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HomeMy WebLinkAboutPacket Sep 25 2018WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018-235 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ►►ed [o: Originator: LC � ��� ��� o g/8/1R _Introduction Division[lead: u �(CE v 9/11/18 --Natural C/ Resources q Dept. Head: U't-P I-v., 1/�7 JUL 3 1 2018 9/11/18 Council Prosecutor: 7-.?/9 1NHATCOM COUNTY9/25/2018 Nat Res./Council Purchasing/Budget. COUNCIL Executive: , y 3 I. I ? TITLE OF D : Request to amend the PDR Program Guidelines as recommended by the Purchase of Development Rios Oversight Committee ATTACHMENTS. Memo, Draft Updated PDR Program Guidelines, Recommended Ordinance with Exhibit SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you 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.) Development pressure in Whatcom County continues to impact agricultural areas, but pressure is also being applied to working forestlands and important ecosystem areas. Based on the receipt of multiple applications from property owners voluntarily applying to sell development rights on properties that would protect additional values such as working forestlands or important ecosystem areas, in addition to consideration of other prioritization considerations, the Purchase of Development Rights Oversight Committee reviewed the currently approved PDR Program Guidelines. The PDR Oversight worked on updating the PDR Program Guidelines for the entire year of 2017 and would like to request Council approval of the updated guidelines and accompanying ordinance. COMMITTEE ACTION. • COUNCIL ACTION. 9/11/2018: Held in Committee 8/8/2018: Introduced 6-0, Ballew absent 9/11/2018: Held in Committee 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 Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 4J 360-778-5900, TTY 800-833-6384 360-778-5901 Fax Memorandum TO: Honorable County Councilmembers Honorable Executive Louws THROUGH: Mark Personius, PDS Director VLAF FROM: Chris Elder, PDR Program Administrato6c DATE: 7/23/2018 Mark Personius, AICP Director SUBJECT: Request to amend the PDR Program Guidelines as recommended by the Purchase of Development Rights Oversight Committee The Purchase of Development Rights Oversight Committee worked on updating the PDR Program Guidelines during regular committee meetings for the entire year of 2017. Based on the receipt of numerous applications from property owners voluntarily applying to sell development rights on properties that would protect other values such as working forestlands or the protection of important ecosystem areas, the PDR Oversight Committee amended the PDR Program Guidelines to be able to effectively receive, process, and support these applications. Development pressure in Whatcom County continues to impact agricultural areas, but pressure is also being applied to working forestlands and important ecosystem areas. The Program guidelines and scoring criteria, as presented in the attached documents, prioritize the protection of agricultural applications. Several Comprehensive Plan policies also support this broadened program scope including the following: Policy 8G-5: Support conservation of working forest land base through cooperation between landowners, private organizations, and public agencies, and through incentives such as the current use tax assessment provisions of RCW 84.33, and RCW 84.34. Policy 10K-7: Promote voluntary fish and wildlife habitat enhancement projects through educational and incentive programs, such as purchase of development rights or habitat conservation easements. These projects, which can be done by individuals, organizations, and businesses, will buffer and expand fish, plant, and wildlife habitat. The PDR Oversight Committee and PDR Program staff recommend these updated guidelines and the attached ordinance. We look forward to discussing these recommended changes with you. Please call Chris Elder, PDR Program Administrator, with any questions or concerns. 2 1 PROPOSED BY: PDS 2 INTRODUCTION DATE: 8/8/2018 3 4 5 ORDINANCE NO. 6 7 ADOPTING AMENDMENTS TO THE 8 PURCHASE OF DEVELOPMENT RIGHTS PROGRAM 9 10 WHEREAS, Whatcom County government recognizes agriculture and forestry as 11 major contributors to the local economy, and agriculture, forestry, and ecosystem functions 12 and values as contributing to a high quality of life for Whatcom County citizens; and 13 14 WHEREAS, The Growth Management Act and the County Comprehensive Plan 15 support the retention of agricultural and forestry lands of long term commercial significance 16 and protection of ecosystem functions and values, and encourage the use of innovative 17 techniques to do so; and 18 19 WHEREAS, Ordinance #92-002 enacted a property tax levy known as the 20 Conservation Futures Tax as authorized by RCW 84.34.230 to provide a funding source to 21 assist in acquiring open space, wetlands, farm and agricultural land, and timber land; and 22 23 WHEREAS, Ordinance #2002-054 established the Whatcom County Agricultural 24 Purchase of Devleopment Rights Program; and 25 26 WHEREAS, The Whatcom County Council has identified the Purchase of 27 Development Rights Program as an effective tool to protect community values by 28 compensating willing property for the voluntary sale of development rights, and 29 30 WHEREAS, The Whatcom County Purchase of Development Rights Program has 31 received several voluntary applications from non-agricultural property owners wishing to 32 protect their working forestlands and important ecosystem areas, and 33 34 WHEREAS, Additional sources of matching funds are available to support acquisition 35 of conservation easements on properties that protect forestry and ecosystem values, and 36 37 WHEREAS, The Purchase of Development Rights Oversight Committee has updated 38 the program guidelines so as to maintain the protection of agricultural lands as the primary 39 purpose of the program, and 40 41 WHEREAS, The Purchase of Development Rights Oversight Committee voted 42 unanimously on January 26, 2018 to recommend approval of the updated guidelines. 43 44 45 46 47 48 49 50 51 Page 1 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 3.25A is hereby amended as outlined in Exhibit A to this ordinance. BE IT ALSO ORDAINED by the Whatcom County Council that the PDR Program Guidelines are also amended as outlined in Exhibit B to this ordinance. ADOPTED this day of 2018. WHATCOM COUNTY COUNCIL ATTEST; WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council WHATCOM COUNTY EXECUTIVE AP R❑ ED S TO FO Civil Deputy Prosecutor Page 2 Rud Browne, Council Chair WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: 10 EXHIBIT A I Chapter 3.25A 2 I AGRICULTURAL, FORESTRY, AND ECOLOGICAL PURCHASE 3 OF DEVELOPMENT RIGHTS PROGRAM 4 Sections: 5 3.25A.010 Shorttitle. 6 3.25A.020 Purpose. 7 3.25A.030 Applicability. 8 3.25A.040 Definitions. 9 3.25A.050 Designation of program administrator — Powers and duties. 10 3.25A.060 Purchase of development rights oversight committee established — Powers and 11 duties. 12 3.25A.070 Eligibility criteria. 13 3.25A.080 Ranking system. 14 3.25A.090 Conservation easement terms and conditions. 15 3.25A.100 Application and evaluation procedure. 16 3.25A.110 Purchase of development rights procedure. 17 3.25A.120 Restriction on buy-back — Extinguishment and exchange of easements. 18 3.25A.130 Authorization. 19 3.25A.010 Short title. 20 I This chapter shall be known and may be cited as the "Agricultural, Forestry, and Ecological Purchase of 21 Development Rights Program." For the purpose of this chapter this program shall be known as the "PDR" 22 program. (Ord. 2013-015 Exh. A; Ord. 2002-054 § 1). 23 24 25 26 27 28 3.25A.020 Purpose. To establish a voluntary agriculturalJorestry, and ecological purchase of development rights program for Whatcom County which will enhance the protection of the county's farmland, forestland, and important ecosystem areas, enhance the long-term viability of the agricultural and forestry enterprises within the county and provide public benefit by retaining properties in permanent resource use, in addition to the protection ecosystem functions and values. (Ord. 2002-054 § 1). 29 3.25A.0.30 Applicability. 30 The PDR program shall be available for all qualifying lands, as identified in the PDR program guidelines, 31 except those lands under the ownership or control of the United States of America, the state of C01 32 Washington or an agency or instrumentality thereof. Any conservation easement acquired pursuant to this 33 chapter shall be voluntarily offered by the owner, (Ord. 2002-054 § 1). 34 3.25A.040 Definitions. 35 The following definitions shall apply in the interpretation and implementation of this chapter: 36 "Administrator" is that person placed in a managerial position over the daily operations of the PDR 37 program. The administrator shall serve as a direct liaison to the program. 38 "Conservation easement" means a nonpossessory interest in one or more parcels by one or more 39 qualified easement holders under WCC 3.25A.090(B) acquired under RCW 64.04.130, whether the 40 easement is appurtenant or in gross, voluntarily offered by an owner and acquired by purchase or 41 donation pursuant to the PDR program guidelines, imposing limitations or affirmative obligations for the 42 I purpose of retaining or protecting agricultural, forestry. and ecosystem values of the parcel or parcels. 43 "Owner" means the owner or owners of the fee simple interest of the parcel. 44 "Development rights" means an interest in and the right to use and subdivide land for any and all 45 residential, commercial and industrial purposes and activities which are not incident to agricultural, 46 forestry, and/or ecosystem uses, 47 "Parcel" means a legal lot of record, lawfully recorded in the Whatcom County auditor's office. A 48 conservation easement may contain one or more parcels; for purposes of this chapter the term "parcel" 49 shall include all parcels covered by, or proposed to be covered by, the conservation easement. 50 The "PDR program guidelines" shall be adopted by county council and contain the rules and regulations 51 under which the PDR program operates. They include eligibility criteria, site selection criteria, a standard 52 conservation easement and other procedures and information necessary to ensure fair and consistent 53 administration of the PDR program. 54 "Qualifying lands" means those properties meeting the eligibility criteria established in the PDR program 55 guidelines for which development rights may be purchased pursuant to this chapter. (Ord. 2002-054 § 1). 56 3.25A.050 Designation of program administrator— Powers and duties. 57 A. Designation. The administrator shall be designated by and report to the director of planning and 58 development services. 59 B. Powers and Duties. The administrator or his or her designee shall administer the PDR program and 60 shall have powers and duties to: 7 61 1. Establish reasonable and standard procedures and forms consistent with this chapter and the 62 PDR program guidelines for the administration and implementation of the program. 63 2, Promote the program in cooperation with the PDR oversight committee by providing educational 64 materials to the public and conducting informational meetings. 65 3. Investigate and pursue, in conjunction with the county, state, federal and other programs 66 available, to provide additional public and private resources to fund the program and to maximize 67 private participation. 68 4. Evaluate and rank all applications to determine their eligibility and provide assistance to the PDR 69 oversight committee in ranking properties. 70 5. Coordinate the preparation of appraisals. 71 6. Negotiate conservation easement terms and value with the owner or owners. 72 7. Provide staff support to the county council, the PDR oversight committee, and the county's 73 authorized appraiser. 74 8. For each conservation easement accepted into the program, establish baseline data, and assure 75 that the terms and conditions of the easement are monitored and complied with by coordinating a 76 monitoring program with each easement holder. (Ord. 2002-054 § 1), 77 3,25A,060 Purchase of development rights oNersight committee established — Powers and duties, 78 A. Establishment. The PDR oversight committee is hereby established, as follows: 79 1. The committee shall consist of seven members appointed by the county executive and confirmed 80 by county council. Each member shall be a resident in and of Whatcom County. The committee 81 shall be comprised of three farmers, one individual representing farm -supporting businesses, one 82 individual possessing real estate experience, one citizen (nonfarmer) from the unincorporated 83 county, and one citizen (nonfarmer) from an incorporated city. No members may have an 84 ownership interest in any of the lands submitted for purchase pursuant to this chapter. 85 2. The members of the committee shall serve at the pleasure of the county council_ The initial terms 86 of the members shall be as follows: two members shall be for two years; three members shall be 87 for three years; and two members shall be for four years. Each term after the initial term shall be for 88 four years. 89 3. The members of the committee shall serve without pay, but the county council may, at its 90 discretion, reimburse members for actual and necessary expenses incurred in the performance of 91 their duties. 92 4. The committee shall elect a chairperson, vice -chairperson and secretary at its first meeting each 93 calendar year. The secretary need not be a member of the committee. 94 5. The administrator shall be an ex-officio member of the committee. 95 B. Purpose. To provide oversight and evaluation for the county PDR program, The PDR oversight 96 committee's role is to advise the council in the selection of eligible lands offered for PDR acquisition. 97 C. Powers and Duties. The PDR oversight committee shall have the powers and duties to: 98 1. Promote the program, in cooperation and under the guidance of the administrator, by providing 99 educational materials to the public and conducting informational meetings. 100 2. Review and make recommendations to the administrator and the county council as to which 101 conservation easements should be purchased. 102 3. Annually review the PDR program guidelines and recommend to the county council any changes 103 needed to maintain the program's consistency with the comprehensive plan, or to improve the 104 administration, implementation and effectiveness of the program. 105 4. Provide an annual report of program accomplishments to county council and county executive. 106 D. Organization — Meetings. Meetings of the committee shall be open and accessible to the public and 107 shall be subject to the Open Public Meetings Act. The committee shall determine its own meeting 108 schedule but shall meet at least annually. A public comment period will be provided at each meeting. 109 Written records of meetings, decisions, findings and recommendations shall be kept and such records 110 shall be public. The committee shall adopt its own rules and procedures for the conduct of business. The 111 committee shall elect a chairperson from among its members who shall preside at its meetings. A quorum 112 shall consist of four members present and the committee shall operate on a "majority rule" basis. 113 E. Technical Advisory Committee. A technical advisory committee, without voting privileges, may be 114 formed to advise the PDR oversight committee on technical/scientific matters as needed. Representatives 115 may include but not be limited to individuals from the following agencies: Cooperative Extension Service, 116 National Resource Conservation Service and Whatcom Conservation District. (Ord. 2002-054 § 1). 9 117 3.25A.070 Clioibility criteria, 118 In order for a parcel to be eligible for a conservation easement, it must be located outside of an 119 established urban growth area and within Rural 2A, Rural 5A*, Rural 5A, Rural 10A Residential Rural 120 1 Rural Residential — Island, Rural Forestry, or Agriculture zoned land and meet any additional eligibility 121 criteria as defined in the PDR program guidelines. (Ord. 2011-025 § 1 Exh. A; Ord. 2002-054 § 1), 122 *The asterisk refers to Rural 5A areas depicted on the official zoning maps with an asterisk that are subject 123 to WCC 20.36.252, Rural residential density overlay. 124 3.25A.O80 Ranking system. 125 In order to effectuate the purposes of this chapter, parcels for which conservation easement applications 126 have been received shall be evaluated by utilizing the site selection criteria as contained in the PDR 127 program guidelines. The ranking system shall be used to prioritize the acquisition of conservation 128 easements. (Ord. 2002-054 § 1). 129 3.2.A.090 Conservation easement terms and conditions. 130 Each conservation easement shall conform with the requirements of this chapter. The deed of easement 131 shall be in a form approved by the county attorney, and shall contain, at a minimum, the provisions 132 incorporated in the standard agricultural conservation easement. Central to the purpose of the PDR 133 program are the following: 134 A. Allowable Uses. Uses that are compatible with the long-term productivity of the soil for the pursuit of 135 1 farming or forestry enterprises and/or protection of ecosystem functions and values. 136 B. Designation of Easement Holders. The county shall be the easement holder, and if designated by the 137 county council, one or more other public bodies or qualified organizations, as defined in RCW 64.04.130, 138 C. Conservation Easement Duration. A conservation easement acquired under the terms of this chapter 139 shall be in perpetuity. (Ord. 2002-054 § 1), 140 3.2-A.100 Application and evaluation procedure, 141 Beginning in the first year following the adoption of the ordinance codified in this chapter and continuing 142 thereafter, the county shall conduct a voluntary property selection process generally as follows and 143 pursuant to the PDR program guidelines. 144 A. Application. Owners of qualifying lands will be invited to make application for purchase of development 145 rights by the county by giving notice in one newspaper of general circulation. Application materials will be 146 provided by the administrator and will include, at a minimum, a standard application form and information ELI] 147 about the PDR program. Applications shall be submitted to the administrator and reviewed for 148 completeness. 149 B. Evaluation. The administrator shall review and determine eligibility and priority classification of 150 applications. The applications ranked by the administrator shall be forwarded to the PDR oversight 151 committee. The committee shall review the applications and establish parcels for easement purchase 152 based on selection criteria contained in PDR program guidelines. The committee shall then forward the 153 parcels to the county council which shall review and prioritize parcels on which it will seek to purchase 154 conservation easements. 155 C. Appraisal. For those applications that meet the requirements of subsection B of this section, the 156 committee shall cause an appraisal of the applicant's development rights to be made in accordance with 157 PDR program guidelines. 158 D. Requirements and Deadlines May Be Waived. Any requirement or deadline set forth in this chapter or 159 the PDR program guidelines may be waived by the county council if, for good cause, it is shown that 160 urgent circumstances exist that warrant consideration of an application. Under such circumstances the 161 council may purchase a conservation easement at any time and through any process it deems necessary. 162 E. Reapplication. An owner of a parcel not selected by the county council for purchase of a conservation 163 1 easement may reapply in apy-the future-opeLR-app4caVoa-period. (Ord. 2013-015 Exh. A; Ord. 2002-054 164 § 1). 165 125)A.110 Purchase of de%elopmeut rights procedure. 166 Each application for a conservation easement shall be processed and evaluated pursuant to the 167 requirements as contained in the PDR program guidelines which will include at a minimum the following. 168 A. Development Rights Sale. Based on anticipated funding the administrator shall estimate the number of 169 development rights that can be acquired from the initial pool of parcels identified in WCC 3.25A.100(B). 170 The administrator shall coordinate negotiations with the property owners. Upon completion of 171 negotiations, the administrator shall arrange for an appraisal of the development rights by an independent 172 county -authorized appraiser. The PDR oversight committee and administrator shall review the results of 173 the appraisal. The administrator shall, in writing, invite property owners to sell to the county development 174 rights for the amount of the appraised value of such development rights, subject to the terms and 175 conditions of a proposed deed of easement. Property owners desiring to sell and/or donate development 176 rights shall submit a written offer to sell. Nothing in this chapter shall compel an owner to submit an offer 177 to sell. 11 178 B. Acceptance. An offer to sell development rights shall be forwarded to the county council for 179 acceptance. 180 C. Conservation Easement Established. A conservation easement shall be established when the owner 181 and an authorized representative of the holder of the easement have each signed the deed of easement. 182 The deed shall be recorded in the Whatcom County auditor's office. 183 D. Offers Not Made — Offers Not Accepted — Invitation to Other Owners. If an owner invited to sell elects 184 not to do so, then the county administrator may send an invitation to sell to the owner(s) of the next 185 highest prioritized parcel(s) remaining on the list of parcels. 186 E. Costs. If the county council accepts an offer to sell development rights, the county may pay all other 187 costs including environmental site assessments, surveys, recording costs, if any, and other charges 188 associated with closing. However, the county shall not pay expenses or fees incurred by the property 189 owner for independent appraisals or legal, financial, or other advice, or expenses or fees in connection 190 with the release and subordination of liens to the easement purchased by the county. (Ord. 2002-054 191 § 1).. 192 3.23A.120 Restriction on buv-bacl:— E.xtingiaishment and exchange of easements. 193 If circumstances arise that render the purpose of this easement impossible to accomplish, the easement 194 can be extinguished only by judicial proceedings. In the event of such an extinguishment or the taking of 195 the property by the exercise of the power of eminent domain, grantors shall pay to Whatcom County an 196 amount determined by subtracting the fair market value of the property subject to this easement from the 197 fair market value of the property unrestricted by this easement, at the time of extinguishment or 198 condemnation if Whatcom County is not compensated for its property interests at the time of the 199 extinguishment or condemnation. Other details regarding restrictions on buy-back or extinguishment as 200 may be deemed necessary shall be contained in the PDR program guidelines, and/or the easement deed. 201 (Ord. 2013-015 Exh. A; Ord. 2002-054 § 1). 202 3.25AJ30 AnClio riyatlon. 203 A. The county is hereby authorized to acquire development rights from lands described and prioritized in 204 WCC 3.25A.080. Such acquisition may be accomplished by purchase, gift, grant, bequest, devise, 205 covenant or contract but only at a price which is equal to or less than the appraised value determined as 206 provided in this chapter and the PDR program guidelines. 207 B. If the owner so elects, the county is authorized to pay the purchase price in a lump -sum single 208 payment at time of closing, or to enter into contract for installment payments against the purchase price. 209 When installment purchases are made, the county is authorized to pay interest on the declining unpaid 12 210 principal balance at a legal rate of interest consistent with prevailing market conditions at the time of 211 execution of the installment contract and adjusted for the tax-exempt status of such interest. 212 1 C. After county acquisition of development rights, the county may purchase the remaining agricultural, 213 1 forestry, or ecosystem rights or other property interests in such land only when requested by the owner 214 and when such acquisition is necessary to maintain agricultural, forestry, or ecosystem uses of the 215 property. (Ord. 2002-054 § 1). i9l EXHIBIT B 14 Whatcom County Agricultural, Forestry, and Ecological Purchase of Development Rights PROGRAM GUIDELINES Revised version adopted April 9, 2013, Second revision adopted XX, 2018 15 [this page is intentionally blank] We TABLE OF CONTENTS I. INTRODUCTION.................................................................................................................................................. I 11. PDR PROGRAM OBJECTIVE AND PRINCIPLES........................................................................................2 111. ELIGIBILITY CRITERIA.................................................................................................................................4 IV. SITE SELECTION CRITERIA..........................................................................................................................5 V. OVERVIEW OF PDR PROGRAM PROCEDURES......................................................................................10 VI. CONSERVATION EASEMENTS...................................................................................................................13 VI1. OPERATIONAL PROCEDURES FOR ACQUIRING PDR EASEMENTS.............................................15 Vlll. CONSERVATION FUTURES FUND..........................................................................................................21 APPENDIX A - AGRICULTURAL PRIORITY AREAS....................................................................................23 APPENDIX B - FORESTRY PRIORITY AREAS................................................................................................24 APPENDIX C - ECOLOGICAL PRIORITY AREAS..........................................................................................25 APPENDIX D - MAJOR ROADS...........................................................................................................................26 APPENDIXE - SOILS LIST...................................................................................................................................27 APPENDIX F - MODEL CONSERVATION EASEMENT.................................................................................31 PURCHASE OF DEVELOPMENT RIGHTS PROGRAM ..................................................................................................................................................... 17 I. INTRODUCTION These Program Guidelines are authorized under WCC Title 3.25A and serve as rules and procedures for administering the Whatcom County Agricultural, Forestry, and Ecological Purchase of Development Rights (PDR) Program. The Guidelines serve two functions: A. To provide an overview of the land preservation process for the property owner. Specifically, this information can be found in Section V. B. To establish the rules and operational procedures that the PDR Oversight Committee and the Administrator must follow when operating a Purchase of Development Rights program. Revised and adopted, XX, 2018 Page 1 18 It. PDR PROGRAM OBJECTIVE AND PRINCIPLES Responding to the loss of County farmland, the Whatcom County Executive initiated the development of a Purchase of Development Rights (PDR) program in September of 2001. A PDR Advisory Committee comprised of farmers, citizens and conservation organizations was formed and tasked with assisting County staff in the development of a proposal for County Council consideration. The Purchase of Development Rights Program was enacted through Ordinance 2002-054 in September of 2002. Since that time Whatcom County continues to experience a rapid development rate. Responding to the continued loss of agricultural land and of other land types such as forest resource lands and areas of ecological importance, these program guidelines have been updated accordingly. A. Objective The primary objective of the Whatcom County Purchase of Development Rights Program, in conjunction with other tools, is the protection of farmland. The secondary objective of the PDR Program is the protection of forestland and areas of ecological importance. The Whatcom County Purchase of Development Rights Program will help to sustain the farming and forestry enterprises as well as support healthy ecosystem function throughout Whatcom County. B. Principles The PDR Program provides a strategic tool to protect County farmland, forestland, and areas of ecological importance. 1. Preserve the County's Agricultural lands, Forestlands and Areas of Ecological Importance Encourage the protection of a critical mass of agricultural and forestry land to sustain the farm -related and forestry -related businesses and activities that are necessary to support the agricultural and forestry industries in Whatcom County. Additionally the Program will encourage the protection of areas of ecological importance necessary to sustain ecosystem health and function. The primary PDR Program emphasis will be: a. Reduce conversion of land to non-agricultural uses within the Agricultural District; b. Provide a buffer to discourage encroachment into the Agricultural District; C. Consolidate and protect areas of agricultural land; and d. Protect agricultural lands located outside the Agricultural District that are under increased pressure of development. The secondary PDR Program emphases will be: a. Reduce conversion of land to non -forestry uses within the Forestry Districts; b. Provide a buffer to encroachment of the Forestry Districts; C. Consolidate and protect areas of forestry land; Revised and adopted, XX, 2018 Page 2 19 d. Address commercially significant forestry lands outside the Forestry Districts that are under pressure of development. e. Protect areas of ecological importance and support and enhance ecosystem functions within agricultural and forestry lands; h. Improve and support habitat connectivity and protection of critical habitat corridors. 2. Offer Effective Program Design Maintain a voluntary tool for the preservation of productive agricultural and forestry lands, as well as areas of ecological importance in the County that will: a. Provide farmers and foresters with the market based economic value for agricultural and forestry land without selling the land; b. Provide property owners with the market based economic value for areas of ecological importance without selling the land. C. Support and promote ongoing agricultural and forestry activities by offering an attractive option for farmers, foresters, and landowners; d. Support and promote ecosystem function by offering an attractive option for landowners; and e. Provide for ongoing monitoring and enforcement. 3. Leverage Program Impact and Efficiency Enhance and support a coordinated approach to the preservation of the agricultural and forestry lands, as well as areas of ecological importance that will: a. Create community support for agricultural and forestry preservation initiatives; b. Create community support for the protection of areas of ecological importance; C. Complement and foster other County programs and policies to preserve farming and agricultural lands; d. Complement and foster other County programs and policies to preserve forestry and forestry lands; e. Complement and foster other County programs and policies to enhance ecosystem function and protect areas of ecological importance; and C. Leverage other public and private funding sources and provide or increase property owner incentives and program effectiveness. Revised and adopted, XX, 2018 Page 3 20 III. ELIGIBILITY CRITERIA A. Priority Consideration Areas around the county have been identified to receive priority consideration for PDR Program participation. Agricultural priority areas (Appendix A) include a combination of the twelve initial PDR Target Areas, Ten Rural Study Areas, Watershed Improvement District areas, in addition to the lands within the Agriculture Zone. Preservation of these areas protect designated agricultural lands and can establish a perimeter of PDR farmlands to protect against development encroachment into large blocks of agricultural lands. These lands, due to their soils, land use, and proximity to core agricultural areas, are deemed priority farmlands for program participation due to their vulnerability for conversion to non- agricultural uses. Forestry priority areas (Appendix B) include lands located within the Rural Forestry zone and areas designated by the Washington State Department of Natural Resources as being priority for protection from conversion under Washington's Forest Action Plan. Ecological priority areas (Appendix C) include lands containing a mapped Habitat Conservation Area or within 165' of habitat conservation feature. This includes fish bearing streams, areas identified under the Washington State Department of Fish and Wildlife's Priority Habitats and Species, and the Chuckanut Wildlife Corridor. Additionally the mapped FEMA Floodplain and Flood Hazard areas have been included in addition to a 300' buffer of the Historic Meander Zone. B. PDR Program Eligibility Two factors will be important in determining eligibility: 1. Availability of funding to expand the program and 2. Advancement of PDR Program objectives. Priority lands will continue to receive preference over other lands through weighted selection criteria. All applicants for PDR Program participation must be within an Agriculture, Rural, Rural Residential, or Rural Forestry zoning designations. Properties located in Urban Growth Areas are ineligible to participate in the program, unless coordination with cities is a component of an application. Applications received on parcels smaller than 10 acres may not retain any development rights. Revised and adopted, XX, 2018 Page 4 21 IV. SITE SELECTION CRITERIA All valid applications will be reviewed to determine if the acquisition of development rights will promote the PDR program's goals and priorities. Selection criteria have been developed to guide, but not control, the review and assessment of eligible properties during selection. Valid and accepted offers on eligible properties of greater points shall be considered for purchase with available funds before properties receiving lower scores. The criteria, which will be used to evaluate the applications, are outlined below. Rating instructions: The selection criteria allow for a score of up to 100, with all five criteria sections assessed. Each criteria section is rated and assigned a point value. Then each section is assigned a weight factor. The five weight factors add up to 1.0. When total point values for a section are multiplied by the weight factor, a score will be reached for that section. The total of the 5 section scores result in the final applicant score. Staff performs the ranking, with review and adjustment by the PDR Oversight Committee. 1. Site Evaluation The points for each criteria are based on a 100 point scale. Higher points are given to site characteristics that are more desirable, such as parcel size, characteristics that reflect a site's threat of conversion, and characteristics that make a site more desirable to farming, such as available water rights. A. Total size of parcel(s) (nominal acres) a. 0 — 10...................................................................... 0 points b. 10 — 20..................................................................... 15 points c. 20-49.9..................................................................... 30 points d.50-79.9......................................------------------------------ 70noints e.>80........................................................................ 100 points B. Number of existing development rights offered under current zoning ,1. 1-2......................................................................... 20 points b. 3 ................. ........................................................... 40 points c. 4............................................................................ 60 points d. 5............................................................................ 80 points e.>/=6........................................................................ 100 points C. Adjacent land is conserved by easement or other means (Whatcom Land Trust, NRCS CREP Program, or owned by a municipality or NGO) a. > 1 mile.................................................................... 0 points b. 1/z to 1 mile................................................................ 25 points c. 1/4 to '/z mile................................................................50 points Revised and adopted, XX, 2018 Page 5 22 d. < 1/4 mile................................................................... 75 points e. Adjacent................................................................... 100 points D. Percent of parcel actively farmed a. 0-25%..................................................................... 25 points b. 26-50%.................................................................... 50 points c. 51-75%................................................................... 75 points d. >75%......................................................................100 points E. Number of legal lots of record a. 0-2......................................................................... 20 pts b. 3............................................................................ 40 pts c. 4............................................................................ 60 pts d. 5............................................................................ 80 pts e. >/= 6....................................................................... 100 pts F. Legal water availability documentation a. Certified Water Right/Access to public water ....................... 100 pts b. Water Claim or documented water use ............................... 50 pts c. No Water documentation or legal water access ..................... 0 pts G. Proximity to major roads or road intersections (For purposes of this evaluation, "major roads" means roads with a daily traffic volume of 3, 000 or more trips. A list of roads currently meeting this definition is included as Appendix D to this report.) a) Property is at an intersection of major roads .................. 100 Points b) Property is within 1,500 feet of the intersection of two major roads ................................................. 75 Points c) Property fronts on a major road .................................. 50 Points d) Property is within 2,500 feet of a major road .................. 25 Points H. Threat of Conversion/Parcelization Total Number of Parcels in surrounding 1/4 mile a) Less than 20 parcels .................................................... 50 Points b) 20 — 50 parcels.......................................................... 100 Points c) 50 — 100 parcels......................................................... 50 Points d) more than 100 parcels .................................................. 0 Points Once a point value for the section is determined, it is multiplied by a weight factor to indicate the importance (weighted factor for Site Evaluation section has been 0.35, but is subject to ongoing review by the Committee). Revised and adopted, XX, 2018 Page 6 23 2. Land Evaluation Productive farming, forestry and associated activities depend on soil capability (the suitability of soils for most types of field crops and/or timber production). Therefore, emphasis should be placed on the property's soil characteristics. The scoring system uses the NRCS Prime Farmland classifications, LESA classifications and APO soils classifications, including classification of soils of statewide importance as well as consideration given to site index score for forest soils. Highest points are assigned to better agricultural soils and lower points to poorer agricultural soils. Forest soils also receive additional points. Points are assigned based on the productivity and/or characteristics of the soil (profile, texture, slope, other). A soils chart is included as Appendix D. If a soil has a site index rating and a prime soil rating, the rating with the highest number of points will be applied. Below is a table detailing the soil point system: I'tillll' I. 1 100 95 90 0 0 85 0 0 0 90 80 0 85 75 0 0 80 0 70 0 50 0 1 0 60 0 0 0 50 0 0 0 40 0 0 0 30 0 0 0 20 Farm applications receive points for this section proportional to the percentage of each soil type that exists on the property. An example of how this would work follows: A farm under review is 40 acres, of which 29.79 acres (about 75%) is soil 179-Whatcom Silt Loam 4-9% slopes, which is classified as LESA 4, APO Prime 1; and 10.21 acres (about 25%) is soil 180-Whatcom Silt Loam 9-15% slopes, which is not classified as APO or Prime, but is a soil of Statewide Importance. This farm would score a total of 76.07 points for this Section, as shown: A B C D E F G H I J K Soil # Area (in % (B/Total APO Prime LESA Prime Statewide Site Points score acres) area) Soil 1- 6? Rating Rating Soil Index (J-C) 179 29.79 74.48% Y Y 4 1 0 2 85 63.30 180 10.21 25.53% N N 0 0 yes 2 50 12.76 Total area 40 76.07 Once a point value for the section is determined, it is multiplied by a weight factor to indicate the importance (weighted factor for Land Evaluation section has been 0.35, but is subject to ongoing review by the Committee). Revised and adopted, XX, 2018 Page 7 24 3. Ecological Evaluation The Washington State Department of Ecology Watershed Characterization report has identified recommendations for addressing water flow processes within sub -watersheds. A. Protection (Overall importance to Water flow processes) a. Highest protection.................................................................. 100 pts b. Protection............................................................................. 75 pts c. Protection/Restoration............................................................... 50 pts d. Conservation (no change)........................................................... 25 pts B. Water Flow Restoration — Is property owner willing to restore ecosystem processes beyond the minimum required practices? a. Yes.................................................................................... 50 pts b. Maybe/No............................................................................. 0 pts C. Site contains conservation values (viewsheds, wetlands, notable wildlife habitat, other critical areas) a. Yes....................................................................................... 50 pts b. No........................................................................................0 pts Once a point value for the section is determined, it is multiplied by a weight factor to indicate the importance (weighted factor for Ecological Evaluation section has been 0.10, but is subject to ongoing review by the Committee). 4. Special Considerations A. Site contains heritage/historical significance, i.e. Heritage Barn Registry I. Yes.............................................................................. 50 pts 2. No................................................................................0 pts B. Bargain Sale Opportunity below market value 1. 91 %-Full Value................................................................ 0 pts 2. 71%-90%...................................................................... 33 pts 3. 50%-70%....................................................................... 66 pts 4. < 50% Full Value.............................................................. 100 pts C. Removal of all remaining development rights? 1. All removed ................................................. . ......................... 100 pts 2. Development rights remaining ................................................... 0 pts D. Is located within a priority area : a. In priority area.....................................................................100 pts b. Not in a priority area............................................................. opts Once a point value for the section is determined, it is multiplied by a weight factor to indicate the importance (weighted factor for Special Considerations Points section has been 0.10, but is subject to ongoing review by the Committee). Revised and adopted, XX, 2018 Page S 25 5. Matching Funds Secured 1. 100% secured................................................................. 100 pts 2. 75% secured.................................................................. 75 pts 3. 50% secured.................................................................. 50 pts 4. 25% secured.................................................................. 25 pts 5. 0% secured................................................................... Opts Once a point value for the section is determined, it is multiplied by a weight factor to indicate the importance (weighted factor for Bonus Points section has been 0.10, but is subject to ongoing review by the Committee). 6. Final Score The points for each section are added up and multiplied by a weight factor, which indicates the importance that is placed on a particular characteristic. The weighted scores are then added to provide an overall score (0-100). The higher the score, the more closely the property meets the goals of the program and hence is a higher priority for purchase and preservation. Properties which score less than 40 (forty) points will not be recommended for program participation. The PDR Oversight Committee retains the ability to add or subtract up to 5 points on any application. A write-up of committee opinion will be included in all council proceedings. Revised and adopted, XX, 2018 Page 9 26 V. OVERVIEW OF PDR PROGRAM PROCEDURES A. Outreach and Publicity Step 1: The County shall annually give notice in one newspaper of general circulation in each area where eligible lands are located which may be acquired. The notice shall include the properties eligible to participate, the application process and applicable timeframes and extensions. The Administrator may identify each property with potential development rights within priority consideration areas and provide written notification to the property owners. B. Application and Ranking Step 2: Voluntary pre -application screening. Interested property owners may meet with the County PDR Program Administrator (Administrator) to review their eligibility and special circumstances, if any. Step 3: Application. An owner of land eligible for PDR Program participation submits and application for County acquisition of property or development rights. The application must be submitted on the form provided by the County. Lot of Record application must be submitted simultaneously unless determination has already been completed. Step 4: Lot of Record/Density Determination. An owner of land eligible for PDR Program participation submits a Lot of Record application and signs a Letter of Intent that states that payment for this service must be made upon closing of the easement or should the applicant wish to withdraw their application. This application determines legal status of lots being considered and determines that number of development rights remaining on said lots. PDR Program application may be submitted simultaneously. Step 5: The Administrator reviews each application for completeness, determines if the subject property meets minimum eligibility criteria and assigns a preliminary score based upon the PDR site selection criteria. Step 6: The PDR Oversight Committee reviews PDR Program applications and recommends proposed development rights acquisition utilizing the selection criteria. Recommendations for development right acquisition are prepared and forwarded to County Council to approve, deny, or recommend modification. Step 7: The Administrator estimates the number of appraisals that can be initiated based on available funds and chooses the top ranked parcels from the County Council's list of parcels. The property owner is notified in writing of eligibility status. Revised and adopted, XX, 2018 Page 10 27 Step 8: Property owners disputing their ranking may request a reconsideration of their ranking to the PDR Oversight Committee within 14 days after receiving written notice. The Committee shall review the reconsideration request at the next regularly scheduled meeting. Special consideration will be given if applicant modifies the original offer to include a bargain sale. The PDR Oversight Committee may, at its discretion, change the site's rank, recommend the site for subsequent consideration, or deny the request. C. Title Step 9: The Administrator initiates a title search. Closing is conditioned on the resolution of all unapproved title exceptions, within the County's sole discretion, which may require the receipt of subordination agreements or payoff letter. D. Pricing Estimate and Appraisal Step 10: The Administrator or designee provides preliminary estimate of value, and notifies the property owner of an estimated range of value within which the appraisal will likely fall. The Administrator or designee sends the applicant a letter of intent, including range of expected value. The letter calls for the signature of property owner(s), and spells out conditions under which costs for further due diligence and the lot of record must be reimbursed to the county if the property owner chooses to withdraw from the program within a specified period of time. Step 10: The Administrator or designee proceeds to verify assumptions through official county processes, such as a formal Lot of Record and density determination, and conduct other due diligence as necessary (such as water rights research and Title research and clearing). Step 11: Unless Council and the Executive specifically authorize an alternate approach to determine value, the Administrator commissions a full appraisal by a County authorized appraiser to appraise the development rights value of the land proposed for development rights sale. The development rights value is the difference between the market value of full ownership of the land, and the agricultural value. Step 12: The appraiser submits the completed appraisal (or the alternate determination of value is conducted and submitted) to the Administrator and the Oversight Committee for their review. Step 13: The Administrator or designee meets with the property owner to review the appraisal (or alternate determination of value), state the offer, review the conservation easement provisions, agreement terms and conditions, and to answer the property owner's questions. Step 14: If the property owner believes that the land has not been adequately appraised or valued, the owner may, within the time allowed in the schedule, commission an appraisal at the owner's expense. Revised and adopted, XX, 2018 Page 11 28 E. Offer to Purchase Easement and Agreement Step 15: A written offer to purchase development rights based on appraised or determined value is made to the property owner following budget authorization by the County Council, and approval by the County Executive. Step 16: Within 30 days, the property owner accepts, rejects or makes a counter offer. Counter offers will be reviewed and evaluated by the Oversight Committee and the County's authorized appraiser. Step 17: Property owners desiring to sell their development rights sign a Purchase and Sale Agreement. F. Adjacent Property Owner Notification Step 18: Neighboring property owners are notified that adjacent land is in the process of being preserved. G. Approval Step 19: Review materials are presented to the County Executive for review and approval, rejection, or recommendation for modification. Step 20: Review materials are sent to other participating entities for partially or wholly funded conservation easements several days prior to any deadline. I. Settlement Step 21: Settlement will occur following County Executive approval of transaction terms and is contingent upon a title search and any other evidence, such as a land survey, that may be necessary to establish clear title. Step 22: Payment will be in full at time of settlement unless the County and property owner agree to an installment sale. Step 23: Checks are requested from the Finance Manager and settlement is scheduled within a week or two of approval. Federal or state money is dispersed according to federal or state regulation. J. Recording Step 24: The conservation easement will be recorded at the County Auditor's office. The County or its designee will monitor the properties under easement at least annually to ensure compliance with the easement. Revised and adopted, XX, 2018 Page 12 29 VI. CONSERVATION EASEMENTS A. Description A conservation easement deed is a legally binding document, which is recorded by the County Auditor, forever restricting the property to agricultural and directly associated uses, and for which compensation may be paid. As an easement in gross in perpetuity, restrictions are binding upon the owner and future owners, and run with the land. B. PDR Program Conservation Easements At the time of acquisition of development rights from a participating property, a conservation easement is placed on the property permanently restricting development of the site and protecting/preserving the agricultural, forestry, and ecological values associated with the site. The conservation easement must be signed by both the property owner(s) and the County Executive or his/her designee and recorded with the property records for the property. A model conservation easement deed is included in these guidelines as attachment D. 1. Conservation Easement Requirements Conservation easements shall be on a form approved by the Whatcom County Prosecuting Attorney and shall meet the following basic requirements: a. The deed shall be in recordable form and contain an accurate legal description setting forth the metes and bounds of the area subject to the easement; b. Restriction is granted in favor of Whatcom County, or if designated by the organizations as defined in RCW64.04.130; C. Restriction is granted in perpetuity, and shall bind existing and future property owners; and d. Unless specifically provided for, nothing in the restrictions shall be construed to convey to the public a right of access or use of the property, and the owner of the property, his/her heirs, successors and assigns shall retain exclusive right to such access or use subject to the terms of the easement. 2. Filing After the conservation easement is signed and notarized, it must be recorded with the Whatcom County Auditor's Office. C. Conservation Easement Conveyance Conservation easements may be either donated or sold, or a combination of both. Revised and adopted, XX, 2018 Page 13 30 1. Conservation Easement Donation a. A donation of a total parcel will not be subject to eligibility except as below in section c. Partial parcel donation shall be considered under the same rule as for development rights sales. Notwithstanding the eligibility of the property, acceptance of a fee interest or partial donation is within the discretion of the County Council. b. Whatcom County will accept voluntary donations or bequests of development rights as perpetual easements in gross if meeting eligibility criteria (except priority area criteria) and within the discretion of the County Council. C. All properties offered for development rights donation must meet the following minimum eligibility criteria: 1. The PDR Oversight Committee will consider each offer on a case by -case basis, considering the property's consistency with current and future land uses, and 2. The property must be at least 1 acre in size, and 3. Be in agricultural or forestry use or contain ecological values and has not been irrevocably devoted to a use inconsistent with the above values, 4. Cannot be located within an Urban Growth Area, unless coordination with the proximal small city is a component of the donation. 2. Conservation Easement Sale a. Whatcom County will purchase perpetual conservation easements on qualified properties in accordance with the policies and procedures of the Whatcom County Agricultural, Forestry, and Ecological Purchase of Development Rights Program, with Federal, State, County, and/or private funds and any combination thereof. b. All properties offered for conservation easement sale must meet minimum eligibility criteria as contained in Section III. Revised and adopted, XX, 2018 Page 14 31 VII. OPERATIONAL PROCEDURES FOR ACQUIRING PDR EASEMENTS A. Outreach and Publicity Annually, notice shall be published in one newspaper of general circulation. Application opening and closing dates, if any, will be determined by the PDR Oversight Committee. The Committee shall have the discretion to consider applications in rounds, or individually on a rolling basis. If selection deadlines are extended, the committee will provide public notice of the extension. B. Application and Ranking 1. Property owner(s) voluntarily submits an application(s) to the County. The application must be submitted to the County on the form provided by the PDR Program, and according to the relevant public notice. Applicants are to include at a minimum: a. Name(s) and address(es) of the property owner(s) of the site; b. Legal description and parcel number(s); C. Copy of the property deed and title; d. Total acreage of farmland to be included in the PDR Program; e. Current land use and soils; f. Number of dwelling units; g. Description of the farming operation; h. Other information necessary to evaluate property eligibility; i. Lot of Record/Density Determination application and payment, or Lot of Record/Density Determination application and signed Letter of Intent agreeing to terms of payment at the time of easement closing or upon withdrawal from program, or completed Lot of Record/Density Determination; and j. Acknowledgement of intent to grant to Whatcom County a conservation easement in a form provided by the County. 2. The Administrator shall review each application to determine completeness and eligibility. 3. Applications meeting all minimum eligibility criteria shall be evaluated and scored by the administrator and Oversight Committee according to the site selection criteria. (See Section IV) 4. The PDR Oversight Committee shall provide the County Council with information and scoring of properties recommended for conservation easement acquisition by the committee. County Council shall approve or deny pursuit of conservation easement acquisitions on the parcels. Revised and adopted, XX, 2018 Page 15 32 5. The Administrator shall then arrange appraisals (or alternate determination of value) of eligible applicant properties as determined by the County Council. 6. The PDR Oversight Committee and Administrator shall provide updates to the County Council discussing recommended purchases, possible program changes, and anticipated budget needs. C. Appraisal Appraisals for eligible properties shall be conducted to determine the value of development rights of parcels in the order of acquisition priority until acquisition funds are expended. a. The appraisals are to be made by an independent appraiser qualified to appraise agricultural, forestry, and/or ecological land for development rights purchases. An appraiser is deemed qualified if he or she possesses a State of Washington certification as a State Certified General Real appraiser, MAI designation by the Appraisal Institute (or equivalent), and at least five years agricultural lands appraisal experience. Appraisers shall supply a narrative or UAAR form report, which contains information as required by the Uniform Standards of Professional Appraisal Practice (USPAP), Uniform Appriasal Standards of Federal Land Acquisition (UASFLA) and as specified in any contract with the County. b. An appraisal report is an objective report of market facts. The appraisal report must estimate both the unrestricted fee market value of the land only, excluding the value of buildings, and the agricultural value of the land only, of which the difference is the development rights value. c. Both values shall be based primarily on an analysis of comparable sales. If comparable sales data is not available for agricultural lands, the appraiser may use local farmland rental values or capitalized production values to determine the agricultural values of the land. d. A description of the buildings or other improvements shall appear in the appraisal report; however, the buildings will not be valued and therefore will not be considered in determining the development rights value. e. The appraiser shall report whether the subject property has any land use restrictions, public or private and/or physical attributes, which limit the developmental capability of the land. f. The appraiser shall be advised that conservation easements are perpetual. The perpetual nature of the easement shall take precedent over any agricultural zoning status. g. The appraisal shall be in writing and may be discussed with the owners prior to the submission of written offers. Revised and adopted, XX, 2018 Page 16 33 h. If the property owner believes the property has not been adequately appraised, the owner may, within the time allotted, request that a review appraisal be made at the owner's expense. This appraisal must be completed in accordance with the guidelines set forth herein. If the review (owner's) appraisal is not completed within the allotted time, the application will be delayed for future committee consideration. If a review appraisal is completed, the appraisals will be reviewed by the County's Appraiser. The County's Appraiser in consultation with the Program Administrator and the PDR Oversight Committee will accept, modify or reject the review appraisal. The determination of the County's Appraiser is final. i. The maximum value of development rights purchased by the County shall be no more than the easement value contained in an appraisal report. The easement value is the difference between the farmland's value before and after the voluntary conservation easement. 2. Council and the Executive may specifically authorize an alternate approach to determine value in accordance with state and local laws, in which case the conditions of that approach would substitute for the appraisal guidelines as set forth in C.1., above. D. Title and Survey Issues 1. The Administrator shall request a title report confirming that applicant is the owner of the property and has unrestricted legal right to transfer the development rights (i.e. there must be clear title to transfer the property). The title report will be provided to the County Attorney for review. 2. All encumbrances (including but not limited to: liens, mortgages and judgments) against the property must be subordinated, satisfied or removed prior to development rights acquisition. Mortgage and/or lien holder subordination and releases may be required acknowledging that a conservation easement will be placed on the property and subordinating their interest in the property to the deed restriction. 3. At settlement for a County or joint development rights purchase, the PDR Oversight Committee or applicant shall provide a title insurance policy issued by a title insurance company authorized to conduct business in Washington State by the Washington State Office of Insurance Commissioner. The cost of such title insurance shall be a shared cost, with the county's portion considered a cost incident to the development rights purchase and a reimbursable expense from the County's Conservation Futures Fund. 4. It is the property owner's responsibility to survey (or provide a legal description that meets specific standards) any exceptions from the easement and any graveyards or cellular towers that may be located on the property. It is the property owner's responsibility to provide a legal description for any commercial Revised and adopted, XX, 2018 Page 17 34 operation on the farm that is not incidental to the overall farming operation, in order to exclude it from the easement. Surveys shall be conducted by a licensed surveyor in accordance with state and federal regulations. E. Development Rights Value and Purchase Price 1, The maximum value of development rights purchased by the County shall be no more than the easement value contained in an appraisal report. The easement value is the difference between the land's value before and after the voluntary conservation easement. 2. Development rights may only be purchased in perpetuity. F. Recommendation of Development Rights Purchases by the PDR Oversight Committee 1. The PDR Oversight Committee, in making recommendations concerning applications and purchase offers, shall consider the following: a. Evaluation according to the site selection criteria b. Consistency with County Comprehensive C. Cost relative to total allocations and appropriations d. Proximity to other land subject to protection easements 2. Upon receiving the recommendations of the PDR Oversight Committee and the Administrator, the County Executive shall review the recommendations and shall take final action to authorize or deny proposed purchase terms and offers, consistent with authorization by the County Council. 3. If a property is approved for development rights purchase, the Administrator will meet with the property owner and review the terms, conditions and amount of the County's offer. A written offer will be provided to the property owner. Written notice shall also be provided to land not approved for development rights purchase. 4. Within 30 days of receipt of a written offer from the County an applicant must indicate in writing which of the following actions they intend to pursue: a. Accept the offer. b. Reject the offer. 1. Reject offer outright a. no further action b. participate in future review 2. Submit a counter offer within 90 days of written notice of offer by the County. C. Failure to notify the County within 30 days shall constitute rejection of the offer. Revised and adopted, XX, 2018 Page 18 35 5. If the offer is accepted, the Administrator shall prepare a Purchase and Sale agreement. USDA or State Funds must be paid as lump sum. The method of payment shall be specified from the options listed below: a. Lump Sum b. Installment Purchase Agreement (IPA) C. Like -Kind Exchange d. Or a combination of the above 6. For development rights purchase utilizing the Installment Purchase Agreement (IPA) program, the County Council at settlement shall provide an opinion of legal counsel that the County's obligations to make installment payments of principal and tax-exempt interest over time are legal, valid, and binding. And that such payments are a general obligation of the County for which its full faith, credit, and taxing power are pledged. Interest paid by the County is exempt from federal income taxes. 7. All Agreements of Sale and Conservation Easements require the County Council's approval. G. Grant of the Agricultural, Forestry, and/or Ecological Protection Conservation Easement Before the purchase of development rights can be finalized, a conservation easement in a form approved by the County Attorney and consistent with the policies of the PDR Program Guidelines, must be placed on the property permanently restricting development of the site and preserving its agricultural, forestry and/or ecological values. The principal interest of the County is to ensure that lands are preserved and subsequently stewarded in a manner that maintains and enhances their farmland, forestland, and/or ecological values. There may be some instances where there is a public interest in another public entity or non-profit organization to hold the conservation easement, for continued stewardship and protection of the land. The County will consider: 1. The preferences of the donor or seller; 2. Administrative, monitoring, and enforcement issues associated with the conservation easement and the resources available to address these issues; 3. Requirement of Federal, State or County funding sources utilized to purchase development rights. H. Development Rights Purchase Recommendations/Submission Requirements 1. County Council: Each recommendation for development rights purchases with County funds, State funds, Federal funds, private donor funds or a combination of funds shall be presented to the County Council at a regularly scheduled public meeting. Revised and adopted, XX, 2018 Page 19 36 2. Letters of Notification: Letters of notification for development rights purchases will be sent to adjoining property owners by the Administrator. Revised and adopted, XX, 2018 Page 20 37 VIII. CONSERVATION FUTURES FUND A. Intent This fund was established in 1992 to be used solely to acquire right and interests in open space land, farm and agricultural land, and timber land, so as to protect, preserve, maintain, improve, restore, limit the future use of, or otherwise conserve the property for public use and enjoyment. B. Fund Sources This Conservation Futures Fund is funded by a real property tax applied to all real property within Whatcom County at a rate determined by the county administration and county council. C. Fund Source Accounts Council shall annually consider an allocation of Conservation Futures Fund to be placed in a Purchase of Development Rights Account. D. Installment Payment Fund 1. The intent of installment payment funds, which are established by the County, is to encumber and invest committed funds for which recipient property owners have elected annual installment payments for a period, which may vary according to the wishes of the property owner. 2. The full consideration of any transaction for which installment payments of five years or less have been elected shall be placed in the fund, less the amount of any first installment to be paid at settlement. This amount shall be invested and annual installment payments shall include the interest accrued. 3, Annual installment payments shall be made on or before January 20th of each year. 4. A property owner may enter into an Installment Purchase Agreement for fifteen (15) to thirty (30) years at an interest rate to be negotiated between the property owner and the County. The property owner will receive semi-annual interest payments that are tax exempt. Principal will be paid in one lump sum at the end of term. The property owner will also receive a security representing the Installment Purchase Agreement. The property owner may sell or assign this Agreement. Revised and adopted, XX, 2018 Page 21 38 E. Public Expenditures 1. All public expenditures from the Conservation Futures Fund are subject to approval by Whatcom County Council and will be made in accordance with approved disbursement procedures. 2. Expenditures from the PDR Program Account shall be limited to interests in qualified agricultural, forestry, and/or ecological land participating in Whatcom County's Agricultural, Forestry, and Ecological Purchase of Development Rights Program, and other expenses necessary to the acquisition of conservation easements authorized under RCW 84.34.200-.240. 3. The annual appropriation to the PDR Program by the County Council shall be available for the calendar year in which the appropriation was made and or the subsequent calendar year. Revised and adopted, XX, 2018 Page 22 39 Ell 0 cr ID OAS a V 7 a K a F ZL> o c '® H H Al rr IE9'' A LA. 0 3 A N O, O M rr 3 =, d '< a o CL °to ryr r upO =� o > > s c N tb = k ° a o' T . n � - D Z +: � m D m m C3 ,!