-three (23) consultants were invited to submit a project. proposal for this work based on their qualifications in the Engineering & Architectural Services Request for Qualifications (RFQ #12-01). Four (4) project proposals were received, and Gray & Osborne, Inc. was selected by an Interview Panel comprised of County and Lummi Nation representatives as the most qualified for the scope of work. Funding Amount and Source The not -to -exceed amount for this contract is $44,698.00. This project is Item No. 6 on the approved 2012 Annual Construction Program, "Gooseberry Point Pedestrian Improvements; CRP No. 912017". Please contact Jim Karcher at extension 50633 if you have any questions or concerns regarding the terms of this agreement. WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. .20ia060ao Originating Department: Public Works - Engineering Division Contract Administrator: James P. Karcher, P.E., Engineering Manager Contractor's / Agency Name: Gray & Osborne, 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 # 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? Contract Yes X No If yes, RFP and Bid number(s) RFQ #12-01 Cost Center: CRP 912017 Is this contract excluded from E-Verify? No Yes X If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: X Contract less than $100,000. X Professional services agreement for certified/licensed professional Work is for less than 120 days Contract for Commercial off the shelf items (COTS) Interlocal Agreement (between Govt.) _ Public Works Dept. - Local Agency/Federally Funded FHWA Contract Amount:(sum of orig contract amt and any prior If a Professional Services Agreement is more than $15,000 or a Bid is amendments) more than $35,000, please submit an Agenda Bill for Council approval $ 44,698.00 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 Total Amended Amount: less than these thresholds, just submit to Executive with supporting $ memo for approval. Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] In the "Lummi Island Ferry Dock Lease Agreements" at Gooseberry Point, between Whatcom County and the Lummi Nation, the County committed to performing preliminary engineering to develop proposed projects for long term road and traffic safety improvements (Exhibit Q. This standard consultant agreement with Gray and Osborne, Inc. will generate an alternatives analysis and technical memorandum for different road/pedestrian options along Lummi View Drive/Haxton Way between McKenzie Rd and Balch Rd., and thereby address provisions of the lease agreement. Said road/pedestrian options would then be proposed as projects on the County's 6-Year Transportation Improvement Plan. Term of Contract: Expiration Date: November 15, 2012 Contract Routing Steps & Signoff. [sign or initial] [indicate date transmitted] 1. Prepared by JPK Date 6/26/12 [electronic] 2. Attorney reviewed ani d L. 61kqLqA Date b %7 12 [electronic] 3. AS Finance reviewed e AV Date_ 6/ze/i -z [electronic] 4. IT reviewed if IT relate Date [electronic] 5. Corrections made Date [electronic] 6. Attorney signoff Date v 7. Contractor signed ,s Date ? 8. Submitted to Exec Office / Date G- Z9 / 2. 9. Reviewed by PGA Date 10. Council approved (if necessary) Date 11. Executive signed Date 12. Contractor Original Returned to dept. Date 13. County Original to Council Date hard copy printed [summary via electronic; hardcopies] 100 COuNW ORIGINAL ORIGINAL Local Agency Consuftant/Address/Telephone Gray & Osborne, Inc. Standard Consultant 701 Dexter Avenue North, Suite 200 Agreement g Seattle, Washington 981 �-- � (206) 284-0860 -iATCO COU CONTRACT N ® Architectural/Engineering Agreement ❑ Personal Services Agreement a p/ a o 6 0 J.0 Agreement Number CRP No. 912017 Project Title And Work Description Gooseberry Point Pedestrian Improvements Federal Aid Number Alternatives Analysis and Technical Memorandum Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ® Cost Plus Fixed Fee Overhead Progress Payment Rate % Overhead Cost Method DBE Participation ❑ Actual Cost ❑ Yes ® No 0 % Federal ID Number or Social Security Number El Actual Cost Not To Exceed % 91-089-0718 ® Fixed Overhead Rate 171 % Do you require a 1099 for IRS? Completion Date Fixed Fee $ 4,497.00 ❑ Yes ® No November 15, 2012 Total Amount Authorized $ 40,635.00 ❑ Specific Rates Of Pay ❑ Negotiated Hourly Rate ❑ Provisional Hourly Rate Management Reserve Fund $ 4,063.00 ❑ Cost Per Unit of Work Maximum Amount Payable $ 44,698.00 Index of Exhibits (Check all that apply): ® Exhibit A-1 Scope of Work ❑ Exhibit G-2 Fee -Sub Specific Rates ❑ Exhibit A-2 Task Order Agreement ❑ Exhibit G-3 Sub Overhead Cost I —I Exhibit B-1 DBE. Utilization Certification ® Exhibit H Title VI Assurances ® Exhibit C Electronic Exchange of Data ® Exhibit I Payment Upon Termination of Agreement ❑ Exhibit D-1 Payment - Lump Sum ® Exhibit J Alleged Consultant Design Error Procedures ® Exhibit D-2 Payment - Cost Plus Exhibit K Consultant Claim Procedures ❑ Exhibit D-3 Payment - Hourly Rate ❑ Exhibit L Liability Insurance Increase ❑ Exhibit D-4 Payment - Provisional ® Exhibit M-la Consultant Certification ® Exhibit E-1 Fee - Lump/Fixed/Unit ® Exhibit M-lb Agency Official Certification ® Exhibit E-2 Fee - Specific Rates ® Exhibit M-2 Certification - Primary ® Exhibit F Overhead Cost ® Exhibit M-3 Lobbying Certification ® Exhibit G Subcontracted Work ® Exhibit M-4 Pricing Data Certification ® Exhibit G-1 Subconsultant Fee ❑ App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this day of 2012 , between the Local Agency of Whatcom County , Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT". DOT Forth 140-089 EF Revised 3/2008 Page 1 of 8 101 WTTNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 102 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub -Contracting The AGENCY permits sub -contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub -consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub -consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub -consultant shall be substantiated in the same manner as outlined in Section V. All sub -contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGE o permission for sub -contracting shall create, between me AGENC i and sub- contractor, any contract or any other relationship. A DBE certified sub -consultant is required to perform a minimum amount of their sub -contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 103 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 104 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning claims will be conducted under the procedures found in Exhibit "K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 105 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceedonemillion dollars ($1 000,000) C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 106 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment", hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and Exhibit "M-4" is required only in AGREEMENTS over $500,000. "III Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT, may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 107 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. Please see attached signature sheet By Consultant Tim Osborne, P.E., Gray & Osborne, Inc. Agency Whatcom COUnty DOT Form 140-089 EF Revised 3/2008 Page 8 of 8 Wi WHATCOM COUNTY: Recommended for Approval: Department Director Date Approved as to form: an4e� p-10n/ J b�27 L12 Assistant Chief Civil Deputy Prosecutor Date Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 _, before me personally appeared Jack Louws, 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: Gray & Osborne, Inc. Tim Osbome, P.E. , Vice President Address: 701 Dexter Avenue North, Suite 200 Seattle, WA 98109 Mailing Address: Same as address above Contact Name: Tim Osbome, P.E. Contact Phone: (206) 284-0860 Contact FAX: (206) 283-3206 109 EXHIBIT A-1 SCOPE OF WORK WHATCOM COUNTY GOOSEBERRY POINT PEDESTRIAN PROJECT ALTERNATIVE ANALYSIS AND TECHNICAL MEMORANDUM PROJECT OBJECTIVE Whatcom County Public Works and the Lummi Indian Business Council Planning and Public Works (Agencies) desire professional engineering services to perform an alternatives analysis associated with the installation of pedestrian facilities in the vicinity of the Gooseberry Point Ferry Terminal. Specifically the project limits are from the intersection of Balch Rd and Haxton Way, along Haxton southwest to the ferry terminal, then southeast from the terminal along Lummi View Drive to the intersection of Mackenzie Rd for a total distance of 1.76 miles. The deliverable for this project will be a technical memorandum that the Agencies can use to evaluate various proposed pedestrian facilities. SCOPE OF WORK Gray & Osborne, Inc. will perform the following scope of work: 1. Analyze traffic patterns and projected growth in the area, including parking, school walk routes, bus routes, ferry operations / queuing and future potential development. 2. Analyze the existing roadway, drainage facilities, ferry operations, County R/W, utility placements and adjacent properties to ascertain that any pedestrian options proposed meet design standards and are technically feasible given the site and property constraints. 3. Identify and evaluate up to five alternative pedestrian improvement options - each option being examined through its design, permitting, R/W and construction phases. These alternative pedestrian improvement options include a separated boardwalk; traffic curb with pervious HMA walkway (similar to existing section in front of school); standard curb and gutter with impervious sidewalk, standard curb and gutter with pervious sidewalk, a separate pedestrian trail,and/or a combination thereto. 4. For each alternative pedestrian option proposed, perform a planning level analysis to define & determine various evaluation items as follows: construction feasibility; service life; projected maintenance needs over a 5-year period; total estimated installation costs (PE, R/W, CI); cultural concerns; drainage concerns; regulatory permitting requirements; utility Pagel of 5 110 impacts and relocations, as may be applicable, and other pertinent items related thereto. Rate each of the alternative pedestrian options, based on an agreed to rating system, for the defined evaluation items in Item 4) above. 6. For each alternative pedestrian option proposed, be compliant with the following: a. Lummi Indian Business Council Planning and Public Works' cultural concerns and regulations; b. Current WSDOT Standard Specifications for Road, Bridge and, Municipal Construction; C. Current WSDOT Highway Runoff Manual; d. Current Lummi Indian Business Council Planning and Public Works' standards relating to future growth/development; e. Current Whatcom County Road Standards; f. Recent Whatcom County Ferry Queuing Study; 7. Summarize the various pedestrian options requested in the six (6) bullets above into a technical memorandum to the Agencies for decision -making. The technical memorandum will include a matrix of options with ratings, typical sections and/or plans and diagrams of the options, cost estimates and all backup documentation supporting the alternatives analysis. 8. Present project results to representatives of Whatcom County Public Works, the Lummi Indian Business Council Planning and Public Works, the Lummi Island Ferry Advisory Committee, and/or the Whatcom County Council. 9. Present project results in a public meeting to members of the neighborhood and other interested groups, tentatively scheduled for mid - August 2012. 10. Develop a base map of the existing area topographic data and R/W in AutoCAD 2012 format from Whatcom County -supplied survey ASCI data and field code library. 11. Perform associated project management, billing, and periodic status reports throughout project. Page 2 of 5 111 12. Provide oversight and management of our authorized subconsultants work. Our subconsultant's scope of work includes: A. Geotechnical (PanGEO, Inc.) • Site Reconnaissance — PanGEO, Inc. will perform a site reconnaissance to gain an understanding of the site conditions, and to evaluate site features that may impact the design and construction of the proposed walkway. • Document Review — PanGEO, Inc. will collect and review published literature to gain an understanding of the site soil conditions along the project alignment. The literature may include geology maps, soil conservation maps, well logs, and previous geotechnical reports. • Project Meeting — PanGEO, Inc. will attend a meeting with project stakeholders to discuss our findings and to coordinate the design efforts. • Report — PanGEO, Inc. will prepare a report outlining the results of our study. In general, the report will include a description of the anticipated site soil conditions and potential variations of site soil conditions based on literature review, feasibility for infiltration based on anticipated soil conditions, a description of site features that may impact the design and construction of the proposed walkway, and conceptual level geotechnical recommendations, as appropriate. Post Report Consultations — PanGEO, Inc. will provide additional consultations on an as needed basis. B. Cultural Survey Services (ERCI) _ ERCI will perform: A preliminary research overview of cultural resources for the proposed project area along Haxton Way in Whatcom County. • Carry out background research on project area. Analyze research and prepare a letter report with summary and recommendations for this project. Page 3 of 5 112 AGENCY PROVIDED ITEMS Whatcom County Public Works and the Lummi Indian Business Council Planning and Public Works will provide the following items to Gray & Osborne: • Traffic volumes and archive road and drainage data associated with the County facilities in the area. Ferry run schedule, ferry vehicle capacity, and draft ferry queuing report. Survey data of existing area topographic features and R/W to develop a base map provided in ASCI format only with field notes. QA/QC of the final base map product, if needed, will also be provided by County Survey Crew. SCHEDULE Council/Executive approval will be provided to facilitate a Contract Execution — by July 12, 2012. First Report Draft — by August 6, 2012. First Public Presentation — by mid -August 2012, depending on coordination with Lummi Nation and the public. Final Report — approximately the end of September 2012. DOCUMENTS TO BE FURNISHED BY THE CONSULTANT At the conclusion of this preliminary effort and during the course of the project as applicable, the Engineer will deliver to Whatcom County the following documents: One electronic copy of the preliminary and final Technical Memorandum. 2. Three paper copies of the preliminary and final Technical Memorandum. Electronic copy and hard copy of exhibits to be used in public involvement process (computer renderings). 4. Copies of cost estimates of various alternatives considered, with backup calculations as applicable. 5. Copies of all correspondence, to include compliance with utility purveyors. 6. Hydraulic calculations for surface water analysis. Page 4 of 5 113 7. Base maps of various alternatives (plan view) with special details as developed in AutoCADD format. 8. Copies of all reports, documents, and/or deliverables provided by our subconsultants: Equinox Research Consulting, Inc. (cultural survey) and PanGEO, Inc. (geotechnical). MANAGEMENT RESERVE FUND The purpose of the Management Reserve Fund is to provide limited additional services as may be desired by the Agency. This work may include additional meetings, exhibits, public involvement, conceptual renderings and/or evaluations, specialty services, or other work items related to this project. The Consultant shall not incur costs or utilize any portion of these funds without specific and further written authorization from the Agency. Page 5 of 5 114 Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the Agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: Surveying, Construction Files, and Record Drawings Preparation A. Not applicable to this Contract. II. Any Other Electronic Files to be Provided A. All other information will be submitted in AutoCad 2012, Civil 3-D, Microsoft Word or other mutually agreed to format as applicable. 115 Exhibit D-2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section H, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non -salary costs, and fixed fee. 1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under - A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Form 140-089 EF Exhibit D-2 Revised 6/08 116 Failure to supply this information by either the prime CONSULTANT or any of their sub - consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205-46 "Travel Cost b. The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable wh the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional Fixed Fee, which could be authorized from the Management Reserve Fund. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person - enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed 117 the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work."6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non -Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The. payment of any billing .Xi ll not r-on Ctitute agreement as to the appropriateness of any item and _ at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. 118 EXHIBIT E-1 CONSULTANT FEE DETERMINATION - SUMMARY SHEET (COST PLUS FIXED FEE) Project: Whatcom County: Gooseberry Point Pedestrian Improvements - Alterantives Analysis and Technical Memorandum Direct Salary Cost (DSC): Discipline Required Estimated Hours Estimated Rate Estimated Amount Principal in Charge 12 $32 to $58 $672 Project Manager/Engineer 80 $32 to $55 $3,360 Transportation/Electrical/Structural Engineers 24 $36 to $50 $1,056 EIT/Design/Civil Engineers 108 $24 to $36 $3,294 Senior Environmental Specialist 20 $32 to $44 $760 Environmental Technician 4 $27 to $32 $120 Survey Tech./CADD Tech./Drafter 60 $15 to $33 $1,800 Professional Land Surveyor (PLS) 0 $33 to $42 $0 Survey Crew 0 $43 to $96 $0 Field Inspector/Resident Engineer 0 $28 to $45 $0 Total DSC: $ 11,062 Overhead (OH Cost - including Salary Additives) OH Rate x DSC of 171% x $11,062 (Rounded) $ 18,916 Total DSC and Overhead $ 29,978 Fixed Fee (FF) FF Rate @ 15% x $29,978 (Rounded) $ 4,497 Reim bursables 280 miles @ IRS allowable (currently $0.55/mile), Misc. Expenses ($259) $ 413 Subconsultant Cost (Rounded) See Exhibit G $ 5,747 Subtotal Estimated Cost: $ 40,635 Management Reserve Fund (MRF)*: $ 4,063 TOTAL ESTIMATED COST, INCL MRF: $ 44,698 *See page 5 of Exhibit A-1: Scope of Work Prepared by: Tim Osborne, P.E. Page 1 of 1 119 EXHIBIT E-2 Consultant Fee Determination — Summary Sheet (Specific Rates of Pay) Fee Schedule Discipline or Job Title Hourly Rate Overhead @ 171% Profit @ 15% Rate Per Hour Survey Technician/CARD Technician/Drafter $15-$31 $25.65-$53.01 $6.11-$12.62 $46,75-$96.63 E.I.T./Design/Civil Engineers $24-$36 $41.04-$61.56 $9.76-$14.65 $74.80-$112,21 Environmental Technician/Specialist $27-444 $46.17-$75.24 $10.99-$17.91 $84.16-$137,15 Transportation/EiechiGaVStructurai Engineers $36-$50 $61.56-$85.50 $14.65-$20.35 $112.21-$155.85 Project Manager/Engineer $32-$55 $54.72-$94.05 $13.02-$22.39 $99.74--$174.04 Principal -in -Charge $32-$58 $54.72-$99.18 $13.02-$23.61 $99.74-$180.79 Survey Crew $43496 $73.53-$164.16 $17.50-$39.07 $116.53-$299.23 Professional Land Surveyor $33-$42 $89.43-$113.82 $13.43-$17.09 $135.86-$172.91 Field Inspector/Resident Engineer $28-$46 $47.88-$78.66 $11.40-$18.72 $87.28-$143.38 Secretary/Typist" N/A N/A N/A N/A Secretarial and clerical fees are not billed, but are included in the overhead multiplier listed. The same is true for accounting, bookkeeping, in-house printing up to $150, word processing, computer use, computer -aided drafting, and telephone and fax costs. Page 1 of 1 120 EXHIBIT F Breakdown of Overhead Cost Federal, State, and Local Taxes....................................................................... 23.87% Insurance and Medical.....................................................................................19.27% Professional Development and Education.........................................................6.32% Vacations and Holidays...................................................................................13.95% Administration (Typing, CARD, GIS, Computer)**......................................46.92% Rent, Utilities, and Depreciation.....................................................................14.74% OfficeExpenses...............................................................................................11.40% Recruiting..........................................................................................................1.18% Professional Services.........................................................................................1.23% Incentive & Retirement.................................................................................... 31.57% Facilities Cost of Capital................................................................................... 0.55% TOTAL: ................................................................................................ 171% PROFESSIONAL ENGINEERING SERVICES CONTRACT ENGINEER'S REPRESENTATIVE PAYROLL RATES THROUGH JUNE 15, 2013* Employee Classification Survey Tech./CADD Tech./Drafter $15.00 Design/Civil Engineers/Engineering Intern 24.00 Transportation/Electrical/Structural Engineers 36.00 Environmental Tech./Specialist 27.00 Project Manager/Engineers 32.00 Principal In Charge 32.00 Field Inspectors/Resident Engineers 28.00 Field Survey Crew (2 Person) 43.00 Field Survey Crew (3 Person) 70.00 Professional Land Surveyor 33.00 Secretary/Word Processor * Updated annually, together with the overhead. Payroll Rates to $33.00 to 36.00 to 50.00 to 44.00 to 55.00 to 58.00 to 46.00 to 75.00 to 96.00 to 42.00 N/A** All actual out-of-pocket expenses incurred directly on the project are added to the billing. The billing is based on direct ont -- poc---t expenses; meals, lodging, laboratory testing ..g and transportation. The tran5po tion rate is $0.55 per mile or the current maximum IRS rate without receipt IRS Section 162(a). ** Administration expenses include secretarial and clerical work; GIS, CADD, and computer equipment; owned survey equipment and tools (stakes, hubs, lath, etc. — Note: mileage billed separately at rate noted); miscellaneous administration tasks; facsimiles; telephone; and printing costs, which are less than $150. 121 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: DOT Form 140-069 EF Exhibit G Revised 6/06 122 Exhibit G-1 (PanGEO, Inc.) Subconsultant Fee Determination — Summary Sheet PanGEO, Inc. proposes to complete all geotechnical work (see Exhibit A-1) for a lump sum cost of $3,868.00. 123 Exhibit G1 (Equinox Resource Consulting, Inc.) Subconsultant Fee Determination — Summary Sheet Equinox Resource Consulting, Inc. proposes to complete all cultural services work (see Exhibit A-1) for a lump sum cost of $1,879.00. 124 Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide, all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140-089 EF Exhibit H Revised 6105 125 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub -consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. 126 Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140-089 EF Exhibit I Revised 6105 127 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 — Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 — Attempt to Resolve Alleged Design Error.with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: DOT Forth 140-089 EF Exhibit J Revised 6/05 It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region 128 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. 129 Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant,and the agency to consider a potential claim by the consultant. Step 1 — Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation — —after the consuttant has completed step the next step in the process fbi-ward the reques o-tfiie Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 140-089 EF Exhibit K Revised 6/05 130 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate.to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. 131 Exhibit M-1(a) Certification Of Consultant Proj ect No. CRP No. 912017 Local Agency Whatcom County I hereby certify that I am Tim Osborne, P.E. and duly authorized representative of the firm of Gray & Osborne, Inc. whose address is 701 Dexter Avenue North, Suite 200, Seattle, Washington 98109 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature DOT Form 140-089 EF Exhibit M-1(a) Revised 6105 132 Exhibit M-I(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of Whatcom County , Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date DOT Form 140-089 EF Exhibit M-1(b) Revised 6/05 Signature 133 Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1) (B). of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): Gray & Osborne, Inc. (Date) DOT Form 140-089 EF Exhibit M-2 Revised 6105 (Signature) President or Authorized Official of Consultant 134 Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract,, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): Gray & Osborne, Inc. (Date) DOT Form 140-089 EF Exhibit M-3 Revised 6/05 (Signature) President or Authorized Official of Consultant 135 Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of Gooseberry Point Pedestrian Project are accurate, complete, and current as of June 18, 2012 **. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm Gray & Osborne, Inc. Name Tim Osborne, P.E., Gray & Osborne, Inc, Title PrincipalNice President Date of Execution* * * G * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140-089 EF Exhibit M-4 Revised 6/05 136 ACOO o• CERTIFICATE OF LIABILITY INSURANCE6/2512012 (MMIDDNYYY) 70E THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: (360) 5983700 Fax: (360) 598-3703 MICHAEL J. HALL $c COMPANY HALL >li COMPANY 19660 10TH AVENUE N.E. CONTACT MICHAEL J. HALL 8c COMPANY "'NE Ax A/c No E,,, (360) 598-3700 A<c. (360) 598-3703 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # POULSBO WA 98370 INSURER : Travelers Casualty and Surety Co of America 31194 INSURED GRAY 8:OSBORNEINC INSURER B - Hartford Casualty Insurance Co. 29424 INSURER 701 DEXTER AVENUE N #200 SEATTLE WA 98109 INSURERD: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 162383 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR' LTR TYPE OF INSURANCE ADD'L INSR SUBR WVD POLICY EfF POLICY NUMBER MmD POLICY EXP MMIDD I LIMITS B GENERAL LIABILITY 52SBADU7303 ; 09/10/11 09/10/12 i EACH OCCURRENCE $ 1,000,000 ! X COMMERCIAL GENERAL LIABILITY 1 CLAIMS -MADE OCCUR I ! I + i I DAMAGETO RENTED I PREMISES (Fa occulence) I 300,000 $ MED. EXP (Any one person) $ 10,000 X OCR XCU, BFPD I4f I I PERSONAL & ADV INJURY I S 1,000,000 I i I� Separation of Insureds GENERAL AGGREGATE is 2,000,000 ! I I GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 PRO - POLICY l X ECT I I LOC I $ B AUTOMOBILE LIABILITY X ANY AUTO AqBODILY ALLOWNED ^ SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS I 1 1111 I 52UECJS3276 09/10/11 I 09/10/12 I i I . COMBINED SINGLE LIMIT 1 (Ea accident) $ 1,000,000 INJURY (Per person) I S BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per —cadent) I S I$ ( B I UMBRELLA LIAB X OCCUR �! j 52SBADU7303 I 09/10/11 I 09/10/12 I EACH OCCURRENCE $ 1,000,000 FxcEss LIAB CLAIMS -MADE DED I X RETENTIONS 10,000 jAGGREGATE � 1,000,000 S B ' i I i, WORKERS COMPENSATION AND EMPLOYERS LIABaTfY YIN ANY PROPRIETORIPARTNERIEX(ECUIIVE OFFICERFEEMBER D(CLUDED? (Mandatory in NH) underOFF D ye DESCRIPTION DESCRIPTION OF OPERATIONS below I N!p I I I 52SBAOU7303 09/10/11 IJ I 09/10/12 ( TOTH WC STATu- IXI ER ORY OMITS $ WA Stop Gap EL. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 A Professional Liability: Claims Made Form 105339819 09/10/11 09/10/12 $1,000,000 Per Claim i $1,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule -if more space is required) Project: Gooseberry Point Pedestrian Improvements -Alternatives Analysis Whatcom County, Washington State, their agents, officers and employees are Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. This insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance. A waiver of subrogation applies to the Commercial General Liability, Auto Liability, Umbrella / Excess Liability and Workers Compensation / Employers Liability in favor of the Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Whatcom County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 322 N. Commerical St -Ste. 301 I ACCORDANCE WITH THE POLICY PROVISIONS. Bellingham, WA 982254052 I AUTHORIZED REPRESENTATIVE /� 7 Attention: Doug Burghart, Engineering Technician Ashley L. Hurd ORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. the AGUKU name and logo are registered marks of AGUKU 137 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b_ Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injurTr' or "property damage' purpose by you, any of your that occurred: or "employees", "volunteer workers", (2) "Personal and advertising injury" any partner or member (if you are a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager - Any person (other than your "employee" or "volunteer worker") or any organization white acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property, and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newily Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or fnrited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However. a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and Form SS 00 08 04 05 The Hartford 4. Operator Of Mobile Equipment With respect to "mobile equipment' registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this 1"rabf6ty. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee' of the person driving the equipment; or b. =Property damage' to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that Is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured withh respect to: a. "Bodily injury' to a co= employee' of the person operating the watercraft" or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. -}� &. Additional insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Page 11 of 24 138 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (ef Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit_ except such operations performed However, no such person or organization is an at the vendor's premises in connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. —Optional Additional insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf_ However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d) or (Q; or "products -completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This.insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their Liability for "bodily in the product made intentionally injury , property damage' or "personal and advertising injury" by the vendor, Caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, Page 12 of 24 Fon,n SS 00 03 04 05 139 (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for "bo&y injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by your arts or omissions or the acts or omissions of those acting on your behatf (a) In connection with your premises; or (b) In the performance of your ongoing operations performed by you or on your behalf. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies. - This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by orfor you, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit_ (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury' or "property damage" included within the "products - completed operations hazard". f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your acts or ornissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) 1- co. n:ecucn with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products - completed operations hazard", but only if (i) The written contract or "mitten agreement requires you to provide such coverage to such additional insured; and (H). This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: Page 13 of 24 140 BUSINESS LIABILITY COVERAGE FORM aaj The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders; designs or drawings and specifications: or (bj Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for. a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations_ b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury', including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations' owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. Page 14 of 24 This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of. a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Form SS 00 08 04 05 141 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest Grnit of liability of all coverages (2) authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3. above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement any right against any with the beginning of the policy period shown in the person person or organization that may be g Declarations, unless the policy period is extended liable the insured a of injury after issuance for an additional period of less than 12 is insurance or damage to which this months. in that case, the additional period will be may also apply. deemed part of the last preceding period for purposes of determining the Limits of Insurance. d- Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other 1. Bankruptcy than for first aid, without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a- Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to it- that we are notified as soon as practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice sh,uld include: permit that this insurance is primary and non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance, or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b_ apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence". offense, claim or "suit" is "occurrence" or offense_ known to: b. Notice Of Clair€te (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any executive officer" or insurance (2) t�otif}r us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5! Any trustee, if you or an additional claim or "suit" as soon as cpracticable. p insured is a trust; or c. Assistance And Cooperation Of The (ti) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 142 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3_ Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to 'mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured, or b_ To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to never on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation. Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us: and Page 16 of 24 (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner, (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not sutfect to Exclusion g. of Section A.— Coverages_ (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Form SS 00 08 04 05 143 (6) When You Are Added As An Additional insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance_ Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit", If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Form SS 00 09 04 05 BUSINESS LIABILITY COVERAGE FORM Wher► this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of., (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under alt that other insurance, We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after toss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Page 1T of 24 144 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following -- BUSINESS AUTO COVERAGE FORM A. Any person or organization whom you are required by contract to name as additional insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE_ B_ For any person or organization for whom you are required by contract to provide a waiver of subrogation; the Loss Condition - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable_ Form HA 9913 01 87 Printed in U.S-A. 145 COMMERCIAL AUTOMOBILE HA99160910 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an 'insured" under such a policy but for its termination or the exhaustion of its Limit oflnsurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership, joint venture or limited liability company (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.I. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C_ Lessors as Insureds Paragraph A.I. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is [Cased wits out a [;iriveu. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.I. - WHO IS AN INSURED - of Section It - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." © 2010, The Hartford (Includes copyrighted material Form HA 9916 09 10 of ISO Properties, Inc., with its permission.) Page 1 of 5 146 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of.: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured; such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECT -ION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non -Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D. - Additional Insured If Required by Contract, the following provisions apply.- (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance_ Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance 5_d_ 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following.- 0 2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 2 of 5 147 If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and "rf Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100:000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an 'accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION IIi - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loantlease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments: additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance: health, accident or disability insurance purchased with the loan or lease; and carry over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION M - PHYSICAL DA".1AGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of a-± airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION Ill - PHYSICAL DAMAGE COVERAGE are replaced by the following: a.Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above: or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 02010, The Hartford (Includes copyrighted material Form HA 9916 09 10 of ISO Properties, Inc., with iits permission.) Page 3 of 5 M• b.$1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced_ 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, If you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionallyfail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e_ For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in. a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person; including mental anguish or death resulting from any of these. 12. AMENDED DUTIES IN THE EVENT OF 17. EXTENDED CANCELLATION CONDITION ACCIDENT, CLAIM, SUIT OR LOSS Paragraph 2. of the COMMON POLICY The requirement in LOSS CONDITIONS 2.a. - CONDITIONS - CANCELLATION - applies DUTIES IN THE EVENT OF ACCIDENT, except as follows: 02010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 4 of 5 149 If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto, we will pay an additional 10%, to a maximum of $2,500,. of the "non -hybrid" autos actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of 'loss," c.Regardless of the number of autos damaged in any one "loss", the most we will pay under this Hybrid Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. © 2010, The Hartford (Includes copyrighted material Form HA 9916 09 10 of ISO Properties, Inc., with its permission.) Page 5 of 5 150 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-236 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: DWI-)6118112 rU _ 0 Q ED J U L 0 2 20112 7/10/12 Finance/Council Division Head. Dept. Head: Prosecutor: W H ATC O M COUNTY G/� y/► z Purchasing/Budget: COUNCIL. Executive: 7Ia ��� TITLE OF D T: State of Washington Department of Commerce Edward Byrne Memorial Justice Assistance Grant ATTACHMENTS: Interagency Agreement between Whatcom County and State of Washington Department of Commerce 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.) The Sheriff's Office was awarded a $207,200 grant from the State of Washington Department of Commerce. The grant provides $176,268 indirect federal funds from the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant (JAG) Program (CFDA No 16.738) and $30,932 state funds from Department of Commerce to interdict criminal gangs and drugs through multi jurisdictional efforts of law enforcement and prosecution. The funds support positions in the Sheriff's Office, Prosecutor's Office as well as operational costs for the Drug Task Force. 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. 151 WHATCOM COUNTY SHERIFFS OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY STEVE COOLEY CHIEF INSPECTOR WENDY JOKES CHIEF OF CORRECTIONS MEMORANDUM RECEIVED TO: Jack Louws, County Executive JUN 2 5 2012 FROM: Bill Elfo, Sheriff JACK LOUWS DATE: June 18, 2012 COUNTY EXECUTIVE RE: Department of Commerce Byrne Justice Assistance Grant Fiscal Year July 2012 — June 2013 Multi -Jurisdictional Drug -Gang Task Forces Enclosed for your review and signature are two (2) original contracts between Whatcom County and the State of Washington Department of Commerce. • Background and Purpose Interagency agreement for federal and state funding to help support positions in the Drug Task Force (W.C. Sheriff's Office and W.C. Prosecuting Attorney's Office), crime analysis, and vehicle leases. • Funding Amount and Source $207,200 from State of Washington Department of Commerce ($176,268 indirect federal funds from the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant Program, CFDA No. 16.738 plus additional $30,932 state funds from Department of Commerce). • Differences from Previous Contract An increase in funding of $35,403 ($4,471 grant. federal and $30,932 state) from last year's Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions regarding the terms of this agreement. Enclosures Our Vision: The Office of Sheriff: Dedicated to malting Whatcom County the Safest in the State through Excellence 115alic Safety. WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. aOla oGo/6 Originating Department: Whatcom County Sheriff's Office Contract Administrator: Jeff Parks, Undersheriff Contractor's / Agency Name: I State of Washin on De artment of Commerce 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 X No If yes, grantor agency contract number(s) _M12-34021-017 CFDA # _16.738 Is this contract grant funded? Yes No If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Contract Yes No _X If yes, RFP and Bid number(s) Cost Center: _1003512007_ Is this contract excluded from E-Verify? No Yes If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: Contract less than $100,000. Professional services agreement for certified/licensed professional Work is for less than 120 days _ Contract for Commercial off the shelf items (COTS) Interlocal Agreement (between Govt.) _ Public Works Dept. - Local Agency/Federally Funded FHWA Contract Amount:(sum of orig contract amt and any prior If a Professional Services Agreement is more than $15,000 or a Bid is amendments) more than $35,000, please submit an Agenda Bill for Council approval $ 207,200.00 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 Total Amended Amount: less than these thresholds, just submit to Executive with supporting $ 2075200.00 memo for approval. Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] This grant provides indirect federal funds from the U.S. Department of Justice, Byrne JAG Program and state funds from Department of Commerce to interdict gang and drugs through the multi jurisdictional efforts of law enforcement and prosecution. The funds will help support positions in the Drug Task Force (W.C. Sheriff's Office and W.C. Prosecuting Attorney's Office) and cover operational costs. Term of Contract: 07/01/12 1 Expiration Date: 06/30/13 Contract Routing Steps & Signoff. [sign or initial] [indicate date transmitted] 1. Prepared by DW Date 6-18-12 [electronic] 2. Attorney reviewed Date —[electronic] 3. AS Finance reviewed Date gg,)2��z [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made Date [electronic] hard copy printed 6. Attorney signoff Date 7. Contractor signed Date 8. Submitted to Exec Office ✓ Date to —26 -/L [summary via electronic; hardcopies] 9. G A Date 10. Council approved (if necessary) Date 11. Executive signed Date 12. Contractor Original Returned to dept. Date 13. County Original to Council Date Last Revised 6/9/11 153 COUNTYORIGINAL Interagency Agreement with For Whatcom County through Community Services and Housing Division Public Safety Unit Multi -Jurisdictional Drug -Gang Task Forces Start date: July 1, 2012 Washington State Department of Commerce www.CONINIERCE.wa.gov 154 TABLE OF CONTENTS Special Terms and Conditions....................................................................................................1 FaceSheet.........................................................................................................................1 1. Acknowledgement of Federal Funding.................................................................2 2. Agreement Management ...................................... :.............................................. 2 3. Compensation.....................................................................................................2 4. Billing Procedures and Payment..........................................................................2 5. Insurance............................................................................................................. 3 6. Order of Precedence...........................................................................................4 General Terms and Conditions................................................................................................... 5 1. Definitions............................................................................................................5 2. All Writings Contained Herein..............................................................................5 3. Amendments.......................................................................................................5 4. Assignment..........................................................................................................5 5. Audit.................................................................................................................... 5 6. Certification Regarding Debarment, Suspension or Ineligibility or Ineligibility and Voluntary Exclusion.....................................................................6 7. Confidentiality/Safeguarding of Information..........................................................7 8. Copyright Provisions............................................................................................8 9. Disputes..............................................................................................................8 10. Ethics/Conflicts of Interest...................................................................................9 11. Governing Law and Venue..................................................................................9 12. Indemnification....................................................................................................9 13. Independent Capacity of the Contractor...............................................................9 14. Laws....................................................................................................................9 15. Noncompliance With Nondiscrimination Laws....................................................11 16. Political Activities...............................................................................................11 17. Procurement Standards for Federally Funded Programs...................................12 18. Recapture..........................................................................................................12 19. Records Maintenance........................................................................................13 20. Savings..............................................................................................................13 21. Severability........................................................................................................13 22. Subcontracting...................................................................................................13 23. Survival..............................................................................................................13 24. Termination for Cause/Suspension....................................................................13 25. Termination for Convenience., ........................................................................... 14 26. Termination Procedures.....................................................................................14 27. Waiver...............................................................................................................14 AttachmentA, Scope of Work...................................................................................................15 AttachmentB, Budget...............................................................................................................18 Attachment C, Activity Reporting..............................................................................................20 1 155 AGREEMENT NUMBER: M12-34021-017 FACE SHEET Washington State Department of Commerce Community Services and Housing Division Public Safety Unit MUL-1-1-JURISDICTION DRUG -GANG TASK FORCE PROGRAM 1. Contractor's Name and Address: 2. Contractor Doing Business As (Optional) Whatcom County Sheriffs Office Northwest Regional Drug Task Force 311 Grand Avenue Bellingham, WA 98225-4186 3. Contractor Representative 4. Commerce Representative Jeffery Parks Harvey Queen Undersheriff Program Manager P.O. Box 42525 Tel: 360-676-6650 Tel: 360-725-3034 1011 Plum Street SE Fax: 3606767728 Fax: 360-586-5880 Olympia, WA 98504-2525 Email: jparks@whatcomcounty.us Email: harvey.queen@commerce.wa.gov 5. Contract Amount 16. Funding Source 7. Start Date 8. End Date $ 207,200.00 1 Federal:[X] State:[X] Other:[ ] N/A:[ ] July 1, 2012 1 June 30, 2013 9. Federal Funds (as applicable) Federal Agency CFDA Number $ 176,268.00 Department of Justice 16.738 10. Tax ID# 11. SWV# 12. UBI# 13. DUNS# 91-6001383 0002425 371 010 246 060044641 14. Contract Purpose To provide local governments with U.S. Department of Justice, Bureau of Justice Assistance funds for the investigation, disruption, and prosecution of drug and gang organizations operating at levels above the normal capacity of local jurisdictions to pursue. COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above in Block 1, acknowledge and accept the terms of this Agreement and attachments, and have executed this Agreement on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Agreement are governed by this Agreement and the other documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" —Scope of Work, Attachment "B"—Budget, and Attachment "C"—Activity Reporting, and the Grantee's Certifications and Assurances required as pre -requisites for execution of this Agreement. FOR THE CONTRACTOR FOR THE DEPARTMENT OF COMMERCE See Page la Name: Dan McConnon Title_ Deputy Director Date Date: APPROVED AS TO FORM ONLY Sandra Adix Sandra Adix Assistant Attorney General May 8, 2009 Date: 1 156 WHATCOM COUNTY: Date Approved as to form: -1S -) Z Prosecuting Attorne Date Approved: Accepted for Whatcom County: By: _ Jack Louws. Vjh&om C unty Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) Date On this day of , 20 , before me personally appeared Jack Louws, 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 157 1a AGREEMENT NUMBER: M1234021-017 SPECIAL TERMS AND CONDITIONS 1. ACKNOWLEDGEMENT OF FEDERAL FUNDING The Contractor agrees that any publication (written, visual, or sound) excluding press releases, newsletters, and issue analyses issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Agreement, shall contain the following statements: "This project was supported by a grant awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the National Institute of Justice, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, and the Office of Victims of Crime. Points of view or opinions in this document do not represent the official position or the policies of the United States Department of Justice." 2. AGREEMENT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Agreement. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Agreement. 3. COMPENSATION COMMERCE shall pay an amount not to exceed the amount specified in Block 5 of this Agreement's Face Sheet for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work. Compensation may be adjusted based upon the Contractor's compliance with the conditions specified in Attachment A (Scope of Work) and Attachment B (Budget). 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay the Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE at least quarterly_ The Contractor shall submit a final and complete invoice to COMMERCE no later than July 15, 2013. No invoice submitted after July 15, 2013 will be considered a valid invoice and any funds not disbursed will be de -obligated and returned to the awarding federal agency. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. COMMERCE may, in its sole discretion, terminate the Agreement or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Agreement. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs If the Contractor is entitled to payment by any other source, including grants for that service, the Contractor shall not bill COMMERCE nor shall COMMERCE pay the Contractor. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. AGREEMENT NUMBER: M1234021-017 SPECIAL TERMS AND CONDITIONS & INSURANCE The Contractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect COMMERCE should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Contractor or Subcontractor, or agents of either, while performing under the terms of this Agreement. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insured under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Contractor shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation, non -renewal or modification. The Contractor shall submit to COMMERCE within fifteen (15) calendar days of the Agreement start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Agreement, the Contractor shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Contractor shall provide insurance coverage that shall be maintained in full force and effect during the term of this Agreement, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Agreement activity but no less than $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. Automobile Liability. In the event that performance pursuant to this Agreement involves the use of vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and licensed staff employed or under contract to the Contractor. The state of Washington, its agents, officers, and employees need not be named as additional insured under this policy. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Contractor for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Agreement shall be $100,000 or the highest of plan ned.reimbursement for the Agreement period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. B. Subcontractors that receive $10,000 or more per year in funding through this Agreement shall secure fidelity insurance as noted above. Fidelity insurance secured by Subcontractors pursuant to this paragraph shall name the Contractor as beneficiary. C. The Contractor shall provide, at COMMERCE's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided thirty (30) days advance written notice of cancellation. 1�9 AGREEMENT NUMBER: M1234021-017 SPECIAL TERMS AND CONDITIONS Additional Provisions: Above insurance policy shall include the following provisions: 1. Additional Insured. The state of Washington, COMMERCE, and its elected and appointed officials, agents and employees shall be named as an additional insured on all general liability, excess, umbrella, and property insurance policies. All insurance provided in compliance with this Agreement shall be primary as to any other insurance or self-insurance programs afforded to or maintained by the State. 2. Identification. The policy must reference COMMERCE's Agreement number and the State agency name. 3. Insurance Carrier Rating. All insurance and bonds should be issued by companies admitted to do business within the state of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports. Any exception shall be reviewed and approved by COMMERCE's Risk Manager, or the Risk Manager for the state of Washington, before the Agreement is accepted or work may begin. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284- 15 WAC. 4. Excess Coverage. By requiring insurance herein, COMMERCE does not represent that coverage and limits will be adequate to protect Contractor and such coverage and limits shall not limit Contractor's liability under the indemnities and reimbursements granted to COMMERCE in this Agreement. State and Local Government Contractors that Participate in a Self -Insurance Program Self-Insured/Liability Pool or Self -Insured Risk Management Program —The Contractor may provide the coverage above under a self-insured/liability pool or self -insured risk management program if it complies with the following standards: Generally Accepted Accounting procedures (GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State Auditor's annual instructions for financial reporting. Contractor's participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and its employees need not be named as additional insured under a self - insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. 6. ORDER OF PRECEDENCE In the event of an inconsistency in this Agreement, the inconsistency,shall be resolved by giving precedence in the following order: • Applicable federal and Washington State statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A —Scope of Work • Attachment B—Budget • Attachment C—Activity Reporting • Criminal Justice Grants —Policies and Procedures Guide published by COMMERCE, as amended 1160 AGREEMENT NUMBER: M1234021-017 GENERAL TERMS AND CONDITIONS 1. DEFINITIONS As used throughout this Agreement, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Agreement, and shall include all employees and agents of the Contractor. C. "COMMERCE" shall mean the Department of Commerce. D. "Personal Information" shall mean information identifiable to any person, including but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. "State" shall mean the state of Washington. F. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Agreement under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE_ 5. AUDIT A. General Requirements Contractors are to procure audit services based on the following guidelines. "rhe Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors. COMMERCE reserves the right to recover from the Contractor all disallowed costs resulting from the audit. As applicable, Contractors required to have an audit must ensure the audits are performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. -fhe Contractor must respond to COMMERCE's requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. 1 C 1 AGREEMENT NUMBER: M1234021-017 GENERAL TERMS AND CONDITIONS B. Federal Funds Requirements - OMB Circular A-133 Audits of States, Local Governments and Non -Profit Organizations Contractors expending $500,000 or more in a fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with Office of Management and Budget (OMB) Revised Circular A-133 "Audits of States, Local Governments, and Non -Profit Organizations." Revised OMB A-133 requires the Contractor to provide the auditor with a schedule of Federal Expenditure for the fiscal year(s) being audited. When state funds are also to be paid under this Agreement, a Schedule of State Financial Assistance must also be included_ Both schedules include: Grantor agency name Federal agency Federal program name Other identifying agreement numbers Catalog of Federal Domestic Assistance (CFDA) number (if applicable) Grantor agreement number Total award amount including amendments (total grant award) Current year expenditures If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct the audit_ Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Contractor in accordance with OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations." The Contractor shall include the above audit requirements in any subcontracts. In any case, the Contractor's financial records must be available for review by COMMERCE. C. Documentation Requirements The Contractor must send a copy of any required audit Reporting Package as described in OMB Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the Contractor's fiscal year(s) by sending a scanned copy to auditreviewCaD-commerce.wa_gov or a hard copy to: Department of Commerce ATTN: Audit Review and Resolution Office 1011 Plum Street SE PO Box 42525 Olympia WA 98504-2525 In addition to sending a copy of the audit, when applicable, the Contractor must include: Corrective action plan for audit findings within three (3) months of the audit being received by COMMERCE. Copy of the Management Letter. 6. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION —PRIMARY AND LOWER TIER COVERED TRANSACTIONS A. Contractor, defined as the primary participant and, it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief they: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. 2. Have not within a three-year period preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, 1e62 AGREEMENT NUMBER: M1234021-017 GENERAL TERMS AND CONDITIONS theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and 4. Have not within a three-year period preceding the signing of this Agreement had one or more public transactions (Federal, State, or local) terminated for cause of default. B. Where the Contractor is unable to certify to any of the statements in this Agreement, the Contractor shall attach an explanation to this Agreement. C. The Contractor agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. D. The Contractor further agrees by signing this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS a) The lower tier contractor certifies, by signing this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b) Where the lower tier contractor is unable to certify to any of the statements in this Agreement, such contractor shall attach an explanation to this Agreement. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 7. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; 2. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and 3. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal Information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA)_ B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information_ The Contractor shall use Confidential Information solely for the purposes of this Agreement and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on 163 AGREEMENT NUMBER: M1234021-017 GENERAL TERMS AND CONDITIONS confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Agreement whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 8. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Agreement shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire' under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, and register; and the ability to transfer these rights. For Materials that are delivered under the Agreement, but that incorporate pre-existing materials not produced under the Agreement, the Contractor hereby grants to COMMERCE a nonexclusive, royalty -free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Agreement. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 9. DISPUTES Except as otherwise provided in this Agreement, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Agreement number; and • be mailed to the Director and the other party's (respondent's) Agreement Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. m. AGREEMENT NUMBER: M1234021-017 GENERAL TERMS AND CONDITIONS The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Agreement shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 10. ETHICS/CONFLICTS OF INTEREST In performing under this Agreement, the Contractor shall assure compliance with the Ethics in Public Service Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflicts of interest. 11. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 12. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property, or death arising out of or incident to the Contractor's performance or failure to perform the Contract. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by the Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, or representatives. The Contractor's obligation to indemnify, defend, and hold harmless shalll not be eliminated by any actual or alleged concurrent negligence of the State or its agents, agencies, employees and officers Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, COMMERCE, the state of Washington, its officers, employees and authorized agents. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the State and its agencies, officers, agents or employees. 13. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege, or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 14. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: 165 AGREEMENT NUMBER: M1234021-017 GENERAL TERMS AND CONDITIONS United States Laws, Regulations and Circulars (Federal) A. Audits Office of Management and Budget (OMB) Revised Circular A-133 "Audits of States, Local Governments, and Non -Profit Organizations." B. Labor and Safety Standards Convict Labor, 18 U.S.C. 751, 752, 4081, 4082. Drug -Free Workplace Act of 1988, 41 USC 701 et seq. Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq. Work Hours and Safety Act of 1962, 40 U.S.C. 327-330 and Department of Labor Regulations, 29 CFR Part 5. C. Laws against Discrimination Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101-07, 45 CFR Part 90 Nondiscrimination in Federally Assisted Programs. Americans with Disabilities Act of 1990, Public Law 101-336. Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60. Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102. Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503, 29 U.S.C. 793. Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794. Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631. Minority Business Enterprise Development, Executive Order 12432, 48 FIR 32551. Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a). Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C. 2002d et seq, 24 CFR Part 1. Nondiscrimination in employment, Title VII of the Civil Rights Act of 1964, Public Law 88-352. Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42 U.S.C. 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60. Section 3, Housing and Urban Development Act of 1969, 12 USC 17001 u (See 24 CFR 570.607(b)). D. Office of Management and Budget Circulars Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A-87, 2 CFR, Part 225. Cost Principles for Nonprofit Organizations, OMB Circular A-122, (if the Contractor is a nonprofit organization). Grants and Cooperative Agreements with State and Local Governments, OMB Circular A-102, (if the Contractor is a local government or federally recognized Indian tribal government). Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations, OMB Circular A-110_ 1C36 AGREEMENT NUMBER: M1234021-017 GENERAL TERMS AND CONDITIONS E. Other Anti -Kickback Act, 18 U.S.C. 874; 40 U.S.C. 276b, 276c; 41 U.S.C. 51-54. Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal Register 1, Vol. 54, No. 2431Wednesday, December 20, 1989, Hatch Political Activity Act, 5 U.S.C. 1501-8. Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti -Lobbying Amendment). 31 U.S.C. 1352 provides that Contractors who apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or other award covered by 31 U.S.C. 1352. Each tier, must disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Non -Supplanting Federal Funds. Section 8 Housing Assistance Payments Program. F. Privacy Privacy Act of 1974, 5 U.S.C. 552a. Washington State Laws and Regulations A. Affirmative action, RCW 41.06.020 (1). B. Boards of directors or officers of non-profit corporations — Liability - Limitations, RCW 4.24.264. C. Disclosure -campaign finances -lobbying, Chapter 42.17 RCW. D. Discrimination -human rights commission, Chapter 49.60 RCW. E. Ethics in public service, Chapter 42.52 RCW. F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC. G. Open public meetings act, Chapter 42.30 RCW. H. Public records act, Chapter 42.56 RCW. I. State budgeting, accounting, and reporting system, Chapter 43.88 RCW. 15. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Agreement, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations, and policies. In the event of the Contractor's non- compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Agreement may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further Agreements with COMMERCE. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 16. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures, or for or against the candidacy of any person for public office. IJ37 AGREEMENT NUMBER: M1234021-017 GENERAL TERMS AND CONDITIONS 17. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS A Contractor which is a local government or Indian Tribal government must establish procurement policies and procedures in accordance with OMB Circulars A-102, Uniform Administrative Requirements for Grants in Aid for State and Local Governments, for all purchases funded by this Agreement. A Contractor which is a nonprofit organization shall establish procurement policies in accordance with OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit Agencies, for all purchases funded by this Agreement. The Contractor's procurement system should include at least the following: 1. A code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of contracts using federal funds. 2. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. 3. Minimum procedural requirements, as follows: a. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. b. Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items. c. Positive efforts shall be made to use small and minority -owned businesses. d. The type of procuring instrument (fixed price, cost reimbursement) shall be determined by the Contractor, but must be appropriate for the particular procurement and for promoting the best interest of the program involved. e. Contracts shall be made only with reasonable subcontractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. f. Some form of price or cost analysis should be performed in connection with every procurement action. g. Procurement records and files for purchases shall include all of the following: 1) Contractor selection or rejection. 2) The basis for the cost or price. 3) Justification for lack of competitive bids if offers are not obtained. h. A system for Agreement administration to ensure Contractor conformance with terms, conditions, and specifications of this Agreement; and to ensure adequate and timely follow-up of all purchases. 4. Contractor and Subcontractor must receive prior approval from COMMERCE for using funds from this Agreement to enter into a sole source Agreement or an Agreement where only one bid or proposal is received when value of this Agreement is expected to exceed $5,000. Prior approval requests shall include a copy of proposed contracts and any related procurement documents and justification for non-competitive procurement, if applicable. 18. RECAPTURE In the event that the Contractor fails to perform this Agreement in accordance with state laws, federal laws, and/or the provisions of this Agreement, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. AGREEMENT NUMBER: M1234021-017 GENERAL TERMS AND CONDITIONS 19. RECORDS MAINTENANCE The Contractor shall maintain all books, records, documents, data, and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Contractor shall retain such records for a period of six (6) years following the date of final payment. If any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 20. SAVINGS In the event 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 normal completion, COMMERCE may terminate the Agreement under the "Termination for Convenience" clause, without the ten (10) calendar day notice requirement. In lieu of termination, the Agreement may be amended to reflect the new funding limitations and conditions. 21. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Agreement and to this end the provisions of this Agreement are declared to be severable. 22. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the state of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 23. SURVIVAL The terms, conditions, and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Agreement shall so survive. 24. TERMINATION FOR CAUSE/SUSPENSION In the event COMMERCE determines that the Contractor failed to comply with any term or condition of this Agreement, COMMERCE may terminate the Agreement in whole or in part upon written notice 169 AGREEMENT NUMBER: M1234021-017 GENERAL TERMS AND CONDITIONS to the Contractor. Such termination shall be deemed "for cause." Termination shall take effect on the date specified in the notice. In the alternative, COMMERCE upon written notice may allow the Contractor a specific period of time in which to correct the non-compliance. During the corrective -action time period, COMMERCE may suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right to perform duties under this Agreement. Failure by the Contractor to take timely corrective action shall allow COMMERCE to terminate the Agreement upon written notice to the Contractor. "Termination for Cause" shall be deemed a "Termination for Convenience" when COMMERCE determines that the Contractor did not fail to comply with the terms of the Agreement or when COMMERCE determines the failure was not caused by the Contractor's actions or negligence. If the Agreement is terminated for cause, the Contractor shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement Agreement, as well as all costs associated with entering into the replacement Agreement (i.e., competitive bidding, mailing, advertising, and staff time). 25. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part. If this Agreement is so terminated, COMMERCE shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 26. TERMINATION PROCEDURES After receipt of a notice of termination, except as otherwise directed by COMMERCE, the Contractor shall: A. Stop work under the Agreement on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities related to the Agreement; C. Assign to COMMERCE all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated; in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of COMMERCE, and D. Preserve and transfer any materials, Agreement deliverables, and/or COMMERCE property in the Contractor's possession as directed by COMMERCE. Upon termination of the Agreement, COMMERCE shall pay the Contractor for any service provided by the Contractor under the Agreement prior to the date of termination. COMMERCE may withhold any amount due as COMMERCE reasonably determines is necessary to protect COMMERCE against potential loss or liability resulting from the termination. COMMERCE shall pay any withheld amount to the Contractor if COMMERCE later determines that loss or liability will not occur. The rights and remedies of COMMERCE under this section are in addition to any other rights and remedies provided under this Agreement or otherwise provided under law. 27. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 170 AGREEMENT NUMBER: M12-34021-017 ATTACHMENT A SCOPE OF WORK OUTCOME: Work performed by the Multi -jurisdictional Drug -Gang Task Force shall have the outcome specified in the Contractor's Application for funding and this Agreement. To reach this outcome, COMMERCE will provide funding and external evaluation of the task force; and the Contractor will provide for the task force's organization, oversight, administration, supervision and mission, staffing and support, and other items necessary to carry out this Agreement. To reach this goal, the Contractor shall provide or perform the following: INTERIM OUTCOMES AND PERFORMANCE MEASURES: 1. The Regional Task Force continuously meets/exceeds Byrne JAG Gang -Drug Task Force Program Model Personnel staffing, as measured by: • Minimum of four (4) commissioned officers dedicated to the project (full time), or three (3) commissioned officers at a reduced funding level. • Support staff (minimum of half-time). • Prosecutorial support of one (1) dedicated prosecutor/deputy prosecutor, or sufficient prosecutorial support such that no case submitted by the task force is rejected due to lack of staffing; • Gang Liaison (may be another member of the local task force). • Analyst (Optional). 2. Participation —the Task Force shall organize and govern participating partners, as measured by: • Minimum of two (2) local law enforcement agencies in the service area, each contributing at least one (1) dedicated law enforcement officer. o The largest law enforcement agency in the service area must be one of these participating agencies. o The Washington State Patrol may substitute for one of the local agencies in rural task forces. Or aggregated cash contributions, which are sufficient to support 90 percent of the full cost of a law enforcement officer, may also satisfy the participation requirement for one local agency from local jurisdictions too small to dedicate personnel. 3. Task Force Mission —The Governance Board shall determine the Task Force Mission and set the priorities for work to be accomplished, as measured by: • A primary focus on cooperative, investigative work to identify, interdict, dismantle, and prosecute mid- to upper -level criminal organizations engaged in illicit gang, gun, and drug activities. 4. JAG Task Force Peer Review Participation —Task Force Governance Boards shall assure that JAG Grant compliance is achieved, as measured by: • Task Force will agree to an audit of its performance, a minimum of once per biennium, as described in COMMERCE's Byrne JAG Task Force Peer Review Program Guide; and to participate in a follow-up of the Peer Review within the following year. • Task Force will participate in support of the Peer Review process by allowing assigned staff to volunteer as members of Peer Review Teams during audits in other jurisdictions. 5. Peer Review, Grant Compliance Monitoring, and State and Federal Audit Results —Task Force management and staff will review COMMERCE's Policies and Procedures and Task Force 15 171 AGREEMENT NUMBER: M12-34021-017 ATTACHMENT A internal rules and policies, as well as requirements and policies of the Contract fiscal agent to assure JAG Grant compliance, as measured by: • No repeat findings or discrepancies. • No recommendations requiring a reply by endorsement, or restructuring task force management. • No findings or discrepancies indicative of failure to maintain sound financial management. • No finding of non-compliance with grant requirements. 6. Other Fiscal and Administrative requirements, as measured by: • "FIFO" or First-In/First-Out tracking and quarterly reporting of Program Income funds (Forfeitures). • Timely submission of Contractor's A-19 (Reimbursement RequestsNouchers) by the 15th of the month following the reported quarter (as per COMMERCE's Policy and Procedures Guide). • Compliance with all policies and procedures included in the current version of the Public Safety Unit's Criminal Justice Policy and Procedures Guide. 7. Commander's Conference (Semi -Annual) Training Attendance —Task Force Governance Boards shall establish policy to assure that key supervisory/management staff achieve JAG grant compliance, as measured by: • Attendance by key personnel as mandatory unless waiver is granted by COMMERCE PERFORMANCE MEASURES AND DELIVERABLES: 1. Quarterly Performance Measures —Task Force Governance Boards will set measures to assure Task Force success by achievement of the critical performance measures reported in the Periodic Activity Report (PAR), as measured by a: • Minimum of 40 percent of Task Force arrests will be for multiple arrests cases. • Prosecutorial success rate of 80 percent of case results received with outcomes of "guilty," "pled," and/or "verdict" received. • Forfeiture success rate of 90 percent_ • Minimum of 40 percent of task force cases disrupted/dismantled which consist of five (5) or more individuals where investigations have demonstrated an involvement in the criminal enterprise, and that enterprise shall be called a DTO (Drug Trafficking Organization) for drug nexus, or GIO (Gang Involved Organization) for gang nexus. 2. Quarterly Program Performance Activity Report (INTERIM OUTCOMES AND PERFORMANCE MEASURES 1 AND 2)—Task Force management will plan for, collect, and report program performance data, as measured by: • Timely submission per published scheduled Due Dates (See COMMERCE Task Force Application Report Schedule). • Entry of all applicable data as prescribed by the PAR Form User's Guide. 3. Active cooperation and response to Evaluation Findings and Discrepancies (INTERIM OUTCOMES AND PERFORMANCE MEASURES 3 THROUGH 6)—administrative and compliance monitoring, and Peer Review Evaluations, as measured by: • Assessment and response to discrepancies and findings noted in monitoring and peer review evaluations. 16 172 AGREEMENT NUMBER: M12-34021-017 ATTACHMENT A • Item -by -item demonstration of corrective action either through submitted written response or during a Peer Review or Monitoring follow-up visit (normally conducted approximately six [61 months after a Peer Review Evaluation). 4. Commanders Conference Registration (INTERIM OUTCOMES AND PERFORMANCE MEASURES 7), as measured by: • Advance registration. • On -site sign -in and handout collection. 17 173 AGREEMENT NUMBER: M12-34021-017 ATTACHMENT B BUDGET GENERAL: The total budget awarded under this Agreement shall be the amount specified in Block 5 of this Agreement's Face Sheet. The total Federal funds awarded under this Agreement shall be the amount specified in Block 9 of this Agreement's Face Sheet. The CFDA number of the federal funds is 16.738. Allocation of funds between categories of expense shall be as specified in the Contractor's application for funding, except that the Contractor may vary from the application's funding plan by shifting up to ten percent (10%) of the total awarded funds between categories of expense. This authority to shift funds is limited by the following: grant funds may not be shifted into zero budgeted categories of expense, and any shifts made may not constitute a significant change to the Scope of Work (Attachment A). PERFORMANCE BASED INCENTIVES AND CONSEQUENCES: 1. Delay and Disallowance of Reimbursement Requests Due to Late Performance Reporting Past due performance reports will result in withholding of requested reimbursements until the reports are received. Should a report be received after the due date, but not in sufficient time for enclosure in the corresponding federal quarterly report, the report will be rejected and no payment will be authorized for the missed quarter. For the first three quarters of this award cycle, missed data and the corresponding expenditures may be submitted during the following quarter. However, lack of timely submission of the fourth quarter's activity report will result in loss of all funds not previously reimbursed; and if disbursement of funds to reimburse expenditures incurred during the unreported quarter has been made, repayment shall be required. 2. Delay and Disallowance of Reimbursement Requests Due to Non -Compliance with Federal Pre -Requisites to Receive Funding During any period in which the Contractor is non -compliant with essential federal pre -requisites to receive federal funds, all expenditures will be disallowed. Eligibility of expenditures for reimbursement will resume on the date that the Contractor is deemed to be fully compliant with the essential federal pre -requisites as specified below: • DUNS (Data Universal Numbering System) number is registered in the Central Contract Registry portion of Grants.Gov (www.grants. gov), and the registration is current. • The Contractor has submitted an Equal Employment Opportunity Plan to the Office of Civil Rights, U.S. Department of Justice, with a submission and approval dates within the last two years. • All personnel dedicated to the task force as investigative personnel, acting in supervisory and/or executive management, administrative, analytical or prosecutorial support of the task force, must annually complete the appropriate on-line training through the Center of Task Force Leadership and Integrity Training website (www.ctfli.org). Newly assigned individuals must complete the appropriate training modules no later than 90 days from assuming their relationship with the task force. Individuals in a continuing relation with the task force must renew their certification within 30 days after their prior certification expires (the CTFLI system does not allow recertification more frequently than annually, so this requires specific scheduling controls.) 3. Reduction in the Quarterly Reimbursable Funds Due to Non -Compliance with the Task Force Staffing and Participation Model: Reporting staffing and/or "local" agency participation below that specified in the Contractor's application on any Periodic Activity Report (quarterly activity report) shall cause the maximum amount that may be reimbursed for that quarter to be reduced in accordance with the table published on Page 2 of the Byrne Justice Assistance Grant, SFY 2013 Multi -Jurisdictional, Drug -Gang Task Force 18 174 AGREEMENT NUMBER: M12-34021-017 ATTACHMENT B Program Application Package. For this purpose, the reimbursable amount authorized for the reported quarter shall be one-fourth of the total award as specified in Block 5 of this Agreement's Face Sheet, multiplied by the `percent of allocation' corresponding to the reported compliance level. The difference between one-fourth of the total award (as specified in Block 5 of this Agreement's Face Sheet) and the reimbursable amount authorized for the corresponding quarter is non - reimbursable, and is lost to the Contractor during the balance of this Agreement's duration. In the event that the Contractor has already been reimbursed beyond the reimbursable amount authorized for the quarter as calculated above, the corresponding expenditure is disallowed. Any funds so disallowed may be applied against authorized expenditures of the next quarter, if the quarter for which the disallowance is made is not the last calendar quarter of this Agreement. Should any funds be disallowed for the last calendar quarter of this Agreement, disallowed funds must be returned to COMMERCE. COMMERCE reserves the right to waive this reduction/disallowance in event the reported non- compliance is considered a brief and minor anomaly not materially affecting task force operations or safety. Such a waiver is at the sole discretion of COMMERCE. ENCE OF APPLICATION OF EXPENDITURES AGAINST GRANT FUNDS SHALL BE AS FOLLOWS: COMMERCE shall apply reported expenditures, and its reimbursement of those expenditures, as follows: • Limited life funds (carryover about to expire) shall be disbursed first. • After limited life funds are disbursed, State General Funds awarded under this Agreement shall be disbursed at a rate proportionate to the total federal funds disbursed (including any limited file funds). COMMERCE shall control this disbursement rate to ensure that sufficient State Funds are available to cover any program -wide rescission or a spending limit on state funds that may be imposed. COMMERCE shall notify each Contractor of the precise amount/source of disbursed funding upon request, and shall further notify the Contractor upon the imposition of any rescission or spending limit. 19 175 AGREEMENT NUMBER: M12-34021-017 ATTACHMENT C ACTIVITY REPORTING Quarterly Performance Activity Reporting _'M32-3402 4 - Contraitor> July 2011 - June 2012 .- =--`;Federal Award:-:$i2;.090.:_:- _ . . Local Budget NTF Fu -;7askFoCre.Staffir�g:�-� •„���; d ;: tiz.• �;�:,,�>:F,•o` a^Re.",oltedGtuarterOnly NtrRolE=tlp-tiy.rQiia�er :i 'Gra"t' ac3031 --:�•::� °ems_ - a6.s: =L^c� l:: `:�: C Grays HarborCo Commander 2080 0.25 0.25 ;^ =7y� u..D r't' Staffing: GraysHarborCo Supv(LtfSgt) X 2080 1.00 1.00 z6 Ail Task Farce Grays HarborCo Investigator 2080 0.25 0.75 1.00 .g Personnel Supporting Aberdeen Investigator 2080 025 0.75 1.00 :1.0= , the Project Funded by Hoquim Investigator 2080 025 0.75 1.00 all sources DFA Investigator 2080 1.00 1.00 ICE Investigator 2080 1.00 1.00 3 Reported DOC Invest - Non-LEO 20$0 1.00 1.00 WA National Guard Analyst 20$0 1.00 1.00 r14: Quarter Aberdeen AdminSptlLegal 2080 1.00 1.00 ` Onl Grays HarborCo AdminSptlLegal 2080 0.75 0.25 1.00 °y Grays Harbor Co Deputy Pros 2080 0.25 0.75 1.00 =18"; 1 Position =1 FTE is 2080 1.00 FTE 2080 LL2080 Y°1 Note: Match may be 2080 2080 '2z Traditional Match or expended Forfeiture 2080 ;d24-' funds 2080 ems. (both subject to grant rules) 2080 2080 ,;47-� For Model Corrpfance: 2080 L: , 2y8- Law Enf = Supv/lnvest (LEO) iL 2080 r 9.' Spt = Adrrin/LegaVAnalyst 2080 Pros Spt = Dep Prosecutor 12080 A II T F ' Overtime Overtime Hours Overtime Hours '= 27 PaidbyJAG Only Meets/B(ceeds '28 Overall (model 29. 31 �4342, 3rr`; Investigations Q1'" Jul -Sep Q2 Oct -Dec Q3 Jan -Mar Q4 Apr -Jun Year to Date Cont'd into this Report Period Opened During (his Report Period Nbr Closed No Arrests Open/Closed Nbr Closed tArrests Nbr Closed Multiple Arrests Open it End of this ReportPeriod M ulti-Artest Case Peroentaga i 20 176 AGREEMENT NUMBER: M12-34021-017 ATTACHMENT C ACTIVITY REPORTING 9 fili'l I droiiiAsl: Nbrvw Other Cooperative JAG NTFs Nbrwl Federal Investigations Agencies ,kq., Nbrvd Other (3-4 Mbr Org's) Agencies/Units Disrupted/ NbfGangOrgs XIl1NAQlll1�_ (D G.rig & Di­ug Ogs Dismantled Primary Nexus x LU Nbr Drug Orris Not Gang or Drug 42: (3-4 Mbr Org's) Vio lence 0) What Other to Theft Characteristics Gun Trafficking x LU of Human Trafficking Above Orgs Money Laundering (3-4 Mbr Org's) Auto theft 0 Z OCEDETF rganlzado'ns: isrup e htle, Isr" 't"d Di& 6 a te Cooperative N br wi Other JAG NTFs Nbrvd Federal Agencies Investigations Nbrvd Other Agencies/Units (5+ Mbr Org's) . . . . . . . . . . . Nq-.' Disrupted) Dismantled Primary Nexus (5+ Mbr Org's) Nbr Gang O,gs Gang Nbr Drug Orris Not Gang or Drug t Percent of Effort Dwected­Gangs Violence What Other 0 Theft Gun Trafficking 60: 61 Characteristics of Human Trafficking Above Orgs Money Laundering xs (5+ Mbr 0 rg's) Auto theft OGEDETF ss 67. Organizational Case Support WA—lyli—I S"'PP-11 Deconflicnan — Nb, Event Dec—flu,ti— Gang Nexus Gang & Drug Nexus 7D . Warrants Drug Nexus -State Other Investigations M eth Nexus Gang Nexus Gang & Drug Nexus Warrants Drug Nexus .. . ....... . Federal Other Investigations Meth Nexus 21 177 AGREEMENT NUMBER: M12-34021-017 ATTACHMENT C ACTIVITY REPORTING Meth Investigations = Q1 s Q2 03 Q4 ` Datery Ye Jul Sep-_%.. Oct Dec , Jan Mar Apr Jun ario —-`=. ;;^78 Single Suspect Investigations 2-4 Suspect -- ;_� Investigations 5+Suspect x' Investigations Total Nbr Meth Investigations 4 Nbr Labs 2; g2 -_--- - Investigated N br Labs Dismantled �- Nbr Lab Sites Meth Investigations Processed Nbr Labs ♦i 85;=� vdJ uveniles -- -"= Present/Exposed - Nbr Suspect Pr ecursor -_ Sellers ID'd " Nbr Suspect `$ P recurso r Buyers ID'd $$ ` Slate Warrants Federal Warrants Q3 Q4 ARRESTS Q1 :Q2 �: .,;Jul Se Oct Dec Jan,Mar 'r yA r�Jun Year toAate; Gang Nexus Est Felony Gang B Drug Nexus Primary Nexus Drug Nexus ts33'_ Other Investigations M eth 95`z Violence ID Theft Felony Gun Trafficking 2ndry Nexus Human Trafficking M oney Laundering Auto Theft `100` Gang Nexus Gang & Drug Nexus " 102= Misdemeanor Drug Nexus `103 Primary Nexus _.r 04 Other Investigations 105' Meth 106. Violence 107 ID Theft Misdemeanor Gun Trafficking - 108 2ndry Nexus Human Trafficking 109 110 M o ney Laundering Auto Theft 111 22 178 AGREEMENT NUMBER: M12-34021-017 ATTACHMENT C ACTIVITY REPORTING "Q3 Jan w Mar 4, ApJurt _ 4 ,A- =Results 'saloe rk t,"v -'1,20 State Nb,Fel..y Nbr M isdemeano r Received GuiltyVerdict/Plea Gang Nexus Gang & Drug Nexus Drug Nexus Other Nexus Firearm Violation F11- 6 Federal NbrFelony Nbr M isdemeanor Results Received GuillyVerdict/Plea Gang Nexus Gang & Drug Nexus Drug Nexus Other Nexus Firearm Violation r-. . D Overall Prosecution Prosecution Success Rate I" Re 704 Q2• Q3 Jul.Sep,_ ". DecJan -Mar Mar. aU 0 Cocame(grams) Crack Cocaine (grams) 133 Oxyco tin (Dosage Units) 2, 13a Scheduled Oxycodone (Dosage Units) Drugs Diverted Pharmaceutical (Dosage Units) 6 . Hallucinogens (Grams) Heroin forms)(Grams) -(All M anjuana, B ulk (Gram.) Grows Indoor - 139 Dismantled Grows Indoor Nbr Plants . 141 Marijuana Grows Outdoor Dismantled 142 Grows Outdoor Nbr Plants 143 Nbr Grows Illicit . M edic.1 M J 144 Nb,Pi.ats Illicit M edical M J Grows 145 Meth (Grams) 146 M eth Crystal (ICE) (Grams) Ephedrine, 147 (Grams) Pseudoephedrine (Grams) c�'148 Meth & Club Drugs M DM A -Ecstasy 149 (Dosage Units) Club Drugs Units) —(Dosage Other Drugs (Do sage Units) 23 179 AGREEMENT NUMBER: M12-34021-017 ATTACHMENT C ACTIVITY REPORTING t ; ........ _ , . _c.... _ . ... .. _...., ., . -.... .K,., . <.:. .. ��.: •�-:.r:.4Er� ... _ .,,..,_...: ...,:: .. Jul -Se ..::'..'Oct p [)ec':'' Apr-J si?. qp. ,.t':•. � - - Number Successful Number Un-Successful M Cuvency A mt Forfeited State Real Property (Realized $ Value) Process Other S Value) (Realized Success YYr::-. Rate T .• Transfer to t - Non-Patricipaung c Agencies Number Successful t'w Number k.•,;' t. 1' Federal Un-Successful CurencyAmt v DAr_B 71s Forfeited Real Pro peny " (Realized SValue) Other .y 4 (Realized S Value) Co ni ed F O [ward x.• �+.. )..;.; c�-g.,,*.y into Quarter Date of Fattiest :: •. Y Fo rfell Ure 5 Forfeitures Realization Dale sN Subject t Not Fully Expended �• : -•_ to Realized this Qtr yw ter, :' Federal Rules Emended this Qtr Balance "'Use It o r Lo ss It' Date ta.,. ;1:6¢ '16Tz Frrearms "" Q1 Jul -Sep Q2 Cl [)ee Q3 ; Jan -Mar Q4 Apr-Junk.-j• Year to Date Firearms Nbr Seized Nbr Forfeited Nbr Firearms Rpt's to AT Nbr Hits on Rprs to ATF Equiprrrent Q1 Q2 Q3 ' Q4 Ye:ai aor"Date: 7bougfit iroith GranYFurids°ONLY Jur sep oet_oee " Y` ;►an=MGr =' -Apr-Puri ;._ 67 �T68. 170` 171 .172 11-3 174 175 ,:176 178 'F79' "r1�SU =182 Equipment 0ve rtype 'Equi pme nt Type' as necessary, Enter Quantity and Cost in the appropriate Quarter's column Firearms Non -Lethal Weapons Co mpulers& Accessories Cameras Video Recorders eody Me, & Accessories Other 1 (Overtype) Other Z (Overlype) Qty: Qty: Qty Qty: Qty: Qty: $ Qty: $ Qty: $ 24 180 AGREEMENT NUMBER: M12-34021-017 ATTACHMENT C ACTIVITY REPORTING 1[aolentCnme S�tuaUon (Estimate Q1 02 03 Q4 Jul Sep,- Jan Mar Jun ;R,,. Or SUrve r , Oct,De c Apr j Total in 1 i'. Jurisdiction(s) Involving 4s4= Homicide Firearms 18$' Gang Related Total in Jurisdiction(s) Involving Aggravated Firearms Assault Gang Related Total in ;....