` — i1 'fir 6 Z� 0 01 fA rf of a rt rF C o o m19 A d C 9 o rt A 3 •< a m 0 01 O IN A 5 to a n N m d 0 m Va c �. a m �a 3 m W 1 g c x 0 Cr ° o o m n CD y D m N 3 O O CL Sj{ FIN 42 V 0 3 O I �eAs m a a 43 APPENDIX E Soils List Soil # Soil Name APO y/n LESA Group PRIME STATEWIDE IMPORTANCE Site Index 1 ANDIC CRYOCHREPTS - 60 TO 90% SLOPES N 0 0 2 ANDIC CRYOCHREPTS-ROCK OUTCROP COMPLEX - 60 TO 90% SLOPES N 0 0 3 ANDIC XEROCHREPTS - 60 TO 90% SLOPES N 0 0 3 4 ANDIC XEROCHREPTS-ROCK OUTCROP COMPLEX - 60 TO 90% SLOPES N 0 1 0 3 5 ANDIC XEROCHREPTS-COOL ROCK OUTCROP COMPLEX-60 TO 90% SLOPES N 0 0 4 6 BARNESTON GRAVELLY LOAM - 0 TO 8% SLOPES N 0 0 2 7 BARNESTON VERY GRAVELLY LOAM - 8 TO 15% SLOPES N 0 0 2 8 BARNESTON VERY GRAVELLY LOAM - 15 TO 30% SLOPES N 0 0 2 9 BARNESTON VERY GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 2 10 BARNHARDT GRAVELLY LOAM - 0 TO 5% SLOPES N 4 4 3 11 BELLINGHAM SILTY CLAY LOAM - 0 TO 2% SLOPES N 0 2 12 BIRCHBAY SILT LOAM - 0 TO 3% SLOPES Y 1 1 3 13 BIRCHBAY SILT LOAM - 3 TO 8% SLOPES Y 1 1 3 14 BIRCHBAY SILT LOAM - 8 TO 15% SLOPES N 0 0 yes 3 15 BLAINEGATE SILTY CLAY - 0 TO 1 % SLOPES N 0 0 16 BLAIN EGATE- URBAN LAND COMPLEX - 0 TO 1% SLOPES N 0 0 17 BLETHEN GRAVELLY LOAM - 5 TO 15% SLOPES N 0 0 yes 3 18 BLETHEN GRAVELLY LOAM - 15 TO 30% SLOPES N 0 0 yes 3 19 BLETHEN GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 3 20 BLETHEN VERY BOULDERY LOAM - 5 TO 40% SLOPES N 0 0 3 21 BOROSAPRISTS - 0 TO 2% SLOPES N 0 0 22 BRISCOT SILT LOAM DRAINED - 0 TO 2% SLOPES Y 3 5 23 BRISCOT ORIDIA AND SUMAS SOILS - 0 TO 2% SLOPES N 0 5 2 CHUCKANUT LOAM - 3 TO 8% SLOPES N 0 1 25 CHUCKANUT LOAM -BEDROCK SUBSTRATUM - 5 TO 15% SLOPES N 0 0 yes 2 26 CHUCKANUT LOAM -BEDROCK SUBSTRATUM - 15 TO 30% SLOPES N 0 0 yes 2 27 CHUCKANUT LOAM -BEDROCK SUBSTRATUM - 30 TO 60% SLOPES N 0 0 2 28 CHUCKANUT-SHALCAR COMPLEX - 0 TO 15% SLOPES N 0 0 yes 2 29 CHUCKANUT-URBAN LAND COMPLEX - 5 TO 20% SLOPES N 0 0 2 30 CLENDENEN GRAVELLY SILT LOAM - 5 TO 30% SLOPES N 0 0 31 CLIPPER SILT LOAM -DRAINED - 0 TO 2% SLOPES Y 2 2 32 COMAR SILT LOAM - 5 TO 15% SLOPES N 0 0 yes 2 33 COMAR SILT LOAM - 15 TO 30% SLOPES N 0 0 yes 2 34 COMAR SILT LOAM - 30 TO 60% SLOPES N 0 0 2 35 CRINKER VERY CHANNERY SILT LOAM - 30 TO 60% SLOPES N 0 0 36 CUPPLES GRAVELLY LOAM - 5 TO 30% SLOPES N 0 0 2 37 CUPPLES GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 2 38 DEKAPEN LOAM - 8 TO 25% SLOPES N 0 0 3 39 DEMING GRAVELLY SILT LOAM - 5 TO 30% SLOPES N 0 0 40 DEMING GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 41 DIOBSUD GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 42 EDFRO VERY GRAVELLY SILT LOAM - 8 TO 30% SLOPES N 0 0 43 EDFRO VERY GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 Revised and adapted, XX, 2018 Page 27 44 44 EDFRO VERY STONY SILT LOAM - 30 TO 60% SLOPES N 0 0 45 EDMONDS-WOODLYN LOAMS - DRAINED - 0 TO 2% SLOPES Y 3 3 46 ELIZA SILT LOAM - DRAINED - 0 TO 1% SLOPES N 0 0 47 ELIZA-TACOMA SILT LOAMS - 0 TO 1% SLOPES N 0 0 48 EVERETT GRAVELLY SANDY LOAM -HARD SUBSTRATUM - 2 TO 8% SLOPES N 0 0 3 49 EVERETT VERY GRAVELLY SANDY LOAM - 8 TO 15% SLOPES N 0 0 3 50 EVERETT VERY GRAVELLY SANDY LOAM - 15 TO 35% SLOPES N 0 0 3 51 EVERETT COMPLEX - 2 TO 8% SLOPES N 0 0 3 52 EVERETT-URBAN LAND COMPLEX - 5 TO 20% SLOPES N 0 0 3 53 EVERSON SILT LOAM -DRAINED - 0 TO 2% SLOPES N 2 2 54 FISHTRAP MUCK -DRAINED - 0 TO 2% SLOPES Y 3 2 55 j GALLUP SILT LOAM - 30 TO 60% SLOPES N 0 0 56 GALLUP SILT LOAM - 60 TO 80% N 0 0 57 GALLUP SILT LOAM -COLD - 30 TO 60% SLOPES N 0 0 58 GALLUP SILT LOAM -COLD - 60 TO 80% SLOPES N 0 0 59 GETCHELL LOAM - 3 TO 30% SLOPES N 0 0 60 GETCHELL LOAM - 30 TO 60% SLOPES N 0 0 61 HALE SILT LOAM - 0 TO 2% SLOPES N 0 2 4 62 HALE SILT LOAM -DRAINED - 0 TO 2% SLOPES Y 2 2 4 63 HALLENTON SILT LOAM -DRAINED - 0 TO 1% SLOPES N 0 2 64 HANNEGAN VERY GRAVELLY LOAM - 15 TO 40% SLOPES N 0 0 65 HARTNIT SILT LOAM -COLD - 5 TO 30% SLOPES N 0 0 66 HARTNIT SILT LOAM -COLD - 30 TO 60% SLOPES N 0 0 67 HARTNIT-GALLUP-ROCK OUTCROP COMPLEX - 50 TO 80% SLOPES N 0 0 68 HEISLER VERY GRAVELLY SILT LOAM - 8 TO 30% N 0 0 2 69 HEISLER VERY GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 2 70 HINKER VERY CHANNERY SILT LOAM - 5 TO 30% SLOPES N 0 0 71 HINKER VERY CHANNERY SILT LOAM - 30 TO 60% SLOPES N 0 0 72 HISTOSOLS-PONDED - 0 TO 1% SLOPES N 0 0 73 HOVDE SILT LOAM - 0 TO 2% SLOPES N 0 0 74 HOZOMEEN GRAVELLY LOAM - 20 TO 45% SLOPES N 0 0 75 HYDRAQUENTS-TITAL - 0 TO 1% SLOPES N 0 0 76 JACKMAN GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 77 JORGENSEN GRAVELLY SILT LOAM - 3 TO 15% SLOPES N 0 0 78 JUG VERY GRAVELLY LOAM - 3 TO 15% SLOPES N 0 0 2 79 KICKERVILLE SILT LOAM - 0 TO 3% SLOPES Y 1 1 2 80 KICKERVILLE SILT LOAM -3 TO 8% SLOPES Y 1 1 2 81 KICKERVILLE SILT LOAM - 8 TO 15% SLOPES N 0 0 yes 2 82 KICKERVILLE-URBAN LAND COMPLEX - 0 TO 3% SLOPES N 0 0 2 83 K1NDY GRAVELLY SILT LOAM - 8 TO 30% SLOPES N 0 0 4 84 KIN DY GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 4 85 KINDY-OSO COMPLEX - 5 TO 40% SLOPES N 0 0 86 KLAWATTI VERY GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 87 KLAWATTI V. GRAVELLY SANDY LOAM-SERPENTINE-10 TO 30% SLOPES N 0 0 88 KLAWATTI V. GRAVELLY SANDY LOAM-SERPENTINE-10 TO 30% SLOPES N 0 0 89 KLAWATTI-ROCK OUTCROP COMPLEX - 60 TO 80% SLOPES N 0 0 90 KLINE GRAVELLY SANDY LOAM - 2 TO 8% SLOPES N 0 0 3 91 KULSHAN LOAM - 5 TO 30% SLOPES N 0 0 92 KILSHAN LOAM - 30 TO 60% SLOPES N 0 0 93 1 ABOUNTY SILT LOAM - 0 TO 2% SLOPES N 4 2 Revised and adopted, XX, 2018 Page 28 45 94 LABOUNTY SILT LOAM -DRAINED - 0 TO 2% SLOPES N 0 2 95 LARUSH SILT LOAM - 0 TO 3% SLOPES Y 3 3 2 96 LAXTON LOAM - 0 TO 30% SLOPES Y 1 1 2 97 LAXTON LOAM - 3 TO 8% SLOPES Y 1 1 2 98 LAXTON LOAM - 8 TO 15% SLOPES N 0 0 yes 2 99 LYNDEN SANDY LOAM Y 1 4 3 100 LYNDEN SANDY LOAM - 3 TO 7% SLOPES Y l 4 3 101 LYNDEN-URBAN LAND COMPLEX - 0 TO 5% SLOPES N 0 0 3 102 LYNNWOOD SANDY LOAM - 0 TO 5% SLOPES N 0 0 3 103 LYNN WOOD SANDY LOAM - 5 TO 20% SLOPES N 0 0 yes 3 104 MONTBORNE GRAVELLY LOAM - 5 TO 30% SLOPES N 0 0 3 105 MONTBORNE GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 3 106 MONTBORNE-RINKER COMPLEX - 30 TO 60% SLOPES N 0 0 3 107 MT, VERNON FINE SANDY LOAM - 0 TO 2% SLOPES Y 2 3 2 108 NATI LOAM - 5 TO 15% SLOPES N 0 0 yes 2 109 NATO LOAM = 15 TO 30% SLOPES N 0 0 yes 2 110 NATI LOAM - 30 TO 60% SLOPES N 0 0 3 III NEPTUNE VERY GRAVELLY SANDY LOAM- 0 TO 3% SLOPES N 0 0 13 112 OAKES VERY GRAVELLY LOAM - 8 TO 30% SLOPES N 0 0 2 113 OAKES VERY GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 2 114 OAKES VERY GRAVELLY LOAM - 60 TO 80% SLOPES N 0 0 4 115 ORIDIA SILT LOAM -DRAINED - 0 TO 2% SLOPES Y 3 5 116 PANGBORN MUCK -DRAINED - 0 TO 2% SLOPES Y 3 2 117 PICKETT-ROCK OUTCROP COMPLEX - 5 TO 30% SLOPES N 0 0 �1 118 PICKETT-ROCK OUTCROP COMPLEX - 30 TO 60% SLOPES N 0 0 4 119 PILCHUCK LOAMY FINE SAND - 0 TO 3% SLOPES N 0 0 3 120 PITS N 0 0 121 POTCHUB LOAM - 8 TO 30% SLOPES N 0 0 122 POTCHUB LOAM - 30 TO 60% SLOPES N 0 0 123 PUGET SILT LOAM -DRAINED - 0 TO 2% SLOPES Y 3 5 124 PUYALLUP FINE SANDY LOAM - 0 TO 2% SLOPES Y 2 3 2 125 REVEL LOAM - 5 TO 30% SLOPES N 0 0 4 126 REVEL LOAM - 30 TO 60% SLOPES N 0 0 4 127 REVEL -WELCOME -ROCK OUTCROP COMPLEX - 30 TO 60% SLOPES N 0 0 4 128 RINKER VERY CHANNERY SILT LOAM - 8 TO 30% SLOPES N 0 0 3 129 RINKER VERY CHANNERY SILT LOAM - 30 TO 60% SLOPES N 0 0 3 130 RIVERWASH N 0 0 131 ROCK OUTCROP N 0 0 132 ROCK OUTCROP-KULSHAN COMPLEX - 60 TO 90% SLOPES N 0 0 133 RUBBLE LAND N 0 0 134 SAAR GRAVELLY SILT LOAM - 5 TO 30% SLOPES N 0 0 135 SAAR GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 136 SAAR-HARTNIT COMPLEX - 5 TO 40% SLOPES N 0 0 137 SANDUN VERY GRAVELLY SANDY LOAM - 5 TO 30% SLOPES N 0 0 138 SANDUN VERY GRAVELLY SANDY LOAM - 30 TO 60% SLOPES N 0 0 139 SEHOME LOAM - 2 TO 8% SLOPES Y 0 1 2 140 SEHOME LOAM - 8 TO 15% SLOPES N 0 0 yes 2 141 SEHOME GRAVELLY LOAM - 15 TO 30% SLOPES N 0 0 yes 2 142 SEHOME GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 2 143 SHALCAR MUCK -DRAINED - 0 TO 2% SLOPES y 3 2 Revised and adopted, XX, 2018 Page 29 46 144 SHALCAR AND FISHTRAP SOILS - 0 TO 2% SLOPES N 0 2 145 SHUKSAN GRAVELLY SILT LOAM - 5 TO 30% SLOPES N 0 0 146 SHUKSAN GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 147 SHUKSAN-KULSHAN-ROCK OUTCROP COMPLEX - 50 TO 80% SLOPES N 0 0 148 SKIPOPA SILT LOAM - 0 TO 8% SLOPES Y 0 1 3 149 SKIPOPA-BLAINEGATE COMPLEX - 0 TO 8% SLOPES N 0 0 3 150 SKYKOMISH VERY GRAVELLY LOAM - 3 TO 30% SLOPES N 0 0 3 151 SNOHOMISH SILT LOAM -DRAINED - 0 TO 2% SLOPES Y 3 5 152 SNOQUALMIE GRAVELLY LOAMY SAND - 0 TO 3% SLOPES N 0 0 3 153 SORENSEN VERY GRAVELLY SILT LOAM - 8 TO 30% SLOPES N 0 0 2 154 SORENSEN VERY GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 2 155 SPRINGSTEEN VERY GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 156 S UALICUM GRAVELLY LOAM - 5 TO 15% SLOPES N 0 0 yes 2 157 SQUALICUM GRAVELLY LOAM - 15 TO 30% SLOPES N 0 0 yes 2 158 S UALICUM GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 2 159 S UALICUM-URBAN LAND COMPLF.,X - 5 ATO 20% SLOPES N 0 0 2 160 SQUIRES VERY CHANNERY LOAM - 5 TO 30% SLOPES N 0 0 2 161 SQUIRES VERY CHANNERY LOAM - 30 TO 60% SLOPES N 0 0 2 162 SUMAS SILT LOAM -DRAINED - 0 TO 2% SLOPES Y 3 5 163 TACOMA SILT LOAM - 0 TO l% SLOPES N 0 0 164 TACOMA SILT LOAM -DRAINED - 0 TO 1% SLOPES N 0 0 165 TROMP LOAM - 0 TO 2% SLOPES Y 1 1 3 166 TWINSI VERY GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 167 TWINSI VERY STONY LOAM - 30 TO 60% SLOPES N 0 0 168 TYPIC CRYORTHODS - 60 TO 90% SLOPES N 0 0 169 TYPIC CRYORTHODS-ROCK OUTCROP COMPLEX - 60 TO 90% SLOPES N 0 0 170 TYPIC PSAMMA UENTS-TIDAL - 0 TO 1% SLOPES N 0 0 171 URBAN LAND N 0 0 172 URBAN LAND-WHATCOM-LABOUNTY COMPLEX - 0 TO 8% SLOPES N 0 0 2 173 VANZANDT VERY GRAVELLY LOAM - 5 TO 15% SLOPES N 0 0 2 174 VANZANDT VERY GRAVELLY LOAM - 15 TO 30% SLOPES N 0 0 2 175 VANZANDT VERY GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 2 176 WELCOME LOAM - 5 TO 30% SLOPES N 0 0 3 177 WELCOME LOAM - 30 TO 60% SLOPES N 0 0 3 178 WHATCOM SILT LOAM - 0 TO 3% SLOPES Y 2 l 2 179 WHATCOM SILT LOAM - 3 TO 8% SLOPES Y 4 1 2 180 WHATCOM SILT LOAM - 8 TO 15% SLOPES N 0 0 yes 2 181 WHATCOM SILT LOAM - 30 TO 60% SLOPES N 0 0 2 182 WHATCOM-LABOUNTY SILT LOAMS - 0 TO 8% SLOPES N 4 2 2 183 WHATCOM-LABOUNTY SILT LOAMS - 0 TO 15% SLOPES N 0 0 2 184 WHITELIORN WILT LOAM - 0 TO 2% SLOPES Y 3 2 185 WICKERSHAM CHANNERY SILT LOAM - 0 TO 8% SLOPES N 4 4 2 186 WINSTON SILT LOAM - 0 TO 3% SLOPES Y 0 1 2 187 WINSTON LOAM - 3 TO 15% SLOPES N 0 0 yes 2 188 WINSTON LOAM - 15 TO 40% SLOPES N 0 0 yes 2 189 WISEMAN VERY CHANNERY SAND LOAM - 0 TO 8% SLOPES N 0 0 3 190 WOLLARD GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 191 YELM LOAM - 3 TO 8% SLOPES Y 1 1 2 192 YELM-URBAN LAND COMPLEX - 0 TO 3% SLOPES N 0 0 2 Revised and adopted, XX, 2018 Page 30 47 APPENDIX F Model Conservation Easement Deed A sample Conservation Easement Deed based on the assumption of matching funds from the USDA-NRCS Agricultural Conservation Easement Program, is included in the following pages. Revised and adopted, XX, 2018 Page 31 48 PURCHASE OF DEVELOPMENT RIGHTS PROGRAM Revised and adopted, XX, 2018 Page 32 49 Whatcom County Agricultural-, Forestry, and Ecological Purchase of Development Rights PROGRAM GUIDELINES Revised version adopted April 9. 2013, Onk Second revision adopted XX_ 2018 50 51 (this page is intentionally blanLI 52 TABLE OF CONTENTS 1. INTRODUCTION................................................................................................................................................11 IL PDR PROGRAM OBJECTIVE AND PRINCIPLES......................................................................................22 111. ELIGIBILITY CRITERIA.................................................................................................................................4 IV. SITE SELECTION CRITERIA..........................................................................................................................6 V. OVERVIEW OF PDR PROGRAM PROCEDURES......................................................................................13 VI. CONSERVATION EASEMENTS...................................................................................................................17 VIL OPERATIONAL PROCEDURES FOR ACQUIRING PDR EASEMENTS.............................................19 Vlll. CONSERVATION FUTURES FUND..........................................................................................................25 APPENDIX A: nnn -rs o r_cr n u c e c = AGRICULTURAL PRIORITY AREAS....................................27 APPENDIX B: - FORESTRY PRIORITY AREAS............................................28 APPENDIX Ca - ECOLOGICAL PRIORITY AREAS........................................................................................... I Hlr C G u x1 u- I11t 0"n n"^-J............................................................................................................................. G APPENDIXE - SOILS LIST.....................................................................................................................................3 APPENDIX $F -MODEL GQNSPERMkTION EASEMENT PEF CONSERVATION EASEMENT ...................................................................................................................................................................................77 PURCHASE OF DEVELOPMENT RIGHTS PROGRAM 0 I. INTRODUCTION These Program Guidelines are authorized under WCC Title 3.25A and serve as rules and procedures for administering the Whatcom County Agricultural. Forestrl, and F.:cologival Purchase of Development Rights (PDR) Program. The Guidelines serve two functions: A. To provide an overview of the 16lland preservation process for the property owner. Specifically, this information can be found in Section V. B. To establish the rules and operational procedures that the PDR Oversight Committee and the Administrator must follow when operating a Purchase of Development Rights program. Revised and adopted, April 9, 2013 Page 1 54 II. -PDR PROGRAM OBJECTIVE AND PRINCIPLES Responding to the loss of County farmland, the Whatcom County Executive initiated the development of a Purchase of Development Rights (PDR) program in September of 2001. _A PDR Advisory Committee comprised of farmers, citizens and conservation organizations was ins •• ted to assisiFformed and tasked with assisting County staff in de}aek ai the devel�lmcnl of a proposal for County Council consideration. 'f he Purchaase of Development Rights Prom was enacted through Ordinance 2002-054 in September of 2002. Since that time Whatcom County cantinues to experience a rapid development rate. Desponding Lo the continued loss ol'agricullural land and of other land types such as forest resource lands and areas 0recologicaI importance_ these prograrn guidelines have been updated according. A. Objective 1�r n�rjr+�x�ic ► i #�-4aEk�r tcx�l�•lr► p�ft e�tir f fiNlar+r�;l'he primarti• Objective of the Whatcom County Purchase of Development Rights Program, in C011jutiction ►vit11 other Coals. is the pt_oteclion of fiarinIand. The second an• obi ectivc of the PDR Pr+agraan is the prolectistn of f'orestiand and areas of ecok al importance. The Whatcom_ County Purchase of Development Rights Program will i ;whelp to sustRiningsustain the farming enEeFpinand forestry enterprises as well as support_ healthy ec_os stem function throughout Whatcom County, B. Principles The PDR Program Iry v' es a strategic tool to protect tieally lee ~e County farmland. l'orestland. and areas orecolp itg al im iriuncc.. r._ri..fibute to th-e nrewe.,.tod-- ., .:0reserye the County's Agricultural tond Forestlands and Areas of Ecological Importance Encourage the inprotection of a critical mass of agricultural and forestry land to sustain the farm -related and lbreslrv-rclated businesses and activities that are necessary to support the agricultural iat"md forestry industries in Whatcom County. Additionally t11e Program will encottrage the protection of areas of ecoIo icy al importance necessaryy to sus Lain ecosystem health and 3itnction. The primary PDR Program emphasis will be: a. Reduce conversion of land to non-agricultural uses ►vithin the Agricultural District; b. Provide a buffer to discourage encroachment c4into the mat eA;zrie:ultura_l _istrict; I��eck�eeczz=.�,; �-�-fn�;-Etsi-►vi�hr-ttg�i'it+rtti�:c� C. Consolidate and protect large -areas of agricultural land; and d. x t&-�.- es_Protect agricultural lands located outside the agrietiltu -a eereAgricultural District that are under increased pressure of'deveIo np ien1. Revised and adopted, April 9, 2013 Page 2 55 The secondary PUR llrogr•ain emphasis will he: a. Reduce conversion of land to non-1•orestry uses within the Forestry Districts; b. Provide a butler to encroachment of the Forestry Districts: c. Consolidate and protect areas of forestry land; d. Address commercially significant Forestry Iands outside the f orestrv_ Districts that are under pressure of development. c. Protect areas of ecological importance and sup1xgrI and enhance ecosystem rimctions within agricultural and f'nrestry lands: h. Improve and support habitat connectivity and protection ol'critica1 Habitat corridors. 2. Offer Effective Program Design Maintain a voluntary tool for the preservation of productive agricultural Iaftland lr restry lands, as well as areas of ecolo gical impqrtanCe in the County that will: a. Provide farmers and foresters with the market based economic value for agricultural and forestry land without selling the land; bb. Provide_Droperty owners with the market based economic value for areas o Feco I og ienI im pgrtance without selling the land. C. Support and promote ongoing agricultural K-t"A d forestry activities by offering an attractive option for farmers. foresters. and landowners; a -Rd Od. Support and promow ecosystem flunaion by ol'llering. an atract iv�e option lbr landowners; and e. Provide for ongoing monitoring and enforcement. Leverage Program Impact and Efficiency Enhance and support a coordinated approach to the preservation of the agricultural 1andand forestry lands. as well as areas of ecological importance that will: a. Create community support for agricultural and forestry preservation initiatives; fah. Create community support for the protection ol'arcas a['ecolagical importance: c. Complement and foster other County programs and policies to preserve farming and agricultural lands; and d. Complement and foster ether Countyprograms and policies to preserve forestry and forestry lands: C. Cam P1eiment and foster other Coon ty program % And IM)licies to enhance ecosystem function anci protect areas oi'ecological importance,an_d C. Leverage other public and private lIfunding sources and provide or increase property owner incentives and program effectiveness. Revised and adopted, April 9, 2013 Page 3 61•J III, ELIGIBILITY CRITERIA A. Priority Consideration Areas around the county have been identified to receive priority consideration for PDR Program participation. 1veA�riculiural priority strel�s (Appe radix A] include a combination ttl'the twelve initial PDR Target Areas{shr3►vir+Al�pencl rl�are pr�eity�rE#t,tr;H�kx�:erel %4kon de6i..natert . Of p., �.gon' 'ate . t�F ed, Ten r .r.l_. Road. _ I lenim i Road; i .�crHIFel,-+ni, rrr'li-�r.-H'+E. C. u.. ..! wese t ,.., ., rl, r . .I.. .t w)nhtast-Lynilemitti al Study Areas, Watershed Improvement District areas, in addition to the hinds within the Airiculturc Zone. Preservation of these areas protect designated "ricultural lands and can establish a perimeter of PDR farmlands to protect against development encroachment into large blocks of agricultural lands. TF"HPH1-SIF idy4VKbl`r `ili[VA41 i n A p e-11'1- ""':-re priarit- `44iirAitne1;i that a . 10y.e4 n l +Iffy 7rMe*1 areas-*�Hide1r41fi c li: Gr-amk4ew =o„ a,r�, M i,ele 1_ a.4er� rs5e - er.'�wrenee, and S,nuth.Forlr These lands, due to their soils, land use, and proximity to core agricultural areas, are alse'deemed priority farmlands for program participatiom 1�rmlw RJA due to their vulnerability for program pR t ipat=ion Land rKlr, ent t i 1 Ag inRi I-, (if ou ral ct udy A re it lands `mill also he give -prN 4' thFo ujti sele'Er o". ioeesSconyersion to non-agricultUral USCS. Forc5try priority areas (An qndix I3) 'Include lands lexated Within the Rural Forestry zone and areas designated by the Washington State DeI7'artment oi'NaturaI Remiurces as beinL arioritv for protection from conversion under Washington's Forest Action Plan. Foul upicaI nriorit► areas (Arim ndix C) include lands containinv a manned IIabitat Conservation Area or within 165' of habitat conservation feature. This includes fish bearing streams, areas idendIicd under the Washington State Departntent of Fish and Wild[ife"s_l_'_riorily }lgbitats unt!_Speci_es, and the C hucktulut Wildlife Corridor. Additionally the mapped FFMA Floodplain and flood Hawtrd areas have been included in addition to a 300' buffer of the Historic Meander Zone. B. PDR Program Eligibility Two factors will be important in determining eligibility: Availability of funding to expand the program and Revised and adopted, April 9, 2013 Page 4 57 i-?.Advancement of PDR Program objectives. Priority Farinkind,dands will continue to receive preference over other kifm k—Alfands through weighted selection criteria. All applicants for PDR Program participation must be within an Agriculture, Mural, Rural Residential, or Rural Forestry zoning d-v4�iti+mdesijnations. Properties located in Urban Growth Areas are ineligible to participate in the program, unlcs� coordination with cities is a conwonent of an aimlication. Applications received an 1)arcels smaller than ID acres ma► not rtlain an► development rip -his. Revised and adopted, April 9, 2013 Page 5 IV. SITE SELECTION CRITERIA All valid applications will be reviewed to determine if the acquisition of development rights will promote the PDR program's goals and priorities. Selection criteria have been developed to guide, but not control, the review and assessment of eligible properties during selection. 1n •�etion "-agdl alid and accepted offers on eligible properties of greater points shall be considered for purchase with available funds before properties receiving lower scores. The criteria, which will be used to evaluate the applications, are outlined below. Rating instructions: The selection criteria allow for a score of up to 100, with all five criteria sections assessed Each criteria section is rated and assigned a point value. Then each section I assigned a weight factor. The five weight factors add up to 1.0. When total point values for a section are multiplied by the weight factor, a score will be reached for that section. The total of the S section scores result in the final applicant score. Staff performs the ranking, with review and adjustment by the PDR Oversight Committee. 1. Site Evaluation The points l'nr each criteria are based on a 100 point sea Ie. Higher paints are given to site characteristics that are more desirable, sucK as pareel sire eharacteristie;s that relIect a site's threat of conversion and characteristics that make a site more desirable it) anni n such as available crater rights. A. Total size oCparcel[s] (nominal acres} a. 0 10. 0 points b. 10 - 20 15 points c. 20-49.9..................................................................... 30 points d. 50-79.9..................................................................... 70 points .e_->80.....................—I...............................I............6... 1.00 points T l -11 li 1- 1_' ! - TM -1 0 ! 1 ! E I a.1-2......................................................................... 20 points .3. 40 points _c. 4. 60 points d. 3..................................................1......................... 80 points e.>/=6........................................................................ 100 points A-.('. Adiacent land is conserved b • easenient or other means Whutcom Land �.�nTrus►. MRCS CRGP Program. or owned by a municipal ity NGO) _a. >l mile.................................................................... 0 points b. %s_io 1 mile................................................................25 points c. '/A to '/,.mile.................................................................50 points Revised and adopted, April 9, 2013 Page 6 W, d. < '/4 mile................................................................... 75 points e. Adjacent ................................................................. 4% 100 points ah F larme .. . - d a. 0-25°%..................................................................... 25 points b. 26-50%................................................................... 50 points _.. c. 51-75%...................................................................1 75 points d.>75% ......................................................................100 points L;,—Nmnht�r fkwl. lots of record a. 0-2.................................................................... ��. 3. — i4�_pts c. 4. ......................_6 d. 5.................................• _ 80 ots e. >/= 6....................................................................... I qA—. F. Lcgal water availability documentation a. Certified Water Right/Access to Dublic water ....................... 100 j2ts b. Water Claim or documented water use ............................... 50 nts c. No Water documentation or leeal water access ..................... 0 nts G. Proximity to major toads or road intersections I -or f?III, Tes of this• evaluation, "nraior ►•pads .. mecrns iwads with a daily nig is ralrrn►e of 3, fif10 or mo►v t►&s. A list of rands crerenLlny ree►ing this definition rs itich►did oe rinlmendix U to this +epo►•I.l tt) Property is at an intersection of ma or roads .................. 100 Paints b) Property is within 1,500 feet of the intersection of two major roads.... _ ........................................... 75 Points c PropqrLy fronts n a major road..... ............................. S0 P ints d) Property is within 2.500 feet of a major road..........,....... 25 Points H. Threat of Conversion/Parcelization Total Number of Parcels in surrounding'/4 mile a) Less than 20 parcels ................................................... 50 Points b120 — 50 parcels.......................................................... 100 Points c) 50 —100 parcels......................................................... 50 Points d) more than 100 parcels ..- ........... .............;............-........ 0 Points Once a twho vuhre fey- the s'eelion is delerr►rincd, it is n►nitipfied by a ti+�elghl frxY�►_tra i► dicure the hnportance (N,eighted 1rtcto) - fbr Site Ewtheation section has been 0. 35.,bu.( is Revised and adopted, April 9, 2013 Page 7 C:1i1 2. Land Evaluation Productive farming, forestry and associated activities depend on soil capability (the suitability of soils for most types of field crops} and/or timber production). Therefore, emphasis should be placed on the property's soil characteristics. The scoring system uses the NRCS Prime Farmland classifications, LESA classifications and APO soils classifications, as RsincludinQ classification of soils of statewide importance.. ns well as consideration given to site index score for forest soils. ffiehest points are assigned to better agricultural soils and lower points to poorer sHik,.iagriclaltul'al Soils. forest soils also receive additional. paints. Points are aim assigned based on the productivity and/or characteristics of the soil (profile, texture, slope, other). A soils chart is included as Appendix t=D. 11'a soil has _a_site index ra ing and a prime sail rating. the rating with the highest number orpoints will be applied. Below is a table detailing the soil point system: 100 90 0 0 2 95 85 0 0 3 90 80 0 0 4 85 75 0 0 No Rating 80 70 50 0 1 0 0 0 60 2 0 0 0 50 0 0 0 40 0 0 0 30 0 0 0 20 Farm applications receive points for this section proportional to the percentage of each soil type that exists on the property. An example of how this would work follows: A farm under review is 40 acres, of which 29.79 acres (about 75%) is soil 179-Whatcom Silt Loam 4-9% slopes, which is classified as LESA 4, APO Prime 1; and 10.21 acres (about 25%) is soil 180-Whatcom Silt Loam 9-15% slopes, which is not classified as APO or Prime, but is a soil of Statewide Importance. This farm would score a total of 76.07 points for this Section, as shown: A B C D E F G H I J K Soil # Area (in % (B/Total APO Prime LESA Prime Statewide Site Points score p acres) area) Soil 1- 6`' Rating Rating Soil Index (ldxC) 179 29.79 74 48% Y Y 4 1 0 2 85 63.30 180 10.21 25.53% N N 0 0 yes 2 50 12.76 Total area 40 76.07 Revised and adopted, April 9, 2013 Page B 61 Once a point value for the section is determined, it is multiplied by a weight factor to indicate the importance (weighted factor for Land Evaluation section has been 0.333E but is subject to ongoing review by the Committee). 2. SkeJ. Ecolodcal Evaluation The E.,r o .-L r;r.,rih rtre l7xi L'[1 Fi1�1� ${--}+g�iet►f}'« �[. ,-L,.. eteri .'. ttha it - 'HF1r :iFiil3ll' li-Z-iiS-17H•. ..I .. _ _I......term 40CSthat FegeEt sjee's«hreat ..F sme" ava4a4le water+ots: ��rr.�r. ..wq The Washineton State Denartment of I"color~y Watershed Charaewriration rern)rl has identified recommendations for addressing Kit€er fio►V J2r0cesses Within sub -watersheds. A. Protection (Ove -all importance to Water flow processes} a. Irl-test protection.................................................................. 100 Pts b. Protection............................................................................. 75 nts c. ProtectioWlIestoratinn.............................................................. 50121 +. Conseryation (no change)........................................................... C� EtIr"rri rF i#�x*xJw+e .. , 2 Q pm 69 peg e, 4-6 lk s a: R rzscrc r9; QR i=rPfograif%I 1 mile 25 pts E. ,14. «.. a ..,a 13. Water Plot,► Restoration -- Is properq owner %viII ink to restom ecosystem processes beyond the minimum required practices? a. Yes.................................................................................... 50 pts ,4= 116-, �0. �. Revised and adopted, April 9, 2013 Page 9 C* -a-b. Mavbe/No .......................................................................... 0-259i# M pts Site contains conselvat!on values {vic"-sheds. wet Iands. notable wiIdIife habitat. other .critical areas) a. Yes......................................................................................w 61A. _ 09 50 pts - =c-4! ; 5 A. b. No. .... -Q� _ 4-6 — 14a[3 rt r' Wdtff o i..4. YOH 5tl-Pts Once a point value for the section is determined, it is multiplied by a weight factor to indicate the importance (weighted factor for Sife_L_c-r)lnngieril Evaluation section has been 0..3111, but is subject to ongoing review by the Committee). 34. Special Considerations A. Site contains heritage/historical significance. J.e. Heritage Barn Registry a. 1. Yes 50 pts 2. No. .0 nts B3 Bargain Salc Opportunity helow )Market value 2l. 91%-Full Value................................................................. —h.N;A 0 pts l..l��• (, ie . s eds , @Oa„ds H. yes 2. lNE) 71 %-90% 33 pts 3. 50%-70% 66 pts Revised and adopted, April9, 2013 Page 10 `•r1 < 50% Full Value.............................................................. 100-.nl- C. Removal of all remaining.deveIoImIgnt ruts'? 1. All removed................................................................I.......... 100 uts 2. Development rights remaining ................................................... [) pts 1). Is located within a uriorilN_ area - _t- iIn priority area .................................... ...........,.—.................. 100 pts b. Not in a priority area............................................................. 0 nts Once a point value for the section is determined, it is multiplied by a weight factor to indicate the importance (weighted factor for Special Considerations faints section has been 0.031L) but is subject to ongoing review by the Committee). I•---:tie--lac-IFaw-n�r� 5. Matching Funds Secured 1. 100% secured................................................................. I00 nts 2. 75% secured.................................................................. 75 pts _ 150 v. secured...................................�.....«................'........... 5 pts Ei) }kEE �p(n4 HEefF 7?t�[iiifr A1�Phi; {ffH-�lHif-4- kaF{1fi1t�Y:5tEE11Niiiff4-ikNF -)..�ElI1►�'f$�Ylf�IjErC�FdH lricf'f'FkSE'5-F1-7e-RiilCiLii}i-Fl€}]riser-FeE1�rEtTlaE�t��rrEal�;et c�-E:t�r�1�FE�ly-�tr�rte: --Not in target -are secured.................................................................. 25 pts a. 0% Secured ..................................................-.................- Opts 0.- - 496 104 pis Revised and adopted, April 9, 2013 Page 11 CV I Once a point value for the section is determined, it is multiplied by a weight factor to indicate the importance (weighted factor for Bonus Points section has been 0.22LO, but subject to ongoing review by the Committee). 6. Final Score The points for each section are added up and multiplied by a weight factor, which indicates the importance that is placed on a particular characteristic. The weighted scores are then added to provide an overall score (0-100). The higher the score, the more closely the property meets the goals of the program and hence is a higher priority for purchase and preservation. Properties which score less than 40 (forty) points will not be recommended for program participation. The PDR Qyv L fight Comniittce retains the abilit3L to_add orstibtract ttp it) 5 ILoinis on_any _applieation. A wriLC- up ufconunitLee opinion will be included in all council proceedings Revised and adopted, April 9, 2013 Page 12 V. OVERVIEW OF PDR PROGRAM PROCEDURES A. Outreach and Publicity Step 1: The County shall annually give notice in one newspaper of general circulation in each area where eligible lands are located which may be acquired. The notice shall include the properties eligible to participate, the application process and applicable timeframes and extensions. The Administrator may identify each property with potential development rights within priority consideration areas and provide written notification to the property owners. B. Application and Ranking Step 2: Voluntary pre -application screening. Interested property owners may meet with the County PDR Program Administrator (Administrator) to review their eligibility and special circumstances, if any. Step 3: Application. An owner of land eligible for PDR Program participation submits and application for County acquisition of property or development rights. The application must be submitted on the form provided by the County._ [.ol of Record application must be submitted simultaneously unless determination has already been com 1p eted. Step-4Stvp 4: t.ot of Record/Densil,y Delerminadan. An owner of land eligible l'or PDR PrneraM [participation submits a Lot of Record application and signs a letter of Intent that states that payment fior this service must be made upon closing of the casement or sh_ould_Lheapplicant_ wish to ► IL11draw their application. This application determines legal status of lots being eonsidcred and determines that number of development rights rLmaining on said lots. PDR PtnMnam application mat be submiLwd simultaneously. Step 5: The Administrator reviews each application for completeness, determines if the subject property meets minimum eligibility criteria and assigns a preliminary score based upon the PDR site selection criteria. Step 56: The PDR Oversight Committee reviews PDR Program applications and recommends proposed development rights acquisition utilizing the selection criteria. Recommendations for development right acquisition are prepared and forwarded to County Council to approve, deny, or recommend modification. Step 67: The Administrator estimates the number of appraisals that can be initiated based on available funds and chooses the top ranked parcels from the County Council's list of parcels. The property owner is notified in writing of eligibility status. Revised and adopted, April 9, 2013 Page 13 «01 Step 78: Property owners disputing their ranking may request a reconsideration of their ranking to the PDR Oversight Committee within 14 days after receiving written notice. The Committee shall review the reconsideration request at the next regularly scheduled meeting. Special consideration will be given if applicant modifies the original offer to include a bargain sale. The PDR Oversight Committee may, at its discretion, change the site's rank, recommend the site for subsequent consideration, or deny the request. C. Title Step 89: The Administrator initiates a title search. Closing is conditioned on the resolution of all unapproved title exceptions, within the County's sole discretion, which may require the receipt of subordination agreements or payoff letter. D. Pricing Estimate and Appraisal Step 910: The Administrator or designee initiateb the pricing r str+g-Ae ftimw;a c eye4 Ie s b it ermsukiRg. appraiser abid Pe fl •",�;..- Tx.k*ed—OR a rcp vides preliminary estimate of value, and notifies the property owner of an estimated range of value within which the appraisal will likely fall. The Administrator or designee sends the applicant a letter of intent, including range of expected value. The letter calls for the signature of property owner(s), and spells out conditions under which costs for further due diligence and the appfaisiillot of record must be reimbursed to the county if the property owner chooses to withdraw from the program within a specified period of time. Step 10: The Administrator or designee proceeds to verify assumptions through official county processes, such as a formal Lot of Record and density determination, and conduct other due diligence as necessary (such as water rights research and Title research and clearing). Step 11: Unless Council and the Executive specifically authorize an alternate approach to determine value, the Administrator commissions a full appraisal by a County authorized appraiser to appraise the development rights value of the land proposed for development rights sale. The development rights value is the difference between the market value of full ownership of the land, and the agricultural value. Step 12: The appraiser submits the completed appraisal (or the alternate determination of value is conducted and submitted) to the Administrator and the Oversight Committee for their review. Step 13: The Administrator or designee meets with the property owner to review the appraisal (or alternate determination of value), state the offer, review the conservation easement provisions, agreement terms and conditions, and to answer the property owner's questions. Revised and adopted, April 9, 2013 Page 14 M Step 14: If the property owner believes that the €armlafidland has not been adequately appraised or valued, the owner may, within the time allowed in the schedule, commission an appraisal at the owner's expense. E. Offer to Purchase Easement and Agreement Step 15: A written offer to purchase development rights based on appraised or determined value is made to the property owner following budget authorization by the County Council, and approval by the County Executive. Step 16: Within 30 days, the property owner accepts, rejects or makes a counter offer. Counter offers will be reviewed and evaluated by the Oversight Committee and the County's authorized appraiser. Step 17, Property owners desiring to sell their development rights sign a Purchase and Sale Agreement. F. Adjacent Property Owner Notification Step 18: Neighboring property owners are notified that adjacent land is in the process of being preserved. G. Approval Step 19: Review materials are presented to the County Executive for review and approval, rejection, or recommendation for modification. Step 20: Review materials are sent to other participating entities for partially or wholly funded conservation easements several days prior to any deadline. Settlement Step 21: Settlement will occur following County Executive approval of transaction terms and is contingent upon a title search and any other evidence, such as a land survey, that may be necessary to establish clear title. Step 22, Payment will be in full at time of settlement unless the County and property owner agree to an installment sale. Step 23: Checks are requested from the Finance Manager and settlement is scheduled within a week or two of approval. Federal or state money is dispersed according to federal or state regulation. J. Recording Revised and adopted, April 9, 2013 Page 15 Step 24: The conservation easement will be recorded at the County Auditor's office. The County or its designee will monitor the properties under easement at least annually to ensure compliance with the easement. Revised and adopted, April9, 2013 Page 16 r*U VI. CONSERVATION EASEMENTS A. Description A conservation easement deed is a legally binding document, which is recorded by the County Auditor, forever restricting the property to agricultural and directly associated uses, and for which compensation may be paid. As an easement in gross in perpetuity, restrictions are binding upon the owner and future owners, and run with the land. B. PDR Program Conservation Easements At the time of acquisition of development rights from a participating property, a conservation easement is placed on the property permanently restricting development of the site and protecting/preserving the agricultural, Forestry, and ecological values associated with the site. The conservation easement must be signed by both the property owner(s) and the County Executive or his/her designee and recorded with the property records for the property. A model conservation easement deed is included in these guidelines as attachment D. Conservation Easement Requirements Conservation easements shall be on a form approved by the Whatcom County Prosecuting Attorney and shall meet the following basic requirements: a. The deed shall be in recordable form and contain an accurate legal description setting forth the metes and bounds of the fa4�mhund area subject to the easement; b. Restriction is granted in favor of Whatcom County, or if designated by the organizations as defined in RCW64.04.130; C. Restriction is granted in perpetuity, and shall bind existing and future property owners; and d. Unless specifically provided for, nothing in the restrictions shall be construed to convey to the public a right of access or use of the property, and the owner of the property, his/her heirs, successors and assigns shall retain exclusive right to such access or use subject to the terms of the easement. Filing After the conservation easement is signed and notarized, it must be recorded with the Whatcom County Auditor's Office. C. Conservation Easement Conveyance Conservation easements may be either donated or sold, or a combination of both. Revised and adopted, April 9, 2013 Page 17 all 1. Conservation Easement Donation a. A donation of a total parcel will not be subject to eligibility except as below in section c. Partial parcel donation shall be considered under the same rule as for development rights sales. Notwithstanding the eligibility of the property, acceptance of a fee interest or partial donation is within the discretion of the County Council. b. Whatcom County will accept voluntary donations or bequests of development rights as perpetual easements in gross if meeting eligibility criteria (except priority area criteria) and within the discretion of the County Council. C. All properties offered for development rights donation must meet the following minimum eligibility criteria: 1. The PDR Oversight Committee will consider each offer on a case by -case basis, considering the property's consistency with current and future land uses, and 2. The €afxn-property must be at least 4 acres acre in size, and 3. Be in agricultural or forestil use or contain ecoiggical values and has not been irrevocably devoted to a use inconsistent with e-otnmere.al a},�ietilt-trr�frlthe above values. 54. Cannot be located within an Urban Growth Area. unless coordination with the proximal small city is a component of the donation. 2. Conservation Easement Sale a. Whatcom County will purchase perpetual conservation easements on qualified properties in accordance with the policies and procedures of the Whatcom County Agricultural: Forestry. and Ecological Purchase of Development Rights Program, with Federal, State, County, and/or private funds and any combination thereof. b. All properties offered for conservation easement sale must meet minimum eligibility criteria as contained in Section III. Revised and adopted, April 9. 2013 Page 18 71 VIL -OPERATIONAL PROCEDURES FOR ACQUIRING PDR EASEMENTS A. Outreach and Publicity Annually, notice shall be published in one newspaper of general circulation. Application opening and closing dates, if any, will be determined by the PDR Oversight Committee. The Committee shall have the discretion to consider applications in rounds, or individually on a rolling basis. If selection deadlines are extended, the committee will provide public notice of the extension. B. Application and Ranking 1. Property owner(s) voluntarily submits an application(s) to the County. The application must be submitted to the County on the form provided by the PDR Program, and according to the relevant public notice. Applicants are to include at a minimum: a. Name(s) and address(es) of the property owner(s) of the site; b. Legal description and parcel number(s); C. Copy of the property deed and title; d. Total acreage of farmland to be included in the PDR Program; C. Current land use and APO soils; f. Number of dwelling units; g. Description of the farming operation; h. Other information necessary to evaluate property eligibility; and i. Lot of Record/Density Determination application and payment, or Lot of Record/Density Determination application and signed Letter of Intent agreeing to terms of payment at the time of easement closing or upon withdrawal from program, or completed Lot of Record/Density Determination; and j. Acknowledgement of intent to grant to Whatcom County a conservation easement in a form provided by the County. 1 The Administrator shall review each application to determine completeness and eligibility. 3. Applications meeting all minimum eligibility criteria shall be evaluated and scored by the administrator and Oversight Committee according to the site selection criteria. (See Section IV) 4, The PDR Oversight Committee shall provide the County Council with information and scoring of properties recommended for conservation easement acquisition by the committee. County Council shall approve or deny pursuit of conservation easement acquisitions on the parcels. Revised and adopted, April 9, 2013 Page 19 72 5. The Administrator shall then arrange appraisals (or alternate determination of value) of eligible applicant properties as determined by the County Council. 6. The PDR Oversight Committee and Administrator shall provide ae aiii tia upd-a Wdates to the County Council discussing recommended purchases, possible program changes, and anticipated budget needs. C. Appraisal Appraisals for eligible properties shall be conducted to determine the value of development rights of parcels in the order of acquisition priority until acquisition funds are expended. a. The appraisals are to be made by an independent appraiser qualified to appraise agricultural, loresuy, ancUor ecological land for development rights purchases. An appraiser is deemed qualified if he or she possesses a State of Washington certification as a State Certified General Real appraiser, MAI designation by the Appraisal Institute (or equivalent), and at least five years agricultural lands appraisal experience. Appraisers shall supply a narrative or UAAR form report, which contains information as required by the Uniform Standards of Professional Appraisal Practice (USPAP). Uniform Appriasal Standards of Federal Lane] Acquisition (L1A5FLA) and as specified in any contract with the County. b. An appraisal report is an objective report of market facts. The appraisal report must estimate both the unrestricted fee market value of the land only, excluding the value of buildings, and the agricultural value of the land only, of which the difference is the development rights value. c. Both values shall be based primarily on an analysis of comparable sales. If comparable sales data is not available for agricultural lands, the appraiser may use local farmland rental values or capitalized production values to determine the agricultural values of the land. d. A description of the buildings or other improvements shall appear in the appraisal report; however, the buildings will not be valued and therefore will not be considered in determining the development rights value. e. The appraiser shall report whether the subject property has any land use restrictions, public or private and/or physical attributes, which limit the developmental capability of the land. f. The appraiser shall be advised that conservation easements are perpetual. The perpetual nature of the easement shall take precedent over any agricultural zoning status. Revised and adopted, April 9, 2013 Page 20 a9? g. The appraisal shall be in writing and may be discussed with the owners prior to the submission of written offers. If the property owner believes the property has not been adequately appraised, the owner may, within the time allotted, request that a review appraisal be made at the owner's expense. This appraisal must be completed in accordance with the guidelines set forth herein. If the review (owner's) appraisal is not completed within the allotted time, the application will be delayed for future committee consideration. If a review appraisal is completed, the appraisals will be reviewed by the County's Appraiser. The County's Appraiser in consultation with the Program Administrator and the PDR Oversight Committee will accept, modify or reject the review appraisal. The determination of the County's Appraiser is final. i. The maximum value of development rights purchased by the County shall be no more than the easement value contained in an appraisal report. The easement value is the difference between the farmland's value before and after the voluntary conservation easement. 2. Council and the Executive may specifically authorize an alternate approach to determine value in accordance with state and local laws, in which case the conditions of that approach would substitute for the appraisal guidelines as set forth in C.1., above. D. Title and Survey Issues 1. The Administrator shall request a title report confirming that applicant is the owner of the property and has unrestricted legal right to transfer the development rights (i.e. there must be clear title to transfer the property). The title report will be provided to the County Attorney for review. 2. All encumbrances (including but not limited to: liens, mortgages and judgments) against the property must be subordinated, satisfied or removed prior to development rights acquisition. Mortgage and/or lien holder subordination and releases may be required acknowledging that a conservation easement will be placed on the property and subordinating their interest in the property to the deed restriction. At settlement for a County or joint development rights purchase, the PDR Oversight Committee or applicant shall provide a title insurance policy issued by a title insurance company authorized to conduct business in Washington State by the Washington State Office of Insurance Commissioner. The cost of such title insurance shall be a shared cost, with the county's portion considered a cost incident to the development rights purchase and a reimbursable expense from the County's Conservation Futures Fund. 4. It is the property owner's responsibility to survey (or provide a legal description that meets specific standards) any exceptions from the easement and any Revised and adopted, April 9, 2013 Page 21 74 graveyards or cellular towers that may be located on the property. It is the property owner's responsibility to provide a legal description for any commercial operation on the farm that is not incidental to the overall farming operation, in order to exclude it from the easement. Surveys shall be conducted by a licensed surveyor in accordance with state and federal regulations. E. Development Rights Value and Purchase Price 1. The maximum value of development rights purchased by the County shall be no more than the easement value contained in an appraisal report. The easement value is the difference between the €arxfland'sland's value before and after the voluntary conservation easement. 2. Development rights may only be purchased in perpetuity, F. Recommendation of Development Rights Purchases by the PDR Oversight Committee 1. The PDR Oversight Committee, in making recommendations concerning applications and purchase offers, shall consider the following: a. Evaluation according to the site selection criteria.- b. Consistency with County Comprehensive P :,d !Weal-a:d-Agffetdn1fe Haaiftg i s) C. Cost relative to total allocations and appropriations: d. Proximity to other land subject to protection easements: 2. Upon receiving the recommendations of the PDR Oversight Committee and the Administrator, the County Executive shall review the recommendations and shall take final action to authorize or deny proposed purchase terms and offers, consistent with authorization by the County Council. If a f rP opelty is approved for development rights purchase, the Administrator wil l meet with the property owner and review the terms, conditions and amount of the County's offer. A written offer will be provided to the property owner. Written notice shall also be provided to bland not approved for development rights purchase-4u4�e eurivn �=�n%M. Revised and adopted, April 9, 2013 Page 22 75 4. Within 30 days of receipt of a written offer from the County an applicant must indicate in writing which of the following actions they intend to pursue: a. Accept the offer. b. Reject the offer. 1. Reject offer outright a. no further action b. participate in future review 2. Submit a counter offer within 90 days of written notice of offer by the County. C. Failure to notify the County within 30 days shall constitute rejection of the offer. 5. If the offer is accepted, the Administrator shall prepare a Purchase and Sale agreement. USDA or State Funds must be paid as lump sum. The method of payment shall be specified from the options listed below: a. Lump Sum b. Installment Purchase Agreement (IPA) C. Like -Kind Exchange d. Or a combination of the above 6. For development rights purchase utilizing the Installment Purchase Agreement (IPA) program, the County Council at settlement shall provide an opinion of legal counsel that the County's obligations to make installment payments of principal and tax-exempt interest over time are legal, valid, and binding. And that such payments are a general obligation of the County for which its full faith, credit, and taxing power are pledged. Interest paid by the County is exempt from federal income taxes. 7. All Agreements of Sale and Conservation Easements require the County Council's approval. G. Grant of the Agricultural Forestry, azid/or Lcological Protection Conservation Easement Before the purchase of development rights can be finalized, a conservation easement in a form approved by the County Attorney and consistent with the policies of the PDR Program Guidelines, must be placed on the property permanently restricting development of the site and preserving its agricultural, forestry and/or ecological values. Revised and adopted, April 9, 2013 Page 23 Me The principal interest of the County is to ensure that-agAeuk-ut4 lands are preserved and subsequently stewarded in a manner that maintains and enhances their farmland, lbresdand. and/or eailogicm! values. There may be some instances where there is a public interest in another public entity or non-profit organization to hold the conservation easement, for continued stewardship and protection of the land. The County will consider: The preferences of the donor or seller; 2. Administrative, monitoring, and enforcement issues associated with the conservation easement and the resources available to address these issues; 3. Requirement of Federal, State or County funding sources utilized to purchase development rights. H. Development Rights Purchase Recommendations/Submission Requirements County Council: Each recommendation for development rights purchases with County funds, State funds, Federal funds, private donor funds or a combination of funds shall be presented to the County Council at a regularly scheduled public meeting. 2. Letters of Notification: Letters of notification for development rights purchases will be sent to adjoining property owners by the Administrator. Revised and adopted, April 9, 2013 Page 24 77 VIII.- CONSERVATION FUTURES FUND A. Intent This fund was established in 1992 to be used solely to acquire right and interests in open space land, farm and agricultural land, and timber land, so as to protect, preserve, maintain, improve, restore, limit the future use of, or otherwise conserve the property for public use and enjoyment. B. Fund Sources This Conservation Futures Fund is funded by a real property tax applied to all real property within Whatcom County at a rate determined by the county administration and county council. C. Fund Source Accounts Council shall annually consider an allocation of Conservation Futures Fund to be placed in a Purchase of Development Rights Account. D. Installment Payment Fund 1. The intent of installment payment funds, which are established by the County, is to encumber and invest committed funds for which recipient property owners have elected annual installment payments for a period, which may vary according to the wishes of the property owner. 2. The full consideration of any transaction for which installment payments of five years or less have been elected shall be placed in the fund, less the amount of any first installment to be paid at settlement. This amount shall be invested and annual installment payments shall include the interest accrued. 3. Annual installment payments shall be made on or before January 20`h of each year. 4. A property owner may enter into an Installment Purchase Agreement for fifteen (15) to thirty (30) years at an interest rate to be negotiated between the property owner and the County. The property owner will receive semi-annual interest payments that are tax exempt. Principal will be paid in one lump sum at the end of term. The property owner will also receive a security representing the Installment Purchase Agreement. The property owner may sell or assign this Agreement. Revised and adopted, April 9, 2013 Page 25 W] E. Public Expenditures L All public expenditures from the Conservation Futures Fund are subject to approval by Whatcom County Council and will be made in accordance with approved disbursement procedures. 2. Expenditures from the PDR Program Account shall be limited to interests in qualified agricultural, forestry. andior ecological land participating in Whatcom County's Agricultural, Forestry, and Ecological Purchase of Development Rights Program, and other expenses necessary to the acquisition of--agriruk-l+r-al conservation easements authorized under RCW 84.34.200-.240. The annual appropriation to the PDR Program by the County Council shall be available for the calendar year in which the appropriation was made and or the subsequent calendar year. Revised and adopted, April 9, 2013 Page 26 W� APPENDIX A I Purehase of Development Agricultural Target Areas F e-4 Revised and adopted, April 9, 2013 Page 27 APPENDIX B Rm-Ed Stud Forestry Priority Areas II f � we• I PMm ltcorlF —�- I�,1 m—� r 4 -T 4 ya.r 1 ry.uo Fwk Whatcom County��:�- -Rural Study Areas and Agricultural Zone ®Mea Gf 4_10 0 5i515 l 16 6 Revised and adopted, April 9, 2013 Page 28 APPENDIX C Ecological Priority Areas Revised and adopted, XX, 2018 Page 1 [.* APPENDIX D Major Roads Revised and adopted, XX, 2018 Page 2 APPENDIX E Soils List Soil # Soil Name APO y/n LESA Group PRIME STATEWIDE IMPORTANCE Site Index ANDIC CRYOCHREPTS - 60 TO 90% SLOPES N 0 0 2 ANDIC CEYOCHREPTS-ROCK OUTCROP COMPLEX - 60 TO 90% SLOPES N 0 0 3 ANDIC XEROCHREPTS - 60 TO 90% SLOPES N 0 0 3 4 ANDIC XEROCHREPTS-ROCK OUTCROP COMPLEX - 60 TO 90% SLOPES N 0 0 3 5 ANDIC XEROCHREPTS-COOL ROCK OUTCROP COMPLEX-60 TO 90% SLOPES N 0 0 4 6 BARNESTON GRAVELLY LOAM - 0 TO 8% SLOPES N 0 0 2 7 BARNESTON VERY GRAVELLY LOAM - 8 TO 15% SLOPES N 0 0 2 8 BARNESTON VERY GRAVELLY LOAM - 15 TO 30% SLOPES N 0 0 2 9 BARNESTON VERY GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 2 10 BARNHARDT GRAVELLY LOAM - 0 TO 5% SLOPES N 4 4 3 11 BELLINGHAM SILTY CLAY LOAM - 0 TO 2% SLOPES N 0 2 p� 12 I BIRCHBAY SILT LOAM - 0 TO 3% SLOPES y 1 1 3 13 I BIRCHBAY SILT LOAM - 3 TO 8% SLOPES y 1 1 3 14 BIRCHBAY SILT LOAM - 8 TO 15% SLOPES N 0 0 yes 3 15 BLAINEGATE SILTY CLAY - 0 TO 1%SLOPES N 0 0 16 BLAINEGATE-URBAN LAND COMPLEX - 0 TO 1% SLOPES N 0 0 17 BLETHEN GRAVELLY LOAM - 5 TO 15% SLOPES N 0 0 yes 3 18 BLETHEN GRAVELLY LOAM - 15 TO 30% SLOPES N 0 0 yes 3 19 BLETHEN GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 3 20 j BLETHEN VERY 13OULDERY LOAM -5TO 40%SLOPES N 0 0 3 21 BOROSAPRISTS - 0 TO 2% SLOPES N 0 0 22 BRISCOT SILT LOAM DRAINED - 0 TO 2% SLOPES y 3 5 23 BRISCOT ORIDIA AND SUMAS SOILS - 0 TO 2% SLOPES N 0 5 24 CHUCKANUT LOAM - 3 TO 8% SLOPES N 0 1 25 CHUCKANUT LOAM -BEDROCK SUBSTRATUM - 5 TO 15% SLOPES N 0 0 yes 2 26 CHUCKANUT LOAM -BEDROCK SUBSTRATUM - 15 TO 30% SLOPES N 0 0 yes 2 27 CHUCKANUT LOAM -BEDROCK SUBSTRATUM - 30 TO 60% SLOPES N 0 0 2 28 CHUCKANUT-SHALCAR COMPLEX - 0 TO 15% SLOPES N 0 0 yes 2 29 CHUCKANUT-URBAN LAND COMPLEX - 5 TO 20% SLOPES N 0 0 2 30 CLENDENEN GRAVELLY SILT LOAM - 5 TO 30% SLOPES N 0 0 31 CLIPPER SILT LOAM -DRAINED - 0 TO 2% SLOPES Y 2 2 32 COMAR SILT LOAM - 5 TO 15% SLOPES N 0 0 yes 2 33 COMAR SILT LOAM - 15 TO 30% SLOPES N 0 0 yes 2 34 COMAR SILT LOAM - 30 TO 60% SLOPES N 0 0 2 35 CRINKER VERY CHANNERY SILT LOAM - 30 TO 60% SLOPES N 0 0 36 F CUPPLES GRAVELLY LOAM - 5 TO 30% SLOPES N 0 0 2 37 f CUPPLES GRAVELLY LOAM-30 TO 60% SLOPES N 0 0 2 38 DEKAPEN LOAM - 8 TO 25% SLOPES N 0 0 3 39 DEMING GRAVELLY SILT LOAM - 5 TO 30% SLOPES N 0 0 40 DEMING GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 41 DIOBSUD GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 42 EDFRO VERY GRAVELLY SILT LOAM - 8 TO 30% SLOPES N 0 0 43 EDFRO VERY GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 Revised and adopted, XX, 2018 Page 3 E.0u 44 I EDFRO VERY STONY SILT LOAM - 10 TO W%SLOPES N 0 0 45 I EDMONDS-WOODLYN LOAMS - DRAINED - 0 TO 2% SLOPES Y 3 3 46 ELIZA SILT LOAM -DRAINED - 0 TO 1% SLOPES N 0 0 47 ELIZA-TACOMA SILT LOAMS - 0 TO 1% SLOPES N 0 0 48 EVERETT GRAVELLY SANDY LOAM -HARD SUBSTRATUM - 2 TO 8% SLOPES N 0 0 3 49 EVERETT VERY GRAVELLY SANDY LOAM -8TO 15%SLOPES N 0 0 3 50 EVERETT VERY GRAVELLY SANDY LOAM - 15 TO 35%SLOPES N 0 0 3 51 EVERETT COMPLEX -2TO 8% SLOPES N 0 0 3 52 I EVERETT-URBAN LAND COMPLEX - 5 TO 20% SLOPES N 0 0 3 53 EVERSON SILT LOAM -DRAINED - 0 TO 2% SLOPES N 2 2 54 I FISHTRAP MUCK -DRAINED -0TO 2% SLOPES Y 3 2 55 I GALLUP SILT LOAM - 30 TO 60% SLOPES N 0 0 56 I GALLUP SILT LOAM - 60 TO 80% N 0 0 57 I GALLUP SILT LOAM -COLD - 30 TO 60% SLOPES N 0 0 58 ! GALLUP SILT LOAM -COLD - 60 TO 80% SLOPES N 0 0 59 I GETCHELL LOAM - 3 TO 30% SLOPES N 0 0 60 GETCHELL LOAM - 30 TO 60% SLOPES N 0 0 61 HALE SILT LOAM -0TO 2% SLOPES N 1 0 2 4 62 I HALE SILT LOAM -DRAINED - 0 TO 2% SLOPES Y 2 1 2 4 63 I HALLENTON SILT LOAM -DRAINED - 0 TO 1% SLOPES N 0 2 64 I HANNEGAN VERY GRAVELLY LOAM - 15 TO 40% SLOPES N 0 0 65 HARTNIT SILT LOAM -COLD - 5 TO 30% SLOPES N 0 0 66 I HARTNIT SILT LOAM -COLD - 30 TO 60% SLOPES N 0 0 67 I HARTNIT-GALLUP-ROCK OUTCROP COMPLEX - 50 TO 80% SLOPES N 0 0 68 I HEISLER VERY GRAVELLY SILT LOAM - 8 TO 30% N 0 .0 2 69 I HEISLER VERY GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 1 0 2 70 I HINKER VERY CHANNERY SILT LOAM - 5 TO 30% SLOPES N 0 0 71 I HINKER VERY CHANNERY SILT LOAM - 30 TO 60% SLOPES N 0 0 72 I HISTOSOLS-PONDED-0TO 1% SLOPES N 0 0 73 HOVDE SILT LOAM -0TO 2% SLOPES N 0 0 74 I HOZOMEEN GRAVELLY LOAM - 20 TO 45 % SLOPES N 0 0 75 I HYDRA UENTS-TITAL - 0 TO I% SLOPES N 0 0 76 I JACKMAN GRAVELLY SJLTLOAM - 30 TO 60% SLOPES N 0 0 77 I JORGENSEN GRAVELLY SILT LOAM - 3 TO 15% SLOPES N 0 0 78 I JUG VERY GRAVELLY LOAM - 3 TO 15%SLOPES N 0 0 2 79 I KICKERVILLE SILT LOAM - 0 TO 3% SLOPES Y 1 1 2 80 I KICKERVILLE SILT LOAM -3 TO 8% SLOPES Y 1 1 1 2 81 KICKERVILLE SILT LOAM - 8 TO 15% SLOPES N 0 0 yes 2 82 KICKERVILLE-URBAN LAND COMPLEX - 0 TO 3% SLOPES N 0 0 2 83 KINDY GRAVELLY SILT LOAM - 8 TO 30% SLOPES N 0 0 4 84 KINDY GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 4 85 I KINDY-OSO COMPLEX -5TO 40%SLOPES N 0 0 86 I KLAWATTI VERY GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 87 I KLAWATTI V. GRAVELLY SANDY LOAM-SERPENTINE-10 TO 30% SLOPES N 0 0 88 I KLAWATTIV GRAVELLY SANDY LOAM-SERPENTINE-10TO30%SLOPES N 0 0 89 I KLAWATTI-ROCK OUTCROP COMPLEX - 60 TO 80% SLOPES N 0 0 90 KLINE GRAVELLY SANDY LOAM - 2 TO 8% SLOPES N 0 0 3 91 I KULSHAN LOAM - 5 TO 30% SLOPES N 0 0 92 I KILSHAN LOAM - 30 TO 60% SLOPES N 0 0 93 LABOUNTY S1L:T LOAM - 0 TO 2% SLOPES N 4 2 Revised and adopted, XX, 2018 Page 4 AM 41 I LA BOUNTY SILT LA" -DRAINED -*TO I% SLOPES N 0 2 95 I LARUSH SILT LOAM -OTO 3%SLOPES Y 3 3 2 96 I LAXTON LOAM - 0 TO 30% SLOPES Y I l 2 97 LAXTON LOAM - 3 TO 8% SLOPES Y l l 2 98 LAXTON LOAM - 8 TO 15% SLOPES N 0 0 yes 2 99 I LYNDEN SANDY LOAM Y 1 4 3 100 I LYNDEN SANDY LOAM - 3 TO 7%SLOPES Y 1 4 3 101 I LYNDEN-URBAN LAND COMPLEX - 0 TO 5% SLOPES N 0 0 3 102 I LYNNWOODSANDY LOAM - 0TO5%SLOPES N 0 0 3 103 LYNNWOOD SANDY LOAM - 5 TO 20% SLOPES N 0 0 yes 3 104 I MONTBORNE GRAVELLY LOAM - 5 TO 30% SLOPES N 0 0 3 105 MONTBORNE GRAVELLY LOAM-30 TO 60% SLOPES N 0 0 3 106 I MONTBORNE-RINKER COMPLEX - 30 TO 60% SLOPES N 0 0 3 107 I MT. VERNON FINE SANDY LOAM -OTO 2% SLOPES Y 2 3 2 108 NATI LOAM - 5 TO 15% SLOPES N 0 0 yes 2 109 NATO LOAM = 15 TO 30% SLOPES N 0 0 yes 2 I10 I NATI LOAM-30 TO 60% SLOPES N 0 0 3 III I NEPTUNE VERY GRAVELLY SANDY LOAM- 0 TO 3% SLOPES N 0 0 3 112 I OAKES VERY GRAVELLY LOAM - 8 TO 30% SLOPES N 0 0 2 113 I OAKES VERY GRAVELLY LOAM -3OTO60%SLOPES N 0 0 2 114 I OAKES VERY GRAVELLY LOAM -60 TO 80%SLOPES N 0 0 4 115 I ORIDIA SILT LOAM -DRAINED - 0 TO 2% SLOPES Y 3 5 116 I PANGBORN MUCK -DRAINED - 0 TO 2% SLOPES Y 3 2 117 I PICKETT-ROCK OUTCROP COMPLEX - 5 TO 30% SLOPES N 0 0 4 118 I PICKETT-ROCK OUTCROP COMPLEX - 30 TO 60% SLOPES N 0 1 0 4 119 I PILCHUCKLOAMY FINE SAND -OTO3%SLOPES N 0 0 3 120 I PITS N 0 0 121 I POTCHUB LOAM - 8 TO 30% SLOPES N 0 0 122 I POTCHUB LOAM - 30 TO 60% SLOPES N 0 0 123 I PUGET SILT LOAM -DRAINED - 0 TO 2% SLOPES Y 3 5 124 PUYALLUP FINE SANDY LOAM -OTO 2% SLOPES Y 2 3 2 125 REVEL LOAM -5TO30%SLOPES N 0 0 4 126 I REVEL LOAM - 30 TO 60% SLOPES N 0 0 4 127 I REVEL -WELCOME -ROCK OUTCROP COMPLEX - 30 TO 60% SLOPES N 0 0 4 128 I RLNKER VERY CFIANNERY SL,T LOAM - 8 TO 30% SLOPES N 0 0 3 129 I RINKER VERY CHANNERY SILT LOAM-30 TO 60%SLOPES N 0 0 3 130 I RIVERWASH N 0 0 131 I ROCK OUTCROP N 0 0 132 ROCK OUTCROP-KULSHAN COMPLEX - 60 TO 90% SLOPES N 0 0 133 I RUBBLE LAND N 0 0 134 f SAAR GRAVELLY SILT LOAM - 5 TO 30% SLOPES N 0 0 135 I' SAAR GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 136 SAAR-HARTNJT COMPLEX - 5 TO 40% SLOPES N 0 0 137 I SANDUN VERY GRAVELLY SANDY LOAM-5 TO 30% SLOPES N 0 0 138 I SANDUN VERY GRAVELLY SANDY LOAM - 30 TO 60% SLOPES N 0 0 139 I SEHOME LOAM - 2 TO 8% SLOPES Y 0 l 2 140 SEHOME LOAM - 8 TO 15% SLOPES N 0 0 yes 2 141 SEHOME GRAVELLY LOAM - 15 TO 30% SLOPES N 0 0 yes 2 142 I SEHOME GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 2 143 I SHALCAR MUCK -DRAINED - 0 TO 2% SLOPES Y 3 2 Revised and adopted, XX, 2018 Page 5 Ee1•J 144 I SfIALCARAN1)FiswrRAPSOILS -0TO2%SLOM N 0 2 145 I SHUKSAN GRAVELLY SILT LOAM - 5 TO 30% SLOPES N 0 0 146 i SHUKSAN GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 147 I SHUKSAN-KULSHAN-ROCK OUTCROP COMPLEX - 50 TO 80% SLOPES N 0 0 148 I SKIPOPA SILT LOAM - 0 TO 8% SLOPES Y 0 1 3 149 I SKIPOPA-BLAINEGATE COMPLEX - 0 TO 8% SLOPES N 0 0 3 150 I SKYKOMISHVERY GRAVELLY LOAM -3TO30%SLOPES N 0 0 3 151 SNOHOMISH SILT LOAM -DRAINED -0TO 2% SLOPES Y 3 5 152 I SNO UALMIEGRAVELLYLOAMYSAND-0TO3%SLOPES N 0 0 3 153 SORENSEN VERY GRAVELLY SILT LOAM - 8 TO 30% SLOPES N 0 0 2 154 I SORENSEN VERY GRAVELLY SILT LOAM - 30 TO 60% SLOPES N 0 0 2 155 I SPRINGSTEEN VERY GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 156 S UALICUM GRAVELLY LOAM - 5 TO 15% SLOPES N 0 0 yes 2 157 S UALICUM GRAVELLY LOAM - 15 TO 30% SLOPES N 0 0 yes 2 158 I S UALICUM GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 2 159 I S UALICUM-URBAN LAND COMPLEX - 5 ATO 20%SLOPES N 0 0 2 160 I SQUIRES VERY CHANNERY LOAM - 5 TO 30% SLOPES N 0 0 2 161 I SQUIRES VERY CHANNERY LOAM - 30 TO 60% SLOPES N 0 0 2 162 SUMAS SILT LOAM -DRAINED - 0 TO 2% SLOPES Y 3 5 163 I TACOMA SILT LOAM - 0 TO 1% SLOPES N 0 0 164 I -TACOMASILT LOAM -DRAINED -0TOI%SLOPES N 0 0 165 I TROMP LOAM - 0 TO 2% SLOPES Y 1 1 3 166 I TWINS[ VERY GRAVELLY LOAM -30TO60%SLOPES N 0 0 167 TWINSi VERY STONY LOAM - 30 TO 60% SLOPES N 0 0 168 I TYPIC CRYORTHODS - 60 TO 90% SLOPES N 0 0 169 I TYPIC CRYORTHODS-ROCK OUTCROP COMPLEX - 60 TO 90% SLOPES N 0 0 170 I TYPIC PSAMMA UENTS-TIDAL-0TO I%SLOPES N 0 0 171 URBAN LAND N 0 0 172 URBAN LAN D-W HATCOM-LABOUNTY COMPLEX - 0 TO 8% SLOPES N 0 0 2 173 I VANZANDT VERY GRAVELLY LOAM - 5 TO 15% SLOPES N 0 0 2 174 VANZANDT VERY GRAVELLY LOAM -15TO30%SLOPES N 0 0 2 y� 175 1 VANZANDT VERY GRAVELLY LOAM - 30 TO 60% SLOPES N 0 0 2 176 I WELCOME LOAM - 5 TO 30% SLOPES N 0 0 3 177 I WELCOME LOAM - 30 TO 60% SLOPES N 0 0 3 178 I WHATCOM SILT LOAM - 0 TO 3% SLOPES Y 2 1 2 179 I WHATCOM SILT LOAM - 3 TO 8% SLOPES Y 4 1 2 ISO WHATCOM SILT LOAM - 8 TO 15% SLOPES N 0 0 yes 2 181 I WHATCOM SILTLOAM -30TO60%SLOPES N 0 0 2 182 I WHATCOM-LABOUNTY SILT LOAMS - 0 TO 8% SLOPES N 4 2 2 183 I WHATCOM-LA BOUNTY SILT LOAMS - 0 TO 15% SLOPES N 0 0 2 184 WHITEHORN WILT LOAM - 0 TO 2% SLOPES Y 3 2 185 I WICKERSHAM CHANNERY SILT LOAM - 0 TO 8% SLOPES N 4 4 2 186 I WINSTON SILT LOAM - 0 TO 3% SLOPES Y 0 1 2 187 WINSTON LOAM - 3 TO 15% SLOPES N 0 0 yes 2 188 WINSTON LOAM - 15 TO 40% SLOPES N 0 0 yes 2 189 I W ISEMAN VERY CHANNERY SAND LOAM - 0 TO 8% SLOPES N 0 0 3 190 I WOLLARD GRAVELLY SILT LOAM - 30 TO 60% SLOPES: N 0 0 191 I YELM LOAM - 3 TO 8% SLOPES Y 1 1 2 192 YELM-URBAN LAND COMPLEX - 0 TO 3% SLOPES N 0 0 2 Revised and adopted, XX, 2018 Page 6 �.M APPENDIX PF Model Conservation Easement Deed A sample Conservation basement heed based on the assumption of matching funds from the USDA-NRCS Fgws °p.tee&*tAgricultural Conservation pasentent Program, is included in the following pages. Revised and adopted, XX, 2018 Page 7 PURCHASE OF DEVELOPMENT RIGHTS PROGRAM Revised and adopted, XX, 2018 Page 8 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2018-274 CLEARANCES Initial Date Date Received in Council Office Agenda Date Ass i ned to: Originator: GSS 9118118 SEP 18 2018 9125118 Natural Resources Division Head: GSS 9118118 Dept. Head: Prosecutor: WHATCOM COUNTYCOUNCIL. Purchasing/Budge!: Executive: / -7/ i T: TITLE OF DO"rssion Planning Unit is with Council regarding water resources management and funding. ATTACHMENTS: August 23, 2017 Planning Unit memo to council SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( x ) NO Requested Dale: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If tit is 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.) Planning Unit discussion with Council regarding water resources management and funding. TEEACTION. 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. 011 Memorandum To: County Council and Whatcom County Executive Cc: Jon Hutchings From: WRIA 1 Planning Unit Date: August 23, 2017 Re: Recommendations to the County to Improve Water Resources Management. We suggest that you consider and adopt the following recommendations to improve water resources management by Whatcom County, as the Lead Agency in WRIA 1, The Planning Unit would like to review these recommendations with the County Council at the next Surface Water Work Session. Goal: Whatcom County will define, own, and invest money and resources as needed in a process that will lead to binding agreements in water resource management that will address local, state, and tribal concerns A successful program must include: • Accountability that withstands staff turnover; ■ A clearly defined current work program; • One- and two-year goals with staff assignments as well as long term goals; • Coordination of work between various entities; ■ Direct linkage with goals of the 2005 WRIA 1 Watershed Management Plan —Phase 1. Recommendations to Accomplish the Goal: Implement the Instream Flow Selection and Adoption Plan (IFAP) as outlined in the 2005 WRIA 1 Watershed Management Plan —Phase 1. Update the IFAP as required to meet current conditions. The WRIA 1 Watershed Management Project is currently best positioned to provide the community engagement and involvement required for this process. The update could include instream flows, water quantity, water quality, habitat, accountability. 2. Publicly develop a water resources program similar to the 2001 Whatcom County Comprehensive Water Resource Plan, which was essentially a budget document for County water resource programs. This would provide transparency and accountability for actions, better assurance of coordination, and explain the value of current and future funding. By developing the above program, the County can better track its progress in implementing the 2005 WRIA 1 Watershed Management Plan — Phase 1. Further, it would enhance public involvement by defining how current and planned programs are coordinated to best effect. The current water resources level of service and funding discussion is an example of how this would be helpful. Page 1 of 2 91 3. Establish consistent data collection and timely monitoring. Implement the Long Term Monitoring Program specified in the 2005 WRIA 1 Watershed Management Plan —Phase 1, and update as needed. Given the current water management environment, we cannot over -emphasize the need for investigative work that incorporates monitoring of aquifers with nearby streams to obtain the empirical data critical for assessing hydraulic continuity. Such work could be done as a pilot project at a few locations. This would address the Hirst decision as well as providing data to evaluate the potential benefits of measures such as moving wells farther from streams, stream augmentation, storage, ditch water level management, and other remedial and enhancement strategies. Page 2 of 2 92 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018-066 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: AL 09125118 09125118 Finance Originator: ra \f j Committee Division Head. Dept. Head: Prosecutor: ry p p �g gq p / p @,,,,4 II L# V. `�<... �L^,x,p U NT.acA Purchasing/Budget: Aym Executive: <ZA �eJ % 1 TITLE OF DOCUMENT Information Technology Manager, Perry Rice, will present IT's report to Council ATTACHMENTS: None 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.) Information Technology Manager Perry Rice will present IT's report to Council 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. W WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2018-254 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 09111118 Intro Originator. t "t 09125118 Finance Comm; Division Head: AUG 'N 2 011,!111' 8 Council Dept. Head: Prosecutor, pz' Purchasing/Budget: Executive TITLE OF DOCUME 2018 Supplemental Budget Request#]] ATTACHMENTS. Ordinance, Memoranda & Budget Modification Requests SEPA review required? ) Yes ( X )NO Should Clerk schedule a hearing? Yes X )NO SEPA review completed? ) Yes (X )NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (if this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Supplemental #11 requests funding from the General Fund: L To appropriate $ 78,69 7 in Health to fund Criminal Justice Treatment Account programs from grant proceeds. 2. To appropriate $3 5, 000 in Health to fund Project Now program from grant proceeds. 3. To appropriate $466,866 in Non -Departmental to fund What -Comm E911 equipment from grant proceeds. 4. To appropriate $13,515 in the Sheriffs Department to fund drug trafficking investigations (OCDETF) from grant proceeds. From the Behavioral Health Program Fund 5. To appropriate $50,000 in Health to fund Peace Health — GRACE program contract. From the Countywide Emergency Medical Services Fund 6. To appropriate $208,750 to fund paramedic training. From the Conservation Futures Fund 7. To appropriate $95,182 to fund Sidhu Agriculture Conservation Easement PDR. COMMITTEE ACTION.- COUNCIL ACTION.• 9/11/2018: Introduced 7-0 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PROPOSED BY: Executive INTRODUCTION DATE: 09/11/18 ORDINANCE NO. AMENDMENT NO. 11 OF THE 2018 BUDGET WHEREAS, the 2017-2018 budget was adopted December 6, 2016; and, WHEREAS, changing circumstances require modifications to the approved 2017-2018 budget; and, WHEREAS, the modifications to the budget have been assembled here for deliberation by the Whatcom County Council, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2017-2018 Whatcom County Budget Ordinance #2016-068 is hereby amended by adding the following additional amounts to the 2018 budget included therein: Fund Expenditures Revenues Net Effect General Fund Health 113,697 (122,441) (8,744) Non -Departmental 466,866 (466,866) - Sheriff 13,515 (13,515) - Total General Fund 594,078 (602,822) (8,74D Behavioral Health Program Fund 50,000 (50,000 Countywide Emergency Medical Services Fund 208,750 - 208,750 Conservation Futures Fund 95,182 (40,000) 55,182 Total Supplemental 948,010 (692,822) 255,188 ADOPTED this day of 12018. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED A O Ci ' rosecutor Rud Browne, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: I:\BUDGET\SUPPLS\2018_Suppl\Supplementa1 #11-2018.docx 95 WHATCOM COUNTY Summary of the 2018 Supplemental Budget Ordinance No. 11 Department/Fund Description Increased (Decreased) Expenditure (Increased) Decreased Revenue Net Effect to Fund Balance (Increase) Decrease General Fund Health To fund Criminal Justice Treatment Account programs from grant proceeds. 78,697 (87,441) (8,744) Health To fund Project Now program from grant proceeds. 35,000 (35,000) Non -Departmental To fund What -Comm E911 equipment from grant proceeds. 466,866 (466,866) Sheriff To fund drug trafficking investigations (OCDETF) from grant proceeds. 13,515 (13,515) - Total General Fund 594,078 (602,822) (8,744) Behavioral Health Program Fund To fund Peace Health - Grace program contract. 50,000 (50,000) Countywide Emergency Medical Services Fund To fund paramedic training 208,750 208,750 Conservation Futures Fund To fund Sidhu Agriculture Conservation Easement - PDR E 182 95, (40,000) 55,182 Total Supplemental 948,010 692,822 255,188 Supplemental Budget Request Status: Pending Health Human Services Fund 1 Cost Center 675600 Originator: Patty Proctor Expenditure Type: One -Time Year 2 2018 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Criminal Justice Treatment Account X 1 Depart ent Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description 4334.0466 CJTA Treatment 6610 Contractual Services Amount Requested ($87,441) $78,697 Request Total ($8,744) la. Description of request: We are requesting additional expenditure authority to use state dedicated funding to support services for individuals who have been charged with non-violent crimes. Services supported will include substance use disorder (SUD) assessments, residential treatment, outpatient treatment, and housing assistance. 1b. Primary customers: Individuals involved in the criminal justice system who have a pending non-violent criminal charge from a prosecuting attorney in the state of Washington, and who appear to have a SUD which requires treatment. Priority will be given to individuals who are enrolled in a therapeutic court program. 2. Problem to be solved: Non-violent offenders have limited access to resources to help them initiate and maintain long term recovery. CJTA funding provides a full continuum of therapeutic services for these individuals, especially those enrolled in therapeutic court programs. 3a. Options /Advantages: A local CJTA panel was convened to consider best options for use of these dedicated funds and made recommendations for those areas of service most needed by the population to be served. Gaps in care included: assessments in the jail, outpatient and residential treatment, and especially housing. 3b. Cost savings: Monies utilized will not be pulled from local sources. These state dollars have been dedicated to serve the identified population. Services will be contracted with local providers, alleviating the need to employ county staff to deliver the services. Providing clean and sober housing assistance and SUD treatment for individuals involved in the criminal justice system are proven strategies for saving costs in public funds. Treatment for people with addiction provides a savings of $3-$7 for every dollar spent. Housing people who are homeless, especially those challenged with an addiction, can result in $14,700 per person saved in other costs. 4a. Outcomes: Outcomes include: Reduction in recidivism, increased stability in recovery from SUD, and increased retention in Therapeutic Court Programs. Outcomes will be tracked throughout an individual's participation in therapeutic court programs. 4b. Measures: Number of individuals receiving and completing in -jail as well as out -of -jail assessments for SUD, and number admitted to outpatient treatment, and number admitted to residential treatment, and number served with housing assistance. 5a. Other OepartmentslAgencies: Friday, August 24, 2018 Rpt Rpt Suppl Regular 97 Supplemental Budget Request Straus: Pending Health Human Services Fund 1 Cost Center 675600 Originator: Patty Proctor Assessments will take place in the Whatcom County Jail where people will be released to inpatient treatment. Whatcom County Therapeutic Courts (Drug Court, Mental Health Court, Family Treatment Court) will also be positively impacted by this full services continuum. 5ho Name the person in charge of implementation and what they are responsible for. Whatcom County Drug Court will assist the Health Department with contract management activities. 6. Funding Source: State Health Care Authority, Criminal Justice Treatment Account Funds. Friday, August 24, 201 S Rpt: Rpt Suppl Regular •• Supplemental Budget Request status: Pending Health Community Health Fund 1 Cost Center 621206 Originator: Patty Proctor Expenditure Type: One -Time Year 2 2018 Add'I FTE ❑ Add'1 Space ❑ Priority 1 Name of Request: Project Now x -1I qp 1 Departme He Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4367.1000 Donations ($35,000) 6120 Extra Help $10,391 6230 Social Security $795 6259 Worker's Comp-Interfund $50 6269 Unemployment-Interfund $14 6320 Office & Op Supplies $50 6340 Books-Publications-Supsc $50 6610 Contractual Services $14,750 6625 Software Maint Contracts $500 6780 Travel-Educ/Training $8,190 7140 Meeting Refreshments $150 7190 Other Miscellaneous $60 Request Total $0 1a. Description of request: We are requesting expenditure authority to support the further development of the Generations Forward Children's Collaborative using funds from a new grant. 1b. Primary customers: Young children and their families 2. Problem to be solved: Children who are a racial or ethnic minority and those living in poverty are far less likely to have lifelong well-being. This exacerbated by an increased likelihood of experiencing adversity in childhood. Community -wide attention and effort are needed, with a focus on equity and recognition of the impacts of adverse experiences on child development, in order to improve the well-being of children. 3a. Options I Advantages: We explored several ways of improving child well-being in Whatcom County including continuing to support existing coalitions and services. In reviewing the literature and responding to community input, it was clear that building a community -wide initiative focused on equity with a trauma -informed lens was the most likely path to success. This option will allow us to support currently successful initiatives, add new community development infrastructure and services where needed and emphasize the involvement of parents and community members most impacted by adversity. 3b. Cost savings: Early investment in children is the most powerful step to decreasing disparities and improving the health of our community. According to Nobel Prize winner economist, James Heckman, investing in early childhood has an annual rate of return of 7%-13% for communities. Friday, August 24, 2018 Rpt: Rpt Suppl Regular 0 Supplemental Budget Request status: Pending Health Community Health Fund 1 Cost Center 621206 Originator: Patty Proctor 4a. Outcomes. 1.Create sustainable infrastructure for Generations Forward 2.Expand engagement and leadership from families and communities experiencing inequities and adversity 3.Increase community capacity to identify and address family stress, particularly perinatal and early childhood mental health concerns 4.Catalyze system and policy changes that increase sustainable financing for child and family services and programs, and reduce barriers to family economic stability including access to affordable child care and housing 4b. Measures: 1.Number and diversity of parents in leadership roles in Generations Forward 2.Number and diversity of individuals and organizational partners who formally declare commitment to the mission, vision and goals of Generations Forward 3.Funding available for child and family -focused initiatives 5a. Other Departments/Agencies: None 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: Boston Medical - Project NOW grant funding Friday, August 24, 2018 Rpt: Rpt Suppl Regular 100 WHATCOM COUNTY ��o�00 lack Louws EXECUTIVES OFFICE County Executive 5 d County Courthouse 311 Grand Avenue, Suite #108 q� _ion Bellingham, WA 98225-4082 � To: Whatcom County Executive Jack Louws and Whatcom County Council Members From: Suzanne Mildner, Grant Coordinator Subject: Supplemental Budget Request for E911 funding (Pass through Grant to What -Comm) Date: August 20, 2018 The County is in the process of entering into a subrecipient agreement with the City of Bellingham to facilitate a pass -through grant from The Washington State Military Department. The grant funding is for FY2018-19 Emergency 911 equipment expenses for What -Comm Communications. The State legislature recently passed ESSB 6032 which provided for reimbursement of costs for replacement/upgrade of E911 phone equipment for four counties, including Whatcom. This grant is from the State Military Department and is for direct reimbursement for the new CPE (911 phone) system, which was installed in 2016 at What -Comm Communications. The grant contract period is March 2016 through August 2019, for a total of $466,866. The execution of the Subrecipient Agreement will be contingent upon your approval of this budget authority. Accordingly, we are requesting approval for supplemental funding in the amount of $466,866 to support 911 operations at What -Comm Communications. Office (360) 778-5200 FAX (360) 778-5201 TRS: 711 101 Supplemental Budget Request Status: Pending Executive Supp'l to # 2634 Fund 1 Cost Center 4282 Originator: Suzanne Mildner Expenditure Type: One -Time Year 2 2018 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: What -Comm E911 Equipment Grant Depa ent Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4334.0182 State Enhanced 911 Funds ($466,866) 7220 Intergov Subsidies $466,866 Request Total $0 la. Description of request: This is a state -funded pass through grant from the Washington State Military Department to reimburse What -Comm Communications Center for phone equipment costs. 1b. Primary customers: What -Comm Communications Center, City of Bellingham, Whatcom County 2. Problem to be solved: A new 911 phone system was purchased and installed by What -Comm in 2016. The State legislature recently passed ESSB 6032, Section 142, which provided for reimbursement of expenses for four Washington counties, including Whatcom County, for 911 phone system replacement costs. What - Comm can access this funding through the local county government. 3a. Options /Advantages: This intergovernmental grant agreement is a vehicle for accessing this fund source. The acceptance of these grant funds ultimately reduces the cost to the community for 911 services. 3b. Cost savings: N/A 4a. Outcomes: 911 services cost reductions for our community due to state subsidies. 4b. Measures: The phone replacement project is already complete with new and improved 911 service equipment. 5a. Other Departments/Agencies: What -Comm Communications Center, City of Bellingham 5b. Name the person in charge of implementation and what they are responsible for: Greg Erickson, E911 Coordinator 6. Funding Source: Washington State Military Department Monday, August 20, 2018 102 Rpt: Rpt Suppl Regular WHATC011 COUNTY S:IIF'F°S OFFICE BILL ELFO SHERIFF TO: FROM: DATE: SUBJECT: Memorandum Jack Louws, County Executi Sheriff Bill Elfo August 24, 201 Supplemental Budget ID #2637 DTF OCDETF FY2018 Funding Increase # 1 PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4038 (360) 778-6600 1 1' JACK LOUWS COUNTY EXECUTIVE The attached supplemental budget requests budget authority for overtime services for Federal Organized Crime Drug Enforcement Task Forces (OCDETF) investigations. Background and Purpose The Sheriff's Office entered into an Organized Crime Drug Enforcement Task Forces (OCDETF) Agreement for Fiscal Year 2018 (W.C. Contract No. 201801016) to participate in the investigation and prosecution of major drug trafficking organizations with an original allocation of $2,500 (Supplemental Budget ID 2538). Based on the level of participation of the Sheriff's Office, the Department of Justice (DOJ) authorized a funding increase of $13,515. The Sheriff's Office used the original $2,500 in May 2018 and needs budget authority for the additional $13,515. Deputies assigned to assist in OCDETF investigations may perform a variety of functions, including: interviewing witnesses, conducting surveillance, performing undercover assignments, handling informant transportation and/or prisoner transportation, preparing and executing search and arrest warrants, serving subpoenas, assisting with trial preparation, and testifying at trials. The U.S. Department of Justice will reimburse the Sheriffs Office for overtime of deputies engaged in these federal OCDETF investigations. Associated payroll costs will come from existing Sheriff s Office budget. Funding Amount and Source Funding of $13,515 will be provided by U.S. Department of Justice Drug Enforcement Administration from the State and Local Overtime (SLOT) Funds. Please contact Undersheriff Jeff Parks at extension 6610 if you have any questions. Thank you. Our Vision: The Office of Sheriff: Dedicated to makingWhatcom County the Safest in the State through Excellence in Public Safety. 103 Supplemental Budget Request Status: Pending Sheriff Operations �Uhhv rn z 7 Fund 1 Cost Center 1003517003 Originator. Jacque Korn Expenditure Type: One -Time Year 2 2018 Add'I FTE ❑ Add'I Space ❑ Priority 1 Costs: Object Object Description LAmount Requested 1 4342.1013 Reimb Drug Enforcement ($13,515) 6140 Overtime $13,515 i Request Ret Total -- $o ( — la. Description of request: In 2018, the Sheriffs Office entered into an Organized Crime Drug Enforcement Task Forces (OCDETF) Agreement for Fiscal Year 2018 to participate in the investigation and prosecution of major drug trafficking organizations. The U.S. Department of Justice (DOJ) agreed to reimburse the Sheriff's Office for overtime of detectives engaged in these federal OCDETF investigations. The DOJ authorized $2,500 and Supplemental Budget ID #2538 was approved for the initial allocation. Subsequent increases of $13,515 were awarded and budget authority is needed for the additional amount. 1b. Primary customers: Citizens of Whatcom County 2. Problem to be solved: Budget authority is needed to use the remaining OCDETF FY2018 funds for overtime in 2018. 3a. Options /Advantages: 3b. Cost savings: Overtime reimbursement of $13,515. 4a. Outcomes: Sheriffs Office Drug Task Force detectives will continue participation in federal OCDETF investigations. 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: The U.S. Department of Justice Drug Enforcement Administration will provide $13,515 from State and Local Overtime (SLOT) Funds. Associated payroll costs of $2,119 will be paid out of the existing Sheriff's Office budget. Friday, August 31, 2018 Rpt: Rpt Suppl Regular 104 Supplemental Budget Request status: Pending Health Human Services Fund 124 Cost Center 124115 Originator: Patty Proctor Expenditure Type: One -Time Year 2 2018 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Peace Health -Grace X -A LjL,� 19/-Velo? Depar'Zi t Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description 4346.4010 Mental Health Chg 6120 Extra Help 6230 Social Security 6259 Worker's Comp-Interfund 6269 Unemployment-Interfund 6610 Contractual Services Request Total We are requesting expenditure authority to use funds received from Peace Health to support the Whatcom GRACE (Ground -level Response and Coordinated Engagement) program, which will provide intensive outreach services to individuals with complex health conditions. 1b. Primary customers: 1 b. Primary customers: Whatcom county residents who are GRACE participants. GRACE participants are individuals who utilize at a high frequency the crisis response systems (both law enforcement and EMS) as well as the hospital emergency department. 2. Problem to be solved: Individuals who demonstrate a high utilization of crisis response systems rarely use these systems appropriately or effectively. Their complex health care needs, including behavioral health needs, are not addressed in a comprehensive manner. These individuals typically require a team of professionals that can provide intensive services in a pre -planned and coordinated manner, focused on reducing inappropriate use of crisis services (including the jail), while promoting their health and well-being. The GRACE program will serve these individuals. 3a. Options /Advantages: The Whatcom GRACE program will provide intensive services to identified individuals in a team -based approach. Team members will provide outreach, engagement, and comprehensive services to meet the complex needs of individuals who are high utilizers of crisis response systems. Shared care plans will be followed to ensure coordinated services and ongoing support to these individuals are delivered, which will reduce the cost and burden to the community's crisis response systems. 3b. Cost savings: The county will realize savings by reducing the frequency of use of the crisis system by GRACE participants. 4a. Outcomes: GRACE participants will reduce their frequency of use of crisis response systems.. 1::� =r Friday, August 24, 2018 Rpt: Rpt Suppl Regular 105 Supplemental Budget Request status: Pending Health Human Services c 2Sat; Fund 124 Cost Center 124115 Originator: Patty Proctor Reduction in Emergency Department and EMS utilization and jail bookings by GRACE participants. 5a. Other Departments/Agencies: None 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: Peace Health Friday, August 24, 2018 Rpt: Rut Suppl Regular 106 st' ., •r- AZ -�.T Non -Departmental Status: Pending S aa7 O 4 2534,1 Fund 130 Cost Center 130110 Originator: T. Helms Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Paramedic Training j 1 a. Description of request: The 2017 WCEMS voter approved Levy provides funds for training EMS providers and supporting the ALS system. There is a recognized need for up to 18 Paramedics over the next two years due to projected Paramedic attrition in both the Bellingham and Ferndale (FD 7) Fire Departments. Additional paramedics are also necessary to staff a fifth Paramedic Unit as projected in 2020. EMS Manager, M. Hilley in collaboration with our ALS partners and the Bellingham Technical College has developed an efficient and sustainable training program that will allows us to achieve the necessary training to fulfill recruitment needs over the next several years. The total costs associated with setting up and operating the Paramedic School for the 2018/19 class is approximately $835.000. It is generally assumed that the Levy will cover the costs for setting up the school over the next two years as BTC phases in the tuition based model. However, costs to the EMS Fund will be reduced with the recent Assitance to Firefighters Grant Program Award of approximately $550K. 1b. Primary customers: Whatcom County Citizens, Advanced Life Support (ALS) providers. 2. Problem to be solved. There is an anticipated need for up to nine Paramedics to staff a fifth Paramedic unit in 2020 and up to nine Paramedics between the years of 2019 and 2022 due to retirements and promotions. As outlined in the EMS Levy Plan, As EMS Administrator, the County's obligation is to; "Improve the operational efficiencies of the system and to help contain costs by standardizing paramedic student training requirements and by consolidating and conducting joint training. 3a. Options /Advantages: There is strong support throughout the agencies to support and sustain this high quality training program within the Bellingham Technical College. Neighboring counties have also indicated a need for succession planning with several agencies projecting Paramedic shortages over the next five years. Typically, our neighboring counties send their firefighters to the Harborview/University of Washington Paramedic program in Seattle. The Harborview program class size is limited to 14 students and will be unable to support anticipated paramedic training needs from our neighboring counties. 3b. Cost savings: none 4a. Outcomes: At the completion of the 2018-2019 Paramedic Training Program, 9 new paramedics will have graduated enabling our ALS agencies to stay fully staffed while preparing for the eventual 5th unit implementation. Friday, August 31, 2018 Rpt: Rpt Suppl Regular 107 Supplemental Budget Request status: Pending Non -Departmental supp 9 10 # 2641 Fund 130 Cost Center 130110 Originator. T. Helms 4b. Measures: Paramedic students will graduate from the program summer 2019. 5a. Other Departments/Agencies: None 5b. Name the person in charge of implementation and what they are responsible for: None 6. Funding Source: EMS Levy Fund and grants Friday, August 31, 2018 Rpt: Rpt Supp! Regular 9i WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax Memorandum TO: Honorable Whatcom County Councilmembers Honorable Jack Louws, Whatcom County Executive THROUGH: Mark Personius, Director, PDS T FROM: Chris Elder, PDR Program Administrator DATE: August 24, 2018 Mark Personius, AICP Director SUBJECT: Supplemental Budget Request to complete agricultural conservation easement acquisition for PDR applicant Sidhu Introduction The Whatcom County Purchase of Development Rights (PDR) Program was initiated in September of 2001. The program has successfully purchased 130 development rights on 919.15 acres through 19 agricultural conservation easements. The Purchase of Development Rights Oversight Committee has recommended purchase of an agricultural conservation easement on the Matheson property. Whatcom County Council has approved the PDR Program Administrator and County Executive to proceed with the acquisition of these easements through Resolution 2016-029. This supplemental budget request includes all costs associated with closing of this agricultural conservation easement including easement cost, baseline documentation fees, easement monitoring fees, and associated closing costs. This request will support completion of the PDR process on this property. Background and Purpose The Sidhu conservation easement will represent the 20t" purchase under the County's Agricultural Purchase of Development Rights Program. Completion of this easement will add an additional 40 acres to the total protected acreage in Whatcom County. This will bring the total protected acreage up to 959.15 acres. Whatcom Land Trust has developed a baseline condition report for the easement area and will be the legally responsible party to monitor and enforce terms of the conservation easements. The Sidhu conservation easement was selected to receive matching funds by the board of the Whatcom Land Trust. These funds represent 50% of the actual easement cost. . e, Sidhu - PDR Supplemental Budget Request Sidhu Conservation Easement $80,000.00 - Easement monitoring and enforcement $12,000.00 - Background Documents preparation $1,800.00 - Escrow and closing costs $1,381.58 Subtotal $95,181.58 - Reimbursement from Whatcom Land Trust ($40,000) Net cost to Whatcom County after reimbursement $55,181.58 Request Summary This request is consistent with Resolution 2018-028 which authorizes the PDR Program Administrator and County Executive to enter into a purchase and sale agreement for the agricultural conservation easement on this property. The conservation easement will be completed and recorded during September or October, 2018. Please contact Chris Elder, PDR Program Administrator at (360)778-5932 with any questions or concerns. 110 Supplemental Budget Request Status: Pending Planning & Development Services Planning Supp'I ID # 2643 Fund 175 Cost Center 17550 Originator: Chris Elder Expenditure Type: One -Time Year 2 2018 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Sidhu Agricultural Conservation Easement PDR �e Department Head Signature (4Li't edon Hard Copy Submission) Da e 1a. Description of request. The proposed budget amendment is to cover all associated costs for completion of an agricultural conservation easement on the Sidhu application. This includes easement cost, easement monitoring and enforcement fees, baseline documentation, and escrow and closing costs. 1b. Primary customers: The community at large benefits from the PDR program due to the permanent protection of the land for farming purposes. This area will never be developed with additional housing and will stay in low -service cost status in perpetuity. Multiple benefits to agriculture, wildlife, water quality, and stormwater retention are among the benefits for the community. 2. Problem to be solved: The primary focus of the Purchase of Development Rights Program is to permanently protect prime/productive agricultural land from conversion to non-agricultural uses. This property contains prime agricultural soils and has been recommended for protection by the Purchase of Development Rights Oversight Committee. 3a. Options / Advantages: The Agricultural Advisory Committee has considered the PDR program as an integral component of an overall agricultural protection strategy. The Growth Management Act requires the protection of resource lands. This is one of several efforts the County is making to comply with the state requirement. Zoning and Open Space Taxation are other programs currently employed by Whatcom County to protect agricultural land. PDR's are valuable partly because they are the only action currently available for the County to achieve permanent protection on agricultural lands. 3b. Cost savings: Savings are difficult to quantify. Studies indicate that resource lands are the lowest cost properties for community services. Other savings are based on the benefits of not converting the property to some more intensive use. Water quality degradation, excessive stormwater runoff and increased costs for roads and other service provisions are eliminated when conservation easements establish a permanent agricultural development pattern in a given area. Maintaining a critical mass of viable agricultural land — especially land with water rights as this has — also helps support the agriculture economy. 4a. Outcomes: The PDR program originally targeted 10,000 acres for purchase. Since that time the Council endorsed a "Rural Land Study" that has targeted some 25,000 acres of agricultural lands within rural zoned land that they would like to see with additional protection. The Sidhu agricultural conservation easement is located within one of these Rural Study Areas and will contribute to achievement of the County's 100,000 acre Friday, August 31, 2018 Rpt: Rut Suppl Regular 111 Supplemental Budget Request status: Pending Planning & Development Services Planning Supp'I lU # 2643 Fund 175 Cost Center 17550 Originator. Chris Elder goal. The addition of this farm to the PDR land base will occur in 2018. 4b. Measures: The easement on this farm will be purchased with assistance from a Title company through a typical closing process. The successful closing of the easement purchase marks the outcome of this specific request. Annual monitoring reports are supplied by the Whatcom Land Trust for each completed agricultural conservation easement. 5a. Other Departments/Agencies: This is a joint project which involves the Whatcom Land Trust (on -going monitoring/enforcement responsibilities) and Whatcom County — PDR program administration/funding. Reimbursement funding comes from the Whatcom Land Trust. 5b. Name the person in charge of implementation and what they are responsible for: The Whatcom Land Trust will be responsible for the long-term monitoring under the terms of the conditions in the conservation easement and based on the contract that they have with Whatcom County. Gabe Epperson is the Conservation Director 6. Funding Source: Conservation Futures Fund (as requested) Therefore the total coming out of will be $95,181.58, though the Whatcom Land Trust will reimburse Whatcom County for a total of $40,000 towards this transaction. The net expenditure after reimbursement will be $55,181.58 Friday, August 31, 2018 112 Rpt: Rpt Suppl Regular WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2018-255 CLEARANCES initial Date Date Received in Council Qffice Agenda Date Assigned to: Originator: 09111118 Intro FFinanee Comm.; Comm.; ee m., Division Head: U AUG 1, 1 09125118 Board of Supervisors Dept. Head: Prosecutor:( %W 'V LJ Put-chashiglBudget: UUNGH- Executive: TITLE OF DOi 7U4N�T Flood Control Zone District and Subzones 2018 Supplemental Budget Request #3 ATTACHMENTS: Resolution, Memoranda and Budget Modification Requests SEPA review required? ) Yes ( x) NO Should Clerk schedule a hearing? Yes x ) NO SEPA review completed? ) Yes ( x) NO Requested Date: SUMMARY S TA TEMENT OR LEGAL NOTICE LA NG UA GE: (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 RCWor WCC as appropriate. Be clear in explaining the intent of the action.) Supplemental #3 requests funding from the Flood Control Zone District Fund. 1. To appropriate $86,391 in Natural Resources to fund USGS stream gauging. COMMITTEE ACTION. BOARD OF SUPERVISORS ACTION: 9/11/2018: Introduced 7-0 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 webs ite at: wwjv.co.whatcom.wa.usleouncil. 113 PROPOSED BY: Public Works INTRODUCTION DATE: 09/11/18 RESOLUTION NO. (A resolution of the Whatcom County Flood Control Zone District Board of Supervisors) AMENDMENT NO. 3 OF THE 2018 BUDGET WHEREAS, the 2018 budget for the Whatcom County Flood Control Zone District and Subzones was adopted December 5, 2017; and, WHEREAS, changing circumstances require modifications to the approved 2018 budget; and, WHEREAS, the modifications to the budget have been assembled here for deliberation by the Board of Supervisors, NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Flood Control Zone District Board of Supervisors that the 2018 budget as approved in Resolution 2017-065 is hereby amended by adding the following additional amounts to the budgets included therein: Expenditures Revenues Net Effect Flood Control Zone District - Natural Resources 86,391 - 86,391 Total Supplemental 86.391 86,391 ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO ARM: Civil osecutor 2018 WHATCOM COUNTY FCZD BOARD OF SUPERVISORS WHATCOM COUNTY, WASHINGTON Rud Browne, Chair of the Board of Supervisors I:\BUDGET\SUPPLS\2018_Suppl\FCZDRes#2018-3.docx 114 Expenditures Revenues Net Effect Flood Control Zone District - Natural Resources 86,391 - 86,391 Total Supplemental 86,391 - 86,391 115 Supplemental Budget Request Status: Pending Public Works Natural Resources Supp'7 i0 # 2636 Fund 169 Cost Center 169121 Originator. Gary Stoyka Expenditure Type: One -Time Year 2 2018 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: USGS Stream Gauging 2018-2019 X Department Head Sign ure (Required on Hard Copy Submission) Date Costs: ! Object Object Description Amount Requested 7210 Intergov Prof Svcs $86,391 Request Total $86,391 la. Description of request: Lower Nooksack Watershed stream monitoring services 1b. primary customers: WRIA 1 Watershed Management Board partners 2. Problem to be solved: Whatcom County has a variety of water quality and quantity issues that need to be addressed to ensure there is water of adequate quantity and quality to meet our instream and out of stream needs. Stream monitoring provides the basic information that is vital to addressing these issues. In the past, the WRIA 1 Joint Board funded these stream monitoring activities. The Flood Control Zone District (FCZD) contracted with the U.S. Geological Survey to provide these services on behalf of the Joint Board. The WRIA 1 Joint Board has since dissolved and there are no longer funds available for this work. 3a. Options /Advantages: Whatcom County has worked with other WRIA 1 Watershed Management Board partners to identify a long-term funding source for stream monitoring. A source has not been identified at this time and the current contract for monitoring services expired on September 30, 2018. There are sufficient funds in the FCZD fund balance to cover the cost of one year of this critical work while a long-term funding plan is developed. 3b. Cost savings: There are no cost savings. Use of these funds will allow this critical work to continue while a long-term funding strategy is developed. 4a. Outcomes: Maintaining a continuous record of stream montioring data for future water planning and further refinement of a forthcoming groundwater model. .4b. Measures: Monitoring data will be received and the continuous record will be maintained. Continuous monitoring will be obtained from 8 monitoring stations for one year. 5a. Other Departments/Agencies: Yes. The FCZD will contract with U.S. Geological Survey to conduct the stream monitoring. 5b. Name the person in charge of implementation and what they are responsible for. US Geological Survey - Darrin Miller 6. Funding Source: The FCZD will pay for this contract from cost center 169121. Wednesday, August 22, 2018 Rpt: Rpt Suppl Regular 116 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director MEMORANDUM NATURAL RESOURCES 322 N. Commercial, Suite 110 Bellingham, WA 98225 Telephone: (360) 778-6230 FAX: (360) 778-6231 www.whatcomcounty.us TO: Jack Louws, County Executive for the Flood Control Zone District THROUGH: Jon Hutchings, Public Works Director FROM: Gary Stoyka, Natural Resources Manager DATE: August 22, 2018 RE: Supplemental Budget Request Requested Action The Public Works Natural Resources Division is requesting supplemental budget authority for FY 2018 for continuation of stream monitoring activities. Whatcom County has a variety of water quality and quantity issues that need to be addressed to ensure there is water of adequate quantity and quality to meet our instream and out of stream needs. Stream monitoring provides the basic information that is vital to addressing these issues. This supplemental budget request provides $86,391 in funding authority to execute a new one year contract with the USGS to provide these continuous monitoring services. This request for funding is from the Flood Control Zone District fund balance. Please contact Gary Stoyka at extension 6218, if you have any questions or concerns regarding this request. Attachment 117 zo10-zoo CLEARANCES Initial Date Date Received in Council Qfflce 4genda Date Assigned to: Finance/ Board of Division Head: Dept. Head: Prosecutor: 91512018 TITLE OF Ddt�';WNT, Washington Department of Ecology 2018-2019 Washington Conservation Corps Crew Agreement Memorandum Aureement 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 apublic hearing, you mustprovide the languagefor use in the required public notice. Be specific and cite RCWor WCCas appropriate. Be clear in explaining the intent of the action.) This agreement between Washington Department of Ecology and Whatcorn County Flood Control Zone District (District) provides a 6- person crew to perform habitat restoration and water quality work. Total cost to the District is not to exceed $79,695. Whatcorn County Parks and Recreation and the Nooksack Salmon Enhancement Association (NSEA) are co-sponsors under separate agreements. NSEA will house the crew and provide office and equipment space at their facility. COMMITTEE A CTION, COUNCIL ACTION. Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are availablefor viewing andprinting on 11�� ' '`° WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director MEMORANDUM NATURAL RESOURCES 322 N. Commercial, Suite 110 Bellingham, WA 98225 Telephone: (360) 778-6230 FAX: (360) 778-6231 comcounty.us JACK I.OUWS COUNTY EXECUTIVE TO: The Honorable Members of the Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Jon Hutchings, Public Works Director FROM: Gary Stoyka, Natural Resources Manager �''" John N. Thompson, Senior Salmon Recovery Planner VJK DATE: September 10, 2018 RE: Agreement with Washington Department of Ecology for 2018-2019 Washington Conservation Corps Crew Sponsorship Requested Action: Enclosed are two (2) originals of a 2018-2019 Washington Conservation Corps Crew Agreement between the Washington Department of Ecology and Whatcom County Flood Control Zone District for your review and signature. Background and Purpose: Public Works proposes to sponsor a 6-member Washington Conservation Corps Crew for the 2018-2019 term. The crew will assist Public Works with salmon habitat, stormwater, and water quality monitoring and will be available for emergency response. The crew is shared with Whatcom County Parks and Recreation and the Nooksack Salmon Enhancement Association under separate agreements with Ecology. Funding Amount and Source: Funding for this agreement is included in the Public Works — Natural Resource Division 2018 budget and the 2019 proposed budget. The agreement is not to exceed $79,695. Please contact Gary Stoyka at extension 6218, if you have any questions or concerns regarding the terms of this agreement. Encl. M WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET � ® /,F® o 0 Originating Department: Public Works Division/Program: (i.e. Dept. Division and Program) 907010/Natural Resources Contract or Grant Administrator: John N. Thompson, Senior Planner Contractor's / Agency Name: Washington Department of Ecology Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes ® No ❑ If No, include WCC: Already approved? Council Approved Date: (Exclusions see: Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ❑ No ® If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ❑ No ® If yes, RFP and Bid number(s): Cost Center: 169119 Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ❑ Professional services agreement for certified/licensed professional. ❑ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ® Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract Council approval required for, all property leases, contracts or bid awards exceeding amount and any prior amendments): $40,000, and professional service contract amendments that have an increase greater $ 79,695 than $10,000 or 10% of contract amount, whichever is greater, except when: 1. Exercising an option contained in a contract previously approved by the council. 2. Contract is for design, construction, r-o-w acquisition, prof services, or other This Amendment Amount: $ capital costs approved by council in a capital budget appropriation ordinance. 3. Bid or award is for supplies. Total Amended Amount: $ 4. Equipment is included in Exhibit `B" of the Budget Ordinance 5. Contract is for manufacturer's technical support and hardware maintenance of electronic systems and/or technical support and software maintenance from the developer of proprietary software currently used by Whatcom County. Summary of Scope: This agreement between Washington Department of Ecology and Whatcom County Flood Control Zone District provides a 6-person crew to perform habitat restoration and water quality work. Whatcom County Parks and Recreation and Nooksack Salmon Enhancement Association (NSEA) are co-sponsors under separate agreements. NSEA will house the crew and provide office and equipment space at their facility. Term of Contract: Not to Exceed Expiration Date: 9/8/2019 Contract Routing: 1. Prepared by: John N. Thompson Date: 2. Attorney signoff: KNF Date: 3. AS Finance reviewed: bbennett Date: 4. IT reviewed (if IT related): Date: 5. Contractor signed: Date: 6. Submitted to Exec.: ✓ Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: 9/5/2018 9/5/2018 9/07/2018 120 Page 1 of 9 DEPARTMENT OF ECOLOGY State of Washington AGREEMENT NO. WCC-1830 AGREEMENT BETWEEN The State of Washington, Department of ECOLOGY AND Whatcom County Flood Control Zone District WHATCOM COUNTY CONTRACT NO. THIS AGREEMENT is made and entered into by and between the Department of Ecology, hereinafter referred to as "ECOLOGY", and Whatcom County Flood Control Zone District hereinafter referred to as the "SPONSOR." IT IS THE PURPOSE OF THIS AGREEMENT to provide Washington Conservation Corps (WCC) members to complete environmental or disaster services projects, pursuant to Chapter 43.220 of the Revised Code of Washington. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK Both parties agree to do all things necessary for or incidental to the performance of the work set forth in Appendix "A" attached hereto and incorporated herein. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on 10/1/2018 and be completed on 9/8/2019 , unless terminated sooner as provided herein. The WCC Crew and/or WCC Individual Placement corpsmem er specified in this agreement will be available to SPONSOR on the dates set forth on the calendar in Appendix "B" attached hereto and incorporated herein. COMPENSATION The parties have determined that the cost of accomplishing the work herein will not exceed $79,695 Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount. Compensation for service(s) shall be based on the following established rates: Provided by ECOLOGY Reimbursed to ECOLOGY by SPONSOR 1 WCC crew: 3 way cost share with Whatcom Parks & $79,695 NSEA Total SPONSOR COST $79,695 Above cost Not to be Exceeded The costs reimbursed to ECOLOGY by SPONSOR are a cost -share rate. Estimated value of a WCC crew is $5,334 weekly per WCC Crew consisting of five WCC/AmeriCorps Members and one Supervisor (excludes food and lodging). Indirect costs are included in SPONSOR share at a standard rate of 5% of direct costs. BILLING PROCEDURE ECOLOGY shall submit invoices monthly to the SPONSOR's designated contact person listed under "Agreement Management" section. Payment to ECOLOGY for approved and completed work will be made by warrant or account transfer by SPONSOR within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. 121 Page 2 of 9 AGREEMENT ALTERATIONS AND 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. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. ASSURANCES Parties to this Agreement agree that all activity pursuant to this contract will be in accordance with all the applicable current federal, state and local laws, rules, and regulations. CONFORMANCE If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. FUNDING AVAILABILITY The obligation of the SPONSOR to provide reimbursements is contingent upon appropriation of funds by the SPONSOR's governing body for the specific purpose of funding the project, which is the subject of this Agreement. Upon the failure of such appropriation, the SPONSOR may terminate this Agreement. ECOLOGY's ability to provide cost -share is contingent on availability of funding. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the agreement, in whole or part, for convenience or to renegotiate the agreement subject to new funding limitations and conditions. ECOLOGY may also elect to suspend performance of the agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification restrictions. GOVERNING LAW AND VENUE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 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. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. ORDER OF PRECEDENCE In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and state of Washington statutes, regulations, and rules. 2. Mutually agreed written amendments to this Agreement 3. This Agreement 4. Statement of Work and Budget. 5. Any other provisions of this Agreement, including materials incorporated by reference. 122 Page 3 of 9 RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration of this Agreement and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties subject to state public disclosure laws. RESPONSIBILITIES OF THE PARTIES Each party of this Agreement hereby assumes responsibility for claims and/or damages to persons and/or property resulting from any act or omissions on the part of itself, its employees, its officers, and its agents. Neither party will be considered the agent of the other party to this Agreement. RIGHTS IN DATA Unless otherwise provided, data, which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be jointly owned by ECOLOGY and SPONSOR. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. 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 which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. TERMINATION FOR CONVENIENCE Either party may terminate this Agreement upon 30 days' prior written notification to the other party. 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. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 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. 123 Page 4 of 9 AGREEMENT MANAGEMENT The program manager 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 Contract/Program Manager for ECOLOGY is: Peter Nevin PO Box 47600 Olympia, WA 98504 (206) 940-3615 peter. nevin@ecy.wa.gov The Contract/Program Manager for SPONSOR is: John Thompson 322 N. Commercial Street Suite 110 Bellingham WA 98225 (360) 778-6230 jnthomps@co.whatcom.wa.us IN WITNESS WHEREOF, the parties have executed this Agreement. State of Washington SPONSOR Department of ECOLOGY Whatcom County Flood Control Zone District Signature (See attached FCZD signature page) Date Signature Date Gordon White, SEA Program Manager Printed Name, Title Printed Name, Title 124 Page 5 of 9 WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT: Recommended for Approval: J�� t6f�;:D 9 ll' 1/ Jon Hutchings, Publ Works Director Date Approved as to form, e Gftie€-Etdll Deputy Prosecuting Attorney Approved: Accepted for Whatcom County Flood Control Zone District: 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 125 Page 6 of 9 STATEMENT OF WORK Appendix A Work summary: Under direction of SPONSOR, crew(s) will perform restoration activities. Specific tasks could include invasive control, native species installation, plant nursery care, scientific monitoring, and fence installation or repair. Special terms and conditions: 1. WCC members and staff will not be utilized to clear and/or clean up hazardous materials including hypodermic needles. If a significant amount of hazardous or unidentifiable material is discovered on a project site, activity will cease until SPONSOR either mitigates potential hazards or finds an alternate project site. WCC resources (includes members, supervisors, tools and trucks) will not be utilized for clearing active or abandoned homeless encampments. 2. Vehicle is not to be used for heavy hauling. The primary use of the crew vehicle is for transportation of crew, tools, and safety equipment. In the event that WCC vehicles are requested to tow SPONSOR equipment, SPONSOR is solely responsible for accidental damages, unless damages are caused by WCC negligence. 3. WCC is not responsible for normal wear and tear when project requires the use of SPONSOR -provided tools, equipment or safety gear. 4. SPONSOR will complete WCC-provided closeout survey or report within 30 days of agreement completion. 5. The assignment of corpsmembers shall not result in the displacement of currently employed workers, including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits. Agencies that participate in the program may not terminate, lay-off, or reduce the working hours of any employee for the purpose of using a corpsmember with available funds. In circumstances where substantial efficiencies or a public purpose may result, participating agencies may use corpsmembers to carry out essential agency work or contractual functions without displacing current employees. 6. All state holidays and shutdown weeks are non -working days for members. Shutdown weeks are to be used by WCC staff/supervisors for planning purposes. 7. The WCC standard 40-hour schedule is Monday through Thursday from 7:OOam to 5:30pm. An alternate schedule may be arranged with prior approval from the WCC. 8. Indirect costs are included in SPONSOR share at a standard rate of 5% of direct costs. ECOLOGY shall: 1. Provide WCC members for the number of weeks specified in this agreement. Full-time crews and Individual Placements are available to SPONSOR for a maximum of 41 weeks (approx. 165 days) during the Federal AmeriCorps program service year (October -September). 2. In the event of a disaster response deployment, the WCC Program will make every effort to fulfill sponsor program needs, including sending additional members, whenever possible. Invoices will include all activities during the program year including training, community service events, and other activities required by WCC, excluding Emergency Response, if needed. 3. Provide training and development specified in Appendix "B": eight (8) days of formal WCC member training, a four (4) day Orientation Training, one (1) day dedicated to MILK Community Service, and a debrief meeting near the conclusion of the term. WCC members and supervisors are logging hours on these dates, but are unavailable to sponsor to perform project work. 4. Provide a 4-day Assistant Supervisor training to the designated Assistant Supervisor. 5. For crew (s), ECOLOGY agrees to provide a crew of 5 members, a crew supervisor, vehicle, and basic hand tools. 6. Cost -share rates are not based on actual attendance, however, invoices will be reduced for member or supervisor vacancies lasting 20 days or more. 126 Page 7 of 9 SPONSOR shall: 1. Guide completion of appropriate projects for the number of weeks specified in this agreement by providing the logistical, technical and safety -related support necessary for project completion. Provide site orientation for WCC members, specific on -the job task training, and any materials beyond basic hand tools to complete tasks assigned under this Agreement. Obtain and ensure adherence to applicable permits as set by local, state, tribal or federal laws and regulations. 2. Help to promote the AmeriCorps and WCC brands, logo, slogans and phrases. The WCC will provide camera- ready logo. AmeriCorps is a registered service mark of the Corporation for National and Community Service. AmeriCorps Prohibited Activities: While charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps program or CNCS, staff and members may not engage in the following activities (see 45 CFR § 2520.65): A. Attempting to influence legislation; B. Organizing or engaging in protests, petitions, boycotts, or strikes; C. Assisting, promoting, or deterring union organizing; D. Impairing existing contracts for services or collective bargaining agreements; E. Engaging in artisan political activities, or other activities designed to influence the outcome of an election to any public office; F. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; G. En?aging in religious instruction, conducting worship services, providing instruction as part of a program that inc uddes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization; H. Providing a direct benefit to — I. A business organized for profit; II. A labor union; III. A partisan political organization; IV. A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 related to engaging in political activities or substantial amount of lobbying except that nothing in these provisions shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and V. An organization engaged in the religious activities described in paragraph 3.g. above, unless CNCS assistance is not used to support those religious activities; I. Conducting a voter registration drive or using CNCS funds to conduct a voter registration drive; 1. Providing abortion services or referrals for receipt of such services; and K. Such other activities as CNCS may prohibit. AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training, or managing others for the primary purpose of engaging in one of the activities listed above. Individuals may exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non-AmeriCorps time, and using non-CNCS funds. Individuals should not wear the AmeriCorps logo while doing so. 127 0 00 (3) OD co CL -2018-2019 WCC Events Calendar C WIMMIMAIMMIKINUMME EMMAIMMEMEMMEMS EMENWINAMAKEME EMNAMMIMKONMEN lj®=MMMM ===HE=== MM MMMM =go MMIMMI MIMMIMMEM MlMlMlM;IK16MMM MM MMMI" MM IMI®MMIIMIMM MMM AMMMIN" MMM�RIM� MIMI =IMMMI lam" MMLSM Start Indvid-jak HoUday (Obc-�.-dl-Day Off IM Traiiing Cenfere,uces-314-7 & 6/34 Or antatior" ('-Mmth Member orentatilor, hxC riCorps TSO 1-e (8 days -Cc-; is hate !,,Berrbms 1, fceatrat Puget cra-S)4 tmar-s TEL Supervisor RefremerTrairine �j Assis�ta�t Su pe rvisoF Trajnjng or" entsfin's davoregion) rlMK- 5uplfotiday_&AemberSernce Dav W22=ayNPk & NIV; P/29 Cen&'91E WA & S. Ruget �%Und'; %'q*K0a county * A-mbe r FDPs raise (June=r-he,-k-in orjy) Red eTinw Peav Fs intered B;ue -*7 -Tisza: pay penodappmvat dL* Payday (i0V% 11, 25th. van' 0nsve4ken&') prodxtion (I as t Thurstiay of the mn&') Sup-rviso---. Crew inteme—s FOIE"- Date (H7=3r 2T, QTJF7--9f5). ff'resre ef AR Exit foms Ak'-Arnencorps Dates ROD Sftutdo%Am Weeks: Su pe, mise Fs: Final f7a 7n.ter,6-wsfEr?rdifr�t Super,isors: Cyoss-Trairing Sucemsors: AA-st4fr V'z etirq & Prep days AAembers'Potentiat Hours (For general guidance only - hours not guaranteed) Cktober 1901 November 140 December 160 1801 February 1501 PMrcb 160 Apdt 1801 Ijune 1601 July August 170 30 Fultterm+ Oct 1-5ep 5- 187ti Half term Oct 1-Mar 21 - 940 IHatfterm t&r.,20-SeI15:9501 P eT 4 HT Half -terms beginning in October onty available to returning members in VIVCC with less than a full -term remaining in WCC. NI embers; with excessive absences will not receive ed award, even if minimumhours are met. Enrollment Paperwork must be received March 11 (HT)'. June 3 (QTI, September 19 (FT). WCC standard srhedule (40 hours week) is Montjiy - Sttn(jay 128 Page 9 of 9 Appendix C Whatcom County Flood Control Zone District PROPOSED PROJECT TYPES AND GEOGRAPHIC FOCUS Water Quality & Habitat Monitoring and Improvement Projects • Birch Bay Watershed • Drayton Harbor Watershed • Portage Bay Shellfish District • Lake Whatcom • South Fork Nooksack River • Canyon Creek, North Fork Nooksack River New Restoration Projects • Birch Bay • Drayton Harbor • Mainstem tributaries • South Fork and tributaries • Middle Fork • North Fork and tributaries Maintain Existing Projects • Birch Bay • Canyon Creek, North Fork • Drayton Harbor • Friday Creek • Lake Whatcom • Mainstem tributaries • North Fork tributaries (e.g. High Creek) • South Fork & tributaries w—We WNATCOM COUNTY COUNCIL AGENDA BILL NO. 2018-261 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: John N. Thompson Finance/Board of Originator: JNT 812112018 ( A � ` f i = i, � - .� w �� 4 September 25, 2018 Supervisors Gary Stoyka Division Head: GSS 8124118 Jon Hutchings Dept. Head: f / i f Christopher Quinn Prosecutor: CDQ 0812512018 WHA T C Brad Bennett Purchasing/Budget. COUNCIL Jack P_ Executive: ��1�°•j TITLE OF DOCU NT. Joint Funding Agreement with U.S. Geological Survey for Operation, Maintenance, and Data Reporting of Stream Gaging Equipment at 8 Sites in the Nooksack Watershed ATTACHMENTS: • Two (2) copies of the Joint Funding 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.) This Joint Funding Agreement between the U.S. Geological Survey, Department of Interior, and Flood Control Zone District will provide for data collection, real-time data access, data reporting, and gaging equipment maintenance at 8 gaging stations in the Nooksack Watershed. Data collected supports WRIA 1 water resource management and salmon recovery efforts. The District share is $86,391 of a total program fixed cost of $137,500. 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. 130 WHATCOM COUNTY ��oM CO Jon Hutchings Public Works Dept. �� °ti Director Natural Resource Division 322 N. Commercial St., Suite 110 RECEIVED Bellingham, WA 98225 0 (360) 778-6230 9SH�N�'� MEMORANDUM JACK I-OUWS COUNTY EXECUTIVE TO: The Honorable Members of the Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Jon Hutchings, Public Works Directo FROM: Gary Stoyka, Natural Resource Manage John N. Thompson, Senior Salmon Reco tanner RE: Joint Funding Agreement for USGS Gaging Stations DATE: September 10, 2018 Enclosed are two (2) originals of a Joint Funding Agreement (No. 19WNWA20075) between the United States Department of Interior, U.S. Geological Survey (USGS) and Whatcom County Flood Control Zone District (FCZD) for your review and signature. ■ Background and Purpose This Joint Funding Agreement with the USGS will provide for continued data collection, real-time data access, and publication of surface water data at 8 stream gaging stations in the Nooksack River watershed for the 2019 water year (October 1, 2018 through September 30, 2019). These gaging stations were selected to provide data that complements data collected at other USGS and Ecology gaging sites and which collectively support watershed management and salmon recovery efforts in WRIA 1. ■ Funding Amount and Source This one-year agreement is for $86,391. A supplemental budget request (#2636) has been prepared and is scheduled for Board of Supervisor consideration and approval at the September 25, 2018 Council meeting. ■ Differences from Previous Contract This new agreement reflects a 3% increase over the previous agreement amount of $83,765 (WCC 201711007). Please contact Gary at extension 6218, if you have any questions or concerns regarding the terms of this agreement, Encl. V2.0 131 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET 9 0/ 9 0 ?00 7 Originating Department: Public Works Division/Program: (i.e. Dept. Division and Program) 907010/Watershed Management Plan Implementation Contract or Grant Administrator: John N. Thompson, Senior Planner Contractor's / Agency Name: U.S. Geological Survey Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes ® No ❑ If No, include WCC: Already approved? Council Approved Date: (Exclusions see: Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ❑ No ® If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ❑ No ® If yes, RFP and Bid number(s): Cost Center: 169121 Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ❑ Professional services agreement for certified/licensed professional. ❑ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ® Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount: (sum of original contract Council approval required for; all property leases, contracts or bid awards exceeding amount and any prior amendments): $40,000, and professional service contract amendments that have an increase greater $ 86,391 than $10,000 or 10% of contract amount, whichever is greater, except when: 1. Exercising an option contained in a contract previously approved by the council. This Amendment Amount: 2. Contract is for design, construction, r-o-w acquisition, prof services, or other $ capital costs approved by council in a capital budget appropriation ordinance. 3. Bid or award is for supplies. Total Amended Amount: 4. Equipment is included in Exhibit `B" of the Budget Ordinance $ 5. Contract is for manufacturer's technical support and hardware maintenance of electronic systems and/or technical support and software maintenance from the developer of proprietary software currently used by Whatcom County. Summary of Scope: This Joint Funding Agreement between the U.S. Geological Survey, Department of Interior, and Flood Control Zone District will provide for data collection, real-time data access, data reporting, and gaging equipment maintenance at 8 gaging stations in the Nooksack Watershed. Data collected support WRIA 1 water resource management and sahnon recovery efforts. District share is $86,391 of a total program fined cost of $137,500. Term of Contract: Fixed Amount Expiration Date: September 30, 201 Q Contract Routing: 1. Prepared by: JNT Date: 2. Attorney signoff. Christopher Quinn Date: 3. AS Finance reviewed: bbennett Z6 Date: 4. IT reviewed (if IT related): Date: 5. Contractor signed: 61-X Date: 6. Submitted to Exec.: Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: 8/21/2018 08/25/2018 9/07/2018 7-Z® lk 9-i4-/Y Last edited 08/08/18 132 COUNTY ORIGINAL, CONTRACT NO. Form 9-1366 U.S. DEPARTMENT OF THE INTERIOR Customer #:p- 6000000721 T (May 2018) GEOLOGICAL SURVEY Agreement #: 19WNWA20075 Project #: YGO01-11 U JOINT FUNDING AGREEMENT TIN #: 91-6001383 Fixed Cost Yes Agreement FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the, 1 day of October, 2018 by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the Whatcom County Flood Control Zone District, party of the second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed -price agreement for the operation and maintenance of the cooperative streamgaging program between the USGS and the Washington State Department of Ecology, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In -Kind Services in the amount of $ (a) by the party of the first part during the period Amount $51,109 Date October 1, 2018 (b) by the party of the second part during the period Amount $86,391 Date October 1, 2018 to Date September 30, 2019 to Date September 30, 2019 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of: Description of the USGS regional/nations program: USGS Federal Priority Streamgage Program (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 133 9-1366 (Continuation) Customer #: 6000000721 Agreement #: 19WNWA20075 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that scientific information and data development as a result of the Scope of Work (SOW) are subject to applicable USGS review, approval, and release requirements, which are available on the USGS Fundamental Science Practices website (https://www2.usas.00v/fsi)/). 9. Billing for this agreement will be rendered: QUARTERLY. Invoices not paid within 60 days from the billing date will bear Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. § 3717) established by the U.S. Treasury. U.S. Geological Survey United States Department of the Interior USGS Point of Contact Name: Mark Mastin Address: 934 Broadway, Suite 300 Tacoma, WA 98402 Telephone: 253-552-1609 Email: mcmastin@usgs.gov Org Code: GGWNYG0000 Signature and Date: Signature: Dater Name: Cynthia Barton, PhD, LHG, LG Title: Center Director Name of Customer Whatcom County Flood Control Zone District, Customer Point of Contact Name: John Thompson Address: 322 N. Commercial St, Suite 110 Bellingham, WA 98225 Telephone Email: Signature Date: Name: Title: Signature: Date: Name: Title: 360-778-6295 Jnthomps@co.whatcom.wa.us Signature and Date: �-�(a7 A-%1 c-ri ED 134 WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT: Recommended for Approval: Z?� 7e�y� �% Il Jon Hutchings Public Works Department Director Date Approved as to form Senior -CM -Deputy Prosecuting Attorney Date Approved: Accepted for Whatcom County Flood Control Zone District: By: Jack Louws, Whatcom County Executive, acting for the Whatcom County Flood Control Zone District Board of Supervisors 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 135 USGS - Whatcom County Flood Control Zone District Streamgaging Program, October 1, 2018 - September 30, 2019 Whatcom USGS County Flood USGS Station Control Zone Cooperative No. Station Name District Matching Funds Total Remarks NORTHWEST WASHINGTON FIELD OFFICE (FERNDALE), 360-312-8155 12205000 North Fork Nooksack River below Cascade Creek near Glacier Water temperature $2,593 $1,607 $4,200 Streamflow discharge with priority real- time data transmission is funded by Whatcom Co. Public Works Dept. (River and Flood Division) -separate USGS agreement. 12209490 Skookum Creek above Diversion near Wickersham Streamflow discharge $12,808 $7,972 $20,780 Water temperature $2,593 $1,607 $4,200 12210000 SF Nooksack River at Saxon Bridge Water temperature $4,200 $4,200 12210700 Nooksack River at North Cedarville Water temperature $2,593 $1,607 $4,200 Streamflow discharge with priority real- time data transmission is funded by a Whatcom Co. Public Works and Washington State DOE -through a separate USGS agreements. 12210900 Anderson Creek at Smith Road near Goshen Streamflow discharge $12,808 $7,972 $20,780 Water temperature $2,593 $1,607 $4,200 12212050 Fishtrap Creek at Front Street at Lynden Streamflow discharge $12,808 $7,972 $20,780 Water temperature $2,593 $1,607 $4,200 12212390 Bertrand Creek at International Boundary Streamflow discharge $12,808 $7,972 $20,780 Water temperature $2,593 $1,607 $4,200 12212430 Unnamed Tributary to Bertrand Creek near H Street near Lynden Streamflow discharge $12,808 $7,972 $20,780 Water temperature $2,593 $1,607 $4,200 TOTAL $86,391 $51,109 $137,500 136 WHATCOM COUNTY COUNCIL AGENDA BILL No 2018-262 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Austin Rose AR 0910412018 Finance/BOS Originator: 9/25/18 G. Stoyka Division Head: J. Hutchings Dept. Head: � � � � S P& 7 A l C. Quinn Prosecutor: KNF 0911012018 'r��r� 1" �,C��,, C — - ° ( M. Caldwell MD 911112018 Purchasing/Budget: O U NC R L COUNCIL C J. Louws Executive: TITLE 9F D U T: Grant Agreement #2019-17 for Whatcom County LIO Coordination ATTACHMENTS: 1) Memo 2) Contract Information Sheet 3) Grant Agreement and Exhibits 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 WRIA 1 Watershed Management Board acts as Local Integrating Organization (LIO) for water resources programs in the Whatcom County region. The WRIA 1 Management Team met on August 22, 2018 and approved the draft FFY 2018 LIO Coordination Scope of Work for the Whatcom County Flood Control Zone District as fiscal agent, acting on behalf of the WRIA 1 Watershed Management Board, for negotiating a contract with the Puget Sound Partnership. This agreement provides funds for tasks related to 1) Maintaining, Organizing, Facilitating and Administering a LIO, 2) Action Agenda Implementation, 3) Performance Management, and 4) Adaptive Management of LIO Ecosystem Recovery Plan. 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 137 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director iql a► Eel :7_10I11I1f►Til NATURAL RESOURCES 322 N. Commercial, Suite 110 Bellingham, WA 98225 Telephone: (360) 778-6230 FAX: (360) 778-6231 www.whatcomcountv.us SEP 13 2018 JACK LOUWS COUNTY EXECUTIVE TO: The Honorable Jack Louws, Executive for the Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Jon Hutchings, Public Works Director Vy FROM: Gary Stoyka, Natural Resources Manage 6l) Austin Rose, Planner I DATE: September 4, 2018 RE: Grant Agreement #2019-17 for Whatcom LIO Coordination Please find enclosed for your review and signature two (2) originals of Grant Agreement # 2019-17 between the State of Washington Puget Sound Partnership (PSP) and the Whatcom County Flood Control Zone District to coordinate the Whatcom County Local Integrating Organization (LIO). Requested Action Public Works respectfully requests that the County Executive approve and sign the attached grant agreement as the fiscal agent for the Whatcom County LIO. Background and Purpose The WRIA 1 Watershed Management Board acts as Local Integrating Organization (LIO) for water resources programs in the Whatcom County region. The WRIA 1 Management Team met on August 22, 2018 and approved the draft FFY 2018 LIO Coordination Scope of Work for the Whatcom County Flood Control Zone District as fiscal agent, acting on behalf of the WRIA 1 Watershed Management Board, for negotiating a contract with the Puget Sound Partnership. This agreement provides funds for tasks related to 1) Maintaining, Organizing, Facilitating and Administering a LIO, 2) Action Agenda Implementation, 3) Performance Management, and 4) Adaptive Management of LIO Ecosystem Recovery Plan. Funding Amount and Source This grant agreement with the Puget Sound Partnership provides $75,000 to complete tasks as outlined in the scope of work. Please contact Gary Stoyka at extension 6218 or Austin Rose at 6286 if you have any questions or concerns regarding the terms of this agreement. Encl. 138 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET Originating Department: Public Works Division/Program: (i.e. Dept. Division and Program) Natural ResourcesMhatcom Ll® 907010 Contract or Grant Administrator: Gary Stoyka/Austin Rose Contractor's / Agency Name: Puget Sound Partnership Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes ® No ❑ If No, include WCC: Already approved? Council Approved Date: (Exclusions see: Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ® No ❑ If yes, grantor agency contract number(s): 2019-17 CFDA#: 66.456 Is this contract grant funded? Yes ❑ No ❑ If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ❑ No ® If yes, RFP and Bid number(s): Cost Center: 169121 Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ❑ Professional services agreement for certified/licensed professional. ❑ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ® Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount: (sum of original contract Council approval required for; all property leases, contracts or bid awards exceeding amount and any prior amendments): $40,000, and professional service contract amendments that have an increase greater $ 75,000 than $10,000 or 10% of contract amount, whichever is greater, except when: 1. Exercising an option contained in a contract previously approved by the council. This Amendment Amount: 2. Contract is for design, construction, r-o-w acquisition, prof services, or other $ 0 capital costs approved by council in a capital budget appropriation ordinance. 3. Bid or award is for supplies. Total Amended Amount: $ 75,000 4. Equipment is included in Exhibit `B" of the Budget Ordinance 5. Contract is for manufacturer's technical support and hardware maintenance of electronic systems and/or technical support and software maintenance from the developer of proprietary software currently used by Whatcom County. Summary of Scope: The grant agreement provides funds for the coordination of the Whatcom LIO. Term of Contract: October 1, 2018 1. Expiration Date: September 30, 2019 Contract Routing: i . Prepared by: ARose Date: 09/04/2018 2. Attorney signoff: KNF Date: 09/10/2018 3. AS Finance reviewed: M Caldw Date: 9/11/2018 4. IT reviewed (if IT related): Date: 5. Contractor signed: Date: 6. Submitted to Exec.: Date: 12 191 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: l061 VVINA I L.,UIVI UkJ U IN I y PUGETSOUND CONTRACT NO. Ar �NERSHI Interagency Agreement ��- Agreement Number: 2019-17 Title: Whatcom Count LIO — FFY2018 Funding This agreement is made and entered into pursuant to the Interlocal Cooperation Act, RCW 39.34, by and between the state of Washington, Puget Sound Partnership (PSP), and the below named agency, hereinafter referred to as "CONTRACTOR." CONTRACTOR INFORMATION Project Manager , Whatcom County Gary Stoyka UBI: 600358208 Flood Control Zone District gstoykaCaDco.whatcom.wa.us EIN: 91-6001383 322 N. Commercial St., Suite 110 (360) 676-6876 DUNS:0060044641 Bellingham, WA. 98225 Type: Fiscal: Austin Rose arose[& -co. whatcom.wa. us (360) 778-6286 PSP INFORMATION Project Manager PUGET SOUND PARTNERSHIP Leah Kintner 326 EAST D STREET TACOMA, WA 98421-1801 Ieah.kintnerA_pso.wa.gov (360) 480-2880 PURPOSE The purpose of this agreement is to provide support for the coordination of the Whatcom County Local Integrating Organization (LIO). STATEMENT OF WORK The CONTRACTOR shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Exhibit B attached and incorporated herein. In the event that the CONTRACTOR is a Sub -Recipient (grantee), Exhibit B shall describe the activities of the Sub -Recipient that are eligible for reimbursement under the award or sub -award. PERIOD OF PERFORMANCE The period of performance under this agreement will be from October 1, 2018 or the date of execution (_ ), whichever is later, through September 30, 2019. No work shall commence under this agreement until it has been fully executed by both parties. COMPENSATION AND PAYMENT Compensation for the work provided in accordance with this agreement has been established under the terms of RCW 39.34.130. The parties have estimated that the cost of accomplishing the work herein will not exceed Seventy-five thousand dollars ($75,000). Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount prior to the commencement of any work which will cause the maximum payment to be exceeded. CONTRACTOR'S compensation for services rendered shall be in accordance with the Budget & Billing Procedures attached as Exhibit C. In the event that the CONTRACTOR is a Sub -Recipient, the total amount of the award or sub -award for reimbursable activities shall not exceed the above amount, also in accordance with the Budget & Billing Procedures attached as Exhibit C. FEDERAL FUNDING INFORMATION This Contract includes federal funding ® Yes ❑No CONTRACTOR is a Sub -Recipient for purposes of this agreement ® Yes ❑ No Federal Grant Federal Grant Award Federal Agency CFDA # CFDA Title Award Number Name Name AGREEMENT NO. 2019-17 Page 1 of 27 140 National Estuary CE-01J31901 Puget Sound Environmental 66.456 Program Partnership National Protection Agency Estuary Program TERMS AND CONDITIONS All rights and obligations of the parties to this contract shall be subject to and governed by the Terms and Conditions contained in the following exhibits, herein incorporated by reference. The contents of this Agreement include: 1. This contract cover sheet 2. Exhibit A — General Terms and Conditions 3. Exhibit B — Statement of Work 4. Exhibit C — Budget & Billing Procedures 5. Exhibit D - Lobbying Certification 6. Exhibit E — Sub -Recipient Federal Requirements (only if this is a Sub -Recipient contract) • Attachment 1- Federal Assurances Form 424B (Rev 4-2012) • Attachment 2- Federal Funding Accountability and Transparency Act Data Collection (FFATA form ORDER OF PRECEDENCE In the event of an inconsistency in this agreement, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State of Washington Statutes and regulations 2. This Agreement/Contract, including Exhibit A, General Terms and Conditions 3. Exhibit B, Statement of Work and Exhibit C, Budget & Billing Procedures 4. Any other Exhibit or provision, term or material incorporated herein by reference or otherwise incorporated ENTIRE AGREEMENT This agreement, including referenced exhibits and any other provision, term or material expressly incorporated by reference, represents all the terms and conditions agreed upon by the parties. No other statements or representations, written or oral, shall be deemed a part hereof. APPROVAL This agreement shall be subject to the written approval of the AGENCY'S authorized representative and shall not be binding until so approved. The agreement may be altered, amended, or waived only by a written amendment executed by both parties. This agreement is executed by the persons signing below, who warrant they have the authority to execute the agreement. Whatcom County Flood Cdntrol Zone District Puget Sound Partnership APPROVED AS TO FORM: A Jonathan Thompson Assistant Attorney General December 5, 2013 Date AGREEMENT NO. 2019-17 �c o e� �—b Date S1, Brent Barnes Date Chief Operating Officer Page 2 of 27 141 EXHIBIT A - GENERAL TERMS AND CONDITIONS Title: Whatcom County LIO — FFY2018 Funding 1. DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below: A. "AGENCY" means the Puget Sound Partnership (PSP) of the State of Washington, any division, section, office, unit or other entity of the AGENCY, or any of the officers or other officials lawfully representing that AGENCY. B. "AGENT" means the Director, and/or the delegate authorized in writing to act on the Director's behalf. C. "CONTRACTOR" means that firm, provider, organization, individual or other entity performing service(s) under this contract, and shall include all employees of the CONTRACTOR. D. "DEBARMENT" means an action taken by a Federal agency or official to exclude a person or business entity from participating in transactions involving certain federal funds. E. "EPA" means U.S. Environmental Protection Agency. F. "SUBCONTRACTOR" means one not in the employment of the CONTRACTOR, who is performing all or part of those services under this contract under a separate contract with the CONTRACTOR. The terms "SUBCONTRACTOR" and "SUBCONTRACTORS" means SUBCONTRACTOR(s) in any tier. G. "SUB -RECIPIENT" means a non -Federal entity that receives a subaward from a pass -through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Guidance on distinguishing between a subrecipient and a contractor is provided in 2 CFR §200.330. Subrecipient and contractor determinations. 2. AMERICANS WITH DISABILITIES ACT (ADA) If the contract includes federal funding, the CONTRACTOR must comply with Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities by entities receiving Federal financial assistance. The CONTRACTOR may also be required to comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this contract shall be made by the AGENCY. 4. AMENDMENT 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. 5. ASSIGNMENT The work to be provided under this Agreement, and any claim arising under this Agreement, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 6. ASSURANCES The parties agree that all activity pursuant to this Agreement shall be in accordance with all applicable federal, state and local laws, rules, and regulations as they currently exist or as amended. AGREEMENT NO. 2019-17 Page 3 of 27 142 Exhibit A General Terms and Conditions Title: Whatcom County LIO — FFY2018 Funding 7. CONFIDENTIALITY Confidential information: The CONTRACTOR shall not use or disclose any information concerning the AGENCY, or information that may be classified as confidential, for any purpose not directly connected with the administration of this contract, except with prior written consent of the AGENCY, or as may be required by law. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. However, the parties acknowledge that state and local agencies are subject to chapter 42.56 RCW, the Public Records Act. Personal Information (one form of confidential information): Personal information including, but not limited to, "Protected Health Information," collected, used, or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR shall ensure its directors, officers, employees, subcontractors or agents use personal information solely for the purposes of accomplishing the services set forth herein. CONTRACTOR and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency or as otherwise required by law. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR agrees to indemnify and hold harmless the AGENCY for any damages related to the CONTRACTOR'S unauthorized use of personal information. 8. CREDIT AND ACKNOWLEDGEMENT Reports, documents, signage, videos, or other media, developed as part of projects funded by EPA funded Agreements shall display both the EPA and Puget Sound Partnership logos and the following credit line: "This project has been funded wholly or in part by the United States Environmental Protection Agency under Assistance Agreement [CE-01J31901]. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." 9. DEBARMENT AND SUSPENSION CONTRACTOR, by signature to this Contract, certifies that CONTRACTOR is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (Debarred). CONTRACTOR shall comply with applicable federal agency debarment and suspension rules adopted pursuant to Office of Management and Budget guidance at 2 CFR Part 180, such as 2 CFR Part 1532 for the Environmental Protection Agency, which implement Executive Order 12549. CONTRACTOR acknowledges that failing to disclose the information required at 2 CFR 180.335 may result in the delay or negation of this contract, or pursuance of legal remedies, including suspension and debarment. CONTRACTOR shall not award subcontracts or subawards to persons (individuals or organizations) listed on the Excluded Parties List located at www.sam.gov/. CONTRACTOR agrees to include the above requirements in all subcontracts into which it enters. The CONTRACTOR shall immediately notify AGENCY if, during the term of this Contract, CONTRACTOR becomes debarred. AGENCY may immediately terminate this Contract by providing CONTRACTOR written notice if CONTRACTOR becomes Debarred during the term hereof. 10. DISALLOWED COSTS CONTRACTOR is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 11. DISPUTES In the event that CONTRACTOR is a state agency and a dispute arises under this Agreement, either of the parties may request intervention by the Governor, as provided by chapter 43.17.330 RCW, in which event the Governor's process will control. In the event that a dispute arises under this Agreement, and the CONTRACTOR is not a state agency, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional AGREEMENT NO. 2019-17 Page 4 of 27 iml Exhibit A General Terms and Conditions Title: Whatcom County LIO — FFY2018 Funding member to the Dispute Board. The Dispute Board shall evaluate the facts, Agreement terms, applicable statutes and rules, and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on both parties. The cost of resolution will be borne as allocated by the Dispute Board or the Governor. 12. DUPLICATION OF BILLED COSTS The CONTRACTOR shall not bill the Agency for services performed under this contract, and the Agency shall not pay the CONTRACTOR if the CONTRACTOR is entitled to payment or has been or will be paid by any other source, including grants, for that service. 13. 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 under this Agreement shall be in Superior Court for Thurston County. 14. HOTEL MOTEL FIRE SAFETY ACT The Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) establishes a number of fire safety standards which must be met for hotels and motels. Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a if any portion of this contract will be paid with federal funds, CONTRACTOR agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended. CONTRACTOR may search the Hotel -Motel National Master List at: http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance (FEMA ID is currently not required), or to find other information about the Act. If necessary, the head of the Federal agency may waive this prohibition in the public interest. 15. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of,this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 16. INTELLECTUAL PROPERTY RIGHTS Unless otherwise provided, all materials produced under this contract shall be considered "works for hire" as defined by the U.S. Copyright Act 17 U.S.C. § 101, et seq., and shall be owned by the AGENCY. Where federal funding is involved, the awarding federal agency may have a proprietary interest in patent rights to any inventions that are developed by the CONTRACTOR as provided in 35 U.S.C. §§ 200-212 and 37 CFR part 401 and retains a royalty -free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so. CONTRACTOR acknowledges that in accordance with 40 CFR 30.36 and 31.34, EPA has the rights to reproduce, publish, use, and authorize others to use copyrighted works or other data developed under this assistance agreement for Federal purposes. Examples of a Federal purpose include but are not limited to: (1) Use by EPA and other Federal employees for official Government purposes; (2) Use by Federal contractors performing specific tasks for the Government; (3) Publication in EPA documents provided the document does not disclose trade secrets (e.g. software codes) and the work is properly attributed to the recipient through citation or otherwise; (4) Reproduction of documents for inclusion in Federal depositories; (5) Use by State, tribal and local governments that carry out delegated Federal environmental programs as "co -regulators" or act as official partners with EPA to carry out a national environmental program within their jurisdiction and; (6) Limited use by other grantees to carry out Federal grants provided the use is consistent with the terms of EPA's authorization to the other grantee to use the copyrighted works or other data. Under Item 6, the grantee acknowledges that EPA may authorize another grantee(s) to use the copyrighted works or other data developed under this grant as a result of: AGREEMENT NO. 2019-17 Page 5 of 27 144 Cxmmn H General Terms and Conditions Title: Whatcom County LIO — FFY2018 Funding • the selection of another grantee by EPA to perform a project that will involve the use of the copyrighted works or other data or: • termination or expiration of this agreement. In addition, EPA may authorize another grantee to use copyrighted works or other data developed with Agency funds provided under this grant to perform another grant when such use promotes efficient and effective use of Federal grant funds. 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, register and the ability to transfer these rights. In the event the materials are not considered "works for hire" under the U.S. Copyright laws CONTRACTOR shall grant AGENCY, and any federal entity which provided federal funds used in this contract, retain a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Material which CONTRACTOR uses to perform the contract but is not created for or paid for by AGENCY is not "work made for hire"; however, CONTRACTOR shall grant the AGENCY a nonexclusive, royalty - free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display, provided that such license shall be limited to the extent which CONTRACTOR has a right to grant such a license to use this material for AGENCY internal purposes at no charge to AGENCY. The CONTRACTOR warrants and represents that CONTRACTOR has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the AGENCY. The AGENCY shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR with respect to any material delivered under this contract. The AGENCY shall have the right to modify or remove any restrictive markings placed upon the material by the CONTRACTOR. 17. LOBBYING PROHIBITED a. By signing this contract, CONTRACTOR agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying, 31 U.S.C. § 1352, and 40 CFR Part 30 if applicable. CONTRACTOR shall include the language of this provision in subcontracts that exceed $100,000 of federal funds and require all subcontractors to certify and disclose accordingly. b. No Federal appropriated funds shall be paid by or on behalf of the CONTRACTOR to any person for influencing or attempting to influence an officer or employee of any 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. c. If this contract includes federal funds exceeding $100,000, CONTRACTOR shall sign and submit to AGENCY Exhibit D, Attachment 2, PSP Certification Regarding Lobbying (based on EPA Form 6600-06 (Rev. 06/2008). If CONTRACTOR signed and submitted the PSP Certification Regarding Lobbying form during the procurement process for this contract it is not necessary to resubmit the certification. d. If CONTRACTOR expends non-federal funds in any amount to lobby as detailed in a., above, CONTRACTOR shall complete and submit to Standard Form LLL (Rev. 4/2012), Disclosure of Lobbying Activity. The form can be found at: http://www.epa.gov/ogd/AppKit/form/sflllin—sec.pdf. AGREEMENT NO. 2019-17 Page 6 of 27 .MR txhibit A General Terms and Conditions Title: Whatcom County LIO — FFY2018 Funding 18. LOBBYING AND LITIGATION The chief executive officer of CONTRACTOR shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. Cost principles in 2 CFR 200 shall be abided by. These principles generally prohibit the use of federal grant funds for litigation again the US or for lobbying or other political activities. NONDISCRIMINATION and DISADVANTAGED BUSINESS ENTERPRISES In accordance with 40 CFR 33.106 and its Appendix A, the CONTRACTOR shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 19. PAYMENT TO CONSULTANTS EPA will limit its participation in salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipients' contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices). Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR Parts 30 or 31, are not affected by this limitation unless the terms of the contract provide the recipient with responsibility for the selection, direction and control of the individual who will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 30.27(b) or 40 CFR 31.369j), as applicable, for additional information. As of January 1, 2018, the limit is $629.36 per day $78.67 per hour. (Calculations: 2018 Level IV Executive Schedule annual pay = $164,200 / 2087 = $78.67 per hour or $629.36 per day). 20. PROJECT APPROVAL The quality, extent and character of any and all work, deliverables and/or services to be performed under this agreement by the CONTRACTOR shall be subject to the review and approval of the AGENCY through the Project Manager or other designated official. In the event that the AGENCY determines, that any work, deliverable, and/or service performed by the CONTRACTOR is unsatisfactory, the AGENCY may withhold reimbursement for the unsatisfactory work performed by the CONTRACTOR or require that the CONTRACTOR remediate their work product to get it to the satisfaction of the AGENCY. The Parties may agree in the Statement of Work to specific approval, acceptance, and/or remediation terms. If the Statement of Work is silent on this topic, the Disputes provision, above, will govern the resolution process. 21. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. CONTRACTOR shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by the AGENCY, personnel duly authorized by the AGENCY, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If this contract exceeds $100,000 and any portion of the funding source is federal, the federal funding agency, the Comptroller General of the United States, or any duly authorized representatives shall have access to books documents, papers, and records of CONTRACTOR directly AGREEMENT NO. 2019-17 Page 7 of 27 146 Lxnlblt A General Terms and Conditions Title: Whatcom County LIO — FFY2018 Funding pertinent to this contract for purpose of making audits, examination, excerpts and transcriptions (40 CFR 30.48(d)). 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 resolved. 22. RECYCLED PAPER In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth. Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchases of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), Sub - Recipient agrees to use recycled paper and double sided printing for all reports which are prepared as part of this Agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. 23. RESPONSIBILITIES OF THE PARTIES Each party to this Agreement hereby assumes responsibility for claims and/or damages to persons and/or property resulting from any act or omissions on the part of itself, its employees, its officers, and its agents. Neither party assumes any responsibility to the other party for the consequences of any claim, act, or omission of any person, agency, firm, or corporation not a part to this Agreement. 24. SEVERABILITY If any term or condition of this Agreement is held invalid, such invalidity shall not affect the validity of the other terms or conditions of this Agreement. 25. SUBCONTRACTING Neither the CONTRACTOR nor any SUBCONTRACTOR shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the AGENCY. In no event shall the existence of the subcontract operate to release or reduce the liability of the contractor to the agency for any breach in the performance of the contractor's duties. This clause does not include contracts of employment between the contractor and personnel assigned to work under this contract. Additionally, the CONTRACTOR is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this agreement are carried forward to any subcontracts 26. TERMINATION DUE TO FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the AGENCY may terminate the contract under the "Termination for Convenience" clause, without the ten-day notice requirement, subject to renegotiation at the AGENCY'S discretion under those new funding limitations and conditions. 27. TERMINATION FOR CAUSE If for any cause either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. AGREEMENT NO. 2019-17 Page 8 of 27 147 Exhibit A General Terms and Conditions Title: Whatcom County LIO — FFY2018 Funding 28. TERMINATION FOR CONVENIENCE Either party may terminate this Agreement upon 30 calendar days' prior written notification to the other party. 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. 29. TREATMENT OF ASSETS a. Title to all property furnished by the AGENCY shall remain in the AGENCY. Title to all property furnished by the CONTRACTOR, for the cost of which the CONTRACTOR is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in the AGENCY upon delivery of such property by the CONTRACTOR. Title to other property, the cost of which is reimbursable to the CONTRACTOR under this contract, shall pass to and vest in the AGENCY upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by the AGENCY in whole or in part, whichever first occurs. b. Any property of the AGENCY furnished to the CONTRACTOR shall, unless otherwise provided herein or approved by the AGENCY, be used only for the performance of this contract. c. The CONTRACTOR shall be responsible for any loss or damage to property of the AGENCY that results from the negligence of the CONTRACTOR or which results from the failure on the part of the CONTRACTOR to maintain and administer that property in accordance with sound management practices. d. If any AGENCY property is lost, destroyed or damaged, the CONTRACTOR shall immediately notify the AGENCY and shall take all reasonable steps to protect the property from further damage. e. The CONTRACTOR shall surrender to the AGENCY all property of the AGENCY prior to settlement upon completion, termination or cancellation of this contract. f. All reference to the CONTRACTOR under this clause shall also include CONTRACTOR'S employees, agents or SUBCONTRACTORS. 30. 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 personnel authorized to bind each of the parties. AGREEMENT NO. 2019-17 Page 9 of 27 M• EXHIBIT B - STATEMENT OF WORK Title: Whatcom County LIO — FFY2018 Funding Task 1: Organize Support Administer, Facilitate and Coordinate a Local Integrating Organization The local integrating organization (LIO) is responsible for organizing and supporting a committee representing Action Agenda planning, local ecosystem recovery planning, and implementation interests. The Partnership will support the LIO through Ecosystem Recovery Coordinator (ERC) participation at LIO meetings as the Partnership budget allows. The LIO shall maintain sufficient administration, facilitation, and coordination capacity to support the on -going goals and objectives of a LIO. Required for FFY 2019 funding: Subtask 1.01 Maintain a local point of contact for the LIO. Subtask 1.02 Serve as an agent for local engagement and coordination in the LIO. Subtask 1.03 Administer the Whatcom LIO including arranging LIO meetings, preparing and distributing agendas, summaries, briefing papers, and other supporting materials, facilitating meetings and other tasks identified by the WRIA 1 Watershed Management Board or Management Team needed to support the LIO functions. LIO meetings include WRIA 1 Management Team, Steering Committee, and joint Staff Teams. These meetings are the framework for developing, vetting, and/or approving outcomes of subtasks outlined in each of the tasks in this scope of work. This is also the framework for discussing and coordinating LIO positions/responses/feedback to the regional Puget Sound committees. Subtask 1.04 Submit updated name, organizational affiliation, contact information (email), and role (which committee(s)) of each LIO member to the Partnership. Notify ERC and update member roster when there is a change to participation. Subtask 1.05 Maintain publicly -available information on the LIO, including notice of meetings, agendas, summary notes and/or opportunities for content review. Maintain LIO information on a public website. Subtask 1.06 Whatcom LIO participation in regional meetings and trainings may include: • Participate in four 5-6 hour in -person LIO Coordination meetings in Edmonds, WA. Possible dates for the LIO Coordinators in -person meetings are: AGREEMENT NO. 2019-17 o November 6, 2018 (Tuesday) Partnership may adjust the following dates to better align with Ecosystem Coordination Board (ECB) dates. Meetings will fall on a Tuesday. o February 12, 2019 (Tuesday) o May 7, 2019 (Tuesday) o August 6, 2019 (Tuesday) o November 5, 2019 (FYI only pertains to FFY 2020) Direct engagement in EPA convened meetings with LIO Coordinators and LIO policy bodies (these will be incorporated into in -person LIO Coordinator Meetings) Participate in up to eight hours of conference calls or web meetings Page 10 of 27 . e, Exhibit ti Statement of Work Title: Whatcom County LIO — FFY2018 Funding facilitated by the Partnership Subtask 1.07 Coordinate with the salmon recovery lead entity(ies) by beginning conversations around improved collaboration and participating in workshops and trainings. • Attend up to one workshop on integration in the Fall 2018 Attend up to one training on integration in the Spring 2019 Provide summary of coordination efforts (Summer 2019) Subtask 1.08 Attend and present at the 2019 Puget Sound Summit. The 2019 Puget Sound Summit invites local, sub -regional and regional partners together to learn and workshop LIO ecosystem recovery efforts in order to build and improve cross - scale coordination. • LIO Coordinator will attend an all -day Summit (Spring 2019) • Present to Summit Attendees. Details and format of presentation TBD. r • ' • r , • t, r Local Integrating Organizations serve an important role in coordinating local implementation of priorities identified in the Puget Sound Action Agenda and are an essential element in the Puget Sound National Estuary Program (NEP) funding model. Work under this task addresses Near Term Actions (NTA) in the 2018 — 2022 Action Agenda and the approaches identified in LIO Ecosystem Recovery Plans. Required for FFY2019 funding: Subtask 2.01 Support and steward the 2018 — 2022 Action Agenda. Coordinate and.catalyze implementation of NTAs. • Facilitate process for LIO to address common barriers, gaps, opportunities, and encourage best practices throughout LIO geography • Identify existing funding sources and leverage existing partnerships that can contribute to NTA implementation • Assist NTA owners in identification of funding opportunities through such means as: o Distributing funding opportunities to NTA owners and o Working with the LIO Committees to identify funding strategies for local priority actions. Subtask 2.02 Participate in the 2018-2022 Action Agenda adoption process and after action review. • Participate in the after action review. Type and level of engagement TBD. Recommended to set aside 16-24 hours in spring 2019. Subtask 2.03 Coordinate and execute a process to identify and recommend NTA(s) for direct funding from the Strategic Initiative Leads (SI Leads). Communicate process and recommended NTA(s) to SI Leads and the Partnership. Subtask 2.04 Provide input on the 2022-2026 Action Agenda Comprehensive Plan update, expected to begin summer 2019. Task 3: Performance Management The LIO shall report on progress of sub -tasks and deliverables through a quarterly progress report provided to the Partnership by the following dates: January 15, 2019; April 15, 2019; July 15, 2019; and AGREEMENT NO. 2019-17 Page 11 of 27 150 Exhibit B Statement of Work Title: Whatcom County LIO — FFY2018 Funding September 30, 2019. The LIO shall provide monthly invoices with brief explanations of activities two weeks after the end of each month. These reports (progress reports and invoices) will be used by the Partnership for the Financial Ecosystem Assessment Tracking system (FEATs), NEPORT, NEP Atlas, and other reporting needs. Required for FFY2019 funding: Subtask 3.01 Send progress reports by Task on a quarterly basis (January 15, 2019; April 15, 2019; July 15, 2019; and September 30, 2019) to the Partnership using the Partnership -provided reporting formats (i.e. progress report template). Subtask 3.02 Send billing summary by Task, and proof of expenditure for grant activities on a monthly basis to the Partnership using the Partnership -provided reporting formats (i.e. the "Paypack" document). Subtask 3.03 Assist in ensuring information on NTA progress is available at least twice yearly and financial data on annual basis using Smartsheet (NTA owner is responsible for providing this information). ■ Using owner completed NTA report cards ensure LIO Management Team is aware of NTA implementation status. ■ Using owner completed NTA report cards' annual financial data, ensure LIO Management Team is aware of implementation costs of local NTAs. ■ Monitor/track reporting as necessary to confirm reporting by NTA owners to PSP is occurring, and assists Partnership in outreach to NTA owner if NTA owner is not responsive. Subtask 3.04 Distribute Progress Report to LIO committee(s) at least quarterly. Task 4: Support Communication Adaptive Management and Synthesis of LIO Ecosystem Recovery Plans The LIO shall manage revisions and communicate LIO Ecosystem Recovery Plan (Plan) content in coordination with local and regional partners. Adaptively managing and strategically communicating the LIO Plan engenders confidence in local and regional decision makers that there are well defined problems in Puget Sound at the LIO scale, that LIOs know what to do to address them, that the LIO knows which partners to engage and for what purpose, and that the work at the LIO level is well integrated into an overall strategy for Puget Sound Recovery. The Plan serves as a longer term strategic framework from which the Partnership and other partners can produce a variety of products associated with planning and communicating Puget Sound recovery goals, strategies, outcomes, barriers and solutions. Examples of these products include Implementation Strategies and a variety of LIO Plan Synthesis products. Required for FFY2019 funding: Subtask 4.01 Contribute to communications development, products, and presentations of LIO Recovery Plans (Fall 2018 - Summer 2019) At least two of the following activities required: AGREEMENT NO. 2019-17 • Provide draft outlines or examples of preferred report format and content to Partnership. Partnership will provide additional guidance on this activity. • Provide feedback on draft reporting templates created by Partnership in Page 12 of 27 151 txnibit b Statement of Work Title: Whatcom County LIO — FFY2018 Funding response to LIO priorities Subtask 4.02 Adaptively manage LIO Ecosystem Recovery Plan. (Fall'18- Summer'19) Required: • Identify priority adaptive management activities for 2018 and beyond, and advance implementation and/or refine and define goals. • Communicate & provide adaptive management needs and updates to the ERC and data steward for purposes of updating Miradi files (e.g., goals, objectives, results chains, NTAs). • Maintain and update the LIO Plan in Miradi files with 2018 near term actions and associated information provided by NTA owners (i.e., performance measures, goals) and updates based on adaptive management of LIO plans. • Continue to develop quantitative goal statements for priority vital signs and/or pressure sources, stressors and common intermediate performance measures Subtask 4.03 Support LIO Ecosystem Recovery Plan synthesis development for Implementation Strategy integration and other regional product integration. Required: • Review and provide feedback on the draft LIO Synthesis development, content and format. Subtask 4.04 Support implementation and coordination of education/outreach related to the local plan. Schedule and Deliverables The following table translates the subtasks identified previously into the deliverables and timeline for which the Fiscal Agent will be responsible for from October 1, 2018 —September 30, 2019. Summaries of progress towards subtasks are to be included in quarterly progress reports, and deliverables are to be provided to the Partnership within two weeks of the end of each reporting period in which they were completed, as noted in the table, but no later than January 15, 2019; April 15, 2019; July 15, 2019; and September 30, 2019. AGREEMENT NO. 2019-17 Page 13 of 27 152 Exhibit B Statement of Work Title: Whatcom County LIO — FFY2018 Funding Table 1: Summary of LIO Coordination Grant Scope of Work Deliverables and Budget for October 2018 — September 2019. 1�� ry a e f e5 Task 1: Maintain, Organize, Facilitate and Administer a Local Integrating Organization - $ 33,428 Subtask 1.03 • Submit LIO committee meeting materials including agendas and other meeting materials (via Box contract folder). X X X X • Develop and distribute summary meeting notes and materials to committees and the Partnership (via Box contract folder). Subtask 1.04 Submit updated name and organizational affiliation of each LIO member to X X X X the Partnership via ERC. Provide link or list in quarterly progress reports. Subtask 1.05 Provide link to LIOs publicly -available website to the Partnership and X X X describe updates to the website in quarterly progress reports. Subtask 1.06 Attendance at meeting as reflected on the attendance sheets and X X X X summaries written by Partnership staff Subtask 1.07 • Provide summary of salmon recovery coordination efforts via X X X template provided by Partnership Subtask 1.08 • Attendance at Summit as reflected in sign -in sheet X X • Presentation materials to be uploaded to Box contract folder Task 2: Puget Sound Action Agenda Implementation - $9,870 Subtask 2.01 A list of funding opportunities shared with NTA owners Brief description of how you connected NTA owners to funding X X X X opportunities Description of process to address common barriers Subtask 2.02 • Complete after action review engagement and provide necessary X X materials (details TBD) Subtask 2.03 Notify the Partnership of the NTA recommended for direct funding from the X X Strategic Initiative Leads. These deliverables are rolling and dependent on SI X X funding guidance and funding cycles. AGREEMENT NO. 2019-17 Page 14 of 27 153 Exhibit B Statement of Work Title: Whatcom County LIO — FFY2018 Funding Task'3: Performance Management - $6,066 Subtask 3.01 Send progress reports by task and associated deliverables on a quarterly basis (January 15, 2019; April 15, 2019; July 15, 2019; and September 30, X X X 2019) to the Partnership using the Partnership -provided reporting formats (i.e. progress report template). Subtask 3.02 Send billing summary by task, and proof of expenditure for grant activities monthly to the Partnership using the Partnership — provided X X X X reporting formats (i.e. the "Paypack" document) (Final billing invoice due October 2019) Subtask 3.03 Provide to the Partnership an update on outreach to the NTA owners, if assistance from Partnership staff is requested, in two quarterly progress reports. Subtask 3.04 Distribute Progress Report to LIO committee(s) at least quarterly. Task 4: Support communication and adaptive management of LIO Ecosystem Recovery Plan`- $25,636 Subtask 4.01 • Provide copy of draft reporting templates and/or outlines to X X X X Partnership via contract Box folder Subtask 4.02 • Provide description of priority adaptive management activities for 2018 and beyond to ERC in progress report • Track, update and report changes (including reason for change) to X X X X the Partnership on the LIO Ecosystem Recovery Plan and project file in Miradi (i.e. briefly note if changes were made in Miradi in quarterly progress report). Subtask 4.03 • Provide written feedback on the draft LIO Synthesis Products X X X X and/or Implementation Strategies to the Partnership. Subtask 4.04 • Submit education and outreach materials to Partnership via contract Box folder. W"'EMITIA, cy� y, u bi 4 y PROGRAM SPECIFIC REQUIREMENTS/NARRATIVE Staffing Requirements: The PSP Executive Director or designee must approve project personnel changes. AGREEMENT NO. 2019-17 Page 15 of 27 154 EXHIBIT C - Budget & Billing Procedures Title: Whatcom County LIO - FFY2018 Funding f'-r-f fi7n1a.17 Project Title: Whatcom County LIO - FFY2018 Funding TASK 1 TASK 2 TASK 3 TASK 4 TOTAL Maintain, Organize, Facilitate and Administer LIO Steward and Implement Action Agenda Performance Management Support adaptive management of Ecosystem Recovery Plan BUDGET CATEGORY Hourly Rate # of Hours COST # of Hours COST # of Hours COST # of Hours COST # of Hours COST SALARY COSTS Planner 1 $30.27 48.0 $ 1,453 $ 60.0 $ 1,816 $ 106.0 $ 3,269 TOTAL SALARY $ 1,453 $ $ 1,816 $ $ 3,269 FRINGE BENEFITS Planner 74.0% $ 1,075 $ $ 1,344 $ $ 2,419 TOTAL BENEFITS $ 11075 $ - $ 1,344 $ $ 2,419 TRAVEL EXPENSES (111/18 mileage rate = $0.5451 1,260 $ 687 $ - $ - $ - $ 687 1260 TOTAL TRAVEL $ 687 $ $ $ $ 687 SUPPLIES Community Outreach supplies Copies/Supplies other subtasks $ - $ - $ - $ $ - $ - $ 900 $ 196 $ 900 $ 196 TOTAL SUPPLIES $ $ $ $ 1,096 $ 1,096 Contractual Sub -contractor LIO Coordinator ($70 per hour) 428 $ 29,960 141 $ 9,870 37 $ 2,590 360 S 24,540 $ 66,960 TOTAL SUBCONTRACTS $ 29,960 $ 9,870 $ 2,590 $ 24,540 $ 66,960 TOTAL DIRECT COSTS $ 33,175 $ 9,870 $ 5,750 $ 26,638 $ 74,431 INDIRECT COSTS 10% $ 253 $ - $ 316 $ - $ 569 TOTAL COSTS $ 33,428 $ 9,870 $ 6,066 $ 25,636 $ 76,000 AGREEMENT NO. 2019-17 Page 16 of 27 155 Exhibit C Budget & Billing Procedures Title: Whatcom County LIO — FFY2018 Funding BILLING PROCEDURES The AGENCY shall reimburse the CONTRACTOR upon review and approval of work performed under the scope of this agreement and receipt of properly completed reimbursement requests. THE AGENCY will pay for work and expenses that occurred within the period of performance. The AGENCY reserves the right to withhold 10% of the payment under each reimbursement request until satisfactory completion of the project. Payment may be withheld if required work, services, progress reports and/or deliverables are not submitted to the satisfaction of the AGENCY. The AGENCY may terminate the agreement or withhold payments claimed by the CONTRACTOR for services rendered if the CONTRACTOR fails to comply with any term or condition of this contract. The AGENCY will pay indirect costs as approved in the budget. The CONTRACTOR may be required to submit a copy of their current federally approved indirect cost rate. The CONTRACTOR shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by the AGENCY as reimbursable. Such expenses may include airfare (economy or coach class only), other transportation expenses, lodging and subsistence necessary during periods of required travel at the current state reimbursement rates (http://www.ofm.wa.,qov/resources/travel.asp ). If the CONTRACTOR expends more than the amount of the AGENCY funding in this agreement in anticipation of receiving additional funds from the AGENCY, it does so at its own risk. The AGENCY is not legally obligated to reimburse the CONTRACTOR for costs incurred in excess of the AGENCY's approved budget. The CONTRACTOR shall submit a monthly invoice voucher or equivalent document to the AGENCY unless the agreement has been identified as a "deliverable -based" contract with specific due date or special conditions that have been approved by the PSP Project Manager. Payment for approved goods and/or services will be made by check, warrant or electronic fund transfer (EFT) within 30 days of receipt of the invoice. The CONTRACTOR must submit invoices for all work done within a fiscal year 30 days after the end of the fiscal year. Invoices shall be paid within 30 days after the final invoice has been submitted. BILLING CONDITIONS: All Contractors/LIOs must submit any budget changes to PSP for sufficient processing time of any amendment execution between PSP and the Contractor/LIO. If information provided does not allow for sufficient processing time, PSP will not adjust or pay for any invoices or billing over the 10% of the total amount listed for each task or subtask even if the added total amounts for those tasks/subtasks does not exceed the total budget. BILLING DETAIL Each invoice voucher or equivalent document submitted to the AGENCY by the CONTRACTOR must include all necessary information for the AGENCY to verify all expenditures. At a minimum, the CONTRACTOR shall specify the following: 1. The PSP contract/agreement number. 2. The time -period during which the services were performed. 3. A description of purchases, work and services performed. 4. Total invoice amount. 5. Expenditure detail based on the approved budget. Supporting documentation must include the same level of detail as the approved budget, such as: a. Task Number AGREEMENT NO. 2019-17 Page 17 of 27 156 Exhibit C Budget & Billing Procedures Title: Whatcom County LIO — FFY2018 Funding b. Budget category (personnel, goods/services, subcontractors) c. Number of hours billed, if applicable and d. Hourly rate, if applicable. 6. A receipt must accompany any single expense in the amount of $50.00 or more. 7. If match is required: a. match requirement met during the billing period, and b. cumulative match requirement met 8. A progress report describing the deliverables completed during the reimbursement request period. The AGENCY shall not process payments if the CONTRACTOR fails to submit the required documentation. Submit reimbursement requests to: Puget Sound Partnership Fiscal Unit 326 East D Street Tacoma, WA 98421-1801 Requests may be submitted electronically to psptiscal(aD-,osp. wa.gov Payment shall be considered timely if made by the AGENCY within thirty (30) calendar days after receipt of properly completed reimbursement request. AGREEMENT NO. 2019-17 Page 18 of 27 157 Exhibit D PSP Agreement #2019-17 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) 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 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, 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 agency, 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. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. 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. Jack Lom County Executive Typed Name & Title of Authorized Representative Signature and Date of Authorized Representative PSP form (rev 8/2013) based on EPA form 5500-06 (Rev. 06/2008) Previous editions are obsolete. AGREEMENT NO. 2019-17 Page 19 of 27 158 Puget Sound Partnership SUB -RECIPIENT FEDERAL REQUIREMENTS Title: Whatcom County LIO — FFY2018 Funding 1. INTRODUCTION This Exhibit E contains provisions that are not listed on OMB Standard Form 424B (Rev 4- 2012). These provisions apply only to Sub -recipients. 2. AUDIT REQUIREMENTS Sub -recipient CONTRACTOR shall meet the provisions in Office of Management and Budget (OMB) Guidance, Subpart F, §200.501 (Audit Requirements), if the CONTRACTOR expends $750,000 or more in total Federal funds in a fiscal year. The $750,000 threshold for each year is a cumulative total of all federal funding from all sources. The CONTRACTOR shall forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to AGENCY within ninety (90) days of the date of the audit report. For complete information on how to accomplish the single audit submissions, visit the Federal Audit Clearinghouse Web site: http://harvester.census.gov/facweb/ 3. COST PRINCIPLES/INDIRECT COSTS FOR STATE AGENCIES GRANT RECIPIENT agrees to comply with the cost principles of 2 CFR 200 Subpart E as appropriate to the award. In addition to the US Environmental Protection Agency's General Terms and Conditions "Indirect Cost Rate Agreements", if the recipient does not have a previously established indirect cost rate, it agrees to prepare and submit its indirect cost rate proposal in accordance with 2 CFR 200 Appendix VII. 4. CIVIL RIGHTS OBLIGATIONS This term and condition incorporates by reference the signed assurance provided by the recipient's authorized representative on Standard Form 424B. These assurances and this term and condition obligate the recipient to comply fully with applicable civil rights statutes and implementing EPA regulations. 5. CYBERSECURITY CONDITION The subrecipient(s) must comply with the recipient's requirements (section (b) (1) — EPA must ensure that any connections between the recipient' network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure) if the subrecipients network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA's Central Data Exchange. 6. NON DISCRIMINATION AND DISADVANTAGED, MBE, WBE BUSINESS ENTERPRISES ADDITIONAL REQUIREMENTS CONTRACTOR agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority, and Women's Business Enterprises in procurement, contained in 40 CFR, Part AGREEMENT NO. 2019-17 Page 20 of 27 WIL61 33. CONTRACTOR shall include the following provision in all subcontracts involving use of federal funds: In accordance with 40 CFR 33.106 and its Appendix A, the CONTRACTOR shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor administration shall carry out applicable requirements of 40 CFR part 33 in the award of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 7. DRUG FREE WORKPLACE CONTRACTOR (Sub -Recipient) shall make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536 Subpart B. Additionally, in accordance with these regulations, the recipient organization shall identify all known workplaces under its federal award and keep this information on file during the performance of the award. CONTRACTORS who are individuals must comply with the drug -free provisions set forth in Title 2 CFR Part 1536 Subpart C. The consequences for violating this condition are detailed under Title 2 CFR Part 1536 Subpart E. Recipient can access the Code of Federal Regulations (CFR) Title 2 Part 1536 at: http://ecfr.gpoaccess.go_v_. 8. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS a. In order to comply with the FFATA, the Sub -Recipient shall complete the FFATA Data Collection Form (FFATA Data Collection Form, Exhibit E, Attachment 2) and return it to the AGENCY. The AGENCY will report basic agreement information, including the required DUNS number, for all federally -funded agreements at www.fsrs.-gov. This information will be made available to the public at www.usaspending.gov. Sub -Recipients who do not have a DUNS number can find guidance at www.grants.gov. Please note that AGENCY will not pay any invoices until it has received the completed FFATA Data Collection Form. b. To comply with the act and be eligible to enter into this contract, your organization must have a Data Universal Numbering System (DUNS®) number. A DUNS® number provides a method to verify data about your organization. If you do not already have one, you may receive a DUNS® number free of charge by contacting Dun and Bradstreet at www.dnb.com. c. Any sub -recipient that meets each of the below criteria must also report compensation for its five top executives, using AGENCY's Federal Funding Accountability and Transparency Act (FFATA) Data Collection Form if the sub -recipient meets the following criteria: • Receives more than $25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. • Receives more than $25,000,000 in annual federal funds. • The public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(A) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78(d) or section 6104 of the Internal Revenue Code of 1986. AGREEMENT NO. 2019-17 Page 21 of 27 160 See www.fsrs.gov for details of this requirement. If your organization falls into this above category, you must report the required information to AGENCY. 9. INTERNATIONAL TRAVEL (Including Canada All International Travel must be approved by the US Environmental Protection Agency's, Office of International and Tribal Affairs (OITA) BEFORE travel occurs. Even a brief trip to a foreign country, for example to attend a conference, requires OITA approval. Please contact your Partnership Project manager as soon as possible if travel is planned out of the country, including Canada and/or Mexico, so that they can submit a request to the EPA Project Officer if they approve of such travel. 10. LEP (Limited English Proficiency) Title VI As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals. In implementing that requirement, the Sub - recipient agrees to use as a guide the Office of Civil Rights (OCR) document entitled "Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons." The guidance can be found at http•//frwebgate access qpo gov/cqi-bin/getdoc cgi?dbname=2004 register&docid=fr25in04-79.pd. In accepting this contract, the recipient acknowledges it has an affirmative obligation to implement effective Title VI compliance programs and ensure that its actions do not involve discriminatory treatment and do not have discriminatory effects even when facially neutral. The recipient must be prepared to demonstrate to EPA/PSP that such compliance programs exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI obligations. For example, if CONTRACTOR's responsibilities under this contract include gathering public input on an environmental issue, CONTRACTOR's communication with the public should attempt to minimize barriers that interfere with the ability of LEP persons to meaningfully participate. 11. MANAGEMENT FEES Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this CONTRACT. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 12. PEER REVIEW The results of this project may affect management decisions relating to Puget Sound. Prior to finalizing any significant technical products the Principal Investigator (PI) of this project must solicit advice, review, and feedback from a technical review or advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the funded study. 13. REIMBURSEMENT LIMITATION If CONTRACTOR expends more than the amount of the Environmental Protection Agency (EPA) funding in this agreement in anticipation of receiving additional funds from EPA, it does AGREEMENT NO. 2019-17 Page 22 of 27 161 so at its own risk. EPA is not legally obligated to reimburse PSP, nor its sub -recipients, for costs incurred in excess of the EPA approved budget. 14. SEMI-ANNUAL AND ANNUAL PERFORMANCE REPORTS The Sub -recipient shall submit performance reports during the life of the project, as specified in the statement of work or work plan developed under this contract. In addition to the periodic performance reports, the recipient shall submit a final performance report, which is due 90 calendar days after the expiration or termination of the award, or as specified in the work plan or statement of work. The report shall be submitted to the PSP Project Officer and may be provided electronically. The report shall generally contain the same information as in the periodic reports, but should cover the entire project period. After completion of the project, the PSP Project Officer may waive the requirement for a final performance report if the PSP Project Officer deems such a report is inappropriate or unnecessary. 15. SIX GOOD FAITH EFFORTS, 40 CFR, PART 33, SUBPART C Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, service and supplies under an EPA financial assistance agreement, and to require that subrecipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients, this will include placing DBEs on solicitation lists and soliciting whenever they are potential sources. b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation b DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraph (a) through (e) of this section. 16. SUB -AWARDS If CONTRACTOR (Sub -Recipient) makes sub -awards under this contract, CONTRACTOR is responsible for selecting its sub-awardees and, if applicable, for conducting sub -award competitions. CONTRACTOR agrees to: a. Establish all sub -award agreements in writing; b. Maintain primary responsibility for ensuring successful completion of the approved project (Sub -Recipient cannot delegate or transfer this responsibility to a sub-awardee); AGREEMENT NO. 2019-17 Page 23 of 27 162 c. Ensure that any sub -awards comply with the standards in Section 210(a)-(d) of OMB Circular A-133, and are not used to acquire commercial goods or services for the sub- awardee; d. Ensure that any sub -awards to 501(c)(4) organizations do not involve lobbying activities; e. Monitor the performance of sub-awardees, and ensure sub-awardees comply with all applicable regulations, statutes, and terms and conditions which flow down in the sub - award; f. Obtain AGENCY's consent before making a sub -award to a foreign or international organization, or a sub -award to be performed in a foreign country; and g. Obtain approval from AGENCY for any new sub -award work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable. 17. TRAFFICKING IN PERSONS AND TRAFFICKING VICTIM PROTECTION ACT OF 2000 (TVPA) AS AMENDED IN 22 U.S.C. 7104(g) This provision applies only to a Sub -Recipient, and all sub-awardees of Sub -Recipient, if any. See page one (1) of this contract for determination of whether CONTRACTOR is a sub - recipient. Sub -Recipient shall include the following statement in all sub -awards made to any private entity under this Agreement. "You as the Sub -Recipient, your employees, sub-awardees under this award, and sub- awardees' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub -awards under this Award." Sub -Recipient, and all sub-awardees of Sub -Recipient must inform AGENCY immediately of any information you receive from any source alleging a violation of this prohibition during the award term. Federal agency funding this agreement may unilaterally terminate, without penalty, the funding award if this prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000, as amended. 18. UNLIQUIDATED OBLIGATIONS (ULO) Sub -recipients, and all sub-awardees of Sub -Recipients, if any, should manage their agreement and subaward funding in ways that reduce the length of time that federal funds obligated and committed to subaward projects are unspent (not yet drawn down through disbursements to sub -recipients and sub-awardees). AGREEMENT NO. 2019-17 Page 24 of 27 .11OI View Burden Statement ASSURANCES - NON -CONSTRUCTION PROGRAMS OMB Number: 4040-0007 Expiration Date: 01/31/2019 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition Usable AGREEMENT NO. 2019-17 Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vill of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Authorized for Local Reproduction Page 25 of 27 Standard Form 424E (Rev. 7-97) Prescribed by OMB Circular A-102 164 9. Will comply, as applicable, with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act (40 U.S.C. §§327- (identification and protection of historic properties), and 333), regarding labor standards for federally -assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974 (16 U.S.C. §§469a-1 et seq.). 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c)' of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE ;lack, Man County cutiv APPLICANT ORGANIZATION DATE SUBMITTED W kaf Cow\ Flo o k C hfr -Z e- 577.1 AGREEMENT NO. 2019-17 Standard Form 424E (Rev. 7-97) Back Page 26 of 27 i Me 105 PUGETSOUND PARTNERSHIP 424B (Rev 4-2012) Federal Funding Accountability and Transparency Act Data Collection Form This award is supported by Federal Funds that require compliance with the Federal Funding Accountability and Transparency Act. The purpose of the Transparency Act is to make information available online so the public can see how Federal Funds are spent. To comply with the act and be eligible to receive this award, your organization must have a Data Universal Numbering System (DUNS®) number. If you do not already have one, you may receive a DUNS ® number free of charge by contacting Dun and Bradstreet at www.dnb.com. The Puget Sound Partnership (PSP) also encourages registration with the System for Award Management (SAM) to reduce data entry by both PSP and your organization. You may register with SAM Free of Charge at www.sam.gov. Information about your organization and this grant will be reported by PSP to the Federal government as required by P.L 109-282. This information will then be made available to the public by the Federal Government on www.USASpending.gov. Subrecipient 1. Legal Name 2. Duns Number 3. Principle Place of Performance 3a. City 3b. State 3c. Zip +4 3d. Country 4. Are you registered in SAM? ❑ Yes ❑ No If yes, skip to signature block. Sign, Date & Return 5. In the preceding fiscal year, did your organization: a. Receive 80% or more of annual gross revenue from Federal contracts, subcontracts, grants, loans, subgrants, loans and/or cooperative agreements, AND b. $25,000 or more in annual gross revenues from Federal contracts, subcontracts, grants, loans, subgrants, loans and/or cooperative agreements, AND c. Receives more than $25,000,000 in annual federal funds. d. The public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(A) or 15(d) of the Securities and Exchange Act of 1934 15 U.S.C. 78m a , 78 d or section 6104 of the Internal Revenue Code of 1986. ❑ No — skip to signature block. Sign, Date, & Return ❑ Yes — you must report the names and total compensation of the top 5 highly compensated officials of your organization Name of Official Total Compensation 1. $ Annual/ 2. $ Annual/ 3. $ Annual/ 4. $ Annual) 5 $ Annual) NOTE: Total compensation for the purposes of this requirement generally means the cash and non -cash value earned by the executive during the past fiscal year and includes salary and bonus; awards of stock; stock options and stock appreciation rights; and other compensation such as severance and termination payments, and value of life insurance paid on behalf of the employee, and as otherwise provided by FFATA and applicable OMB guidance. By signing this document, the Authorized Representative attests to this information Signature of Authorized Representative Date Printed Name of Authorized Representative Jack Louws County Execrative AGREEMENT NO. 2019-17 Page 27 of 27 166 WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT: Recommended for Approval: /3 Jon Hutchings, Public s Direc or Date Approved as to form: afi Prate Date _LWaf G W Deputy Prosecuting At orney Approved: Accepted for Whatcom County Flood Control Zone District: Bv: 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 167 2-A WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018-263 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Kraig Olason s� ) �� 9125118 Finance Division Head. FCZD Board of Kraig Olason � ' �d (' '1 7 9125118 Supervisors Dept. Head: Jon Hutchings (a� %l�� 1 Prosecutor: KNF 09107118 Karen Frakes C O U""' a .l,n,, t v Purchasing/Budget: Brad Bennett BbA h 09107118 5 Jack ack Live: J�P�ouivs TITLE OF DOS NT.- Construction Contract Award: North Cottonwood Stormwater Improvements — Hazel Lane ATTACHMENTS: 1. Memorandum to County Executive and FCZD Board of Supervisors 2. Approval for Contract Award endorsed by the Executive 3. Project Cost Breakdown 4. Project Narrative: Summary and Vicinity Map 5. Bid Tabulation 6. Low Bid Proposal 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 respectfully requests that the Flood Control Zone District Board of Supervisors authorize the County Executive to approve the following: 1. The North Cottonwood Stormwater Improvements— Hazel Lane as a 2018 capital improvement project. 2. The contract award to Strider Construction Company, Inc. as low bidder in the amount of $279,435.00 for the North Cottonwood Stormwater Improvements — Hazel Lane project in Birch Bay, Bid #18-44. COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. .: WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director �60M CO ti tL9`�ri�N�S0 MEMORANDUM STORMWATER/NPDES 322 N. Commercial, Suite 224 Bellingham, WA 98225 Main: (360) 778-6210 FAX: (360) 778-6201 www. whatcoancouraty,gS RECEIVED JACK LOUVVS TO: The Honorable Jack Louws, County Executive, and COUNTY EXECUTIVE The Honorable Members of the Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Jon Hutchings, Public Works Director., FROM: Kraig Olason, Stormwater Program Manager DATE: September 7, 2018 RE: Bid # 18-44, North Cottonwood Stormwater Improvements — Hazel Lane Construction Contract Award to Strider Construction Company, Inc. Please find enclosed for your review and approval a contract award package for the North Cottonwood Stormwater Improvements — Hazel Lane capital improvement project in the Birch Bay watershed. This package consists of an agenda bill, project summary and vicinity map, project cost breakdown, bid tabulation, and the lowest apparent bid proposal. Bid proposals for this project were opened at 2:30 p.m. on Tuesday, September 4, 2018. ■ Requested Action Public Works requests that the Flood Control Zone District Board of Supervisors authorize the County Executive to approve the North Cottonwood Stormwater Improvements — Hazel Lane project for 2018. Pursuant to Resolution 2017-295 adopting the Six -Year Water Resources Improvement Program (WRIP) for 2018- 2023, the Harborview Road Drainage Improvements Phase 1 was scheduled for construction in 2018 and the subject project on Hazel Lane was slated for 2019. However, due to required project coordination with the delayed Birch Bay Drive Pedestrian Facility project, Harborview Road drainage upgrades have been put on hold until 2020 and the Hazel Lane project is moving forward in 2018. 2. Public Works requests that the Flood Control Zone District Board of Supervisors authorize the County Executive to enter into a contract for the subject project to Strider Construction Company, Inc. as the lowest responsible and responsive bidder as provided for by Resolution 2017-321 and WCC 3.08.100. The total cost of the bid is $279,435.00 including all applicable taxes. Please signify your approval to award this contract to Strider Construction Company, Inc. on the Approval for Contract Award page. iC'� ■ Background and Purpose The North Cottonwood Stormwater Improvements — Hazel Lane project will improve stormwater conveyance capacity, reduce flooding/drainage-related impacts to private property and county road systems, provide roof/downspout connections to the upgraded system and improve water quality by safely conveying the stormwater to a water quality treatment swale. The existing stormwater infrastructure is failing and conveyance is sluggish due to improperly installed driveway culverts, extremely low gradient and poor drainage system design. This project was identified as a high priority capital improvement project in the Central North Subwatershed Master Plan, the Six -Year Water Resources Improvement Program and by recommendation of the Birch Bay Watershed and Aquatic Resources Management (BBWARM) District Advisory Committee. ■ Funding Amount and Source _ Expenditure for this project in the amount of $279,435.00 is authorized under BBWARM's 2018 budget for Birch Bay projects (cost center 9259018002, work order 20028). Please contact Kraig Olason at extension 6301, if you have any questions or concerns regarding the terms of this agreement. Encl. In accordance with WCC 3.08.230, 1 concur with this recommendation: Saba Winger, Purchase g Coordinator Date 170 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director STORMWATER/NPDES 322 N. Commercial, Suite 224 Bellingham, WA 98225 Main: (360) 778-6210 FAX: (360) 778-6201 www. whatcorncoun t�. us North Cottonwood Stormwater Improvements — Hazel Lane APPROVAL FOR CONTRACT AWARD Approval is hereby granted to award the Contract as follows: Project: North Cottonwood Stormwater Improvements — Hazel Lane To: Strider Construction Company, Inc. in the amount of their bid proposal of $279,435.00 including all taxes. Jack Louws Whatcom County Executive Approving Authority for Flood Control Zone District Board of Supervisors Date Date 171 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director Project Cost Break Down STORMWATER/NPDES 322 N. Commercial, Suite 224 Bellingham, WA 98225 Main: (360) 778-6210 FAX: (360) 778-6201 www.whatcomcounty.us North Cottonwood Stormwater Improvements — Hazel Lane Whatcom County Design Engineering $40,000.00 Right -of -Way $2,500.00 Construction Contract $279,435.00 Construction Engineering $45,000.00 Archaeology $9,000.00 Permitting and Surveying $14,600.00 Testing and Contingency $8,000.00 Total $398,535.00 172 Whatcom County Public Works — Stormwater Division Project Narrative North Cottonwood Stormwater Improvements — Hazed Lane (CN-C-1) Database ID No. 07-159 Construction Funding Year(s): 2018 (revised) Project Narrative: This project involves drainage improvements within the North Cottonwood neighborhood, including re -grading ditches, replacing culverts and installing new pipes and catch basins. The upgrade to the drainage system will improve stormwater flows, reduce drainage -related impacts to private property and county road systems, provide roof/downspout connections to the upgraded system and improve water quality by safely conveying the Hazel Lane stormwater to the existing water quality treatment swale. This project will complete the stormwater improvements within the North Cottonwood Neighborhood, as identified in the Birch Bay Central North Subwatershed Master Plan and the Birch Bay Comprehensive Stormwater Plan. It will also provide the final contributing area to the water quality treatment swale constructed in 2013, as a component of the Cottonwood Neighborhood Drainage Improvements Project. Project Status: Preliminary engineering design began in 2017 and was completed in 2018. Construction is scheduled to take place in the fall of 2018. Total Estimated Project Cost: $383,975 Expenditures to Date: $0 173 Bid Tabulations North Cottonwood Stormwater Improvements, Hazel Lane Bid Number 1844 ENGINEER'S ESTIMATE Strider Construction Co., Inc Oceanside Construction, Inc. Iverson Earth Works, LLC Hanifin Construction, LLC. Granite Construction Company Len Honcoop Growl, Inc. Fatty Construction ITEM tl ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNITPRICE AMOUNT' MOBILIZATION LS WWD .1 w000. W I mmom sa0mO.W S2oDmW S2a-Do SZSaa7W 826100D OD 12G.000.m 5293mW 4293m 00 A' S2S.x 29 S19. nbg i aosmia 2 sPCC PLAN LS SBOD W Y60o W 51. p0 41.Dppm aWW` 55W W am. 325p °r W aw. am. JSm. 925QC0 S-00 STWISS 51.021 as ] STAND-BY TIME WE TO ARCHAEOLOGICAL FINDINGS 1 FA Scsp0y111 S5WD • Omw %DW.00 smooD SSAUCO SA'Y1.00 35Op0.N tS,0p400 000.00 %WnW S500DW SS OOD 00 S MOJSI OWf.O gS WDCq TRAFFIC CONTROL P-.AN 5 LS SSOO.W $= m I-CW.W $I mom am. a=w amm amm $W090 SSW.W ssmw sswoo 4 cp 1I0 St W'M 1W,w 5 PROJECT TEMPORARY TRAFFIC CONTROL 1 Ls .wo no .sisooa D SI51D0000 SS76010 a7sloo $TJ.Swo) $1S.2111m 350DOW) A5omon 313W0W S13➢WW 57916834 379199.34 522351 e1 ST<,35161 6 GA' UXAao--��N 1 t,5 SfDOW St WORD amp -m SSWow $1. mom $,Wow 33B29W 33.829W 319D,.OW SIEW000 SS1J.t00D %000m Stf.879.1f 15a.97a:I Sx'. 96a Sfi 3096E REMOVAL OF STRUCTURES AND OBSTRUCTIONS 1 15 S15.Om-on 315.mOm St0.W000 S10000W S500000 w0moo a8 w W SSCWw xom Do St90WM) ff t SIOW)m 19 1&77 $9,51673 52534a.47 S25.aaa<T L DITCH EXCAVATION INCL RAUL 70 GY 7 $5 J°AW ST.5WW S43Do 35.910W 35a50 $3610. SSW M.00 06 56.370m SAO46 SZ83221 $11336 S7933W 9 TEJS?Z2RARYSYYASSPLAr1 t LS am amm S5DOm ssww aWm SSmW ssmoo SSmm smon 325000 $1,-. SI=.00 SCi. Eke w sTaR.5f ;f.3675f 10 I-, WPC41ARYBY Ate i LS SIDOW SIDDmAa SSOOOm SSW() DO St. mom Sf.=00 amQW $3 WO00 N-=W S20aQ00 abWoo saWaml 7J32 = S1D9Da33 3f0.9043I iY'J' `{1 yt 835 TON E250O 32067500 510M WaSo. mow 58,3 m AlA 326,2x4W ➢J 175DW MW WD.75W WV %15795 S1656 I S15.447W it 1WATER to MGAL 576W STp}W $50A0 WWW 313OW 3r 3o0 SIDO STOW 52DOW nmom $1Wm $I.- S7a760 57070.30 8J Sa20 3564'W :3 STRUCTURE EXCAVATION CLASSBINCL HAUL 55D CY S2DD0 3]1,WD.m 21)W 11."Do $IS_On S10.4SOW S775D Sa2SISW slow S5Sm.W 321W 3:1,5JJ'.06 Me, M05560 Sa173 51R551% la JSHORING OR EXTRA EXCAVATION CLASS B HEW SF %50 SWODO 5010 3160 W 580040 X-01 SrR.W StW SIS5 SZ-00 SD25 S4mm S341 .55.4WIDD 15 CRUSHEDSURFACING TOPCWRSE SD 70N SaDAO 33,EmW Abe .W y50 no Wm 33,gnOD Sd95D $n,ny500 $125W 1f?5 W S511L0 38.10o o $1-Da J1Y 33T.70 529a3 on 16 IUARRYSPA- 3D1 TON SSo.m $1 smoo MW SISWW Woo I S:11DW $5200 $1 W SfioW 3190C.00 $as. sZ55o00 S2W43 72m ws`.% 52ffi5,W 17 HMACL 3Ia In P06a-22 25 TON SSW= 5125Wm 3300LW 37Sm DO 5615DW $455.m $1162EW $2500D W25001 JMw Ji.shOC W7575 J6J393.iJ A'i,Q.Sn SZ57AW 1B COMMERCIALCONCRETE 3 CY SSW.W Si W $32500 $IS25W 5250.W 51250m STS620 1W SSWW SdS000 smw S325Om S617.17 am5E5 S52514 V962570 :9 PPE ENO DEBRIS GRATE, 121N DIAM 2 EA t50 o0 S3moo S3mDo W SS:OW AAOO smw 51.40W $!," ,W SS5DDo si "MI S24D32 S46OS4 51732< 534E 18 20 SOLID WALL PVC CULV. PIPE 121N-DAM . 9f0 tl 350W S 500 21-18 m am .m St&60DW 33D.ED $s35Sm 530W .3m �A 54000 N2.a000C S3om 53321 34268 I 5132 80 In %SOLID WALL PVG STORM SEWER PIPE 121N GAM. I450 Lc an. $73000W S37W 546TS.Do S6040 SS7emw sine $254VAD SADW S5gap000 S42W 361-=M Sea fi4 SSO86640 J42 52 SSooin? 0 n CATCH BASIN TYPE 1 20 I EA $22 W Jan11LOW Sl:l7G.m $2a,OWAO S1. m S71.OD0.m 51.45Om S23.Omm ST50000 an- $l AU'OD S38.W0fIC 51Sp5% WlI $1.444.53 MM64 23 CONNECTION TO DRAINAGE STRUCTURE 1 EA $1.dWW S1aW110 $20000 $2W 90 saw Do S20oDo $222DOD SIZIGM smm J2WW $%ow 355000 57.456.39 S245939 St]a339 512a339 21 iPLUGGING EXISRNG PIPE L FA SffoW SOsgpW 53mW 3 .W SSOm S3Wm SaW.m 4. Qo SID000 SEOOW S350W 3210om 563673 S3£Q8.30 SS223 JZl odd 25 F_SC LEAD t ,^.,AY SIWW S2DmN SSD.m SIWOW Won- --W S'Sm $TSWW -Do Jx,eWDo S15JX) Sam D: J34546 Sagt142a Say f6 $I 70320 26 +,NLETPROTECTION 20 EA SBOm St E S1Wm J2,DmW $a0m SBWm S75M S1.SIXRW 3138W 1 S7.SOp.W S600 311MW $10194 52038.60 ST/31 5154620 21 k!CSIONiWATER POLLUTION CONTROL PA S20DOaN S21!mOW 5Z-- 320.WOGo S Wo- S'V-W Wo00 SM.WD $200mW 52DDOp_DO $2D0mm S' W -.03 S1.m S^O:mO.m 23 :SEEDING AND FERTiLPJNG tam $Y S2-6p wsa)m $1.00 1 313MM 32W SZfWm $192 m SiAD %SW.W 24W 3E900W 5573 S7.ay4W 5162 32.366m 29 'ronOILTYPEA t y-D CY ass- $162WW 845.W S1t250 w 540`.aDW MOD S"AnDm 35DW 512+.,y.W .sas 00 516.25Om 55723 514.30750 .JG£S9 J18.:<TS0 30 REPAIR OF PU04GAND PRIVATEFACILRIES (FORCEACCT) 1 FA S450Wm 5450WW S4S9WW SaSDmm S4SpO0.m S�59m0D Y15WDSM S65pm.W YISmOW S<S.OW.m Say JM 345D.+.IW ;i5h'DW : S0.+,W0W SAi00D.W K4WDm 31 UNANTIGPATEDSITE WORK (FORCEACCT) 1 PA SS.WDW 35.000-W 55omon SS,000m SSo000O Womw SS omw '35.9WI.W ama S40'M1.W SS.Om.W ao=W SS.00000 aDID D0 aWQQo1 SwoW TOTAL so. SJWi7SW t2>s.tT1`e0 5?942o0W D12.Oaaw S:ffi350&0 1 ug..Lq'.l 3J5x6w smsr43a I hereby certify that the amounts�bula��ndatrheewrrect and accurately represents the amounts WntainedtIA tft�1respective bid proposals opened a[ 2:30 pmSeptelpter 4, 9r lna&ormwater Improvements,Ha2el Lane .ccs JD� P.'e. f�an�C��nesNAsaT Darnlx o[?utYic Wo:tZ�� 1e STATE OF WASHINGTON) WUNTYOFWHATCOM 1 1 iI6 Ft! FLA A pT4 �fo'• F N ' G.�6rr�3O O ��11W ALSO1111ON On this day personally appeared before me Joe Rutan, P.L. to me known to be the County Engineer ar�rdjli�flc�por�w_n descnbmdMfN(ep+n agfyW,>�r�RRg/�ckOcuind tFleforegoirlg inShumenL Rotary Public Rasiding at MyeommissionasPlm a� 74 Page 1 of 1 s-tv;gt'I,- BID PROPOSAL WHATCOM COUNTY PUBLIC WORKS STORMWATER DIVISION BELLINGHAM, WASHINGTON NORTH COTTONWOOD STORMWATER IMPROVEMENTS HAZEL LANE BID NO 18-44 DATE: September 4, 2018 TO: Whatcom County Executive and Council Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225 Gentlepersons: This certifies that the Undersigned: has examined the location of the project site and the conditions of work; and has carefully read and thoroughly understands the contract documents entitled: "NORTH COTTONWOOD STORMWATER IMPROVEMENTS, HAZEL LANE, BID NO 18-44" Whatcom County, Washington, including the "Bid Procedures and Conditions," "Specifications and Conditions," "Contract Forms," "Construction Glans," and "Appendices," 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). North Cottonwood Stormwater Improvements Hazel Lane Bid No. 18-44 10 Strider Construction Co., Inc. 175 NORTH COTTONWOOD STORMWATER IMPROVEMENTS, HAZEL. LANE, -BID NO 18-44 DTEA •+// UMT Rr ��1 ITEtN Cl�?�SC tIP i 1 1�1 ter. ? 11T iY . �,F1C3Uiil~;3. E]CEN[1EIi WC i, CCge i, +� I�I�N�,' t 1 LUMP MOBILIZATION 1 LS $30,000,00 SUM 2 LUMP SPCC PLAN 1 LS $ 1_,,,040.00 SUM 3 FORCE STAND-BY TIME DUE TO ARCHAEOLOGICAL FINDINGS 1 FA $5,000 ACCOUNT 4 LUMP TRAFFIC CONTROL PLAN 1 LS $ I.000.00 SUM 5 LUMP PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $ 15,000.00 SUM 6 LUMP CLEARING AND GRUBBING 1 LS $ 5.000.00 SUM 7 LUMP REMOVAL OF STRUCTURES AND OBSTRUCTIONS 1 LS $10,000.00 SUM $50.00 8 CUBIC DITCH EXCAVATION INCL. HAUL 70 CY $ 3�SU0.00 YARD 9 LUMP TEMPORARY BYPASS PLAN 1 LS $ 5011.00 SUM 10 LUMP TEMPORARY BYPASS 1 LS $ 5,000.00 SUM $10.00 11 TON GRAVEL BORROW INCL. HAUL 835 TON $ R,350.00 $80.00 12 M. GAL WATER 10 M GAL $ A00.00 13 CUBIC STRUCTURE EXCAVATION CLASS B INCL. HAUL 550 $20.00 CY $ r 1,i100.00 YARD $0.10 14 SQUARE SHORING OR EXTRA EXCAVATION CLASS B 1600 SF $ 160.00 FOOT $55.00 15 TON CRUSHED SURFACING TOP COURSE 90 TON $ 4,950.00 North Cottonwood Stormwater Improvements Hazel Lane Bid No. 18-44 11 Strider Construction Co., Inc. 176 $50.00 16 TON QUARRY SPALLS 30 TON $ 1,500.00 $300.00 17 TON HMA CL, 318 IN. PG 64-22 25 TON $325.5. 00 18 CUBIC COMMERCIAL CONCRETE 5 CY $1.625.00 YARD $300.00 19 EACH PIPE END DEBRIS GRATE, 12 IN, DIAM. 2 EA $ 600.00 $28.00 20 LINEAR SOLID WALL PVC CULV. PIPE 12 IN. DIAM. 310 LF $ 8,680.00 FOOT $32.00 21 LINEAR SOLID WALL PVC STORM SEWER PIPE 12 IN. DIAM. 1460 LF $ 46,720.00 FOOT $1,200.00 22 EACH CATCH BASIN TYPE 1 20 EA $ 24,000.00 23 EACH CONNECTION TO DRAINAGE STRUCTURE 1 EA $ 200.00 , $300.00 24 EACH PLUGGING EXISTING PIPE 6 EA $ 1,800.00 $50.00 25 DAY ESC LEAD 20 DAY $_ 1,000.00 , $100.00 26 EACH INLET PROTECTION 20 EA $ 2.000.00 , 27 FORCE EROSIONANATER POLLUTION CONTROL 1 FA $20,000 ACCOUNT $1.00 28 SQUARE SEEDING AND FERTILIZING 1300 SY $ 1,300.00 YARD $45.00 29 CUBIC TOPSOIL TYPE A 250 CY $11,250.00 YARD REPAIR OF PUBLIC AND PRIVATE FACILITIES (FORCE 30 FORCE ACCT.) 1 FA $45,000 ACCOUNT 31 FORCE UNANTICIPATED SITE WORK (FORCE ACCT.) 1 FA $5,000 ACCOUNT TOTAL BID: (Bid Items 1-31) $ 279,435.00 North Cottonwood Stormwater Improvements Hazel Lane Bid No. 18-44 12 Stride I Construction Co., Inc. 177 CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date August 22, 2018, the bidder is not a "willful" violator, as defined In RCW 49,48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Strider Construction Co. Inc. .,+��'"""`r`''�rr Bidder's JWess Name O 5/4.�.%��r 0 S gn ture of Authorized Offici4l o i S- : - j,.:r ' c3 Kyle J. Gebhardt, P.E. Printed Name `•••..•••• ICJ ��`' NSWAG��,�.�`� Vice -President Title 9/4/18 Bellingham WA Date City State Check One: Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ Corporation N State of Incorporation, or if not a corporation, State where business entity was formed: Washington if a co -partnership, give firm name under which business is transacted: N/A If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. sjam� APWA-WA Division 1 Committee rev. 118/2Q16 North Cottonwood Stormwater Improvements Hazel Lane Bid No. 18-44 13 178 PROPOSAL FOR INCORPORATING RECYCLED MATERIALS INTO THE PROJECT In compliance with anew law that went into effect January 1, 2016 (SHB1695), the Bidder shall propose below, the total percent of construction aggregate and concrete materials to be incorporated into the Project that are recycled materials. Calculated percentages must be within the amounts allowed in Section 9-03.21(1)E, Table on Maximum Allowable Percent (By Weight) of Recycled Material, of the Standard Specifications. — __1 Proposed total percentage:•. percent. Note: Use of recycled materials is highly encouraged within the limits shown above, but does not constitute a Bidder Preference, and will not affect the determination of award, unless two or more lowest responsive Bid totals are exactly equal, in which case proposed recycling percentages will be used as a tie -breaker, per the APWA GSP in Section 1-03.1 of the Special Provisions. Regardless, the Bidder's stated proposed percentages will become a goal the Contractor should do its best to accomplish. Bidders will be required to report on recycled materials actually incorporated into the Project, in accordance with the APWA GSP in Section 1-06.6 of the Special Provisions. Bidder: Signature of Authorized Official: Date: North Cottonwood Stormwater Improvements Hazel Lane Bid No. 18-44 Strider Inc. - �J::Z, w - M � iT ^ A f• �iw 11111111111 00% 14 Strider Construction Co., Inc. lR NON -COLLUSION DECLAMATION NORTH COTTONWOOD STORMWATER IMPROVEMENTS HAZEL LANE BID NO 18.44 I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1.800424-9071 The U.S. Department of Transportation (USDOT) operates the above toll free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m. Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse, and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. North Cottonwood Stormwater Improvements Hazel Lane Bid No. 18-44 15 Strider Construction Co., Inc. BIDDER IDENTIFICATION The name of the Bidder submitting this proposal, the address and phone number to which all communications concerned with this proposal shall be made, and the number which has been assigned indicating the Bidder is licensed to do business in the State of Washington are as follows: Firm Name: Strider Construction Co., Inc. Address: 4721 Northwest Drive Bellingham, WA 98226 Telephone: 360-380-1234 Contractor's WA Registration Number: STRIDCC121OZ Contractor's WA UBI Number: 601 100 050 Contractor's WA Employment Security Department Number: 000-655099-00-1 Contractor's WA Excise Tax Registration Number: 601 100 050 The Firm submitting this proposal is a: Sale 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: James A. Gebhardt, P.E. Kyle J. Gebhardt, P.E. Ray Gould Jay Van Wingerden President Vice -President Vice -President Secretary/Treasurer 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. North Cottonwood Stormwater Improvements Hazel Lane Bid No. 18-44 16 Strider Construction Co., Inc. 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 ❑ ($ ) PAYABLE TO WHATCOM COUNTY CERTIFIED CHECK ❑ ($ ) PAYABLE TO WHATCOM COUNTY PROPOSAL BOND J IN THE AMOUNT OF 5% OF THE BID. Receipt is hereby acknowledged by addendum(s) No.(s) 1 , 2 , & SIGNATURE OF (PROPOSAL MUST BE SIGNED STATE OF WASHINGTON COUNTY OF WHATCOM J. FIRM NAME: ) ss. ;FICIAL(S) ,�```���rt�RUC ���'''�. Is Lu P.E., Vice-Preside4ta C .r : �= Jer Construction Co,,*-tgo.� •,��i,�lygSH ��G�4`�``• On this 4th day of September , 20 18 , before me personally appeared Kyle J. Gebhardt,P.E. to me personally known to be the person described in and who executed the atJove instrument and who acknowledged to me the act of signina-MINS`VIT NIk- j A--% NOTARY % N;)TA PUBLIC, in and for the PUBLIC, ° S to Washington, residing at: Whatcom County Commission Expires: 7/31/2022 This proposal form is not transferable and any alteration of the firm's name entered hereon without prior permission from Whatcom County will be cause for considering the proposal irregular and for subsequent rejection of the bid. North Cottonwood Stormwater Improvements Hazel Lane Bid No. 18-44 17 Strider Construction Co., Inc. 182 KNOW ALL MEN BY THESE PRESENTS, that we, strider ConstructionCo.. Inc. of Bellingham, Washington ,as principal, and the Travelers Casualtyand Surety Company of America a corporation duly organized under the laws of the State of Connecticut and having its principal place of business at Seattle In the State of Washington, as Surety, are held and firmly bound unto Whatcom County, a Municipal Corporation in the State of Washington, in the foil and penal sum of five percent (5%) of the total bid amount appearing on the bid proposal of said principal for the work hereinafter described, for the payment of which, well and truly to be made, we bind our heirs, executors, administrators and assigns, and successors and assigns, Jointly and severally, firmly by these presents. The condition of this bond is such that, whereas, the principal herein is herewith submitting his or its bid proposal for _NQR_,TH CQTTONWODD IMP&QVKLIENTS HAZEL LANLt bid proposal, by reference thereto, being hereby made a part hereof. NOW, THEREFORE, if the said bid proposal submitted by the said PRINCIPAL be accepted, and the contract be awarded to said PRINCIPAL, and if said PRINCIPAL shall duly make and enter into and execute said contract and shall furnish the performance bond as required by the bidding and contract documents within a period of ten (10) days from and after said award, exclusive of the day of such award, then its obligation to pay the above -mentioned penal sum as liquidated damages shall be null and void, otherwise It shall remain and be in full force and effect SIGNED AND SEALED this 4th day of September 20 18 Strider Construction Co., Inc. ``��►ttiltJJJtJJ,�r By KYee Gebhardt, P— E �We -p-re&%h Travelers Casualty and Surety Company of America r % • C) Surety --,�tn a'.•,..,..•;�Q�*,�` SHIN By Julie M lover Attorney In -Fact The Attorney -in -Fact who executes this bond on behalf of the surety company, must attach a copy of his power -of attorney as evidence of his Authority. North Cottonwood Btormwater Improvements Hazel Lane Bid No.18.44 18 ' O I Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERSSt. Paul Fire and Marine insurance Company rvvrcn yr Com and InsurameCompany M corporaN 13Y THESE tions dus: That ty orgoozaed TravelersCasualty lyand aws of the Surety ate ofnConnecticut (heTravelers collaotivety called the'CompentOe') and thatSt-Paul the Companiesdo Marine hereby make, constitute and appoint Julie M. Glover, B.M. Scott, Michael A. Murphy, Jim W. Doyle, AndyD. Prig, Jim S. Kutch, Chad M. Epps, Steve Wagner, Thomas A. Lamb, Carl M. Lovasted III, Patti White, Torosa G►ombeckt, and Maxwell Martin, of Bothell, Washington, their true and awful Altomay-In-Fact to sign, execute, $eal and acknowledge any and all bonds, recognizences,condi ionat undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity ofpersons, guaanteoing the performance of contracts and axeculing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrumentto be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017 - State of Connecticut Robert L. Raney, Sa or Vice President City of Hanford ss. On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 * w Mara C. Tetreauit, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in•Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizences, contracts of indemnity, and other writings obligatory In the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and It Is FURTHER RESOLVED, that any bond, recognizance, contract of Indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seat by a Secretary or Assistant Secretary; or (b) duty executed (under seal, if required) by one or more Attorneys -In -Fact and Agents pursuant to the power prescribed In his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secrelarles or Attorneys•in�Fact for purposes only of executing and attesting bonds and undaftakings and other writings obligatory In the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which iI Is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St, Paul Fire and Marina insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed )) by said Companies, whhich remains In full force and effect. Dated this 7 day of�/v�9T�t7i 46A Apo. � C • * Kevin -L Hughes, As taut Secretary ro verfry the audliefl&fty oftihfs Power ofAftfrrey, p/eame emir as at 1-800.421 3880 Please refer to Me above -named Attomey-in-FANCY and the detal/s of &# bond to which the power /s a[bdW.. e SIMILAR PROJECTS REFERENCE FORM The name of the Agency or Client for which the project was performed, including the address, phone number and the name of the project manager: Project Name: Kwina Road Pcdestrian Improvements Agency or Client: Lummi Indian Business Council Project Manager's Name: Robert Pell Address: 2665 Kwina Road Bellingham, WA 98226 Phone Number: 360-312-2348 f Project Name: Ferry/River Street Overlay & Storm Drain Agency or Client: Ferry County Department of Public Works Project Manager's Name: Troy Reynolds Address. 