�w� Jurisdiction(s) Involving Robbe ry Firearms Gang Related Q1 Q2 Q3 Q4 Year Date >Gang S�tuatio Esttma'te Or $hive Jul Sep.,; Oct Dec Jan Mar tq Nbr Gangs in Jurisdictions) r F93,. Nbr Gang M embers (Documented) xts4 Est.'s Nbr Gang yam. Associates Nbr Field 95<< Gangs & Contacts ( as appropriate) Gang Members RISSINTEL Submittals 197' RISSINTELL Inquiries 198'; R ISSGA NG Submittals 99r RISSGANG - - --- Inquiries 25 181 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-237 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: ✓PK pie (p ' /8 • /2 f 0 2 20`12 JUL 7/10/2012 Finance/Council Division Head: JPR Dept. Head: FMA — o�ilq%Z Prosecutor: DG ,l WI1ATCOM COUNTY Purchasing/Budget: BB �G�j/�� COUNCIL Executive: JL TITLE OF DOCUME Construction Contract Award for Yew St Road Phase I1— Pedestrian Actuated Crosswalk Signal; CRP No. 998001 ATTACHMENTS: 1. Memo 2. Resolution amending County Road Project (CRP) Number and Award Construction Contract 3. Approval to Award Construction Contract endorsed by Executive 4. Project Summary and Vicinity Map 5. Project Cost Breakdown 6. Bid Tabulation 7. Low Bid Proposal 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.) Resolution amending CRP #998001 and award the construction contract for Yew St Road Phase II — Pedestrian Actuated Crosswalk Signal to Tiger Construction, LTD. as low bidder in the amount of $111,859.41. COMMITTEE ACTION. • COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: CRP No. 998001 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 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Frank M. Abart Director GCM c0 Ze t GZ 93H IN G'( Memorandum Joseph P. Rutan, P.E. County Engineer/Assistant Director 322 N. Commercial Street, Ste 301 Bellingham, WA 98225-4042 Phone: (360) 715-7450 5-7451 REC�fVED JUN 28 2012 To: The Honorable Jack Louws, Whatcom County Executive and JACK LOUWS The Honorable Members of the Whatcom County Council COUNTY EXECUTIVE Through: Frank M. Abart, Director .I/ / 3�" From: Joseph P. Rutan, P.E., C unty Engineer/Assistant Director James P. Karcher, P.E., Engineering Manager Date: June 25, 2012 Re: Yew St Road Phase II — Pedestrian Actuated Crosswalk Signal CRP No. 998001 Construction Contract Award Attached for your review and signature is the standard construction contract award package for the Yew St Road Phase II — Pedestrian Actuated Crosswalk Signal. This package consists of the following: agenda bill; resolution for amending the CRP and contract award; approval of contract award endorsed by the Executive; project summary and vicinity map; project cost breakdown; tabulation of all bids; and the low bid proposal. Requested Action Public Works respectfully requests that the County Council authorize the County Executive to enter into a contract for the subject project to the low bidder, Tiger Construction, LTD. in the amount of $111,859.41 including all taxes. This recommendation is based on a review of three (3) bids received. Background and Purpose Bid proposals for the project were opened at 2:30 p.m. on Tuesday, June 12, 2012. This ongoing project was listed as Item No. 3 on the 2010 Annual Construction Program and is Project Based Budget No. 2007-2. The construction of the pedestrian improvements remains within the original project based budget authorization. This project will involve installation of an overhead crosswalk signal, school zone flashing beacons, illumination, and sidewalk upgrades. Funding Amount and Source Local funds are being utilized to fund the project construction. Please contact Jim Karcher at extension 50633 if you have any questions or concerns regarding the terms of this agreement. In accordance with W.C.C. 3.08.230, I concur with this recommendation: Chris Mohnkem, Purchasing Coordinator ( 1- IZ- Date 183 PROPOSED BY SPONSORED BY PUBLIC WORKS DEPARTMENT INTRODUCED BY RESOLUTION NO. RESOLUTION FOR AMENDING COUNTY ROAD PROJECT NO.998001 AND AUTHORIZING ADDITIONAL FUNDS FOR THE AWARD OF A CONTRACT FOR "Yew St Road Phase H — Pedestrian Actuated Crosswalk Signal." WHEREAS, this project is included in the officially adopted 2010 Annual Construction Program as Item No. 3 under Project Based Budget No. 2007-2; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council: That CRP No. 998001 is formally amended to include the construction of the "Yew St Road Phase 11— Pedestrian Actuated Crosswalk Signal." The Contract for this project is awarded to Tiger Construction, LTD., in the amount of their bid of $111,849.41. An appropriation from the officially adopted Road Fund Budget and based on the County Engineer's estimate is hereby made in the amounts and for the purposes shown: PURPOSE AMOUNT OF APPROPRIATION Preliminary Engineering $55,000 Right -of -Way $5,700 Subtotal $ 60,700.00 Construction Contract $ 111,859.41 Construction Engineering / Testing / Contingency $ 15,000.00 Total $187,559.41 BE IT FURTHER RESOLVED that the construction is to be accomplished by Contract in accordance with RCW 36.77.020 et. seq. PASSED this day of , 2012 ATTEST: Dana Brown -Davis Clerk of the Council Approved as to Form: Daniel L. Gibson Asst. Chief Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner Council Chair WHATCOM COUNTY OM- r JOSEPH P. RUTAN, P.E. PUBLIC WORKS DEPARTMENT°aZ County Engineer/Assistant Director 322 N. Commercial St., Suite 301 FRANK M. ABART Bellingham, WA 98225-4052 Director �, `�o? Phone: (360) 715-7450 $NING Fax: (360) 715-7451 Yew St Road Phase II — Pedestrian Actuated Crosswalk Signal CRP No. 998001 APPROVAL FOR CONTRACT AWARD Approval is hereby granted to award the Contract as follows: Project: Yew St Road Phase II — Pedestrian Actuated Crosswalk Signal, CRP No. 998001 To: Tiger Construction, LTD In the amount of their bid proposal $111,859.41, including all taxes. Whatcom County Executive Date Approving Authority 4"�' k LL"I 01 // a Daniel L. Gibson Date Asst. Chief Civil Deputy Prosecutor 185 Whatcom County Public Works Project Summary and Vicinity Map Yew St Road Phase II — Pedestrian Actuated Crosswalk Signal CRP #998001 Construction Funding Year(s): 2012 Project Narrative: This project is located about 1-mile south of the Bellingham city limits along Yew St Road. Improvements will include installation of an overhead crosswalk signal, school zone flashing beacons, illumination, and sidewalk upgrades at the Yew St Road / Kingsmill St intersection. Project Status: Survey and design were completed in May 2012 with construction to begin in summer 2012. Total Estimated Project Cost: $187,859.41 Expenditures to Date: $60,700 Funding Sources: Federal $0 State $0 Local $187,559.41 Environmental Permitting None Right -of -Way Acquisition $5,700 County Forces (Estimate) To Be Determined WHATCOM COUNTY PUBLIC WORKS DEPARTMENT G FRANK M. ABART 3 Z� Director & ING - Project Cost Breakdown Yew St Road Phase H - Pedestrian Actuated Crosswalk Signal CRP No. 998001 Funding Source Whatcom County Federal Funds Preliminary Engineering $55,000 $0 Right of Way $5,700 $0 Contract $111,859 $0 Construction Engineering, Testing and Contingency $15,000 $0 Total $187,559.41 $0 JOSEPH P. RUTAN, P.E. County Engineer/Assistant Engineer 322 N. Commercial St., Suite 301 Bellingham, WA 98225-4052 Phone: (360) 715-7450 Fax: (360) 715-7451 TOTAL $55,000 $5,700 $111,859 $15,000 $187,559.41 187 E v C N M N a em _.':8000000000$$momoo88$oocc000000rco8. <wwwwwwwwwwww- »wwwwwwwwwwwwwww 88o m 44PiC o0088000008m�88m 06 Quin �.-�oui .-H o g W: m' :-}'.:.'.. M:. •: Mw w.. w w w w w w. N-w w w w w w ww www :A.o$So888$008000p0O00QQ0000000080$Oo00. Ni�iVPOiQOWYV6 La VO$uQiN N 6NO N. w a a w win w w w w w w wen w w w w w w w w w w w w wen ww kq.•:agoQgoQgoQoou'v�oo8888. or000 1YJ 2S 0 f$NrN�$N GG801.00o000 mN$ S. y@.�2S C'- ••5" �:~$eeio mi=oo$ o0 am oev iv `r�mNo�er°nvmm�c`"i�mo _ rY µ.. w w w w w w ww w w w we9 fN w M w w ww ww w wwwwww GG OO,On ip W vmi o i0omommoo�mNo$O _�t.;'''hlON$ +,G GG O C oo mQ m m r �Q ww - tf vo 5 P4g P o04 P 4oQ mm .c �99-E- Pm, a bmm gPPogP ci o,. f No y> ith Ft� - a Kz ; :�..OR- Ik -. Po PRx SSww B - 4 o m j24m� S•„j_ W. 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K(%J UJ U'UUUKm ..���.``•.:� �NmQNmrmm����Q1f mnNmo�NnQ o eYj$ BID PROPOSAL FOR YEW STREET ROAD PHASE II - PEDESTRIAN ACTUATED CROSSWALK SIGNAL CRP No. 998001 Date June 12, 2012 TO: Whatcom County Executive and Council Whatcom County Courthouse 3 11 Grand Avenue Bellingham, Washington 98225 Gentlepersons: This certifies that the Undersigned: has examined the location of the project site and the conditions of work; and has carefully read and thoroughly understands the contract documents entitled: "YEW STREET ROAD PHASE 11—PEDESTRIAN ACTUATED CROSSWALK SIGNAL, CRP No. 998001," Whatcom County, Washington, including the 'Bid Procedures and Conditions," "Specifications and Conditions," "Contract Forms," "Construction Plans," and "Appendix," governing the work embraced in this project, and the method by which payment will be made for said work. The Undersigned hereby proposes to undertake and complete the work embraced in this project in accordance with said contract documents, and agrees to accept as payment for said work, the schedule of lump sum and unit prices as set forth in the "Bid" below. The Undersigned acknowledges that payment will be based on the actual work performed and material used as measured or provided for in accordance with the said contract documents, and that no additional compensation will be allowed for any taxes not included in each lump sum or unit price, and that the basis for payment will be the actual work performed and measured or provided for in accordance with the said contract documents. The Undersigned certifies that it is not currently disqualified from bidding on any public works contract under RCW 39.06.010 or RCW 39.12.065(3). Yew Street Road Phase 11 Pedestrian Actuated Crosswalk Signal, CRP 998001 Me WHATCOM COUNTY PUBLIC WORKS YEW STREET ROAD PHASE II -PEDESTRIAN ACTUATED CROSSWALK SIGNAL CRP NO.998001 SECTION REFERENCE May 9, 2012 ITEM QUANTITY DESCRIPTION UNIT PRICE TOTAL SCHEDULE A - CIVIL ITEMS 1 1 MOBILIZATION LUMP (1-09.7) SUM per LS 2 1 SPCC PLAN LUMP (1-07) SUM so $ $ � per LS 3 1 PROJECT TEMPORARY TRAFFIC CONTROL LUMP (1-10) SUM ( J per LS 4 1 CLEARING AND GRUBBING LUMP (2-01) SUM Q 78 Do per LS 5 1 REMOVAL OF STRUCTURES AND OBSTRUCTIONS LUMP (2-02) SUM }} �J C/ $ $ per LS 6 1.600 SAW -CUT ACP LINEAR (2-02) FOOT -INCH 1. I U (,7 0.oc s s per LF-IN 7 200 SAW -CUT PCC LINEAR FOOT -INCH (2-02) oci $ $ O ' per LF-IN 8 40 ROADWAY EXCAVATION INCLUDING HAUL CUBIC (2-03) YARD FF�� 3t),5S 1 2 z z S $ .0c, !, per CY 9 10 EMBANKMENT COMPACTION CUBIC YARD (2-03) zz, s $ per CY 10 10 WATER M GAL. (2-07) 63.75$ 7,.So $ per M GAL. Yew Stmet Road Phase 11— Pedestrian Actuated Crosswalk Signal, CRP 998001 12 190 WHATCOM COUNTY PUBLIC WORKS YEW STREET ROAD PHASE 11 -PEDESTRIAN ACTUATED CROSSWALKS IGNAL CRP NO, 998001 ) SECTION REFERENCE May 9. 2012 ITEM QUANTITY DESCRIPTION P NIT TOTAL 11 75 GRAVEL BASE TON (4-02) per TON + 12 40 COMMERCIAL HMA TON (5-04) per TON 13 1 JOB MIX COMPLIANCE PRICE ADJUSTMENT CALC (5-04) 14 1 COMPACTION PRICE ADJUSTMENT CALC (5-04) 15 1 ADJUSTMENTS TO FINISH GRADES LUMP (7-05) SUM 16 1 ESC LEAD LUMP (8-01) SUM 17 4 INLET PROTECTION EACH (8-01) i> $ 270,00$ 270.00 per LS 27, scs 276.5o per LS S .60$ 2-2-1,I-{0 per EA 18 70 SILT FENCE LINEAR (8-01) FOOT ? S. 37Y,_O $ _('"$ per LF 19 40 SOD INSTALLATION SQUARE YARD (8-02) 3,s per SY 20 1 LANDSCAPING RESTORATION FORCE (8-02) ACCOUNT $ 2.000.00 S 2,000.00 FA Yew Street Road Phase If — Pedestrian Actuated Crosswalk Signal, CRP 998001 13 191 WHATCOM COUNTY PUBLIC WORKS YEW STREET ROAD PHASE II -PEDESTRIAN ACTUATED CROSSWALK SIGNAL CRP NO. 998001 SECTION REFERENCE May 9, 2012 ITEM QUANTITY DESCRIPTION UNIT TOTAL 21 140 CEMENT CONCRETE CURB & GUTTER LINEAR (8-04) FOOT �9` � D U � S i per LF 22 75 CEMENT CONCRETE PEDESTRIAN CURB LINEAR FOOT (8 04) � p 6 �! 0 � $ L� t per LF 23 1 MONUMENT CASE AND COVER EACH (8-13) b 9 ' UO per EA 24 25 CEMENT CONCRETE SIDEWALK SQUARE (8-14) YARD 25 70 CEMENT CONC. CURB RAMP TYPE PARALLEL A SQUARE (8-14) YARD 26 1 TRAFFIC SIGNAL AND ILLUMINATION SYSTEM LUMP (8-20) SUM $ 6, 6CG $ J, LlIc . per SY vc $ 62.L5�$ Lf,3XD,s0 per SY Ll1;7 2-10,00 �S, Z to ,00 50�00 per LS " 27 1 PERMANENT SIGNS LUMP (8-21) _ SUM �, C;,cs tJ, 4 V `v , � (� 28 140 PAINT LINE LINEAR (8-22) FOOT I t 0 J ('/ l O J ` �' $ $ ! per LF 29 45 PLASTIC STOP LINE LINEAR FOOT (8-22) �--f1 NI" G per LF 30 360 PLASTIC CROSSWALK STRIPE SQUARE (8-22) FOOT Yew Street Road Phase II — Pedestrian Actuated Crosswalk Signal, CRP 998001 3 2s._. $ 1, 17C.),o0 per SF 14 192 WHATCOM COUNTY PUBLIC WORKS YEW STREET ROAD PHASE U -PEDESTRIAN ACTUATED CROSSWALK SIGNAL CRP NO.998001 2012 I ITEM I QUANTITY I DESCRIPTION I RICE ( UNIT TOTAL 31 3 POTHOLE EXISTING UNDERGROUND UTILITY EACH (8-30) per EA r 32 1 UNANTICIPATED SITE WORK FORCE (8-31) ACCOUNT $ 4,000.00 S 4,000.00 FA 33 1 BOLLARD TYPE 2 EACH (8-34) s 72—,�. 5 Gs % JJ per EA TOTAL SCHEDULE A: $ Yew Street Road Phase II — Pedestrian Actuated Crosswalk Signal, CRP 998001 15 193 WHATCOM COUNTY PUBLIC WORKS YEW STREET ROAD PHASE II -PEDESTRIAN ACTUATED CROSSWALK SIGNAL CRP NO.998001 ( ) SECTION REFERENCE May 9.2012 ITEOM QUANTITY DESCRIPTION UNIT TOTAL SCHEDULE B - WORK ON NON -COUNTY OWNED PROPERTY 34 10 ROADWAY EXCAVATION INCLUDING HAUL CUBIC (2-03) YARD 2-0 _� 2 g [ , S 1 .00 per CY 35 5 STRUCTURE EXCAVATION CLASS B INCLUDING HAUL CUBIC YARD (2-09 ) Q�Q f 3 C�. 2 7$ Q j. 2- $ 1 per CY 36 90 SHORING OR EXTRA EXCAVATION CLASS B INCLUDING HAUL SQUARE FOOT (2-09) per SF 37 25 GRAVELBASE TON (4 02) 22 _1J 17-� $ $ per TON 38 10 CRUSHED SURFACING TOP COURSE TON (4-04) .6.gr� ; 300 $ $ per TON 39 30 CEMENT CONCRETE PEDESTRIAN CURB LINEAR FOOT (8-04) • � � D C-.y,!/o $ ,�-T $ l . { per LF 40 50 CEMENT CONCRETE DRIVEWAY SQUARE YARD (8-06) / // ,, / 6V,2 G J'� 31 D 0f✓' $ $ `�. per SY 41 90 ROCK FOR ROCK WALL SQUARE (8-24) FOOT 42 15 BACKFILL FOR ROCK WALL TON (8-24) Yew Street Road Phase II — Pedestrian Actuated Crosswalk Signal, CRP 998001 $ 33, zs$ per SF $ 413D per TON 6Iq:5o 16 194 WHATCOM COUNTY PUBLIC WORKS YEW STREET ROAD PHASE II -PEDESTRIAN ACTUATED CROSSWALK SIGNAL CRP NO.998001 SECTION REFERENCE May 9, 2012 IN )M QUANTITY DESCRIPTION P NIT TOTAL SUBTOTAL SCHEDULE B: $ 9 Y5;-Lco SALES TAX @ 8.5% (SCHEDULE B): $ � 63, TOTAL SCHEDULE B (INCLUDING TAX): $ TOTAL SCHEDULE A AND B (INCLUDING TAX): $ Yc%v Sheet Road Phase It -- Pedestrian Actmacd Crosswalk Sigual, ('101 998001 17 195 NON -COLLUSION DECLARATION YEW STREET ROAD PHASE II - PEDESTRIAN ACTUATED CROSSWALK SIGNAL CRP No. 998001 I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: That the undersigned person(s) firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m. Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse, and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. Yew Street Road Phase lI — Pedestrian Actuated Crosswalk Signal, CRP 998001 18 196 BIDDER IDENTIFICATION The name of the Bidder submitting this proposal, the address and phone number to which all communications concerned with this proposal shall be made, and the number which has been assigned indicating the Bidder is Iicensed to do business in the State of Washington are as follows: Finn Name: Tiger Construction, Ltd. Address: 6280 Everson Goshen Rd. Telephone: Everson, WA 982 360-966-7252 Contractor's WA Registration Number: TIGERCL121MA Contractor's WA UBI Number: 601-090-108 Contractor's WA Employment Security Department Number: 650767 00 7 Contractor's WA Excise Tax Registration Number: 601, 090-108 The Firm submitting this proposal is a: Sole Proprietorship Partnership x Corporation The names and titles of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows: Ken Isenhart President Steve Isenhart Vice President Marsha Isenhart Secretary NOTE: Signatures of this proposal must be identified above. Failure to identify the Signatories will be cause for considering the proposal irregular and for subsequent rejection of the bid. Yew Street Road Phase I1— Pedestrian Actuated Crosswalk Signal, CRP 998001 19 197 BID PROPOSAL SIGNATURE AND ADDENDUM ACKNOWLEDGMENT The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. The undersigned hereby agrees to pay labor not less than the prevailing rates of wages or less than the hourly minimum rate of wages as specified in the Specifications and Conditions for this project. CASH ❑ IN THE AMOUNT OF CASHIER'S CHECK ❑ DOLLARS ($ ) CERTIFIED CHECK ❑ PAYABLE TO WHATCOM COUNTY PROPOSAL BOND 0 IN THE AMOUNT OF 5% OF THE BID Receipt is hereby acknowledged by addendum(s) No.(s) I , & SIGNATIJRI; OF AUTnO RIZED ( FICI I(S) (PROPOSAL MUST BE SIGNED) Ken Isenhart _ (Seal) FIRM NAME: Tiger Construction, Ltd. STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) On this 12th day of June _ , 2012, before me personally appeared Ken Isenhart to me personally known to be the person described in and who executed the above instrument and who acknowledged to me the act of signing thereof r' NOTARY PUBLIC, in and for the State of Washington, residing at: My Commission Expires: Y /1-01 io l l; This proposal form is no't,.tf"tinsferable and.,dny alteration of the -fiiim's name entered hereon without prior permission froim �y.iiatcalrtCounty will be cause for considering the proposal irregular and for subsequent rejection of the bid. Yew Street Road Phase i1— Pedestrian Actuated Crosswalk Signal, CRP 998001 20 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-238 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. 5/24/12 E C E I" M E D J U L 0 2 2012 7/10/12 Fin/Council Division Head: Dept. Head: Prosecutor: WHATCOM COUNTY COUNCIL Purci,asin /Bud et: 5/24/12 Executive: 11A 1I i-- TITLE OF DOC . Purchase of Two Long Arm Rotary Boom Mowers 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 Equipment Services is requesting approval to use the Washington State Contract for the supply of two replacement long arm rotary boom mowers that are due to be retired. The vendor is Washington Tractor. The total cost is $148,240.52. This is a planned purchase and adequate funds available in the ER&R budget. 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. 199 WHATCOM COUNTY ADMINISTRATIVE SERVICES CGGM CO `L9SHING�0 FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager DATE: 24 May 2012 TO: Jack Louws, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Purchase of Two Long Arm Rotary Boom Mowers ■ Background & Purpose Public Works Equipment Services is requesting approval to use the Washington State Contract to purchase two long arm rotary boom mowers that are due for replacement. �:"�.u': �5`l � �v��'X`�.'� G .�.� s �� :i:, �'} :•��i+.r� vLYe"� w .�''�i"iv Z�:.'�i�k r� £�:u s7°.."�..m-.s—�t�`� ��' ��' '�' . Washington Tractor 2012 Alamo Maverick 24 57,848.70 11,864.70 $148,240.52 The vendor is Washington Tractor. The total cost is $148,240.52. ■ Funding -this is a planned expenditure. The funds for this purchase are in the current ER&R budget. I concur with this request. Z44� '40ye — Admin. Services Finance Manager Approved as recommended: County Executive Date of Council Action 200 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM 901 W. Smith Road Bellingham, WA 98226-9610 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 Jeff Gollen, PW Maintenance & Operations Superintendent RE: Washington State Bid Contract #08506 (2012 Commercial Mower) DATE: May 17, 2012 ■ Requested Action After researching the costs for commercial mowers, I am requesting Executive and Council approval to purchase two 2012 Alamo Maverick 24 long arm rotary boom mowers from the Washington State Bid Procurement List to replace the following: M&O 512 1994 Alamo Mower 7,017.0 M&O 540 2003 US Mower Rotary Mower 7,002.0 ■ Background and Purpose These units were approved as replacements in the 2011-2012 Equipment Rental and Revolving Capital Equipment Budget. As mentioned in our request for two tractors which was approved and awarded at the March 13, 2012 Whatcom County Council Meeting, this is the subsequent request for the replacement of the two associated mower heads for those two replacement tractors. The above listed department will use these units in the performance of county business. ���' � .`(µ5'y'�� ���k ���� 3"� i hg �v^N' it' ��•�' tS i ���'�41'yF' )9 �S[:r� .� � � K ��-,+v '� �`y"3 a'.f)` ��. m Washington Tractor, Inc. / Alamo Industrial 2012 Alamo Maverick 24 Lynden, WA Long Arm Rotary Boom Mower $ 57,848.70 $ 11,864.70 $ 148,240.52 ■ Funding Amount and Source This amount was budgeted during the 2011-2012 Budget process. I am requesting Executive and Council approval to purchase these units with a 17% discount off the list price from the Washington State Bid Procurement List for the base price of $57,848.70 per unit for a total of $136,375.82 for two units plus sales tax of $11,864.70, for a total of $148,240.52. These units will be purchased from the state contract vendor of Washington Tractor, Inc. in Lynden, Washington via Alamo Industrial. Please approve this purchase from the state contract and forward to the Executive and the Whatcom County Council for approval at the June 5, 2012 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607 or Jeff Gollen at extension 50660, if you have any questions or concems. Encl. 201 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-239 CLEARANCES Initial I Date originator: 6/28/12 Division Head: Dept. Head. - Prosecutor: Executive: TITLE OF Date Received in Council JUL 02 2012 WHATCOM COUNTY 6/28/12 COUNCIL C 7I o2// Approval to Purchase Radar Actuated Speed Signs ATTACHMENTS: Memos from Finance and the Public Works Date I Assigned to: Fin/Council 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 is requesting approval to purchase 5 radar actuated speed signs for a traffic calming project on Haxton Road. The vendor, Information Display Company has been declared a sole source and the total cost for five signs is $41,955.00. This is a planned project and funds were approved in the current budget. 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. 202 WHATCOM COUNTY ADMINISTRATIVE SERVICES DATE: 28 June 2012 TO: Jack Louws, County Executive FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Purchase of Radar Speed Signs BACKGROUND Public Works is requesting approval to purchase five radar -actuated solar -powered speed signs. These will be installed at specific sites along Haxton Way from Slater Road to Smokehouse Road as part of Lummi Island Ferry Lease as a traffic calming measure. The vendor is Information Display.Company and they have been declared a sole source for this specific model of sign. The total cost for five signs is $4.1,955.00. FUNDING Funds for this purchase are available in the current Public Works budget under item 35 of the 2012 Road Construction Program, Neighborhood Traffic Calming, CRP 912016. I recommend approval. County Executive Date of Council Action Brad Bennett, Admin. Services Finance Manager 203 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director 9$NINGt MEMORANDUM JOSEPH P. RUTAN, P.E. County Engineer/Assistant Director 322 N. Commercial St., Suite 301 Bellingham, WA 98225-4052 Phone: (360) 715-7450 Fax: (360) 715-7451 To: Brad Bennett, Finance Manager Through: Frank M. Abart, Director From: Joseph P. Rutan, P.E., County Engineer/Assistant Director/b/ James P. Karcher, P.E., Engineering Manager ;;Zpk. Date: June 26, 2012 Re: Neighborhood Traffic Calming Projects; CRP No. 912016 Recommendation for Award — Five (5) Radar Actuated Speed Signs As part of the Lummi Island Ferry Lease with the Lummi Nation, Public Works has been tasked with implementing traffic -calming measures along Haxton Way. Specifically, the Lummi Nation has requested that five (5) radar -actuated, solar -powered speed signs be installed at specific sites along Haxton Way, from Slater Road to Smokehouse Road, to increase safety and speed awareness along the corridor. Public Works recommends the sole -source purchase of five (5) radar -actuated, solar -powered speed limit signs from Information Display Company at a total of cost of $41,955 which includes sales tax and delivery. The quote is attached to this memorandum, and a previous memo addressed the merits of a sole -source purchase. Sufficient Local Funds for this project are included under Item No. 35 of the approved 2012 Annual Road Construction Program, "Neighborhood Traffic Calming; CRP No. 912016". Please contact Jim Karcher at extension 50633, if you require any further information regarding this issue. Attachment: Quote from Information Display Company 204 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-240 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator 6/21/12 E E O V E D L O 2012 7/10/12 Fin/Council Division Head:- Dept. Head.' Prosecutor. WHATCOM COUNTY COUNCIL Purchasing/Budget 6/21/12 -7 a.1/ Executive: / TITLE OF DO Bid 12-54 Playground Equipment for Hovander Park ATTACHMENTS: Memos from Finance and Parks SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (if this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The Parks & Recreation Department is requesting approval to award the bid for supply of playground equipment for Hovander Park. Two bids were received and Parks would like to award to the lowest responsive bidder that met all the specifications, PlayCreation in the amount of $74,789.44. This is a planned project and funds were approved in the current budget using REET II funds, ASR 2011-4211. 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. 205 WHATCOM COUNTY ADMINISTRATIVE SERVICES DATE: 21 June 2012 G.-?M G7' �9Sh1 NG�G[, FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager TO: Jack Louws, County Executive FROM: Brad Bennett, AS Finance Manger SUBJECT: Award of Bid 12-54 Playground Equipment for Hovander Park ■ Background & Purpose Bids were playground equipment at Hovander Park. Two bids were received on Tuesday June 12. Only one bid met specifications. The Park Department is requesting approval to award the bid to the lowest responsive bidder, PlayCreation for a total amount of $74,789.44. ■ Funding This is a planned project and funds were approved in the current budget using REET II funding, ASR 2011-4211. I concur with this recommendation. AS Finance Manager Approved as Recommended: County Executive Date of Council Action 206 WHATCOM COUNTY Michael G. McFarlane, Director Parks & Recreation Erik Axelson, Parks Operations Manager 3373 Mount Baker Highway Bellingham, WA 98226-9097 qu MEMORANDUM TO: Brad Bennett, Finance Manager FROM: Michael McFarlane, Director of Parks & Recreation DATE: June 19, 2012 RE: Hovander Playground Bid (Bid No. 12-54) On Tuesday, June 12, 2012 two bids were received in response to Whatcom County Bid #12-54, Playground Equipment for Hovander Homestead Park, and only one satisfied the required specifications (see attached memorandum dated June 14, 2012). P1ayCreation met all the required playground specifications for this project. I am recommending that the bid totaling $74,789.44, which includes 8.5% Washington State Sales Tax, submitted by P1ayCreation be accepted. Funding for this bid was approved in the current budget cycle with REET 2 funding through ASR 2009-4211— Hovander Playground / Day Use. If you need any additional information, please contact Rod Lamgb at extension 31727 207 WHATCOM COUNTY Parks & Recreation 3373 Mount Baker Highway Bellingham, WA 98226-9097 MEMORANDUM TO: Michael McFarlane / Erik Axelson FROM: Rod Lamb, Parks & Recreations/ DATE: June 14, 2012 Michael G. McFarlane, Director Erik Axelson, Parks Operations Manager RE: Hovander Playground Equipment Bid Evaluation (Bid 12-54) After evaluating the two bid responses for the playground at Hovander Park,1 am recommending that Play Creation be awarded the contract for supplying new playground equipment for Hovander Homestead Park. My recommendation is based on a two step evaluation. First, conformity to the minimum requirements specified in the bid documents, and second a numeric score of the manufacturers play components in terms of perceived play value. Play Creation's product offering ranked higher than that of Northwest Playground Equipment (score sheets are attached) and meets the minimum requirements specified in the bid documents. I've reviewed submittal prepared by Northwest Playground Equipment and have detennined that it does not meet the minimum requirements specified in the bid documents. The list below is a sample of some of the noted deficiencies. Playground Design Characteristics: The specifications describe a product that resembles a realistic "Kid Engineered tree house" theme. The submitted product does mimic a simulated wood structure, but it doesn't include a simulated tree trunk, logs with "raised grain" timber planking, or a chain ladder made from recycled wood planking as specified. Minimum Acceptable Materials and Components: 1) The specifications require a minimum of 80 mils of slip resistant coating be applied to all deck and step surfaces. The submitted product proposes 45 to 55 mils on the wear surfaces of all coated parts and 30 mils on other surfaces. 2) The specifications require that deck surfacing contain no surface hole openings be larger than 5/16" (0.3125 inches). The submitted product proposes 0.34 inch perforations. 3) The specifications require an average powder coat film thickness of 6 mils_ The submitted product proposes a powder coat thickness of to 5 mils. 4) Glass Fiber Reinforced Concrete (GFRC): The specifications require that the tree trunk and animal castings be made of GFRC. The submitted product does not include the specified item. 5) Fall Protection Matet•ial: The specifications require that the Bidder provide an estimate of the total volume and cost of fall protection material in suggested design layout. The Bidder did not include such an estimate in the submitted material. If you have any questions or need additional information regarding this recommendation please contact me. Thank you. WHATCOM COUNTY COUNCIL AGENDA BILL No. AB2012-241 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator., 6/28/12 n 12 7/10/12 Fin/Council Division Head: L� V E D Dept. Head. JUL 0 2 2012 Prosecutor WHATCOM COUNTY Purchasin /Bud et: 6/28/12 COUNCIL Executive' % /7, // a2.— TITLE OF DO Award Bid 12-44 Replace Two Water Heaters ATTACHMENTS: Memos from Finance and the Facilities Management 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.) Facilities Management is requesting approval to award Bid 12-44 and enter into a contract for the replacement of two water heaters with condensing boilers. The low bidder is Andgar Corporation and the total cost is $36,294.93. This is a planned project and Facilities Management has adequate funds in their budget. 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. 209 c V'^ WHATCOM COUNTY ADMINISTRATIVE SERVICES DATE: 28 June 2012 FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager TO: Jack Louws, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Bid 12-44 Award, Replace Two Water Heaters BACKGROUND Bids were advertised for the replacement of two water heaters with new condensing boilers in the Courthouse. Three responses were received on Wednesday March 23 and are noted below. Ue,ir BaS� Bid._ptl Andgar Corporation 33,390.00 2,904.93 36,294.93 Blythe Plumbing & Heating 38,575.00 3,356.03 41,931.03 Diamond B Constructors 39,100.00 3,401.70 42,501.70 Facilities Management is requesting approval to award the bid and enter into a contract with the low bidder, Andgar Corporation in the amount of $36,294.93. FUNDING This is a planned project and funding was approved in ASR 2011-4771 for $32,000. The balance will come from Facilities regular repair budget. recommend approval. County Executive Date of Council Action Brad Bennett, Admin. Services Finance Manager 210 WHATCOM COUNTY ADMINISTRATIVE SEVICES Whatcom County Courthouse 311 Grand Ave, Suite 108 Bellingham, WA 98225-4083 MEMO TO: Brad, Bennett, Finance Manager FROM: Michael Russell, Facilities Manager DATE: June 26, 2012 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 RE: Recommend to Accept Bid Award #12-44 — Replace Two Condensing Boilers On Wednesday, March 23, 2012 three bids were received in response to Whatcom.County Bid #12-44, Replace Two Condensing Boilers. The following bids were received: Base Bid ✓ Andgar Corporation in the amount of: $36,294.93 ✓ Blythe Plumbing & Heating in the amount of. $41,931.03 ✓ Diamond B Construction in the amount of: $42,501.70 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 $36,294.93 submitted by Andgar Corporation be accepted. Funding for this project is provided from: ASR #2011-4771 2011-2012 current Budget $32,000 We will pay for the difference of $4,294.93, out of our current repairs and maintenance budget. If you need additional information, please contact me at extension 50575. 211 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-242 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Kw 06107112 n fl'la C E 9 V E D JUL 0 2 2012 WNATCOM COUNTY COUNCIL 7/10/12 Finance/Council Division Head: �h [,2, Dept. Head.' (0ho Prosecutor: Purchasing/Budget: t2 Executive: %/-z /-,— TITLE OF DO NT. Resolution Ordering the Cancellation of Checks More than Two Years Old Whatcom County Jail Inmate Trust Fund Outstanding Checks ATTACHMENTS. Above mentioned resolution and list of unreturned checks. SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO Requested Date. SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: The attached resolution will allow Administrative Services and the Treasurer's Office to cancel the enclosed checks listed in Exhibit A and enable them to report and remit those funds to DOR Unclaimed Property Division. 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. 212 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: RESOLUTION NO. ORDERING THE CANCELLATION OF CHECKS MORE THAN TWO YEARS OLD WHEREAS, RCW 63.29.130, states that property held by courts and public agencies that remains unclaimed by the owner for more than two years is presumed abandoned; and, WHEREAS, the Whatcom County Sheriff's Office/Jail has provided a list of inmate trust fund checks that were issued prior to 12-31-09 and never presented or claimed by the owner. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that Administrative Services Finance and the Treasurer's Office are directed, pursuant to RCW 63.29, to cancel the checks listed in Exhibit A, and to report and remit those funds to DOR Unclaimed Property Division. APPROVED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: Civil Deputy P o cutor 2012. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair 213 u \ » z 0 \ 0 0 ¢ I ■ 0 z z \ C) LL ro �Qƒ >\ /03 z / U) 0 o � § Of o \ 2 2 \ ± \ @ a \� 2u0 0 > n2� . a � kkkk k P 'aEk & � u � ■ � e @\$ � _ k met a) /� $ $ \2� k kL) C cm a CD § @CD E$ e --� �$Lk �n_LO oo00_ E � u°aka N � p\ \�� � okE C14 fEƒ U ) 33>I _ 12 ® k um2 0 ƒqC « o z�G C) E � kkMa �R S� § < 0 6 _ D 0 Eo < k#/\\ S GGG 214 ƒ � Whatcom County Jail Bellimgham Washington Inmate Trust Fund Account Year 2009 - Unclaimed Checks Check No Date Issued Amount Inmate ACTFAS Account # Name 050889 7/28/2009 $0.06 01887659 ABALO, DAPHNIE ANNE 051225 6/29/2009 $0.97 01891995 ACKERMAN, MICHAEL RONALD WILLI 050789 6/2/2009 $6.22 01891797 ADAMS, JAMES GARNET 049822 4/4/2009 $0.08 00225520 ADAMS, NICHOLAS WILLIAM 053811 12/29/2009 $0.21 01890219 AHASTEEN, MELANIE 052705 10/11/2009 $103.50 01892854 AHMED, ABDURAHAM 048966 2/8/2009 $1.17 00021461 ALDREDGE, EUGENE EDWARD 052229 9/11/2009 $0.10 00223812 ALEXANDER, JOHNNY NARVELL 050463 5/10/2009 $9.49 01891664 ALI,, NAZMIN NISHA 049263 3/14/2009 $1.61 00222366 ALLAN, CASSONDRA MARINDA 053634 12/21/2009 $0.69 00001296 ALLINSON, CHRISTOPHER NEIL 052990 12/23/2009 $0.03 00221285 ALONSO, ARIEL ANDRES 052950 12/3/2009 $0.47 01888831 ALONZO, PRESTON SCOTT 051818 8/9/2009 $14.27 00001333 ALVARADO, CANDELARIO 048971 2/10/2009 $1.33 00017061 ALVARADO, ROSALIO 051876 8/16/2009 $0.56 01892459 ALVAREZ, JOSE LUIS 052486 11/2/2009 $0.20 00028869 ALVAREZ, LISA ANTONIA 052510 10/1/2009 $2.99 01892776 AMADOR, KAREN ELIZABETH 051112 6/16/2009 $0.08 01890713 AMADOR, OMAR ALEXANDER 050764 5/31/2009 $1.87 01891823 AMES, NICOLE 049283 3/20/2009 $1.87 00001575 ANAYA, RUBEN 050861 7/17/2009 $0.98 00001575 ANAYA, RUBEN 051992 8/28/2009 $0.24 00225456 ANDERSON, ANTHONY MICHAEL 049376 3/4/2009 $0.01 00028808 ANDERSON, BRITT AUGUSTUS 049991 4/11/2009 $3.48 00031111 ANDERSON, ERIK KRISTIAN 051871 8/15/2009 $2.00 01892449 ANDERSON, GAIL PHYLLIS 049659 3/21/2009 $3.08 01887435 ANDERSON, JACOB SAMUEL 050106 4/12/2009 $7.26 01887435 ANDERSON, JACOB SAMUEL 050795 6/3/2009 $0.16 01887435 ANDERSON, JACOB SAMUEL 051256 7/2/2009 $0.80 00221391 ANDERSON, RAMON DOUGLAS 049656 3/21/2009 $11.00 01888845 ARCHULETTA, CODY JAMES 052982 12/21/2009 $0.56 00001634 ARMSTRONG, LEWIS DEAN 053410 12/8/2009 $0.15 00029194 ARNOTT, DAIN AUSTIN 049180 2/23/2009 $0.37 01891072 ARRINGTON, MICHAEL ANTHONY 052046 9/3/2009 $2.20 01892580 ASHENFELTER, ADAM CHRISTOPHER 053136 11/17/2009 $0.90 01888124 ASHTON, JESSICA ANGELICA WATSO 049298 3/25/2009 $1.03 00021552 ATWELL, NATHANIEL ALAN 048908 1/19/2009 $0.18 01887862 BAKKEN, BRIAN MOAMMAR 052851 10/27/2009 $1.31 01892933 BALLEW, DESHONNA KIM 050887 7/28/2009 $0.28 00026300 BALLEW, RONALD DUANE 051969 8/26/2009 $0.05 00021574 BALLINGER, NIKOLAS GEORGE 052709 10/12/2009 $0.25 01892855 BARAJAS, JUAN R 048776 2/5/2009 $0.18 01889670 BARCLAY, SARA JANE 050275 5/2/2009 $4.00 00222441 BARKER, EDWARD 053097 11/12/2009 $3.56 00036548 BARNES, JERRY LAMAR 053076 11/10/2009 $0.94 01888147 BARTOK, MICHELLE KATHLEEN 050308 5/12/2009 $3.75 00225973 BATASTINI, NICHOLAS L 050307 5/12/2009 $0.75 01890245 BA"rISTE, REGINALD BERNARD 049209 2/25/2009 $0.49 00221889 BELOUS, SERGEY ALEKSANDOROVICH 052814 10/24/2009 $0.05 01887131 BENJAMIN, NATHAN DAVID 048636 1/25/2009 $0.52 00024276 BENSON, TODD ALLEN Page 1 215 Whatcom County Jail Bellimgham Washington Inmate Trust Fund Account Year 2009 - Unclaimed Checks Check No Date Issued Amount Inmate ACTFAS Account # Name 048523 1/15/2009 $1.00 00021675 BERG, KAARE MICHAEL 053695 12/28/2009 $5.30 00036864 BERRY, CHRISTINA MARIE 050686 5/23/2009 $0.04 00221204 BERRY, TIMOTHY TYLER 050287 5/3/2009 $1.56 00227396 BEUTHER, GEORGE LEONARD 049440 3/9/2009 $0.36 01888851 BEZONA, APRIL NICOLE 053224 11/30/2009 $0.26 00036665 BIDWELL, JOHN TODD 053403 12/7/2009 $1.33 00223230 BIERSCHENK, JAASON AARNO 048804 2/8/2009 $1.51 01890969 BIRKINSHAW, MICHAEL J 049339 2/28/2009 $0.14 00221488 BLAKE, JONATHAN ANDREW 051802 8/7/2009 $5.68 00021614 BLANCO-MARTINEZ, LEONARDO 050967 6/11/2009 $0.45 01891908 BLANKENSHIP, THOMAS DEWAYNE 048561 1/20/2009 $0.92 00021619 BLISS, IAN TOMIE STEPHAN 049238 3/7/2009 $0.49 00021619 BLISS, IAN TOMIE STEPHAN 048896 2/15/2009 $1.29 00013560 BLONDEN, RENA LEE 048599 1/22/2009 $4.19 01890841 BLUE, WILLIAM ERNEST 048868 2/12/2009 $0.74 00021626 BOB, MABEL RAEANN 053486 12/17/2009 $1.06 00036615 BOILER, PHELIM THOMAS 050314 5/13/2009 $0.16 01891588 BOLLINGER, AMBER RAE 051993 8/28/2009 $0.47 01891563 BOND, RUSSELL WAYNE 049229 3/3/2009 $0.07 01887955 BOSSCHER, KYLE HERMAN 052368 9/26/2009 $1.00 01892745 BOUCHARD, ZACHARY MICHAEL 053154 11/18/2009 $0.71 00031201 BOVENKAMP, JEFFREY JAMES 050197 4/21/2009 $2.78 00021655 BOWE, JESSE KURTIS QUINN 050424 5/6/2009 $0.23 00021662 BOWERS, ADAM DAVID 052788 10/21/2009 $0.11 01887654 BRANDENBURG, JOSEPH SCOTT 049444 3/9/2009 $2.56 00032623 BRANDT, HENRY CHARLES 052424 10/1/2009 $0.44 00032623 BRANDT, HENRY CHARLES 050399 6/17/2009 $0.25 00021653 BRAXTON, JASON PAUL 049625 3/17/2009 $0.31 01890552 BRESNAHAN, BRENDON THOMAS 053207 11/25/2009 $0.33 00025462 BRIONES, JOEY MICHAEL 052759 10/18/2009 $0.60 01892891 BROCK, QUINT CASEY 049880 4/30/2009 $1.00 01889081 BROWN, DAVID WILSON 051412 7/17/2009 $0.16 01889156 BROWN, ELIZABETH ANN 052972 12/14/2009 $1.18 01889156 BROWN, ELIZABETH ANN 050860 7/17/2009 $0.60 01890418 BROWN, KEVIN DEAN 050862 7/18/2009 $0.51 01891864 BROWN, PATRICK MARION 053198 11/24/2009 $0.10 01891864 BROWN, PATRICK MARION 052949 12/2/2009 $0.12 00024332 BUCHHOLZ, JACOB BRYAN 048929 1/25/2009 $1.23 00033145 BUFORD, MARILYN ALICE 050202 4/22/2009 $0.35 00221141 BUNTON, JACK ARTHUR 052885 10/30/2009 $1.56 00025588 BURCH, LAUREN D 048593 1/21/2009 $2.56 01888600 BURKHOLDER, TIFFANY LOUISE 051531 8/17/2009 $0.12 00021812 BURRECE, DANNY RAY 048544 1/17/2009 $2.44 01887769 BUSCH, JOSEPH ROBERT 053059 11/8/2009 $0.04 00221134 BYARS, WILLIAM RONALD 050224 4/24/2009 $1.93 00227180 CABE-KARPER, CHANTEL RENE 049633 3/17/2009 $0.16 00021861 CAGEY, CLARENCE MONTY 052206 9/10/2009 $12.56 00021865 CAGEY, CURTIS MARI"IN 051829 8/10/2009 $0.40 01889714 CALDERWOOD, ROBERT A 052560 10/8/2009 $0.12 01889714 CALDERWOOD, ROBERT A 051543 8/25/2009 $0.08 01892328 CALDWELL, CARLY ANN Page 2 216 Whatcom County Jail Bellimgham Washington Inmate Trust Fund Account Year 2009 - Unclaimed Checks Check No Date Issued Amount Inmate ACTFAS Account # Name 051291 7/6/2009 $2.07 01892107 CALONITA, KENDRA LYNN 050604 5/14/2009 $0.21 00033241 CAMACHO, RAYMOND FELIX 048924 1/24/2009 $0.22 01889812 CAMPBELL, STUART CRAIG 048772 2/5/2009 $0.18 00003675 CARLSON, JARRAD HAROLD 048789 2/6/2009 $0.02 00225739 CARON, GERALD ROBERT 049284 3/20/2009 $2.77 00225739 CARON, GERALD ROBERT 053214 11/27/2009 $7.00 00036627 CARPENTER, BROOKS D 052926 11/14/2009 $0.58 01888589 CARPENTER, MICHAEL BOWEN 050969 6/11/2009 $55.00 01891904 CARRILLO-BANUELOS, JESUS E 050319 5/15/2009 $30.10 01889678 CARTER, CATHERINE ALEXIS 053260 12/2/2009 $0.70 00021752 CASIMIR, VEDA FLORENCE 052487 11/2/2009 $0.40 01890760 CASTILLO, MARIA MAE 050222 4/24/2009 $5.01 01891519 CATCHINGS, ROBBIE 052479 10/29/2009 $2.00 01891100 CAUGHELL, MICHAEL GREGORY 051966 8/25/2009 $2.56 01892511 CERDA-ROBLES, RAYMUNDO 048941 1/30/2009 $0.91 00026632 CHANCE, CHERYL ANN 048922 1/23/2009 $0.06 00222665 CHANDLER, RALPH EDWARD 051526 8/14/2009 $0.06 00222665 CHANDLER, RALPH EDWARD 051174 6/22/2009 $1.22 00033595 CHARLES, RAY 050262 4/30/2009 $0.46 01891584 CHAVEZ, CRISTINA JOANNE 048956 2/5/2009 $0.62 01890772 CHEEMA, GURJODH SINGH 052406 9/25/2009 $0.30 00004119 CHIN, THERON GOW 049420 1/8/2009 $1.61 01887166 CHRISTENSEN, HANNAH E 051215 6/27/2009 $0.90 01892041 CHRISTENSON, KEITH DOUGLAS 052456 10/19/2009 $0.94 01888072 CHRISTION, MAURICE ANTON 050951 6/10/2009 $0.61 00001231 CLADOOSBY, FRANKLIN ALEXANDER 053297 12/6/2009 $10.00 00036705 CLARK, KRISTOPHER MICHAEL 051914 8/20/2009 $0.05 00221650 CLARK-EL, RANDOLPH CARTIER 050471 5/11/2009 $0.19 00001934 CLEMMER, DARRYL ERIC 050318 5/15/2009 $0.17 00035070 CLIFFORD, ONIKA FRANCIS 049324 2/27/2009 $3.56 01891101 COCHRAN, JERRY ADAM 052839 10/26/2009 $4.23 01891101 COCHRAN, JERRY ADAM 052978 12/20/2009 $0.36 01891446 COLLINS, MICHAEL GEORGE 048912 1/20/2009 $0.52 00033684 COOKE, ALLEN RICHARD 051814 8/9/2009 $1.57 00221169 COOKE, CECIL CARL 049371 3/3/2009 $0.61 00223755 COOKE, LUCY MATILDA DANIELL 051781 8/6/2009 $0.09 00223755 COOKE, LUCY MATILDA DANIELL 052935 1 11/21/2009 $0.82 00033455 COOKE, TONY GENE 049240 3/7/2009 $0.71 01887562 COOPER, DANIELLE ALEXA 049297 3/25/2009 $0.07 00030582 COOPER, GEORGETTE GEE 050757 5/30/2009 $0.46 00225978 COOPER, JASON WAYNE 050824 6/28/2009 $0.59 01887395 COOPER, RICHARD ALLEN 053133 11/16/2009 $1.00 01887656 COOPER, SHANNON MICHAEL 051710 7/29/2009 $0.10 01887283 COPELAND, ARNOLD LEE 051857 8/13/2009 $8.00 01892431 COPLIN, KENNETH BRUCE 049111 2/17/2009 $0.20 00226467 CORN, JAMES JEDIDIAH 053121 11/16/2009 $0.23 01892981 CORNISH, SHERRYL 049840 4/12/2009 $3.65 00022221 COSSETT, KIRK DAVID 049225 3/3/2009 $0.52 01890161 COURTNEY, JOSEPH KEITH ALLEN 050677 5/22/2009 $0.57 00021867 COURTNEY, JOSEY FAY 053194 11/24/2009 $0.81 01892939 COVENTRY, NICHOLAS ULRICH Page 3 217 Whatcom County Jail Bellimgham Washington Inmate Trust Fund Account Year 2009 - Unclaimed Checks Check No Date Issued Amount Inmate ACTFAS Account # Name 053602 12/18/2009 $1.00 00227378 COVERT, MICHAEL LLOYD 051199 6/26/2009 $0.18 00225601 CRABTREE, TARA WREATHIER 048987 2/19/2009 $1.17 01890536 CRAIG, CHARLES J CRAIG, WILLIAM RUSSELL 049257 3/11/2009 $1.50 00004805 052914 11/11/2009 $0.39 00224355 CRANDALL, CAITLIN CASS 049952 4/7/2009 $1.06 01889152 CREDIFORD, SARAH ELIZABETH 051597 9/21/2009 $0.08 01889152 CREDIFORD, SARAH ELIZABETH 051417 7/19/2009 $0.52 $0.60 00030126 CUNANAN, NICHOLAS RABANG 049982 4/10/2009 00030334 CUNNINGHAM, DANIEL STOLE 053815 12/30/2009 $4.09 01888679 CURRY, RANDALL GRAHAM 051310 7/5/2009 $6.20 01892115 DAHOUD, LYNDA MARIE 050303 5/10/2009 $0.97 01887933 DAKHIN, SOYLIN 051976 8/27/2009 $0.08 00005089 DALE, ALEXANDRA MARGOT GEORGIA 053113 11/14/2009 $6.00 00036564 DANIEL, BRANDON PAUL 052803 10/23/2009 $17.50 01892930 DARNELL, WARREN STRATFORD 049329 2/28/2009 $1.01 00031216 DART, JASON PAUL 051833 8/11/2009 $0.10 00225070 DAVENPORT, ANTHONY WADE 053478 12/15/2009 $0.60 00225070 DAVENPORT, ANTHONY WADE 051124 6/17/2009 $0.45 00224406 DAVIS, GARRETT ALLEN 052338 9/23/2009 $0.75 01891115 DAVIS, JASON BENJAMIN LEE 049464 3/11/2009 $0.75 01891199 DAVIS, JASON MATTHEW 051279 7/4/2009 $5.00 01890673 DAVIS, SEAN MICHAEL 051403 7/17/2009 $0.15 01890673 DAVIS, SEAN MICHAEL 052583 10/9/2009 $0.38 01892825 DAWKINS, MAXIMILIAN 048905 1/18/2009 $3.00 01890798 DELANEY, KRISTINA 052455 10/19/2009 $0.17 00029882 DELEON, JERRY 052427 10/2/2009 $1.15 00030683 DELGADO, SAMUEL JAMES 049465 3/11/2009 $4.00 01891197 DELRIO, ISAAC HERNANDEZ 051114 6/16/2009 $0.90 01891962 DEVAN, NANETTE RENEE 051728 7/31/2009 $0.11 01891103 DHADDA, SUKHJIT SINGH 049678 3/23/2009 $1.25 01891284 DILLS, DANIEL STEWART 051960 8/25/2009 $21.56 00224456 DILORENZO, SALVATORE JACOB 049121 2/17/2009 $10.00 01891034 DOBIS, MARCELLA 051953 8/24/2009 $2.56 01892512 DODSON, LEROY EARL 050392 6/12/2009 $1.00 01891921 DOUGLAS, CODY ALAN 050867 7/19/2009 $0.21 01889636 DOWLING, MARLENE YVONNE 050391 6/11/2009 $1.10 00227200 DOWNWARD, SAMUEL CHRISTOPHER 049313 2/25/2009 $0.42 01891085 DOWREY, KRIS -FEN NICOLE 053125 11/16/2009 $6.56 00036565 DOZMATI, GRANT MICHAEL 052518 10/2/2009 $0.45 00022000 DRAFS, TIMOTHY BLAIR 051359 7/12/2009 $1.00 00030742 DRISKILL, ROBERT DALE 051766 8/4/2009 $0.26 00022006 DUBAY, JAMES PATRICK 052980 1 12/20/2009 $0.12 00022012 DUBOIS, CHRISTOPHER PRESTON 051453 7/23/2009 $1.32 01892259 DYKSTRA, JODY M 049226 3/3/2009 $1.30 00225047 EMANUEL, ALVA 048939 1/30/2009 $1.67 00026229 EMERY, JAYSON LEVI 050201 4/22/2009 $0.11 01888798 ERICKSON, COLHANE KEITH 050209 4/23/2009 $0.33 01890047 FAJARDO, EDGAR 052925 11/14/2009 $0.03 00035607 FARMER, CODY EUGENE 052952 12/3/2009 $0.29 01890027 FARMER, KEVIN ANDREW 053036 11/4/2009 $0.50 01892544 FERNANDO, JERRY N Page 4 218 Whatcom County Jail Bellimgham Washington Inmate Trust Fund Account Year 2009 - Unclaimed Checks Check No Date Issued Amount Inmate ACTFAS Account # Name 052904 11/7/2009 $0.81 01887422 FERRY, SKYLOR ALLEN 051776 8/5/2009 $0.02 01887494 FETSCH, GREGREY SCOT 052551 10/6/2009 $0.77 01888323 FIGUEROA, VICTOR MANUEL 048942 1/30/2009 $0.01 00022110 FINKBONNER, RONALD FRANK 049789 4/2/2009 $0.67 00006763 FLORES, JAVIER 050118 4/13/2009 $0.15 01891456 FLORES, RAYMOND 050815 6/26/2009 $0.50 01887101 FOOTE, JOHN FERDINAND 053179 11/23/2009 $0.38 01888544 FOOTE, JOSEPH ADAM 050804 6/20/2009 $0.85 01890935 FORD, TYLER COLLIN 051590 9/16/2009 $0.02 00032059 FOX, GREGORY GRANT 048701 1/30/2009 $0.46 01887706 FOX, HARVEY WILLIAM 052234 9/ 13/2009 $0.46 01892652 FOX, J E N N I F E R RAE 053624 12/21/2009 $3.16 00036816 FOY, JUSTIN EDWARD GEORGE 049138 2/18/2009 $0.24 00036246 FRANCIS, BRENT SCOTT 050246 4/29/2009 $5.00 01891579 FRANKLAND, KEVIN LEE 050643 5/18/2009 $5.00 01891719 FREDERIKSEN, JEREMY JAY 053457 12/14/2009 $0.27 00007113 FREEMAN, CALE MARTIN 050995 6/14/2009 $0.26 01891947 FRYE, ELIZABETH ANNE 052467 10/24/2009 $0.08 00227066 FULLER, NATHAN CRAIG 052934 11/21/2009 $0.08 00028602 GABRIEL, DANIELLE RENEE 053812 12/30/2009 $12.85 00036881 GALE, CHAD MARK 049372 3/3/2009 $0.56 00223081 GALLOWAY, PAUL MARTIN 052224 9/11/2009 $0.85 01887140 GAMBLER, ALVIRA ELIZABETH 052587 10/9/2009 $1.00 01892826 GANN, DEREK 048981 2/17/2009 $0.22 00035973 GARCIA, BENJAMIN 048669 1/27/2009 $0.42 01890681 GARCIA, JAIME CECENA 052380 9/28/2009 $1.71 01892742 GARCIA, VICKI L 052209 9/10/2009 $0.05 01892628 GARDING, BENJAMIN D 051231 6/29/2009 $0.25 00032247 GARDING, JAMES PATRICK 048613 1/23/2009 $0.18 00035646 GARNER, NICKLESS DEWAIN 051468 7/26/2009 $1.12 01892290 GARR, RYAN WILLIAM 053262 12/2/2009 $0.78 00036605 GARZA, FABIAN LUKE 051437 7/22/2009 $0.91 00030485 GARZA, FELIX 052007 8/30/2009 $1.34 00035690 GARZA, JUAN 050816 6/26/2009 $0.22 00030482 GARZA, SANTOS GONZALES 050286 5/3/2009 $0.01 01889581 GARZA, ZACHARY SCOTT 051433 7/21/2009 $0.36 01892247 GATES, DANIEL JOSEPH 050285 5/3/2009 $0.04 00021389 GATES, KENNETH CHRISTOPHER 049909 4/3/2009 $0.10 00221213 GATES, KEVIN KEITH 051435 7/21/2009 $1.75 01892227 GEORGE, ALEXIS CHERELLE 050100 4/12/2009 $0.28 00034881 GEORGE, PATRICK GEORGE 048600 1/22/2009 $0.11 00226278 GEORGE, TRAVIS ALLEN 049164 2/22/2009 $0.28 01890989 GEORGE, VALENTINA ANASTASIA 051377 7/14/2009 $1.25 01892193 GERLACH, JORDAN HUDSON 052393 9/29/2009 $8.56 01892592 GHRAMM, MACKENZIE Q 053482 12/16/2009 $3.97 00036776 GILL, CAROLYN SUE 048925 1/24/2009 $1.25 01890023 GILLESPIE, JAY KOPP 052443 10/13/2009 $0.95 01887050 GOBBATO, GREGORY DOUGLAS 051508 8/5/2009 $0.10 01891901 GONZALES, ANTHONY 049816 3/31/2009 $0.21 00007807 GONZALES, GUSTAVO 049721 3/26/2009 $1.14 01891047 GONZALES, JUAN RODRIGUEZ Page 5 219 Whatcom County Jail Bellimgham Washington Inmate Trust Fund Account Year 2009 - Unclaimed Checks Check No Date Issued Amount Inmate ACTFAS Account # Name 050488 5/8/2009 $0.75 01891650 GONZALES-RODRIGUEZ, DAVID 049763 4/1/2009 $0.26 00007864 GONZALEZ, MARIO ALBERTO 051809 8/8/2009 $3.00 01892391 GONZALEZ-VALDES, GUSTAVO 049251 3/10/2009 $8.51 01888938 GOODMAN, CLAY GILES 052391 9/29/2009 $0.27 01888938 !GOODMAN, CLAY GILES 196034 9/29/2009 $30.61 01892766 GOODMAN, RONALD JOHN 052971 12/12/2009 $0.15 00022260 GORDON, DANIEL LEE 048928 1/25/2009 $2.37 01889957 GORGEI, DENNIS JOSEPH 051262 7/2/2009 $4.56 01892081 GOTTIER, DYLAN MICHAEL 051140 6/18/2009 $0.67 00029945 GOULD, ANTHONY JAMES 049337 2/28/2009 $10.65 00226946 GOURLEY, SCOT ANDERSON 052370 9/26/2009 $1.99 01892741 GRAHAM, TERESA ANN 052495 11/5/2009 $0.49 01892963 GRANT, WILLIAM SCOTT 051440 7/22/2009 $0.10 00034218 GRAY, URIAH LEON 052534 1 10/5/2009 $0.02 00222745 GREAVES, GARDNER OWEN 048886 2/14/2009 $0.21 00033410 GREENE, SINCHENELKS TINA 049841 4/12/2009 $1.57 00226402 GREVE, BRADLEY ALLEN 050159 4/18/2009 $0.81 01888828 GRIFFIN, BRIAN GABRIELL 052099 9/9/2009 $0.58 01892625 GRIFFIN, BRYCE D 050263 4/30/2009 $0.06 00031611 GRIGGS, PATRICK OBRIEN 050396 6/16/2009 $0.02 01890753 GRIMME, AUSTIN DEAN 049210 2/25/2009 $16.56 01890575 GRISHCHUK, ILYA VIKTOROVICH 053233 11/30/2009 $0.18 00225347 GWINNER, JENNIFER LYNN 049189 2/23/2009 $35.00 01891070 HABTE, IYOB K 049223 3/2/2009 $8.65 01890929 HACK, DANIEL DUNN 049348 3/1/2009 $0.34 01889243 HADDOCK, TRAVIS WAYNE 052873 10/29/2009 $2.00 01892977 HAGEN, DANIEL EMORY 051393 7/16/2009 $1.77 01888991 HALL, FREDRIC DONALD 049295 3/24/2009 $0.15 01887074 HALL, JERRY PRESTON 052310 9/20/2009 $7.49 00227157 HALLMARK, CALVIN LEE 048720 2/1/2009 $0.21 00223045 HAMALEY, KAREN MARIE 050607 5/14/2009 $6.00 01891607 HAMLIN, DEBBI DARLEEN 052085 9/8/2009 $1.56 01892620 HANDY, DEREK J 050349 5/24/2009 $0.01 01890154 HANSEN, JOEL DEWAYNE 051852 8/12/2009 $0.81 01888250 HANSEN, STEPHEN ALBIN 050450 5/8/2009 $0.58 00227415 HANSON, RENEE SUZANNE 050986 6/12/2009 $0.05 01890690 HARDY, JARED SCOTT 049243 3/8/2009 $0.04 00221667 HARLIN, PATRICK ROBERT 053005 11/1/2009 $0.75 01893011 HARP, SEAN GARETH 051565 9/6/2009 $0.34 00033969 HARPER, JOHN MONROE 049286 3/22/2009 $0.65 01888033 HARRISON, CHEZARE SARAH 049308 2/24/2009 $0.94 00227435 HART, ALEXANDRA THEA 051290 7/6/2009 $0.42 01891636 HAYWOOD, KARMEN DIONNE 053437 12/11/2009 $1.31 00036737 HENDERSON, ROGER RONALD 051350 7/10/2009 $0.02 01887691 HENDERSON, STACY DAWN 050821 6/27/2009 $0.01 00029937 HENIFIN, JOHN MILES 050938 6/8/2009 $10.93 01890695 HERRERA, DENI 053800 12/28/2009 $2.11 00036861 HILL, MONICA JOY 048926 1/24/2009 $2.24 00022404 HILLAIRE, GILBERT JUSTIN 049701 3/25/2009 $4.54 01891299 HIRSCH, SARAH LAUREN 049362 3/3/2009 $0.45 01890486 HIRSCHKORN, DARRYL EDWIN Page 6 220 Whatcom County Jail Bellimgham Washington Inmate Trust Fund Account Year 2009 - Unclaimed Checks Check No Date Issued Amount Inmate ACTFAS Account # Name 050288 5/3/2009 $0.42 00031342 HITCHCOCK, GREGORY LEROY 048894 2/15/2009 $0.38 01891024 HOFER, ELAINE M 053423 12/9/2009 $0.10 01892947 HOGGARTH, RICHARD HENRY 049609 3/16/2009 $0.84 01889301 HOGLUND, JERICA LYNN 050718 5/26/2009 $2.00 00221001 HOVANDER, GUY HARLIN 053188 11/23/2009 $5.00 00036613 HSIEH, SHENG WEI 049467 3/12/2009 $0.08 00030985 HUGHES, CHARLES ALLEN 049690 3/24/2009 $2.60 01891295 HULFORD, BAILEY P 050367 5/30/2009 $1.11 01891315 HUMPHREY, JACOB STEVEN 051503 8/3/2009 $0.02 01891315 HUMPHREY, JACOB STEVEN 052986 12/22/2009 $0.79 01891315 HUMPHREY, JACOB STEVEN 051552 8/31/2009 $0.02 00009567 HUNTER, PHILLIP ALLEN 049848 4/14/2009 $0.39 00221502 HUSS, JOSEPH EDWARD 050948 6/9/2009 $0.94 00226698 IBARRA, GABRIEL 052232 9/12/2009 $1.03 01892648 IBARRA, MARCELA 049906 4/3/2009 $3.00 01891388 IGNASHOVA, YELIZAVETA P 053803 12/29/2009 $0.28 00225735 INDA, ROBERTO 052948 12/2/2009 $10.56 01892478 INGHAM, JENNIFER MARIE 048960 2/6/2009 $3.70 01890881 IVANIY, RUSLAN ANATOLIEVICH 053120 11/16/2009 $0.05 00031400 JACKSON, JAMES DUANE 048800 2/8/2009 $0.16 01887095 JACOBSON, MICHEAL NATHAN A 050647 5/18/2009 $0.68 00035275 JAMES, DAVID FRANK 051245 7/1/2009 $0.79 01889537 JAMES, IRALEE ERNEST ANTHONY 050385 6/9/2009 $0.48 00021317 JAMES, JAMES MATTHEW 053631 12/21/2009 $0.39 00227360 JAMES, KALEEN CASSANDRA MERIE 049242 3/8/2009 $4.70 00226134 JAMES, PATRICIA ANN 052994 12/28/2009 $0.46 00225638 JANSEN, MARK DELLANE 049706 3/25/2009 $3.00 00034397 JAROSZ, JAMES DOMINICK 050651 5/19/2009 $0.73 00022527 JEFFERSON, CHRISTOPHER SCOTT 050955 6/10/2009 $0.29 00010043 JEFFERSON, CLINTON TOBY 050464 5/10/2009 $0.06 00001803 JEFFERSON, JACLYN PEARL 052739 10/16/2009 $0.08 00001559 JEFFERSON, JOHN ALEX 050658 5/20/2009 $0.37 00224153 JEFFERSON, MARIE GABRIELLE 051991 8/28/2009 $0.16 00032866 JEFFERSON, PAULA LEE 049960 4/8/2009 $0.02 00012678 JEFFERSON, VERONA MARTINE 052434 10/3/2009 $1.30 01892768 JEFFERY, NICOLE LESA LARINE 050362 5/27/2009 $1.23 00027657 JEFFRIES, DANIEL THOMAS 048633 1/24/2009 $0.13 01890860 JERVIS, ROGER HAYNESLEY 048506 1/14/2009 $0.25 00225923 JIMMIE, JORDY SCOTT 052505 10/1/2009 $0.12 01892772 JOHNNY, MICHAEL EDWARD MERLE 050812 6/25/2009 $0.84 01888506 JOHNSON, CALEB WILLIAM 052970 12/12/2009 $15.14 01888506 JOHNSON, CALEB WILLIAM 051855 8/13/2009 $0.23 01892423 JOHNSON, CEDRIEN DURA 050973 6/11/2009 $2.56 01891915 JOHNSON, DAVID MICHAEL 052497 11/5/2009 $0.45 00226950 JOHNSON, JIMMIE LEE 052075 9/6/2009 $0.30 01892607 JOHNSON, JOSEPH 048864 2/12/2009 $0.03 00223747 JONELI, HERMAN KEVIN 048703 1/30/2009 $0.27 00030394 JONES, CHRISTINE 052200 9/9/2009 $1.82 00222380 JONES, JASON EDWARDS 051277 7/4/2009 $0.25 00010553 JORGENSEN, CHRISTOPHER DALE 053285 12/4/2009 $0.33 00010553 JORGENSEN, CHRISTOPHER DALE Page 7 .221 Whatcom County Jail Bellimgham Washington Inmate Trust Fund Account Year 2009 - Unclaimed Checks Check No Date Issued Amount Inmate ACTFAS Account # Name 051261 7/2/2009 $0.85 00225241 JULIUS, HOLLI VELA 050741 5/28/2009 $0.42 00222241 JULIUS, REBECCA NAOMI 051512 8/11/2009 $0.68 00225577 JULIUS, SHELLI LEANNE 050932 6/7/2009 $0.06 01891878 KAISER, DAVID JOSHUA 049853 4/19/2009 $1.27 00010705 KANSIER, ALBERT SYDNEY PATRICK 050373 6/2/2009 $0.91 01890329 KEENE, DAVID B 052905 11/7/2009 $2.61 00033232 KENNEDY, SCOTT MICHAEL 051763 8/4/2009 $0.13 01891553 KIELY, AVERY JOE 050381 6/7/2009 $0.10 00226346 KING, STEPHEN MAXFIELD 048722 2/2/2009 $0.46 01888210 KIRKPATRICK, BOBBY 050827 6/30/2009 $0.09 00224753 KISER, JERRETT RICHARD 053684 12/27/2009 $0.04 00224753 KISER, JERRETT RICHARD 050322 5/15/2009 $0.27 01889068 KITTILA, NIKO ANTHONY 051929 8/21/2009 $1.76 01892488 KIZER, ELZA ELDON 051219 6/28/2009 $5.24 00032429 KLEMAN, CHRISTOPHER LEE 052577 10/9/2009 $0.02 00011064 KLIMPEL, TERRY MARK 050617 5/15/2009 $0.19 01891698 KOLESNIKOV, MIHAIL 050274 5/1/2009 $1.91 00224131 KOVTUN, VIKTOR PETROVICH 052850 10/27/2009 $0.12 01892962 KOZAK, NICK 052307 9/20/2009 $3.31 01892703 KRAAYENBRINK, ERIC RICHARD 052962 12/8/2009 $4.57 00036625 KREITER, STEVEN LANE 051579 9/13/2009 $0.66 00032577 KURTZ, ALEX J 049867 4/24/2009 $0.03 01890803 LABEAU, KELLY RANDYLL 049330 2/28/2009 $0.20 01889150 LAFONTAINE, DEVON ANGELO 049466 3/12/2009 $0.09 00222143 LANDIS, CASEY PAUL 051860 8/13/2009 $0.24 01892183 LANE, STEVEN FRANCIS 049989 4/11/2009 $2.94 01891445 LANGAGER, JENNIFER RENEE 049381 3/4/2009 $0.60 01888205 LANGE, JAREN CHASE 050633 5/17/2009 $0.12 01891718 LANGLOIS, GORDON WAYNE 049480 3/12/2009 $0.23 00011574 LASTSTAR, AARON TROY 049630 3/17/2009 $0.10 00011574 LASTSTAR, AARON TROY 049347 3/1/2009 $2.92 00224718 LAU, KYLE JAMES 050715 5/26/2009 $1.66 01887126 LAWRENCE, JULIAN ANTHONY 049949 4/7/2009 $2.06 00022705 LAWRENCE, MARK STEVEN 051117 6/16/2009 $1.00 00222097 LAWRENCE, TREMAINE TAYLOR MARC 051214 6/27/2009 $4.84 00011325 LECLAIRE, SHIRENA CAROLYN 051972 8/26/2009 $2.99 00011724 LEE, CLAYTON THOMAS 049965 4/9/2009 $0.80 01891259 LEE, KYLER NATHANIEL 050472 5/11/2009 $1.58 01891653 LEE, ROBERT OLIVER 052311 9/20/2009 $1.00 01892700 LEE, STEVEN DENNIS 048545 1/17/2009 $5.65 00022721 LEHMANN, KASEY ROY 052701 10/11/2009 $0.25 01890374 LELAND, TROY DEE 050406 5/4/2009 $6.00 01891603 LENZ, JASON RAY 052818 10/25/2009 $7.56 01892955 LEVECK, THOMAS CHARLES 051473 7/26/2009 $0.05 00221623 LEWIS, MANN WILLIAM 048858 2/11/2009 $0.17 01890998 LIBECKI, ANDREW JARED 053175 11/22/2009 $0.25 00227108 LIEN, JEREMIAH ALLEN 051591 9/16/2009 $0.15 00022731 LIEU, VIBOL 050261 4/30/2009 $49.56 01891585 LILLY, CHRISTOPHER PAUL 052211 9/10/2009 $0.52 01892634 LINDELOF, ASHLEY ANN 049838 4/9/2009 $2.08 01890215 LINDGREN, CASONDRA ANNE Page 8 222 Whatcom County Jail Bellimgham Washington Inmate Trust Fund Account Year 2009 - Unclaimed Checks Check No Date Issued Amount Inmate ACTFAS Account # Name 051458 7/24/2009 $1.45 00033171 LINDSEY, JAMES RAYMOND 052947 12/2/2009 $0.16 00033171 LINDSEY, JAMES RAYMOND 050796 6/3/2009 $0.12 00226463 LIVINGSTON, THOMAS TYNDALE 048709 1/30/2009 $0.27 00222617 LODER, LAKEASHA NICHOLE 050394 6/14/2009 $1.99 00022748 LOFLAND, TRAVIS KNOX 048637 1/25/2009 $0.44 00225945 LOFTON, KENNETH FRASER 485420 1/17/2009 $1.04 01889278 LONDON, NATHANIEL JACOB 051963 8/25/2009 $0.54 01892521 LONGMIRE, JAMES CLAY 049139 2/19/2009 $0.04 00227306 LOPEZ, ANTONIO LOUIS 050376 6/4/2009 $3.48 01890541 LOPEZ-SUAREZ, JOSE A 050164 4/18/2009 $1.00 01887376 LORENZ, ANDREW JOSEPH 051154 6/21/2009 $0.01 00225905 LOUIE, DEZI-RAY THOMAS ARNEZ 053264 12/3/2009 $0.10 00225905 LOUIE, DEZI-RAY THOMAS ARNEZ 052405 9/25/2009 $0.03 00227653 LOVING, TAMIKO CHRISTINE 049755 3/30/2009 $1.06 01891355 LUKES, ERIC EDWARD 049386 3/5/2009 $0.14 00025252 LUMBERT, BRANDON EARL 052831 10/26/2009 $10.91 01892957 MACNAB, IAN SCOTT 053239 11/30/2009 $0.46 01892604 MAGANA, DAVID ROBERT 048802 2/8/2009 $0.82 00225677 MAGEE, DEVON SHEA 052582 10/9/2009 $0.20 00012510 MAGUIRE, DARBY RICHARD 051270 7/3/2009 $1.34 01892085 MALCOLM, DEBBIE 050168 4/19/2009 $0.15 00026508 MARKUSEN, AUSTIN CHRISTIAN 051536 8/20/2009 $0.30 00026820 MARLOWE, KATHLEEN MARY 051141 6/19/2009 $0.02 00223235 MARTELL, MICHELLE ELIZABETH 052878 10/30/2009 $1.00 01892988 MARTIN, JESSICA AMY 049810 3/30/2009 $0.76 00223751 MARTIN, MANDA EMILIE 051866 8/14/2009 $1.10 01892432 MARTIN, ROY MARK 052545 10/6/2009 $0.70 01892586 MASON, ROCKLAND JEEMS 053664 12/24/2009 $26.02 00036840 MATSON, AARON MICHAEL 052913 11/10/2009 $0.20 01888440 MATTER, AARON LEE 049931 4/6/2009 $0.40 01891410 MATTER, MANDY LYNN 051186 6/23/2009 $0.88 01892009 MAULT, MICHAEL SHANE 051567 9/7/2009 $0.22 01890007 MAURER, FRANK JAMES 052416 9/28/2009 $0.26 00025203 MAXWELL, DAVID JOHN 049780 4/2/2009 $1.02 00227669 MAYERNIK, SCHUYLER THOMAS 048778 2/5/2009 $0.10 00022855 MCALPINE, IAN ALLEN MCBETH, GARY LYNN 049447 3/10/2009 $0.01 00012049 052050 9/4/2009 $0.04 00012049 MCBETH, GARY LYNN 049201 2/23/2009 $1.60 01887985 MCCABE-BERRY, LISA MICHELLE 052053 9/4/2009 $0.16 01891542 MCDONALD, JARED PAUL 050444 5/8/2009 $0.01 00013039 MCGARY, PAUL HARLAN 048525 1/15/2009 $1.26 00035870 MCGLOTHERN, ROBERT DEAN 051880 8/16/2009 $2.40 01892457 MCINTYRE, SHANNON LEE 048791 2/6/2009 $19.66 00225640 MCKENNA, STEVEN MICHAEL 050135 4/15/2009 $9.09 00225640 MCKENNA, STEVEN MICHAEL 051407 7/17/2009 $49.56 00225640 MCKENNA, STEVEN MICHAEL 053205 11/25/2009 $0.36 00030993 MCKINNON, THOMAS CLAY 048670 1/27/2009 $0.96 01890773 MCMILLEN, BERTINA MARIE 049718 3/26/2009 $0.16 01890773 MCMILLEN, BERTINA MARIE 052468 10/25/2009 $0.11 00021212 MCMURTRY, ROBERT LEROY 049285 3/20/2009 $0.46 00031618 MCNUTT, STEVEN ARNOLD Page 9 223 Whatcom County Jail Bellimgham Washington Inmate Trust Fund Account Year 2009 - Unclaimed Checks Check No Date Issued Amount 7 Inmate ACTFAS Account # Name 049653 3/20/2009 $0.99 00026841 MCQUISTON, LONNY AARON 050784 6/2/2009 $0.27 01891834 MCVICKER, RICHARD PAYNE 052493 11/4/2009 $1.28 00008818 MEADE, JOSEPH LEE 050958 6/10/2009 $19.56 01891898 MELLAND, STEVEN C 052403 9/23/2009 $0.05 01888918 MENCHACA, RAMON JOHN 049955 4/8/2009 $0.86 00226539 MENDEZ, JUAN MIGUEL 050171 4/20/2009 $0.32 00032240 MESIKEPP, DANIEL EDWARD 050943 6/9/2009 $6.13 00025082 MEYER, ALAN LEONARD 050684 5/22/2009 $0.87 01891751 MICHAELS, PAUL CLIFFORD 052919 11/12/2009 $0.08 01888721 MICHEL, ALEX DANIEL 049261 3/13/2009 $0.14 01888368 MILLER, JAMES LEE 048903 1/16/2009 $0.03 00222333 MILLER, RAYMOND WESLEY 052008 8/30/2009 $15.34 01892553 MILLER, RUEBEN EDWARD 051101 6/15/2009 $0.27 00227185 MILLER, SONDRA MARIE 048774 2/5/2009 $0.62 00025465 MILLIGAN, GUINNESS DUVALL 050984 6/12/2009 $0.11 01891916 MINTER, CARRIE MICHELLE 054172 7/26/2009 $0.51 01892288 MONTEITH, CAROL LYNNE 049846 4/13/2009 $5.93 01891260 MONTGOMERY, SKY BRIAN 052298 9/19/2009 $3.00 00026594 MOORE, COLIN STRONG 050330 5/19/2009 $1.87 01889122 MOORE, STEVEN JAMES 049427 3/8/2009 $3.70 01891183 MORALES-MONTES, SAHID 1 052432 10/3/2009 $3.00 01892787 MORENO, DAVID 049720 3/26/2009 $0.07 01891201 MORETTI, JEFFREY 049151 2/20/2009 $1.91 01889092 MORGAN, JESHUA THOMAS 051411 7/17/2009 $0.36 01889092 MORGAN, JESHUA THOMAS 052556 10/7/2009 $81.56 00014282 MORIN, JOSE ISABEL 050361 5/27/2009 $0.91 00020731 MORNINGSTAR, CATHERINE JEAN 051502 8/3/2009 $0.25 00029641 MOSES, JASON KEARY 049113 2/17/2009 $0.50 00225813 MOSES, STEPHANIE ANN 050350 5/24/2009 $0.24 00022984 MUMFORD, GREGORY MARK 052458 10/21/2009 $5.49 00221051 MUNIZ, LEROY ALVARADO 049234 3/5/2009 $0.41 00227616 NATH, AUSHMENDRA ANAND 053682 12/26/2009 $20.00 01892302 NEACE, SAMUEL DEAN 049249 3/10/2009 $3.42 01888117 NEGASSA, MOAAYESUS DAWIT 050382 6/8/2009 $0.59 01888117 NEGASSA, MOAAYESUS DAWIT 050216 4/23/2009 $0.25 00031110 NELSON, BRADLYARTHUR 049176 2/23/2009 $0.12 00226700 NELSON, MAX JAMES 050344 5/22/2009 $0.63 01891484 NELSON, NICHOLAS JOSEPH LLOYD 051849 8/12/2009 $0.05 01892424 NELSON, SYVEE TUDTUD 050365 5/30/2009 $7.19 01890650 NEVINS, VICTORIA ANN 052018 8/31/2009 $4.81 01892561 NEWSOME, TONY EUGUENE 049711 3/26/2009 $5.76 00227254 NICHOLS, MISTY LYNN 049866 4/24/2009 $2.24 00034199 NICHLAAS, SHELLY LOUISE 049319 2/26/2009 $0.19 00014309 NOLAND, CLIFTON LEE 049221 3/2/2009 $0.19 01888805 NORTON, JEREMY GENE 048716 1/31/2009 $2.48 00031143 NUNEZ-LECHUGA, GILBERTO 050879 7/24/2009 $0.73 00031143 NUNEZ-LECHUGA, GILBERTO 052339 9/23/2009 $0.85 01892507 NUNGARAY-RODRIGUEZ, BRIGIDO 049269 3/17/2009 $0.48 00032989 OBERHOLTZER, COURTNEY MARIE 051788 8/6/2009 $0.58 01891876 OBRYAN, SHAWN PATRICK 050668 1 5/21/2009 $0.83 00224656 OGRADY, ERIC JAMES Page 10 224 Whatcom County Jail Bellimgham Washington Inmate Trust Fund Account Year 2009 - Unclaimed Checks Check No Date Issued Amount Inmate ACTFAS Account # Name 048558 1/19/2009 $9.47 01890832 OLESON, ELIZABETH MARIE 050842 7/9/2009 $2.56 01890832 OLESON, ELIZABETH MARIE 052964 12/8/2009 $0.09 01891922 OLIVAREZ, SANTIAGO 052549 10/6/2009 $0.30 01888841 OLSEN, FRANK J 048990 2/20/2009 $12.68 00226783 OLSEN, PARIS AVERY 050189 4/21/2009 $0.25 00224480 OMARA, RYAN MICHAEL 052854 10/27/2009 $2.06 01887715 ORNIISTON, ZACHARY SCOTT 051539 8/22/2009 $0.27 01890327 ORTON, LUCAS L 050380 6/6/2009 $1.73 00034415 OSETEK, KIRK M 053451 12/13/2009 $0.18 01892464 OUELLETT, JAMIE CARLA 049902 4/3/2009 $4.61 00021216 OWENS, JOHN REINARD 051237 6/30/2009 $0.02 00026241 PALACIOS-NEVAREZ, ADRIAN 051962 8/25/2009 $9.01 01892519 PALMER, RYAN MATTHEW 049943 4/7/2009 $0.35 01889312 PANOS, JAMES GILBERT 050667 5/21/2009 $2.95 01887270 PARBERRY, EVAN LOUIS HARRISON 049740 3/29/2009 $0.50 01889961 PARDINI, MICHAEL FREDRICK 051758 8/3/2009 $1.22 01892339 PARISH, JOHN WILLIAM 053456 12/14/2009 $0.14 00031804 PARKER, GENE OLIVER 051561 9/3/2009 $1.29 1 00225598 PARKER, JOSHUA KEVIN 050911 6/5/2009 $0.98 00031615 PARKIN, DALE BRIANT 049715 3/26/2009 $0.06 01891311 PARKS, DARIA R 051147 6/19/2009 $7.06 01891979 PEAVY, CHAZ MICHAEL 052753 10/18/2009 $1.50 01892897 PEDERSEN, BRYAN DANIEL 051177 6/23/2009 $64.72 01891490 PERALES, NEREYDA YASMIN 051178 6/23/2009 $3.47 01891492 PERALES-VENEGAS, JAVIER 050402 5/4/2009 $0.03 00032231 PERALTA, LINDA RODRIGUEZ 049831 4/7/2009 $0.51 01890117 PERANDO, WENDY ANNE 051134 6/18/2009 $0.23 00008245 PEREZ, EDDIE MORALES 050640 5/18/2009 $0.10 01890851 PEREZ, JENNIFER MARIE 051571 9/9/2009 $0.30 00011618 PERRIN, GREGORY RALPH LEE 048097 1/19/2009 $2.68 00032187 PERRIN, LAWRENCE ENOCH STERLIN 053494 12/17/2009 $0.25 00226017 PERRY, ALISON JO 052227 9/11/2009 $2.00 01892635 PERRY, MATTHEW JOSEPH 050160 4/18/2009 $0.38 00221289 PETERSEN, TAMMY L 053196 11/24/2009 $1.47 01892884 PETERSON, BRANDYN JEANNINE 051580 9/13/2009 $0.29 00009374 PHAIR, MARVIN LEE 049395 3/5/2009 $0.16 01891138 PHILLIPS, CHANEL LEANNE 049338 2/28/2009 $0.75 01891116 PIDGEON, JAMES ROBERT 049750 3/30/2009 $0.96 01891331 PIERCE, JOHN R 052574 10/9/2009 $1.82 00023096 PIERRE, BRIAN LEE 053146 11/17/2009 $1.00 00032576 PLEADWELL, MICHAEL LEROY 050363 5/28/2009 $0.57 00223809 PLEMON, JAMES WALLACE 053616 12/20/2009 $12.00 00036803 PLITT, TERESA LYNN 050844 7/10/2009 $0.27 00226550 PLUSCHAKOV, VALENTIN 049235 3/5/2009 $2.85 01890884 POOR, AMANDA FAITH 049490 3/13/2009 $1.31 00023130 POPE, MACK STEVEN 052707 10/12/2009 $0.88 00034908 PORRAS, ROBERT RAYMOND 049806 3/29/2009 $0.19 01890731 POTTER, MICHAEL BENJAMIN 052740 10/17/2009 $0.05 00001441 POWLESS, KIRK DANIEL 049237 3/6/2009 $0.38 00226910 PRAK, SAMEARTH 048844 2/10/2009 $0.92 01890991 PRATT, CHARLENE SHARON Page 11 225 Whatcom County Jail Bellimgham Washington Inmate Trust Fund Account Year 2009 - Unclaimed Checks Check No Date Issued Amount Inmate ACTFAS Account # Name 052404 9/25/2009 $0.38 00225715 PRATT, FREDRICK RAYMOND 053001 11/1/2009 $3.56 01893015 PRUNER, PHILLIP VICTOR 049260 3/13/2009 $0.26 00225497 PURSLEY, JAMES ALLEN 053130 11/16/2009 $0.12 00224695 QUIROGA, FRANK VICTOR 051549 8/31/2009 $0.59 01891021 QUIST, KYLE ALLEN 048559 1/19/2009 $4.07 01890810 RAETHKE, BEAU PARKER 051958 8/25/2009 $0.02 00227586 RAMIREZ, FERNANDO 050775 6/1/2009 $0.23 00032430 RAMIREZ, GEORGE 052484 10/30/2009 $0.29 00030788 RAMIREZ, LUCAS DANIEL 049276 3/19/2009 $12.48 01889022 RAMIREZ, RAMIRO 049832 4/7/2009 $0.02 00223063 RANARD, BRIAN JAMES 052201 9/9/2009 $0.95 01892603 RANDHAWA, RESHAM SINGH 052429 10/2/2009 $0.42 00225333 RAUM, BHAJAN LENNON 048961 2/6/2009 $0.12 01890036 RAWLINS, KEITH 050301 5/10/2009 $0.66 01890932 RAYMOND, RONALD ANDREW 052461 10/22/2009 $0.14 00017794 REEVE, JARED MICHAEL 048983 2/18/2009 $0.93 01888127 REHBERGER, STEVEN JEFFERY 051736 7/31/2009 $4.00 00223341 RENTAS, LUIS D 049760 3/31/2009 $5.00 01888473 REVEY, RYAN THOMAS 049270 3/17/2009 $0.72 01890755 REZA-RUIZ, ANTONIO 049275 1 3/18/2009 $0.28 00226838 RHINES, JOSHUA WILLIAM 051434 T 7/21/2009 $0.56 01888699 RICHARDSON, ADRIAN A 051102 6/15/2009 $1.28 01891932 RILEY, RUSSELL COLT 051919 8/20/2009 $0.51 00016840 RIVERA, EMILY 052045 9/3/2009 $2.00 01892578 ROBINSON, TYLER ANTHONY 048883 2/13/2009 $1.31 00030591 ROCERO, ROLANDO LOUIS 052302 9/19/2009 $2.11 01892693 RODRIQUEZ, HECTOR JAVIER 049849 4/14/2009 $0.25 01887992 ROGERS, WILLIAM WITT 048974 2/15/2009 $0.25 00009877 ROSARIO, PATRICIA ANNE 051954 8/24/2009 $0.28 01888665 ROSE, WILLIAM EARL 051353 7/11/2009 $3.00 00031367 ROSSER, ALFRED ERNEST 050368 5/31/2009 $1.81 00222351 ROTHMAN, GABRIEL GALEN 049818 4/1/2009 $0.09 00024699 ROZELLE, PATTI JO 052859 10/28/2009 $1.00 01892965 RUANE, SEAN VINCENT 051280 7/4/2009 $0.25 01888824 RUFF, HEATHER NICOLE 053612 12/19/2009 $0.90 01888634 RUIZ-ALONSO, DANIEL 052835 10/26/2009 $0.16 00031345 RUPKE, KENNETH GARY 053639 12/22/2009 $6.11 00223468 RUTGERS, ROBERT JOHN 049266 3/16/2009 $32.55 01891179 SAGMAQUEN, CLEOFE 052987 12/22/2009 $0.48 00029127 SANCHEZ, NICOLAS ARIES 049959 4/8/2009 $0.04 00033647 SANDERS, JOANNA LYNN 048614 1/23/2009 $0.91 00031047 SANDERS, STANLEY ERIC 049870 4/26/2009 $0.12 00030266 SANDSTROM, DOUGLAS EARL 051718 7/30/2009 $0.43 00030266 SANDSTROM, DOUGLAS EARL 049658 3/21/2009 $1.25 01891277 SANTENELLO, SPENCER DWIGHT 053029 11/3/2009 $2.62 01892887 SCOTT, NICHOLAS PERNELL 053118 11/15/2009 $0.89 01892887 SCOTT, NICHOLAS PERNELL 049987 4/11/2009 $0.44 00033685 SCOTT, ROGER DUANE 049445 3/10/2009 $0.45 01891170 SENSANO, ROBERT GRANT KUPONO 048949 2/4/2009 $1.37 00030802 SESTROM, BRANDI KRISTINE 049350 3/2/2009 $0.05 00224405 SEWARD, CAREY ALLEN Page 12 226 Whatcom County Jail Bellimgham Washington Inmate Trust Fund Account Year 2009 - Unclaimed Checks Check No Date Issued Amount Inmate ACTFAS Account # Name 049905 4/3/2009 $0.25 01891389 SHAVER, JUSTIN DEAN 053476 12/15/2009 $16.43 00225888 SHEARER, GREGORY PIERCE 050630 5/16/2009 $0.03 01889140 SHEARS, ARLENE MARTHA 050735 5/28/2009 $1.00 00008079 SHEHEEN, THEODORE GREG 050685 5/22/2009 $0.08 01891267 SHELSTAD, EMILY LENORE 049835 4/8/2009 $1.20 01889245 SHIVELY-WISE, JUSTIN RYAN 052929 11/18/2009 $4.41 01888020 SHKURAT, PAVEL PETROVICH 050869 7/21/2009 $1.00 01889591 SHOCKEY, ADAM LEE 051408 7/17/2009 $1.75 01892221 SIEBER, ERYN KIRK 049278 3/19/2009 $1.27 01891102 SINGH, ANMOL INDER 052414 9/27/2009 $0.55 01891102 SINGH, ANMOL INDER 053693 12/28/2009 $1.00 00036870 SINGH, GURMANDEEP 050908 6/4/2009 $0.20 01891835 SINGH, KULDIP 051586 9/14/2009 $0.28 01891069 SISAY, SAMUEL KASAHUN 052469 10/25/2009 $0.68 00030227 SIVO, TIMOTHY RYAN LINN 052321 9/21/2009 $0.47 00023424 SMART, EDWARD WILLIAM 050249 4/29/2009 $7.56 00001812 SMART, MICHAEL GENE 050149 4/17/2009 $0.36 00224889 SMARTT, EUGENE LABRONE 050754 5/29/2009 $0.03 00224889 SMARTT, EUGENE LABRONE 052423 10/1/2009 $2.26 01890372 SMITH, CHADWICK MICHAEL 049496 3/14/2009 $2.84 00227212 SMITH, MICHAEL SCOTT 051218 6/28/2009 $0.10 01890537 SMITH, NATHAN MICHAEL 050404 5/4/2009 $0.13 01891612 SMITH, NATHANIEL JAMES 052071 9/6/2009 $0.14 01890876 SMITH, RICCI DAY 052449 10/16/2009 $0.17 00032418 SMITH, SHAWN ELIJAH 053058 11/7/2009 $0.46 01889991 SMITH, TIMOTHY PATRICK 053094 11/12/2009 $0.01 01889991 SMITH, TIMOTHY PATRICK 048931 1/26/2009 $1.40 00226713 SNEAD, AARON DAVID 049617 3/16/2009 $4.00 01891241 SNEVE, DAVID ELWOOD 051144 6/19/2009 $1.86 01891981 SNODGRASS, JAMES DOUGLAS 049688 3/24/2009 $5.38 00221253 SOLOMON, JOHANNA TACI 051727 7/31/2009 $1.93 00035648 SOLOMON, REBECCA CHRISTINE 049766 4/1/2009 $0.68 00226936 SOLOMON, RICHARD JOEL 051739 8/1/2009 $0.17 00023458 SOLOMON, WILLIAM CHARLES 053206 11/25/2009 $0.22 01892524 SOMERS, KYLE WAYNE 050323 5/15/2009 $0.29 01888349 SOVERN, ROSS JEFFREY 052078 9/7/2009 $2.55 01891759 SPADY, SCOTT THOMAS 053164 11/19/2009 $0.44 00034349 SPREITZER-GALLOWAY, MICHAEL D 049442 3/9/2009 $1.77 01891184 SPRUILL, TYASIA LEIGH 052381 9/28/2009 $0.56 01892757 SREY, KHOM 049390 3/5/2009 $0.30 01887072 STACY, BRIAN DANIEL 051252 7/1/2009 $10.00 01892078 STAGG, MARK DANIEL 048796 2/7/2009 $0.25 01890964 STARK, BENJAMIN GEORGE 048863 2/12/2009 $1.48 01890907 STEPHENS, JOHNATHON S 049904 4/3/2009 $0.38 00001395 STEWART, ALEXIS LENA 051574 9/10/2009 $0.56 00025357 STEWART, BENJAMIN JARED 048632 1/24/2009 $1.16 00021242 STOCKER, RANDY JAMES 048705 1/30/2009 $2.45 00222694 STONE, JORDAN LEE 050369 6/1/2009 $0.54 01888063 STRINGFELLOW, DAVID LEE 049428 3/8/2009 $0.46 00033508 STRIPLING, EDWARD DUANE 048553 1/18/2009 $0.54 00019147 STRUTHERS, ERICK BRANDON Page 13 227 Whatcom County Jail Bellimgham Washington Inmate Trust Fund Account Year 2009 - Unclaimed Checks Check No Date Issued Amount Inmate ACTFAS Account # Name 052869 10/29/2009 $0.25 01892976 SULLIVAN, CHARLES D 052521 10/2/2009 $0.52 01892782 SWANKIE, DANIELLE RENEE 052003 8/30/2009 $2.76 01892549 SWART, MELISSA GALENA 049448 3/10/2009 $0.06 00223729 TANNER, CORY RANDALL 053034 11/4/2009 $3.00 00014719 TANNER, SAUNDRA MARIE 051737 8/1/2009 $2.52 00220884 TAVARES, GABRIAL LEON C 050745 5/29/2009 $1.00 00025281 TAYLOR, DANIEL LYMAN 052921 11/13/2009 $0.24 00036116 TAYLOR, JULIE LEA 052865 10/28/2009 $3.00 01892967 TEKE, MULU G 049614 3/16/2009 $0.40 00025092 TELLEZ, EMMANUEL 050138 4/15/2009 $1.45 01891475 TENKLEY, JUSTINE NOEL 049792 4/2/2009 $0.38 01891385 TETREAULT, MICAH J 048984 2/18/2009 $0.69 00025796 THELEN, TROY ROBERT 050725 5/27/2009 $7.45 00036261 THIBOU, STEVEN A 050452 5/8/2009 $0.21 01891643 THOMAS, JASON JOHN 051843 8/11/2009 $0.58 01892368 THOMAS, JUSTIN COLE 052995 12/28/2009 $0.08 00223007 THOMPSON, ADAM PHILIP 049834 4/7/2009 $0.93 01890836 THOMPSON, BRIAN SCOTT 048761 2/4/2009 $0.11 01890940 TITERA, RYAN LYNN 049357 3/2/2009 $5.30 01891104 TOLES, MITCHELL VINCENT 048842 2/10/2009 $0.72 01890973 TOM, ISADORE 053078 11/10/2009 $0.02 01891943 TOM, LAWRENCE VIRGIL 053084 11/10/2009 $0.43 01888981 TOM, STEVEN JOSEPH 053083 11/10/2009 $0.27 01888941 TONER, KATHERINE ELIZABETH 050792 6/2/2009 $20.79 00224205 TOPAUM, JASON ISAAC 050806 6/21/2009 $0.02 00035165 TORRES, CARLOS ANTONIO 050499 5/8/2009 $0.78 01891639 TOWNSEND, DENNIS LEE 052266 9/16/2009 $0.82 01892416 TRAIL, JAMES WAYNE 049859 4/21/2009 $7.35 01890214 TROUTMAN, KATHRYN MARIE 049707 3/25/2009 $1.56 01891292 TURPIN, PATRICK WILLIAM 050898 8/2/2009 $0.19 01891292 TURPIN, PATRICK WILLIAM 053080 11/10/2009 $0.97 00036540 ULRICH, MATTHEW DAVID 052279 9/17/2009 $1.00 01891282 UMAR, JAMILU 051573 9/10/2009 $0.07 00227107 URE, JAMES RYAN 052330 9/22/2009 $1.77 01887238 VALENTINE, KRISTOPHER ALLEN 052984 12/21/2009 $1.77 00036028 VALENZUELA, MIGUEL S 049613 3/16/2009 $4.44 00035134 VANCE, RICKY LEE 049384 3/5/2009 $40.00 01891150 VANDERMEULEN, BRANTLEY MARK 050618 5/15/2009 $1.00 01891680 VANOORT, EDWARD JOHN 053153 11/18/2009 $3.56 00036581 VANWINKLE, ZAK [AN 051941 8/23/2009 $5.01 01892068 VARGAS-RODRIGUEZ, OSCAR HUGO 048943 2/1/2009 $0.28 00225853 VARGO, CLAYTON CHARLES 049418 3/8/2009 $1.93 01891175 VAUGHN, LEE ALAN 051821 8/9/2009 $2.56 01892405 VEGA, MARCO ANTONIO 049426 3/8/2009 $0.88 01891171 WAGNER, NICOLE M 050817 6/26/2009 $0.66 01888685 WALD, MATTHEW FRANCIS 049325 2/27/2009 $4.56 00031605 WALLACE, ERICA LEA 052523 10/2/2009 $4.21 00223697 WALSH, PATRICIA ANN 052938 11/23/2009 $3.21 01890424 WARD, ZACHARY MICHAEL 049800 3/26/2009 $2.47 01890852 WASHAM, TYLER LEE 051810 8/8/2009 $3.88 01892062 WASHINGTON, DEMETRIUS DESHAWN Page 14 228 Whatcom County Jail Bellimgham Washington Inmate Trust Fund Account Year 2009 - Unclaimed Checks Check No Date Issued Amount Inmate ACTFAS Account # Name 048792 2/7/2009 $0.94 01887790 WASHINGTON, TYLER J 049301 2/24/2009 $0.44 01891077 WEBBERLEY, JORDAN MICHAEL 049144 2/19/2009 $3.00 01891046 WELLS, CHRISTOPHER ROBERT ROGE 053068 11/9/2009 $1.63 01892614 WELLS, ELIZABETH C 049969 4/9/2009 $0.03 01890604 WELLS, SHAWN HOWARD 049775 4/2/2009 $0.16 01891266 WESTOM, ERIC DALE 052452 10/18/2009 $0.27 01887884 WHITE, DANIEL FREDERICK 053636 12/22/2009 $6.01 00009039 WHITE -HICKEY, KIMBERLY ANN 052472 10/26/2009 $0.83 00222945 WILEY, RICHARD DONALD 050733 5/28/2009 $0.25 00032551 WILLETT, KYLE DAVID 053237 11/30/2009 $2.00 00033143 WILLIAMS, DAVID MICHAEL P 051780 8/6/2009 $0.53 01891235 WILLIAMS, DOUGLAS BLAINE 051211 6/26/2009 $0.08 00033936 WILLIAMS, ERICA ALLISON 050360 5/27/2009 $0.69 00221814 WILLIAMS, JERRY 051371 7/14/2009 $0.22 00020648 WILLIAMS, JOHNYE KATHLEEN 053496 12/18/2009 $0.45 00020670 WILLIAMS, MICHAEL RODGER 048555 1/18/2009 $3.56 01890804 WILSON, CRAIG GOODWIN 051507 8/5/2009 $0.04 00224588 WILSON, DAVID EUGENE 050894 7/30/2009 $0.01 00226011 WILSON, DOUGLAS WARREN 052981 12/21/2009 $0.03 00222692 WILSON, FABIAN HENRY 049219 3/2/2009 $0.33 00036280 WILSON, JOHN HUGHES 052714 10/13/2009 $4.04 00224651 WILSON, JOSEPH ANDREW 052542 10/5/2009 $0.25 01892797 WISE, SAMANTHA AGLAE 053813 12/30/2009 $0.91 00222161 WITMAN, KIMBERLY LYN 048768 2/4/2009 $1.00 01890941 WOODARD, JONATHAN BENSON 052806 10/23/2009 $115.47 01892921 WOODLE, CHRIS J 052358 9/25/2009 $66.86 01892727 WOODMANSEE, ERIC SCOTT 049199 2/24/2009 $1.06 00011870 WRIGHT, GERALD ALLAN 050606 5/14/2009 $0.04 00026662 WRIGHT, JOHN 050747 5/29/2009 $3.00 01891799 YODER, CHADWICK EUGENE 049288 3/22/2009 $3.56 01890102 ZOOK, MACKENZIE CURTIS 052419 9/29/2009 $0.23 01889290 ZUEHLKE, DEREK JAMES 048829 2/9/2009 $0.12 01889289 ZUEHLKE, TODD WILLIAM $2 018.66 Page 15 229 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 — 203 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Brenner 6/4/2012 7/10/2012 Public Works Division Head: Dept. Head. - Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Presentation regarding water law and pending issues of availability ATTACHMENTS. SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) COMMITTEE ACTION.• COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wa.us/council. 230 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-243 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: PW Committee/ Originator: JPR 612612012 7/70/2012 Introduction Public Hearing/ Division Head: JPR 612612012 I� L� If.---- r C L� p V E D u 712412012 Adoption Dept. Head: 4Iw��( JUL 0 2 2012 06 /a6 /17. Prosecutor: WHATCOM COUNTY COUNCIL Purchasing/Budget: 8� '7 `17 Executive: -7 /a.l r TITLE OF DO NT. Resolution in the matter of the Whatcom County Six -Year Transportation Improvement Program for the years 2013 through 2018 ATTACHMENTS. 1. Memo to County Executive and Council Attachment "A"- 2013-2018 Capital Project Priority Order and Financial Distribution by Year Attachment "AI A51 "-Project Summary Sheets Attachment "B1-B4"- Road Fund Balance, Revenue, Expenditure, and Capital Funding Projections Attachment "C" - Roadway Priority Rating Program Attachment "D"- Bridge Report 2. 2013-2018 Six Year Transportation Improvement Program Resolution Exhibit "A"- 2013-2018 Six -Year Transportation Improvement Program Exhibit `B"- 2013-2026 Fourteen -Year Ferry Capital Program SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes (X) NO Requested Date: 712412012 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.) Each year the County is required to update its Six -Year Transportation Improvement Program (STIP), per RCW 35.77.010 and RCW 36.81.121. The STIP includes the capital elements of the first six years of the Fourteen -Year Ferry Program. The STIP is intended as a planning tool for local, state and federally funded projects and is designed to identify projects for preliminary engineering, right-of-way purchase and/or construction. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #. Related File Numbers. Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wauslcouncil. 231 WHATCOM COUNTY `oM co JOSEPH P. RUTAN, P.E. PUBLIC WORKS DEPARTMENT r "�Z County Engineer/Assistant Director " = 322 N. Commercial Street, Ste 301 Bellingham, WA 98225-4042 Frank M. Abarto Phone: (360) 715-7450 Director 9*film Fax: (360) 715-7451 RECEIVED Memo h To: The Honorable Jack Louws, Whatcom County Executive, and J U N 2 8 2012 Honorable Members of the Whatcom County Council JACK LOUWS Through: Frank M. Abart, Director COUNTY EXECUTIVE From: Joseph P. Rutan, P.E., County Engineer/Assistant Directo Date: June 26, 2012 Re: Six -Year Transportation Improvement Program, 2013-2018 PW Committee Work Session, Introduction, Public Hearing and Adoption Requested Action: The Department of Public Works requests that a Council Public Works Committee work session. be scheduled for July loth, for discussion of the information attached to this memorandum regarding the 2013-2018 Six -Year Transportation Improvement Program (STIP). If approved by the Committee we request that the STIP Resolution and its associated exhibits, 2013-2018 Six -Year Transportation Improvement Program and 2013-2026 Fourteen -Year Ferry Capital Program, be introduced at that evening's County Council meeting. We then request that a public hearing be advertised for and held at the July 24, 2012, County Council meeting, with the resolution potentially adopted at said meeting. Background and Purpose: Each year the County is required to update its Six -Year Transportation Improvement Program, per RCW 35.77.010 and RCW 36.81.121. The County is also required to prepare a Fourteen -Year Ferry Capital Program each year per RCW 36.54.015. The STIP includes the capital elements of the first six years of the Fourteen -Year Ferry Capital Program which is Exhibit `B" of the resolution. Information: 1- Memorandum to County Executive and Council Attachment "A" - 2013-2018 Capital Projects Financial Distribution by Year Attachment "Al -A51" — Project Summary Sheets Attachment `Bl"- Road Fund Balance Projections Attachment `B2"- Road Fund Revenue Projections Attachment `1133"- Road Fund Expenditure Projections Attachment `B4' — Funds Available for Capital Projects Attachment "C" - Roadway Priority Rating Program Attachment "D" - Bridge Report Attachment "A" is a simplified form of Exhibit "A" to the STIR This simplified form shows priority order of proposed projects as well as expenditures by year. This is being provided in order to facilitate the Public Works Committee work session. 2- 2013-2018 Sig Year Transportation Improvement Program Resolution Exhibit "A'- 2013-2018 Six -Year Transportation Improvement Program Exhibit "B"- 2013-2026 Fourteen -Year Ferry Capital Program 232 whatcom County Public works Attachments Al -A51 Project Narrative Birch Bay-Lynden Road/Portal Way - Signalization/Improvements CRP #901011 Construction Funding Year(s): 2013 / 2014 Project Narrative: This project is located south of Blaine and west of 1-5, in Section 22, T40N, R1 E. Proposed improvements include signalization, channelization and illumination of the intersection with minor changes to the vertical and horizontal alignment. Stormwater treatment and detention will also be implemented into this project. This project is listed #1 on the 2013-2018 Six -Year Transportation Improvement Program. Project Status: Design has been completed. STP(R) and RAP funds have been acquired, however, an additional $1.95 million in STP(R) grants have been applied for to satisfy additional funding needs. Construction in 2013 is contingent on completion of permitting, R/W acquisition and the BNSF Railroad agreement. Total Estimated Project Cost: $4,300,000 Expenditures to Date: $730,000 Funding Sources: Federal $3,250,000 STP(R) State $ 750,000 RAP Local $ 300,000 Environmental Permitting SEPA, Corps of Engrs, CLR/CAO, HPA Right -of -Way Acquisition (Estimate) $150,000 County Forces (Estimate) N/A ' Loomis Trail Rd. ` �° Fleet Rd. �— �� � ,` �h sad ,,--.., J ,. •o �., AndersonBirch S o° co� � � ac p cn a r, B Q acl Bich Bay - Lynden Rd. BIRCH�BAY-00 \ to J /l 3 Creasy -,� a �� r 1c L ✓ `� ` Arnie Rd. a Arnie Rd. } �i ,x.,s Alderson Rd. �✓ Tarte Rd. w:\deptshare\en\six-year tip\2013-2018\2013-2018 draft narratives\01 bb lynden.portal way.docx 233 Whatcom County Public Works Project Narrative Rural Road Safety Program CRP #911017 Construction Funding Year(s): 2012 / 2013 Project Narrative: In 2011 the County received a total of $1,325,000 in Federal Grant funds to address county -wide road safety improvement in two (2) distinct areas — intersection safety and run -off -the -road crashes. The main elements of the program focus on the installation of centerline and edge rumble strips, bridge freeze indicators, bridge approach guardrail improvements and selected intersection upgrades. The type and locations of the federally approved modifications are detailed below. This project is listed #2 on the 2013-2018 Six -Year Transportation Improvement Program. Project Status: Design, Permitting, Right -of Way (if needed) and Construction to be finalized in 2013. Total Estimated Project Cost: $1,314,000 Expenditures to Date: $ 269,000 Funding Sources: Federal $1,299,000 State $ 0 Local $ 15,000 (STIP 2013) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) $15,000 County Forces (Estimate) N/A Project Elements Estimated Costs Shoulder & centerline rumble strips with new centerline paint and recessed pavement markers $288,000 Hannegan Rd — 4.8 Miles — Hemmi Road to Polinder Road Birch Bay-Lynden Rd —10.3 Miles — SR 548 (Blaine Rd) to Lynden city limits Smith Rd (west & east) - 10.5 Miles - Waschke Rd to SR 542 (Mt. Baker Hwy) Everson -Goshen Rd - 6.08 Miles - SR 542 (Mt. Baker Hwy) to SR 544 (Pole Rd) Slater Road - 6.2 Miles — Lk Terrell Road to the BNSF Railroad crossing (near Interstate 5) Bridge Freeze Indicators $ 51,000 22 bridge approaches and 4 road locations (Lake Whatcom Blvd, Hannegan, Birch Bay-Lynden, Slater, Hampton, Mosquito Lake Marine Drive, Everson -Goshen, Loomis Trail, Portal Way, Rock, West Badger, South Pass, N. Telegraph, North Pass, Rathbone) Guardrail Upgrades $513,800 8 bridge approaches and 4 road sites (Aldrich, W. Laurel, Kickerville, Northwood, Goodwin, Pangborn, Ten Mile (2), Stadsvold, Lake Louise, Lake Whatcom Blvd, Hannegan/Laurel) Intersection Improvements West Smith Rd / Aldrich Rd - left turn lanes Birch Bay-Lynden Rd / Berthusen Rd - signage updates and additions $ 451,200 10,000 $ 1,314,000 234 Whatcom County Public Works Project Narrative Birch Bay Drive and Pedestrian Facility CRP #907001 Construction Funding Year(s): 2017 / 201$ Project Narrative: This project is located parallel to Birch Bay Drive from Cedar Avenue to the mouth of Terrell Creek, in Sections 30 and 31, T40N, R1 E, and Sections 24 and 25, T40N, R1 W. This is a 1.14 mile separated berm/trail to encourage walking and bicycling along Birch Bay Drive to support safety while improving non-motoroized mobility. In addition the project will provide mitigation for both beach erosion and roadway storm damage. This project is listed #3 on the 2013-201$ Six -Year Transportation Improvement Program. Project Status: Phase I 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 in 2011, R/W Acquisition in 2013-2014 and Construction 2017-2018) will move forward as the financing for the project is secured. Initially, the Road Fund is estimated to pay for approximately 70% of project total.) Total Estimated Project Cost: $10,000,000+ Expenditures to Date: $2,000 Funding Sources: Federal $0 State $0 Local $7 million Public Wks Trust Fund Loan (STIP 2013) Environmental Permitting Whatcom County -Shorelines; WDFW-HPA, Army Corps of Engineers, DOE; Sec 404 Clean Water Act Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Birch Pt;Rd. AndersonR_7 Binh Bay - Lynden Rd. Amie Rd. Iderson Rd. S I 235 Whatcom County Public Works Project Narrative Hannegan Road Pavement Rehabilitation CRP # Not Assigned Construction Funding Year(s): 2013 Project Narrative: This project is located between Hemmi Road and Scott Ditch Bridge No. 245 in Sections 4, 9, 16 of T39N, ME and Section 33 of T40N, R3E. This project involves the pavement rehabilitation of approximately 4 miles of roadway. This project is listed #4 on the 2013-2018 Six -Year Transportation Improvement Program. Project Status: Design, permitting and construction to be completed in 2013. Total Estimated Project Cost: $1,875,000 Expenditures to Date: $0 Funding Sources: Federal State $1,500,000 (RAP application submitted) Local $375,000 (STIP 2013) Environmental Permitting SEPA, ESA Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A Piper Rd. JXo a Lk. Rd_ ,' :. �� Rd. ..-' Fountain Lk C T C �` ! E Pate Rd. M 544 Beard Rd. -�9 W cf. Ar W. K01 Tut Rd I -- - --- - --- _ K - I� q Rd - 'Jr, - Ten Rile 'P/f f1V o. i O o rc E t W-Hem; Rd. E. Hemmi Rd. i Rd. I f 236 Whatcom County Public Works Project Narrative Lake Whatcom Boulevard Pavement Rehabilitation and Stormwater Improvements CRP Mot Assigned Construction Funding Year(s): TBD Project Narrative: This project is located approximately 1 mile east of Bellingham, in Sections 35 and 36, T38N, R3E. The work will involve improvements to a 1.6 mile section of the Lk Whatcom Blvd roadway between Cable Street and Strawberry Point, including: pavement rehabilitation down to subgrade, upgrades to pavement markings and signage, and addressing water quality issues. This project is listed #5 on the 2013-2018 Six -Year Transportation Improvement Program. Project Status: Survey work with associated base map and R/W research will begin in 2013. Preliminary design will be initiated to evaluate R/W needs, permit requirements and overall project costs. Construction time frame will be contingent on addressing funding needs along with resolution of permitting and R/W issues. Total Estimated Project Cost: $4,000,000 Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $50,000 (STIP 2013) Environmental Permitting SEPA, CLR/CAO, Shorelines Right -of -Way Acquisition (Estimate) To Be Determined County Forces (Estimate) N/A tiJ1 SUDDEN:- 0T r 9 GALBRAITH iIATN - `/ VALLEY' ° � ti�:�� `a h�i%z�: iReveale�ls 237 Whatcom County Public Works Project Narrative Birch Bay-Lynden Road/Blaine Road (SR 548) - Intersection Improvements CRP #906001 Construction Funding Year(s): TBD Project Narrative: This project is located 4.6 miles south of Blaine, at the corners common to Sections 19, 20, 29, and 30, T40N, R1 E. Intersection improvements being considered are a roundabout or a signal. This is a joint project with the Washington State Department of Transportation; however, it is unlikely that they will participate as a funding source. This project is listed #6 on the 2013-2018 Six -Year Transportation Improvement Program. Project Status: Survey work and R/W plan started. Preliminary design will be initiated to evaluate R/W needs, permit requirements and overall project costs. In addition, preliminary design will be sent to WSDOT to request additional funding support and design concurrence. Total Estimated Project Cost: $4,000,000 Expenditures to Date: $ 27,000 Funding Sources: Federal $0 State $ Local $10,000 (STIP 2013) Environmental Permitting SEPA, CLR/CAO Right -of -Way Acquisition (Estimate) To Be Determined County Forces (Estimate) N/A m M'h�o, Birch � _ in t dG `L. Bich Bay - Lynden Rd. :H16AY LO Amie Rd. �`"Alderson Rd. Trail Rd. a 1 3 � Creasy Amie Rd. 238 Whatcom County Public Works Project Narrative North Shore Road Stormwater and Spot Improvements CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: this project is located in Sections 25 and 26, T38N, R3E. The work will involve improvements to a 2.87 mile section of the North Shore Road from the Bellingham City Limits to 'Y' Road, including: various spot improvements to address horizontal and vertical alignment deficiencies; spot safety upgrades, and stormwater quality treatment. This project is listed #7 on the 2013-2018 Six -Year Transportation Improvement Program. Project Status: Selection of spot improvement locations with associated survey work, base map preparation and R/W research will begin in 2013. Preliminary design and construction time frames will be contingent on resolution of funding needs, along with permitting and R/W issues associated with the selected sites. Total Estimated Project Cost: $4,000,000 Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $10,000 (STIP 2013) Environmental Permitting SEPA, CLR/CAO, Shorelines Right -of -Way Acquisition (Estimate) To Be Determined County Forces (Estimate) N/A — - io m r• IX TL SQUALICUM MTN.. ^sl _' - c -mot f � NiNsiialex r Rd. �ti ` SILVER' Academy Rd.�. - a l m l�. . m E. Alabama St Av.pf S.. Im ,Donald )b ►owa Whetcom'C{' St`` ■ ,e .LINGHAM � LarkewaY l)r. r i GENEVA I. 4i , l Fremont St.— y�—- —° °"rse�pa 'Fa`y sm��' j.::,' SUNNYSIDE — -- — ------..—•-- — •—••—•---•—•---•— 239 Whatcom County Public Works Project Narrative Gooseberry Point Pedestrian Project CRP #912017 Construction Funding Year(s): 2013 / 2017 Project Narrative: The Gooseberry Point Pedestrian Project is located in Section 2, T37N, R1 E and Section 34, T38N, R1 E. This work, in fulfillment of the ferry lease obligation, involves the construction of pedestrian facilities such as sidewalks, separated paths, and /or shared -use shoulders, in addition to other non -motorized improvements. This project is listed #8 on the 2013-2018 Six -Year Transportation Improvement Program. Project Status: Survey work has begun and selection of an engineering consultant for Alternatives Analysis & preliminary plans initiated. Projects funds will be available for expenditure when funds of equal or greater value are matched by the Lummi Nation. Total Estimated Project Cost: $4,100,000 Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $2,100,000 (sriP 2013) and $2,000,000 (sTiP 2017) Environmental Permitting N/A Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A e � , � �z U Cagey Rd. F)hi.L m , StiorA k°0d AM�gley. WMMI NATION tom; 2 Smokehouse M. 3 Lummi PL 39 N FOnR Gooseberry �a -- — -- -- -. BL 38 N \ Centerview RdQ� ,( A� -e— y 240 Whatcom County Public Works Project Narrative Point Roberts Transportation Improvements CRP # Not Assigned Construction Funding Year(s): 2013/2014 Project Narrative: Point Roberts is located in T40N and T41 N, R3W. The proposed improvements would be specific to area needs and the development of a project to be funded by the Pt. Roberts Transportation Benefit District. This project is listed #9 on the 2013-2018 Six -Year Transportation Improvement Program. Project Status: Public Works Department will work with the Point Roberts Transporation Benefit District Advisory Committee to develop transportation improvement projects. Project identification, scope and engineering in 2013, with construction in 2013 and 2014. Total Estimated Project Cost: $300,000 Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $150,000 (STIP 2013) Environmental Permitting To Be Determined Right -of -Way Acquisition (Estimate) To Be Determined County Forces (Estimate) To Be Determined oint Roberts T41 N 9D T 40 N m. Rex Rd. n r �Gulf'�R � a b i .4 4 i CANADA - 1 Maple L. Beach N Johnson Rd. v ( R T .. nson R'd►p - , DA. Rd. T39N rvis - _. ach .-S'J i hthouse, Reserve; 40 a • RESEI 241 Whatcom County Public Works Project Narrative East Smith Road Pavement Rehabilitation CRP # Not Assigned Construction Funding Year(s): 2014 Project Narrative: fhis East Smith Road project is located between Everson -Goshen Road and State Route 542 in Section 25 of T39N, RK and Sections 28, 29, 30 T39N, R4E. The work will involve the pavement rehabilitation of approximately 3.25 miles of roadway. This project is listed #10 on the 2013-2018 Six -Year Transportation Improvement Program. Project Status: Design, permitting and construction to be completed in 2014. Total Estimated Project Cost: $1,875,000 Expenditures to Date: $0 Funding Sources: Federal State $1,500,000 (RAP application submitted) Local $375,000 (STIP 2014) Environmental Permitting SEPA, ESA Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A A � I N � I COD 0 � r m d. �10 -� s • E. Smith Rd. i ' m ' I m v v ZV r tit. I � I or` Hamlony Rd. I HuntleytRd."'z,Mrs Lee Wy. HEN a ' f CL I.1 ti{ CED ILLE c -y Ebedy Rd. io - �� E Hoff Rd. H d LAWRENCE a W —..—•y........... I 242 Whatcom County Public Works Project Narrative West Bakerview Road/Re-channelization & Pedestrian Improvements CRP # 912003 Construction Funding Year(s): 2013 Project Narrative: This project is located southwest of Interstate 5 between Bennett Drive and the Bellingham city limits in Section 14, T38N, R2E. The funds associated with this project are intended to support the City of Bellingham project and address traffic congestion at the intersection of 1-5 and Bakerview Road. WSDOT and the Port of Bellingham are also financial contributors to the city's project. The project will improve channelization, pedestrian movement and signal operations. This project is listed #11 on the 2013-2018 Six -Year Transportation Improvement Program. Project Status: Project is currently in the design phase with construction proposed in 2013. Total Estimated Project Cost: $100,000 County* Expenditures to Date: $0 *County Commitment on $3.2 million COB Project Funding Sources: Federal $0 State $0 Local $100,000 (STIP 2013) Environmental Permitting N/A Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A e CT Av. a,` BellingharrV Int'I ;0, Airport Country Ln. Bayon-1 Bd o Rd. 9 _ c Q o o �, 1\ L t e�� �ksaq��. .' . JYJS 11t;19 w f o - Van Wyck Rd SCL tuart Rd A � � KIND Bonney StV� a I a �� I - o C e h'o0 I.cSqualicumiCr. I I 243 Whatcom County Public Works Project Narrative Slater Road Intersections CRP # Not Assigned Construction Funding Year(s): 2015 Project Narrative: This Slater Road project is located between Imhoff Road and Ferndale Road in Sections 31 and 32 of T39N, R2E. The work involves the additions of turn lanes on Slater Road at Imhoff and Ferndale Roads, as well as widening the half mile roadway section to current standards between the intersections. This project is listed #12 on the 2013-2018 Six -Year Transportation Improvement Program. Project Status: Design, permitting and RNV would begin in 2014 with construction to be completed in 2015. Total Estimated Project Cost: $1,900,000 Expenditures to Date: $0 Funding Sources: Federal $1,270,000 (STP application submitted) State $0 Local $630,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) $200,000 County Forces (Estimate) N/A - Rd..- yo` ,_ I �, _I m a ' Tennant Ulrick Rd. /Lampman Rd. E . 0 _ :♦ 61 f rj ►Slater Rd. _ l ✓Y ,NSS South ,Q edRV 12 _ d } Rayhorst j .Ir ; Slater Rd' Q c`b . SIM Z "A qj , •m "1� •-�.I - �'�� -O Marietta Av - --- - 244 Whatcom County Public Works Project Narrative Hannegan Road, Van Wyck Road to Hemmi Road CRP # Not Assigned I Construction Funding Year(s): TBD I Project Narrative: This Hannegan Road project is located between Van Wyck Road and Hemmi Road in Sections 32, 5, 8, and 17 of T40N, RK and T39N, R3E. The work involves the pavement rehabilitation of approximately 4 miles of roadway. This project is listed #13 on the 2013-2018 Six -Year Transportation Improvement Program. Project Status: Design, permitting and construction would be contingent on the resolution of additional funding needs. A Grant application has been submitted. Total Estimated Project Cost: $1,500,000 Expenditures to Date: $0 Funding Sources: - Federal $0 State $0 Local $5,000 (STIP 2017) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBA County Forces (Estimate) N/A Wfkefflyhi 17 E Henri RI > IT a Cr LAUREL '0 M w. Lard Rd. E ILA A4 J W. AVM Rd- F-A pftA L A. —Rd) f ESTARd W S.10 74 its td 'La6n Rd. Luarmffln R I \JI --IVI- _' - A I E_ H=6 Rd- Fawn Lk kF_ II LAd r AI T 0. I 5 _0 Rd. E. SmiM F u-I Hamgrry Rd. rc IHIiI Rd. KM K& E 46don Rd •Lee V Van ck Rd van Wyck Rd. VM WYCK 245 Whatcom County Public Works Project Narrative West Badger Road, Sunrise Road to Markworth Road CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This West Badger Road project is located between Sunrise Road and Markworth Road in Sections 8 and 9 of T40N, R2E. The work involves reconstruction of approximately 2 miles of roadway, including realignment, widening, safety upgrades and water quality / quantity treatment. This project is listed #14 on the 2013-2018 Six -Year Transportation Improvement Program. Project Status: Design, permitting and R/W could begin in 2016; however, the degree of project activity would be contingent on resolution of funding needs. Total Estimated Project Cost: $5,000,000 Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 (STIP 2016) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A 1 �f -^' a', l Burk Rd. Barnhart Rd. a , r � i �+ v Q- E f —`-- W. Bad er Rd. f14 JO'S _ C r, cc _m 246 Whatcom County Public Works Project Narrative Portal Way, Birch Bay Lynden Road to Faris Road CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This Portal Way project is located between Birch Bay Lynden Road to Faris Road in Sections 27, 35, and 36 of T40N, R1 E. The work involves pavement rehabilitation of 2.85 miles of roadway. This project is listed #15 on the 2013-2018 Six -Year Transportation Improvement Program. Project Status: Design, permitting and construction would be contingent on the resolution of additional funding needs. A Grant application has been submitted. Total Estimated Project Cost: $1,375,000 Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 (STIP 2016) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A Binh Bay - Lynden Rd.'