350 E Delaware #8, Republic, WA 99116 Phone Number: 206-775-5222 Project Name: 2016 Swift Creek Sediment Removal Agency or Client: Whatcom County Project Manager's Name: Gary Goodall Address: 322 N. Commercial St., Ste 3Q1. Bellingbant, WA 98225 Phone Number: 360-778-62R7 North Cottonwood Stormwater Improvements Hazel Lane Bid No. 18-44 19 Strider Construction Co., Inc. "�� WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2018-264 CLEARANCES Initial �Date�� Date Received in Council Of Agenda Date Assigned to: Originator - Kraig 01ason 9125118 Finance Division Head- FCZD Board o Kraig 01ason SEP 17 VVF1ATC,'0M COUNCIL 9125118 Supervisors Dept. Head: Jon Hutchings Prosecutor Ka"4-D41&eS Purchasing/Budget: Brad Bennett Executive: JackLoini's TITLE OF DOCUffE*f.- Amendment 2 to Tetra Tech Design Contract for Birch Bay Drive Outfall Improvement Project ATTACHMENTS. 1. Memorandum to County Executive and FCZD Board of Supervisors 2. Contract Information Sheet 3. Contract Attorney Review 4. Contract Amendment 2 SEPA review required? ( ) Yes ( X )NO Should Clerk schedule a heating? ( )Yes X )NO SEPA review completed? ( ) Yes ( X )NO Requested Date: SUMMARYSTA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice Be specific and cite RCWor WCC as appropriate Be clear in explaining the intent of the action.) Contract Amendment 2 to provide supplemental engineering design services to accommodate a revised project area for the Birch Bay Drive Outfall Improvement project, including hydraulic analyses and design costs associated with a new road crossing location and ditch stabilization measures leading to the new outfall location. 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 websiteat. www.co.whatcom.wa.uslcouncil. Contract Amendment for Services — Tetra Tech Birch Bay Drive Outfall Improvement EM WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director MEMORANDUM TO: The Honorable Jack Louws, Whatcom County Executive for the Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Jon Hutchings, Public Works Director FROM: Kraig Olason, Stormwater Program Manager ' DATE: September 7, 2018 STORMWATER / NPDES 322 N. Commercial, Suite 224 Bellingham, WA 98225 Main: (360) 778-6210 FAX: (360) 778-6201 www. whatcomcoun trr. us SEP 13 2018 JACK LOUWS COUNTY EXECUTIVE RE: Amendment 2 to Tetra Tech Contract #201803018-1 for Birch Bay Drive Outfall Improvement Project Design Enclosed for your review and signature are two (2) originals of Amendment 2 for Contract No. 201803018-1 between Tetra Tech, Inc. and Whatcom County for additional design assistance and analysis associated with the Birch Bay Drive Outfall Improvement Project. • Background and Purpose In December 2017, the failure of a corrugated metal outfall pipe on Point Whitehorn caused significant slope failure on a steep bluff to the shoreline, posing a critical public safety issue and the potential loss of personal property. The replacement of this outfall was originally scheduled for construction in 2021, but this pipe failure called for emergency action. Tetra Tech was hired in March 2018 (LOA 2018-SW-05) to conduct a hydrologic and hydraulic analysis and provide conceptual design options for repair. The results of that effort indicated that the most feasible design option was to re-route stormwater flows from this outfall further north along Birch Bay Drive (approximately 1500 feet) and. outfall into a tributary of Terrell Creek. Contract No. 201803018 involved the engineering design of this conveyance system and preparation of construction documents and bid package needed to construct the improvements. In May 2018, we learned that the Birch Bay Water & Sewer District (BBWSD) had a utility repair project planned for the same road corridor. Coordination of these two projects would reduce the impact/disruption to the neighborhood, save money for both districts and avoid major utility relocations in the future. Therefore, the scope of the original design contract with Tetra Tech was amended to include a larger project area that aligned with BBWSD's waterline maintenance project. To avoid utility conflicts at the intersection of Pt. Whitehorn Road and Birch Bay Drive, a new outfall location was identified in August 2018, which requires additional hydraulic analyses and design costs associated with the new road crossing and ditch stabilization measures leading to the new outfall location. Amendment 2 to this contract includes these supplemental engineering services. Contract Amendment for Services — Tetra Tech Birch Bay Drive Outfall Improvement The Birch Bay Drive Outfall Improvement project was identified as a high priority capital improvement project in the Point Whitehorn Subwatershed Master Plan, the Six -Year Water Resources Improvement Program (WRIP) and by recommendation of the Birch Bay Watershed and Aquatic Resources Management (BBWARM) Advisory Committee. ■ Funding Amount and Source Contract total of $102,278.00 will be funded by existing authority in the BBWARM district budget (cost center 9259018001, work order 19852). Please contact Kraig Olason at extension 6301, if you have any questions or concerns regarding the terms of this agreement. Encl. Contract Amendment for Services — Tetra Tech Birch Bay Drive Outfall Improvement 9.0-HO WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. OriginatingDe artment: Public Works Dlvision/Program: (i.e. Dept. Division and Program) Stormwater-BBWARM 907690 Contract or Grant Administrator: Kraig Olason, Stormwater Program Manager Contractor's / Agency Name: Tetra Tech, Inc. Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ® No ❑ Yes ❑ No ® If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: 201803018 Does contract require Council Approval? Yes ® No ❑ If No, include WCC: Already approved? Council Approved Date: (Exclusions see: Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ❑ No ® If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract 9259018001 Yes ® No ❑ If yes, RFP and Bid number(s): RFQ 17-01 Cost Center: WO# 19852 Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ® Professional services agreement for certified/licensed professional. ❑ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ❑ Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract Council approval required for; all property leases, contracts or bid awards exceeding amount and any prior amendments): $40,000, and professional service contract amendments that have an increase greater $ 83,810.00 than $10,000 or 10% of contract amount, whichever is greater, except when: 1. Exercising an option contained in a contract previously approved by the council. This Amendment Amount: 2. Contract is for design, construction, r-o-w acquisition, prof services, or other $ 18,468.00 capital costs approved by council in a capital budget appropriation ordinance. 3. Bid or award is for supplies. Total Amended Amount: 4. Equipment is included in Exhibit `B" of the Budget Ordinance $ 102,278.00 5. Contract is for manufacturer's technical support and hardware maintenance of electronic systems and/or technical support and software maintenance from the developer of proprietary software currently used by Whatcom County. Summary of Scope: This scope of work includes public meeting support and supplemental engineering services to accommodate a revised project area for the Birch Bay Drive Outfall Improvements project, including hydraulic analyses and design costs associated with a new road crossing location and ditch stabilization measures leading to the new outfall location. Term of Contract: Expiration Date: 6/1/2019 Contract Routing: I . Prepared by: Holly Faulstich Date: 2. Attorney signofl`. KNF Date: 3. AS Finance reviewed: bbennett Date: 4. IT reviewed (if IT related): Date: 5. Contractor signed: Date: 6. Submitted to Exec.: ,p Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: Contract Amendment for Services — Tetra Tech Birch Bay Drive Outfall Improvement 9/7/ 18 9/7/18 9/7/ 18 WOR COUNTY ORGINAL Whatcom County Contract No. .?o 130,30 (;?r.1 Amendment No. 2 Whatcom County Contract No. 201803018-1 CONTRACT BETWEEN WHATCOM COUNTY AND Tetra Tech Inc. THIS AMENDMENT is to the Contract between Whatcom County and Tetra Tech, Inc. , dated April 1, 2018 and designated "Whatcom County Contract No. 201803018-1 ". In consideration of the mutual benefits to be derived, the parties agree to the following: This Amendment does not extend the term of this Agreement and increases the maximum consideration by $18,468.00 to a total consideration of $102,278.00, as shown in Exhibit B-1 and B-1.1, see attached. This Amendment also adds the following to the Scope of Work, Exhibit A-1, see attached. Unless specifically amended by this agreement, all other terms and conditions of the original contract shall remain in full force and effect. This Amendment takes effect: April 1, 2018 , regardless of the date of signature. IN WITNESS WHEREOF, Whatcom County and Tetra Tech, Inc. have executed this Amendment on the date and year below written. DATED this iOA day of 201k. CONTRACTOR: Tetrf'Tech, I , Program Manager 'STATE OF WASHINGTON ) ss. COUNTY OF WHATCOM ) On this L day of S� t �►° , 20 1 before me personally appeared 0V 70h%to me known to be the VV w&., N✓t&aa"', of iekATeck and who executed the above instrument and who acknowI V-m�the act of signing and sealing thereof. WA( ++ NOTARY PUBLIC in and for the State of Washington, 01 —�►•'..' % i �' �>� y�� �fD°'° printed name, PIJBresiding at !Gi �j C tjl fy .A e �Ira 4 My commission expire � �e1 Of B�e ��a e. �1 r a Contract Amendment for Services — Tetra Tech Birch Bay Drive Outfall Improvement 190 WHATCOM COUNTY: Recommended for Approval: Jon Pfutchings ate Public Works Director Approved as to form: K rrFralz ' Ge Date &taf-C it Deputy Prosecutor Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive/Signatory for Flood Control Zone District Board of Supervisors 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. CONTRACTOR INFORMATION: Tetra Tech, Inc. Ridge Robinson, Program Manager 1420 Fifth Avenue, Suite 650 Seattle, WA 98101 Contact: Theo Prince, PE Phone: 206-883-9375 FAX: 206-883-9301 Email: theo.prince@tetratech.com Contract Amendment for Services — Tetra Tech Birch Bay Drive Outfall Improvement NOTARY PUBLIC in and for the State of Washington, printed name. residing at My commission expires 191 EXHIBIT A-1 INCREASED SCOPE OF WORK Amendment No. 2 to Contract No. 201803018-1 Supplemental Engineering Design Services September 6, 2018 This scope of work includes supplemental engineering services for the design of the Birch Bay Drive Outfall Improvements project. TASK 1 - ADDITIONAL HYDRAULIC ANALYSIS FOR POINT WHITEHORN CROSSING AND DITCH STABILIZATION DESIGN WORK Additions to Task I cover the increased effort associated with analyzing options and impacts to the Birch Bay Water & Sewer District (BBWSD) facilities for the culvert crossing of Point Whitehorn Road and the associated ditch outfalling to the beaver pond. Task 1 Additional Scope Items • Review and analysis of beaver pond culvert hydraulics and summary of increase/decreased peak flows at the ditch located at the BBWSD access road and at the culverts leading into the beaver pond. • Revise crossing location to the flow splitter located approximately 185' south of Birch Bay Drive and Point Whitehorn Road to accommodate the BBWSD concerns and facilities located at the original crossing location. • Design and construction documents associated with the repair and stabilization measures to existing incised ditch leading to the beaver pond to handle associated proposed design flows. Task 1 Assumptions • Potholing of BBWSD facilities at the revised crossing location and ditch to the beaver pond will be performed and provided by the BBWSD with survey point by Whatcom County. • Permitting and easements associated with beaver pond ditch improvements provided by Whatcom County. Task 1 Deliverables • Memo (approximately 3 pages) summarizing changed flow contributions to the BBWSD access road ditch, the culvert under Pt. Whitehorn Rd leading to beaver pond ditch, and the capacity of concrete box culvert from the beaver pond crossing under the BBWSD access drive. • Approximately 3 added sheets for the extended project length (1 erosion control sheet, I stormwater plan/profile sheet, and I detail sheet) for all submittals and updates to design report. TASK 4 - PROJECT MANAGEMENT Additions to Task 4 include attendance at two BBWARM advisory committee/public outreach meetings. Task 4 Assumptions • Preparation of graphics to support meetings presentations, one hour each per meeting. • Two BB WARM meetings are budgeted involving one employee from Tetra Tech for six hours. Contract Amendment for Services — Tetra Tech Birch Bay Drive Outfall Improvement 192 Amendment No. 2 to Contract No. 201803018-1 Increase in Fee Estimate for Increased Scope and Changed Work Task Amendments Senior Engineer Engineer Senior Engineer/PM CAD Technician Task Pricing Task 1— Hydraulic Analysis 2 16 24 12 $ 7,102 Task 1 — Beaver Pond Ditch Stabilization 2 8 32 24 $8,770 Task 4 — BBWARM AC Meetings 6 2 6 1 $ 2,400 Labor Subtotal $ 18,272 Travel $ 196 Amend. 2 Subtotal $18,468 Current Fee Estimate $ 83,810 Revised Total Fee $102,278 (See separate attachment for complete spreadsheet - Exhibit B-1.1) Contract Amendment for Services — Tetra Tech Birch Bay Drive Outfall Improvement M EXHIBIT B-1.1 Price Proposal Labor Plan Price Summary/Totals Supplemental Total S Resource Task Pricing Totalsi 83,810 7009/7011 Birch Ray Drive Outfail Improvements Bill Rate> ProjArea> 209.00 75.00 105.00 156.00 100.00 Specify Add'I Fees on Setup 0 209.00 105.00 156.00 105.00 Technology Use Fee Eng Admin Eng Eng Eng Total Price 83,810 Eng Eng Eng Eng Submitted to: Whatcom County Public Works -Stormwater Division Type: T&M Pricing by Resource = c o •W w 3 o 2 v •C b0 N w a` u .6 5 -a 4J ? c °1 'W o ° 1 �? Y c o 00 0 0 s L •h0 tiE oContract N - 'Project _ E Labor Rate Esc. Labor SubsTravel Mat'IS &Pricing Equip ODCs Task TOta15 Phases/Tasks La 4 96 266 180 0.00% 77,400 6,050 360 83,810 10 26 62 36 18,272 196 102,278 Task 1. Design of BBDImprovements f 96 200 164 63,114 360 63,474 4 24 56 36 15,872 79,346 Task 2. Slope Stabilization 32 16 7,428 6,050 13,478 13,478 Task 3. Assistance During Bidding 2 1,566 1,566 1,566Task4. Project Management 4 32 5,292 5,292 6 2 6 2,400 196 7,888 Totals 4 961 266 180 0.00% 77,400 6,050 360 83,8101 10 26 62 1 361 1 272 1 196 102.278 Contract Amendment for Services — Tetra Tech Birch Bay Drive Outfall Improvement 194 ffY Aco I CFRTIFICATF OF LIABILITY INSURANCE DAT o(g/22/D2�1 YY) 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 have ADDITIONAL INSURED provisions or 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 ADO Risk Insurance Services West, Inc. Los Angeles CA Office 707 Wilshire Boulevard suite 2600 LOS Angeles CA 90017-0460 USA CONTACT NAM (B66) 2fl3-7122 P' (800) 363-0105 aC. No. Ex11: aC. No.1: EVIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC III INSURED Tetra Tech. Inc. INSURER A: National Union Fire Ins CO Of Pittsburgh 19445 INSURERB: Lexington Insurance Company 19437 1420 Sth Avenue, suite 550 Seattle WA 98101 USA INSURER C: INSURER D: INSURER E: - INSURER F: V ' 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, Limits shown are as re nested TYPE OF INSURANCE WV POLICY NUMBER POLICY 9F pii"O LIMITS A XiI--C—O�MMERCIALGENER�A-L^LTIABWTY GL EACH OCCURRENCE $2,000,000 DAMAGE pREMISEs.(ea occurcenwl $1,000,000 I I CLAIMS -MADE I X IOCCUR MED EXP (Any one person) $10, 000 X L,.,.,! X,C,U Covalo4)e PERSONAL &ADV INJURY $2,000,000 GEN'LAGGREGAIE LIMITAPPUE^u PER PRO- f� POLICY � PRO- LJ LOC GENERAL AGGREGATE $4,000, 000 PRODUCTS-COMPiOP.Ao $4,000,000 m...... -. -_.._-..e OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT BODILY INJURY ( Per parwn) _ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIREDAUTOS NON -OWNED ONLY AUTOS ONLY BODILY INJURY(Peracclden) PROPERTY DAMAGE per accident UMBRELLALIAe OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAR CLAIMSdAADE DED RETENTION WORKERSCOMPEN$ATIONAND EMPLOYERS'LIA8ILITY YIN ANY PROPRIETOR I PARTNER' EXECUTIVE OFFCEWME:1BER EXCLUDED? (Mandatory in NH) N/A OTH 3 ATVIE E L. EACH ACCIDENT "- E.L. DISEASE -EA EMPLOYEE E.L. OISEASE-POLICY L IMIT Each cl ain Ag9gregate I �^ $1,000,000 $1,000,000 T 8 It es, tlescnbe under OSCRIP'r10N OF OPERATIONS be'- Env Contr Prof 028182375 Prof/Poll Liab 10/,01/2017 10/01/2019 SIR applies per policy ter is & condi ions DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If mom space is required) what:com County Public works is included as Additional Insured in accordance with the policy provisions of the General Liability policy as required by written contract. General Liability policy evidenced herein is Primary and Non-contributory to other insurance available to Additional insured, but only in accordance with the policy`s provisions as required by written contract. A waiver of subrogation is gr,-anted in favor` of Whatcom County Public Works to accordance with Lhe policy provisions of the General Liability and Professional Liability policies as required by Written contract. Stop Gap coverage fa• the following states: OH, ND, WA, WY. r COTICICATP urm nr:n CANCELLATION SHOULU ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. what COm County Public Works Attn: Remy McConnell AUTHORIZED REPRESENTATIVE Civic Center Annex 2N. Commercial Street, suite 301 32 lVjfISAI�P"J6i Bellingham WA 98225 USA G[XiY/A ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and Logo are registered marks of ACORD Contract Amendment for Services — Tetra Tech Birch Bay Drive Outfall Improvement 195 WHATCOM COUNTY COUNCIL AGENDA BILL No 2018-265 CLEARANCES Initial Date Date Received in Council Qffice Agen-da Date Assigned to: Austin Rose Originator: AR 812412018 9/25/18 Finance/Council Division Head: Dept. Head: 11411 KNF 9111,2018 Prosecutor: I U01, Ty 9111118 Purchasing/Budget: Executive: Z2 1, TITLE OF DO M, 'I T State of Wash ingt�n Department of Ecology Grant Agreement SEA NWS-2 018- Wh CoP W- 0 0 013 Northwest Straits Project. Whatcom Marine Resources (MRQ Operation and Projects A TIA CHMENTS. Contract information sheet, memo, and grant 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 RCWor WCCas appropriate. Be clear in explaining the intent of the action.) This grant agreement will be used to fund administrative support and action projects for the Whatcorn County Marine Resources Committee through the period of October 1, 2018 through September 30, 2019. Action projects include education and outreach, water quality monitoring, bull kelp surveys, forage fish spawning surveys, and monitoring of a pilot Olympia Oyster restoration project. COMMITTEE A CTION.- COUNCIL A CTION.- Related County Contract #. Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on I the County !s wehsite at., www. co. whatcom. wa. uslcounciL 196 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director MEMORANDUM NATURAL RESOURCES 322 N. Commercial, Suite 110 Bellingham, WA 98225 Telephone: (360) 778-6230 FAX: (360) 778-6231 hatcomcoun .us SEP 13 2018 JACK LOUW,,3 COUNTY EXECUTIVE TO: The Honorable Jack Louws, Executive for the Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Jon Hutchings, Public Works Director FROM: Gary Stoyka, Natural Resources Manager Austin Rose, Planner I, Natural Resources DATE: August 24, 2018 RE: State of Washington Department of Ecology Grant Agreement SEANWS-2018- WhCoPW-00013 Northwest Straits Project: Marine Resources Committee (MRC Operations and Projects Please find enclosed for your review and signature three (3) originals of Grant Agreement SEANWS- 2018-WhCoPW-00013, Northwest Straits Project: Marine Resources Committee (MRC) Operation and Projects, between the Washington State Department of Ecology (DOE) and Whatcom County for the sum of $75,000. Background and Purpose This grant agreement will fund administrative support and action projects for the Whatcom County Marine Resources Committee including education and outreach, water quality monitoring, bull kelp surveys, forage fish spawning surveys, and monitoring of a pilot Olympia oyster restoration project. The administrative portion of the budget will fund the continuation of an existing 0.7 FTE position to support the MRC with meeting coordination, contract administration, project implementation, and monitoring. Funding Amount and Source This grant agreement with Washington Department of Ecology provides the County with $75,000 for administrative and technical support to the MRC and to implement action projects. No match is required. Please contact Austin Rose at extension 6286 or Gary Stoyka at extension 6218, if you have any questions or concerns regarding the terms of this agreement. Encl 197 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET 1� 0 / 8 0 0 Originating Department: Public Works Division/Program: (i.e. Dept. Division and Program) Ciro �, (C) Natural Resources —Whatcom Marine Resources Committee Contract or Grant Administrator: Austin Rose, Planner I Contractor's / Agency Name: Washington State Department of Ecology Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes ® No ❑ If No, include WCC: Already approved? Council Approved Date: (Exclusions see: Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? SEANWS- 2018- WhCoPW- Yes ® No ❑ If yes, grantor agency contract number(s): 00013 CFDA#: 66.456 Is this contract grant funded? Yes ❑ No ❑ If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ❑ No ® If yes, RFP and Bid number(s): Cost Center: 169119 Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ❑ Professional services agreement for certified/licensed professional. ❑ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ® Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract Council approval required for, all property leases, contracts or bid awards exceeding amount and any prior amendments): $40,000, and professional service contract amendments that have an increase greater $ 75,000.00 than $10,000 or 10% of contract amount, whichever is greater, except when: 1. Exercising an option contained in a contract previously approved by the council. This Amendment Amount: 2. Contract is for design, construction, r-o-w acquisition, prof services, or other $ capital costs approved by council in a capital budget appropriation ordinance. 3. Bid or award is for supplies. Total Amended Amount: $ 4. Equipment is included in Exhibit `B" of the Budget Ordinance 5. Contract is for manufacturer's technical support and hardware maintenance of electronic systems and/or technical support and software maintenance from the developer of proprietary software currently used by Whatcom County. Summary of Scope: This grant agreement will fund administrative support and action projects for the Whatcom County Marine Resources Committee including education and outreach, water quality monitoring, bull kelp surveys, forage fish spawning surveys, and monitoring of a pilot Olympia Oyster restoration project. Term of Contract: October 1, 2018 1 Expiration Date: September 30, 2019 Contract Routing: 1. Prepared by: Austin Rose Date: 2. Attorney signoff: KNF Date: 3. AS Finance reviewed: M Caldwell Date: 4. IT reviewed (if IT related): Date: 5. Contractor signed: Date: 6. Submitted to Exec.: Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: 08/24/2018 09/11/2018 9/11/2018 um r ` DEPARTMENT OF _ ,��� WA �� tORIGINAL 'ii� ECOLOGY CONTRACT NO. State of Washington � o/go90®q Agreement No. SEANWS-2018-WhCoPW-00013 SHORELANDS NORTHWEST STRAITS AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY uh, 17 WHATCOM COUNTY This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and Whatcom County, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Whatcom Marine Resources Committee Operation and Projects $75,000.00 $75,000.00 $75,000.00 $0.00 10/01/2018 09/30/2019 Northwest Straits Grant Project Short Description: The Whatcom MRC works to achieve important goals of resource conservation and habitat protection within the Northwest Straits, through implementing priorities of the Puget Sound Action Agenda. This grant will support the Whatcom MRC operations and projects for 2018-19. Project Long Description: The MRC is focused on two Action Agenda strategic initiatives: 1) protecting and restoring marine habitats; 2) restore and reopen shellfish beds. In addition to projects, this funding provides education and outreach programming and administrative support for the MRC to accomplish these goals. Overall Goal: The overall goal is to implement projects that improve the health of marine waters, shorelines, and aquatic resources of Whatcom County. State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 2 of 30 RECIPIENT INFORMATION Organization Name: Whatcom County Federal Tax ID: 91-6001383 DUNS Number: 060044641 Mailing Address: 322 N. Commercial Street, Suite 220 Bellingham, Washington 98225 Physical Address: 322 N. Commercial Street, Suite 220 Bellingham, Washington 98225 Organization Email: rrydel@co.whatcom.wa.us Contacts I Project Manager I Austin Rose Planner I - Marine Resources Committee Staff 322 N. Commercial St Bellingham, Washington 98225 Email: arose@co.whatcom.wa.us Phone: (360) 778-6286 Billing Contact I Christy Fowler 322 N. Commercial St. Suite 210 Bellingham, Washington 98225 Email: cfowler@co.whatcom.wa.us Phone: (360) 778-6214 Authorized Jack Louws Signatory County Executive 311 Grand Avenue, Suite 108 Bellingham, Washington 98225 Email: jlouws@co.whatcom.wa.us Phone: (360) 676-6717 Version 10/30/2015 200 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 3 of 30 ECOLOGY INFORMATION Mailing Address: Department of Ecology Shorelands PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Shorelands 300 Desmond Drive SE Lacey, WA 98503 Contacts Sasha Horst Project Manager Breazeale-Padilla Bay Interp. Center 10441 Bayview Edison Rd. Mt Vernon, Washington 98273-7242 Email: horst@nwstraits.org Phone: (360) 428-1084 Sasha Horst Financial Manager Breazeale-Padilla Bay Interp. Center 10441 Bayview Edison Rd. Mt Vernon, Washington 98273-7242 Email: horst@nwstraits.org Phone: (360) 428-1084 Lucas Hart Technical Advisor Breazeale-Padilla Bay Interp. Center 10441 Bayview Edison Rd. Mt Vernon, Washington 98273-7242 Email: luha461@ecy.wa.gov Phone: (360) 428-1085 Version 10/30/2015 201 State of Washington Department of Ecology Page 4 of 30 Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State Whatcom County Department of Ecology ,. �ry L By: By: Gordon White Shorelands Program Manager Template Approved to Form by Attorney General's Office Date Jack Louws County Date Version 10/30/2015 202 WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT: Recom ended for Approval: 7 1 Jon Hutchings, Pu lic Works Director Date Approved as to fo Xave*T4k6— �f ' Date Gl ief-6+vil-Deputy rosecu ing Attorney Approved: Accepted for Whatcom County Flood Control Zone District: Bv: 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 20:11' (,u 4 6 "f State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 5 of30 SCOPE OF WORK Task Number: 1 Task Cost: $44,980.00 Task Title: MRC Operations Task Description: 1.1 MRC Meetings and Communication: schedule and hold regular meetings of the MRC; prepare and distribute agenda; prepare and distribute meeting minutes; invite speakers on topics of community interest; and other logistical and communication functions as needed. Provide summary of activities for MRC representative to share at Northwest Straits Commission (NWSC) meetings. 1.2 Grant administration: Prepare progress reports, final report and closeout report for Northwest Straits Commission; track and administer budget; document matching funds and volunteer time; perform contract management; and prepare grant applications for MRC projects. 1.3 MRC Web Site: Existing MRC web site will be maintained and regularly updated with notices of upcoming meetings and agendas and other timely and relevant information. 1.4 Annual Report: This report will summarize MRC activities and progress on projects, including progress in achieving the Northwest Straits Initiative's performance benchmarks and connection to Puget Sound Action Agenda. 1.5 Annual Workplan: The workplan will include the objectives, timeframe, products, and benchmarks addressed in this scope of work. 1.6 Training: The MRC members will attend the Northwest Straits Commission training and/or additional conferences, trainings, and workshops as appropriate. 1.7 Representation at NWSC meetings: A representative of the MRC will attend each Northwest Straits Commission meeting and provide an update on current activities of the MRC. 1.8 Local Integrating Organization: The MRC will participate in meetings and operations of the Local Integrating Organization (LIO) in order to participate in the local planning process and action agenda update, including identification of Near Term Actions. Task Goal Statement: To carry out administrative functions in support of the mission (including work plan preparation, developing and preparing grant proposals, programmatic staff support, project monitoring and performance tracking, education programs and grant writing), travel, planning and participation in training opportunities. Task Expected Outcome: a. MRCS have a documented process to recruit and train members to be active participants and contributors to the work of the MRC. b. Information about projects and the work of the MRC is accessible and shared regularly through presentations, meetings and web site. Version 10/30/2015 204 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 6otJO c. The MRC meets regularly in a public forum that is promoted locally to community members and decision makers. d. The MRC is informed of and contributes to the work of the Northwest Straits Commission. e. The value of volunteer hours and other local contributions to the work of the MRC is documented and shared with the Commission and the County. f. The work of the MRC is planned in advance through an annual workplan and documented in an annual report. g. MRC members and staff contribute to other relevant local and regional processes related to marine issues. Version 10/30/2015 205 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 7 of 30 MRC Operations Deliverables Number Description Due Date 1.1 Quarter 1 Progress Report 01/11/2019 1.2 Quarter 2 Progress Report 04/11/2019 1.3 Quarter 3 Progress Report 07/11/2019 1.4 Quarter 4 Progress Report 09/30/2019 1.5 Quarter 1 Meeting Agenda and Minutes 01/11/2019 1.6 Quarter 2 Meeting Agenda and Minutes 04/11/2019 1.7 Quarter 3 Meeting Agenda and Minutes 07/11/2019 1.8 Quarter 4 Meeting Agenda and Minutes 09/30/2019 1.9 Semi -Annual Web Site Address and Screen Shots of Up -to -Date Content 1 04/11/2019 1.10 Semi -Annual Web Site Address and Screen Shots of Up -to -Date Content 2 09/30/2019 1.11 Annual Workplan 01/11/2019 1.12 Annual Report 04/11/2019 1.13 Quarter 1 List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 01/11/2019 1.14 Quarter 2 List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 04/11/2019 1.15 Quarter 3 List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 07/11/2019 1.16 Quarter 4 List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 09/30/2019 1.17 Quarter 1 Report to the Commission 01/11/2019 1.18 Quarter 2 Report to the Commission 04/11/2019 1.19 Quarter 3 Report to the Commission 07/11/2019 1.20 Quarter 4 Report to the Commission 09/30/2019 1.21 Quarter 1 Matching Funds/Volunteer Time Tracking 01/11/2019 1.22 Quarter 2 Matching Funds/Volunteer Time Tracking 04/11/2019 Version 10/30/2015 206 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 8 of 30 1.23 Quarter 3 Matching Funds/Volunteer Time Tracking 07/11/2019 1.24 Quarter 4 Matching Funds/Volunteer Time Tracking 09/30/2019 Version 10/30/2015 207 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 9 of 30 SCOPE OF WORK Task Number: 2 Task Cost: $17,900.00 Task Title: Education and Outreach Task Description: 2.1 Public speaker series: Whatcom MRC will serve as the lead partner to organize four community events that will contribute to informing citizens about marine resources and issues specifically. 2.2 North Sound Stewards: Whatcom MRC will partner to implement a program developed in partnership with RE Sources for Sustainable Communities, training volunteers to become a citizen scientists who contribute to scientific research for the health of the Salish Sea. The MRC will maintain a database of volunteers and projects supported, 2.3 Community education and outreach: Whatcom MRC will participate in community events including but not limited to, Whatcom Water Week, Birch Bay Beach Day, Taylor Shellfest-tival, to provide learning opportunities on local marine resources issues and be viewed as a source of education in the community. Task Goal Statement: 2.1 Public speaker series: The goal for participating in the Public Speaker Series is utilize partnerships in order to provide a forum for the exchange of information on marine related topics to the MRC and the broader local community. 2.2 North Sound Stewards: The goal of the North Sound Stewards program is to engage the community in MRC projects and mobilize citizen science volunteers for priority regional projects. 2.3 Community education and outreach: To increase public awareness and recognition of the MRC and marine resources in Whatcom County and identify future volunteers and MRC members. Task Expected Outcome: 2.1 Public speaker series: Local leaders and communities will be better informed on topics such as ocean acidification and sea level rise. 2.2 North Sound Stewards: Through the North Sound Stewards program, marine programs in Whatcom County will have increased capacity and a trained group of volunteers will be available for future projects. At least 30 new volunteers will volunteer for the program. 2.3 Community education and outreach: The MRC will participate and table in at least three community events that attract a diversity of audiences. MRC staff and volunteers will communicate with at least 250 community members about local marine resource issues and will track the number of fact sheets distributed at events. At least 20 visitors to the MRC table will sign up to receive MRC information or volunteer for MRC projects. Version 10/30/2015 Wi State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 10 of 30 Recipient Task Coordinator: 2.1 Sue Blake/Austin Rose 2.2-2.3 Glen Alexander Education and Outreach Deliverables Number Description Due Date 2.1 Public speaker series workplan 01/11/2019 2.2 Public speaker series progress report (including any promotional 07/11/2019 materials, event summaries and jpg images) 2.3 Public speaker series final report including number of events, estimated 09/30/2019 number of participants, press releases, flyers, evaluation materials (survey responses), and summary of survey results. 2.4 N Sound Stewards recruiting materials and draft list of trainings 04/11/2019 2.5 N Sound Stewards volunteer database including volunteer hours and 09/30/2019 volunteers matched with project specific interests 2.6 N Sound Stewards final report (including summary of program, list of 09/30/2019 trainings, volunteers and hours, list of projects, program evaluation, newspaper articles and jpg images 2.7 Community education and outreach workplan 01/11/2019 2.8 Community education and outreach final report including: summary of 09/30/2019 events, photos, number of direct contacts and MRC sign-ups, number of fact sheets distributed, and volunteer hours Version 10/30/2015 O, State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 11 of 30 SCOPE OF WORK Task Number: Task Title: Monitoring Task Cost: $12,120.00 Task Description: 3.1 Chuckanut Pollution Identification and Control (PIC): North Chuckanut Bay is a recreational shellfish area that is closed due to degraded water quality and concerns about septic systems in the drainage area. Whatcom MRC will work with the Whatcom County Health Department, Whatcom County Public Works, citizen volunteers, and the local community to conduct intensive sampling and community outreach to continue a PIC project in North Chuckanut Bay. In this phase of the project, the MRC will complete tiered sampling around the marine station with high counts to determine how localized the hot spot is; summarize the status of water quality and OSS work that has been completed for discussion with Department of Health; conduct specific outreach to parcels with small farms to connect them with Whatcom Conservation District; and conduct outreach to the Chuckanut Village neighborhood about the Whatcom County Public Works septic rebate program and new small farm rebate program. 3.2 Bull kelp: Working in collaboration with the Northwest Straits Commission using existing protocols, Whatcom MRC will monitor floating kelp beds at four locations in Whatcom County, to provide information on the status of floating kelp communities. Surveys will take place during low -tide events between July -September, 2019. One location will a bed in the nearshore of the Aiston Preserve on Lummi Island. 3.3 Forage fish: Whatcom MRC will participate in a regional effort to characterize populations of the two species of forage fish that spawn on Puget Sound beaches: Pacific sand lance and surf smelt. WA Department of Fish and Wildlife is conducting wide scale surveys and Whatcom MRC will serve as a local partner to support their efforts and expand the impact of the study. The MRC will recruit and train volunteers and conduct surveys at two priority beaches monthly uaing existing protocols. 3.4 Boulevard Park intertidal monitoring: Whatcom MRC will contribute to the understanding of the biological value of shoreline improvement projects by conducting intertidal monitoring at Boulevard Park along Bellingham Bay. Trained volunteers will conduct an intertidal survey at Boulevard Park at four locations during mid to late June 2019. Volunteers will receive training on the sampling protocol and procedures, based on the work of the WSU Beach Watchers. 3.5 Olympia oyster restoration monitoring: Following a pilot planting of approximately 95,000 oysters in test plots in May 2018, Whatcom MRC will follow a monitoring plan to collect physical and biological parameter data to determine the status of restoration potential and assess needs for adaptive changes following restoration actions. A spring monitoring event will involve students from local college/universities. The MRC will develop an evaluation of oyster retention within pilot restoration plots, and changes in habitat characterization will be determined by assessing changes in restoration plots against an identified reference plot. Task Goal Statement: 3.1 Chuckanut Pollution Identification and Control (PIC): The goal of this project is to identify sources of pollutants to guide water quality improvement projects, attain water quality standards, and protect beneficial uses (including recreational shellfish harvesting). 3.2 Bull kelp: The goal of the project is to support a larger regional kelp monitoring program and provide a better Version 10/30/2015 210 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 12 of 30 understanding of kelp distribution, bed sizes, kelp speciation, and health within the Salish Sea. 3.3 Forage fish: The goal of forage fish monitoring is to support state wide sampling and to inform the MRCS shoreline restoration projects. 3.4 Boulevard Park intertidal monitoring: The goal is to document changes over time in beach slope, substrate, and biodiversity, using scientifically and statistically sound methods that will provide data comparable across various sites under study and monitoring years. 3.5 Olympia oyster restoration monitoring: The long-term goal of the project is to re-establish a native Olympia oyster population in N. Chuckanut Bay. For the current year, the goal of the project is to involve local community members in monitoring the seven test plots to quantify ecological parameters, evaluate restoration success, and facilitate adaptive management practices, in order to inform restoration potential. Task Expected Outcome: 3.1 Chuckanut PIC: This monitoring will contribute a fourth year to a robust dataset to characterize bacteria and pollutants in the Chuckanut watershed and improve understanding of the interaction between water quality and healthy shellfish harvest. 49 residents in the neighborhood adjacent to Chuckanut Bay will receive information about local rebate programs to assist with small farm management and on site sewer systems. Sampling near Chuckanut Creek will identify how localized the pollution input is on the south side of the bay. 3.2 Bull kelp: Kayak -based surveys will contribute to a georeferenced database of bull kelp distribution, bed sizes, and health of the beds that can be incorporated into SoundIQ and promote citizen science contributions to regional research. 3.3 Forage fish: Whatcom MRC will recruit and train volunteers, and use existing protocols to survey at least two priority beaches (index sites) monthly. Monitoring data will be submitted monthly to WA Department of Fish and Wildlife to be included in the regional data base. Locations of forage fish surveys will also be provided for inclusion in Sound IQ. 3.4 Boulevard Park intertidal monitoring:Monitoring in the summer of 2019 will be collect data on Year 5 post shoreline improvement work. 3.5 Olympia oyster restoration monitoring: The MRC will conduct bi-annual (fall/spring) monitoring of survival and growth of planted oysters and any habitat changes in the plot areas. Version 10/30/2015 211 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 13 of 30 Recipient Task Coordinator: 3.1 Atina Casas 3.2-3.3 Eleanor HInes 3.4 Kristen Murray 3.5 Chris Brown/Bob QM-808ring Deliverables Number Description Due Date 3.1 Chuckanut Pollution Identification and Control QAPP 12/31/2018 3.2 Chuckanut PIC: Copy of data collected and water quality summary 09/30/2019 reports 3.3 Chuckanut PIC: Summary report on the status of water quality and all 09/30/2019 outreach activities 3.4 Bull kelp list of anticipated survey dates, locations and volunteers 07/11/2019 3.5 Bull kelp final report (including location of surveys, volunteer hours, jpg 09/30/2019 images, maps of survey areas and copy of data collected 3.6 Forage fish QAPP 12/31/2018 3.7 Forage fish list of volunteers, photographs of surveys, maps of survey 09/30/2019 locations, and media articles 3.8 Boulevard Park copy of protocol and QAPP documents 12/31/2018 3.9 Boulevard Park Summary report of data collected from 2013-2015 09/30/2019 detailing the survey methodology and statistical analysis of intertidal biota found present along shore. 3.10 Boulevard Park intertidal survey final report (including volunteer hours, 09/30/2019 photos of volunteers, results from the citizen science approach, graphs of results, and quality assurance analysis from surveys that occurred 3.11 Olympia oyster monitoring plan 12/31/2018 3.12 Olympia oyster final report (including jpg photos and observations of test 09/30/2019 plots, list of volunteers for monitoring, summary report on restoration potential) Version 10/30/2015 212 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 14 of 30 BUDGET Funding Distribution EG190141 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Effective Date: Funding Source: Title: Type: Funding Source %: Description: Puget Sound Partnership/EPA 2018-19 Funding Type: Grant 10/01/2018 Funding Expiration Date: 09/30/2019 Puget Sound Partnership/EPA 2018-19 Federal 100% Federal Awarding Agency: Federal Awarding Agency Contact: Federal Awarding Agency Phone: Federal Awarding Agency Email: Federal Awarding Agency Address: CFDA Catalog Name: CFDA Number: FAIN: Research Grant: Federal Award Date: Total Federal Award Amount: Federal Funds Obligated To Recipient Environmental Protection Agency Karin Berkholtz, Puget Sound Partnership 360-999-3848 karin.berkholtz@psp.wa.gov 326 East D Street, Tacoma WA 98421-1801 Puget Sound Partnership National Estuary Program WIWI No 10/1/2018 $1,600,000.00 $42,700.00 Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT: 0% Recipient Match %: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Version 10/30/2015 213 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 15 of 30 Puget Sound Partnership/EPA 2018-19 Task Total MRC Operations $ 25,580.00 Education and Outreach $ 10,200.00 Monitoring $ 6,920.00 Total: $ 42,700.00 Version 10/30/2015 214 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 16 of 30 BUDGET Funding Distribution EG190142 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Washington State 2017-19 Funding Effective Date: 10/01 /2018 Funding Source: Title: Washington State 2017-19 Type: State Funding Source %: 100% Description: Washington State 2017-19 biennium Funding Type: Grant Funding Expiration Date: 06/30/2019 Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT: 0% Recipient Match %: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Washington State 2017-19 Task Total MRC Operations $ 19,400.00 Education and Outreach $ 7,700.00 Monitoring $ 5,200.00 Total: $ 32,300.00 Version 10/30/2015 215 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 17 of 30 Funding Distribution Summary Recipient / Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Puget Sound Partnership/EPA 2018-19 0.00 % $ 0.00 $ 42,700.00 $ 42,700.00 Washington State 2017-19 0.00 % $ 0.00 $ 32,300.00 $ 32,300.00 Total $ 0.00 $ 75,000.00 $ 75,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS 01.11 SPECIAL TERMS AND CONDITIONS SUB -RECIPIENT FEDERAL REQUIREMENTS CREDIT AND ACKNOWLEDGEMENT Reports, documents, signage, videos, or other media, developed as part of projects funded by EPA funded Agreements shall display both the EPA and Puget Sound Partnership logos and the following credit line: "This project has been funded wholly or in part by the United States Environmental Protection Agency under Assistance Agreement [CE-01 J31901 ]. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." 1. INTRODUCTION This contains provisions that are not listed on OMB Standard Form 424B (Rev 4-2012). These provisions apply only to sub -recipients. 2. AUDIT REQUIREMENTS Recipient shall meet the provisions in Office of Management and Budget (OMB) Guidance, Subpart F, §200.501 (Audit Requirements), if the RECIPIENT expends $750,000 or more in total Federal funds in a fiscal year. The $750,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT shall forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to AGENCY within ninety (90) days of the date of the audit report. For complete information on how to accomplish the single audit submissions, visit the Federal Audit Clearinghouse Web site: http://harvester.census.gov/facweb/ 3. COST PRINCIPLES/INDIRECT COSTS FOR STATE AGENCIES RECIPIENT agrees to comply with the cost principles of 2 CFR 200 Subpart E as appropriate to the award. In addition to the General Terms and Conditions "Indirect Cost Rate Agreements", if the recipient does not have a previously established indirect cost rate, it agrees to prepare and submit its indirect cost rate proposal in accordance with 2 CFR 200 Appendix VII. Version 10/30/2015 216 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 18 of 30 4. CIVIL RIGHTS OBLIGATIONS This term and condition incorporates by reference the signed assurance provided by the recipient's authorized representative on Standard Form 424B. These assurances and this term and condition obligate the recipient to comply fully with applicable civil rights statutes and implementing EPA regulations. NON DISCRIMINATION AND DISADVANTAGED, MBE, WBE BUSINESS ENTERPRISES ADDITIONAL REQUIREMENTS RECIPIENT agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority, and Women's Business Enterprises in procurement, contained in 40 CFR, Part 33. RECIPIENT shall include the following provision in all subcontracts involving use of federal funds: In accordance with 40 CFR 33.106 and its Appendix A, the RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The RECIPIENT administration shall carry out applicable requirements of 40 CFR part 33 in the award of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 6. DRUG FREE WORKPLACE RECIPIENT shall make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536 Subpart B. Additionally, in accordance with these regulations, the recipient organization shall identify all known workplaces under its federal award and keep this information on file during the performance of the award. RECIPIENTS who are individuals must comply with the drug -free provisions set forth in Title 2 CFR Part 1536 Subpart C. The consequences for violating this condition are detailed under Title 2 CFR Part 1536 Subpart E. Recipient can access the Code of Federal Regulations (CFR) Title 2 Part 1536 at: http://ecfr.gpoaccess.gov. 7. INTERNATIONAL TRAVEL (Including Canada) All International Travel must be approved by the Office of International and Tribal Affairs (OITA) BEFORE travel occurs. Even a brief trip to a foreign country, for example to attend a conference, requires OITA approval. Please contact your Ecology project manager as soon as possible if travel is planned out of the country, including Canada and/or Mexico, so that they can submit a request to the EPA Project Officer if they approve of such travel. 8. LEP (Limited English Proficiency) Title VI As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals. In implementing that requirement, the recipient agrees to use as a guide the Office of Civil Rights (OCR) document entitled "Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons." The guidance can be found at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2004 register&docid=fr25jn04-79.pd. In accepting this contract, the recipient acknowledges it has an affirmative obligation to implement effective Title VI compliance programs and ensure that its actions do not involve discriminatory treatment and do not have discriminatory effects even when facially neutral. The recipient must be prepared to demonstrate to EPA/PSP that such compliance programs exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI obligations. For example, if RECIPIENT's responsibilities under this contract include gathering public input on an environmental issue, RECIPIENT's communication with the public should attempt to minimize barriers that interfere Version 10/30/2015 217 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 19 of 30 with the ability of LEP persons to meaningfully participate. 9. MANAGEMENT FEES Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this CONTRACT. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 10. PEER REVIEW The results of this project may affect management decisions relating to Puget Sound. Prior to finalizing any significant technical products the Principal Investigator (PI) of this project must solicit advice, review, and feedback from a technical review or advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the funded study. 11. REIMBURSEMENT LIMITATION If RECIPIENT expends more than the amount of the Environmental Protection Agency (EPA) funding in this agreement in anticipation of receiving additional funds from EPA, it does so at its own risk. EPA is not legally obligated to reimburse PSP, nor its sub -recipients, for costs incurred in excess of the EPA approved budget. 12. SIX GOOD FAITH EFFORTS, 40 CFR, PART 33, SUBPART C Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, service and supplies under an EPA financial assistance agreement, and to require that sub -recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients, this will include placing DBEs on solicitation lists and soliciting whenever they are potential sources. b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation b DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraph (a) through (e) of this section. 13. SUB -AWARDS If RECIPIENT makes sub -awards under this contract, RECIPIENT is responsible for selecting its sub-awardees and, if applicable, for conducting sub -award competitions. RECIPIENT agrees to: Version 10/30/2015 218 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 20 of 30 a. Establish all sub -award agreements in writing; b. Maintain primary responsibility for ensuring successful completion of the approved project (Sub -Recipient cannot delegate or transfer this responsibility to a sub-awardee); c. Ensure that any sub -awards comply with the standards in Section 210(a)-(d) of OMB Circular A-133, and are not used to acquire commercial goods or services for the sub-awardee; d. Ensure that any sub -awards to 501(c)(4) organizations do not involve lobbying activities; e. Monitor the performance of sub-awardees, and ensure sub-awardees comply with all applicable regulations, statutes, and terms and conditions which flow down in the sub -award; f. Obtain AGENCY's consent before making a sub -award to a foreign or international organization, or a sub -award to be performed in a foreign country; and g. Obtain approval from AGENCY for any new sub -award work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable. 14. TRAFFICKING IN PERSONS AND TRAFFICKING VICTIM PROTECTION ACT OF 2000 (TVPA) AS AMENDED IN 22 U.S.C. 7104(g) This provision applies only to a sub -recipient, and all sub-awardees of sub -recipient, if any. Sub -Recipient shall include the following statement in all sub -awards made to any private entity under this Agreement. "You as the sub -recipient, your employees, sub-awardees under this award, and sub-awardees' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub -awards under this Award." Sub -recipient, and all sub-awardees of sub -recipient must inform AGENCY immediately of any information you receive from any source alleging a violation of this prohibition during the award term. Federal agency funding this agreement may unilaterally terminate, without penalty, the funding award if this prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000, as amended. 15. UNLIQUIDATED OBLIGATIONS (ULO) Recipients, sub -recipients, and all sub-awardees of sub -recipients, if any, should manage their agreement and subaward funding in ways that reduce the length of time that federal funds obligated and committed to subaward projects are unspent (not yet drawn down through disbursements to sub -recipients and sub-awardees). GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A CERTIFICATION REGARDING SUSPENSION DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. Version 10/30/2015 219 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 21 of 30 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.,uov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. • Receives more than $25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. • Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending_gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. Version 10/30/2015 220 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 22 of 30 GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. • For projects with any federal involvement, if required, comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement: Version 10/30/2015 221 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 23 of 30 • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 6. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the website, http://www.des.wa.gov/services/ContractingPurchasingBusiness/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email payeehelpdesk@watech.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. Version 10/30/2015 222 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 24 of 30 ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 8. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 10. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact Version 10/30/2015 223 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 25 of 30 the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https:Hecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 12. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 13. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that parry's agents or employees arising out of this Agreement. 14. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 15. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified Version 10/30/2015 224 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 26 of 30 minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 17. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 19. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to Version 10/30/2015 225 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 27 of 30 authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 21. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of Version 10/30/2015 226 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 28 of 30 this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 22. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23. 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 which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 24. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21 C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 25. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post -consumer recycled paper. For more suggestions visit ECOLOGY's web page: Green Purchasing, , https:Hecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 27. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the Version 10/30/2015 227 State of Washington Department of Ecology Page 29 of 30 Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. 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. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. 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. Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work Version 10/30/2015 228 State of Washington Department of Ecology Agreement No: SEANWS-2018-WhCoPW-00013 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 30 of 30 completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 28. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 29. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. Version 10/30/2015 229 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018-266 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: RL 911312018 L 912512018 FinancelCouncil Division Head: Dept. Head: M. - -mE4d—J _( U 7 Prosecutor: �7.1y �ygg�pk Q yy� 'iH :7 HI C O M C Q U ,,"�JI Tg J Purchasing/Budget: A A COUNA Executive: TITLE OF DOCU ENT: ATTACHMENTS. Lookout Mountain Forest Preserve Property Use 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 authorization for the County Executive to enter into a property use agreement between Whatcom County and Whatcom Transit Authority (WTA) at Lookout Mountain Forest Preserve. This property use agreement provides limited authority to WTA to install, operate and maintain a covered bus shelter at the existing bus stop location at Lookout Mountain Forest Preserve, 2537 Lake Louise Road. 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 230 WHATCOM COUNTY Michael G. McFarlane, Director Parks & Recreation Christ Thomsen, Parks Operations Manager 3373 Mount Baker Highway Bellingham, WA 98226-7500 MEMORANDUM RECEFIVt: TO: Jack Louws, County Executive SEP 17 21$ FROM: Michael McFarlJACK L.OUWS COUNTY EXFCUTIV6 DATE: September 13, 2018 RE: Property Use Agreement for Lookout Mountain Forest Preserve Enclosed are three (3) originals of a property use agreement between Whatcom County, City of Bellingham (COB) and Whatcom Transit Authority (WTA), and associated agenda bill for council consideration on September 25, 2018. Requested Action Parks requests council authorization for the County Executive to enter into a property use agreement with WTA to allow construction, operation and maintenance of a bus shelter at Lookout Mountain Forest Preserve located at 2537 Lake Louise Road. A new shelter will improve transit user safety and comfort during inclement weather. Background and Purpose WTA has requested authorization to install a new bus shelter at an existing transit stop that is near the forest preserve entrance off of Lake Louise Road. Because this property is jointly owned with the COB City Council approval is also required and is scheduled to be on the city council agenda for September 24, 2018. • Funding Amount and Source This is a no cost revocable license between Whatcom County and COB and WTA. Please contact Rod Lamb at extension 5858, if you have any questions or concerns regarding the terms of this agreement. 231 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET � ®' g 0,7 ® 11 Originating Department: Parks Division/Program: (i.e. Dept. Division and Program) Administration / Parks Contract or Grant Administrator: Michael McFarlane Contractor's / Agency Name: wkc-}cow wo.Kse • tA-4\or( " k CI -f Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes ® No ❑ If No, include WCC: Already approved? Council Approved Date: (Exclusions see: Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ❑ No ® If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ❑ No ® If yes, RFP and Bid number(s): Cost Center: Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ❑ Professional services agreement for certified/licensed professional. ❑ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ❑ Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract Council approval required for; all property leases, contracts or bid awards exceeding amount and any prior amendments): $40,000, and professional service contract amendments that have an increase greater $ 0 than $10,000 or 10% of contract amount, whichever is greater, except when: 1. Exercising an option contained in a contract previously approved by the council. This Amendment Amount: 2. Contract is for design, construction, r-o-w acquisition, prof services, or other $ 0 capital costs approved by council in a capital budget appropriation ordinance. 3. Bid or award is for supplies. Total Amended Amount: $ 0 4. Equipment is included in Exhibit `B" of the Budget Ordinance 5. Contract is for manufacturer's technical support and hardware maintenance of electronic systems and/or technical support and software maintenance from the developer of proprietary software currently used by Whatcom County. Summary of Scope: Parks request authorization for the County Executive to enter into a property use agreement between Whatcom County and Whatcom Transit Authority (WTA) at Lookout Mountain Forest Preserve. This property use agreement provides limited authority to WTA to install, operate and maintain a covered bus shelter at the existing bus stop location at Lookout Mountain Forest Preserve, 2537 Lake Louise Road. Term of Contract: I Expiration Date: Contract Routing: 1. Prepared by: R. Lamb 2. Attorney signoff. 3. AS Finance reviewed: 4. IT reviewed (if IT related): 5. Contractor signed: 6. Submitted to Exec.: 7. Council approved (if necessary): 8. Executive signed: 9. Original to Council: Last edited 08/08/18 Date: 9/13/2018 Date: girt ( I Date: Date: Date: Date: Date: Date: Date: 232 COUNTY C �Pi ORIGINAL CONTRACT NO. WHATCOM TRANSPORTATION AUTHORITY LOOKOUT MOUNTAIN FOREST PRESERVE PROPERTY USE AGREEMENT This Property Use Agreement (Agreement) is made by and between WHATCOM TRANSPORTATION AUTHORITY (WTA), WHATCOM COUNTY (COUNTY), through its Parks & Recreation Department, and the CITY OF BELLINGHAM (CITY), for purposes of installing a public bus shelter on property jointly owned by the COUNTY and CITY known as the Lookout Mountain Forest Preserve located at 2537 Lake Louise Road, Bellingham WA. The parties agree as follows: 1. Premises. The COUNTY and CITY grants WTA a nonexclusive, revocable license to use a portion of the Lookout Mountain Forest Preserve, as depicted on Exhibit A hereto (the "Premises) for the purpose of operating a transit route. WTA will locate and install one bus shelter on the premises. The right granted herein is in the nature of a license; no property interest is conveyed. 2. Term. The Term of the Agreement shall commence on the date of signature and will continue year to year thereafter, unless 30 days written notice to terminate is given by any party. 3. Improvements. WTA will supply and install a bus shelter, at the bus stop on Lake Louise Road located adjoining the Premises. WTA is responsible for obtaining all necessary permits and for installation of the bus shelter and compliance with all applicable codes and regulations. WTA shall at its expense repair all damages caused during construction. The bus shelter will be the property of WTA, and WTA has authority to enforce appropriate behavior at its location'. 4. Consideration. WTA shall not be required to pay COUNTY and CITY for use of Premises described on Exhibit A. The parties recognize that the additional visitation to the premises and the increased economic activity resulting therefrom constitutes adequate consideration for the use of Premises. 5. Maintenance. WTA is responsible for maintenance, and upkeep of the bus shelter. WTA shall be responsible for maintenance of pavement markings, signs and other improvements which it installs. WTA shall, at its sole cost and expense, maintain the area set aside for the bus shelter, its amenities and the area commonly used by and for WTA users, in a safe and clean condition. WTA shall repair any damages to the area being used for the bus shelter (other than normal wear and tear). 6. Towing of Vehicles. For any vehicle blocking the bus stop, WTA may order such vehicle to be towed away at the vehicles owner's expense and risk after 6:00 AM and before 6:00 PM weekdays, except for holidays. WTA agrees to defend, indemnify, and hold COUNTY and CITY harmless from any and all claims arising out of the towing of vehicles at the request of WTA. ' RCW 9.91.025 WTA Bus Shelter Agreement Lookout Mountain Forest Preserve Page 1 233 7. Insurance & Indemnification & Liability. With regard to insurance and liability for property damage and personal injury the following provisions shall apply. 7.1 WTA expressly each waives, all immunity and limitation on liability under any industrial insurance act, including Title 51 RCW, other worker's compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. BY INITIALING BELOW WTA CERTIFIES THAT THE WAIVER OF IMMUNITY SPECIFIED BY THIS PROVISION WAS MUTUALLY NEGOTIATED. Date WTA 7.2 To the extent allowed by law, WTA and its successors and assigns will defend and indemnify COUNTY and CITY and its authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the negligent acts or omissions of WTA, its agents, contractors, or employees. The obligations in this paragraph shall not include such claims, costs, damages or expenses to the extent caused solely by the negligent acts of COUNTY and CITY or its authorized agents or employees; PROVIDED, that if the claims or damages are caused by or result from the concurrent negligent acts of (a) COUNTY and CITY, its agents, contractors, or employees and (b) WTA, its agents, contractors, or employees, or involves those actions covered by Chapter 4.24.115 RCW, the indemnity provision shall be valid and enforceable only to the extent of the negligent acts of WTA's agents or employees. 7.3 At all times during the term of this Agreement, WTA shall maintain an insurance policy of self-insurance or a commercial liability insurance policy, providing public liability coverage for defense and indemnity of property damage (including damage to Premises) and personal injury of not less than two Million Dollars ($2,000,000.00) combined single limit per occurrence, with a general aggregate amount of not less than Four Million Dollars ($4,000,000.00) per policy period and name COUNTY and CITY as an additional insured as to WTA operations covered by this Agreement. WTA shall provide to COUNTY and CITY evidence reasonably acceptable to COUNTY and CITY of its self -insured status and the status of COUNTY and CITY as an additional insured. WTA insurance shall be considered primary and shall waive all rights of subrogation. The County and City insurance shall be noncontributory. 7.4 In the event that WTA, after commencement of this Agreement, elects to terminate its self -insured status and secure commercial liability coverage, WTA will promptly notify COUNTY and CITY, and provide a certificate of insurance and a certificate naming COUNTY and CITY as an "additional insured" from an insurer licensed to conduct business in the State of Washington. The insurance shall have not less than the coverages specified in section 7.3 above. WTA Bus Shelter Agreement Lookout Mountain Forest Preserve Page 2 234 8. Governmental Charges. WTA shall not be responsible for any taxes, assessments, or governmental charges of any kind which may be levied against the Premises except those required for the installation and maintenance of a bus shelter. 9. Termination. WTA will discontinue its use of the Premises on termination of this Agreement, will remove all signs and structures placed on the premises by WTA, and will repair any damage to the premises caused by their removal, and will restore the Premises to as good a condition as existed prior to the execution of this Agreement no later than 30 days after termination of the Agreement. City and County may mutually agree to terminate the license granted herein, with or without cause, on 30 days written notice to WTA at no expense to the City or County. 10. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be in writing addressed to the other party at the addresses as follows: To COUNTY: Whatcom County Parks & Recreation 3373 Mount Baker Hwy Bellingham, WA 98226 To CITY: City of Bellingham Public Works/Natural Resources 2221 Pacific Street Bellingham, WA. 98226 To WTA: Whatcom Transportation Authority 4011 Bakerview Spur Bellingham, WA 98226 Or such address as may have been specified by notifying the other party of the change of address. Notice shall be deemed served on the date of actual delivery or the first attempted delivery as shown on the return receipt if mailed with the United States Postal Service by certified mail, return receipt requested. 11. Accommodation. The parties agree to make reasonable accommodations and work together to resolve problems that may arise from time to time. Upon seven (7) days' advance notice to WTA, or such lesser time as may be acceptable to WTA, COUNTY and CITY may secure the use of the Premises on a limited number of dates to allow for construction on surrounding property or special events. In this event, COUNTY and CITY will designate an alternate bus stop location. 12. Equal Opportunity. WTA agrees that in the conduct of activities on the Premises, it will be an equal opportunity employer in accordance with Title VII of the Civil Rights Act of 1964, 42 USC §2000 et seq. and shall comply with all requirements of the ADA. 13. Survival. All obligations of WTA, as provided for in the Agreement, shall not cease upon the termination of this Agreement and shall continue as obligations until fully WTA Bus Shelter Agreement Lookout Mountain Forest Preserve Page 3 235 performed. All clauses of this Agreement, which require performance beyond the termination date, shall survive the termination date of this Agreement. 14. Entire Agreement. This document contains the entire agreement between the parties and supersedes all other statements or understanding between the parties. 15. Assignment. The license granted herein may not be transferred or assigned by WTA without the express written consent of the City and the County. This Agreement is dated this day of VWHATCOM TRANSPORTATION AUTHORITY Peter L. Stark Whatcom Transportation Authority 2018 WHATCOM COUNTY Jack Louws, County Executive fV ichaeVN16rarlane, Director Whatcom County Parks & Recreation Approved as to form: Elizabeth Ilery, i it Deputy Prosecuting Attorney WTA Bus Shelter Agreement Lookout Mountain Forest Preserve Page 4 236 EXECUTED this day of , 2018 for the CITY OF BELLINGHAM by: Department Approval Mayor Public Works Director Attest Approved as to Form Finance Director Office of the City Attorney WTA Bus Shelter Agreement Lookout Mountain Forest Preserve Page 5 237 S �M W W _ _ —N —_----------PROPOSED BUS SHELTER LOCATION ----�— NEW ASPHADT PPRW T - PER CWNtt STANDARD DERAIL ]05.0-�. SAWCUT NEAW LOAD CRA\il BUS STOP ��--- SECTION AREA (i]P) k RENOVE 11^ E%1$RNG '— _ 1U.NJn' /ELmIOIJ 29 ��� ]OR rvuEAGE I P — u/PJBE9 (CO(BREVE N ES NE) 1 r \r NE— LOAD f SECTON AREA I I I WHATCOM COUNTY PARKS & RECREA/f10N TPN 370407080450 / / I I I I RMEW 'APPROVAL- i LN FUR t:P.NRR'nL (:II.NPL.." AN" CUNSLS'I EN)Cl' WIT.. API LICAbLF W'RATCOM CUUNTY (%1DEN. NF.l:l I1.1TlUNS'ANnrt)RSTAN'DAHns 1�` a NU ItE91'UNSlllillll'IS Aa'RUMED 0�:�`C g1URRftTNE%YDFnAY'A, , o° ImMBSSR)NSUR nFI'AiL9 IU:YAIITMF,NTUF YURLIC W(IRKYCNI:INEF.RINC NF.N\'ICFN Br; oATE;J_1_ AC/JUNCTIO niE1CR UnCiiO N PO% EO CNAISL s IATE LL, fo .. —vim•--F— E%IS BF 6 LAKE LOUISE ROAD 1 'L1ENT LOAD B' L Y 9 W S-1/Y H 1- .A— SECTION CONC. MHE'EL STOP S m 'ANEA (T1P) (TW) EACN STALL f f� A 3', x t wt1 f 1 6 Ai s NO PLhA r „„rcrctt - k •, ='F` ;�4,u SEE 4fFET'COS. 5 5'Cq VEL PATH w� —LnNDsclw:nc —CONCRETE (>'-GCN N'L / HORIZONTAL SCALE FEET v.� T KMEN �•� _ 1 aPPRox MniE Rer(� _ \ \ ,1 _�_ canvEL y �W I'UOET SOUND E�CRC� IPN 3701060 ?80158 1 NO PM C 1f(gNO PERNiT REOUIREp f r BU R> %DE ,<RAV% PATH - ... Z CETC`PER T(SDOR Alr CRINGER PUMP s; C'T WAN F CECR „ATE Faaurr, caonm rE ..LFACTJR .PER T' I_ \ NANUFNRER'S :� \ REWIRENENTS. 238 WFIATCO41 COUNTY COUNCIL AGENDA BILL NO. 2018-066 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Criminal Justice & SK 9113118 Ate, �� n r 9125118 Public Safety Division Head: Dept. Head: Prosecutor: v _ Purchasing/Budget Executive: \ q 711 TITLE OF DO ENT: District Court will present its report to Council ATTACHMENTS: 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 all 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.) District Court will present its report to Council 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. 239 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2018-066 CLEARANCES Initial Date Date Received in Council Qfice Agenda Date Assigned to: Originator Criminal Justice & SK 911.3118 "A ty,QK 9125118 Public Safety Division Head: Dept. Head: SEP 1, 7 2010 Prosecutor: —A Purchasing/Budgets Q w N Executive.. 4S TITLE OF DOCVAWN—T. Superior Court will present its report to Council A TTA CHMENTS: SEPA review required? ) Yes (x ) NO Should Clerk schedule a hearing? Yes (x NO SEPA review completed? ) Yes ( x ) NO Requested Date: S UMMAR Y S TA TEMENT OR LEGAL NOTICE LANG VA GE.* (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 RCWor WCC as appropriate. Be clear in explaining the intent of the action.) Superior Court will present its report to Council 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. 240 WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. 2018 76 D CLEARANCES Initial Date Date Received in Council Office Agenda. Date Assigned to: Originator: Council 7/2/2018 7/10/2018 SCOTW Division Head: 7/24/2018 SCOTW Dept. Head: ` t 9/11/2018 SCOTW Prosecutor: SCOTW PurchasingBud et: Executive: TITLE OF DOCUMENT: Discussion of Preliminary Draft Comp Plan and Zoning Code Amend mnts-Cherry Point ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you 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 preliminary draft Comprehensive Plan and Zoning Code amendments - Cherry Point COMMITTEE ACTION: COUNCIL ACTION. 7/10/2018: Discussed and amended 7/24/2018: Held in Committee 9/11/2018: Held in Committee 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 otz the County's website at: www.co.whatcom.wa.us/council. 241 Preliminary Draft - July 25, 2018 Exhibit A Whatcom County Comprehensive Plan Amendments Amend the Whatcom County Comprehensive Plan (Chapter 2 - Land Use) as follows: Major Industrial Urban Growth Area / Port Industrial Cherry Point The Cherry Point Urban Growth Area (UGA) contains approximately 7,000 acres of industrial land. The land has long been planned and designated by Whatcom County for industrial development and is currently the site of three major industrial facilities including two oil refineries and an aluminum smelter. Together, these three existing industries own about 4,400 acres of the total Cherry Point industrial lands. A fourth large tract of undeveloped land constituting approximately 1,500 acres is designated for industrial development. Because of the special characteristics of Cherry Point, including deep water port access, rail access, and proximity to Canada, this area has regional significance for the siting of large industrial or related facilities. General Petroleum constructed the Ferndale Refinery in 1954, Alumax/Pechiney/Howmet constructed the Aluminum Smelter in 1966, and the Atlantic Richfield Company constructed the Cherry Point Refinery in 1971. The existing industries in the Cherry Point UGA, which provide significant employment, have produced and shipped refined fossil fuels and other products for decades. Cherry Point is also important historically and culturally to the Coast Salish people, and part of the usual and accustomed fishing area for five treaty tribes, reserved under the Treaty of Point Elliot of 1855. The Lummi Nation and Western Washington University have identified an ancestral village dating back over 3,000 years ago in this area. The Cherry Point UGA contains sites of primary archeological and cultural significance. Since the designation of this area for industrial development years ago, newer scientific study of the shoreline ecology has identified Cherry Point's unique function as part of the Fraser River/Georgia Strait and greater Salish Sea ecosystem and the associated Cherry Point Aquatic Reserve has been designated by the state Department of Natural Resources to recognize the ecological importance of the aquatic lands in this area. Since adoption of earlier versions of this Comprehensive Plan, governments have increased their recognition of the observed and projected effects that fossil fuel extraction, transportation and use have on human health and the environment. 242 Preliminary Draft - July 25, 2018 Policy 2CC-11: It is the policy of Whatcom County to limit the number of industrial piers at Cherry Point to the existing three piers, taking into account the need to: enfeFeeable agreements for an additional k/pier • Update the Whatcom County Shoreline Master Program to conform with this policy; • Encourage the continued agency use of best available science; • Support and remain consistent with the state Department of Natural Resources' withdrawal of Cherry Point tidelands and bedlands from the general leasing program and the species recovery goals of the Cherry Point Aquatic Reserve designation and Management Plan; • Recognize federal actions upholding treaty rights; • Protect traditional commercial and tribal fishing; and • Prevent conflicts with vessel shipment operations of existing refineries that could lead to catastrophic oil or fuel spills. Policy 2CC-16: The County will, through applicable permitting processes, sba-EI ZI ....,....,,, ...,, ,,. ,w ,.,y .,. health,to publie safety,development,building,HRr permitting,eleelffieal,nuisanee,and fiFe eedes, and dev-e� seek to limit the negative impacts on public safety, transportation, the economy, and environment from new or expanded crude oil, coal, liquefied petroleum gases, ai d-natural gas, and hazardous substance exports from the Cherry Point UGA above levels in existence as of March 1, 2017. -MR.- - - -G : - - • • I • 0 • i I KQ QZi: 0 1. M 14101 MCA I• NO I L7� TlT�l�lJl1'.lS�_'f'JL�: • ■ • : - 2 243 Preliminary Draft - July 25, 2018 r � 7 0' � � i C• C i� i i i � C� � � �� •I 'Jill 'Jill �. �- -�- :Act. so'lill. 0' s :: • The Prosecuting Attorney and/or the County Administration should provide the County Council written notice of all known pre - application correspondence or permit application submittals and notices, federal, state, or local that involve activity with the potential to expand the export of fossil fuels from Cherry Point. Policy 2CC-17: Policy 2CC-16 shall not limit existing operations or maintenance of existing facilities as of March 1, 2017. Amend the Whatcom County Comprehensive Plan (Appendix A - Glossary) as follows: Hazardous Substance: Any liquid, solid, gas, or sludge, including any material substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical or biological properties described in WAC 173-303-090 and/or173-303-100. 244 Preliminary Draft - July 25, 2018 Exhibit B Whatcom County Code Title 20 Amendments Ught Impact,tDistrict, Amend WCC 20. 66, 050, L11 Permitted Uses, as follows: .063 Rail, truck and freight terminals; warehousing and storage; parcel delivery service; freight forwarding; inspection weighing services; and packaging and crating; except that new or expanded crude oil, liquefied petroleum gas, and natural gas facilities require a conditional use permit. .067 Construction contractors' business offices and related storage and equipment yards. .068 Wholesale trade or storage of durable and nondurable goods including automobile parts and supplies; tires and tubes; furniture and home furnishings; lumber and other construction materials; sporting goods, toys and hobby goods; metal service centers and offices; electrical goods; hardware, plumbing and heating equipment; machinery equipment and supplies; jewelry, watches and precious stones; other durable goods; paper and paper products; drugs, proprietaries and sundries; apparel, piece goods and notions; groceries and related products; beer, wine and distilled beverages; waste bottles; waste boxes; rags; waste paper; wiping rags and miscellaneous nondurable goods; , except that: (1) tTrade, storage or processing of sulphur shall be prohibited_ (2) New or expanded crude oil, liquefied petroleum gas, and natural gas facilities require a conditional use permit. .081 Freight railroad switching yards and terminals; except that new or expanded crude oil, liquefied petroleum gas, and natural gas facilities require a conditional use permit. Amend WCC 20.66.150, L11 Conditional Uses, as follows: .170 New or expanded transportation, storage and distribution facilities for crude oil, liquefied petroleum gas, and/or natural gas. Amend WCC 20.66.200, L11 Prohibited Uses, as follows: .204 Bulk coal storage facilities. 0 245 Preliminary Draft - July 25, 2018 ea y Impact /nd -b€ l (m ) District Amend WCC 20.68.050, HII Permitted Uses, as follows: .054 The following are permitted uses except as otherwise prohibited: (1) The manufacture and process of paper including pulp, paper and paperboard mills; and building paper and board mill products. (2) The manufacture and processing of chemicals and allied products including industrial inorganic and organic chemicals; synthetic resins, rubber, fibers and plastic materials; soap, detergents and cleaning preparations; paint, linseed oil, shellac, lacquer and allied products; chemicals from gum and wood; and agricultural chemicals. (3) Refining and accessory storage of petroleum and asphalt. On July 10, 2018, the County Council's Special Committee of the Whole provided direction to continue to allow accessory storage of refined petroleum products (such as gasoline) as a permitted use. Question: Storage of crude oil for export would require a conditional use permit. Is it Council's intent to allow new or expanded storage facilities for crude oil that will be refined on -site as a permitted use or require a conditional use permit in the Heavy Impact Industrial zone? (4) The manufacture and processing of rubber and plastic products. (5) Leather tanning and finishing. (6) The manufacture and processing of cement and glass; and concrete, gypsum, plaster, abrasive, asbestos and nonmetallic mineral products. (7) Primary metal industries including blast furnaces and steel works; mills for primary smelting, secondary smelting, refining, reducing, finishing, rolling, drawing, extruding, and casting of ferrous and nonferrous metals; and the manufacture of miscellaneous metal products. .059 Bulk commodity storage facilities, and truck, rail, vessel and pipeline transshipment terminals and facilities; except that new or expanded crude oil, liquefied petroleum gas, and natural gas facilities require a conditional use permit. .081 Freight railroad switching yards and terminals; except that new or expanded crude oil, liquefied petroleum gas, and natural gas facilities require a conditional use permit. 5 246 Preliminary Draft - July 25, 2018 WCC 20.68.100, H11 Accessory Uses, currently allows: .105 Other accessory uses and buildings, including security services, customarily appurtenant to a principally permitted use. Note: No changes are currently proposed to WCC 20.68.105. It is included for informational purposes. Amend WCC 20.68.150, H11 Conditional Uses, as follows: .170 New or expanded transportation, storage, and distribution facilities for crude oil, liquefied petroleum gas,, and/or natural gas. Amend WCC 20.68.200, H11 Prohibited Uses, as follows: .201 New piers in the Cherry Point Urban Growth Area. Reserved. .204 Bulk coal storage facilities. 0 247 Preliminary Draft - July 25, 2018 Public Utilities Chapter Amend WCC 20.82.030, Conditional Uses in the Public Utilities Chapter, as follows: 20.82.030 Conditional uses. The following uses shall require a conditional use permit (1) Petroleum Pipelines -- Pipelines carrying petroleum, petroleum products, and/or liquefied petroleum gas, except for: (a) Replacement pipelines that are no larger than the pipelines being replaced, which are permitted. (b) Natural gas pipelines, which are regulated as set forth in (2) below. T-Fansmissien pipelines, eF pipelines temqed a distFibutien pipeline but having ehaFaeteFastlies that fit theef a pett=eleurn and pel-Feleung pFeduets ether than natur-al gas when such be c the Heavy IRI:k_w . (2) Natural Gas Pipelines — Pipelines carrying natural gas, except for: (a) Replacement pipelines that are no larger than the pipelines being replaced, which are permitted. (b) Distribution lines that provide service directly to customers for consumption. which are permitted. •- -Wo :- -. WE M. Preliminary Draft — July 25, 2018 ProjectIrlapr Farmers Chapter Amend WCC 20.88.215, Major Project Permit Procedures, as follows: .215 Procedures. Major project hermit MasteF plan review shall be conducted under current review procedures. Other land use reviews may be conducted concurrently with the major project permitmasteF plaR review. (a) Any medifleatiens, additiens eF changes to an approved major project perm itmaste;-plaR are subject to the following: (i) Minor changes require approval of the zoning administrator, upon consultation with the technical committee. Minor changes are those amendments which may affect the dimensions, location and type of improvements of facilities; provided, the amendment maintains the basic character of the major project permit application approved by the county council including general type and location of dwellings and other land use activities, arrangement of buildings, density of the development, and provisions of the project to meet density bonus and open space requirements; and provided further, the standards of this chapter are met. (ii) Major changes require approval of the county council. Major changes are those amendments which, in the opinion of the zoning administrator, upon consultation with the technical committee, substantially change the basic land use, design, density, openspace or other requirements of the major project permit. No building or other permit shall be issued without prior review and approval of major changes by the county council subject to the fees as contained in the unified fee schedule. (iii) Major project permits may include, as a condition of their approval, a requirement for periodic progress reports and mandatory updates on a predetermined interval. e, Preliminary Draft - July 25, 2018 D`in s Chapter 20.97.434.1 Technical committee. "Technical committee" or "technical review committee" means the designated representatives of the Whatcom County Planning and Development Services Director, who shall act as chairperson, the Whatcom County Public Works Director, and the Whatcom County Health Department Director. 250 Preliminary Draft - July 25, 2018 Exhibit C Whatcom County Code Title 22 Amendments Amend WCC 22.05, Project Permit Procedures, as follows; 22.05.110 Final decisions-- Type I, II, and III applications. (1) The director or designee's final decision on all Type I or II applications shall be in the form of a written determination or permit. The determination or permit may be granted subject to conditions, modifications, or restrictions that are necessary to comply with all applicable codes. (2) The hearing examiner's final decision on all Type III applications per WCC 22.05.020 or appeals per 22.05.160(1) shall either grant or deny the application or appeal. (a) The hearing examiner may grant Type III applications subject to conditions, modifications or restrictions that the hearing examiner finds are necessary to make the application compatible with its environment, carry out the objectives and goals of the Comprehensive Plan, statutes, ordinances and regulations as well as other official policies and objectives of Whatcom County. (b) Performance bonds or other security, acceptable to the prosecuting attorney, may be required to ensure compliance with the conditions, modifications and restrictions. (cc) Insurance Placeholder (de) The hearing examiner shall render a final decision within 14 calendar days following the conclusion of all testimony and hearings. Each final decision of the hearing examiner shall be in writing and shall include findings and conclusions based on the record to support the decision. (ed) No final decision of the hearing examiner shall be subject to administrative or quasi-judicial review, except as provided herein. 10 251 Preliminary Draft — July 25, 2018 (fe) The applicant, any party of record or any county department may appeal any final decision of the hearing examiner to superior court, except as otherwise specified in WCC 22.05.020. 22.05.120 Recommendations and final decisions — Type IV aDDlications. (1) For Type IV applications per WCC 22.05.020 the hearing examiner's recommendations to the county council may be to grant, grant with conditions or deny an application. The hearing examiner's recommendation may include conditions, modifications or restrictions as may be necessary to make the application compatible with its environment, carry out the objectives and goals of the Comprehensive Plan, statutes, ordinances and regulations as well as other official policies and objectives of Whatcom County. (2) Each recommended decision of the hearing examiner for an application identified as a Type IV application per WCC 20.05.020 shall be in writing to the clerk of the county council and shall include findings and conclusions based upon the record to support the decision. Such findings and conclusions shall also set forth the manner in which the decision carries out and conforms to the county's Comprehensive Plan and complies with the applicable statutes, ordinances or regulations. (3) The deliberation of the county council on quasi-judicial actions shall be in accordance with WCC 22.05.090(4) and Chapter 42.36 RCW. (4) For planned unit developments and major project permits the following shall apply: (a) The recommendation of the hearing examiner regarding planned unit developments and major project permits shall be based upon the criteria set forth in WCC 20.85.335 and 20.88.130, respectively. (b) The hearing examiner shall file the recommendation with the clerk of the county council within 21 calendar days following the conclusion of the open record hearing. (c) The county council shall conduct the following within the specified timeframes, except as provided in subsection (iii): (i) Hold a public meeting, not an open record public hearing, to deliberate on the project application within 28 calendar days after receiving the hearing examiner's recommendation. 11 252 Preliminary Draft - July 25, 2018 (ii) Issue a final written decision within 21 calendar days of the public meeting. (iii)The county council may exceed the time limits in subsection (i) or (ii) if the county council meeting schedule does not accommodate a meeting within the above timeframes, or if the county council makes written findings that a specified amount of additional time is needed to process a specific application or project type, per RCW 36.70B.080(1). (5) The county council's final written decision may include conditions when the project is approved and shall state the findings of fact upon which the decision is based. (a)Performance bonds or other security, acceptable to the prosecuting attorney, may be required to ensure compliance with the conditions modifications and restrictions. (b) In'surance Placeholder (6) Any deliberation or decision of the county council shall be based solely upon consideration of the record established by the hearing examiner, the recommendations of the hearing examiner and the criteria set forth in county code. 12 253 Preliminary Draft - July 25, 2018 Exhibit D Whatcom County Code Title 16 Amendments Amend WCC 16.08, State Environmental Policy Act (SEPA), as follows: 16.08.121 Preparation of EIS — Greenhouse gas analysis. If a draft EIS and final EIS or draft and final SEIS is required for new or expanded transportation, storage, or distribution facilities for crude oil, liquefied petroleum gas, or natural gas, the EIS or SEIS shall include a greenhouse gas analysis. IV 254 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018 - 273 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator 9/18/2018 Ilk � � � � 9/25/2018 COTW Division Head: SEP 10 Q 2018 r7�1�+ ` De x Head- Prosecrrrar': -,./VHATi, OM C -QU!'1 T f Prrrclraritr 8rr et' """OUNCIi 1V Ili Faecrrrive: TITLE OF DOCUMENT.• Dis Council's preferred direction providing housing and service unsheltered ATTACHMENTS: SEPA review required? ( ) Yes ( ) 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.) Discussion of Council's preferred direction for providing housing and related services to those living unsheltered in Whatcom County COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution n Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Cunny !,'s website at: www.co. ri•lxrrc om. Iva. usleutr►rriL 255 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 WHATCOM COUNTY COUNCIL Committee Of The Whole September 11, 2018 CALL TO ORDER Council Chair Rud Browne called the meeting to order at 9:35 a.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Tim Ballew, Barbara Brenner, Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, and Satpal Sidhu Absent: None COMMITTEE DISCUSSION 1. DISCUSSION WITH SPECIAL DEPUTY PROSECUTING ATTORNEY ROD BROWN REGARDING LEGAL WAYS THE COUNTY MAY REDUCE THE IMPACTS ON THE COUNTY FROM INCREASED FOSSIL FUEL EXPORTS FROM THE CHERRY POINT URBAN GROWTH AREA (AB2018-018) Attorneys Present: Rod Brown and Karen Frakes Browne stated that discussion of agenda item one may take place in executive session pursuant to RCW42.30.110 (1) (i). Executive session will conclude no later than 10:30 a.m. If the meeting extends beyond the stated conclusion time, he will step out of the meeting to make a public announcement. Buchanan moved to go into executive session until no later than 10:30 a.m. to discuss the agenda items pursuant to RCW citations as announced by the Council Chair. The motion was seconded. The motion carried by the following vote: Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7) Nays: None (0) OTHER BUSINESS ADJOURN The meeting adjourned at 10:25 a.m. The Council approved these minutes on ATTEST: 2018. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON 256 3 Dana Brown -Davis, Council Clerk Rud Browne, Council Chair 4 5 6 7 8 Jill Nixon, Minutes Transcription 257 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 WHATCOM COUNTY COUNCIL Special Committee of the Whole September 11, 2018 CALL TO ORDER Council Chair Rud Browne called the meeting to order at 3:07 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Tim Ballew, Barbara Brenner, Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, and Satpal Sidhu. Absent: None. COMMITTEE DISCUSSION 1. DISCUSSION OF PRELIMINARY DRAFT COMPREHENSIVE PLAN AND ZONING AMENDMENTS — CHERRY POINT (AB2018-076D) Matt Aamot, Planning and Development Services Department, gave a staff report and answered questions. Councilmembers and staff discussed a public comment period, whether or not to make new or expanded storage facilities for crude oil that will be refined onsite a permitted or accessory use, the possibility of allowing permitting for anything up to 110 percent of current capacity, and tying the storage ability to the refining capacity, and the conditional use criteria and environmental impacts statement (EIS) process. Pam Brady, BP Cherry Point, stated she can provide technical experts from her company to speak to suggestions about capacity. Councilmembers and staff discussed catastrophic insurance requirements and the types of permits to which they would apply and about getting more information on existing industry insurance requirements and who has title and liability of crude oil when it's transported by rail through Whatcom County. Brenner moved to hold the agenda item in committee to get more information on the items they discuss today. The motion was seconded. The motion failed by the following vote: Ayes: Brenner and Byrd (2) Nays: Ballew, Browne, Buchanan, Donovan, and Sidhu (5) 258 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Mark Personius, Planning and Development Services Director, answered questions. Aamot continued the staff report on the Public Utilities Chapter and federal and state permitting. Councilmembers and staff discussed the processes for completing local, State and federal project permit requirements. Donovan moved to add language to Section 20.88.130, "(8) Will have obtained, if required, a state aquatic lands lease, a federal permit under Section 10 of the Rivers and Harbors Act (for structures in or over navigable waters of the U.S.), and/or a federal permit under Section 404 of the Clean Water Act (for fill into waters of the U.S.) prior to county council approval of the major project permit." The motion was seconded. Browne suggested a friendly amendment, "...prior to eeunty eeu approval of the major project permit." Donovan accepted the friendly amendment. The motion carried by the following vote: Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5) Nays: Brenner and Byrd (2) Browne moved to amend to add language to add a condition to the major project permit process, "The applicant has no unresolved, unpaid taxes, permit/zoning violations, valuation disputes with the County greater than $100,000 at the time of application." The motion was seconded. Karen Frakes, Prosecutor's Office, stated she would review the language in the motion for legality. Browne withdrew the motion. Donovan moved to amend packet page 511, to amend language in section 20.82.030, subsections (1)(a) and (2)(a), 'Replacement, pipelines in the same right-of-way that do not increase the capacity of the pipelines being replaced, which are permitted." Councilmembers discussed a company's ability to increase capacity without increasing pipeline size, allowing a company to replace pipe as necessary, and minimizing risk to the public from higher capacity and pressure pipelines. The motion was seconded. The motion carried by the following vote: Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5) Nays: Brenner and Byrd (2) 259 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (Clerk's Note: Councilmember Buchanan left the meeting at 4:43 p.m.) Browne moved to amend Policy 2CC-16 to avoid unintended consequences, "...natural gas, and hazardeus radioactive substance exports from the Cherry Point...." The motion was seconded. Councilmembers and staff discussed the definition of hazardous substances and how this amendment to the Comprehensive Plan would impact the County's current regulations, and limiting negative impacts instead of identifying substances. The motion carried by the following vote: Ayes: Ballew, Brenner, Browne, Byrd, and Donovan (5) Nays: Sidhu (1) Absent: Buchanan (1) Aamot stated he will work with the Council Chair to develop a list of questions to ask industry to get more information on the topics discussed and questions raised. 2. DISCUSSION REGARDING PROPOSED ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE PLAN AND THE WHATCOM COUNTY CODE TITLE 24, HEALTH CODE, RELATING TO WATER RESOURCES AND THE IMPLEMENTATION OF ESSB 6091 (ORDINANCE SCHEDULED FOR INTRODUCTION THIS EVENING) (AB2018-253) Cliff Strong, Planning and Development Services Department, gave a staff report. (Clerk's Note: Councilmember Byrd left the meeting at 4:55 p.m.) Karen Frakes, Prosecutor's Office, answered questions on making the correction to meet legislative requirements. Sidhu moved to recommend introduction to the full Council. The motion was seconded. The motion carried by the following vote: Ayes: Ballew, Brenner, Browne, Sidhu, and Donovan (5) Nays: None (0) Absent: Buchanan and Byrd (2) OTHER BUSINESS There was no other business. ADJOURN 260 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 The meeting adjourned at 5:00 p.m. The Council approved these minutes on , 2018. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Rud Browne, Council Chair 261 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 WHATCOM COUNTY COUNCIL Regular County Council Meeting September 11, 2018 CALL TO ORDER Council Chair Rud Browne called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Tim Ballew, Barbara Brenner, Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, and Satpal Sidhu. Absent: None. The motion carried by the following vote: Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7) Nays: None(0) FLAG SALUTE ANNOUNCEMENTS SPECIAL ORDER OF BUSINESS 1. PROCLAMATION DECLARING SEPTEMBER AS NATIONAL RECOVERY MONTH IN WHATCOM COUNTY (COUNCIL ACTING AS THE WHATCOM COUNTY HEALTH BOARD) (AB2018-252) Perry Mowery, Health Department, gave a staff report and read the proclamation. Donovan moved to approve the proclamation as the Board of Health. The motion was seconded. The motion carried by the following vote: Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7) Nays: None(0) MINUTES CONSENT 262 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Brenner moved to approve the Minutes Consent items one through nine. The motion was seconded. The motion carried by the following vote: Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7) Nays: None(0) 1. SPECIAL COMMITTEE OF THE WHOLE (AM) FOR JULY 10, 2018 2. COMMITTEE OF THE WHOLE FOR JULY 10, 2018 3. SPECIAL COMMITTEE OF THE WHOLE (PM) FOR JULY 10, 2018 4. COUNTY COUNCIL FOR JULY 10, 2018 S. BOARD OF HEALTH FOR JULY 17, 2018 6. COMMITTEE OF THE WHOLE FOR JULY 24, 2018 7. SPECIAL COMMITTEE OF THE WHOLE FOR JULY 24, 2018 8. COUNTY COUNCIL FOR JULY 24, 2018 9. COUNTY COUNCIL FOR AUGUST 8, 2018 OPEN SESSION The following people spoke: • Jim Peterson, HomesNOW, submitted a handout (on file) and spoke about the status of the Homes Now Unity Village project. • Phil Morgan spoke about the preliminary draft Comprehensive Plan and zoning amendments - Cherry Point (AB2018-076D). • Rob Roth, Laborer's Local 292 Member, spoke about the preliminary draft Comprehensive Plan and zoning amendments - Cherry Point (AB2018-076D). • Rochelle Hollowell submitted and read from a handout (on file) and spoke about law enforcement and emergency response services in East County. • Trevor Smith, Laborer's Local 292 Member, spoke about the preliminary draft Comprehensive Plan and zoning amendments - Cherry Point (AB2018-076D). • Ivy Little submitted and read from a handout (on file) and spoke about law enforcement and emergency response services in East County. • Michael Gallegos, Laborer's Local 292 Member, spoke about the preliminary draft Comprehensive Plan and zoning amendments - Cherry Point (AB2018- 076D). • Dana Briggs spoke about the Homes Now Unity Village project and the preliminary draft Comprehensive Plan and zoning amendments - Cherry Point (AB2018-076D). • Patrick Alesse spoke about homeless housing, jobs, and planning in Whatcom County. 263 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 OTHER ITEMS Tyler Schroeder, Executive's Office, gave a staff report and answered questions on the status of the Homes Now Unity Village project lease and on the cost of a Sheriff deputy officer and how to get additional patrols in the East County. CONSENT AGENDA Sidhu reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through six. The motion carried by the following vote: Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7) Nays: None(0) I. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND BELLINGHAM SCHOOL DISTRICT TO PROVIDE BEHAVIORAL HEALTH SERVICES WITHIN THE BELLINGHAM SCHOOL DISTRICT, IN THE AMOUNT OF $138,000, FOR A TOTAL AMENDED CONTRACT AMOUNT OF $483,000 (AB2018-244) 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND MT. BAKER SCHOOL DISTRICT TO PROVIDE BEHAVIORAL HEALTH SERVICES WITHIN THE MT. BAKER SCHOOL DISTRICT, IN THE AMOUNT OF $108,000, FOR A TOTAL AMENDED CONTRACT AMOUNT OF $378,000 (AB2018-245) 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND SEAMAR COMMUNITY HEALTH CENTER TO ESTABLISH THE HUB AGENCY THAT WILL FACILITATE THE GROUND -LEVEL RESPONSE AND COORDINATED ENGAGEMENT (GRACE) PROGRAM, IN THE AMOUNT OF $660,160.31 (AB2018-246) 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE RECREATION AND CONSERVATION OFFICE TO RECEIVE FUNDS TO SUPPORT ACQUISITION OF A CONSERVATION EASEMENT ON THE BRAR PROPERTY, IN THE AMOUNT OF $157,200 (AB2018-247) S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND NATURAL RESOURCES CONSERVATION SERVICE TO RECEIVE MATCHING FUNDS FOR THE ACQUISITION OF AGRICULTURAL EASEMENTS ON THE VANDERWERFF, MCLEOD, AND ROPER PROPERTIES, IN THE AMOUNT OF $260,000 (AB2018- 248) 6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND NATURAL RESOURCE 264 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 CONSERVATION SERVICE TO RECEIVE MATCHING FUNDS FOR THE ACQUISITION OF AGRICULTURAL EASEMENTS ON THE CARBEE, BRAR, GREENWOOD, AND NEPTUNE BEACH PROPERTIES, IN THE AMOUNT OF $594,500 (AB2018-249) OTHER ITEMS 1. ORDINANCE ADOPTING AMENDMENTS TO THE PURCHASE OF DEVELOPMENT RIGHTS (PDR) PROGRAM (AB2018-235) Donovan reported for the Natural Resources Committee and stated this item is held in committee. 2. ORDINANCE AMENDING THE 2018 WHATCOM COUNTY BUDGET, TENTH REQUEST, IN THE AMOUNT OF $485,339 (AB2018-236) Sidhu reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. Councilmembers discussed leasing property to a company that holds a monopoly in the area. The motion carried by the following vote: Ayes: Ballew, Brenner, Browne, Buchanan, Donovan, and Sidhu (6) Nays: Byrd (1) 3. ORDINANCE AMENDING ORDINANCE NO. 2014-078 (ESTABLISHMENT OF THE 2015 LIGHTHOUSE MARINE PARK IMPROVEMENT FUND AND PROJECT BASED BUDGET FOR LIGHTHOUSE MARINE PARK IMPROVEMENTS), FOR THE SECOND TIME TO ADD $54,000 OF EXPENDITURE AUTHORITY, FOR A TOTAL AMENDED PROJECT BUDGET OF $328,500 (AB2018-237) Sidhu reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7) Nays: None(0) 4. RESOLUTION DECLARING WHATCOM COUNTY REAL PROPERTY AS SURPLUS (PROPERTY KNOWN AS THE WELCOME PIT) AND SETTING A DATE FOR PUBLIC HEARING THEREON, PURSUANT TO WHATCOM COUNTY CODE 1.10 (AB2018-238) Sidhu reported for the Finance and Administrative Services Committee and stated this item is held for one year. S. RESOLUTION DECLARING WHATCOM COUNTY REAL PROPERTY AS SURPLUS (PROPERTY LOCATED ON DEETER ROAD) AND SETTING A DATE FOR PUBLIC 265 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 HEARING THEREON, PURSUANT TO WHATCOM COUNTY CODE 1.10 (AB2018- 211) Sidhu reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7) Nays: None(0) 6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A MEMORANDUM OF AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE DEPARTMENT OF ECOLOGY TO PROMOTE THE EFFICIENT USE OF LOCAL AND STATE AGENCY RESOURCES, PROVIDE TIMELY REVIEW AND RESPONSE TO BIOSOLIDS PROJECT PROPONENTS, AND ENSURE CONTINUED PROTECTION OF PUBLIC HEALTH AND THE ENVIRONMENT (AB2018-240) Sidhu reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7) Nays: None(0) 7. RESOLUTION AUTHORIZING PUBLIC WORKS TO SUBMIT A GRANT APPLICATION AND, IF SUCCESSFUL, FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND WASHINGTON STATE RECREATION AND CONSERVATION OFFICE FOR FUNDING THROUGH THE ESTUARY AND SALMON RESTORATION PROGRAM (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2018-241) Sidhu reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7) Nays: None(0) 8. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND HERRERA ENVIRONMENTAL CONSULTANTS TO PROVIDE ADDITIONAL SUPPORT TO UPDATE AND BROADEN THE SCOPE OF THE 1999 LOWER NOOKSACK RIVER COMPREHENSIVE FLOOD HAZARD MANAGEMENT PLAN AND TO INTEGRATE REACH -SCALE STRATEGIES FOR FLOOD RISK REDUCTION WITH THE NEEDS OF SALMON AND FLOODPLAIN LAND USE, IN THE AMOUNT OF $150,000, FOR A TOTAL AMENDED CONTRACT AMOUNT OF $189,000 (COUNCIL ACTING AS THE WHATCOM 266 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2018-242) Sidhu reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7) Nays: None(0) 9. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND UNITED STATES GEOLOGICAL SURVEY TO PROVIDE INTEGRATED MODELING TO SIMULATE THE EFFECTS OF THE PROPOSED PROJECT ALTERNATIVES FOR FLOOD HAZARD REDUCTION AND HABITAT IMPROVEMENTS, AND OF PROJECTED CHANGES IN STREAM FLOWS, SEDIMENT DELIVERY SEA -LEVEL RISE, STORM SURGES, AND WAVES IN THE REACH DOWNSTREAM OF FERNDALE, IN THE AMOUNT OF $250,000 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2018-243) Sidhu reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7) Nays: None(0) 10. RESOLUTION APPROVING THE LAKE WHATCOM WATER AND SEWER DISTRICT WATER SYSTEM COMPREHENSIVE PLAN (AB2018-256) Brenner reported for the Public Works and Health Committee and moved to approve the resolution. The motion carried by the following vote: Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7) Nays: None(0) 11. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT AMENDMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM CONCERNING THE BEN NETT/BAKERVIEW/AIRPORT DRIVE ANNEXATION (AB2018-251) Byrd reported for the Planning and Development Committee and moved to approve the request. The motion carried by the following vote: Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7) Nays: None(0) 267 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. APPOINTMENT TO THE WHATCOM COUNTY WILDLIFE ADVISORY COMMITTEE (TECHNICAL EXPERTISE IN WILDLIFE AND HABITAT MANAGEMENT REPRESENTATIVE), TERM ENDING DECEMBER 31, 2022, APPLICANT: ROBERT WADDELL (AB2018-214) (FROM AUGUST 8) Donovan moved to appoint Robert Waddell. The motion was seconded. Councilmembers spoke about residency requirements for advisory committees. The motion carried by the following vote: Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5) Nays: Byrd (1) Abstains: Brenner (1) 2. APPOINTMENT TO THE SURFACE MINING ADVISORY COMMITTEE (ECOLOGIST REPRESENTATIVE), APPLICANT: DUSTIN GLEAVES (AB2018- 222) Donovan moved to appoint Dustin Gleaves. The motion was seconded. The motion carried by the following vote: Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7) Nays: None(0) INTRODUCTION ITEMS Buchanan moved to accept the Introduction Items. The motion was seconded. The motion carried by the following vote: Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7) Nays: None(0) 1. RECEIPT OF APPLICATION TO FILL VACANCY ON THE WHATCOM COUNTY BUSINESS AND COMMERCE ADVISORY COMMITTEE (FOR -PROFIT ENTITY IN RECREATION REPRESENTATIVE), APPLICANT: CLARK CAMPBELL (COMMITTEE ADVISES THE WHATCOM COUNTY COUNCIL ON VARIOUS ISSUES, INCLUDING REGULATIONS AND POLICIES THAT COULD IMPACT LOCAL BUSINESSES, INDUSTRY, OR ECONOMIC DEVELOPMENT) (APPLICATION DEADLINE FOR ANY OTHER APPLICANTS IS 10 A.M. SEPTEMBER 18, 2018) (AB2018-239) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 2. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS PROPERTY PURSUANT TO WHATCOM COUNTY CODE 1.10 (AB2018-211A) 3. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE PLAN AND WHATCOM COUNTY CODE TITLE 24, HEALTH CODE (RELATING TO WATER RESOURCES AND THE IMPLEMENTATION OF ESSB 6091) (AB2018-253) 4. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, ELEVENTH REQUEST, IN THE AMOUNT OF $948,010 (AB2018-254) S. RESOLUTION AMENDING THE WHATCOM COUNTY FLOOD CONTROL DISTRICT AND SUBZONES 2018 BUDGET, THIRD REQUEST, IN THE AMOUNT OF $86,391 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2018-255) 6. REQUEST FOR PUBLIC COMMENT AND COUNCIL ACTION ON A REQUEST TO AUTHORIZE THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM TO PURCHASE INCLEMENT WEATHER PROTECTIVE GEAR FROM FUNDS PROVIDED BY THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM, IN THE AMOUNT OF $13,223 (AB2018-257) 7. RESOLUTION APPROVING THE WHATCOM COUNTY SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2019 THROUGH 2O24 (AB2018-250) COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES Councilmembers gave committee reports and updates on recent activities and upcoming events. ADJOURN The meeting adjourned at 7:58 p.m. The County Council approved these minutes on 12018. ATTEST: Dana Brown -Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Rud Browne, Council Chair 269 4 Jill Nixon, Minutes Transcription 270 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2018-211A CLEARANCES Initial Date Date Received in Council Office Azenda Date Assigned to: AH 8-17-18 9-11-18 Council Originator: 612 AU G 3 12 01, 8 Introduction Division Read: 9/25/18 Hearing Dept. Head: CDQ 0812112018 Prosecutor: WFAI"GOM PurchasinglBudget: sk INrit Executive: TITLE OF DO ""NT.- Authorizing the Sale of Whatcom County Surplus Property Pursuant to WCC-1.10 ATTACHMENTS. 1. Cover Memo 2. Resolution 3. Map of Site SEPA review required? ) Yes (X) NO Should Clerk schedule a hearing ? X ) Yes NO SEPA review completed? ) Yes ) NO Requested Date: 9-25-18 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires upublic hearing, you must provide the language for use in the required public notice. Be specific and cite RCWor WCC as appropriate. Be clear in explaining the intent of the action.) Per RCW and Whatcom County Code, the Whatcom County Property Management Committee has recommended the sale of Whatcom County real property located on Deeter Road, tax parcel number 400415 338138 0000, as surplus property. The property is approximately 0. 74 acres, and is to be sold by sealed bid with the minimum sale price of $5,000.00 (five thousand 00/100 dollars) COMMITTEE ACTION. • COUNCIL ACTION.• 9/11/2018: Introduced 7-0 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. 271 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JON HUTCHINGS DIRECTOR AGO M CO P Gti s a s� y t �9ShI NG�0 MEMORANDUM CIVIC CENTER 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 778-6200 FAX: (360) 778-6201 www. whatcomcounty.us To: The Honorable County Executive Jack Louws and Honorable Members of the County Council Through: Jon Hutchings, Director Z. From: Andrew Hester, Real Estate Coordinator Date: August 28, 2018 Re: Resolution Approving the Sale of Surplus Real Property Enclosed is a resolution requesting the approval of the sale of surplus Whatcom County real property. Requested Action Public Works respectfully requests that the Whatcom County Council hold a public hearing and take action on the proposed resolution to approve the sale of surplus Whatcom County real property. Background and Purpose Public Works received an application to purchase Whatcom County real property located on Deeter Road, tax parcel number 400415 338138 0000. The property was formally Township property that the County obtained when townships were formally dissolved. The property consists of two small rectangular tracts and is bisected by Deeter Road. It is approximately 0.74 acres. Public Works determined that the property was not needed for Public Works' operations. The Property Management Committee (PMC) reviewed the application and determined that the property was useless and not needed by any other department. Per RCW and Whatcom County Code, the PMC has recommended the sale of the property. The property is to be sold by sealed bid with the minimum sale price of $5,000 (five thousand 00/100 dollars). Funding Amount and Source The successful bidder is responsible for paying all costs associated with the sale of property. Please contact me at extension 6216 if you have any questions or concerns regarding this resolution. Encl. 272 I SPONSORED BY: 2 PROPOSED BY: Public Works 3 INTRODUCTION DATE: 9/11/2018 4 5 RESOLUTION NO. 6 AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS PROPERTY 7 PURSUANT TO WCC 1.10 8 9 WHEREAS, RCW 36.34.005 authorizes counties to establish comprehensive procedures for the 10 management of county property, including the sale of surplus real estate where it is found to be in the best 11 interest of a county to sell same; and 12 13 WHEREAS, in Whatcom County Code (WCC), Chapter 1.10, Whatcom County has established 14 those procedures; and 15 16 WHEREAS, the Whatcom County Property Management Committee has recommended the sale of 17 Whatcom County real property located on Deeter Road, tax parcel number 400415 338138 0000, to the 18 highest bidder, by sealed bid, for not less than the amount as listed below, plus costs; and 19 20 WHEREAS, WCC 1.10.290 authorizes the Whatcom County Property Management Committee to 21 use the County Assessor's value as the estimated market value if the value is $15,000 or less; and 22 23 WHEREAS, the assessed value of the property is $5,000 and has been determined by the 24 Whatcom County Property Management Committee to be the estimated market value for the property; and 25 26 WHEREAS, WCC 1.10.310 authorizes the Council, after receipt of estimated market values from 27 the Property Management Committee, to establish limitations and conditions upon sale of property, such as 28 the minimum price for said property and whether or not a contract will be allowed, or if it will be a cash 29 price; and 30 31 WHEREAS, WCC 1.10.310, as well as state law, allows the County to reserve from the sale oil, 32 gas, timber, mineral aggregates and other resources if the Council finds that it is the best interest of the 33 public to reserve these; and 34 35 WHEREAS, a public hearing was held on , 2018 to discuss the 36 sale of said property; and 37 38 WHEREAS, it was determined to be in the best interest of Whatcom County to sell the property; 39 40 NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the County to sell tax 41 parcel number 400415 338138 0000 to the highest bidder sealed bid. 42 43 LEGAL DESCRIPTION OF PROPERTY TO BE SOLD 44 45 Whatcom County Tax Parcel Number 400415 338138 0000 (Approximately 0.74 acres, more or less) 46 47 A tract of land located in Section 15, Township 40 North, Range 4 East of W.M., 48 described as follows: 273 2 Beginning at a point 514 feet West of the Northeast corner of the Southwest Quarter of the 3 Southeast Quarter; thence West 220 feet; thence South 99 feet; thence East 220 feet; 4 thence North 99 feet to the Point of Beginning. Also a tract beginning 30 rods West of the 5 Southeast corner of the Northwest Quarter of the Southeast Quarter; thence West 220 feet; 6 thence North 99 feet; thence East 220 feet; thence South 99 feet to the Point of Beginning. 7 Except Deeter Road. 8 9 Situate in Whatcom County, Washington. 10 11 BE IT FURTHER RESOLVED that the minimum bid for the property listed above shall be no less than 12 the assessed value of $5,000.00 (five thousand 00/100 dollars) and that Buyer will pay any additional 13 Buyer closing costs normally associated with such a real property transaction; and 14 15 BE IT FURTHER RESOLVED that transfer of said real property be by quitclaim deed and that Buyer will 16 represent and warrant in writing to Seller Whatcom County, that Buyer has thoroughly inspected and 17 evaluated the property for sale, to Buyer's complete satisfaction and Buyer accepts the property AS IS with 18 full knowledge of potential liability the Buyer could incur for any environmental hazards or conditions 19 affecting the property. Buyer agrees that the purchase price of the property reflects the agreed upon value 20 of the property AS IS, taking into account the aforementioned disclosures; and 21 22 BE IT FURTHER RESOLVED that said purchase of said real property shall not be allowed under contract 23 and shall be paid either in cash, certified check or money order to the Whatcom County Treasurer at the 24 time of sale; and 25 26 BE IT FURTHER RESOLVED that the Whatcom County Treasurer being hereby directed to sell said 27 property at no less than the assessed value of $5,000.00 (five thousand 00/100 dollars), and that said sale 28 shall take place in accordance with the duties as established in WCC 1.10.290-1.10.390 and that if the 29 minimum bid is not reached, the properties shall not be sold; and 30 31 32 APPROVED this day of , 2018 33 34 35 36 37 38 39 40 41 42 ATTEST: Dana Brown -Davis, County Clerk A1'PRgY AS TO F . Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Rud Browne, Council Chair 274 lo H EN��VS- A CALL EMUS'14 A CA t� vyYM if to k C)l x S10 li4% j.1R RHEA X z �4 llXq� ,,3 3.71-A zA 40,Zi VL 3 Gik rk 0 '3 6 F— k 403 J, "MPKI50te 5 C10-A a 9.2-0 A 4 47-A 20.86-A _4-0.00-A J OCAMPHOUSE ARP ! /y� �' / yz. 09 RPM A 480 202 'C 3.17 /A,� 2411 A 21.02-A X330 6 oa 7x 419 ov� i2S96A LIH s xi,"I I 3A 4.69A §-A L i�- GROWCAS Mr. X x361 y 063 t yobg " �� 17 o7-1 I f 10.0-A 14 2.2&-A so 110-1 �CDAR 'f2,. Sq A TOWNSHIP 40 RANGE 4E SECTION 15 MAP NO. ol SCALE 1"-400' DATE 316164 REVISED 24 APR 1018 Asses— s Office whw.— Co. 275 276 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018-253 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. CliffS[rong (vj� 8/30/l8 n (� ( D g CEI 9/I1/2018 COTIT/Intro Division Head: N/A 912512018 Council -Hearing AUGnj U31 2018 Dept. Head.- 8130118 Mark Personius WFIATCOM COUNTY Prosecutor: Karen Frakes Q� I ?j ( IJ COUNCIL Purchasing/Budget. I Executive Jack Loui: % y r 1 . 1 1 TITLE OF DOCUM . An Ordinance Adopting Amendments to the Whatcom County Comprehensive Plan and the Whatcom County Code Title 24 Health Code, Relating to Water Resources and the Implementation of ESSB 6091. ATTACHMENTS: • Staff Memorandum • Draft Ordinance 2018- _ • Exhibit A, showing the proposed amendment to the Whatcom County Comprehensive Plan and Title 24 Health Code + Staff Report SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( x ) Yes () NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: 912512018 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.) An Ordinance Adopting Amendments to the Whatcom County Comprehensive Plan and the Whatcom County Code Title 24 Health Code, Relating to Water Resources and the Implementation of ESSB 6091. COMMITTEE ACTION. • COUNCIL ACTION.• 9/11/2018: Discussed 9/11/2018: Introduced 7-0 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: LI ase Note: Once adopted and signed, ordinances and resolutions are available./or viewing andprinting on County's website at. www.co.whatcom.wa.us/council. 277 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax Memorandum TO: The Honorable Jack Louws, County Executive The Honorable County Council FROM: Cliff Strong, Senior Planner THROUGH: Mark Personius, Director fA� DATE: August 31, 2018 Mark Personius, AICP Director RECEIVE AUG 31 2018 JACK LOUWS COUNTY EXECUTIVE SUBJECT: Proposed Whatcom County Comprehensive Plan and Health Code Amendments Earlier this year, the Council adopted amendments to the Comprehensive Plan and development regulations to enact the Streamflow Restoration Act (ESSB 6091), an act that amended the state water and watershed management regulations and provided a resolution to the Washington Supreme Court's Hirst Decision. On June 28, 2018, Hirst, et al. and Futurewise, petitioners in Case No. 12-2-0013, filed a Concurrence in Part and Objection in Part to a Finding of Compliance on Water Quantity with the Growth Management Hearings Board. In it, they concurred that our newly adopted policies and regulations for WRIA 1 (except for Point Roberts, Eliza Island, and Lummi Island) now comply with the GMA. But they objected to us exempting Point Roberts, Eliza Island, and Lummi Island, arguing that ESSB 6091 applies to all of WRIA 1. They also objected to us not including the Whatcom County portion of WRIA 4 (Upper Skagit) in the requirements for showing legal availability of water (even though doing so would have no actual effect on development, as all of it is National Forest land). The Prosecuting Attorney's Office agrees with their arguments and requested that we bring forth an amendment to remedy this. At their July 26, 2018, meeting, the Planning Commission reviewed the proposal and held a public hearing. Based on their discussion and public testimony, they suggested some grammatical edits (which have been incorporated into Exhibit A) and then recommended approval. Staff recommends that the Council review the attached staff report and Exhibit A showing the proposed amendments to the Whatcom County Comprehensive Plan and development regulations, hold a public hearing, and adopt these provisions consistent with ESSB 6091. 278 PROPOSED BY: INTRODUCTION DATE: 9/11/2018 ORDINANCE NO. 2018-- AN ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE PLAN AND THE WHATCOM COUNTY CODE TITLE 24 HEALTH CODE WHEREAS, RCW 36.70A.070(1), requires that the land use element of a county comprehensive plan "shall provide for protection of the quality and quantity of groundwater used for public water supplies"; and, WHEREAS, RCW 36.70A.070(5)(c)(iv) requires that the rural element of a county comprehensive plan "shall include measures that apply to rural development and protect the rural character of the area, as established by the County, by:... protecting critical areas ... and surface water and groundwater resources"; and, WHEREAS, RCW 19.27.097(1) requires that applicants for building permits of buildings necessitating potable water provide evidence of an adequate water supply for the intended use of the building; and, WHEREAS, RCW 58.17.110(2) requires that "A proposed subdivision and dedication shall not be approved unless the... county legislative body makes written findings that... appropriate provisions are made for... potable water supplies..."; and, WHEREAS, WCC Chapter 24.11 contains requirements for potable water; and, WHEREAS, to protect rural character and regulate groundwater withdrawals, Whatcom County adopted Ordinance 2012-032, amending its Comprehensive Plan to adopt by reference existing development regulations, adding Policy 2DD-2.C.6 which adopts by reference WCC 21.04.090 and 21.05.080, Policy 2DD-2.C.7 which adopts by reference WCC 24.11.050, Policy 2DD-2.C.8 which adopts by reference WCC 24.11.060, and Policy 2DD-2.C.9 which adopts by reference WCC 24.11.090, .100, .110, .120, .130, .160, and .170, any amendments to these WCC provisions are also amendments to the Comprehensive Plan; and, WHEREAS, the Growth Management Hearings Board (Board) found the amended Comprehensive Plan lacked the required measures to protect water resources (GMHB Case No. 12-2-0013); and, WHEREAS, on October 6, 2016, the Washington State Supreme Court (Court), in reversing a Court of Appeals decision, upheld the Board's decision that the County's Page 1 of 4 279 Comprehensive Plan does not satisfy the GMA requirements to protect water availability, and stated, "We hold that the Board properly concluded that the GMA requires counties to make determinations of water availability."; and, WHEREAS, the Court stated, "...the GMA places the burden on counties to protect groundwater resources, and requires counties to assure that water is both factually and legally available before issuing building permits."; and, WHEREAS, the Court stated, "...The county's policies incorporate WCC provisions that do not allow water to be withdrawn from 'an area where [the Department of Ecology] has determined by rule that water for development does not exist.' ...these ordinances further provide that an application for a permit -exempt appropriation will be approved without any analysis of that withdrawal's impact on instream flows. The Board found that these provisions result in water withdrawals from closed basins and senior instream flows —flows that the record indicated drop below the minimum levels 100 days out of the year. The Board properly held that this conflicts with the requirement placed on counties to protect water availability under the GMA..."; and, WHEREAS, Chapter 173-501 WAC Instream Resources Protection Program — Nooksack Water Resource Inventory Area (WRIA) 1 identifies waterbodies in Whatcom County that are closed or partially closed to further appropriation, by listing their status as "closure," "partial year closure," "low flow," or "minimum flow,"; and, WHEREAS, on January 18, 2018, the Washington State Legislature adopted ESSB 6091, which requires the Department of Ecology to work with the initiating governments and the planning unit in WRIA I to review existing watershed plans to identify the potential impacts of exempt well use, identify evidence -based conservation measures, and identify projects to improve watershed health. Until rules are adopted that specify otherwise, Section 202(5), which effectively reverses the Court's decision in Hirst, allows new domestic water uses in WRIA 1 that rely on groundwater withdrawals exempt from permitting under RCW 90.44.050, provided that applicants pay a fee of five hundred dollars to the permitting authority and limit their maximum annual average withdrawal of three thousand gallons per day, per connection, and record this limitation on the property title; and, WHEREAS, ESSB 6091, Section 101(5), also provides that "[a]ny permit -exempt groundwater withdrawal authorized under RCW 90.44.050 associated with a water well constructed in accordance with the provisions of chapter 18.104 RCW before the effective date of this section is deemed to be evidence of adequate water supply under this section"; and, WHEREAS, the amendments proposed by this ordinance are consistent with the aforementioned requirements of ESSB 6091 and are therefore consistent with the GMA, as specifically addressed in Section 102 of ESSB 6091; and, Page 2 of 4 WHEREAS, adoption of this ordinance is necessary to complete the GMA compliance proceedings before the Western Washington Growth Management Hearings Board (GMHB Case No. 12-2-0013); and, WHEREAS, a determination of non -significance (DNS) (SEPA 2018-00063) was issued under the State Environmental Policy Act (SEPA) on July 19, 2018; and, WHEREAS, ESSB 6091 was signed by Governor Inslee on January 19, 2018, and, pursuant to the emergency clause in Section 307, it became effective immediately as the Legislature declared that it was "necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing institutions ..."; and, WHEREAS, in accordance with RCW 36.70A.106, Whatcom County Planning and Development Services notified the Department of Commerce of the proposed amendments contained herein on July 17, 2018, and no comments were received from state agencies; and, WHEREAS, The Planning Commission held a duly noticed public hearing on this ordinance on July 26, 2018; and, WHEREAS, the County Council held a duly noticed public hearing on this ordinance on September 25, 2018; and, WHEREAS, the amendments are in the public interest; and, WHEREAS, the amendments are consistent with the Whatcom County Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council adopts the above "WHEREAS" recitals as findings of fact and conclusions in support of its action as required by RCW 36.70A.390. BE IT FURTHER ORDAINED by the Whatcom County Council that the Whatcom County Comprehensive Plan and the Whatcom County Code are hereby amended as shown in Exhibit A. Page 3 of 4 281 BE IT FURTHER ORDAINED that if a section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason by any court of competent jurisdiction; such decision shall not affect the validity of the remaining portions of this ordinance, and if the provisions of this ordinance are found to be inconsistent with other provisions of the Whatcom County Code, this ordinance shall control. ADOPTED this day of WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPR❑ D as to form: Civil Deputy Prosecutor 2018. Rud Browne, Chairperson Jack Louws, Executive ( ) Approved () Denied Date: Page 4 of 4 282 April 24, 2018 EXHIBIT A Whatcom County Code AMENDMENTS TITLE 24 HEALTH CODE CHAPTER 24.11 DRINKING WATER 24.11.060 Water availability required. A. Prior to issuance of a building or other project permit, and unless exempt pursuant to subsection (C), the applicant must provide Whatcom County Planning and Development Services evidence of adequate water supply as documented by a water availability notification signed by the director the Whatcom County Health Department. The water availability notification shall document a supply of potable water adequate to serve a land use associated with a project permit in terms of quality, quantity, and legal availability. B. The applicant must provide evidence of legal availability in the form of: 1. A water right permit from the Department of Ecology; or, 2. A letter from an approved public water purveyor with sufficient water rights, stating the ability to provide water; or, 3. Evidence that a permit -exempt groundwater withdrawal (authorized under RCW 90.44.050) is associated with a well constructed (in accordance with the provisions of RCW Chapter 18.104) prior to January 19, 2018; or, 4. Dara Wm.entati^^ Evidence that water can be supplied by a rainwater catchment system approved by the Whatcom County Health Department, per Department of Ecology Policy 1017; or, 5_If the well site is located in WRIA 3 (Lower Skagit-Samish) or On PeOR"oberA5 Eliza L-Hn Mi island, as shown in Figure2-41.06 , evidencedecumentati^^ that water for domestic use will be supplied by a new withdrawal exempt from permitting under RCW 90.44.0500 . If the well site is located in WRIA 4 (Upper Skagit), evidence that the requirements of chapter 173-503 WAC have been met. Ei if the well vita 05 IOCate in these l :mi+ad C - astal_Areaf_1_r�1� # �,. s i. }} continwit„ with regulated.. su4ace atorbodies) as shown on Cigurn 7A_7fl ._T �Cl-clnr_i.'im'~n #k ", P4004e­si use TlI be pplie d by a new-w4h exempt 40FR PefMiRiFlg HHdeF a AA studyprepared by a n,,Iifi ed h,rrlFkenssedin the State of IA ashingtr..-. demonstrating _ rnoorarl nrnt4nr wateF withdrawal would .net .mpaiF a seRk�r-W�� v including i stream flows established ire Chapter 173 501 IAI Awn. e.���in h llt statutes .,rl Ca5e law. Such documnniation must be ..nrif e-by444e GE) my e4ker thr gh GOA5 �Ita tion wit tha Ie ar+m tint of f. co;ogy, or a qua ified lam. eh r.ir�l c-vas'' rc7-zrcr ����}�� , r�cr, the County. The c' un�1��[i�ra third party review by an 283 April 24, 2018 4+4efw,q4eF�t-q+4&liPed by dFageoloigist if the igeuet.. deteFmiRes ad k expeFti5e is needed. The -£ �third paFt . review shall he boFne by the CO Rty; OF , cnnir.r water right, includien 4 trnam flows established inChapter 973_501. WAC wherepE3bk-,-ir accordance -with euFrent talute and e.l;;w Ssw decumentatiOR rflust be verified by the CauRty eitheF through consultation with DepaFtman+ of Ecology, or a a f�­c*niereview team-appGORIed by the Ceiwt.u._ The r'ount., third party review by a ndeneRdeRt n alified 4y&egeo4ogist-i theC tiat�et�rnines addit,. n a 1 tech4 -,I a eFtise : deU. T i- ,s} of the third P8Ft . review shall be borne by the !' unt.. ii A MGnitorinrr r^I r n Q -}i .rlincx n. ��li+.�_ ar nn ry^Inin r that t; e mri}igatien :iil remain. on place fnr Tvr diDGUFREAtatimGn of permanent dedication of water fen mitigatinn PUrnnser 7 €ept4ia4Reb^a4''^d, ^r' i�,f If the well site is located in WRIA 1 (Nooksack), c ►ew pe ^^ n^* gFe U r d..,,+er ..,ifI'Ar ., :S s�^r �,��+&UW-@F RGW 90 44 050-+n#l44-�-W°'n,A 1 (Nooksae4w-wi hin-#hosp4i�. art cheeses n13}(6), the applicant may obtain approval for a withdrawal exempt from permitting pursuant to RCW 90.44.050 under the following conditions: a. Water for domestic uses shall be subject to a maximum annual average withdrawal of 3,000 gallons per day per connection. b. The applicant shall record with the property title any relevant restrictions or limitations associated with water supply; and c. The applicant shall pay to the permitting authority any applicable fees for each project permit. C. A water availability notification is not required for: 1. A project permit that does not require potable water. A project permit relying on either a permit -exempt groundwater withdrawal per RCW 90.44.050 or a surface water withdrawal for potable water for (a) a remodel of an existing building or (b) replacement of a demolished or removed building but not proposing a change of use, either of which would increase the floor area by no more than 50 percent over that of the existing building; however, such permits shall require documentation of current water quality and quantity, approved by the director. MI April 24,2018 I 285 WHATCOM COUNTY Mark Personius, AICP Planning & Development Services Director 5280 Northwest Drive Bellingham, WA 98226-9097 �1 360-778-5900,TTY 800-833-6384 360-778-5901 Fax Staff Report to the County Council Whatcom County Comprehensive Plan and Health Code Amendments Date: August 31, 2018 File # PLN2016-00013 File Name: Whatcom County Comprehensive Plan and Health Code Amendments Applicants: Whatcom County Planning and Development Services (PDS) Summary of Request: An ordinance amending the Comprehensive Plan and WCC 24.11.060 (Water availability required), amending the requirements for evidence of legal availability for permit exempt groundwater withdrawals in WRIAs 1 (Nooksack), 3 (Lower Skagit), and 4 (Upper Skagit) to be consistent with the Washington State Streamflow Restoration Act (ESSB 6091). The ordinance would remove the compliance exemption for islands and other coastal areas that are not in hydraulic continuity with the Nooksack River as well as subject properties in WRIA 4 (Whatcom County portion of the Upper Skagit) to the requirements of the Act, similar to the rest of WRIA 1 and 3 (Whatcom County portion). (See Figure 1 and Figure 2 for boundaries) Location: Countywide. I. BACKGROUND The State Legislature passed, and the Governor signed into law, ESSB 6091, which amends the state water and watershed management regulations, providing a resolution to the Washington Supreme Court's Hirst Decision. Whatcom County amended its Comprehensive Plan and regulations earlier this year to incorporate the new state law into our code so as to be consistent with it and our Comprehensive Plan. ESSB 6091 requires the Department of Ecology to work with the initiating governments, which includes tribes, and the planning unit to review existing watershed plans to identify the potential impacts of exempt well use, identify evidence -based conservation measures, and identify projects to improve watershed health. The watershed plan must then updated to include recommendations for projects and actions that will measure, protect, and enhance instream resources and improve watershed functions that support the recovery of threatened and endangered salmonids by February 1st, 2019. That work is underway. Until the watershed plan is updated, ESSB 6091 does allow jurisdictions to rely on Ecology rules regarding new permit -exempt wells to comply with GMA requirements for protecting surface and ground water resources, as long as certain conditions are met. These conditions include: • Withdrawals can be for domestic use only, with a maximum annual average withdrawal of three thousand gallons per day per connection. Applicants must pay a fee of $500 dollars ($350 of which the County must forward to the Department of Ecology). Applicants must record any relevant restrictions or limitations associated with water supply on their property's title. :o Whatcom County is required by state law to document that every building and land use permit necessitating potable water has an "adequate water supply" prior to approval. Adequate water supply as defined by WCC 20.97.451 includes a three-part requirement: 1) water quantity (i.e., the water source has enough physical water to meet state Department of Health minimum requirements to supply a proposed use); 2) water quality (i.e., the proposed withdrawal of water meets state safe drinking water quality standards); and 3) legal availability (i.e., the applicant has legal authority to access and use the water source). In Whatcom County the ways of showing the legal water availability for development purposes (where Whatcom County has to issue a permit for a use requiring water) are listed in WCC 24.11.060(B). This was one of the sections of code that Council amended earlier this year so as to comply with ESSB 6091. Reason for Proposed Amendments In crafting the previous ordinance, staff relied on previous determinations by the Department of Ecology that certain areas of Whatcom County —areas not in hydraulic continuity with the Nooksack River — would be exempt from complying with the conditions imposed by ESSB 6091. Thus, the ordinance specifically exempted properties in Point Roberts, Eliza Island, or Lummi Island from the three conditions. The ordinance also acknowledged that certain coastal areas might also not be in hydraulic continuity with the Nooksack River, and allowed property owners in those areas to perform a study to determine whether they were, and if not, then also not be subject to the three conditions. Additionally, the ordinance did not address the portion of WRIA 4 (Upper Skagit) that lies within Whatcom County, as there are no private properties in that area (it all being National Forest land). On June 28, 2018, Hirst, et al. and Futurewise, petitioners in Case No. 12-2-0013, filed a Concurrence in Part and Objection in Part to a Finding of Compliance on Water Quantity with the Growth Management Hearings Board. In it, they concurred that our newly adopted policies and regulations for WRIA 1 (except for Point Roberts, Eliza Island, and Lummi Island) now comply with the GMA. But they objected to us exempting Point Roberts, Eliza Island, and Lummi Island, arguing that ESSB 6091 applies to all of WRIA 1. They also objected to us not including the Whatcom County portion of WRIA 4 (Upper Skagit) in the requirements for showing legal availability of water (even though doing so would have no actual effect on development). The Prosecuting Attorney's Office agrees with their arguments and requested that we bring forth an amendment to remedy this. II. PROPOSED AMENDMENTS A. Proposed Code Amendments This ordinance would amend the health regulations (WCC 24.11.060, Water availability required) as shown in Exhibit A (attached) (and tabularized for explanation in Table 1, below). The amendments would eliminate the compliance exemption for Point Roberts, Eliza Island, Lummi Island, and coastal areas not in hydraulic continuity with the Nooksack River, and subject properties in WRIA 4 (Whatcom County portion of Upper Skagit) to the requirements of WAC Chapter 173-503. B. Proposed Comprehensive Plan Amendment Due to a previous Growth Management Hearings Board decision regarding the lack of measures in our Comprehensive Plan to protect rural character, the County adopted into it by reference specific sections of the Whatcom County Code, found in Policy 2DD-2. Germaine to the matter at hand, Policy 2DD-2.C.8 adopts by reference WCC 24.11.060. Because of this, each time we amend any of these referenced code sections we are also amending the Comprehensive Plan, and have to advertise as such. No further action is required on this portion. Page 2 of 10 287 L 0 a)Vaj •� O O L p >•• a1 +, L O L O t VI 0 aj = -0 L 4- � � 3 0 ai ° ° CL ro Q -O aJ -0 C- �o Q ;� a) L u v v a, � >• 3 u c 0" ocu Y C U U Q 3 C- 4-Ln L C L L O 0 :Et ro O + O } j O ut ro ro L L 0 N ° -0 C VI N w "p C- c > C C O O VI ro a1 On C L u C maJ 'L E "6 > L Q_ � }I _ 7 •` 7 O >. *' Q a r-I m L 4-1 LJ ro m }� Ecr O_ i •7 aj E= o o n +J 3 `� J rLo r*o 3 M ro .0 - O +' v1 C >• u aJ O C c-0 >- > +L+ aJ C. 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E E — u — _ L 0 0 Ln CL N , C lo a ro +v—, o ri 3 � ,� 4-1aj i mE c Q aj m _0o v E -0 v x O ai L L — IS ci a' O aj 3 ai fO ro a1 ajro 3 o 4 Ln +� v O a c; ro +J 3 O ro 4, °o rn a, aj .o u > aj C- u c c 0) C ro C E c):: a) -0 aj -0 L L aj L m � m O L.L ai d L U -0 w W Lr l0 I-� No W . . } }all- Ir .. Al IL jW7 ru \ _.: - ' ;»w vo O-e .0 \ \ ) LL 0 LL E \ E k m 0 If LOL 'E z E E 0 w E 0 C) -0 ca r_ 0 0 -E 0 2 .0 0 w Z m 0 ca -Fu (U .0 < 0 'E E > M 2 2 w 2 [ 0. 8 J. 0 CL E 0 290 III. COMPREHENSIVE PLAN EVALUATION Below are listed all the pertinent Comprehensive Plan goals and policies regarding domestic water supply, protection of instream flows, water quantity, and watershed planning: Chapter 2, Land Use Goal 2A: Ensure designation of sufficient land and densities, with consideration of water availability, to accommodate the growth needs of Whatcom County and protect the local economy, rural lifestyle, habitat, fish, and wildlife, which are the cornerstone qualities that make the county a desirable place to live. Policy 2A-15: Strive to improve predictability to property owners regarding the connection between legal water use, and land use and development by: • Supporting completion of groundwater studies that provide a better understanding of water quantities available and the connection between groundwater use and instream flow levels. • Supporting the efforts of water purveyors to develop new legal water sources and the infrastructure and systems necessary to transport that water to existing water users that lack safe potable water or sufficient water rights. • Encouraging a negotiated water rights quantification and settlement between the Lummi Nation, Nooksack Indian Tribe and other water users in the Nooksack River basin. • Encouraging the Department of Ecology to protect instream flows, particularly in times of extremely low summer flows. • Coordinating with the Department of Ecology to find solutions to provide adequate water for out -of -stream users while protecting instream flows. Potential solutions may include consideration of recycling, conservation, water banking, public water system interties, stream recharge augmentation, change in place of use, desalinization and other alternative water supply measures. • Requesting the Department of Ecology to create a water management plan for exempt wells in closed water basins that better aligns instream flows with current water rights and legal decisions on hydraulic continuity. Goal 2DD: Retain the character and lifestyle of rural Whatcom County. Policy 2DD-2: Protect the character of the rural area through the County's development regulations. In addition to the policies of this plan that provide measures governing rural development, the following County's key development regulations are incorporated into this plan by reference to assure that the plan contains measures to protect rural character: C. Measures to protect critical areas and surface and groundwater resources: 6. Limit water withdrawals resulting from land division through the standards in the following Whatcom County Land Division regulations, adopted herein by reference: a. WCC 21.04.090 Water supply, Short Subdivisions. b. WCC 21.05.080 Water supply, Preliminary Long Subdivisions. Page 6 of 10 291 7. Regulate groundwater withdrawals by requiring purveyors of public water systems and private water system applicants to comply with Washington State Department of Ecology water right requirements per WCC 24.11.050, adopted herein by reference. 8. Require evidence of an adequate water supply prior to issuance of any building permit, per WCC 24.11.060, adopted herein by reference. 9. Determine adequacy of water supply for building permit applications proposing to use a well, spring, or surface water, per WCC 24.11.090, .100, .110, .120, .130, .160, and .170, adopted herein by reference. Goal 2M: Protect and encourage restoration of habitat for fish and wildlife populations including adequate instream flows. Policy 2M-7 Engage in efforts to better define groundwater resources and connection to surface water, current water usage, water rights, adequate instream flows, and policy barriers that create conflicts between these things. Chanter 5, Utilities Goal 5R: Ensure that potable water supplies required to serve development are available at the time the development is available for occupancy and use. Policy 511-1: Building permit applicants, new subdivisions, short plats, and binding site plans will be required to provide evidence that adequate and legal (in consultation with the Department of Ecology) supplies of water are available prior to their approval by the County. Chapter 10, Environment Goal 10F: Protect and enhance water quantity and quality and promote sustainable and efficient use of water resources. Policy 10E-3: Work cooperatively with Federal, State, and local jurisdictions, Tribal governments, municipal corporations, and the public to implement the goals and policies of the Comprehensive Plan as well as state water resources and water quality laws. Policy 10E-4: Participate in the coordination of all local water and land management efforts, plans, and data to ensure adequate oversight of water quantity and quality issues. Policy 10E-5: Manage water resources for multiple instream and out -of -stream beneficial uses, including instream flows set by the State Department of Ecology. Policy 10E-9: In conjunction with all jurisdictions, develop and adopt programs to protect water quality and quantity within watersheds, aquifers, and marine waterbodies that cross jurisdictional boundaries. Goal 10G: Protect and enhance Whatcom County's surface water and groundwater quality and quantity for current and future generations. Policy 10G-3: In conjunction with the public and appropriate local, state, Tribal, and federal jurisdictions, define, identify, and develop management strategies for watershed basins and subbasins that may require special protection. These areas may include aquifers, critical aquifer recharge areas as defined under the Growth Management Act, Groundwater Management Areas, wellhead protection areas, and high priority watersheds such as those specified under WAC 400 (Local Planning and Management of Page 7 of 10 292 Non -point Source Pollution), WRIA Watershed Management Planning, and under legislative policy direction (e.g. Nooksack Basin, Lake Whatcom, Lake Samish and Drayton Harbor). Policy 10G-4: Management efforts should consider both water quality and quantity. Water quality efforts should help reduce the likelihood that potential contaminant sources will pollute water supplies. Water quantity efforts should include consideration and protection of recharge areas and potential effects on stream flow. Policy 10G-5: Support the implementation of local and state Watershed Management Plans, the Lower Nooksack Strategy, the Lake Whatcom Management Program, NPDES Phase II Permitting, and the WRIA Watershed Management Projects. Policy 10G-6: Pursue the adoption and implementation of ground and/or surface water management plans and their integration into local comprehensive plans. Designate the Lake Whatcom and Lake Samish Watersheds as high priorities in this effort. Goal 10-I: Support water conservation, reclamation, reuse measures, and education as a means to ensure sufficient water supplies in the future. Policy 101-2: Support efforts to establish and protect sustainable water supplies to meet existing and future demands for water in the county. Policy 101-3: Develop and implement plans to comply with the Department of Ecology's instream flow and water management rules and water resources management programs. Policy 101-4: Coordinate local water and land management efforts, plans, and data to ensure adequate oversight of water quality and quantity issues. Conclusion: The proposed amendments to the Whatcom County Comprehensive Plan and development regulations would affirm the County's intent to work cooperatively with the Department of Ecology, WRIA 1 Initiating Governments, and the Planning Unit to update the WRIA 1 Watershed Management Plan pursuant to the Streamflow Restoration Act (ESSB 6091), as well as implement the Act's requirements for allowing the conditioned use of permit -exempt wells (RCW 90.44.050) as a legal source of water for domestic use, and are consistent with the above listed Comprehensive Plan goals and policies. IV. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION Staff recommends the County Council adopt the following findings of fact and reasons for action: 1. RCW 36.70A.070(1) requires that the land use element of a county comprehensive plan "shall provide for protection of the quality and quantity of groundwater used for public water supplies"; and, 2. RCW 36.70A.070(5)(c)(iv) requires that the rural element of a county comprehensive plan "shall include measures that apply to rural development and protect the rural character of the area, as established by the County, by:... protecting critical areas ... and surface water and groundwater resources"; and, 3. RCW 19.27.097(1) requires that applicants for building permits of buildings necessitating potable water provide evidence of an adequate water supply for the intended use of the building; and, 4. RCW 58.17.110(2) requires that "A proposed subdivision and dedication shall not be approved unless the... county legislative body makes written findings that... appropriate provisions are made for... potable water supplies..."; and, Page 8 of 10 293 5. WCC Chapter 24.11 contains requirements for potable water; and, 6. To protect rural character and regulate groundwater withdrawals, Whatcom County adopted Ordinance 2012-032, amending its Comprehensive Plan to adopt by reference existing development regulations, adding Policy 2DD-2.C.6 which adopts by reference WCC 21.04.090 and 21.05.080, Policy 2DD-2.C.7 which adopts by reference WCC 24.11.050, Policy 2DD-2.C.8 which adopts by reference WCC 24.11.060, and Policy 2DD-2.C.9 which adopts by reference WCC 24.11.090, .100, .110, .120, .130, .160, and .170, any amendments to these WCC provisions are also amendments to the Comprehensive Plan; and, 7. The Growth Management Hearings Board (Board) found the amended Comprehensive Plan lacked the required measures to protect water resources (GMHB Case No. 12-2-0013); and, 8. On October 6, 2016, the Washington State Supreme Court (Court), in reversing a Court of Appeals decision, upheld the Board's decision that the County's Comprehensive Plan does not satisfy the GMA requirements to protect water availability, and stated, "We hold that the Board properly concluded that the GMA requires counties to make determinations of water availability."; and, 9. The Court stated, "...the GMA places the burden on counties to protect groundwater resources, and requires counties to assure that water is both factually and legally available before issuing building permits."; and, 10. The Court stated, "...The county's policies incorporate WCC provisions that do not allow water to be withdrawn from 'an area where [the Department of Ecology] has determined by rule that water for development does not exist.' ...these ordinances further provide that an application for a permit -exempt appropriation will be approved without any analysis of that withdrawal's impact on instream flows. The Board found that these provisions result in water withdrawals from closed basins and senior instream flows —flows that the record indicated drop below the minimum levels 100 days out of the year. The Board properly held that this conflicts with the requirement placed on counties to protect water availability under the GMA..."; and, 11. Chapter 173-501 WAC Instream Resources Protection Program — Nooksack Water Resource Inventory Area (WRIA) 1 identifies waterbodies in Whatcom County that are closed or partially closed to further appropriation, by listing their status as "closure," "partial year closure," "low flow," or "minimum flow,"; and, 12. On January 18, 2018, the Washington State Legislature adopted ESSB 6091, which requires the Department of Ecology to work with the initiating governments and the planning unit in WRIA I to review existing watershed plans to identify the potential impacts of exempt well use, identify evidence -based conservation measures, and identify projects to improve watershed health. Until rules are adopted that specify otherwise, Section 202(5), which effectively reverses the Court's decision in Hirst, allows new domestic water uses in WRIA 1 that rely on groundwater withdrawals exempt from permitting under RCW 90.44.050, provided that applicants pay a fee of five hundred dollars to the permitting authority and limit their maximum annual average withdrawal of three thousand gallons per day, per connection, and record this limitation on the property title; and, 13. ESSB 6091, Section 101(5), also provides that "[a]ny permit -exempt groundwater withdrawal authorized under RCW 90.44.050 associated with a water well constructed in accordance with the provisions of chapter 18.104 RCW before the effective date of this section is deemed to be evidence of adequate water supply under this section"; and, Page 9 of 10 294 14. The amendments proposed by this ordinance are consistent with the aforementioned requirements of ESSB 6091 and are therefore consistent with the GMA, as specifically addressed in Section 102 of ESSB 6091; and, 15. Adoption of this ordinance is necessary to complete the GMA compliance proceedings before the Western Washington Growth Management Hearings Board (GMHB Case No. 12-2-0013); and, 16. A determination of non -significance (DNS) (SEPA 2018-00063) was issued under the State Environmental Policy Act (SEPA) on July 19, 2018; and, 17. ESSB 6091 was signed by Governor Inslee on January 19, 2018, and, pursuant to the emergency clause in Section 307, it became effective immediately as the Legislature declared that it was "necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing institutions..."; and, 18. In accordance with RCW 36.70A.106, Whatcom County Planning and Development Services notified the Department of Commerce of the proposed amendments contained herein on July 17, 2018, and no comments were received from state agencies; and, 19. The Planning Commission held a duly noticed public hearing on this ordinance on July 26, 2018; 20. The County Council held a duly noticed public hearing on this ordinance on September 25, 2018. V. PROPOSED CONCLUSIONS 1. The proposed amendments to the Whatcom County Comprehensive Plan and development regulations would affirm the County's intent to work cooperatively with the Department of Ecology, WRIA 1 Initiating Governments, and the Planning Unit to update the WRIA 1 Watershed Management Plan pursuant to the Streamflow Restoration Act (ESSB 6091), as well as implement the Act's requirements for allowing the conditioned use of permit -exempt wells (RCW 90.44.050) as a legal source of water for domestic use, and are consistent with the Comprehensive Plan goals and policies listed in Section III of this staff report. 2. The amendments are in the public interest. 3. The amendments are consistent with the Whatcom County Comprehensive Plan. VI. RECOMMENDATIONS At their July 26, 2018, meeting, the Planning Commission reviewed the proposal and held a public hearing. Based on their discussion and public testimony, they suggested some grammatical edits (which have been incorporated into Exhibit A) and then recommended approval. Staff recommends that the County Council review the proposed amendments, hold a public hearing, and adopt these provisions. VII. ATTACHMENTS 1) Draft Ordinance 2018- 2) Exhibit A, showing the proposed amendment to the Whatcom County Comprehensive Plan and development regulations Page 10 of 10 295 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2018-257 CLEARANCES initial Date Date Received in Council Office Agenda Date Assigned to: Originator: DMP �P 09104118 9/11/18 9/25/1 8 Introduction Hearing Division Head: Dept. Plead - 2 fie Prosecutor gg Purchasing/Budget: r Executive: TITLE OF DOCUMENT. ' Interlocal Agreement between the City of Bellingham and County of Whatcom 2018 Byrne Justice Assistance Grant (JAG) Program Award A TTA CHMENTS. Interlocal Agreement between the City of Bellingham and County of Whatcom 2018 Bvrne Justice Assistance Grant (JAG) ProramAward SEPA review required? ) Yes O NO Should Clerk schedule a hearing? (X) Yes NO SEPA review completed? ) Yes NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE., (if this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCWor WCCas appropriate. Be clear in explaining the intent of the action.) The Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2018 Local Solicitation is made available to the Whatcom County Council for its review and comment and to citizens for public review and comment. Total Whatcom County jurisdiction allocation is $35,780 (with $22,557 for the City of Bellingham and $13,223 for Whatcom County). The City of Bellingham will administer the grant and provide $13, 223 to Whatcom County Sheriff's Office to purchase inclement weather protective gear. COMMITTEE ACTION.• COUNCIL ACTION. 9/11/2018: Introduced 7-0 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.uslcouncil. 296 WHATCOM COUNTY SHERIFFYS OFFICE BILL ELF'O SHERIFF MEMORANDUM TO: Jack Louws, County Exec FROM: Bill Elfo, Sheriff DATE: September 4, 2018 4 PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4038 (360) 778-6600 SEP 2018 JACK LOUWS COUNTY EXECUTIVE RE: Interlocal Agreement Setween the City of Bellingham and Whatcom County Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2018 Enclosed for review and signature are two (2) originals of the Interlocal Agreement between the City of Bellingham and Whatcom County for Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2018. Total Whatcom County Jurisdiction allocation is $35,780 (with $22,557 for the City of Bellingham and $13,223 for Whatcom County). The City of Bellingham will administer the grant and provide $13,223 to the Whatcom County Sheriff's Office to purchase inclement weather protective gear. Please contact Undersheriff Parks at extension 6610 if you have any questions regarding the terms of this agreement. Thank you. enclosure Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety. 297 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET ®t F ®V 0 0 1 Originating Department: Sheriff's Office 35 Sheriff's Office / 3520 Bureau of LE & Division/Program: (i.e. Dept. Division andProgrant) Investigations / 352020 Patrol and OT Contract or Grant Administrator: Jeff Parks, Undersheriff Contractor's / Agency Name: City of Bellingham Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: WCC 3.06.010 Does contract require Council Approval? Yes ❑ No ® If No, include WCC: COUNCAEVIEW REQUIRED Already approved? Council Approved Date: (Exclusions see: Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ® No ❑ If yes, grantor agency contract number(s): CFDA#: 16.738 Is this contract grant funded? Yes ❑ No ❑ If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ❑ No ® If yes, RFP and Bid number(s): Cost Center: 1003517005 Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ❑ Professional services agreement for certified/licensed professional. ® Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ® Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract Council approval required for; all property leases, contracts or bid awards exceeding amount and any prior amendments): $40,000, and professional service contract amendments that have an increase greater $ 13,223.00 than $10,000 or 10% of contract amount, whichever is greater, except when: 1. Exercising an option contained in a contract previously approved by the council. This Amendment Amount: 2. Contract is for design, construction, r-o-w acquisition, prof services, or other $ capital costs approved by council in a capital budget appropriation ordinance. 3. Bid or award is for supplies. Total Amended Amount: $ 1 +,223.00 4. Equipment is included in Exhibit `B" of the Budget Ordinance 5. Contract is for manufacturer's technical support and hardware maintenance of electronic systems and/or technical support and software maintenance from the developer of proprietary software currently used by Whatcom County. Summary of Scope: Interlocal Agreement between City of Bellingham and Whatcom County for U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2018. Total Whatcom County jurisdiction allocation is $35,780 (with $22,557 for the City of Bellingham and $13,223 for Whatcom County). The City of Bellingham will administer the grant and provide $13,223 to Whatcom County Sheriff's Office to purchase inclement weather protective gear. Term of Contract: 08/17/18 Expiration Date: Contract Routing: 1. Prepared by: D. Pierce Date: 2. Attorney signoff. ° Date: 3. AS Finance reviewed: �� Date: 4. IT reviewed (if IT related): Date: 5. Gong signed: Date: 6. Submitted to Exec.: Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: Last edited 08/08/18 09/04/18 C�,I.19 /a UOU WHATCOM COUNT� y n gyp At, NO. j CITY SECRETARY CONTRACT NO. 2_016 -o!N % THE STATE OF WASHINGTON COUNTY OF WHATCOM INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM, AND COUNTY OF WHATCOM 2018 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 17th day of August, 2018, by and between The COUNTY of Whatcom, acting by and through its governing body, the County Council, hereinafter referred to as COUNTY, and the CITY of Bellingham, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Whatcom County, State of Washington, witnesseth: WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, per the grant, Whatcom County Jurisdiction is allocated $35,780 in grant funding, $22,557 for the City and $13,223 for Whatcom County: and WHEREAS, the CITY agrees to provide the COUNTY $13,223 from the JAG award for the purchase of Inclement Weather Protective Gear: and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of $13,223 of JAG funds. Section 2. COUNTY agrees to use $13,223 for the purchase of Inclement Weather Protective Gear until 2019. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against the "CITY' or "COUNTY" Section 4. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. • O, Page 1 of 2 Section 5. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 6. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CIT' OF ellin ham, WA _ NTY atcom A I CiriAlfe, Mavo s �W l _ Sh 60f f`- �— n haw, Fihancg Department APPROVE,S,TO FORM: N City Attorney Chief of Po e APPROVED AS TO FORM: Prosecute,, Attor y Jack Louws, Whatcom County Executive Page 2 of 2 300 WhatcomOffice 2018 Edward Bryne Memorial,1 7 I FY �` Local y, ` o . �� �' . 0 l t� Y ' '* The Whatcom County Sheriff's Office does have a pending application within the last 12 months for federal funding to cover some costs of the proposed program under this solicitation. The Whatcom County Sheriff's Office has applied for the 2017 DOJ Bulletproof Vest Partnership grant. Federal Funding Agency Solicitation Name Name/Phone/Email for Point of Contact USDOJ Bulletproof Vest Partnership 1-877-758-3787/owner-bvp-list@ojp.usdoj.gov 301 Budget Summary budget Summary Note: Any errors detected on this page should be fixed on the corresponding Budget Detail tab. Year 1 Year 2 (if needed) Year 3 (if needed) Year 4 (if needed) Year 5 (if needed) Budget Category 73 6 N �N 16 LL O' �N O Z -O 6 LL N LL S 'C N O K Z 3 'O 6 L N LW of 'v LL 6 C N O W Z a`, � "� CY UJ U1 LL W LL 6' C N O CC Z 'O 6 N N LLQ� v Q LL dl O K Z v m O F- A. Personnel $0 $0 $0 1 $0 $0 $0 $0 $0 $0 $0 $0 B. Fringe Benefits $0 $0 $0 $o $0 $0 $0 $0 $o $0 $0 C.Travel $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 D. Equipment $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 E. Supplies $13,223 $0 $0 $0 $0 $0 $0 $0 $o $0 $13,223 F.Construction $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 G. Subawards (Subgrants) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 H. Procurement Contracts $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 I. Other $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Direct Costs $13,223 $o $0 $0 $o 1 $0 $0 $0 $0 $0 $13,223 J. Indirect Costs $o $o $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Project Costs $13,223 $0 $o $0 $o $o $0 $0 $0 $0 $13,223 Does this budget contain conference costs which is defined broadly to include meetings, retreats, seminars, symposia, and training activities? - Y/N No 302 Whatcorn County Sheriffs Office 2018 0ryne JAG Grant Program Abstract Abstract Enhanced officer safety and operability for first responders/tactical personnel — In response to continued violent critical incidents across the nation and abroad, the Whatcom County Sheriff's Office has developed enhanced training for incidents involving active violence against vulnerable populations and critical infrastructure. In an effort to better prepare for, respond to, and provide continuous operations during critical incidents, the Whatcom County Sheriff's Office conducts ongoing training to deal with these threats and unusual situations in a rural environment which exposes personnel to extreme environments and inclement weather. In addition to training, law enforcement must be prepared and equipped to deal with suspects in inclement weather for prolonged periods of time in order to effectively mitigate the threat posed to the public and critical infrastructure. In the face of such violence and destruction, law enforcement must be adequately equipped to respond in an effective manner. It is essential that all members of the Sheriff's Office have sufficient protective gear and clothing to protect them from the dangerous effects exposure to extreme weather can cause. SWAT has a current need for specialized outer wear that is designed for their assignment and operational needs The Sheriff's Office objective is to utilize allocated funds to purchase inclement weather gear, solid green in color, to improve officer safety/wellness and operational performance. Project identifiers — Equipment — General —,Tactical, Violence/Violent Crime, Officer Safety, Officer Wellness. 091 Whatcom County Sheriffs Office 2018 Bryne JAG grant Program Narrative Narrative The continued trend of violent attacks nationwide and abroad has reaffirmed why it is imperative that responders be trained and prepared to respond to incidents of active violence in a safe, efficient, and effective manner. The Sheriff's Office is uniquely positioned on the international border between the US and Canada, and is subject to both domestic and international threats. This includes not only schools and public venues, but multiple federal facilities and critical infrastructure that may be the targets of violent attacks and/or terrorism. The Sheriff's Office continues to train all deputies to deal with critical incidents, to include terrorist attacks, active shooter scenarios, and high -risk operations. In addition to training, law enforcement officers must be provided necessary equipment that enhances their officer safety and increases the likelihood that they will be able to carry out their duties without serious injury or loss of life. Sheriff's Office personnel operate in various, ever -changing, extreme weather conditions that can dramatically affect the ability to safely and effectively perform their duties and protect the populace and critical infrastructure within Whatcom County. SWAT has a current need for specialized outer wear which is designed for their assignment and operational needs, and allows them to perform their duties in a safe and effective manner for a prolonged period of time in inclement weather. The Sheriff's Office intends to utilize JAG funding to purchase inclement weather gear, solid green in color, to improve officer safety/wellness and operational performance. 304 Whatcom County Sheriff's Office 2018 Edward Bryne Memorial JAG Program FY 2018 Local Solicitation Review Narrative The Whatcom County Sheriff's Office intends to make its Fiscal Year 2018 JAG application available to the Whatcom County Council for its review and comment on July 31st, 2018. The application has not yet been made available for public review and comment. The Whatcom County Sheriff's Office will make its Fiscal Year 2018 JAG application available to citizens for comment at the Whatcom County Council meeting on September 25th, 2018. MR, .: Whatcom County Sheriff's Office 2018 Bryne JAG Grant Budget and Budget Narrative Cold/Wet Weather Protective Gear Total project costs $13,223 Total $13,223 13 223 Appropriate inclement weather clothing gear is essential personal protective equipment that is utilized by members of the Whatcom County Sheriff's Office. The use by deputies allows them to carry out their duties while protecting them from the effects of extreme weather environments commonly affecting Whatcom County. Inclement Weather Protective Clothing Solid Green in Color - The intent is to equip deputies with protective clothing which will keep them safe and functional in extreme weather environments. The Whatcom County Sheriff's Office is looking to purchase top and bottom pieces of apparel which will protect them from wind, water, and snowfall. These protective pieces will be worn by all tactical personnel when responding to incidents where inclement weather presents operational and officer safety concerns. The use of effective protective gear by tactical personnel allows them to respond to critical incidents and perform their duties in a safe, efficient, and effective manner which improves both public and officer safety. Recent events in which the Whatcom County Sheriff's Office has responded to has demonstrated the operational need for the requested gear. 306 0 Uj ILEII15 U1111 LIM I I OEM UY3 f Contribution Request Inolement Weather Proteotiye Gear 13 $1101T 15 $13,223 $13,223 $0 $0 Total(s) $13,223 Narrative Add Ad d ito nal N arrathve Text The Whatcom County Sheriff's Olffice SWAT team has a current need fpr spebalized outer v.-ear wh-.41ch is dell-ned for their assignment an doperat,,ionja needs, and allows them to perform their duties ina safe and eff.eLive manner for a prolonged period of time 3n --Inclement weather- The Sheriff's Office intends to utilize JAG fundingto purchase inclement �.veather gear, solid green in color, to irnprove officer safety�'vwellnesq and operational Performance. F. Constniction Purpose Description of Work Computation eA-- ih-- Va. 7b 'ev bt. Pu-:Vxzgs i'Ge•%ti� eoye!iwr A'-Zk--R1 Add Construction Item D e I e! te S e I ect e d # of Items N cost Total Cost Nan-Federat- Contribution R&MV —Request $0 $0 $0 Add Add 6onal Narrative Test WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2018-250 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: PW Committee/ Originator: JPR 8129118 9111118 Introduction Public Hearing/ Division Head: JPR 8129118 �u;`{� lti , v AUG 31 2.018 9/25/18 Adoption Dept. Head: Prosecutor: WFIATCOM COUNTY Purchasing/Budget: COUNCIL , Executive: �N J ��' , TITLE OF DO NT: Resolution in the matter of the Whatcom County Six -Year Transportation Improvement Program for the years 2019 through 2024 ATTACHMENTS: 1. Memo to County Executive and Council Attachment "A"— Removed and Added Projects Attachment "B" — 2019-2024 Capital Project Priority Order and Financial Distribution by Year Attachment "RI-R33, B1-B16, FI-F4, Yl-Y8" — Project Summary Sheets Attachment "CI-C3"- Road Fund Balance, Revenue, Expenditure y Attachment "D" — Roadway Priority Rating Program Attachment "E" —Annual Bridge Report 2. 2019-2024 Six Year Transportation Improvement Program Resolution Exhibit "A" — 2019-2024 Six -Year Transportation Improvement Program Exhibit "B"- 2019-2032 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: 9125118 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: 9/11/2018: Discussed 9/11/2018: Introduced 7-0 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. 08L; WHATCOM COUNTY Joseph P. Rutan, P. E. o� PUBLIC WORKS DEPARTMENT County Engineer/Assistant Director 322 N. Commercial Street, Ste 301 Jon Hutchings Bellingham, WA 98225-4042 Director Qg�+NGS� Phone: (360) 778-6210 Fax: (360) 778-6211 Memo To: The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council Through: Jon Hutchings, Director At — From: Joseph P. Rutan, P.E., County Engineer/Assistant Directo _ Date: August 28, 2017 Re: Six -Year Transportation Improvement Program, 2019-2024 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 September 11th, for discussion of the information attached to this memorandum regarding the 2019-2024 Six -Year Transportation Improvement Program (STIP). If approved by the Committee we request that the STIP Resolution and its associated exhibits, 2019-2024 Six -Year Transportation Improvement Program and 2019- 2032 Fourteen -Year Ferry Capital Program, be introduced at that evenings County Council meeting. We then request that a public hearing be advertised for and held at the September 25th 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 and an Annual Bridge Report per RCW 36.81.121. 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. Infermatinn_ 1- Memorandum to County Executive and Council Attachment "A" — Removed and Added Projects Attachment "B" - 2019-2024 Capital Projects List Attachment "R1-R33, 61-1316, F1-F4, Y1-Y8" — Project Summary Sheets Attachment "Cl"- Road Fund Balance Projections Attachment "C2"- Road Fund Revenue Projections Attachment "C3"- Road Fund Expenditure Projections Attachment "D" - Roadway Priority Rating Program Attachment "E" —Annual Bridge Report Attachment "A" is a simplified form of Exhibit "A" to the STIP. 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WW 0 D Y� Q O f6 w O w 0 0 O J O 0 (Yu a)C a) ��� O� N Li C J2 Q L c a) N m L a) 'C E L N 0 0,L l6 @ 0 2z2af 0 m O ' O L1 0 �u o2_3—iU)MZ N 0 a) 0 0 N M� LO O r- w O O N M! r aR mmmmmmmmaammmmmmmm -- 312 Whatcom County Public Works Project Narrative Birch Bay Drive and Pedestrian Facility CRP #907001 Construction Funding Years : 2019 / 2020 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 1.58 mile separated berm with pathway to encourage pedestrian use along Birch Bay Drive to support safety and to protect the roadway from storm damage. In addition, the project will provide mitigation for both beach erosion and roadway protection. This project is listed #R1 on the 2019-2024 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 updated in spring of 2013. Preliminary Engineering began in late 2013, R/W acquisition began in 2016 (95% complete), permitting is 85% complete, and construction is planned for 2019 / 2020. Additional funding sources will be pursued as they become available. Total Estimated Project Cost: Expenditures to Date I $11,450,000 $3,500,000 Funding Sources: Federal State Local $3,170,000 (STP and TAP) $0 $8,280,000 Environmental Permitting Whatcom County -Shorelines; WDFW-HPA, Army Corps of Engineers, DOE; Sec 404 Clean Water Act Right -of -Way Acquisition (Estimate) $1,500,000 County Forces (Estimate) N/A _Bi rch. Pt., Cottonwood BIRCH BAY T 40 N T 39 N BIRCH STATE Tor,, fV h iteho rn t Rd. M •r � r derson Ri-I m i 5 0° Birch Bay - Lynden Rd - BIRCH BAY OD v R 1 n Rd. Rd.'• N NTS LOOMIS 3 C X — a Arne Rd Of E m x Bad Rd m m a IQ sR.54a. 313 Whatcom County Public Works Project Narrative Lake Whatcom Boulevard, Phase II Water Quality Improvements CRP # 915009 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 drainage improvements and pedestrian improvements to a 1.3 mile section of Lk Whatcom Blvd between Cable Street and Strawberry Point, addressing stormwater quality issues. This project is listed #R2 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: Survey work with associated base map and R/W research began in 2015. 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: $ TBD Expenditures to Date: $ 55,000 Funding Sources: Federal State Local $0 $0 $100,000 (Grant funding will be sought) Environmental Permitting SEPA, CLR/CAO, Shorelines Right -of -Way Acquisition (Estimate) $50,000 County Forces (Estimate) $10,000 SILVER Academy Rd. BEACH + o (Y C v Olsen G� Donald Av. i s� N. snore Agate Bay c: OM. Y,. �_ LENEVA� R2 ,I,S M a Fremont St-�'� NTS SUNNYSIDE c- I m SUDDEN 3 GALBRAITH MTN VALLEY Reveille Is. 314 Whatcom County Public Works Project Narrative Horton Road Northwest Drive to Aldrich Road CRP # 916002 Construction Funding Year(s): TBD Project Narrative: This new roadway 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 and intersection with N.W. Drive, along with all the associated permitting, I storm water and R/W issues. This project is listed #R3 on the 2019-2024 Six -Year Transportation Improvement Programs, Project Status: Design, right-of-way, and permitting to begin in 2017 with Surface Transportation Program (STP) Grant awarded to Whatcom County and transferred to the City of Bellingham. An interlocal agreement is in place for the City of Bellingham to perform design of the project in coordination with their section of Horton Road construction. Construction schedule dependent upon funding agreements with City of Bellingham and other sources. Funding Sources: Total Estimated Project Cost: TBD Federal ($1,000,000)" Expenditures to Date: $5,000 State 0 *$1,000,000 STBG Grant transferred to COB for Local $157,000 design of county portion. Environmental Permitting Right -of -Way Acquisition (Estimate) County Forces (Estimate) 3ellinghams int'i Airport , ti nr ! Ave ECS, BA, SEPA, CLR/CAO, Corps of Engrs TBD N/A 4 Kelly Rd. � ot�on Rd. o i `kelldgg Rii:` i 4 W.-Bakerview Rd. E3oi[;s Pal Mall McLeod_ Rd. a - f'- . _ I U_ 14 _.f N KING MTN. lvTS i i Bakerview Rd:, 315 Whatcom County Public Works Project Narrative Slater Road and Northwest Drive CRP # 914001 Construction Funding Year(s): TBD Project Narrative: The intersection of Slater and Northwest Roads is in Section 2 of T38N, R2E. The intersection will be reconstructed to a 4-leg round -a -bout. Fish passage improvements will also be constructed on Bear Creek which passes underneath Slater Road at this location. This project is listed #R4 on the 2019-2024 Six -Year Transportation Improvement Proqram. Project Status: $21,000,000 in state funding available for this project and project #R5, Slater Road/15 Interchange, in 7/2019. Design and permitting expected to take 3-4 years with construction in 2022 or 2023. Funding Sources: Total Estimated Project Cost: $21,000,000* Federal *Includes Project #R5 Expenditures to Date: $0 State I Local $0 $21,000,000* $50,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A o I �, Larson Rd Larson Rd. m o 2 I Sunset Ave. Lange Rd. Slater Rd- Slater Rd. �Xw�ww' Rayhorst `w`Rd. a Sna R4 �, N kqj r NTs n Rd. � I m Marietta Av. � 0O �4 c �� Lost Lk- 0 �r a; a I pO`t Skagit U, U Bellingham Int'I kellog9 Rd. u`y Airport Country Ln. W. Bakerview Rd. Bayou Qa� Rd. er�� O " E3wp,s Fair Mall 316 Whatcom County Public Works Project Narrative Slater Road 1-5 Interchange CRP # 916003 Construction Funding Year(s): TBD Project Narrative: This project is located north of Bellingham in Section 3, T38N, R2E. This project will improve the interchange/intersection of Interstate 5 and Slater Road. This includes the intersection of Slater Road with Rural Road and Pacific Highway. This project is listed #R5 on the 2019-2024 Six Year Transportation Improvement Program. ; Project Status: $21,000,000 available for this project and project #R4, Slater Road /Northwest, in 7/2019. Design and permitting expected to take 3-4 years with construction in 2022 or 2023. Total Estimated Project Cost: $21,000,000* *Includes Project #R4 Expenditures to Date: $ 0 Funding Sources: Federal $0 State $21,000,000* Local $50,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD ---- Te n na n IL UV Smith Rd r � Ct V-+�-}�-- o 0y -��' J Larson Rd- Lark oil M SunsetAv_e. Lange R�.i N NT S Sl`ate—r Rd P I ry G� Rd. . Rayhorst' Bed z Rd--, She y zr} I r a` n g, Ur 1�� Maft Av, 3 ,;'�; �0 �' Lost Lk. r ac=o° n �a� ---�-- - D , w a_ V Skagit 0 8- Bellingham r1� Fnt'1 ke11a99 Airport 7 Country Ln. W- Bakerview x, a yv n <�< ? + - t -fir, ix� 317 Whatcom County Public Works Project Narrative Slater Road Northwest Drive to Aldrich CRP # 914012 Construction Funding Year(s): TBD Project Narrative: This new roadway project is located in Sections 1 and 2 of T38N, R2E. The work involves the construction of a new roadway between Northwest Drive and Aldrich Drive as well as construction of a round -a -bout at the new intersection of Northwest Drive and Aldrich Road. This project is listed #R6 on the 2019-2024 Six -Year Transportation Improvement Pro ram — Project Status: Design, permitting, right-of-way and construction dependent upon funding agreements with the City of Bellingham and other sources. Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: $0 State $0 Local $50,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A .., Tennant p 1 1 F JLk� ° W, Smith Rd! E_ Smith Rd_ i3 y� Q Larson Rd- Larson Rd.' z:- I 0 Sunset eve Lange Rd. i. CDSlater RdN _ — Keliy; Rd'. c Shams - R6�� otton Rd cr m Maa etta A 0 Lost Lk. N �O0 ' NTs --- ----- 0 �, KIN �Skagst 0 m C • (Bellingham Fill Int'i ke1199 Rd:' Airport Country Ln. W. Baicerview Rd, E. Bakerview Rd i Rd2qXt anCr �, r r3;. ._ r j . Rcd lis 318 Whatcom County Public Works Project Narrative Smith Road & Northwest Drive Intersection Improvements CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located in Section 27 & 34 of T391N, R2E. The work involves intersection improvements that will likely be a roundabout or traffic signal at the current 4-way stop. This project will also require drainage upgrades and R/W acquisition, and is dependent on the NW Annex building being demolished at a future date. This project is listed #R7 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: The project is currently being scoped. — Funding Sources: Total Estimated Project Cost: TBD Federal $ 0 Expenditures to Date: $ 0 State $ 0 Local $100,000 (Grant funds to be sought) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD lain St E3arrettti-� Eton Rd r , 28 27 iH a. i W Axton Rd. et �i _0�Sp Q M M111 m 34 ca _. Sunset Ave R7 Slater Rd n 81 - Larson Rd. 101 Slater Rd r� W. Axton Rd. W Smith Rd Larson Id. --- 3G 7-NEEN-0 N tdT S M•C-) � cv W E M eA A Kell Min 319 Whatcom County Public Works Project Narrative Roadway Frost Depth Detectors CRP # 918001 Construction Funding Year(2019 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 damage following periods of deep frost. It is listed #R8 on the 2019-2024 Six Year Transportation Im rovement Pro ram. Project Status: Design work underway, construction scheduled for 2019. Funding Sources: Total Estimated Project Cost: $355,000 Federal $ Expenditures to Date: $30,000 State $ Local $325,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this item, no map exists. Location of the new roadway frost depth detectors will be determined in 2019. 320 Whatcom County Public Works Project Narrative Marine Drive Locust Avenue to Alderwood Avenue Reconstruction and Bike/Ped Facilities CRP # 917001 Construction Funding Year: 2021 Project Narrative: This Marine Drive project is located between Locust Ave. and Alderwood Avenue in Section 15 of T38N, R2E. The work involves reconstruction of approximately ''Y2 mile of roadway with emphasis on bike/pedestrian and stormwater quality enhancements. This project is listed #R9 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: Survey completed and design initiated in 2017. Funding Sources: Total Estimated Project Cost: $3,025,000 Federal $1,509,000 (STBG) Available in 2021 Expenditures to Date: $42,000 State $0 Local $1,516,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A 3: Airport '► '-� �_ Country Ln. L9 T W:'7Bakerview Rd. , E.. Bakerwew Rd- q M I_oi�... w� Mall ►, _ ' Al Rd. r - — ood Ave. a� c rSqualicum C. M1 I� I vn$etD� F = �y �atl8ma t: ....� AD � - N �,..:_ �: ,�. Iowa St. �? 0 W h Ole on'NTS Gr Squalicum Harbor ti f BELLINGHAM r av Dr. I M. L�i i�i�lll _r 321 Whatcom County Public Works Proiect Narrative North Shore Road Bellingham City Limits to Y Road CRP # 902007 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 improvements to address horizontal and vertical alignment deficiencies; spot safety upgrades, and stormwater quality treatment. This project is listed #R10 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: Preliminary design and construction time frames will be contingent on resolution of funding needs, along with permitting and R/W issues associated with the final selected sites. Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: $ 0 State $0 Local $10,000 (Grant funding will be sought) Environmental Permitting SEPA, CLR/CAO, Shorelines Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A SI1LVER - ' Aoade BEAC H'Ty Rd.'` # , �. %.•tI m"' cZZ Olsen r - � Donald Id Av. � U �a ` U ; R10 Zy Ba Agate N g y r ' NTS D GENEVA M FremonEStQ { ----- ---..� �' Lo vise �h - - --------------------- _ _.__—--._---�a-------- _ — yl- - - �h`Iec 322 Whatcom County Public Works Project Narrative Construction Funding Year(s): Lummi Nation Transportation Projects CRP #912017 2019 Project Narrative: The Lummi Nation Transportation Projects 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 transportation improvement projects in accordance with Exhibit C of the October 27, 2011 Uplands Lease Agreement for Lummi Island Ferry Use at Gooseberry Point. This project is listed #R11 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: Proiects funds will be available for expenditure when funds of eaual or areater value are matched by the Lummi Nation. Funding Sources: Total Estimated Project Cost: $4,000,000 Federal $0 Expenditures to Date: $2,000,000 State $0 Local $2,000,000 Environmental Permitting N/A Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A Due to the nature of this item, no map exists. Location of the new transportation projects will be determined in 2019. 323 Whatcom County Public Works Project Narrative Point Roberts Transportation Improvements CRP # 910002 Construction Funding Year(s): 2019 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 projects to be funded by the Pt. Roberts Transportation Benefit District. This project is listed #R12 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: Public Works has assigned staff working with the Point Roberts Transportation Benefit District Advisory Committee to coordinate project evaluation, selection, and development. Total Estimated Project Cost: $150,000 Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $150,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Point Roberts R l rcvas 6—. Ma.IJSA I� 1 T 41 N Maple Beach I 15. T 40 N Johnson Rrd. r��\ 1 Rex Rd. Sexnsol R12 1C` A.P:A. Rd. j i Q {`Marina _ r Lily Pt f r U.S. Lighthouse Reserve 324 Whatcom County Public Project Narrative Slater Road/Haxton Way CRP # 917002 Construction Funding Years : TBD Project Narrative: This project is located on Slater Road in Section 36, T39N, R1 E. The project is to improve the intersection, through location of a dedicated left hand turn signal, pavement, drainage, signing, and striping improvements. This project is listed #R13 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: The County has selected a traffic design consultant and completed the design of a protected left hand turn for both legs of Slater Road. Additional preliminary engineering for pavement design is anticipated for 2018. Total Estimated Project Cost: $ TBD Expenditures to Date: $ 43,000 Funding Sources: Federal State Local $10, 000 Environmental Permitting HPA, SEPA, Sec 404, NEPA Right -of -Way Acquisition (Estimate) $ TBD County Forces (Estimate) TBD CO if Rd Ulrick Rd. �l k nl C { i o `` I LL_IPS ❑ �tL I c 3q Lampman Rd. E 4 !C Walltine Rd. 35 36 — 32 0 u_ Qj 2 J WallUne Rd. Slater Rd. Slal�r Rd 1-.1 � � - I-- N R13 a m L+1 v Rayhorst C Krs 3 z� 6 >x Rd. 5 Sha0y 0 ��� Z fttih Red R►Vec Rd. South � d r RCal p ,�. M ari La tr �,�/ 0`�' � W ` E -P �� =O 325 Whatcom County Public Works Proiect Narrative East Smith Road Everson -Goshen Road to SR 542 CRP # 916006 Construction Funding Year(s): 2021 Project Narrative: This East Smith Road project is located between Everson -Goshen Road and State Route 542 in Section 25 of T39N, R3E and Sections 28, 29, 30 T39N, R4E. The work will involve the pavement rehabilitation of approximately 3.25 miles of roadway. This proiect is listed #R14 on the 2019-2024 Six -Year Transportation Improvement Prooram. Project Status: Design, permitting and construction to be completed in 2021. Design and Construction is anticipated for 2021 Funding Sources: Total Estimated Project Cost: $1,460,000 Federal Expenditures to Date: $9,000 State $1,000,000 (RATA) Local $460,000 Environmental Permitting SEPA, ESA Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A I Harmony Rd. - 0 x t Kelly Rd HuntlelRd - Lee Wk0 YCI< �t �uaiicum CI- SSqualiicurn Lk. I ; CEDARVILLE `gcn \Ny k Eberly Rd s NTS 326 Whatcom County Public Works Pmject Narrative East Smith Road & Hannegan Road Intersection Improvements CRP # 914002 Construction Funding Year(s): 2021 Project Narrative: The intersection of East Smith and Hannegan Roads is located in Sections 28, 29, 32 and 33, T39N, R3E.This project is listed #1115 on the 2019-2024 Six -Year Transportation Improvement Program. This intersection currently experiences delays due to the lack of left -turn channelization on Smith Road. The first phase of this project is to analyze a range of solutions as well as their associated benefits, limitations, and costs. Project Status: Traffic counts and warrants completed with an associated `Alternatives Analysis' performed by a traffic consultant in 2018. Construction proposed for 2021. Total Estimated Project Cost: $3,700,000 Expenditures to Date: $120,000 Funding Sources: Federal $1,000,000 STBG available in 2021 State $0 Local $2,700,000 Environmental Permitting SEPA, ESA Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A E.IAxton Rd- I iZ t N Dee w 1� :a 1 E. Smith Rd. >on Rd m � V Kelly[ Rd!. 1 Rd Bellinger Rd, o Y g ca c CO o N a ro o N = o Harmony Rd. 0 NTS I rr LlHuntleyRd. a. Van Wyck Rd. 8" VAN, IYCK 327 Whatcom County Public Works Project Narrative Guardrail Safety Program Safety Improvements CRP # 918002 Construction Funding Yea s : 2019 Project Narrative: This item provides funding to install guardrail as safety measures throughout the County at locations fitting criteria detailed in the grant application. These improvements will decrease run off the road and struck fixed object type of accidents. It is listed #R16 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: Grant applied for in spring 2017, with funding received and design initiated in 2018. Construction in Early 2019. Total Estimated Project Cost: $930,000 Expenditures to Date: $30,000 Environmental Permitting Right -of -Way Acquisition (Estimate) County Forces (Estimate) Funding Sources: Federal $900,000 State $ Local $30,000 Shorelines TBD TBD Due to the nature of this item, no map exists. Location of the new guardrails are at 25 sites countywide. 328 Whatcom County Public Works Project Narrative Birch Bay Drive — Jackson Rd. to Shintaffer Rd. CRP #Not Assigned Construction Funding Year(s): 2022 Project Narrative: This project is located in Sections 24, 30, and 31 of T40N, R1 E. The work involves pavement rehabilitation of approximately 2.5 miles of roadway through a grind/repave operation. This project is listed #R17 on the 2019-2024 Six - Year Transportation Improvement Program. Project Status: Project design and construction will closely follow the Birch Bay Drive & Pedestrian Facility project to rehabilitate Birch Bay Drive after the soft shore berm construction activities. Additional funding sources will be pursued as they become available. Funding Sources: Total Estimated Project Cost: $1,200,000 Federal $ 0 Expenditures to Date: $ 0 State $ 0 Local $1,200,000 Environmental Permitting SEPA, CLR/CAO, Shorelines Right -of -Way Acquisition (Estimate) $0 County Forces (Estimate) TBD I BIRCH BAY T40N T39N C1 r.'r�4 lhitehorn _ I ,5 -61 rFl.00lRd. !d� Anderson R R17 R 17 3o C Arnie Rd. Rd. r Loomis Trail Rd f y- r�ia . '"3� 13ir fr Bsaeh Bay - Lyndon Rd. a Arnie Rd N Tai v 4 NTS E Bay Rd. Bay Rd Micole Ln a— Beh (9 is Trail Rd. too Loor. � T w f� F i• r Arnie Rd. A O a F = i Rd SI 7 Rd. 5 Kluken a 329 Whatcom County Public Works Project Narrative Turkington Road/Jones Creek CRP # 915013 Construction Funding Year(s): TBD Project Narrative: This project is located in Sections 6 & 7, T37N, RSE. This work involves completing design of road and bridge modifications in this area in coordination with a debris flow berm project being developed by the River and Flood Division. The project is listed #R18 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: Alternate analysis work is underwa the River & Flood Division. Funding Sources: Total Estimated Project Cost: $ TBD Federal $0 Expenditures to Date: $0 State $0 Local $275,000 Environmental Permitting BA, HPA, SEPA, Corps of Engrs, CLR/CAO, Shorelines, DNR Right -of -Way Acquisition (Estimate) $50,000 County Forces (Estimate) N/A IcCar(y Cr-- i + tasquito Lk.R = ACME N ` n R I . 0 nTs I / � `• ti'J ��G I / R18 `� ,ones Cr ? N } ' �f ! s� OUTH 0 I f Op I uz I rr n I } fl 330 Whatcom County Public Works Project Narrative _ Birch Bay Lynden/Blaine Rd. Intersection Improvements CRP # Not Assigned 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 #R19 on the 2019-2024 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. Funding Sources: Total Estimated Project Cost. $4,000,000 Federal $0 Expenditures to Date: $0 State $0 Local $50,000 Environmental Permitting Right -of -Way Acquisition (Estimate) County Forces (Estimate) Li And r�rf% 1 Beach acf k�GkerL�}i CID _I Fleet Rd. `m 4- rson Rti. m M to d� B I RG B+�Y — co R19 nr LO 4�. �IiYa'�'- Alderson Rd. Arnie Rd . s Parch Bay Lynden Rd m Loomis Trail Rd. i. 3 Creas'yRR N Arnie Rd. NTS � Tarte CCcc 2 331 Whatcom County Public Works Project Narrative Lincoln Road II Harborview Road to SR 548(Blaine Road) Reconstruction and New Alignment CRP # 908011 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 quality and quantity treatment. This project is listed #R20 on the 2019-2024 Six -Year Transportation Improvement Program. 1 Project Status: Design, permitting, R/W and construction time frames would be contingent on availability of addition grant monies to fund I the project, as well as resolution of some key acquisition, WSDOT access and wetland mitigation issues. Funding Sources: Total Estimated Project Cost: $ TBD Federal $0 Expenditures to Date: $0 State $0 Local $5,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A ■ \ Z10 4 13h rho �a tea m ■ 3t^ i e� /ck �`�J�� I--- �'j Lincoln R20 Fleet d Fi. Q� c°3n B�rcr` M y °: Anderson Rd- - NTS Cottonwood Beactlsa Birch Bay - L, Bi RC H BAY 332 Whatcom County Public Works Project Narrative Marine Drive II 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 Section 15 of T38N, R2E. The work involves reconstruction of approximately Y2 mile of roadway with emphasis on bike/pedestrian enhancements. This project is listed #R21 on the 2019-2024 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. Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: $0 State $0 Local I $5,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A �¢ Marietta Av. u �5 G� Lost Lk. F a � Skagit a t i fo sl C 11ingham rLn. Int'I irport ., Country g�yon � ea 45 7 c� +Q 17 r ✓1 NooksaoKpe\�a ,u N }ITS Dt. n o a v 12y ikello9g Ri W=$akerview Rc Sat1,i'� Falr Mall MaLevd 23 t HarborSqualicurn Var rt Rd rev ! 333 Whatcom County Public Project Narrative Hemmi Road Flood Mitigation CRP # 916007 Construction Funding Year(s): 2020 Project Narrative: This Hemmi Road Flood Mitigation project is located on Hemmi Road approximately a half mile east of Hannegan Road, located in Section 16 and 21 of T39N, R3E. Hemmi Road is submerged several months of the year at this location. Project work will include raising this portion of the road, installing a larger culvert and associated road work. This project is listed #R22 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: Engineering, permitting and real estate work expected to be completed in 2019 with construction scheduled in 2020. Funding Sources: Total Estimated Project Cost: $1,350,000 Federal Expenditures to Date: $175,000 State Local $1,350,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD _!.._.._. —._. _.._.. r �' Wiser Lk. Fountain Lk Foun. rE JEFtSON �� B rtlett'Rd. � E. Pale rid. SR.544 Ot Cole Rd. M L Beard Rd• Green Lk. ' simile CI r3 Central Rd. ° ,G'c Ten PAJO. Rd. H I ` zt=R22 E. Hemmi R Fazon Lk. Margn Rd. E- Hemml RdLl �- LAUREL @ ' if E. Laurel Rd- N GGSHEi Goshen Rd. (X E)Axtan Rd,-_. 2 NTS o w o Lo JT m tm ? O L I r a —vJ ger Rd. 4 : 334 Whatcom County Public Works Project Narrative Innis Creek Road CRP # 915014 Construction Funding Year(s): TBD Project Narrative: This project is located northeast of Wickersham in Section 29, T37N, R5E. The work involves raising a quarter mile section of Innis Creek Road to mitigate flooding issues. This project is listed #R23 on the 2019-2024 Six Year I Transportation Improvement Program. Project Status: Preliminary design and permitting work is underway with alternatives and associated costs developed in 2018- Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: $ 20,000 State $0 Local $15,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD P ark U LL ! n d'd m E OL N i I Doran Rd. ,Q 9 ' Z. R23 \�-latchery i1R ��. Oa�l I -c Mirror Lk. I WICKERSHAM I INicEcErsham Rd. LYMAN HILL Rd- WHATCOM COUNTY OCR Whatcom County Public Works Project Narrative Larrabee Road Flood Prevention CRP # 914003 Construction Funding Year(s): TBD 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 #R24 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: Project site is monitored routinely. Project scoping and design scheduled to begin in 2017 pending results of the ongoing monitoring program. Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: $ 0 State $0 Local $5,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD A n -s� Larson Rd- Larson Rd:k" C7 Sunset Ave. Larig e Rd. —_ F r• m �, + Site r Rd . .•-`.• I , K, ne Rd a� y.�y� ��J t C L � s it etta Av. w Est Lk. N a ICING MTN. NTS R24 C Bellingham 'i Int'I "ke11699 Rd: Ai rp ort �`� +--� Country Ln- ' Bakerview R VII.:d. 'E1 `1... • �. j i ., Bakervlew Rd. L /- AFT 336 Whatcom County Public Works Project Narrative Lakeway Drive Corridor Preliminary Engineering Study CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located in Section 34, T38N, R3E. This project proposes to rechannelize 1.4 miles of Lakeway Drive to coordinate with the proposed rechannelization of Lakeway Drive within the city limits. This project is listed #R25 on the L2019-2024 Six -Year Transportation Improvement Program. Project Status: Close coordination with the City of Bellingham on their channelization plans and associated construction activities will drive the preliminary engineering efforts in the Count Total Estimated Project Cost: TBD Expenditures to Date: $0 1 Funding Sources: Federal $0 State $0 Local $5,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Donald Av. C) ��• Q N. Shore C. Agate Bay 1 GENE VA ti n R25 Fremont St. N NTS CdOise 14, � I � - C1 rz Oct Whatcom County Public Project Narrative Ferndale Road/Levee Improvements CRP # Not Assigned Construction Funding Year(s): TBD j Project Narrative: This project is located in Sections 30 and 31, T39N, R2E. This project includes reconstruction of 1.2 miles of levee including the Ferndale Levee and Ferndale Treatment Plant Levee segments. The new levee will be set back slightly to Ferndale Road with the roadway serving as the crest of the levee. This project is listed #R26 on the 2019-2024 Six -Year Transportation Improvement Program. roject Status: Due to the high cost, outside funding will be sought. The WCFCZD will pursue funding through the loodplains by Design grant program administered by the DOE. Total Estimated Project Cost: $7,000,000 Expenditures to Date: $0 Funding Sources: Federal $ State $ Local $50,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD aw Paradise Rd. Y ^ zA ie 20 L F1rRNDAL-E --+ o U) I.: 1 Mtn. View Rd. Main 5t. ISarreLlti�A ,! c�• nton Rd. 25 z_.,._.30 �..J �dG 28 1 27 Tennant 7s s Ulrick Rd. o ! 1 c N R26 Lk. W. Smith Rd.. 0 w ri Q NTs � 0'' y7 Lampman Rd. E b IE _ '�� J a �a Z Larso - CD .m 0 Sunset Ave Lar Stater Rd. q Lucy `. T Slater Rd. •r Rayhorst G `a SYt� 6 0 - Q,CC f--- z r 338 Whatcom County Public Project Narrative Abbott Road/Levee Improvements CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located in Section 27, T40N, R3E. This project proposes to stabilize an approximately 600-LF section of the left bank of the Nooksack River adjacent to Abbott Road and to extend the upstream end of the Abbott Levee and realigned it to run under Abbott Road. This project is listed #R27 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: The funding sources will likely include the County Road fund, the WCFCZD and the LE Subzone. Total Estimated Project Cost: $600,000 Expenditures to Date: $0 Funding Sources: Federal $ State $ Local $600,000 Environmental Permitting HPA, ACOE, Shorelines, SEPA Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD L o _ p r U ti — Lindsay Rd. �,, ' ain 5t• Slo �9h 1 �YNL]�1±Pi ;• ytam�' `o"c I `a ry Hampton Rd Fro g ` � v t . Kok R`.d_ �. I -a L3 X un Timon Rd. ' Tom Rd. ..� — Palinder fi'e. X - 1 Abbot Rd. �.� Stickne � m i400i(SA'C i RIVE a2� Rd. R27 Is, o N NTS Sc�ugiich igolte Rd. Van Dyk sii 1 Rd Rd. l ��$et �'. — Van Dyk Rd. e'3 a ^— Wiser Lk. Fountain Lk. r• Ef'SON r -- aartl6tt'Rd E— 339 Whatcom County Public Works Project Narrative Northwest Drive, City of Bellingham to Axton Road Structural Overlay CRP # Not Assigned Construction Funding Year(s): 2020 j Project Narrative: This project is located between the City Limits of Bellingham and Axton Road in Sections 2, 11, 26, & 35 of T38N & T39N, R2E. The work will involve a structural overlay of 3.45 miles of roadway, along with other minor improvements. This project is listed #R28 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: Reviewed project scope with M&O Division, and decided to perform structural overlay (as opposed to "Chip Seal") due to following factors: road is urban arterial; project limits within UGA; current bike route; high ADT; and anticipated growth along corridor. Funding Sources: Total Estimated Project Cost: $1,500,000 Federal $0 Expenditures to Date: $0 State $ Local $1,500,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A hid. E�k C`LAUREL ' !t r Paradise Rd r W LauMl,Rd E. Laurel Rd. s —J Barrels m W. Axton Rd. �~ E.IAx� n Rd_ xj1 . g ,��� • ':'Atn c�a �Ih5 ❑e o lynx "t7 Beilinger Rd. a o, Yir>�tit J:V �Lk. 1;6yyl, E. Smith Rd. �' �A J y m co el i_.3fS9t7 t2d. EL.ri750n FZd,. SUnSq[ A Lange d. ti KeRy'Rd. Rug. _ X -T Bm .� Kke3e }iiJ. t N nrs a -� ion RC- J c Ivlannt4's Av. -�.—.- � o an Wyck Fed. Lost Lk. C .,.J �� ern rn_ °' 3 "`i� Substattal Skagit �,L] u �• o: t c [ Bellit 'ngham G Z 4a �a`ry a InI kett Ra. n Airport V. c Country Ln W Eakorvi4W Rd. 1 . Ba&FAo, Rd' a Bayan� $f G T. �nls l 1 t� tFAIL �•—b .� .f�Onia F3. 340 Whatcom County Public Works Project Narrative E. Smith Rd., Hannegan Rd. to Everson Goshen Rd. Pavement Rehabilitation CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This East Smith Road project is located between Hannegan Road and Everson -Goshen Road in Sections 26, 27, 28 of T39N, R3E. The work will involve the pavement rehabilitation of approximately 3 miles of roadway. This project is listed #R29 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: Project submitted for Rural Arterial Preservation Program (RAPP) grant funds. Funding Sources: Total Estimated Project Cost: $ Federal $0 Expenditures to Date: $0 State $0 Local $5,000 Environmental Permitting Right -of -Way Acquisition (Estimate) County Forces (Estimate) o; 17 f w J Bellinger Rd. t� � Tn LL + CC ... 4 •E. Smith Rd. N m N " NTS o ■ s s P o Harmony Rcl a R29 c z a r M -- 7 Huntley Rd. Kline Rd. • "� c m � , r I � rr Lee Wy. x • 341 Whatcom County Public Works Project Narrative Birch Bay Lynden Rd, Enterprise Rd. to Rathbone Rd. Pavement Rehabilitation CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This Birch Bay Lynden Road project is located between Enterprise Road and Rathbone Road in Sections 27 & 28 of T40N, R2E. The work will involve the pavement rehabilitation of approximately 2 miles of roadway. This project is listed #R30 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: Project submitted for Rural Arterial Preservation Program RAPP rant funds. Funding Sources: Total Estimated Project Cost: $ Federal $0 Expenditures to Date: $0 State $0 Local $5,000 Environmental Permitting Right -of -Way Acquisition (Estimate) County Forces (Estimate) Loom Es Trail Rd m a Dakota �r o y rgy w Tromp Co Birch Bay - Lynden Rd IML iich $ay - Lynden Rd. CU T w NTS c C � Q u� � Willeys Lk. � Lk. Rd. Z Willsys .sell Rd. 342 Whatcom County Public Works Project Narrative ADA Barrier Removal ADA Transition Plan, Multiple Locations CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: Whatcom County will be addressing an update to its Americans with Disabilities Act (ADA) Transition Plan in 2019, concentrating on an assessment of facilities in County road rights -of -way. This project will involve the removal of a number of barriers yearly, in a systematic and prioritized method. This project is listed #R31 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: ADA Transition Plan update will be completed in 2019, with a number of priority barrier locations highlighted by the study, addressed in 2020 Total Estimated Project Cost: $ Expenditures to Date: $0 1- - Environmental Permitting Right -of -Way Acquisition (Estimate) County Forces (Estimate) Funding Sources: Federal $0 State $0 Local $50,000 Due to the nature of this item, no map exists. Location of the ADA Barrier Removals will be determined. 091 Whatcom County Public Works Project Narrative Small Area Paving Bridge Approach, Pavement Rehabilitation, Minor Widening CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This work will address multiple locations throughout Whatcom County that are in need of corrections to settling bridge approaches, minor widening for safety issues, and pavement rehabilitation. This project is listed #R32 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: Working with the Maintenance & Operations Division to scope out potential projects. Funding Sources: Total Estimated Project Cost: $250,000 Federal $0 Expenditures to Date: $0 State $0 Local $250,000 Environmental Permitting Right -of -Way Acquisition (Estimate) County Forces (Estimate) Due to the nature of this item, no map exists. Location of the small area paving will be determined. 344 Whatcom County Public Works Project Narrative Samish Way/Galbraith Lane Pedestrian Crosswalk CRP # Not Assianed Construction Funding Year(s): TBD Project Narrative: Construct pedestrian actuated crosswalk from access Samish Way at Galbraith Lane. This project is listed #R33 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: Project to coordianate with City of Bellingham proposed construction of a parking lot on southside of Samish Way at Galbraith Lane. Total Estimated Project Cost: $ TBD Expenditures to Date: - 0 - Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Funding Sources: Federal $0 State $0 Local $50,000 GALB RAITH M TN I LOOKOUT i, 6 N i I 345 Whatcom County Public Works Project Narrative Marine Drive / Little Squalicum Creek - Bridge No. 1 Rehabilitation CRP #910017 Construction Funding Year(s): TBD 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 structurally deficient designation and existing load restrictions on the bridge. The project is listed #B1 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: Preliminary design work to begin in 2019. Construction pending acquisition of BRAC funds. Funding Sources: Total Estimated Project Cost: TBD Federal Expenditures to Date: $0 State Local Environmental Permitting HPA, NEPA Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD $0 $0 $20,000 Mall Alde Rtl, Woad Avtr. m iT, OIL 4ualiCurn Cr71 .r► Cd @ ,73 in etOl 1Wabama'S B 1 F E. -4, 41 4 17 + NTS .s �. C a`, ��. Sawa S �{ ha ar CO �_"' ___F_ Squalit~um Harl7dr 346 Whatcom County Public Works Project Narrative Jackson Road / Terrell Creek - Bridge No. 81 Replacement CRP # 917004 Construction Funding Year(s): TBD Project Narrative: This project is located near Birch Bay in Section 31, T40N, R1 W. This is a project to replace the existing 62-foot structurally deficient bridge. This project is listed #1132 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: Project was submitted for BRAC funding in 2017 and was not selected for funding. Preliminary design work, including a type, size, and location study to begin in 2019. Outside funding will be pursued for the construction phase of this project. Total Estimated Project Cost: $ TBD Funding Sources: Federal $TBD Expenditures to Date: $ 0 State $TBD Local $220,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD BIRCH BAY i�s � = m 3 CrE { Arnie Rd. Arnie Rd. N Alderson Rd. Tarte Rd. v eJXO NTS W BG y 0 6;�ryy CG LD � M 40 N S co 39 N Bay Rd. Bay Rd, BICH BAY m STATE PARK 0 Te rr� CL n Kul Grandview Rd..... o _ ._ 347 Whatcom County Public Works Project Narrative Mosquito Lake Road / Porter Creek - Bridge No. 141 Replacement CRP # Not Assigned Construction Funding Year(s): TBD— wl 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 #1133 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2021, Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: $ 0 State $0 Local $5,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD VANr ZANDT 5cr �c B3 0 J Rd. N z NTS VAN ZANDT DIKE Hf'rs1P�s iC r Mosquito Lk. a Beihnaham Water 19r(f ' d1e Fork Naq�Diversion sack River Q.4 t C'. Jorgensen Lk. t`ra`nd�Rd RM Whatcom County Public Works Project Narrative N. Lake Samish Road Bridge No. 107 Replacement Study CRP # 913006 Construction Funding Year(s): Project Narrative: This project is located on Lake Samish in Section 27, T37N, R3E. This project will replace the existing 250-foot timber bridge which is structurally deficient. This project is listed #1134 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: Project was submitted for BRAC funding in 2017 and was not selected for funding. The type, size, and location study for the replacement bridge was completed in 2017. Final design, permitting, and real estate work is underway. Outside funding will be pursued for the construction phase of the project. Funding Sources: Total Estimated Project Cost: TBD Federal Expenditures to Date: $400,000 State Local Environmental Permitting TBD Right -of -Way Acquisition TBD County Forces TBD CHUCKANUT MTN. Cedar Lk. Mud Lk. ice Lk. BEE STATE \Rx Lost Lk. �0 $0 $0 $700,000 Pine Lk. E D . �nrer Aiu1 a illy �'�G a BLANCHARD MTN. s4 aN ;J WHATCOM COUNTY I I NTS I 349 Whatcom County Public Works Project Narrative Hannegan Road Bridge No. 236 Replacement CRP # 913007 Construction Funding Years : 2018 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 #1135 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: Project design and permitting completed in 2017. Construction of this project expected to be completed in 2018. Project closeout will continue into 2019. Rural STP funds have been obtained for construction of this project Funding Sources: Total Estimated Project Cost: $1,770,000 Federal $950,000 (STP) Expenditures to Date: $1,520,000 State $0 Local $820,000 Environmental Permitting HPA, NEPA, ACOE, Shorelines Right -of -Way Acquisition (Estimate) N/A F—County Forces ` N/A 350 Whatcom County Public Works Project Narrative Roberts Road/Anderson Creek, Bridge No. 249 CRP # 915020 Construction Funding Year(s): 2019 Proje Narrative: This project is located west of Deming in Section 19, T39N, R4E. This project will replace the existing 69-foot bridge, which is structurally deficient with a new reinforced concrete bridge. This project is listed #136 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: Project design, real estate, and permitting work completed in 2017. Construction of this project expected to be completed in 2019. Federal BRAC funds have been obtained for this project. Funding Sources: Total Estimated Project Cost: $2,145,000 Federal � $1,387,170 (BR) Expenditures to Date: $1,895,000 State $0 Local I $757,830 Environmental Permitting HPA,ACOE,404,NEPA Right -of -Way Acquisition (Estimate) County Forces (Estimate) Fazan Lk M�>;Rd nsgoad Rd. pro �R a GOSHEN Goshen Rd- E. Hoff Rd. N B6 Hafj�� C: NTS 3 o ` CL s0 CEDARVILLE y n WTI m w $ E. Smith Rd. a 351 Whatcom County Public Works Project Narrative Massey Road/Sumas River, Bridge No. 291 CRP # 915016 Construction Funding Year(s): 2019 Project Narrative: This project is located east of Everson in Section 5, T39N, R4E. This project will replace the deck on this structurally deficient bridge. These improvements will remove the structurally deficient designation and load restrictions. This project is listed #137 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: Design and permitting work completed in 2018. Girder and guardrail procurement will be completed in 2018. Construction of this project scheduled for 2019. Total Estimated Project Cost: $270,000 Expenditures to Date: $160,000 Funding Sources: Federal $0 State $0 Local $270,000 Environmental Permitting HPA, SEPA, Shorelines Right -of -Way Acquisition N/A County Forces (Estimate) $270,000 t T South Pass Rd. Swift m Hughes Rd. 0 3 I O Cy. Z assey Rd. O EVERSON i B7 4M(Yo Rd. N w -xA R e ° U HTS ` � Cabrant Rd. Cole Rd: Mack Rd. s Dale C R Hopewell Rd. G) m � o 352 Whatcom County Public Works Project Narrative W. Badger Road/Bertrand Creek Bridge No. 50 CRP # 915024 Construction Funding Year(s): 2019 Project Narrative: This project is located west of Lynden in Section 12 & 14, T40N, R2E. This is to replace this structurally deficient bridge. This project is listed #68 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: Design, permitting, and real estate work expected to be completed in 2018. Construction of this project scheduled for 2019. Federal BRAC funds in the amount of $1,430,008 have been obtained for this project. A request for additional BRAC funds will be submitted in 2018 which, if successful, will reduce the local funding on this project. Funding Sources: Total Estimated Project Cost: $3,500,000 Federal $1,430,008 (BR) Expenditures to Date: $350,000 State $0 Local $2,069,992 Environmental Permitting HPA, SEPA, 404, NEPA Right -of -Way Acquisition (Estimate) County Forces (Estimate) Barnhart Rd. E U d) u7 t CX fO :2 C a r�Ts COI SR 546 B8 -a i Cr C M is Trail Rd. e m .,.r..._. � E. Main 5t. ��e-- LYNDEN f Trorrlp Rd ,13 353 Whatcom County Public Works Project Narrative Goshen Road/Anderson Creek Bridge No. 248 CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located south of Everson/Goshen in Section 19, T39N, R4E. This is a project to replace the existing 62-foot structurally deficient bridge. This project is listed #1139 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2021 Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: $ 0 State $0 Local $20,000 Environmental Permitting TBD Right=of-Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Fazon Lk. .. Marti �Rd. ps9 d Rd. D' GOSHEN Goshen Rd. E. Hoff Rd. N r B 9 Ha -0 t1" HT5 3 C 3 o U) CEDARVILLE Q a n Nly' D LU E. Smith Rd. I � - M 354 Whatcom County Public Works Project Narrative Slater Road / Nooksack River Bridge No. 512 Overheight Detection CRP #914013 Construction Funding. Year(s): TBD Project Narrative: This project is located on Slater Road at the Nooksack River in Section 6, T38N, R2E. This is an overheight detection/warning system project. The project is listed #610 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: Preliminary desian work to beain in 2022. Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: $1,500 State $0 Local $20,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD n Rd. c x zd Kwina Rd. I I , I L 1 f N NTS 1 K. � � I 0 ti ❑ ►2 J Stater Rd. Rayhorst B I O Q Rd. c a Sha z �� r 01 z:Ct - W': 0 u uJ Skagit �t C 7s cn iarietta Av. Lost Lk_ �� U Sunset Ave. r Slater Rd. Bellingham qInt'l Airport 355 Whatcom County Public Proiect Narrative Martin Road/Anderson Creek Bridge No. 250 CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: Project: This project is located on Martin Road in Section 18 & 19, T39N, R4E. This is a project to replace the existing 31-foot structurally deficient bridge. This project is listed #11311 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2023. Total Estimated Project Cost: TBD Expenditures to Date: $0 Funding Sources: Federal State Local $5,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Central Rd. U li d n Geo, a 9�-9 Cn a Fazon Lk. M in Rd. Osgood Rd GOSHEN Goshen Fdc:. E- Hoff Rd. N ��y LAWRENCE � � Gc• � '�a a o � c v ¢ CEDARVILLE p r <n J • � S ,,, WY• y � x W v o E. Smith Rd. �a a l lost Whatcom County Public Proiect Narrative Loomis Trail Rd/Bertrand Cr. Trib. Bridge No. 497 CRP # Not Assianed Construction Funding Year( s): TBD Project Narrative: This project is located on Loomis Trail Road in Section 15 & 22, T40N, R2E. This project is to replace the existing 21-foot structurally deficient bridge. This project is listed #11312 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: 1 Preliminary design and permitting to begin in 2022. Funding Sources: Total Estimated Project Cost: TBD Federal Expenditures to Date: $0 State Local $5,000 Environmental Permitting TBD TBD Right -of -Way Acquisition (Estimate) County Forces (Estimate) TBD 6 N B12 T NTS Birch Bay - Lynden Rd_ i _....---� E. Main St. i LYNDEN f Tromp I I J Kok Rd.-tr d F 357 Whatcom County Public Project Narrative _ Lenhart Rd/Saar Creek Bridge No. 329 CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located on Lenhart Road in Section 31, T41 N, R5E. This project is to replace the existing 31-foot structurally deficient bridge. This project is listed #11313 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2023. Total Estimated Project Cost: TBD Expenditures to Date: $0 Environmental Permittinct Right -of -Way Acquisition (Estimate) County Forces (Estimate) TBD Funding Sources: Federal State Local $5,000 IM K-01 Whatcom County Public Project Narrative Salakanum Way/Anderson Creek Bridge No. 509 CRP # Not Assigned Construction Funding Years : TBD Project Narrative: This project is located on Salakanum Road in Section 19, T39N, R4E. This project is to replace the existing 31-foot structurally deficient bridge. This project is listed #11314 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2024. Funding Sources: Total Estimated Project Cost: TBD Federal Expenditures to Date: $0 State Local $5,000 nvironmental Permitting TBD ight-of-Way Acquisition (Estimate) TBD aunty Forces (Estimate) TBD � a yp m �l �, Gepr9 i Fazon Lk. Osgood Rd. Mart rT Rd, N - �r n Cr far �' GOSHEN NTS Goshen Rd, E. Hoff Rd. G� L_. Fj LAVWV ENCE B 14 _y --� o Q CED VILL•E a D "� z m LU sa p o a E. Smith R Er I � n 1Ni11iFxms Rd.- 1 - l `n Eberiyi Rd. i ,ony Rd Lr E_ Kelly Rd 359 Whatcom County Public Works Proiect Narrative Mosquito Lake Rd/Hutchinson Creek Tributary Fish Passage CRP # Not Assigned Construction Funding Years : TBD Project Narrative: The existing 30-inch diameter concrete culvert at this location was damaged in early 2018 and a temporary fix completed in late 2018. This culvert has been identified as a barrier to fish passage. Permits for the temporary repair project requires that the existing culvert is replaced with a structure that meets current fish passage requirements. This project is listed #11315 on the 2019-2024 Six -Year Transportation Improvement Program - Project Status: Design and permitting work to begin in 2019 Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: $0 State $0 Local $250,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Homesteader Rd...-.--+ R- �a11i osquito Lk. ACME -pe 0UTH Foy BLUE MTN.