� U 4 L ;AY 00 3 Creasy. � � I ,J a _ CUSTER Arnie Rd. Arnie Rd. Willey` Jerson Rd. Tarte Rd. �i 1 Zell Rd. Nm m 1- Bay Rd. xs Bay Substation Har m / _ j 1 \ Cd --- r , - m � v m �\ J /ifdrh: i 247 Whatcom County Public Works Project Narrative Horton Road Connector, Northwest Drive to Aldrich Road CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: "this Horton Road Connector project is located between Northwest Drive and Aldrich Road in Section 2 of T38N, R2E. The work involves a'/2 mile of new roadway alignment, along with all the associated permitting, storm water and RNV issues. This project is listed #16 on the 2013-2018 Six -Year Transportation Improvement Program. Project Status: Design, permitting, RNV and construction would be contingent on the availability of additional grant monies coupled with traffic and development issues associated with the area. Total Estimated Project Cost: To Be Determined Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 (STIP 2018) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way. Acquisition (Estimate) TBD County Forces (Estimate) N/A SI ter 'Rd UnaIN i Madetta Av., ? Lost Lk" `, -------t= - — Skagit c i c Bellingham Oc, Intl � All Country Ln. Bayon 6d'c�o - Affs T eR Bee^ rr r. 0 rr Tcem; 0�O a i Rd. E Horton Rd Van Wyck Rd Stuart Rd'... i Wlis Fair h St I Whatcom County Public Works Project Narrative Slater Road and Northwest Drive Roundabout CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This Slater Road Roundabout project is located at Northwest Drive and Slater Road in Section 2 of T38N, R2E. The work involves the proposed installation of a new roundabout at the intersection with its associated permitting, R/W, access and storm water issues. This project is listed #17 on the 2013-2018 Six -Year Transportation Improvement Program. Project Status: Design, permitting, RNV and construction time frames would be contingent on availability of addition grant monies to fund the project, as well as resolution of some key acquisition and access issues. Total Estimated Project Cost: $3,800,000 Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 (STIP 2018) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A f.11 i It cm �k J Sk %+ 'CO i 1 . Lty -- i Marietta Aw ' - -- - Lost Tremors q r0 J v ion Rd. -gym--- - o_-_ N Q Q 01 LL c Bellingham t Intl Airport i I� y5s m y `��kello99 Rc i W-ieBakerview Rc BPik Fair Kelly Rd. L I E Horton Rd ; r -Van Wyck Rd ! ' Rd' KING,I Bonney St �v E. Bakerview Rd-1 249 Whatcom County Public Works Project Narrative Lincoln Road II, Harborview Road to SR 548(Blaine Road) Reconstruction and New Alignment CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This Lincoln Road project, from Harborview Road to SR 548 (Blaine Rd), is located in Sections 18 and 19 of T40N, R1 E. The work involves improvements to a 1 mile section that includes road reconstruction, new roadway alignment, safety upgrades, and storm water treatment. This project is listed #18 on the 2013-2018 Six -Year Transportation Improvement Program. Project Status: Design, permitting, RNV and construction time frames would be contingent on availability of addition grant monies to fund the project, as well as resolution of some key acquisition, access and wetland mitigation issues. Total Estimated Project Cost: $4,500,000 Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 (STIP 2018) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A 3 Mhm it Jr ' i Lincoln Rd. > 0 18 gf/ck '. =feet Rd. 0 ir C 'V 0 y, Lc i Bay!Lynden Rd. 250 Whatcom County Public Works Project Narrative Marine Drive, McAlpine Road to Alderwood Avenue Reconstruction and Bike/Ped Facilities CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This Marine Drive project is located between McAlpine Road and Alderwood Avenue in Sections 15 of T38N, R2E. The work involves reconstruction of approximately Y2 mile of roadway with emphasis on bike/pedestrian enhancements. This project is listed #19 on the 2013-2018 Six -Year Transportation Improvement Program. Project Status: Design, permitting, RNV and construction time frames would be contingent on availability of addition grant monies to fund the project. Total Estimated Project Cost: To Be Determined Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 (STIP 2018) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Airport i _ Bayon ed� Rd. N e� 0 jJ 0 Mall 251 Whatcom County Public Works Project Narrative Marine Drive, Alderwood Avenue to Bridge No. 172 Reconstruction and Bike/Ped Facilities CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This Marine Drive project is located between Alderwood Avenue and Bridge No. 172 in Sections 15 of T38N, R2E. The work involves reconstruction of approximately'/2 mile of roadway with emphasis on bike/pedestrian enhancements. This project is listed #20 on the 2013-2018 Six -Year Transportation Improvement Program. Project Status: Design, permitting, R/W and construction time frames would be contingent on availability of addition grant monies to fund the project. Total Estimated Project Cost: To Be Determined Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 (STIP 2018) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Airport ABakjrvi;ewRd- E. Bakery 252 Whatcom County Public Works Project Narrative Larrabee Road / Bear Creek Tributary — Fish Passage / Stream Restoration CRP # Not Assigned Construction Funding Year(s): 2018 Project Narrative: This project is located near the Bellingham city limits in Section 11, T38N, R2E. This is a project to provide fish passage, restore habitat, and reduce chronic flooding along a tributary to Bear Creek. This project is listed #21 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Project site is monitored routinely. Design scheduled to begin in 2018 pending results of the ongoing monitoring program. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $ State $ Local $5,000 (STIP 2018) Environmental Permitting To be determined Right -of -Way Acquisition (Estimate) To be determined County Forces (Estimate) To be determined Ka. cm Sha yy 1 \. _ nI` iremontAve d ion Rd_ E Horton Rd , �r J MadettaAV1 ��iT �o �,r � _ ^, n an Wyck Rd 1 1 j Lost Lk �'� Q- �0�,: ? ,1';`' Q m Stuart Rd I Skagit Bonney St r1lingharn nVIrp g Rd. ort _ r 3 j Country Ln. WrBakerview Rd- E. Bakerv�ew R on e°'4 Balks Fair _ Q- - - -----1 0� Mall McLeod NO Alde Rd: e "'— (9 i>°od Ave. m CD 253 Whatcom County Public Works Project Narrative Marine Drive / BNSF Railroad - Bridge No. 172 Bicycle and Pedestrian Improvements CRP #910017 Construction Funding Year(s): TBD Project Narrative: This project is located on Marine Drive at the BNSF Railroad crossing in Section 15, T38N, R2E. This is a bicycle and pedestrian improvements project to provide access over the BSNF tracks by widening the existing bridge or constructing a separated bicycle/pedestrian bridge. The project is listed #22 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Project is in conceptual design phase. Public input will be solicited prior to preliminary design. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $30,000 (STIP 2013) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) • None Lost.Lk' tb Sti �ri ? / it SkagA -a I.._ 1 Bellingham _.._. elog¢' Int Rd Airport Country Ln. WBakervi' ew Ri BayonN eat Rd. oI 22 r. E�lii�l Rd �o Q o I � Mall MCLeod Rdr o ood v� / w Nooksac c m r' (D NO r_AJa U) (7 is\six-year tip\2013-2018\2013-2018 draft narratives\22 marine dr-little squalicum brdg 172.docx 254 Whatcom County Public Works Project Narrative Potter Road - South Fork Bridge No. 148 Replacement CRP #998027 Construction Funding Year(s): 2013 / 2014 Project Narrative: this bridge replacement project is located in Sections 17 & 18, T38N, RSE. The existing single -lane bridge (14.5' wide & 243' in length) is Structurally Deficient and Functionally Obsolete. The replacement structure is a 360' two -span, pre- stressed and post -tensioned concrete girder bridge. Access will be maintained throughout construction as this is the only public access to the residential, agricultural and tribal community west of the river. The project is listed #23 on the 2013- 2018 Six -Year Transportation Improvement Program. Project Status: Design and construction funds have been secured. Final design phase is at 85% complete. The Nooksack Tribe has agreed to submit for $1 -1.5 million in additional BIA construction funds, which would lower the required Local Fund match if secured. Construction is proposed to start in 2013 depending on permitting and right-of-way acquisition. The construction duration is estimated at 2 + years due to fish windows and size of the project. Total Estimated Project Cost: $9,600,000 Expenditures to Date: $1,150,000 Funding Sources: Federal $7,700,000 BRAC State $0 Local $1,900,000 Environmental Permitting BA, HPA, SEPA, Corps of Engrs, CLR/CAO, Shorelines, DNR Right -of -Way Acquisition (Estimate) $100,000 County Forces (Estimate) N/A El 0) (D� ; 6i ATN-,. � alnn� lrb } J VAN ZANDT DIKE Mosql .�, r �_� 1 kTM is\six-year tip\2013-2018\2013-2018 draft narratives\23 potter rd bridge.docx 255 Whatcom County Public Works Project Narrative Mosquito Lake Road / Canyon Creek Bridge No. 334 Rehabilitation CRP # - Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located on Mosquito Lake Road at Canyon Creek in Section 27, T39N, R5E. This is a rehabilitation and sediment management project to reduce chronic flooding and debris accumulation at Bridge No. 334. The project is listed #24 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Final sediment transport study completed in May 2012. Conceptual design and alternative analysis ongoing. Total Estimated Project Cost: TBD Expenditures to Date: $25,000 Funding Sources: Federal $0 State $0 Local $45,000 ($20,000 STIP 2013) Environmental Permitting HPA, SEPA Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A .. . Mt $air DEMIN-`{`T �/� - L ic- t,�atst►aa�� '':..�..: =.a.li ".Canyon L! t y I ;;K a.rar h �( 45, ANUS 3,1 '�I 256 Whatcom County Public Works Project Narrative Slater Road / Nooksack River Bridge No. 512 Painting CRP # - Not Assigned Construction Funding Year(s): 2013 Project Narrative: "this project is located on Slater Road at the Nooksack River in Section 6, T38N, R2E. This is a painting project to sandblast and repaint the 1957 steel truss bridge. The project is listed #25 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: "the project was submitted for BRAC funding in May 2012. Construction pending acquisition of BRAC funds. Total Estimated Project Cost: $1,810,000 Expenditures to Date: $0 Funding Sources: Federal $1,810,000 (pending BRAC award) State $0 Local $0 Environmental Permitting HPA, NEPA, County Shorelines Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A 10 L. �- 1. ,' r � .� I ...�.� ..:. e.. _ ..Q'. _ 1 ca 00 { �� f,� Ulrick Rd. Tennant^ c W: Simith R�df f� O 6mpman Rd. I E c r rLL 1 ( t Q �� , Larson Rd. ;Q Sunset Ave. Lange Rd: I ` 1 I Stater Rd. 1 .: • , Slater Rd. �X -J Q Rayhorst, cc `Shao C ut d�• So h,Qed R v e� 3 R I �y0 �c, it ¢,• ,...L � }:' � Q^� - I �r�s Panetta Av. I 'TT 257 Whatcom County Public Works Project Narrative Marine Drive / Little Squalicum Creek - Bridge No. 1 Rehabilitation CRP #910017 Construction Funding Year(s): 2014 Project Narrative: This project is located near the Bellingham city limits in Section 8, T38N, R2E. This is a rehabilitation project to replace the bridge deck, strengthen the girders and cross beams, and remove the existing load restrictions on the bridge. The project is listed #26 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: The project was submitted for BRAC funding in May 2012. Construction pending acquisition of BRAC funds. Total Estimated Project Cost: $2,900,000 Expenditures to Date: $0 Funding Sources: Federal $2,900,000 (pending BRAC award) State $0 Local $0 Environmental Permitting HPA, NEPA Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A 'WNP • • • I I' 11� ■IIVA r��1111f� �a�■ ` 1 1111 111 IIII�,�j�f,MINI1 ME. 11/��,A +�-• moll 111 fill I' ' ' �, 11� IIIi111�11;•,�.•.••,•.1loll milli fill IIrm�d�,� �1poll 111 _y ON I moll mom of 258 Whatcom County Public Works Project Narrative Hannegan Road / Nooksack River - Bridge No. 252 Scour Mitigation CRP #911002 Construction Funding Year(s): 2013 Project Narrative: This project is located just south of the Lynden city limits in Section 20, T40N, R3E. This is a rehabilitation project to mitigate scour on the existing bridge. This project is listed #27 on the 2013-2018 Six Year Transportation Program. Project Status: BRAC funds were awarded in November of 2010. Design and permitting underway. Total Estimated Project Cost: $274,000 Expenditures to Date: $ 12,000 Funding Sources: Federal $274,000 (BR) State $ Local $ Environmental Permitting HPA, SEPA, SEC 404, NEPA, County Shorelines Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) None C L l 3 d 3 t--.. 1 .-• -.i` w Mgt •z J Main E. St•^ _ +' / — LY,NDEN� �: ~ ``�f KatnR' 9h d m ■ � r Tromp 1 Rd. � i � ►'� t �,r ` 1 ; ' ``� � m mden Rd. - Kok Rd_ ` _ 27 Z o Polinder Rd. A0 Abbot Rd.13 J O IN pltCh SCQj� 259 Whatcom County Public Works Project Narrative Mosquito Lake Rd / North Fork Nooksack - Bridge No. 332 Scour Mitigation CRP #911003 Construction Funding Year(s): 2013 Project Narrative: this project is located east of Deming in Section 32. T41 N, R5E. This is a rehabilitation project to mitigate scour on the existing bridge. This project is listed #28 on the 2013-2018 Six Year Transportation Program. Project Status: BRAC funding awarded November 2010. Design is complete and permitting is ongoing. Total Estimated Project Cost: $196,000 Expenditures to Date: $ 12,000 Funding Sources: Federal $196,000 (BR) State $0 Local $0 Environmental Permitting HPA, SEPA, SEC 404, NEPA, County Shorelines Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) None Bier. DEM."& - i . 4T � ;9 on 28 ?_wcr rrw,F i �Ca: 1 fo. MarsN� --� -•--_AFL ''� �:,3:. -- 260 Whatcom County Public Works Project Narrative South Pass Road / Saar Creek - Bridge No. 212 Replacement CRP #911004 Construction Funding Year(s): 2013 Project Narrative: This project is located southeast of Sumas in Section 17, T40N, R5E. This is a project to replace the existing 31 foot bridge with a 40 foot voided slab bridge. This project is listed #29 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: To be completed by County Forces in 2013. Total Estimated Project Cost: $250,000 Expenditures to Date: - 0 - Funding Sources: Federal $ State $ Local $250,000 (STIP 2013) Environmental Permitting HPA, SEPA, SEC 404, County Shorelines Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) $120,000 y...........s cr m m FGAview Rd.: t Q z z Bishop Rd. j-y fl:'` y� a .. Ree a m fulorgan Rd I % 29 H„ y Winaker Rd. y F m �a' Limestone Rd. I� - Deeter Rd. RED I41TN. y �I. I {vid Dt.UMBIA ,e ge. VA'LEY �� SQ f 261 Whatcom County Public Works Project Narrative Portal Way / Dakota Creek - Bridge No. 500 Seismic Retrofit CRP #910001 Construction Funding Year(s): 2014 Project Narrative: This project is located south of Blaine in Section 8, T40N, R1 E. This is a seismic retrofit project to mitigate the risk of failure in the event of a seismic event. This project is listed #30 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Design is complete. Application for BRAC funding submitted May 2012. Permitting is ongoing. Total Estimated Project Cost: $3,000,000 Expenditures to Date: $200,000 Funding Sources: Federal $2,800,000 (pending BRAC award) State $0 Local $200,000 Environmental Permitting HPA, SEPA, SEC 404, NEPA, County Shorelines Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) None �dce P —C . . . .....:.. 15 r Linroln Rd i Pipeline. ;' Rd71� I ( Sweet Rd. _� �. I 2 ;`Hoier.Rd. !il West Rd: }.. __ :;`- .__ ,;- ; . I '~ .... _ .firjo McGee �- Rd! 1 �. i y 262 Whatcom County Public Works Project Narrative Jackson Road / Terrell Creek - Bridge No. 81 Replacement CRP # Not Assigned Construction Funding Year(s): 2015 Project Narrative: rhis project is located near Birch Bay in Section 31, T40N, R1W. This is a project to replace the existing 62-foot functionally obsolete bridge. This project is listed #31 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2014. Total Estimated Project Cost: $ 620,000 Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $620,000 (STIP 2014-2015) Environmental Permitting To be determined Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) To be determined BIRCH BAY Arnie Rd. Aladerson Rd. Tame F 0` TON - Bay Rd. --- Y T 39 N - �H BAY STp►TE.PARK " Qc• .�yTerrl � o r N`�r� 1 Pt..Whitehom Grandview Rd. .ti 00 263 Whatcom County Public Works Project Narrative Stein Road / Dakota Creek Tributary - Bridge No. 91 Replacement CO # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located east of Blaine in Section 13, T40N, R1 E. This is a project to replace the existing 50-foot bridge. this project is listed #32 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2014. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $10,000 (STIP 2015) Environmental Permitting To be determined Right -of -Way Acquisition (Estimate) To be determined County Forces (Estimate) To be determined _ ---�- '�' �rM1Rd. ' r,r 1y� �'1�I Floie Haynie Rd. "s c McGee Rd! r o � --..- Loomis T :0/ BIrC(� S Behme Rd. _l32 JUS 7 O \ r Je: IW. Badger Rd. n— , 264 Whatcom County Public Works Project Narrative Mosquito Lake Road / Porter Creek - Bridge No. 141 Replacement CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: this project is located south of Welcome in Section 11, T38N, R5E. This is a project to replace the existing 31-foot bridge in order to mitigate ongoing scour and debris issues. This project also affords an opportunity to address geometric issues that arose from the emergency realignment of Mosquito Lake Road in 2004. This project is listed #33 on the 2013- 2018 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2016. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $10,000 (STIP 2016) Environmental Permitting To be determined Right -of -Way Acquisition (Estimate) To be determined County Forces (Estimate) To be determined p,,'•�7r r'z Lt / 4' tad. �' VAN Sr_ _ �.�,�--• �� >�=� `�. J ZJANDT c ) - - Scr0 --- _ i s fib' Q,\ a 1, af ,�. Z t VAN ZANDTDIKE !y } 3�:: dal � : y , • -� .}" � '�,,. Mosquito Lk. } 265 Whatcom County Public Works Project Narrative N. Lake Samish Road / Lake Samish - Bridge No. 107 Rehabilitation CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located on Lake Samish in Section 27, T37N, RK. This is a project to rehabilitate the deteriorating timber deck on the existing 250-foot bridge. This project is listed #34 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Project will be submitted for funding during the next BRAC grant cycle (estimated 2014) Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: $ 0 State $0 Local $10,000 (STIP 2013) Environmental Permitting To be determined Right -of -Way Acquisition (Estimate) None required County Forces (Estimate) To be determined ?i e�asam�sn, ,�' . LOOKOUT MTN. b 4ke%:Pt _- , ... Fiuckariut Rode c j 1'' 1 �- F I Jyto ;CHUCKANUT MTN. CO .. L- hudcariut is 70 i Cedar.y .: `A` 'j . i Lk:Rne. Lk. * F` SO pr. 4 1 . A. . JG,KANU-MAY 1 f. _ 34.. ., s•I..:; a�01 ine Rd.:rr Reed j Fragranc6Lk LARRAB STATE : w O` �< U PA r'i'lp'Wi Cove , ' I f BLANCHARD MTN- * ' _ N Cain'.Lk. ' W HATCOM COUNTY II.�o 266 Whatcom County Public Works Project Narrative Hannegan Road / Ten Mile Creek - Bridge No. 236 Replacement CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located on Hannegan Road between Central and Ten Mile Roads in Section 16, T39N, R3E. This is a project to replace the last 31-foot channel beam bridge on the Hannegan Road. This old design is not suited for the volume of truck traffic present on the Hannegan Road. This project is listed #35 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Project design will be completed in 2013. Construction funding will be sought once the design is complete. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $100,000 (STIP 2013) Environmental Permitting To be determined Right -of -Way Acquisition (Estimate) None required County Forces (Estimate) None Green Lk. 1 Beard Rd. err �e Cr. r' W.King Tut Rd. -' Cer 35� Q ° f Ten Mile d O ul CO U �.. rn -�I�w�a , m E. Hemmi Rd. rr � c E. Hemmi Rd. z M W. Hemmi Rd. ` / I i-v r LAUREL W. Laurel Rd. E. Laurel Rd. .i a •O Ix �� r ..N� ( 267 Whatcom County Public Works Project Narrative Refurbish / Upgrade of the Whatcom Chief CRP #910012 Construction Funding Year(s): To Be Determined Project Narrative: "this project involves the upgrade and preservation of the current ferry to Lummi Island, MN Whatcom Chief. The project definition will address safety, accessibility and reliability concerns associated with the approximately 50 year old ferry. This project is listed #36 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Opportunities for project funding will be reviewed as they become available. Total Estimated Project Cost: TBD Expenditures to Date: $2,000 Funding Sources: Federal $0 State $0 Local $104000 (STIP 2013-2014) Environmental Permitting None Required Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A MN Whatcom Chief Whatcom County Public Works Project Narrative Ferry Dock Improvements CRP #912004 Construction Funding Year(s): 2013 - 201$ Project Narrative: This project includes improvements to the ferry docks at Gooseberry Point and Lummi Island, in Sections 3 & 4, T37N, R'I E. It includes replacement of dolphins, wingwalls, paint systems and other dock facilities. This project is listed #37 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Design, permitting, and construction activities are ongoing Total Estimated Project Cost: $1,525,000 Expenditures to Date: N/A Funding Sources: Federal $ State $ Local $1,525,000 (STIP 2013-2018) Environmental Permitting HPA, SEPA, CORPS 404, COUNTY SHORELINES Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A °;. ,JV Village'Pt: . w5s . Legoe B4 . ow 269 Whatcom County Public Works Project Narrative Ferry Parking CRP #912005 Construction Funding Year(s): 2013 Project Narrative: This project will increase public parking sites at Gooseberry Point within county road right-of-way. This project is listed #38 on the 2012-2017 Six Year Transportation Improvement Program. Project Status: Preliminary design to be conducted 2013. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $50,000 (STIP 2013) Environmental Permitting To Be Determined Right -of -Way Acquisition (Estimate) To Be Determined County Forces (Estimate) To Be Determined 270 Whatcom County Public Works Project Narrative Ferry Queuing CRP # 912006 Construction Funding Year(s): 2013 Project Narrative: this project is in fulfillment of the ferry lease obligation. This project will improve queuing of vehicles at the Gooseberry Point Ferry landing. This project is listed #39 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Not yet begun. Total Estimated Project Cost: $ 350,000 Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $350,000 (STIP 2013) Environmental Permitting To Be Determined Right -of -Way Acquisition (Estimate) To Be Determined County Forces (Estimate) To Be Determined 271 Whatcom County Public Works Project Narrative Replacement of the Whatcom Chief CRP # Not Assigned Construction Funding Year(s): To Be Determined Project Narrative: Fhis project involves replacement of the current ferry to Lummi Island, MN Whatcom Chief. This project is listed #40 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Opportunities for project funding will be reviewed as they become available. Total Estimated Project Cost: TBD Expenditures to Date: $350,000 (approx) Funding Sources: Federal $0 State $0 Local $10,000 (STIP 2015) Environmental Permitting None Required Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) None MN Whatcom Chief 272 Whatcom County Public Works Project Narrative Various Bridges Rehabilitation / Replacement CRP #912007 Construction Funding Year(s): 2013 - 2018 Project Narrative: this item provides funding to address unanticipated bridge'rehabilitation and/or replacement. It is listed #41 on the 2013- 2018 Six Year Transportation Improvement Program. Project Status: Design and construction to occur as necessary. Total Estimated Project Cost: $900,000 Expenditures to Date: N/A Funding Sources: Federal $ State $ Local $900,000 (STIP 2013-2018) Environmental Permitting To Be Determined Right -of -Way Acquisition (Estimate) To Be Determined County Forces (Estimate) To Be Determined Due to the nature of this item, no map exists. Council review and prioritization will be sought at the appropriate times. is\six-year tip\2013-2018\2013-2018 draft narratives\41 various brdge rehab repl.docx 273 Whatcom County Public Works Project Narrative Subdivision Overlays CRP # Not Assigned Construction Funding Year(s): 2016 Project Narrative: this item addresses the placement of HMA (Hot Mix Asphalt) on County Roads in dense residential areas. Locations to be determined. This project is #42 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Design and construction will be completed in 2016. Total Estimated Project Cost: $750,000 Expenditures to Date: Funding Sources: Federal $0 State $0 Local $750,000 Environmental Permitting N/A Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. is\six-year tip\2013-2018\2013-2018 draft narratives\42 subdivision overlays.docx 274 Whatcom County Public Works Project Narrative Structural Overlays CRP # Not Assigned Construction Funding Year(s): 2015 Project Narrative: This item addresses the placement of HMA (Hot Mix Asphalt) on County Roads classified as major and minor collectors. Locations to be determined. This project is #43 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Design and construction of various roadways will be initiated in 2015 and extend through 2018. Total Estimated Project Cost: $1,150,000 Expenditures to Date: Funding Sources: Federal $0 State $0 Local $1,150,000 (STIP 2015-2018) Environmental Permitting N/A Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. is\six-year tip\2013-2018\2013-2018 draft narratives\43 structural overlays.docx 275 Whatcom County Public Works Project Narrative Right of Way Acquisition CRP # Not Assigned Construction Funding Year(s): 2013-2018 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 #44 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: N/A Total Estimated Project Cost: $20,000 / Yr Expenditures to Date: Funding Sources: Federal $0 State $0 Local $20,000/year (STIP 2013 - 2018) Environmental Permitting To Be Determined Right -of -Way Acquisition (Estimate) To Be Determined County Forces (Estimate) N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. is\six-year tip\2013-2018\2013-2018 draft narratives\44 right of way acquisition.docx 276 Whatcom County Public Works Project Narrative Unanticipated Site Improvements CRP # Not Assigned Construction Funding Year(s): 2013 Project Narrative: This Annual Construction Program item addresses the unanticipated project(s) that may arise during a given year that require immediate action due to safety concerns, environmental factors, traffic volumes, accident history, funding or grant availability and other issues not related to an existing program project. This project is listed #45 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Design and construction will be completed in 2013. Total Estimated Project Cost: $300,000 / year Expenditures to Date: Funding Sources: Federal $0 State $0 Local $300,000 (STIP 2013) Environmental Permitting To Be Determined Right -of -Way Acquisition (Estimate) To Be Determined County Forces (Estimate) N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. is\six-year tip\2013-2018\2013-2018 draft narratives\45 unanticipated site improvements.docx 277 Whatcom County Public Works Project Narrative Roadway Frost Depth Detectors CRP # Not Assigned Construction Funding Year(s): 2013 - 2014 Project Narrative: This item provides funding to address replacement of the County's aging network of roadway frost depth detectors. these detectors are critical for implementing appropriate roadway restrictions to prevent structural r damage following periods of deep frost. It is listed #46 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Design and construction to occur in 2013 - 2014. Total Estimated Project Cost: $100,000 Expenditures to Date: N/A Funding Sources: Federal $ State $ Local $100,000 (SfIP 2013-2014) Environmental Permitting To Be Determined Right -of -Way Acquisition (Estimate) To Be Determined County Forces (Estimate) To Be Determined Due to the nature of this item, no map exists. Location of the new roadway frost depth detectors will be determined in 2013. is\six-year tip\2013-2018\2013-2018 draft narratives\46 roadway frost depth detectors.docx 278 Whatcom County Public Works Project Narrative Stormwater Quality Improvements CRP # Not Assigned Construction Funding Year(s): 2015 Project Narrative: This project varies in location. Identification and prioritization to be addressed and reviewed through County Council. This project is listed #47 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Design and construction will be completed in 2015. Total Estimated Project Cost: $150,000 / year Expenditures to Date: Funding Sources: Federal $0 State $0 Local $150,000 / yr (STIP 2015-2018) Environmental Permitting To Be Determined Right -of -Way Acquisition (Estimate) To Be Determined County Forces (Estimate) To Be Determined Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. is\six-year tip\2013-2018\2013-2018 draft narratives\47 stormwater quality improve ments.docx 279 Whatcom County Public Works Project Narrative Non -motorized Transportation Improvements CRP # Not Assigned Construction Funding Year(s): 2013 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, shoulder widening) in various locations around the county. This project is listed #48 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Design and construction will be completed in 2013. Total Estimated Project Cost: $100,000 / year Expenditures to Date: Funding Sources: Federal $0 State $0 Local $100,000 / year (STIP 2013 - 2018) Environmental Permitting To Be Determined Right -of -Way Acquisition (Estimate) To Be Determined County Forces (Estimate) To Be Determined Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. is\six-year tip\2013-2018\2013-2018 draft narratives\48 non -motorized transportation.docx 280 Whatcom County Public Works Project Narrative Fish Passage Project CRP #912014 Construction Funding Year(s): 2015 - 2018 Project Narrative: This project is for the design and construction of fish passage projects. This project is listed #49 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Design and construction will begin in 2015 Total Estimated Project Cost: $800,000 Expenditures to Date: N/A Funding Sources: Federal $0 State $0 Local $800,000 (STIP 2015-2018) Environmental Permitting To Be Determined Right -of -Way Acquisition (Estimate) To Be Determined County Forces (Estimate) N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. is\six-year tip\2013-2018\2013-2018 draft narratives\49 fish passage project.docx 281 Whatcom County Public Works Project Narrative Railroad Crossing Improvements CRP # Not Assigned Construction Funding Year(s): 2013 Project Narrative: Locations to be determined. Identification and prioritization to be addressed. This project is listed #50 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Design and construction will be completed in 2013. Total Estimated Project Cost: $50,000 Expenditures to Date: - 0 - Funding Sources: Federal $0 State $0 Local $50,000 (STIP 2013) Environmental Permitting To Be Determined Right -of -Way Acquisition (Estimate) To Be Determined County Forces (Estimate) To Be Determined Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. is\six-year tip\2013-2018\2013-2018 draft narratives\50 railroad crossing improve ments.docx 282 Whatcom County Public Works Project Narrative Neighborhood Traffic Calming CRP # Not Assigned. Construction Funding Year(s): 2015 Project Narrative: Locations to be determined. Identification and prioritization to be addressed. This project is listed #51 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Design and construction will be in 2015. Total Estimated Project Cost: $40,000 / year Expenditures to Date: - 0 - Funding Sources: Federal $0 State $0 Local $40,000 / year (STIP 2015-2018) Environmental Permitting To Be Determined Right -of -Way Acquisition (Estimate) To Be Determined County Forces (Estimate) To Be Determined Due to the nature of this program item, no map exists. 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N CO O Ef3 Cn Ef3 CO Cn CA Ef3 M O M Ef3 O � CA E93 M O Ef3 I� � N E93 CA ti O Ef3 N N Ef3 O O 1� Ef3 O O O Ef3 M Cl Ef3 O � O Ef3 Q 7 Ef3 M O Ef3 1.- O Ef3 a M Ef3 0 CO O OEA O LO to OFfl O C N •� a V L C LL !0 m m O N O _ Ef3 1-- N O _� Ef3 N � N �- Ef3 1-- O O _O Ef3 O O 1- �- Efi O O •- EA � M O �_ EA N O CO _O EA CO O O O u:l Cn CO �_ EA r CO O U;3 M N N ui O 1� M - U:3 M O O N bi � O O U-: O 7 O E v U, IT U;3 1� l: _O Ef3 O N M 'q- Cn co � O . CA O N_ � Cn CO 1� CD ` Cp d O O N O O N O O N O O N O O N O O N O O N O O N O O N O O N - O N O N O N _M O N O N O N O N O N O N CC CC CC CC CC CC CC M C6 M M CC .O C1 C1 C1 C1 C1 C1 287 2012 Rating UC UC UC UC 27 28 31 35 36 36 37 38 38 39 39 39 40 40 40 41 41 41 41 41 41 42 42 42 42 42 42 42 42 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 44 44 44 45 45 Road Name Lake Whatcom Boulevard Lake Whatcom Boulevard Lake Whatcom Boulevard Hannegan Road Lake Whatcom Boulevard Lake Whatcom Boulevard North Shore Road Lake Louise Road Lake Louise Road Marine Drive Lake Whatcom Boulevard Haxton Way Marine Drive Bennett Drive Cain Lake Road North Telegraph Road Marine Drive Semiahmoo Drive Shintaffer Road Axton Road (E) Harborview Road Lake Louise Road Mosquito Lake Road North Shore Road Yew Street Road Bakerview Road (W) Beach Way Goodman Road Marine Drive Mosquito Lake Road Mosquito Lake Road Northwood Road Van Wyck Road Badger Road (W) Birch Bay Drive Cedarville Road Drayton Harbor Road Goshen Road Kickerville Road Lake Louise Road Mountain View Road Northwood Road Nugent Road Nugent Road Nugent Road Slater Road Van Buren Road Wiser Lake Road (E) Wiser Lake Road (W) South Pass Road Van Buren Road Vista Drive APA Road Birch Point Road Attachment "C" 2012 Whatcom County Priority Rating Program From Strawberry Point Road MP 2.07 Seaplane Road Scott Ditch Southern Ct (private) Cable Street Bellingham C/L UAB Sudden Valley Campground Wynn Road Lake Louise Road Kwina Road Bridge #5 Airport Drive NE Cain Lk Rd Sorenson Road Ferndale Road Elderberry Lane Lincoln Road SR 539 Lincoln Road Lake Whatcom Boulevard North Fork Road MP 1.00 Spring Valley Dr (private) Bellingham C/L Slater Road Johnson Road Old Marine Drive Hutchinson Creek Township Line Badger Road (E) Hannegan Road Sunrise Road Alderson Road Goshen Road Harborview Road Fazon Road Bay Road UAB Olson Road Pangborn Road Legoe Bay Road Ferry Dock Blizard Road Ferndale C/L Hampton Road SR 539 Ritter Road Goodwin Road MP 3.34 Ferndale C/L Tyee Drive Semiahmoo Drive To MP 2.07 Seaplane Road Lake Louise Road Lynden C/L South Bay Drive Strawberry Point Road MP 1.00 Austin Street UAB Old Marine Drive Southern Ct (private) Slater Road Ferndale Road Bakerview Road (W) Lake Whatcom Boulevard Badger Road (E) Rural Avenue Blaine C/L Birch Bay Drive Hannegan Road Drayton Harbor Road Gate 5 (SV) SR 542 Y Road Samish Way Bennett Drive Sucia Drive Meadow Lane Alderwood Avenue Middle Fork Bridge North Fork Road Pangborn Road SR 542 Markworth Road Harborview Road SR 542 Blaine Road Cedarville Road Arnie Road Sudden Valley Campground Ferndale C/L Halverstick Road Granger Road Blizard Road West Shore Drive Pacific Highway Lindsay Road Hannegan Road SR 539 North Pass Road Halverstick Road Grandview Road Boundary Bay Road Birch Bay Village Entrance Length 0.36 1.17 1.39 1.51 2.25 1.50 1.00 0.60 1.13 0.44 0.63 1.82 0.49 0.26 0.37 2.19 0.67 0.96 0.60 1.97 0.47 0.50 0.95 1.87 0.71 0.33 0.36 0.25 0.22 3.97 1.94 1.00 2.15 2.01 1.12 1.39 0.90 1.23 1.01 1.72 0.77 1.01 0.20 1.01 1.48 0.29 0.55 2.12 2.68 1.74 1.41 1.67 1.50 1.58 FFC 17 17 17 7 7 17 16 16 7 16 7 7 17 7 8 7 7 7 7 7 7 8 16 16 17 8 8 16 8 8 8 7 7 7 8 7 8 8 7 16 8 8 8 8 16 7 8 8 7 8 17 8 7 Page 1 of 6 2012 Rating 45 45 45 45 45 45 45 45 45 45 45 46 46 46 46 46 46 46 46 46 46 46 46 47 47 47 47 47 47 47 47 47 47 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 Road Name H Street Road Kickerville Road Lake Louise Road Lake Samish Drive (W) Lake Samish Drive (W) Mosquito Lake Road Mosquito Lake Road Northwood Road South Bay Drive South Pass Road Vista Drive Benson Road Goodwin Road Goodwin Road Gooseberry Spur Hovander Road Johnson Road Laurel Road (E) Legoe Bay Road Mountain View Road Northwest Drive Siper Road West Shore Drive Alderwood Avenue Bay Road Ferndale Road Grandview Road Halverstick Road Hopewell Road Lummi Shore Road Marine Drive Marine Drive Marine Drive Boundary Bay Road Cain Lake Road Drayton Harbor Road Ferndale Road Halverstick Road Halverstick Road Hannegan Road Jackson Road Kickerville Road Lake Samish Drive (N) Laurel Road (W) Lummi Shore Road Maplewood Avenue (W) Marine Dr / Edwards Dr Meadow Lane Mosquito Lake Road North Telegraph Road Old Samish Road Olson Road Slater Road Slater Road Attachment "C" 2012 Whatcom County Priority Rating Program From Axling Road Arnie Road Gate 5 (SV) Nulle Road Summerland Road Old Garbage Dump Road Middle Fork Bridge Hampton Road Lake Whatcom Boulevard North Pass Road Grandview Road Teller Road Sorenson Road South Pass Road Lummi view Drive Smith Road (W) James Road SR 539 Nugent Road Lake Terrell Road Pole Road (W) MP 0.81 Legoe Bay Road Marine Drive Blaine Road Slater Road Point Whitehom Way Northwood Road Siper Road Lummi View Drive Gulf Road Bancroft Road Alderwood Avenue APA Road Skagit County Line Blaine C/L Ulrich Road Van Buren Road Crape Road Van Wyck Road Birch Bay Drive Rainbow Road Lake Samish Drive (W) Aldrich Road Cagey Road Bellingham C/L Gulf Road Goodman Road SR 9 Badger Road (E) MP 2.51 Aldergrove Road Lake Terrell Road Haxton Way To Sunrise Road Birch Bay Lynden Road UAB Summerland Road Lake Samish Drive (N) Hutchinson Creek Township Line UAB Brannigan Creek Frost Road Bay Road Boundary Bay Road South Pass Road Hopewell Road Ferry Dock Ferndale C/L Boundary Bay Road Hannegan Road West Shore Drive Olson Road Ritter Road Hopewell Road Nugent Road Airport Drive Kickerville Road Ulrich Road Jackson Road Van Buren Road Goodwin Road MP 0.91 Roosevelt Road Wynn Road McAlpine Rd Johnson Road NE Cain Lk Rd Harborview Road Ferndale C/L Crape Road Garrison Road Smith Road (E) Grandview Road Grandview Road Lake Samish Drive (E) SR 539 Marine Drive Bakerview Road (W) Marina rive Roosevelt Road MP 0.94 Sumas Road Bellingham C/L Mountain View Road Haxton Way Ferndale Road Length 3.78 1.01 0.11 1.73 0.87 3.17 2.67 0.75 2.77 4.16 1.61 1.75 1.00 2.54 0.05 0.29 1.18 1.97 1.67 2.00 0.84 0.99 2.31 0.34 0.98 1.05 0.98 3.54 0.23 0.64 1.27 0.20 0.51 1.00 1.80 1.16 0.38 1.02 1.00 2.02 1.43 2.01 0.93 1.51 2.76 0.26 1.27 0.26 0.94 1.88 0.69 1.99 2.50 1.47 FFC 7 8 17 8 8 8 8 8 8 7 8 8 8 8 7 16 8 8 8 7 8 8 8 16 7 7 7 8 8 8 8 16 16 8 7 8 16 8 8 7 8 7 8 8 8 14 8 8 8 8 8 8 7 7 Page 2 of 6 e 2012 Rating Road Name 48 Slater Road 48 South Bay Drive 49 Birch Bay Lynden Road 49 Fazon Road 49 H Street Road 49 H Street Road 49 Laurel Road (W) 49 Laurel Road (W) 49 Mosquito Lake Road 49 Nugent Road 49 Portal Way 49 Rural Avenue 49 Silver Lake Road 49 Smith Road (E) 49 Smith Road (E) 49 Sunrise Road 50 Airport Drive 50 Alderwood Avenue 50 Birch Bay Drive 50 Ferndale Road 50 Hampton Road 50 Hannegan Road 50 Haxton Way 50 Hemmi Road (E) 50 Lummi View Drive 50 Seacrest Drive 50 Smith Road (W) 50 Van Buren Road 51 Bakerview Road (W) 51 Bay Road 51 Everson Goshen Road 51 Grandview Road 51 Hampton Road 51 Hannegan Road 51 Harksell Road 51 Kickerville Road 51 Lake Samish Drive (N) 51 Lincoln Road 51 Lummi View Drive 51 Northwest Drive 51 Nulle Road 51 Olson Road 51 Portal Way 51 Roosevelt Road 51 Silver Lake Road 51 Siper Road 51 Slater Road 51 Sunrise Road 51 Weidkamp Road 51 Y Road 52 Birch Bay Drive 52 Birch Bay Lynden Road 52 Cedarwood Avenue 52 Curtis Road Attachment "C" 2012 Whatcom County Priority Rating Program From Ferndale Road Brannigan Creek Portal Way Goshen Road SR 539 Sunrise Road Northwest Drive UAB MP 0.94 Sunrise Road Birch Bay Lynden Road Curtis Road SR 542 Noon Road Mission Road Nugent Road Alderwood Avenue Airport Drive Shintaffer Road Marine Drive UAB Smith Road (E) Mackenzie Road Everson Goshen Road Lummi Shore Road Sunrise Road Hovander Road Lindsay Road Bennett Drive Kickerville Road Hemmi Road (E) UAB Slotemaker Road Bellingham C/L Enterprise Road Birch Bay Lynden Road Lake Samish Drive (E) Blaine C/L Gooseberry Spur Smith Road (W) Lake Samish Drive (W) Vista Drive Grandview Road Marine Drive Rock Quarry SR 9 Beach Way Badger Road (W) Badger Road (W) North Shore Road Harborview Road Delta Line Road Bennett Drive Country Lane To R/R Crossing (C/L) Park Road MP 4.20 Hemmi Road (E) Axling Road Blaine C/L UAB Aldrich Road Old Garbage Dump Road Legoe Bay Road Blaine C/L Ferndale C/L Rock Quarry Mission Road SR 542 Seacrest Drive Airport Way Bellingham C/L Birch Point Road Slater Road Northwood Road Ten Mile Road Balch Road Mission Road Goosebery spur Scenic Estates Ferndale C/L Badger Road (E) Bellingham C/L Bruce Road Pole Road (E) Enterprise Road Van Buren Road Van Wyck Road Enterprise Road (N) Loomis Trail Road Old Samish Road 0.05 m. west of Shintaffer Rd Mackenzie Rd / Haxton Wy Axton Road (W) 1-5 Aldergrove Road Faris Road Tyee Drive South Pass Road MP 0.81 Lake Terrell Road H Street Road H Street Road Jensen Road Shintaffer Road Enterprise Road (N) Bellingham C/L Rural Avenue Length 1.40 0.94 0.54 0.77 1.24 2.72 0.50 0.49 0.74 1.13 3.73 0.58 3.22 2.01 224 0.75 0.46 0.71 0.66 1.89 1.66 2.57 0.94 1.00 1.69 1.21 0.17 1.00 0.26 2.76 2.08 0.25 2.24 0.25 0.38 1.00 0.87 0.39 0.44 1.00 0.62 1.90 1.38 0.93 2.67 0.81 1.09 2.02 1.96 1.87 0.97 1.90 0.10 1.50 FFC 7 8 7 8 7 7 17 8 8 8 7 17 8 7 7 8 16 17 7 7 7 7 8 8 16 7 16 8 7 7 7 16 7 8 8 7 7 16 8 8 16 8 8 8 8 7 8 8 7 7 17 17 Page 3 of 6 290 2012 Rating Road Name 52 Custer School Road 52 Hampton Road 52 Hemmi Road (E) 52 Marine Drive 52 Pole Road (W) 52 Portal Way 52 Sucia Drive 53 Airport Drive 53 Bancroft Road 53 Berthusen Road 53 Birch Bay Lynden Road 53 Birch Point Road 53 Breckenridge Road 53 Country Lane 53 Enterprise Road (N) 53 Haxton Way 53 Hemmi Road (E) 53 Lake Terrell Road 53 Loomis Trail Road 53 South Pass Road 54 Birch Bay Lynden Road 54 Birch Bay Lynden Road 54 Birch Bay Lynden Road 54 Birch Bay Lynden Road 54 Birch Bay Lynden Road 54 Everson Goshen Road 54 Everson Goshen Road 54 Harborview Road 54 Lindsay Road 54 Loomis Trail Road 54 Mountain View Road 54 Northwest Drive 54 Portal Way 54 Roosevelt Road 54 Semiahmoo Drive 54 Sorenson Road 54 South Pass Road . 54 Valleyview Road 55 Birch Bay Drive 55 Cottonwood Avenue 55 Kickerville Road 55 Lummi Shore Road 55 Northwest Drive 55 Northwest Drive 55 Park Road 55 Samish Way 55 Weidkamp Road 55 Y Road 56 Badger Road (E) 56 Bennett Drive 56 Grandview Road 56 Lakeway Drive 56 Old Samish Road 56 Van Dyk Road Attachment "C" 2012 Whatcom County Priority Rating Program From Creasy Road Northwood Road SR 539 Kwina Road Northwest Drive Faris Road BMP Airport Way Marine Drive Loomis Trail Road Harborview Road Birch Bay Village Entrance Nooksack C/L Rural Avenue Harksell Road Balch Road Hannegan Road Slater Road Blaine Road Frost Road Blaine Road MP 4.20 Enterprise Road (N) Rathbone Road Berthusen Road SR 542 Smith Road (E) Birch Bay Drive Van Buren Road Bob Hall Road Rainbow Road Axton Road (W) Brown Road Tyee Drive Birch Point Road Breckenridge Road Kendall Road Birch Bay Lynden Road State Park (north gate) Bennett Drive Grandview Road Kwina Road Bellingham C/L Paradise Road South Bay Drive Old Samish Road Loomis Trail Road Jensen Road Garrison Road Marine Drive Enterprise Road Bellingham C/L Lake Samish Drive (N) Theil Road To Birch Bay Lynden Road Slotemaker Road Hannegan Road Bridge #5 SR 539 Birch Bay Lynden Road Beach Way Bennett Drive Country Lane West Main Street Blaine Road Birch Bay Drive Sorenson Road Bancroft Road Brookwood Drive Kwina Road Everson Goshen Road Mountain View Road Portal Way Kendall Road Portal Way Delta Line Road Rathbone Road Berthusen Road Tromp Road (city limits) Smith Road (E) Hemmi Road (E) Lincoln Road Van Buren Road Berthusen Road Lake Terrell Road Paradise Road Grandview Road Meadow Lane Elderberry Lane North Telegraph Road Silver Lake Road Haynie Road Alderson Road Bellingham C/L Bay Road Haxton Way Smith Road (W) Pole Road (W) SR 9 Galbraith Lane Badger Road (W) SR 542 North Telegraph Road Airport Drive Dahlberg Road Terrace Avenue (N) MP 2.51 Everson Goshen Road Length 0.50 0.75 1.97 0.36 2.73 2.85 1.87 0.30 0.59 0.26 1.00 0.40 1.12 0.82 0.45 3.28 3.05 2.00 1.75 1.24 2.66 1.82 2.03 1.01 0.52 1.99 2.01 1.17 0.31 2.05 0.50 0.76 0.72 1.37 1.49 0.47 4.99 2.45 1.18 0.09 1.00 1.08 3.09 2.00 2.78 1.51 1.02 2.55 0.33 1.23 0.48 0.63 2.51 2.62 FFC 8 7 8 7 7 7 8 16 16 8 7 7 8 16 7 7 8 7 8 7 7 7 7 7 16 7 7 7 7 8 7 16 16 8 7 8 8 8 7 17 7 8 16 7 8 8 8 8 8 16 7 16 8 8 Page 4 of 6 291 2012 Rating 57 57 57 57 57 57 58 58 58 58 58 58 58 58 58 58 58 59 59 59 59 59 59 59 59 59 60 60 60 60 61 61 61 61 61 61 61 61 61 61 61 62 62 62 62 62 63 63 63 63 63 63 64 64 Road Name Britton Road Haynie Road Rock Road Samish Way Smith Road (E) Van Buren Road Baker Lake Road Bruce Road Custer School Road Enterprise Road (N) Enterprise Road (N) Main Street Point Whitehorn Road Slater Road South Pass Road Sweet Road Van Dyk Road Axton Road (W) Axton Road (W) Britton Road Enterprise Road Hannegan Road Haynie Road Marina Drive Stadsvold Road Terrace Avenue (N) Alderson Road Bender Road Birch Bay Drive Nulle Road Austin Street Axton Road (W) Boundary Road (E) Gulf Road Hannegan Road Lummi Shore Road Lummi Shore Road Marine Drive Smith Road (E) Van Wyck Road Yew Street Road Delta Line Road Nugent Road Tyee Drive Tyee Drive Van Buren Road Boundary Road (E) Cable Street Northwood Road Smith Road (W) Tyee Drive Yew Street Road Benson Road Rainbow Road Attachment "C" 2012 Whatcom County Priority Rating Program From Emerald Lake Way Valleyview Road Sumas Road Galbraith Lane SR 539 Badger Road (E) Skagit County Line Bay Road Main Street Brookwood Drive Birch Bay Lynden Road Bruce Road Grandview Road Pacific Highway Nooksack C/L Blaine C/L Hannegan Road Northwest Drive Aldrich Road SR 542 Ferndale C/L Ten Mile Road Stadsvold Road Edwards Drive Haynie Road Lakeway Drive Birch Bay Drive Boundary Road (E) Point Whitehorn Way 1-5 Lake Louise Road Ferndale C/L SR 539 Marine Drive Pole Road (E) MP 0.91 Smokehouse Road Bennett Drive Hannegan Road BMP Bellingham C/L Badger Road (W) Granger Road APA Road Gulf Road Everson C/L Bender Road Terrace Avenue (N) Halverstick Road Northwest Drive Benson Road Spring Valley Dr (private) Visser Road Mountain View Road To Bellingham C/L Delta Line Road Nims Road Bellingham C/L Hannegan Road MP 3.34 MP 3.93 Main Street Creasy Road Birch Bay Lynden Road Loomis Trail Road Custer School Road Birch Bay Drive Northwest Drive Goodwin Road Stadsvold Road Theil Road Aldrich Road SR 539 Emerald Lake Way Harksell Road Pole Road (E) Valleyview Road APA Road Sweet Road Cable Street Blaine Road Visser Road State Park (north gate) Skagit County Line Cable Street Northwest Drive Benson Road Tyee Drive Scott Ditch Smokehouse Road Cagey Road Bellingham C/L Noon Road Hannegan Road Spring Valley Dr (private) Haynie Road Ferry Dock Gulf Road Benson Road Hampton Road Northwood Road Lake Whatcom Boulevard Boundary Road (E) SR 539 Roosevelt Road Tacoma Av (private) Boundary Road (E) Kickerville Road Length 1.03 2.01 2.90 1.52 1.96 0.63 3.93 0.74 0.77 1.55 1.01 0.24 0.57 0.74 1.23 1.44 0.98 1.00 1.50 0.45 1.79 1.52 1.24 0.56 0.52 0.16 0.85 0.37 0.76 0.59 0.37 0.86 1.07 0.65 2.00 1.74 1.01 0.29 2.02 0.40 1.06 0.48 0.19 0.25 0.25 1.09 1.49 0.51 0.62 2.50 0.95 0.28 0.36 1.20 FFC 16 7 8 16 7 8 7 8 8 7 8 8 7 16 7 7 8 16 7 16 7 7 7 8 7 16 8 8 7 7 16 16 8 7 7 8 8 16 7 7 16 7 8 7 7 7 8 16 8 7 7 16 8 Page 5 of 6 292 Attachment "C" 2012 Whatcom County Priority Rating Program 2012 Rating Road Name From To Length FFC 65 Country Lane Bancroft Road Curtis Road 0.07 17 65 Grandview Road Jackson Road Blaine Road 1.02 7 65 Smith Road (W) Ferndale C/L Northwest Drive 0.57 16 66 Badger Road (W) Delta Line Road Sunrise Road 0.86 7 66 Badger Road (W) Markworth Road SR 539 3.05 7 66 Hampton Road Lynden C/L UAB 0.04 17 66 Kwina Road Haxton Way Lummi Shore Road 0.96 7 66 Marine Drive McAlpine Rd Bennett Drive 0.62 16 66 Visser Road Bender Road Benson Road 1.00 8 68 Loomis Trail Road Sunrise Road Bob Hall Road 2.00 8 70 Lincoln Road 0.05 m. west of Shintaffer Rd Harborview Road 0.79 7 77 Sunrise Road Birch Bay Lynden Road Badger Road (W) 2.01 8 Page 6 of 6 293 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(n Z 00 O 00 N CO O w N 00 CM CO O w M 00 O w V w 00 N CO w C'M m N M N CO N w O M CM 00 O 00 H M O CO c L N CO N O N ti N (D M M CO, O M_ O C) 0) M E o= = co M 'IT LO N LON �-- O O CO O M N CO O It N It N LON O .- O N M O U Z Y U U U U 3r 26 �06 w F06 N �6 y(_0 a �0 V @ @ (C6 @ a a a a a @ @ @ @ @ @ @ @ @ (CL a� d U U U U U U U U U U U U dLOCO LL LL LLU ti 00 O V O CO 00 jac)�O Ly4 PROPOSED BY: SPONSORED BY: Public Works INTRODUCED: 7.0 n.1J01 RESOLUTION NO. WHATCOM COUNTY SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2013 THROUGH 2O18 WHEREAS, pursuant to RCW 36.81.121, Whatcom County is required to prepare and adopt a Six -Year Transportation Improvement Program each year; and WHEREAS, pursuant to RCW 36.54.015, Whatcom County is required to prepare a Fourteen -Year Ferry Capital Program each year; and WHEREAS, following adoption of the Six -Year Transportation Improvement Program, the law required an annual review of the work accomplished under the program and a determination of current transportation needs; and WHEREAS, based upon the findings of the annual review, and after a public hearing, a revised Six -Year Transportation Improvement Program shall be adopted; and `WHEREAS, pursuant to RCW 36.81.121, the Six -Year Transportation Improvement Program and Fourteen -Year Ferry Capital Program must be consistent with the County comprehensive plan pursuant to RCW 36.70A; and WHEREAS, the Six -Year Transportation Improvement Program attached hereto as Exhibit "A" has been reviewed and determined to be consistent with the County's comprehensive plan; and WHEREAS, the Fourteen -Year Ferry Capital Program attached hereto as Exhibit "B" has been reviewed and determined to be consistent with the County's comprehensive plan; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council as follows: Page 1 295 1. That the Whatcom County Six -Year Transportation Improvement Program for the years 2013 through 2018, which is attached hereto as Exhibit "A", including the capital elements of the first six -years of the Fourteen -Year Ferry Capital Program, which is attached hereto as Exhibit "B", is hereby adopted. 2. That the County Engineer is directed to file a copy of the same with the County Road Administration Board and the State Secretary of Transportation. APPROVED this day of 1 , 2012. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Dan Gibson, Civil Deputy Prosecutor Page 2 Kathy Kershner, Chair of the Council 296 L 0 a i d 0 a E c O/� CL NN C LL L w� W N a W W V- 0 N H Im 9 E a z v a E' � "I MCD ; CD 0 z :i _a y QQ C I'N V ! 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W C J LL I I w) N q O r 10 � dv IM j I {NO X N LL rn 18 • I _..______ OI pp Nr N (n LL v 7 O yam_ c ' _-........._- L c NI LL , vl1210 Q 'qpm � o d' ��IL CJI OI jLL � I W as64d laa(oJd CO IT v sepoo Ruum I r.- y;6ue-11e;o1 w Bn3B3S I n I cA (s)--r-- T JuewaedFlnoJdwl a O G O N E O 0 LU 10-'a.0 I-O acZ w j2 M F- IO ly - --- :, Ll N N T I I W 10 W O a o 0; c m EVI m �v .0 W Co r o Z ZEp s a s 41 I E E O c m a o= E E g m V a c o f= W c m a c .c_ o o N g O I .+ a a W o U O W LL a J Cd > 2 JagwnN Co O AUJOIN N LO ` c Z sse1� —_ CD 0 V V Ieuolpun� CD CD 305 0 as O It a v N d Q n vi J a Exhibit B to the Six -Year Transportation Improvement Plan WHATCOM COUNTY 2013-2026 FOURTEEN -YEAR FERRY CAPITAL PROGRAM 306 Overview This program provides a blueprint for the effective, efficient, and continuing operation of the Whatcom County Ferry System within existing financial constraints. Capital improvements are scheduled based on many years of experience operating and maintaining the system, while complying with applicable regulations. Inevitably, priorities and available funds for the ferry system will change over the fourteen years projected in this program. Therefore, the intention of the program is to be a guide indicating long-range improvements and anticipated revenues and expenditures. Strict adherence is not required. Enacted in 1975, Revised Code of Washington (RCW) 36.54.015 states "The legislative authority of every county operating ferries shall prepare, with the advice and assistance of the county engineer, a fourteen year long range capital improvement plan embracing all major elements of the ferry system. Such plan shall include a listing of each major element of the system showing its estimated current value, its estimated replacement cost, and its amortization period." Table 1: Ferry System Current and Replacement Values — 2011 meets applicable requirements, showing the current value, replacement cost, and amortization periods for the vessels and facilities. The current value of the MN Whatcom Chief is the book value, calculated from the depreciated original construction cost and any depreciated improvements/major repairs. The facilities' current value is book value; original cost less depreciation plus depreciated improvements. RCW 36.81.121 (1) states "...the legislative authority of each county, after one or more public hearings thereon, shall prepare and adopt a comprehensive transportation program for the ensuing six calendar years....and for those counties operating ferries shall also include a separate section showing proposed capital expenditures for ferries, docks, and related facilities. Copies of the program shall be filed with the county road administration board and the secretary of transportation not more than thirty days after its adoption by the legislative authority..." Subsection (2) requires expanded information on how a county will spend all its money on the various facets of the transportation program. This RCW Section was enacted in 1961. The capital expenditure portion of Subsection (1) is satisfied by: Table 2: Projected Revenues defines the known and/or anticipated sources of operating and capital project funding for the 14-Year Plan. Table 3: Projected Expenditures includes all other expenditures on the system that meet Subsection (2) requirements. Operational expenditures are delineated between vessel and non -vessel costs. U.S. Coast Guard regulations currently -2- 307 require the ferries to be dry-docked every two years, however to extend the life, improve reliability and protect our capital investment Whatcom County schedules dry-docking every year for its vessel. The landings are inspected regularly as required by the National Bridge Inspection Standards administered through the Washington State Department of Transportation. The inspection report helps identify and schedule major maintenance and replacement of these facilities. This RCW section also provides the reporting requirement and timing of program submission, as well as establishing the annual update requirement. Additionally, the Federal Highway Administration requires all agencies within a Metropolitan Planning Organization to develop and annually update the long range Transportation Improvement Plans and their Biennial Element. Whatcom County updates this 14-Year plan each year and incorporates the results into the Six -Year Transportation Improvement Program. Major Project Analysis The only major upgrade planned for the vessel itself is pending sufficient grant funding (est. $850,000). A complete replacement of the current wheelhouse is planned to improve control operations with modern equipment, improve access and compliance with ADA, and to improve safety of vehicle loading/unloading operations. Gooseberry Point dock improvements include wing wall replacement and repainting the dock apron in 2012 (est. $425,000). Electrical system upgrades and terminal painting are in the preliminary planning stages for 2014 (est. $175,000). In 2016, preliminary plans are being developed for replacement of the approach span and transfer span decks (est. $300,000). Lummi Island dock improvements include a possible remote control installation in 2012 — final decision is pending on cost/benefit information. Dolphin replacement, breakwater repair, and repainting dock apron in 2013 (est. $425,000). Electrical system upgrades and terminal painting are in the preliminary planning stages for 2014 (est. $175,000). In 2015, preliminary plans are being developed for replacement of the entire approach span and replacement of the transfer span deck (est. $450,000). Major Maintenance/Reconstruction Pile, dolphin & fender work: Major pile dolphin and fender work replacement is scheduled as funding and operational periods allow. -3- 308 Vessel dry-docking: US Coast Guard regulations require periodic inspections of all ferry vessels. In addition to yearly certifications, each vessel is required to be dry-docked every two years, with an underwater hull survey required as part of the annual certification between dry dockings. Whatcom County schedules dry-docking every year. The engine overhaul, vessel painting, hull repairs, and other major and minor repairs occur during dry-docking. Propulsion engine overhauls occur every third year. Generator engines are overhauled on a six -year cycle. Engines are replaced every seventh overhaul. Every three to five years, a vessel survey is conducted to assess the vessel's overall condition, establish the fair market value, estimate replacement cost, and provide a detailed hull strength assessment. This survey is used in part to determine the requirements for hull plating and framing replacement, and is also a requirement of the current insurance carrier. Minor Maintenance General minor maintenance is continual on the ferry, landings, aprons, and waiting facilities. The costs and extent of the work is unpredictable and frequently, problems must be repaired immediately upon detection. Routine maintenance such as building painting and roof cleaning is more predictable and scheduled in advance. History of the Ferry System The ferry system is the only public transportation link for the majority of Lummi Island residents and vehicles to the mainland at Gooseberry Point. Following is a brief chronology outlining the history of the Whatcom County Ferry System. YEAR\EVENT 1926 Lurnirnii Shore Road from Bellingham was completed and a ferry, the Central, owned by Whatcom County and large enough to hold six small Model-T Fords started making scheduled runs between Lummi Island and Gooseberry Point. 1929 The slightly larger Chief Kwina replaces the Central. 1950 Gooseberry Point terminal built. 1962 The MN Whatcom Chief begins service. 1978 Lummi Island terminal is relocated. 1982 New lift mechanism installed on transfer span at Lummi Island. Gooseberry Point pier refurbished 1987 Gooseberry Point Transfer span, wing walls and dolphins replaced 1997 Major refurbishment of Gooseberry point landing accomplished 2002 20-Year Plan Phase 1 Process and report completed. -4- 309 2005 Major Status Report on Ferry System 2006 Lummi Island Dock preservation project (Bearing Seats Rebuild). Major corrosion repair to vessel hull. Completed design package for a 35-car replacement vessel. Completed design package for urgent electrical/structural terminal repairs. First Rate Increase in 5 years. 2008 Rate Increase 2009 Rate adjustment 2009 Emergency wing wall replacement on Lummi Island 2010 Emergency wing wall replacement on Lummi Island 2011 Rate increase and long term lease with the Lummi Nation -5- 310 FERRY SYSTEM CURRENT AND REPLACEMENT VALUES - 2011 VESSELS M/V Whatcom Current Statistics Chief LENGTH ft 94 BEAM ft 44 DISPLACEMENT tons 78 YEAR BUILT 1962 CAPACITY -- Passengers 100 CAPACITY -- Cars 20 CURRENT INSURED VALUE - 2011 $970,000 TOTAL CURRENT VALUE - 2011�'� Replacement Statistics YEAR 2011 CAPACITY -- Passengers 100 CAPACITY -- Cars 20 REPLACEMENT VALUE - 2011121 $3,950,000 (FACILITIES LOCATION Lummi Island Landing Transfer Span Dock Dolphins/Wingwall(3) Parking Lots Passenger Waiting/Office Subtotal - Lummi Island Landing Gooseberry Point Landing Transfer Span Dock North and South Win walls Dolphins/Win wall(3) Subtotal - Gooseberry Point Landing $970,000 REPLACE MENT CURRENT REPLACEMENT YEAR BUILT YEAR BOOK VALUE(" VALUE - 2009(5) 1982 2022 $195,000 $1,990,000 1978 2018 $23,000 $360,000 1978 2018 $485, 000 $1, 750, 000 2005 2045 $50,000 $85,000 1978 2018 $10,000 $25,000 $763 000 $4 210 00 1987 2027 $445,000 $2,200,000 1997 2037 $87,000 $590,000 2009, 2010 2037,2 $326,000 $326,000 1997 2037 $640,000 $1,750,000 TOTAL FACILITIES VALUE 1 $2,261,000 V TOTAL VESSEL & FACILITIES VALUE 1 $3,231,000 $1; NOTES: ') Depreciated Columbia Sentinel Engineers (2008) Value plus Depreciated Improvements (2) Appreciated Columbia Sentinel Engineers (2008) Replacement Value (3) Replace with Steel Pilings 4) Estimated using a 40-year life and straight-line depreciation (including depreciated improvements) (5) Replacement value based on cost estimates by Art Anderson Associates (2007) -6- 311 Lummi Island Ferry 14-Year Capital Program All $ in 000's Revenues 2013-2019 Category 2013 2014 2015 2016 2017 2018 2019 Punch Card Fares 3 $ 984 $ 1,043 $ 1,109 $ 1,190 $ 1,279 $ 1,322 $ 1,366 Cash Fares 4 246 261 277 297 320 330 342 Memo 55% of Operating Cost 1 1,230 1,304 1,386 1,487 1,599 1,652 1,708 MVFT Deficit Subsidy 160 160 160 160 160 160 170 County Road Fund Subsidy 1,007 1,067 1,134 1,217 1,308 1,352 342 Total Revenues 2,397 2,531 2,680 2,864 3,067 3,164 1,536 Total Expenditures 2 3,897 3,031 3,180 2,914 3,117 3,264 4,025 Net Unfunded 1,500 500 500 50 50 100 2,489 Lummi Island Ferry 14-Year Capital Program All $ in 000's Revenues 2020-2026 Category 2020 2021 2022 2023 2024 2025 2026 Punch Card Fares $ 1,405 $ 1,450 $ 1,499 $ 1,550 $ 1,587 $ 1,641 $ 1,696 Cash Fares 351 362 375 388 397 410 424 (Memo 55%ofOperating Cost 1' 1,756 1,812 1,874 1,938 1,983 2,051 2,120 MVFT Deficit Subsidy 170 170 170 170 170 170 170 County Road Fund Subsidy 1,437 1,482 1,533 1,585 1,623 1,678 1,735 Total Revenues 3,363 3,464 3,577 3,693 3,776 3,899 4,025 Total Expenditures 2 3,463 3,514 3,677 3,743 3,826 3,899 4,025 Net Unfunded 100 50 100 50 50 - - Note 1: After Subtracting the MVFT Deficit Subsidy. Note 2: As Shown On Table 2. Note 3: Equal to 80% of Fares Note 4: Equal to 20% of Fares -7- 312 Lummi Island Ferry 14-Year Capital Program All in 000's Table 2 Expenditures 2013-2026 Page 1 Category 2013 1 2014 1 2015 2016 2017 2018 2019 Operating Expenses Vessel Operations Personnel 1,130 1,170 1,211 1,254 1,299 1,338 1,378 Fuel & Operating Supplies 615 750 772 795 819 844 878 Insurance 50 50 55 55 55 57 59 Other Operating Expenses 621 640 659 679 699 720 742 Total Vessel Operations 2,416 2,610 2,697 2,783 2,872 2,959 3,057 Other Operations Administration 232 240 248 257 266 274 282 Parking Lots Lummi Island 12 12 12 13 13 13 14 Gooseberry Pt. 90 91 91 92 92 95 98 Staging Areas Lummi Island 14 25 14 15 15 15 16 Gooseberry Pt. 14 14 14 15 15 15 15 Docks Lummi Island 75 25 44 45 45 46 47 Gooseberry Pt. 43 43 44 45 45 46 47 Total Operating Expenses 2,896 3,060 3,164 3,265 3,363 3,463 3,576 Capital Expenditures Major Vessel Upgrades - - - - - - - Gooseberry Point Docks 5 175 5 300 - - Staging 5 5 5 5 - - - Parkin - - - - - - - Lummi Island Docks 350 175 450 5 - - Staging 5 5 5 5 - - - Parkin - - - - - - - Total Capital Program Costs 365 360 465 315 - - - Total Costs 3,261 3,420 3,629 3,580 3,363 3,463 3,576 -8- 313 Lummi Island Ferry 14-Year Capital Program All in 000's Table 2 Expenditures 2013-2026 Page 2 Category 2020 2021 2022 2023 2024 2025 2026 Operating Expenses Vessel Operations Personnel 1,419 1,462 1,506 1,551 1,597 1,645 1,695 Fuel & Operating Supplies 844 878 913 913 949 987 1,027 Insurance 61 63 64 66 68 70 73 Other Operating Expenses 764 787 811 835 860 886 913 Total Vessel Operations 3,088 3,189 3,294 3,365 3,475 3,589 3,707 Other Operations Administration 290 299 308 317 327 337 347 Parking Lots Lummi Island 14 15 15 16 16 17 17 Gooseberry Pt. 101 104 107 110 114 117 121 Staging Areas Lummi Island 16 17 17 18 19 19 20 Gooseberry Pt. 15 16 16 17 17 18 18 Docks Lummi Island 48 50 51 53 54 56 58 Gooseberry Pt. 48 50 51 53 54 56 58 Total Operating Expenses 3,623 3,740 3,861 3,949 4,077 4,209 4,345 Capital Expenditures Major Vessel Upgrades - - - - - - - Gooseberry Point Docks - - - - - - Staging - - - - - - - Parkin - - - - - - - Lummi Island Docks - - - - - - Staging - - - - - - - Parkin - - - - - - - Total Capital Program Costs - - - - - - - Total Costs 3,623 3,740 3,861 3,949 4,077 4,209 4,345 -9- 314 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-018 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JH 6/28/2012 FR E C E 0 V E J U L 0 2 2012 WHATCOM COUNTY COUNCIL 711012012 Executive Committee Division Head: Dept. Head: Prosecutor: �/ a � �.� 8 l Z Purchasing/Budget: Executive: J -71-2—/ /-2— TITLE OF DO N ow negotiations and related legal matters. Staff update on instPeafl.- ATTACHMENTS: 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.) Staff update on instream flow negotiations and related legal matters governed by confidentiality agreements. 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 andprinting on the County's website at: www.co.whatcom.wa.us/council. 315 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-0 1 8 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 7110112 Committee of fhe whole Division Head.• Dept. Head: 712112 Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT: ATTACHMENTS: SEPA review required? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( ) NO ,Should Clerk schedule a hearing? ( ) Yes ( X) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion of'purchase of property for park purposes. 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.whatcooLwa.us/council. 316