- + 0 360 Whatcom County Public Works Project Narrative North Fork Road/Kenny Creek Fish Passage CRP # Not Assigned Construction Funding Years : TBD Project Narrative: The existing 5-foot diameter corrugated steel culvert which carries Kenny Creek under the North Fork Road has been identified as a barrier to fish passage and, considering habitat to be gained, is considered one of the highest priority barriers within the County road system. Washington State Fish Barrier Removal Board funding has been applied for the design phase of this fish passage project. Results of this funding application are expected in the fall of 2018. Should these funds be obtained preliminary engineering work and an alternative analysis will be initiated in 2019. This project is listed as #B16 on the 2019-2024 Six -Year Transportation Improvement Program. Project Status: Total Estimated Project Cost: TBD Expenditures to Date: $0 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Funding Sources: Federal State Local $0 $0 $300,000 47 B16 Ke",ney Cr. i —WELCOME Whatcom County Public Works Project Narrative Replacement of Whatcom Chief & Terminal Modification CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project includes replacement of the Whatcom Chief with a 34 car vessel and modifications of the existing ferry terminals to accommodate the new vessel. This work will be accomplished as outlined in the Lummi Island Ferry Service Level of Service Action Plan approved by the Whatcom County Council via Resolution 2018-026. This project is listed #F1 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: Design work for the new vessel is expected to begin in 2019. This work will coincide with the next cycle of funding by the County Road Administration Board - Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: $ State $0 Local $650,000 Environmental Permitting None Required Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A MN Whatcom Chief 362 Whatcom County Public Works Pro'ect Narrative 1 Ferry Terminal Painting and Structural Repair Project CRP # 917015 Construction Funding Year(s): 2018 and 2019 Project Narrative: This project includes structural steel repair and painting of the approach spans and towers at both ferry terminals. This project is listed #F2 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: The design, permitting, and construction work on the structural steel repair portion of this project is expected to be completed in 2018. Design and permitting work on the painting portion of this project is underway with construction scheduled in 2019. Funding Sources: Total Estimated Project Cost: $1,200,000 Federal $ Expenditures to Date: $ 550,000 State $ Local $1,200,000 Environmental Permitting HPA, SEPA, CORPS 404, COUNTY SHORELINES Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A tr'Ln Pt. Migley LUMMI NATION 3a. a Smokehouse Rd. yF9Nn 6 ` e V° � � r rn` c 31 ti Lummi Pt. Fern Pt — — -� 39 N Gooseberry . A- ___ ----. _-- Pt. sr'� 38 N nenterview Rd. N �sr Wy. F 2 �e�oe Bay Rd- Village Pt. C7 Legoe Bay The Portage �A sole, PORTAGE ISLA► D Sunrise Rd. I Point Francis 363 Whatcom County Public Works Project Narrative Lummi Island Breakwater Replacement CRP #914015 Construction Funding Years : 2019 Project Narrative: This project includes replacing the southerly breakwater at the Lummi Island ferry terminal. This structure was constructed in the mid 1980's and is reaching the end of its service life. This project is listed #F3 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: —. Design and permitting work expected to be completed in early 2019, with construction of this project scheduled in late 2019. Federal Ferry Boat Program funds have been obtained for this project. Funding Sources: F tal Estimated Project Cost: $1,950,000 Federal Expenditures to Date: $200,000 State Local 1 $1,251,000 (FBP) $ $699,000 Environmental Permitting HPA, SEPA, CORPS 404, COUNTY SHORELINES Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A Pt. Migley �s LUMINI NATION °d Ln. nSmokehouse Rd. +a �G� � fib• Q �D � V Lummi Pt. �$a tl� Fern PL — -------- 39 N Goosebe-- Pt. 38 N N 2enterview Rd. I `C� NTS a;r vvy F3 Say Rd. Village Pt. Leg°B Legoe Bay y9 fiA The Portage I r = Z f t PORTAGE ISLAND Sunrise Rd i ' I Point Francis 364 Whatcom County Public Works Project Narrative Relocation of Gooseberry Terminal CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project involves relocation of the Gooseberry Point Ferry Terminal. This work will be accomplished as outlined in the Lummi Island Ferry Service Level of Service Action Plan approved by the Whatcom County Council via Resolution 2018- 026. This project is listed #F4 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: Early action items will likely include EIS and real estate work County Road Administration Board. Total Estimated Project Cost: TBD Expenditures to Date: $ Environmental Permitting Right -of -Way Acquisition (Estimate) County Forces (Estimate) This work will coincide with the next cycle of funding by the I Funding Sources: Federal $0 State $0 Local $400,000 None Required None Required None Required 365 Whatcom County Public Works Pro'eGt Narrative Various Bridges Rehabilitation / Replacement CRP #918003 Construction Funding Year(s): 2018 Project Narrative: This item provides funding to address unanticipated bridge rehabilitation and/or replacement. It is listed #Y1 on the 2019- 2024 Six Year Transportation Improvement Program. Project Status: Design and construction to occur as necessary. Total Estimated Project Cost: $1,800,000 Expenditures to Date: N/A Funding Sources: Federal State Local $1,800,000 (STIP 2019-2024) I Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this item, no map exists. Council review and prioritization will be sought at the appropriate times. 366 Whatcom County Public Works Project Narrative Right of Way Acquisition CRP # 918004 Construction Funding Year(s): 2018-2023 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 #Y2 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: N/A. — - Funding Sources: Total Estimated Project Cost: $180,000 Federal $0 Expenditures to Date: State $0 Environmental Permitting Right -of -Way Acquisition (Estimate) County Forces (Estimate) Local $180,000 (2019-2024) TBD TBD N/A j Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 367 Whatcom County Public Works Project Narrative Unanticipated Site Improvements CRP # 918005 Construction Funding Year(s): 2018 - 2023 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 #Y3 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: It is anticipated that the design and construction of will occur yearly as the needs and locations are determined. Total Estimated Project Cost: $1,800,000 Expenditures to Date: Funding Sources: Federal $0 State $0 Local $1,800,000 (2019-2024) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD 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. Whatcom County Public Works Project Narrative Stormwater Quality Improvements CRP # 918006 Construction Funding Year(s): 2018 Project Narrative: This project varies in location. Identification and prioritization to be addressed and reviewed through County Council. This project is listed #Y4 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: Design and construction will be completed in 2019/2020. [Total Estimated Project Cost: $345,000 Expenditures to Date: Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Funding Sources: Federal $0 State $0 Local $345,000 (2019-2024) Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 369 Whatcom County Public Works Pmject Narrative Non -motorized Transportation improvements CRP # 918007 Construction Funding Year(s): 2019 - 2024 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 #Y5 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: It is anticipated that the design and construction of projects will occur ,yearly as the needs and locations are determined. ::] Funding Sources: Total Estimated Project Cost: $600,000 Federal $0 �� Expenditures to Date:— State $0 Local $600,000 (2019-2024) Environmental Permitting Right -of -Way Acquisition (Estimate) County Forces (Estimate) TBD TBD TBD Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 370 Whatcom County Public Works Project Narrative Fish Passage Project CRP #912014 Construction Funding Year(s): 2021 Project Narrative: This project is for the design and construction of fish passage projects. This project is listed #Y6 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: Design work will begin in 2020 with construction of the first project scheduled for 2021. Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: N/A State $0 Local $200,000 (2021-2024) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD N/A County Forces (Estimate) Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 371 Whatcom County Public Works Project Narrative Swift Creek Transportation Impacts CRP # 918008 Construction Funding Year(s): TBD Project Narrative: This item addresses the various projects related to Sumas Mountain/Swift Creek Slide. Locations to be determined. This project is #Y7 on the 2019-2024 Six Year Transportation Improvement Program. i Project Status: Design and construction for the various projects will be initiated in 2019 and extend through 2020. Funding Sources: Total Estimated Project Cost: $600,000 Federal $0 Expenditures to Date: State $0 Local $600,000 (2019-2024) 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. 372 Whatcom County Public Works Project Narrative Construction Funding Years : Railroad Crossing Improvements CRP # 918009 2018 - 2023 Project Narrative: Locations to be determined. Identification and prioritization to be addressed. This project is listed #Y8 on the 2019-2024 Six Year Transportation Improvement Program. Project Status: Locations and prioritization of projects is on -going. Negotiations with BNSF will be a factor on timing and cost. [Total Estimated Proje Expenditures to Date ct Cost: $300,000 - 0 - Funding Sources: $0 Federal State $0 Local $300,000 (2019-2024) Environmental Permitting Right -of -Way Acquisition (Estimate) County Forces (Estimate) TBD TBD TBD Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 373 00 0 N 00 N 00 LU V Z Q Q m 0 Z D LL L) H Z LU 2 V H H Q W C O E L+�,, E C O U. V R m R 337 0 rn 00 ro TV] v m '6 V LC O O LL IC Q m O t 4 O O N O It � E!9 M Lq 00 � d9 r- N O M CV 69 r- O O 00 r- 69 M CD N N r- El? 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O O O O O C,O O O O O O O O (y C) O O O O O O O O C)O O O CD O O 0 LL U3 U3 U3 69 U3 E9 E9 U3 U3 U3 63 U3 U3 63 U3 63 U3 63 O O O O O O O C)O O O O O O O O O 0 O C) O O O O O O O O O O O O O O O O H O O O O O O O O O O O CDO O O O O U. O O O O O C) C7 C)O O O O O O O O O O O FA 69 U3 U3 63 63 63 U3 63 E9 69 U3 U3 U3 U3 69 U3 U3 O V MN m r 0) c0 N N N N N N N w y V M Lo CDM M N O) Lo M N Lo Lo M 0 Y N O I:N to V N U? N 7 T V NI: V V V inO o 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 U3 69 U3 69 69 69 U3 U3 6G U3 U3 U3 U3 U3 69 69 U3 ` o V O CD 0,((7 t O O) N m 0 O O W (n M M CO mO M (O 0 co co N N 0 (n (D wO CD CD 9 CO r- r O U7 V O V V O V V V V V V W O 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 O 0 LL LL w 69 f9 69 U3 63 U3 U3 69 0 co 69 U3 69 U3 w 69 60). Y N N M N CD V 0 N (O N O N M CO O V 0 rn0 W co O) V N Cb O � N CD CD m W O E A o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a F = U3 U3 U3 w U3 U3 69 U3 U3 U3 U3 U3 U3 69 U3 U) U3 69 (0 M (n O V V co CO N N O) O O N � CD Lo co y ?X N M I� M c0 00 O N O co M N 'IT O) N lE c0 CO I� fl f` 00 01 O M V V 0 f- 0o O) O N 0 LL M R m co M M M m 'IT 'IT V It V V V 0 CA U3 U3 69 U3 U3 U3 U3 b9 U3 69U3 f9 U3 U3 U3 69 69 69 T tU O (O V N CO (O r- O 00 00 M O O CO 0) CD V N Q. co 0) V r O c0 N N V co 00 O N (n N M CA O O) O N O M r 0) V N N (D QI O) O F V (n Lo M O (O f� Cb O tb O1 O O) N O N 0, ff3 69 U3 U3 H; E9 U3 U3 U3 U3 w (9 w w U3 U3 U3 co O N M (n CO O N N N w O O O O 0 O 0 0 0 0 0 o 0 0 0 N O N O O O 0 d N N N N N N N N N N N N N N N N N N 0 0 L 0 L) 0 0 U m o 0 0 0 0 'o mil (o m w m (a m m m m o c 375 00 O N 00 N OD Cl) W m U H H W 2Z 2 W U a �x a W N C O H Y .E C V �.r L y 7 C a p ) C •O 7 ` O a U a E 3 0 0 LL LL 3 � U d 0) U')W M00 CO W 0) CDO CO � 00 mt` f` N O 00 U') ti ti 0)N O O O O CD CD d) 00 Cl) C0O CM O 0) I� �t O L0 I- O M r N O O M C CO 4 0 N O O 1- Cl) 00 O O N N 0 C0 LO CA m MLO 0 a a3 � 00 V I- M Cl) CO 00 I- 0 O 0 O00 O) (Am 'T M 00 m O 00 't � 'IT to CD � N O _ ad C O 0 ti It O L0 It M 0) co O � O � O 0 O p 0 a. U 00 C0 00 'It N CM � 0)M Cfl O CD O O 00 N r 69 69 69 6s 69 69 69 69 69 w CA 69 E9 69 69 ff3 o U o) O co LP) n 0) "t I- N N C N O V N O M O M M N M N M O 0 V '�t CO N C 0) 00 N I� O Cn N CO C0 r NCR O �t O O CM O p O [- Z CD 00 r- 00 n t 00 O N N N M M M V* U N N N N N N N N N N N 69 69 6c) 69 69 C0 69 69 6969 69 w 69 6969 69 69 69 r O M �_ N _ N O O o O O O O [,n d N O [l) O0 00 O O CN N N O O O O OO OOff O OL w N COM O CO •-- M O O O O O 0r0 O O O O O N O O O O O O O O O O O O O 0 ip O •r 69 69 K3 w w 69 69 609 6, Efl Cfl 69 69 69 69 w 64 69 Yr. 0) 'IT0) O I- r- N ti LO N M I- N 00 M 0) E E O co N M I.- co CO 0 00 O N V LO p •0) M M U? v U? U� U? M U? U� [O U? CD O CO CD O O O O O O O O O O O O O O O O O O 69 ea 69 Efl 69 69 CA 69 69 69� 69 69 w 64 69 b9 EA 69 aiS'r p' 0 CO N M CON M N ID CO O N O m 00 00 O N �y C) Cn O LO M M I- M CO O qt r- 0 O v 00 C ; M M M CV M N M In C0 [0 CD Cfl l t` [� O W ` 01 69 69 EA EJ9 Cfl ffi Efl fA ffl 69 EA 69 69 Efi fA 69 Ef3 fA O [y 0 U) 0) N_ � O 00 O O O O O m V [O I- r- 00 M 00 N _ N 't M ti C0 O 00 M CD O [� � C C W O) N O 00 O N O O N N N C' Cl?M lt� .r 6699 � 69 64 w !A to Ei? 669 EA (;; !f3 to 69 <A 59 r C_ 0) CD 0) N 0) � 00 L0 O O CD N 0) r- CD if) U) N M CO CD C'M CO CD O I� M [O 00 O M CD O N amp C O 00 I� 0) O d7 00 00 d1 O O O O N o W 0 0 0 0 0 0 0 0 0 r a 69 69 64 fA 69 69 69 E!> ug) E9 69 69 w PA 69 69 H9 fA C +' C) M I- I- N 00 CO N M 00 I�- M [O O CD 0 co m •E M L0 'IT r- W M I- LO M n CD 'It C0 M CO N I� 00 0) Q t N M h C0 M 0) CM N Cl? V- a N N N N N N N N M M M M M M M M M Q oa ffl w CA 69 69 L9 H9 EA Pfi (19 w U9 69 69 V) 69 69 69 O W C O O M (D 0) O 00 CO O CO CO [O O LO '0 Cl) O 0 Itt Cl) 0) Cn r M O N M M LC) cc [0 O [0 0 [0 O N O w E c c a 00 M O o O 0 M 0 O o OR 0 0 N 0 O 06 [O [O 0 0 0 0 0 0 0 r Q 69 69 69 w CA 69 69 69 69 69 Y) 69 69 69 69 69 69 }% o 0 0 0 0 0 0 0 0 0 0 0 0 o O 0 0 0 cQ, o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 C7 0 0 0 0 0 0 O 0 0 O 0 0 0 0 0 0 69 CO w 69 69 Efl ffi 69 CR 69 w L9 69 fR 0 69 69 69 O 07 p a N N N O '�t M 0 O O O CO N M [O N O CO r p 0) CO Co a1 t N O 00 N C0 [O r 00 y Co r N N N N N r N N N N N N N N N O CD 0 O O O O O O O O O CD O O O Z 69 69 69 E113 69 69 69 Cfl en 69 69 69 69 Cfl 69 69 &�, 69 O I� n O LO O CO N- 0) [O 00 Cn [0 O [0 O U)O O 06 I- r - 0) � C0 O O O O M to [O O It Cl? CO C0 I- r M t` CO q N O N V 'It � co N M M O r w 69 69 U) Efl 69 69 w H) 69 w Cfl 69 69 fA Efl d9 69 I- 00 O O N M d' [O O 00 A O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N } U U U U U U U U U U U in O O O ` O O O m C6 m m m m 0) m m 03 m 0) p, 376 Attachment "D" 2018 Rating Road Name 31 North Shore Road 32 Lake Louise Road 32 Marine Drive 34 Lake Louise Road 34 Lake Louise Road 34 Lake Whatcom Boulevard 34 Marine Drive 36 Bennett Drive 39 Vista Drive 39 Yew Street Road 40 Beach Way 40 Haxton Way 40 South Pass Road 41 Bay Road 41 Cedarville Road 41 Hovander Road 41 Nugent Road 41 South Pass Road 42 Bay Road 42 Birch Bay Drive 42 Cain Lake Road 42 Ferndale Road 42 Ferndale Road 42 Goodman Road 42 Jackson Road 42 Lake Whatcom Boulevard 42 Marine Drive 42 Rural Avenue 42 Silver Lake Road 42 Wiser Lake Road (E) 43 Mountain View Road 43 North Telegraph Road 43 Van Wyck Road 44 Bakerview Road (W) 44 Ferndale Road 44 H Street Road 44 Harborview Road 44 Marine Dr/Lummi Shore Dr 44 Mountain View Road 44 North Telegraph Road 44 Portal Way 44 Portal Way 44 Vista Drive 45 Airport Drive 45 Axton Road (E) 45 Drayton Harbor Road 2018 Whatcom County Priority Rating Program From Bellingham C/L Gate 13 (SV) Wynn Road Lake Whatcom Boulevard Gate 5 (SV) UAB Bridge #5 Airport Drive Grandview Road Spring Valley Dr (private) Slater Road Kwina Road North Pass Road Blaine Road Goshen Road Smith Road (W) Ferry Dock Goodwin Road Kickerville Road Alderson Road NE Cain Lk Rd Slater Road Ulrich Road Johnson Road Birch Bay Drive Lake Louise Road Old Marine Drive Curtis Road SR 542 SR 539 Olson Road Sorenson Road Hannegan Road Bellingham C/L Marine Drive Axling Road Lincoln Road Kwina Road Lake Terrell Road Badger Road (E) Birch Bay Lynden Road Hall Road Ferndale C/L Alderwood Avenue SR 539 Blaine C/L Rating: 0 (worst) to 100 (best) Incorporates; road geometrics, surface condition, ride, drainage, traffic volumes, traffic types, accident history UC - Under construction To Length FFC Y Road 2.87 16 Austin Street 1.97 16 Old Marine Drive 0.44 16 Gate 5 (SV) 0.50 16 Gate 13 (SV) 1.59 16 South Bay Drive 1.95 7 Rural Avenue 1.16 7 Bakerview Road (W) 0.26 17 Bay Road 1.61 7 Samish Way 0.71 17 Sucia Drive 0.36 8 Slater Road 1.82 7 Frost Road 4.16 7 Kickerville Road 0.98 7 SR 542 1.39 8 Ferndale C/L 0.29 16 West Shore Drive 2.49 8 North Pass Road 1.74 7 Bruce Road 2.76 7 Harborview Road 1.14 17 Lake Whatcom Boulevard 0.37 7 Ulrich Road 1.05 7 Ferndale C/L 0.38 16 Meadow Lane 0.25 8 UAB 0.92 18 UAB 0.93 17 McAlpine Rd 0.73 16 Ferndale C/L 0.58 17 Rock Quarry 3.22 8 Hannegan Road 2.12 18 Ferndale C/L 0.77 16 Badger Road (E) 2.19 8 SR 542 2.15 7 Bennett Drive 0.33 17 Slater Road 1.89 7 Sunrise Road 3.78 7 Drayton Harbor Road 0.47 17 Bridge #5 0.41 7 Olson Road 2.00 7 SR 547 1.88 8 Hall Road 3.32 7 Blaine C/L 0.41 17 Grandview Road 1.67 17 Airport Way 0.46 16 Hannegan Road 1.97 7 Harborview Road 1.16 18 Federal Functional Classification FFC _ 7 & 8 - Rural collectors 14, 16, 17 & 18 - Urban arterials/collectors PAU of 6 2018 Whatcom County Priority Rating Program 2018 Rating Road Name From To Length FFC 45 Drayton Harbor Road Harborview Road Blaine Road 0.90 17 45 H Street Road Sunrise Road Blaine C/L 2.72 7 45 Marine Dr / Edwards Dr Gulf Road Marina Drive 1.27 8 45 Silver Lake Road Rock Quarry South Pass Road 2.67 8 45 Smith Road (W) Hovander Road Ferndale C/L 0.17 16 46 Alderwood Avenue Marine Drive Airport Drive 0.34 16 46 Birch Bay Drive Shintaffer Road Birch Point Road 0.66 17 46 Cain Lake Road Skagit County Line NE Cain Lk Rd 1.80 7 46 Grandview Road Point Whitehorn Way Jackson Road 0.98 7 46 Lake Whatcom Boulevard Seaplane Road Lake Louise Road 1.39 17 46 Lummi View Drive Gooseberry Spur Mackenzie Rd / Haxton Wy 0.44 7 46 Maplewood Avenue (W) Bellingham C/L Bakerview Road (W) 0.26 14 46 Slater Road Beach Way Lake Terrell Road 1.09 8 46 West Shore Drive Legoe Bay Road Nugent Road 2.31 8 46 Wiser Lake Road (W) Northwest Drive Old Guide Road 2.18 8 47 APA Road Tyee Drive Boundary Bay Road 1.50 8 47 Benson Road Teller Road Boundary Bay Road 1.75 8 47 Curtis Road Country Lane Rural Avenue 1.50 17 47 Fazon Road Goshen Road Hemmi Road (E) 0.77 8 47 Goshen Road Fazon Road Cedarville Road 1.23 8 47 H Street Road SR 539 Axling Road 1.24 7 47 Lake Samish Drive (W) Nulle Road Summerland Road 1.73 8 47 Lake Whatcom Boulevard Cable Street Strawberry Point Road 1.50 17 47 Marine Drive Gulf Road Roosevelt Road 1.27 8 47 Northwest Drive Pole Road (W) Ritter Road 0.84 8 47 Nugent Road Sunrise Road Granger Road 1.33 8 47 South Bay Drive Lake Whatcom Boulevard Brannigan Creek 2.77 8 48 Badger Road (W) Sunrise Road Markworth Road 2.01 7 48 Goodwin Road Sorenson Road South Pass Road 1.00 8 48 Halverstick Road Crape Road Garrison Road 1.00 8 48 Johnson Road Tyee Drive Boundary Bay Road 1.51 8 48 Laurel Road (E) SR 539 Hannegan Road 1.97 8 48 Laurel Road (W) Northwest Drive Aldrich Road 0.99 17 48 Mosquito Lake Road North Fork Road SR 542 0.95 8 48 Shintaffer Road Lincoln Road Birch Bay Drive 0.60 17 48 Slater Road Lake Terrell Road Haxton Way 2.50 7 48 Slater Road Ferndale Road Ferndale C/L 1.40 7 48 South Bay Drive Brannigan Creek Park Road 0.94 8 48 Van Buren Road MP 3.34 Halverstick Road 1.41 8 49 Alderwood Avenue Airport Drive Bellingham C/L 0.71 17 49 Bancroft Road Marine Drive Country Lane 0.59 16 49 Boundary Bay Road APA Road Johnson Road 1.00 8 49 Country Lane Rural Avenue Bancroft Road 0.82 16 49 Goodwin Road South Pass Road Hopewell Road 2.54 8 49 Halverstick Road Northwood Road Van Buren Road 3.54 8 49 Halverstick Road Van Buren Road Crape Road 1.02 8 Rat inq: 0 (worst) to 100 (best) Federal Functional ClassificatipnAFFC)� Incorporates; road geometrics, surface condition, ride, 7 & 8 - Rural collectors drainage, traffic volumes, traffic types, accident history 14, 16, 17 & 18 - Urban arterials/collectors UC - Under construction 378 Page 2 of 6 2018 Whatcom County Priority Rating Program 2018 Rating Road Name From To Length FFC 49 Haxton Way Mackenzie Road Balch Road 0.94 7 49 Jackson Road UAB Grandview Road 0.51 8 49 Lake Whatcom Boulevard Strawberry Point Road Seaplane Road 1.53 17 49 Lummi Shore Drive Kwina Road Haxton Way 1.08 8 49 Marine Drive Bancroft Road Wynn Road 0.20 16 49 Northwood Road SR 546 Halverstick Road 2.01 8 49 Olson Road Aldergrove Road Mountain View Road 1.99 8 50 Birch Bay Lynden Road UAB Portal Way 2.41 7 50 Grandview Road Ferndale C/L UAB 0.40 17 50 Hopewell Road Siper Road Goodwin Road 0.23 8 50 Lake Samish Drive (N) Lake Samish Drive (E) Old Samish Road 0.87 8 50 Lake Samish Drive (W) Summerland Road Lake Samish Drive (N) 0.87 8 50 Laurel Road (W) Aldrich Road SR 539 1.51 8 50 Lummi Shore Drive Cagey Road Marine Drive 2.76 8 50 Lummi View Drive Lummi Shore Road Goosebery spur 1.69 8 50 Mosquito Lake Road Hutchinson Creek Middle Fork Bridge 3.89 8 50 Mosquito Lake Road Middle Fork Bridge Township Line 2.75 8 50 Mosquito Lake Road Township Line North Fork Road 1.94 8 50 Northwood Road Hampton Road Lynden C/L 0.75 8 50 Rainbow Road Mountain View Road Kickerville Road 1.20 7 50 Smith Road (E) Mission Road SR 542 2.24 7 50 South Pass Road Frost Road SR 547 1.24 7 50 Van Buren Road Hampton Road Lindsay Road 0.55 7 50 Van Dyk Road Theil Road Everson Goshen Road 2.62 8 50 Wiser Lake Road (W) Old Guide Road SR 539 0.50 18 51 Airport Drive Airport Way Bennett Drive 0.30 16 51 Badger Road (E) Garrison Road North Telegraph Road 0.33 8 51 Birch Bay Drive State Park (north gate) Alderson Road 1.18 17 51 Birch Bay Drive Harborview Road Shintaffer Road 0.95 17 51 Haxton Way Balch Road Kwina Road 3.28 7 51 Kickerville Road Bay Road Birch Bay Lynden Road 2.02 8 51 Lake Samish Drive (N) Lake Samish Drive (W) Lake Samish Drive (E) 0.93 8 51 Lincoln Road Blaine C/L 0.05 m. west of Shintaffer Rd 0.39 17 51 Northwest Drive Smith Road (W) Paradise Road 1.76 16 51 Olson Road Vista Drive Aldergrove Road 1.90 8 51 Pacific Highway Bellingham C/L Slater Road 1.34 17 51 Pole Road (W) Old Guide Rd SR 539 0.51 17 51 Samish Way Old Samish Road Galbraith Lane 1.51 8 51 Samish Way Galbraith Lane Bellingham C/L 1.52 17 51 Smith Road (E) Noon Road Mission Road 2.01 7 51 Tyee Drive APA Road Benson Road 0.50 7 51 Van Dyk Road Hannegan Road Theil Road 0.98 8 51 Weidkamp Road Badger Road (W) H Street Road 1.96 8 52 Birch Bay Lynden Road Enterprise Road (N) Rathbone Road 2.03 7 52 Hemmi Road (E) Everson Goshen Road Mission Road 1.00 8 52 Meadow Lane Goodman Road Roosevelt Road 0.26 8 Rating 0 (worst) to 100 (best) Federal Functional Classification [FFQ: Incorporates; road geometrics, surface condition, ride, 7 & 8 - Rural collectors drainage, traffic volumes, traffic types, accident history 14, 16, 17 & 18 - Urban arterials/collectors UC - Under construction PageQ of 6 2018 2018 Rating Road Name 52 Mosquito Lake Road 52 Siper Road 52 Slater Road 52 Sunrise Road 53 Birch Bay Lynden Road 53 Birch Bay Lynden Road 53 Birch Point Road 53 Cedarwood Avenue 53 Custer School Road 53 Everson Goshen Road 53 Grandview Road 53 Hemmi Road (E) 53 Legoe Bay Road 53 Loomis Trail Road 53 Loomis Trail Road 53 Lummi Shore Road 53 Mosquito Lake Road 53 Mountain View Road 53 Northwest Drive 53 Nulle Road 53 Slater Road 53 Sucia Drive 53 Y Road 54 Birch Bay Lynden Road 54 Breckenridge Road 54 Everson Goshen Road 54 Everson Goshen Road 54 Harksell Road 54 Lakeway Drive 54 Loomis Trail Road 54 Lummi Shore Road 54 Northwest Drive 54 Old Samish Road 54 Point Whitehorn Road 54 Portal Way 54 Portal Way 54 Rock Road 54 Semiahmoo Drive 54 South Pass Road 54 Van Buren Road 55 Alderson Road 55 Bennett Drive 55 Berthusen Road 55 Birch Bay Drive 55 Birch Bay Lynden Road 55 Enterprise Road (N) Whatcom County Priority Rating Program From Dike Road DNR MP 0.81 Haxton Way Badger Road (W) Delta Line Road Rathbone Road Semiahmoo Drive Bennett Drive Creasy Road Smith Road (E) UAB Hannegan Road Nugent Road Bob Hall Road Bertrand Creek Bridge #30 Lummi View Drive SR 9 Rainbow Road Bellingham C/L Lake Samish Drive (W) Ferndale C/L BMP North Shore Road Berthusen Road Nooksack C/L SR 542 Hemmi Road (E) Enterprise Road Bellingham C/L Blaine Road Smokehouse Road Paradise Road Lake Samish Drive (N) Grandview Road Ferndale C/L Faris Road Sumas Road Elderberry Lane Nooksack C/L Lindsay Road Birch Bay Drive Marine Drive Loomis Trail Road Point Whitehorn Way Harborview Road Harksell Road Rating: 0 (worst) to 100 (best) Incorporates; road geometrics, surface condition, ride, drainage, traffic volumes, traffic types, accident history UC - Under construction To Length FFC Hutchinson Creek 3.17 8 Hopewell Road 0.99 8 Imhof Road 0.98 7 H Street Road 2.02 8 Enterprise Road (N) 1.90 7 Berthusen Road 1.01 7 Birch Bay Village Entrance 1.58 17 Bellingham C/L 0.10 17 Birch Bay Lynden Road 0.50 8 Hemmi Road (E) 2.01 7 Dahlberg Road 0.33 7 Everson Goshen Road 3.05 8 West Shore Drive 1.67 8 Bertrand Creek Bridge #30 1.43 8 Berthusen Road 0.62 18 Smokehouse Road 2.38 8 Dike Road DNR 1.68 8 Lake Terrell Road 0.50 7 Smith Road (W) 2.54 16 1-5 0.62 8 Northwest Drive 1.03 16 Beach Way 1.87 8 Jensen Road 1.87 8 Lynden C/L 0.52 16 Sorenson Road 1.12 8 Smith Road (E) 1.99 7 Pole Road (E) 2.08 7 Enterprise Road (N) 0.38 7 Terrace Avenue (N) 0.63 16 Portal Way 1.75 8 Cagey Road 1.01 8 Pole Road (W) 2.00 7 Bellingham C/L 3.20 8 Birch Bay Drive 0.57 17 Faris Road 1.16 16 Birch Bay Lynden Road 2.85 7 Nims Road 2.90 8 Blaine C/L 0.96 17 Goodwin Road 1.23 7 SR 546 1.00 7 Blaine Road 0.85 18 Airport Drive 1.23 17 West Main Street 0.26 18 State Park (north gate) 0.76 17 UAB 1.25 17 Birch Bay Lynden Road 2.00 7 Federal Functional Classification (FFC): 7 & 8 - Rural collectors 14, 16, 17 & 18 - Urban arterials/collectors Page 4 of 6 2018 Whatcom County Priority Rating Program 2018 Rating Road Name From To Length FFC 55 Gooseberry Spur Lummi view Drive Ferry Dock 0.05 7 55 Hampton Road UAB Northwood Road 1.66 7 55 Hampton Road Northwood Road Van Buren Road 2.99 7 55 Hannegan Road Bellingham C/L Smith Road E 2.27 7 55 Harborview Road Birch Bay Drive Lincoln Road 1.17 17 55 Kickerville Road Rainbow Road Grandview Road 2.01 7 55 Lake Terrell Road Slater Road Mountain View Road 2.00 7 55 Main Street Bruce Road Custer School Road 0.24 8 55 Marina Drive Edwards Drive APA Road 0.56 8 55 Marine Drive Bennett Drive Bellingham C/L 0.29 16 55 Siper Road SR 9 MP 0.81 0.81 8 55 South Pass Road SR 547 Silver Lake Road 4.99 8 55 Sunrise Road Nugent Road Seacrest Drive 0.75 8 55 Y Road Jensen Road SR 542 2.55 8 56 Birch Bay Lynden Road MP 4.20 Delta Line Road 1.82 7 56 Birch Point Road Birch Bay Village Entrance Birch Bay Drive 0.40 17 56 Cottonwood Avenue Bennett Drive Bellingham C/L 0.09 17 56 Hannegan Road Smith Road (E) Hemmi Road (E) 2.07 7 56 Hemmi Road (E) SR 539 Hannegan Road 1.97 8 56 Roosevelt Road Tyee Drive Meadow Lane 1.37 8 56 Seacrest Drive Sunrise Road Scenic Estates 1.21 8 56 Smith Road (E) SR 539 Hannegan Road 1.96 7 56 Valleyview Road Birch Bay Lynden Road Haynie Road 2.45 8 56 Van Buren Road Everson C/L Hampton Road 1.09 7 56 Weidkamp Road Loomis Trail Road Badger Road (W) 1.02 8 57 Austin Street Lake Louise Road Cable Street 0.37 16 57 Britton Road SR 542 Bellingham C/L 1.48 16 57 Cable Street Terrace Avenue (N) Lake Whatcom Boulevard 0.51 16 57 Custer School Road Main Street Creasy Road 0.77 8 57 Van Wyck Road BMP Hannegan Road 0.40 7 58 Axton Road (W) Ferndale C/L Northwest Drive 0.86 16 58 Baker Lake Road Skagit County Line MP 3.93 3.93 7 58 Lindsay Road Van Buren Road Van Buren Road 0.31 7 58 Marine Drive McAlpine Rd Bennett Drive 0.62 16 58 Pole Road (W) Northwest Drive Old Guide Rd 2.22 7 58 Roosevelt Road Marine Drive Tyee Drive 0.93 8 59 Bruce Road Bay Road Main Street 0.74 8 59 Gulf Road Marine Drive Tyee Drive 0.65 7 59 Park Road South Bay Drive SR 9 2.78 8 59 Sorenson Road Breckenridge Road North Telegraph Road 0.47 8 59 Terrace Avenue (N) Lakeway Drive Cable Street 0.16 16 59 Van Buren Road SR 546 MP 3.34 0.63 8 60 Smith Road (W) Ferndale C/L Northwest Drive 0.57 16 60 Tyee Drive Benson Road Roosevelt Road 0.95 7 60 Yew Street Road Spring Valley Dr (private) Tacoma Av (private) 0.28 17 61 Axton Road (W) Northwest Drive UAB 0.25 16 Rating: 0 (worst) to 100 (best) Federal Functional Classification JFFC): Incorporates; road geometrics, surface condition, ride, 7 & 8 - Rural collectors drainage, traffic volumes, traffic types, accident history 14, 16, 17 & 18 - Urban arterials/collectors UC - Under construction 2018 Whatcom County Priority Rating Program 2018 Rating Road Name From To Length FFC 61 Kickerville Road Grandview Road Bay Road 1.00 7 61 Nugent Road Granger Road Ferry Dock 0.19 8 62 Birch Bay Lynden Road Portal Way MP 4.20 0.54 7 62 Enterprise Road Ferndale C/L Harksell Road 1.79 17 62 Grandview Road Jackson Road Blaine Road 1.02 7 62 Hampton Road Lynden C/L UAB 0.04 17 62 Kickerville Road Birch Bay Lynden Road Loomis Trail Road 1.00 8 62 Kwina Road Haxton Way Lummi Shore Road 0.96 7 62 Nulle Road 1-5 Skagit County Line 0.59 7 62 Smith Road (E) Hannegan Road Noon Road 2.02 7 62 Smith Road (W) Waschke Road SR 539 2.00 7 62 Stadsvold Road Haynie Road Sweet Road 0.52 7 62 Sweet Road Blaine C/L Stadsvold Road 1.44 7 62 Yew Street Road Bellingham C/L Spring Valley Dr (private) 1.06 17 63 Axton Road (W) UAB SR 539 2.25 7 63 Bakerview Road (W) Bennett Drive Bellingham C/L 0.26 16 63 Bender Road Boundary Road (E) Visser Road 0.37 8 63 Boundary Road (E) SR 539 Benson Road 0.96 8 63 Enterprise Road (N) Birch Bay Lynden Road Loomis Trail Road 1.01 8 63 Haynie Road Valleyview Road Delta Line Road 2.01 7 63 Northwood Road Halverstick Road Boundary Road (E) 0.62 8 64 Benson Road Visser Road Boundary Road (E) 0.36 8 64 Boundary Road (E) Bender Road Northwood Road 1.49 8 64 Delta Line Road Badger Road (W) Haynie Road 0.48 7 64 Haynie Road Stadsvold Road Valleyview Road 1.24 7 64 Semiahmoo Drive Birch Point Road Elderberry Lane 1.49 17 64 Smith Road (W) Northwest Drive Waschke Road 0.50 17 65 Hannegan Road UAB Nooksack Bridge #252 2.88 7 66 Hannegan Road Nooksack Bridge #252 Lynden C/L 0.43 17 66 Slater Road Imhof Road Ferndale Road 0.49 7 67 Badger Road (W) Delta Line Road Sunrise Road 0.86 7 67 Badger Road (W) Markworth Road SR 539 3.05 7 67 Hannegan Road Hemmi Road (E) Beard Rd 1.51 7 67 Hannegan Road Beard Rd UAB 0.71 17 67 Lincoln Road 0.05 m. west of Shintaffer Rd Harborview Road 0.79 17 67 Loomis Trail Road Sunrise Road Bob Hall Road 2.00 8 69 Country Lane Bancroft Road Curtis Road 0.07 17 69 Visser Road Bender Road Benson Road 1.00 8 74 Sunrise Road Birch Bay Lynden Road Badger Road (W) 2.01 8 Ratinq: 0 (worst) to 100 (best) Incorporates; road geometrics, surface condition, ride, drainage, traffic volumes, traffic types, accident history UC - Under construction Total miles = 358.28 Federal Functional Classification (FFC) 7 & 8 - Rural collectors 14, 16, 17 & 18 - Urban arterials/collectors 382 Page 6 of 6 Attachment E e- ��}Y- i.• �_y. - J' v- tar r � . f� __- Y � "a � � `-�. - -- -• - H� .- ~• Tom. ti� 2017 Annual Bridge Report GCM CC Prepared by the Whatcom County Public A Works Bridge and Hydraulic Group '° 2 Submitted September 2018 Whatcom County 2017 Bridge Report Submitted: September 2018 This bridge report is prepared by Whatcom County Public Works Bridge and Hydraulic Division under the direction of the County Engineer each year to fulfill requirements of the Washington Administrative Code (WAC) 136-20-060. This WAC requires the County Engineer's report of bridge inspections as follows: "Each county engineer shall furnish the county legislative authority with a written report of the findings of the bridge inspection effort. This report shall be made available to said authority and shall be consulted during the preparation of the proposed six year transportation program revision. The report shall include the county engineer's recommendations as to replacement, repair or load restriction for each deficient bridge. The resolution of adoption of the six -year transportation program shall include assurances to the effect that the county engineer's report with respect to deficient bridges was available to said authority during the preparation of the program. It is highly recommended that deficient short span bridges, drainage structures, and large culverts be included in said report. ". Prepared by: A-", lon Bridge Inspection Team Leader Reviewed by: 1ame11' E. Lee, P.E. Engineering Manager — Bridge & Hydraulics Approved by: ;O19p6 P. Rutan .E. ounty Engineer/Assistant Director Cover Photo: Slater Road Bridge No.10 spanning over Jordan Creek. This 142-feet precast, pre -stressed, single span bridge was constructed in 2017 and went into service in November of 2017. This bridge replaced a failing 10-feet wide by 7-feet tall steel arch culvert which had been identified as a barrier to fish passage. Construction of the new bridge included reconstruction of Jordan Creek through the project site which provides for full fish passage. Page 2 of 35 MOU Table of Contents V0AC130-2U-00Oand signature page .......................... ........................... ............... ................... .-..._—...2 Table nfContents ..................... ------................ ......... ----.......... ............................ ------'3 Acronyms..... ............ .................................. _.............................. ........ ........ ..-~........ .... . WhatcomCounty Bridge Location Map ............... .............. ........................... _-.............. ............... ........... -5 ExecutiveSummary ..................................................................................... _....... ... ............................ .......... o Bridge Inventory Summary ... ......................................... .................... ........ .......... ........... -_................... ;/ Bridge Inspection and Findings ..................................... ................ ..... ................... ................................... 9 Load, Height and Width Restricted Bridges ....................................... ................. ................. .-_'_-~-,.-11 Bridge Replacement and Rehabilitation PlanforOoficion Bridges .............. -... .......... ........... .................. ............ 12 Maintenance and Repair Activities ........................ .......................................................... ...................................... 18 Glossary ofBridge Terms .......................... ............... ....... ----.—...................................... .................... 8 Appendix A-WhubmmCounty Bridge Inventory ........ .......... ..._........................... .................. ....................... -22 Page 3 of 35 385 Acronyms The following is a list of common acronyms widely used in the bridge inspection field: ADT Daily Traffic _Average IBRAC Bride Replacement Advisory Committee IFHWA Federal Highway Administration IFO Functionally Obsolete IHBRRP Highway Bride Replacement and Rehabilitation Program INBIS (National Bdd a Inspection Standards SD 'Structurally Deficient SID Structure Identification Number SR Sufficiency Rating IUBIT I iUnderBride Inspection Truck WAC Washington Administrative Code WSDOT 'Washington State Department of Transportation Page 4 of 35 Whatcom County Bridge Location Map . r 7 ....r ■— wr JR r'► ..- r =carer �., nFrranx tie�cr c.�.�n•; a�!N�:n.r x+ocn RarCh.+�a�c' 'Jr .:err, �[�' u �Pcx v�71'^:r�pCr! . Page 5 of 35 387 Executive Summary This report has been completed in compliance with WAC 136-20-060, which requires that each County Engineer furnish a written resume of the county's bridge inspection efforts to the county legislative authority. It is also the intention of this report that information presented here be incorporated into a comprehensive program strategy to preserve the county's roadways. This report summarizes the status of the Whatcom County Bridge Program for calendar year 2017. Whatcom County's bridge inventory is vital in connecting the nearly 974 miles of County roads and providing for the safe and efficient movement of people and freight. Specifically, bridges on key transportation and freight corridors are monitored closely to prevent bridges on these routes from becoming restricted. One of the key overall Bridge Program goals is to replace or rehabilitate bridges that are considered structurally deficient (SD) per the National Bridge Inspection Standards (NBIS). At the end of 2017 Whatcom County had a total of 162 bridges in the overall inventory and 13 of these bridges were designated as SD. Of those 13 bridges 5 were actively worked on in 2017 for future replacement or rehabilitation. For a comprehensive list of the SD bridges please see Exhibit C. As recommended in WAC 136-20-060 Whatcom County also inspects large culverts, defined as culverts with a diameter of 5' or larger. Bridge Program staff inspected 152 of these structures in 2016 and 2017 which are listed in Appendix B. 2017 Bridge Program Highlights • Whatcom County bridge inventory consists of 162 structures. • A total of 90 Whatcom County bridge condition inspections were completed ■ Whatcom County provided bridge inspection services for 72 structures owned by outside local agencies ■ A total of 46 bridge repair and maintenance work orders were completed by the Maintenance & Operations Bridge Crew. ■ A new bridge was constructed on Slater Road over Jordan Creek, replacing a failing steel arch culvert that had been identified as a barrier to fish passage. • The existing bridge over Swift Creek at Oat Coles Road was replaced with an elevated one -lane bridge which provides increased clearance over the Swift Creek channel to assist in maintaining vehicular access at this location. • A Type, Size & Location Study was completed for the replacement of the existing North Lake Samish Bridge No. 107. This process included 3 public meetings with the Lake Samish community. Detailed design will begin in 2018 on the preferred alternative and future funding will be pursued for the construction phase of this project. Page 6 of 35 No Bridge Inventory Summary Of the 162 structures in the Whatcom County inventory 5 are of timber construction, 101 are of concrete construction, 6 are predominately steel (all of which are fracture critical) and the remainder are a combination of these materials. See Appendix A for a complete list of Whatcom County Bridges. W. Badger Road/Bertrand Creek Bridge No. 50 is typical of our channel beam girders supported by timber piles and caps Lummi Island Ferry Terminals The Gooseberry Point and Lummi Island Ferry Terminal structures are considered bridge structures and are inspected and maintained just like other bridges in the inventory. These consist of a steel transfer span and a timber approach span at the Gooseberry Point terminal and a steel transfer span and a reinforced concreted girder approach span at the Lummi Island terminal. Page 7 of 35 i• Gooseberry Point Terminal Short Span Bridges The National Bridge Inspection Standards do not require short span bridges (span length of 20 feet or less) be reported to FHWA. Out of the 162 bridges in the Whatcom County inventory, 24 of these bridges are classified as short span bridges. Even though the inspection reports and bridge information for short span bridges are not reported to WSDOT or FHWA, Whatcom County inspects and operates these bridges the same as the larger, federally reported bridges in our inventory. Outside Local Agency Bridges The Whatcom County Bridge and Hydraulics program provides inspection services to local agencies upon request. The county works with cities under inter -local agreements (ILA), with conditions set forth in the Revised Code of Washington (RCW) Chapter 39.34. The county's services are provided primarily to local agencies that lack expertise and resources to inspect and maintain their bridge inventory. In addition, the Whatcom County Public Works Road Maintenance Division contracts with local agencies for the maintenance of other local agency bridges. In 2017 the county provided inspection services on 72 structures for outside local agencies. Local Agency Number of bridges inspected in 2017 _! City of Everson �ity of Bellingham Parks City of Bellingham i City of Lynden City of Sumas San Juan County Port of Bellingham 15 41 11 2 1 1 (ferry terminal) Summary of outside local agency bridges inspected in 2017 Page 8 of 35 390 Oversize/Overweight Load Permits There were 173 oversize/overweight permits issued in 2017 and of those 38 involved routes over county owned bridges. Bridge program staff reviews these applications to ensure that these oversize/overweight loads can cross these bridges without causing any harm to the structure. Height restriction sign posted on the Slater Road/Nooksack River Bridge No. 512 Bridge Inspections and Findings Bridge inspections are performed in accordance with the National Bridge Inspection Standards (NBIS) in conformance with 23 CFR 650.3. The standards mandate that all public agencies with a bridge inventory inspect and report the findings at a minimum of once every two years (routine inspection). Special inspections are required for bridges that cannot be given close or adequate inspection from the ground. For these bridges an Under -Bridge Inspection Truck (UBIT) is required. Steel bridges with fracture critical members may also require special inspections with special inspection equipment. A third category of special inspections are the Under Water Inspections which are required every five years for bridges with piers that extend below ordinary low-water levels. During bridge inspections, the current condition of each bridge element is noted. The deficiencies are coded to NBIS standards and show the degree of deterioration in various elements, the three primary elements being: • Deck, • Superstructure, and • Substructure. As deterioration accelerates, the coding values drop and work orders for repairs are issued. In the case where the coding factors are extremely low, recommendations are made for repair, replacement or rehabilitation. Bridges with identified deficiencies may be inspected or monitored at more frequent intervals. Page 9 of 35 391 The results of our inspection program are forwarded to the Washington State Department of Transportation (WSDOT) for review. Once the report has been accepted by WSDOT it is made available to the Federal Highway Administration (FHWA). The NBIS utilizes information from the latest bridge inspection to determine the Sufficiency Rating (SR) which is a calculated rating based on information from the most recent bridge inspection. The SR is a number from 0 to 100 with 100 being an entirely sufficient bridge, and 0 being an entirely insufficient or deficient bridge. Items that factor into the determination of the SR include: load bearing capacity, average daily traffic, availability and length of detour, the geometry of the bridge and the risk of scour on bridge foundations at waterway crossings. Whatcom County owns 7 bridges located on designated truck freight routes with a T-2 classification (there are no T-1 routes currently designated in Whatcom County). T-2 freight routes are defined as carrying 4 million to 10 million annual gross tonnage and serve as vital transportation corridors in Whatcom County. The T-2 freight routes with bridges on them include the following County roads; Birch Bay Lynden Road, Hannegan Road and Slater Road. Of the 7 bridges on these roads none are restricted. See Exhibit A for our master list of special inspections and details on inspection frequencies and schedules for all of our UBIT and underwater bridge inspections. Photo of a typical UBIT Page 10 of 35 392 Exhibit "A" - Master List of Special Inspection and Equipment Needs Most Recent Most Recent UBIT Bridge # Bridge Name Fracture Critical Underwater Frequency Inspection Date Inspection Date 3 MARIETTA 107 NORTH LAKE SAMISH - Y September 2017 - July 2015 August 2016 - 140 MIDDLE FORK 24 Months 252 NOOKSACK RIVER March 2016 September 2015 - 332 NORTH FORK April 2017 - - 421 ROCKY CREEK April 2017 - - r October 2016 March 2016 October 2016 March 2016 April 2017 - 500 DAKOTA CREEK GOOSEBERRY FERRY SLIP LUMMI ISLAND FERRY SLIP NOOKSACK RIVER - 503 - 24 Months 507 512 Load, Height and Width Restricted Bridges Each bridge is required to have a "Load Rating" calculation. The Load Rating establishes how much weight the bridge can carry for several standard configurations of vehicle axle loads. During the 2017 inspection cycle, no bridges were added to the load restriction list. As of the end of 2017 there were a total of 16 weight restricted bridges in the county. Bridges that have height restrictions of 15-T or less are required to be posted with the allowable height. Whatcom County has two roads passing through posted height restricted bridge structures, both of which are steel truss structures. They are Slater Road/Nooksack River Bridge No. 512 and Mosquito Lake Road/Middle Fork Nooksack River Bridge No. 140. The list of current load, height and weight restricted bridges is shown in Exhibit 'B'. Page 11 of 35 393 Exhibit "B" — Load, Height and Width Restricted Bridges Restricted Restricted I 8Kdge Rostecl Bridite No. Road Name Features Crossed Width Vertical I for Load _ (FT) Clearance 1 MARINE DR ACCESS RD CREEK OLD RR 44 BRIDGE WAY CALIFORNIA CREEK 16 _ Restriction Yes Yes 51 FLYNN RD FISHTRAP CREEK 16 81 JACKSON RD. TERRELL CREEK Yes 82 ALDERSON RD TERRELL CREEK Yes 91 STEIN RD DAKOTA CR. TRIB. Yes 105 MANLEY ROAD SILVER CREEK 11.3 107 N. LAKE SAMMISH DR. LAKE SAMMISH 12 Yes 132 HUDSON ROAD JONES CREEK 15 140 MOSQUITO LK RD MIDDLE FORK 13.2 18 151 HILLSIDE RD SIGITOWITZ CREEK Yes 249 ROBERTS RD ANDERSON CREEK Yes 250 MARTIN RD ANDERSON CREEK Yes 291 MASSEY RD SUMAS RIVER Yes 308 ALM RD SUMAS RIVER Yes 332 MOSQUITO LK RD NORTH FORK Yes 503 FERRY—LUMMI TRANSFER SPAN HALE PASSAGE 12 Yes 503A FERRY-LUMMI APPROACH HALE PASSAGE Yes 506 HERON LANE JOHNSON CREEK 12 507 FERRY —GP TRANSFER SPAN HALE PASSAGE 14 Yes 507A FERRY —GP APPROACH HALE PASSAGE 14 Yes 510 COAL CREEK RD GALLOP CREEK 14 512 SLATER RD NOOKSACK RIVER 15 Bridge Replacement and Rehabilitation Plans for Deficient Bridges One area of emphasis within the Bridge Program is to replace or rehabilitate bridges that are classified as structurally deficient (SD) per NBIS. The 5 SD bridges listed below were actively worked on in 2017: 1. West Badger Road/Bertrand Creek Bridge No. 50 Replacement (construction scheduled for 2019, BRAC funded) 2. Roberts Road/Anderson Creek Bridge No. 249 Replacement (construction scheduled for 2019, BRAC funded) 3. North Lake Samish Bridge No. 107 (TS&L completed in 2017, design, permitting and real estate work underway in 2018) 4. Massey Road/Sumas River Bridge No. 291 Deck Replacement Project (construction scheduled in 2019) Page 12 of 35 394 5. Mosquito Lake Road/NF Nooksack River Bridge No. 332 Cap Replacement Project (construction completed in May 2018) Design and permitting work was completed in 2017 on the Hannegan Road/Ten-Mile Creek Bridge No. 236 Replacement Project. While this bridge is not currently designated as SD, it is the last remaining reinforced concrete channel girder bridge remaining on the Hannegan Road, which is a designated T-2 freight route and an important transportation corridor in Whatcom County. The existing bridge utilizes an older style reinforced concrete channel girder that has historically not held up well to truck traffic. This replacement project is scheduled for construction in 2018 and aims to remove this bridge from Hannegan Road before problems develop and the bridge needs to be load restricted. Since 2000, 19 SD bridges have been replaced or re -built in Whatcom County. The list of current SD bridges is shown in Exhibit'C.' 2017 Replacement and Rehabilitation Construction Projects Slater Road/Jordan Creek Fish Passage Project This project included replacement of a failing 10' wide by 7' tall steel arch culvert that had been identified as a barrier to fish passage. The culvert was replaced with a 142' span reinforced concrete bridge on a deep pile foundation. Work also included reconstruction of the Jordan Creek channel through the project site to address fish passage. The new structure was opened to traffic in the fall of 2017. Picture of recently competed Slater Road/Jordan Creek Bridge No. 10 Page 13 of 35 395 Oat Coles Road/Swift Creek Bridge Replacement This project included replacing the existing bridge, which had minimal freeboard above Swift Creek, with a bridge that provides additional clearance above the Swift Creek channel. Oat Coles Road/Swift Creek Bridge No. 313 Page 14 of 35 396 Exhibit "C" — Structurally Deficient Bridges Sufficiency Bridge No. Bridge Name Deficiency's Status Rating 107 North Lake Samish Timber Girder 14.02 TS&L Study Complete — Section Loss Design for replacement bridge underway 22.51 Construction of replacement 50 BERTRAND CR Timber Cap Section Loss bridge scheduled for 2019 81 JACKSON RD- Timber Cap and Pile 28.42 Monitoring — apply for BRAC Deterioration funds in 2019 248 ANDERSON CR Timber Cap and Pile 37.26 Monitoring Deterioration 249 ANDERSON CR Timber Cap Section 39.86 Construction of replacement Loss bridge scheduled for 2019 332 MOSQUITO LAKE Timber Cap 39.92 Repair work completed in ROAD Deterioration May of 2018 1 LITTLE Delamination of 41.97 Monitoring SQUALICUM Deck, Cap Beam Capacity 291 SUMAS RIVER Concrete Channel 42.72 Rehabilitation Project BERTRAND CR Beam Deterioration Scour Exposing Scheduled 2019 Monitoring 497 45.5 TRIB Concrete Footings Monitoring 329 LENHART ROAD Timber Cap and Pile 45.79 Deterioration Timber Cap and Pile 250 ANDERSON CR 53.54 Monitoring Deterioration 509 SALAKANUM WAY Timber Cap 58.24 Monitoring Deterioration 75.45 Monitoring 172 BNSF RR Deck Deterioration 2017 Large Culvert Inventory In 2016 and 2017 Whatcom County Bridge Program staff inspected all culverts with a diameter of 5' or greater located on the County road system. All culvert inspections were completed using FHWA publication No. FHWA-CFL TD-10-005 titled "Culvert Assessment and Decision Making Procedures Manuaf' dated September 2010. All told 152 structures were inspected as part of this effort. As part of the inspection effort each culvert was given an overall condition rating and any needed repairs or maintenance work was forwarded to Maintenance & Operations. These large diameter culverts will continue to be inspected moving forward on a regular basis. For a detailed list of the large diameter culverts please Appendix "B". Page 15 of 35 397 Maintenance and Repair Activities The majority of bridge repair and maintenance work is done by Whatcom County Maintenance & Operation crews, with support from various vendors. During 2017 Maintenance & Operation crews washed all of the bridges in the County inventory. In addition, the majority of the bridges were brushed to support ongoing maintenance, repair and inspection activities. Forty six (46) maintenance work orders were completed in 2017. (See Exhibit D below). In April of 2017 a privately owned and fully load dump truck and trailer hit the bridge rail on the north side of Breckinridge Road/Sumas River Bridge No. 315, destroying the entire section of bridge rail. M&O crews responded quickly, replacing the bridge rail and getting the bridge opened to traffic with minimal disruptions to the traveling public. Exhibit "D" — Maintenance Work Orders Completed in 2017 Bridge No. Bridge Name Work Completed Date Repaired IL 172 MARINE DRIVE APPROACH REPAIR JANUARY 2017 507 FERRY— LUMMI ISLAND DOLPHIN REPAIR JANUARY 2017 503 FERRY —GOOSEBERRY PT APRON ARM REPLACEMENT MARCH 2O17 22 BEHME ROAD GRINDING/COLD PATCHING GRINDING/COLD PATCHING MARCH 2O17 MARCH 2O17 38 DRAYTON HARBOR ROAD ALM ROAD 308 GRINDING/COLD PATCHING GRINDING/COLD PATCHING MARCH 2O17 MARCH 2O17 327 JONES ROAD 11 HAXTON WAY GOODWIN ROAD DEBRIS REMOVAL MARCH 2O17 201 DEBRIS REMOVAL MARCH 2O17 22 BEHME ROAD APPROACH REPAIR APPROACH REPAIR MARCH 2O17 MARCH 2O17 36 VALLEY VIEW ROAD 201 GOODWIN ROAD DEBRIS REMOVAL APPROACH ROAD REPAIR DECK REPAIR MARCH 2O17 APRIL 2017 APRIL 2017 513 SLATER ROAD JONES ROAD 324 315 BRECKINRIDGE ROAD REPAIRED DAMAGED BRIDGE RAIL APRIL 2017 3 MARINE DRIVE FERRY — LUMMI ISLAND APPROACH REPAIR PILE REPAIR JUNE 2017 507 JUNE 2017 J 263 PANGBORN ROAD GUARDRAIL REPAIR JUNE 2017 ill 3 MARINE DRIVE REMOVE LOGS FROM BRIDGE PIER JULY 2017 Page 16 of 35 W-01 Bridge No. Bridge Name 503A FERRY - GOOSEBERRY PT Work Completed Date Repaired REPLACE GEAR BOX JULY 2017 3 MARINE DRIVE REMOVAL OF OLD TIMBER PILES AUGUST 2017 503 FERRY —GOOSEBERRY PT NON-SKID REPAIR WORK AUGUST 2017 507 FERRY— LUMMI ISLAND NON-SKID REPAIR WORK AUGUST 2017 507 FERRY— LUMMI ISLAND REPAIRED CABLE AROUND PILE SEPTEMBER 2017 126 INNIS CREEK ROAD CLEANED OUT SEDIMENT TRAP SEPTEMBER 2017 313 OAT COLES ROAD APPROACH REPAIRS RE -TORQUE BOLTS SEPTEMBER 2017 249 ROBERTS ROAD SEPTEMBER 2017 503 FERRY — GOOSEBERRY PT MARTIN ROAD COUNTERWEIGTH ADJUSTMENTS OCTOBER 2017 OCTOBER 2017 250 CLEAR LOGS AND DEBRIS FROM BRIDGE 315 BRECKINRIDGE ROAD CLEAR LOGS AND DEBRIS FROM BRIDGE OCTOBER 2017 13 BARRETT ROAD BEAVER DAM REMOVAL OCTOBER 2017 413 DELTA LINE ROAD BEAVER DAM REMOVAL BEAVER DAM REMOVAL OCTOBER 2017 99 JACKMAN ROAD OCTOBER 2017 14 ALDRICH ROAD STEIN ROAD W. BADGER ROAD INNIS CREEK ROAD JONES ROAD BEAVER DAM REMOVAL OCTOBER 2017 CLEAR LOGS FROM BRIDGE OCTOBER 2017 TIMBER CAP REPAIR OCTOBER 2017 PATCHED HOLES & REMOVE TREE FROM NOVEMBER 2017 UNDER BRIDGE PATCHED HOLES & REMOVE TREE FROM NOVEMBER 2017 UNDER BRIDGE PATCHED HOLES & REMOVE TREE FROM NOVEMBER 2017 UNDER BRIDGE 91 50 126 324 315 BRECKINRIDGE ROAD BYLSMA ROAD 244 CLEAR DEBRIS FROM BRIDGE NOVEMBER 2017 38 DRAYTON HARBOR ROAD REPAIR SINK HOLE AT APPROACH ROCK PLACEMENT TO ADDRESS SCOUR AT APPROACH RE -TORQUE BOLTS DECEMBER 2017 201 GOODWIN ROAD DECEMBER 2017 249 ROBERTS ROAD DECEMBER 2017 DECEMBER 2017 50 W. BADGER ROAD RE -TORQUE BOLTS 82 ALDERSON ROAD DECK REPAIR DECEMBER 2017 313 OAT COLES ROAD POTHOLE REPAIR ON BRIDGE DECK DECEMBER 2017 Page 17 of 35 399 Glossary of Bridge Terms Abutment -a substructure supporting the end of a single span, or the extreme end of a multi -span super -structure and, in general, retaining or supporting the bridge approach fill. Approach span - the span or spans connecting the abutment with the main span or spans. Back wall -the top -most portion of an abutment functioning primarily as a retaining wall to contain approach roadway fill. Beam -a linear structural member designed to span from one support to another. Bent -a supporting unit of the beams of a span made up of one or more column or column -like members connected at their top -most ends by a cap, strut, or other horizontal member. Box Girder -a support beam that is a hollow box; Its cross-section is a rectangle or square. Bracing -a system of tension or compression members, or a combination Oil these, connected to The parts to be supported or strengthened by a truss or frame. It transfers wind, dynamic, impact, and vibratory stresses to the substructure and gives rigidity throughout the complete assemblage. Can also refer to diagonal members that tie two or more columns of a bent together. Cap -the horizontally -oriented, top -most piece or member of a bent sewing to distribute the beam loads upon the columns and to hold the beams in their proper relative positions. Cast -in -Place - concrete poured within form work on site to create a structural element in its final position. Catwalks -temporary foot bridges, used by bridge inspection personnel. MUM SUPERSTRUCTURE 'u'_ Basic Bridge Parts 1 - �- AS — RM ow A611i1M 317 WRW HMMU M Page 18 of 35 Chord — in a truss, the upper -most and the lower- most longitudinal members, extending the full length of the truss. Column —a vertical structural member that transfers dead and live load from the bridge deck and girders to the footings or shafts. Column crosses brace —transverse brace between two main longitudinal members. Compression — a type of stress involving a pressing or squeezing together; tends to shorten a member; opposite of tension. C ulvert — a pipe or small structure used for drain- age under a road, railroad or other embankment. A culvert with a span length greater than 20 feet Is included in the National Bridge Inventory and Receives a raring using the NBI scale. Dead I o a d — a static load due to the weight of the structure itself. Deck —the roadway portion of abridge that provides direct support for vehicular and pedestrian traffic. Deck bridge —a bridge in which the supporting members are all beneath the roadway. Deck truss —a bridge whose roadway is supported from beneath by a truss. Diagonal —a sloping structural member of a truss or bracing system. Elastomeric pads —rectangular pads made of neoprene, found between the sub -structure and superstructure that bears the entire weight of the superstructure. Elastomeric pads can deform to al- low for thermal movements of the superstructure. End wall —the wall located directly under each end of a bridge that holds back approach roadway fills. The end wall is part of the abutment. Expansion joint —A jointdesigned to provide means for expansion and contraction movements produced by temperature changes, load, or other forces. Fatigue —Cause of structural deficiencies, usually due to repetitive loading over time. Footing —The enlarged, lower portion of a sub- structure that distributes the structure load either to the earth or to supporting piles; the most common footing is the concrete slab; "footer" is a colloquial term for footing. Fracture critical member —a member in tension or with a tension element whose failure would probably cause a portion of or the entire bridge to collapse. Girder —a main support member for the structure that usually receives loads from floor beams and stringers; also, any large beam, especially if built up. Hanger — a tension member serving to suspend an attached m e m b e r. Hinge — a point in a structure at which a member is free to rotate. Live load —vehicular traffic, wind, water; and/or earthquakes. Lower chord —the bottom horizontal member of a truss. Main beam —a beam supporting the spans and bearing directly onto a column or wall. Page 19 of 35 Sell Member —an indi,,idual angle, beam, plate, or built piece intended to become an integral part of an assembled frame or structure. Oscillation —a periodic movementback and forth between two extreme limits. An example is the string of a guitar that has been plucked. Its vibration back and forth is one oscillation. A vibration is described b y its size (amplitude), its oscillation rate (frequency), and its timing (phase). In a suspension bridge, oscillation results from energy collected and stored b y the bridge. If a part of the bridge has to store more energy than it is capable of storing, that part will probably fail. Pier — a structure comprised of stone, concrete, brick, steel, or wood that supports the ends of the spans of a multispan superstructure at an intermediate location between abutments. A pier is usually a solid structure as opposed to a bent, which is usually made up of columns. Pile — a linear (vertical) member of timber, steel, concrete, or composite materials driven into the earth to carry structure loads into the soil. Pile bent —A row of driven or placed piles with a pile cap to hold them in their correct positions; see "Bent." Plate girder — a large, solid web plate with flange plates attached to the web plate by flange angles or Fillet welds. Typically fabricated from stee 1. Post or column —a member resisting compressive stresses, in a vertical or near vertical position. Pre -cast girder —fabricated off site of Portland Cement Concrete, reinforcing steel and post- tensioning cables. These girders are shipped to the construction site by truck and hoisted into place by cranes. Reinforced concrete —concrete with steel rein- forcing bars bonded within it to supply increased tensile strength and durability. Scour —erosive action of removing streambed material around bridge substructure due to water flow. Scour is of particular concern during high- water events. Short span bridge -these bridges have a single N B I S span length of 20 feet or less. They are typically supported by timber piles or shallow concrete footings. Soffit —the underside of the bridge deck or sidewalk. Spall — a concrete deficiency wherein a portion of the concrete surface is popped off from the main structure due to the expansive forces of corroding steel rebar underneath. This is especially common on older concrete bridges. Span —The distance between piers, towers, or abutments. Steel -A very hard and strong alloyof iron and carbon. Stringer —a longitudinal beam (less than 30 feet long) supporting the bridge deck, and in large bridges, framed into or upon the floor beams. Sufficiency rating -the sufficiency rating is a numeric value from I N (a bridge in new condition) to 0 (a bridge incapable of carrying traffic). The sufficiency rating is the summation of four calculated values: Structural Adequacy and Safety. Serviceability and Functional Obsolescence, Essentiality for Public Use, and Special Reductions. CLI Page 20 of 35 Substructure — the abutment, p i e r s, grillage, or other structure built to support the span or spans of a bridge superstructure, and distributes all bridge loads to the ground surface. Includes abutments, piers, bents, and bearings. Superstructure — the entire portion of a bridge structure which primarily receives and supports traffic loads and in turn transfers the reactions to the bridge substructure; usually consists of the deck and beams or, in the case of a truss bridge, the entire truss. Tension — type of stress involving an action which pulls apart. Tie —a member carrying tension. Torsion — a twisting force or action. Truss bridge — a bridge having a pair of trusses for the superstructure. Upper chord -the top longitudinal member of a truss. Web -the portion of a beam located between and connected to the flanges. Welded joint — a joint in which the assembled elements and members are united through fusion of metal. Wheel rail —a timber curb fastened directly to the deck, most commonly found on all -timber bridges. Wing wall -walls that slant outward from the corners of the overall bridge that support roadway Fill of the approach. Page 21 of 35 403 Appendix "A" - 2017 Whatcom County Bridge Inventory Total of 162 Bridges Including 24 Short Spans Bridge No. Bridge Name Year Built Structure Length Structure Width . Traffic tadtj Detour Length I 270 35 3796 2 105 32 3746 7 1 LITTLE SQUALICUM 1933 2 MARIETTA SLOUGH 1978 3 MARIETTA 1936 420 32.9 3746 7 5 PORTAGE SLOUGH 1997 90 42 3700 6 7 SLOUGH BRIDGE 1979 90 32.1 1099 6 8 Red River 1997 82 31 284 3 9 SILVER CREEK 1953 31 25.5 70 0 10 Jordan Creek 2017 142 41 15000 4 11 RED RIVER 1920 126 25.5 5592 5 12 SCHNEIDER DITCH 1950 19 21.3 230 99 13 BARRETT CREEK 1969 57 25.5 1316 3 14 TEN MILE CR 1924 38 25.8 1192 2 15 TEN MILE CR 1935 83 43.2 4900 3 16 TEN MILE CR 1986 80 31 441 3 17 TEN MILE CR 1933 61 25.5 1185 2 21 TEN MILE CR 1933 31 25.5 887 3 22 DAKOTA CR. 1930 31 25.7 167 4 29 TERRELL CREEK 2003 31 34 833 4 30 BERTRAND CR. 1938 126 33.1 1839 4 35 CALIFORNIA CR 1956 169 32.6 951 4 36 DAKOTA CR. CALIFORNIA CR 1934 75 25.5 820 4 37 1923 40 32 558 3 Page 22 of 35 M Bridge No. Bridge Name Year Built Structure Length ' Structure Width Traffic (adt) Detour Length 38 DRAYTON HARBOR 1933 104 25.5 5082 131 31.1 275 3 42 DAKOTA CR. 1995 4 43 BERTRAND CR. 1995 118 37.4 924 5 44 Bridge Way 1922 85 16 10 99 47 BERTRAND CREEK 1950 82 69 36 1251 6 50 BERTRAND CR 1934 32 2988 4 51 FISHTRAP CR 1988 36 17 50 23.8 83 27 120 125 9097 2 99 6 53 RIVER ROAD 2004 1949 56 BERTRAND CREEK 81 JACKSON RD. 1975 62 25.5 977 4 82 TERRELL CREEK 1987 50 46.9 2766 3 86 DAKOTA CREEK DAKOTA CREEK S.FORK DAKOTA CREEK 1956 18 36 1245 3 87 2005 53 37 729 4 37 729 4 25.5 644 3 25.5 433 2 88 2005 53 31 19 89 DAKOTA CR. 1950 1947 90 COUGAR CR 91 DAKOTA CR TRIB 1906 50 25.5 150 4 92 DAKOTA CREEK 2000 55 32 720 4 94 COUGAR CR 1931 1932 1949 2004 18 19 31 31 25.5 25.5 25.9 25.5 135 190 365 190 2 5 3 4 99 DRAINAGE DITCH 101 102 CALIFORNIA CR CALIFORNIA CREEK 105 MANLEY 2011 19 12.8 10 6 Page 23 of 35 405 Bridge No. Bridge Name Year Built Structure Length Structure Width Traffic (adt) Detour Length 106 FRIDAY CR 1934 76 27 851 7 107 LAKE SAMISH 1953 251 29.9 955 2123 7 115 HIGH BRIDGE 2006 i 228 37.5 19 116 AUSTIN CREEK 2004 82 42.8 2481 7 119 BRANNIAN CREEK 2008 40 32.2 542 0 120 FIR CREEK 1944 20 25.5 545 0 121 DIVERSION CHANNEL 1944 20 25.5 545 0 I 124 NP RR 1955 125 Samish River , 1998 126 31.4 120 5 69 32.3 114 3 126 INNIS CREEK 2007 40 24 103 3 127 SOUTH FORK 1998 276 31 250 99 130 JONES CR. 1951 31 25.9 338 0 131 MCCARTY CR 1975 70 23.8 338 99 132 HUDSON 1950 134 ANDERSON CR 1939 137 SMITH CREEK 1989 I 138 HUTCHINSON CREEK 1945 15 15 5 0 31 25.5 402 3 99 99 30.6 1010 337 31 25.5 21 139 MOSQUITO LK 1951 19 25 160 21 140 MIDDLE FORK 1915 423 16 117 21 Page 24 of 35 M � I I Bridge No., Bridge Name Year Built Structure Length Structure Width Traffic (adt) J Detour Length 141 PORTER CREEK 1936 2004 1934 1934 31 24 19 31 25.5 0 25.6 21.3 135 21 337 21 142 JOHNSON CREEK 143 BLACK SLOUGH 170 99 147 BLACK SLOUGH 148 SOUTH FORK 66 4 2015 360 30 700 99 149 SLOUGH 1934 76 25.5 636 99 150 LOW WATER CROSSING 1969 24 26 194 99 151 SIGITOWITZ CREEK 1950 2005 31 72 25.5 32.2 250 818 0 21 157 HUTCHINSON CREEK 159 DOREN RD 1958 19 29.5 224 3 162 OLSON CR DAKOTA CR TRIB 1940 19 25.5 1171 99 163 1954 31 31 25.5 25.5 843 844 5 5 164 DAKOTA CR 1950 I 170 N. INNIS CREEK 1999 31 25.5 180 4 172 GN RR OVERPASS 1940 196 32.3 4200 1 173 HAYNIE CR 1956 38 25.5 820 4 174 SILVER CR SWIFT CR 1958 19 21.3 194 99 201 1934 38 27 1425 6 204 TEN MILE CR 1934 38 25.5 372 5 206 SUMAS RIVER 1935 69 25.5 252 3 212 SAAR CREEK 2016 53 32.5 867 3 233 TEN MILE CR TRIB 1900 1947 1946 31 31 38 25.5 25.5 25.5 841 841 68 4 4 99 234 TEN MILE CR 235 _ TEN MILE CR Page 25 of 35 407 Bridge No. Bridge Name i Year Built Structure Length Structure Width Traffic {adt) Detour Length 236 TEN MILE CR 1944 31 36 11198 5 237 I—F-OUR MILE CREEK 1954 37 44 9411 6 240 TEN MILE CREEK 2012 40 32.2 645 3 242 SAAR CREEK 2004 104 29.7 118 3 244 SCOTT DITCH 1951 31 25.5 72 5 245 Scott Ditch 2009 77 42.7 9000 4 248 ANDERSON CR 1973 62 25.5 1114 4 249 ANDERSON CR 1958 69 30 150 4 250 ANDERSON CR 1958 31 30 80 0 252 NOOKSACK RIVER 1934 320 30 9332 12 256 ASSINK RD 1949 31 25.5 185 4 257 FISH TRAP CR 1950 31 27 300 5 258 KAMM SLOUGH 1956 19 25.5 838 5 261 Kamm Slough 2010 145 50 2400 4 263 FISH TRAP CR 1954 38 30.1 700 4 275 SQUAW CREEK 1963 19 25.5 866 4 277 ANDERSON CREEK 2005 53 40 4147 4 284 LIND 1955 31 25.5 50 99 288 SUMAS RIVER 1959 19 25.5 131 3 290 SUMAS RIVER 1932 31 25.5 106 3 291 j SUMAS RIVER 1950 31 30 326 4 295 JOHNSON 1950 31 25.5 1031 2 302 JOHNSON CREEK 2010 53 32 240 5 303 SUMAS RIVER 1956 76 25.5 267 4 304 SUMAS RIVER 1993 60 32 263 3 Page 26 of 35 MOO] Bridge No. Bridge Name Year Built Structure Length Structure Width Traffic (adt) Detour Length 4 4 306 SUMAS RIVER 1997 75 31 60 25.5 267 1032 307 SUMAS RIVER 1953 308 SUMAS RIVER 1947 69 25.5 261 2 309 SUMAS RIVER 1932 76 25.5 269 2 310 SUMAS RIVER 1947 57 25.5 209 2 313 SWIFT CR 2017 31 17.2 223 4 315 SUMAS RIVER SUMAS RIVER 1954 82 25.4 1274 4 319 1949 31 25.5 250 3 322 SLEASMAN SLOUGH 1935 31 19 31 21.3 25.5 27 131 120 113 99 5 6 324 SLEASMAN SLOUGH 1935 325 SAAR CR 1946 327 SUMAS RIVER 1917 152 27 206 4 328 SAAR CR 1966 31 29.7 524 6 329 LENHART RD BR SUMAS RIVER 1953 31 21.5 30 99 331 1943 1930 1937 1935 82 210 80 82 25.5 28 27 27 922 800 1050 2340 3 22 23 3 332 NORTH FORK 334 CANYON CR 336 SWIFTCR 337 SQUALICUM CR BONE CREEK JOHNSON CR 1934 19 21.5 0 58 99 346 1946 10 270 4 347 1955 31 21.3 40 99 348 DRAINAGE RELIEF 2002 12 23.5 172 40 349 JOHNSON CR 1945 47 29.3 567 2 406 SMITH CR 1974 19 22 149 99 408 SMITH CR 1958 1967 31 60 21.5 23.4 56 62 99 1 410 HENDRICKS CREEK Page 27 of 35 e i Bridge No. Bridge Name Year Built : Structure Length Structure Width Traffic (adt)Detour Length i 411 SMITH CR 413 DAKOTA CR 1945 20 29 1965 31 25.5 1956 180 33.2 280 1485 2 4 2 99 421 ROCKY CREEK 911 916 422 SULPHUR CREEK 2010 112 33 423 SANDY CREEK 1957 127 31.3 916 99 494 SMITH CREEK OVERFLOW 1946 84 27.5 1112 2 495 SOUTH FORK DAKOTA CREEK 1950 30 44.4 1500 4 497 BERTRAND CR TRIB 1950 21 30 1156 3 498 DAKOTA CREEK 2006 40 32 604 3 499 i DAKOTA CREEK TRIB i DAKOTA CR 1950 16 28 1434 4 500 1928 335 31.5 1221 2 503 GOOSEBERRY FERRY SLIP 1950 70 13 1100 99 505 SKOOKUM CR 1980 101 26 100 99 506 JOHNSON CR 1944 72 14 25 99 507 LUMMI ISLAND FERRY SLIP 1978 96 17.5 1100 99 508 JOHNSON CREEK 1996 53 20 30 99 509 ANDERSON CREEK 1954 31 22.7 50 99 510 GALLOP CREEK 1952 65 16.6 16 99 511 DEEP CREEK 512 NOOKSACK RIVER 2000 31 21.3 15 99 1957 246 32.6 11192 7 513 RED RIVER 1900 104 36 11365 7 503A FERRY SLIP APPR 1950 FERRY SLIP APPR 1978 158 23.8 1250 99 507A 60 17.5 1250 99 Page 28 of 35 410 Appendix "B" — 2017 Whatcom County Large Culvert Inventory Total of 152 Structures Culvert ID I T NO Road Name Location Stream Name ' Shape Material Diameter CORNELL 0.37 MI FROM SR 542 LC202 CREEK RD (EAST END) HENDRICK CREEK RND CMP 8 COAL CREEK LC207 RD 1.2 MILES FROM SR 542 RND CMP 10 COAL CREEK LC206 RD .74 MI SOUTH OF VAUGHN GLACIER CREEK RND CMP 5 LC643_ LAKEWAY DR 35' EAST OF EUCLID GENEVA CREEK RND CON 5 LAKE LOUISE 120' EAST OF WESTERN LC623 RD LAKE LOUISE LANE 300' WEST OF POLO PARK BEAVER CREEK RND CMP 6 LC622 RD DR BEAVER CREEK_ BOX CON 6X4 LAKE LOUISE 525' WEST OF LAKE LOUISE LC621 RD DR 0.48 MI NORTH OF E BOX CON 8X8 LC211 NOON RD SMITH RD 0.30 MI SOUTH OF E RND CMP 8 LC616 NOON RD SMITH RD 0.20 MI SOUTH OF RND CMP 6 LC615 NOON RD ` HUNTLEY RD NOON RD 0.39 MI NORTH OF SR 542 VAN WYCK 0.68 MILES WEST OF BOX CON 3X6 LC614 RND CMP 5 LC633 RD NOON RD 0.18 MI SOUTH OF VAN RND CMP 5 LC635 & SQUALICUM LC636 DEWEY RD WYCK RD CREEK RND CMP 6 NORTHFORK 0.95 MI NORTH OF LC203 RD MOSQUITO LAKE RD RND CMP 5 MOSQUITO _ LC607 LAKE RD MOSQUITO SOUTH OF SR 542 RND CMP 11 LC610 LAKE RD SUNSET AVE GRAVELINE SOUTH OF SR 9 WEST OF NORTHWEST RD 0.17 MI NORTH OF SUNSET RND CON 5 LC40_6_ SQSH CMP 8X7 LC404 RD AVE SILVER CREEK SASH CMP 8X7 NORTHWEST 200' SOUTH OF SUNSET LC403 RD AVE SILVER CREEK RND CON 5 225' WEST OF LC410 SLATER RD NORTHWEST RD. BEAR CREEK RND CON 6 LC634 HORTON RD 0.35 MI EAST OF SR 539 SPRING CREEK RND CON 5 0.14 MILES SOUTH OF SUNRISE RD (LUMMI 5X6 LC411 SEACREST DR ISLAND) BOX CON Page 29 of 35 411 Culvert ID Road Name Location Stream Name Shape Material Diameter No. _ RND CON 5 LC205 CHASTEEN RD AT TEN MILE RD CRYSTAL SPRINGS 6 LC209 E LAURAL RD 0.42 MI EAST OF SR 539 CREEK RND CMP 0.17 MI SOUTH OF WEST 10 LC1 ALDRICH RD AXTON RD DEER CREEK RND CMP NORTHWEST 0.17 MI SOUTH OF WEST 7 LC11 RD AXTON RD 0.37 MI WEST OF DEER CREEK RND CMP 5 LC41 CLARKSON RD NORTHWEST RD 1 0.16 MI WEST OF RND CON LC40 CLARKSON RD NORTHWEST RD JUST EAST OF FERNDALE RND CON 5 6 m, AXTON RD CITY LIMITS RND CON 0.27 MI WEST OF HAXTON 5X7 LC418 KWI_NA RD RD BOX CON 0.5 MI SOUTH OF RED 5 LC417 HAXTON WAY IMHOF RD RIVER RND CON LC413 100' NORTH OF SLATER RD RND CMP 8 LC408 & 0.33 MI EAST OF BRIDGE 10 LC409 SLATER RD 512) 0.12 MI SOUTH OF ARNIE TENNANT CREEK RND CMP 6 LC16 HAM RD RD CAMPBELL CREEK SASH CMP LC31 ARNIE RD 250' WEST OF HAM RD RND CMP 6 BIRCH BAY CALIFORNIA 12 LC33 LYNDEN RD JUST EAST OF HAM RD CREEK SQSH CMP 0.62 MI SOUTH OF BIRCH 5 LC18 HAM RD BAY LYNDEN RD RND CMP 0.71 MI SOUTH OF BIRCH 7 LC17 I HAM RD BAY LYNDEN RD NORTHWEST 0.52 MI SOUTH OF WEST TARTE CREEK RND CMP 7 LC12 RD WISER LAKE RD WEST COUGAR CREEK RND CMP 5 LC39 BADGER RD AT GLENDALE RD RND CON LOOMIS 0.23 MI WEST OF 6 LC24 TRAIL RD WEIDCAMP RD 0.12 MI EAST OF BOB HALL RND CON BIRCH BAY 6 LC22 LYNDEN RD RD RND CON 0.62 MI NORTH OF BIRCH 5 LC10 STEIN RD BAY LYNDEN RD 0.93 MI NORTH OF BIRCH RND CMP CUSTER 9 LC3 SCHOOL RD BAY LYNDEN RD RND CMP LOOMIS 0.32 MI WEST OF PORTAL 6 LC20 TRAIL RD PORTAL WAY WAY 0.17 MI NORTH OF ARNIE RND CON LC27 BOX CON 12X6 Page 30 of 35 412 Culvert ID Road Name Location Stream Name Shape Material Diameter No. 5X5 LC26 PORTAL WAY 0.11 MI NORTH OF MAIN BOX CON LC30 FOX RD 0.28 MI EAST OF VISTA RND CMP 6 0.40 MI NORTH OF 7 LC13 VISTA DR GRANDVIEW RND CMP ENTERPRISE 0.17 MI SOUTH OF SCHNEIDER 5 LC43 RD NORTHWEST WILLEY'S LAKE RD CREEK RND CMP 16 LC402 RD SOUTH OF SLATER RD BEAR CREEK SOUTH FORK SQSH CMP HENDERSON ANDERSON 11 LC613 RD 0.10 MI EAST OF Y RD CREEK RND CMP LC602 KELLY RD AT SAND RD RND CMP 6 LC246 VAN DYKE RD 360' WEST OF THEIL RD ELDER DITCH RND CON 6 280' SOUTH OF VAN DYKE 6 LC250 THEIL RD RD 0.35 MI NORTH OF VAN SCOTT DITCH RND CON 6X5 LC245 THEIL RD DYKE RD SCOTT DITCH BOX CON 0.57 MI NORTH OF VAN 6X5 LC213 NOON RD DYKE RD SCOTT DITCH BOX CON 0.35 MI NORTH OF VAN 12 LC248 NOLTE RD DYKE RD SCOTT DITCH 0.48 MI NORTH OF POLE RND CMP 6 LC212 NOON RD RD 0.61 MILES NORTH OF E RND CMP 11 LC214 STARRY RD SMITH RD STARRY CREEK RND CMP 12 LC214B STARRY RD NORTH OF E SMITH RD 0.14 MI SOUTH OF E SQSH CMP 5 LC210 EAST RD AXTON RD DEER CREEK 0.18 MI SOUTH OF RND CMP 5 LC48 OLSON RD DOUGLAS RD 0.33 MI SOUTH OF RND CON LC49 CHURCH RD DOUGLAS RD SCHELL CREEK PANGBORN 0.99 MI EAST OF HAMMER RND CON 5 9 LC236 RD RD SQUAW CREEK SQSH CMP CLEARBROOK 0.22 MI EAST OF VAN 15 LC225 RD BUREN RD JOHNSON CREEK RND CMP CLEARBROOK 6 LC226 RD 0.23 MI WEST OF HILL RD, SUMAS RIVER RND CON 0.30 MI NORTH OF 7 LC232 HILL RD CLEARBROOK RD 0.51 MI EAST OF SUMAS RIVER RND CMP 5 LC234 JONES RD CONCHMAN RD RND CMP LC233 JONES RD 1 MI EAST OF NIMS RD SAAR CREEK RND CMP 6 LC235 NIMS RD 375' NORTH OF ROCK RD SAAR CREEK RND CMP 8 Page 31 of 35 413 Culvert ID Road Name Location Stream Name Shape Material Diameter No. LC242 ROCK RD 285' WEST OF NIMS RD SAAR CREEK RND CMP 8 CMP 5 LC241 ROCK RD 350' EAST OF HILLVIEW RD ARNOLD SLOUGH SASH SILVER LAKE 1.02 MI SOUTH OF BLACK 5 LC201 RD MOUNTIAN RD MAPLE CREEK LINDQUIST CARPENTER RND CON 5 LC624 RD 0.1 MI NORTHEST OF Y RD 1 CREEK NORTHSHORE CARPENTER RND CON 5 LC625 RD 0.14 MI SOUTH OF Y RD CREEK RND CON 0.10 MI SOUTHEAST OF CARPENTER 5 LC617 Y ROAD NORTHSHORE RD CREEK 1 MI NORTH OF PACIFIC RND CON 5 LC642 MANLEY RD RD BARNES CREEK RND CON VALLEY VIEW 7 LC38 RD 0.29 MI SOUTH OF MCGEE RND CMP 0.15 MI WEST OF 34TH 5 LC8 HAYNIE RD AVE RND CON 0.10 MI SOUTH OF HAYNIE 5 LC4 GILES RD RD RND CMP LC21 ROGER RD SOUTH OF HOIER RD RND CON 6 0.15 MI EAST OF HARVEY 6 LC9 HOIER RD RD 0.15 MI NORTH OF SWEET RND CON 5 LC7 HARVEY RD RD SPOONER CREEK RND CMP 0.2 MI WEST OF HARVEY 6 LC37 SWEET RD RD RND CMP KICKERVILLE 8X8 LC28 RD 0.5 MI SOUTH OF BAY RD TERRELL CREEK BOX CON 0.39 MI EAST OF 6 LC45 BROWN RD KICKERVILLE RD TERRELL CREEK RND CON 234' WEST OF JACKSON 5X5 LC44 BROWN RD RD. BOX CON NORTH STAR 0.33 MI SOUTH OF 13 LC47 RD ALDERGROVE RD RND CMP 0.46 MI SOUTH OF H NORTH FORK 6 LC35 SUNRISE RD STREET RD DAKOTA CREEK RND CON 0.13 MI SOUTH OF H 6 LC36 SUNRISE RD STREET RD RND CMP 0.22 MI WEST OF SUNRISE 6.5 LC5 H STREET RD RD RND CMP 0.38 MI WEST OF SUNRISE 11 LC6 H STREET RD RD RND CMP 0.15 MI EAST OF DELTA NORTH FORK 14 LC2 BURK RD LINE RD AT WILLEY'S LAKE RD DAKOTA CREEK RND CMP LC29 ZELL RD RND CMP 6 Page 32 of 35 414 Culvert ID Road Name Location Stream Name Shape Material Diameter No - 1 LOOMIS 6 LC34 TRAIL RD JUST WEST OF 1-5 RND CMP 0.3 MI EAST OF VALLEY 8X5 LC32 ARNIE RD VIEW RD BOX CON 280' SOUTH OF FARIS (THE 6X5 LC25 PORTAL WAY SOUGH LEG OF FARIS) BOX CON LC50 UNICH RD 0.17 MI EAST OF BARR RD JORDAN CREEK BOX CON 6X4 LAMPMAN 0.20 MI EAST OF HAXTON 5 LC414 RD WAY 0.2 MI NORTH OF SLATER RND CON 12 LC412 ELDER RD RD JORDAN CREEK RND CMP NORTH RED 0.66 MI WEST OF HILLAIRE 9 LC416 RIVER RD RD JORDAN CREEK RND CMP NORTH RED 0.74 MI WEST OF HILLAIRE 5 LC415 RIVER RD RD RND CMP LC637 E SMITH RD 0.77 MI EAST OF SR 542 RND CON 5 175' SOUTH OF DEMING 5 LC204 HILLARD RD RD RND CMP 0.25 MI NORTH OF POTTER 6 LC612 LINNELL RD RD RND CMP 0.50 MI SOUTH OF POTTER 8 LC603 NELSON RD RD RND CMP 0.54 MI SOUTH OF 6X4 LC608 CLIPPER RD STRAND RD BOX CON 0.14 MI SOUTH OF 6X4 LC609 CLIPPER RD STRAND RD STRAND RD TINGLING CREEK BOX CON LC604 0.52 MI EAST OF SR 9 TINGLING CREEK BOX CON 6X4 0.14 MI EASTERLY OF DEAL 5 LC605 TRUCK RD RD RND CON 1.18 MI EAST OF BLUE 6 LC638 PARK RD CANYON RD RND CMP 0.38 MI EAST OF BLUE 8X4 LC644 PARK RD BLUE CANYON RD BOX CON 5 _ LC620 CANYON RD 1 MILE FROM PARK RD RND CMP BLUE BLUE CONYON 5 LC619 CANYON RD 0.62 MI FROM PARK RD CREEK RND CMP BETWEEN BROOK AND 6 LC618 RAINBOW DR CEDAR BETWEEN RAINBOW RD SILVER CREEK RND CMP 8X3 LC601 GLENHAVEN AND LAKESIDE DR 0.64 MI NORTHWEST OF SILVER CREEK CHUCKANUT BOX CON 8X8 LC631 SAMISH WAY MANLEY RD CREEK BOX CON Page 33 of 35 415 Culvert ID Road Name Location Stream Name Shape Material i Diameter No. f_ 0.46 MI NORTHWEST OF 5 LC630 SAMISH WAY MANLEY RD BEAR CREEK RND CON 500' EAST OF YEW STREET 5 LC632 SAMISH WAY RD RND CON 0.22 MI EAST OF WASHKE ANDREASEN 9 LC405 LANGE RD RD DITCH _ ANDREASEN RND CON 5 LC407 WASHKE RD 350' NORTH OF LANGE RD DITCH RND CMP EAST LAKE 0.24 MI NORTH OF CEDAR 1 6X8 LC639 SAMISH DR ACRES BARNES CREEK BOX CON NORH LAKE 0.11 MI WEST OF EAST 6 LC640 SAMISH LAKE SAMISH FINNEY CREEK RND CON ROY RD 0.53 MI WEST OF AXELSON BOX CON 4X6 LC641 LC626 & OLD SAMISH 0.55 MI WEST OF LAKE 5 LC627 RD SAMISH DR RND CON LC628 & OLD SAMISH CHUCKANUT 6 LC629 RD 0.73 MI WEST OF FALLS DR CREEK RND CMP 0.32 MI NORTH OF SOUTH 7X3 LC228 GOODWIN RD PASS RD 0.07 MI SOUTH OF GOLD CREEK BOX CON BRECKENRIDGE 10 LC227 GOODWIN RD SORENSON RD CREEK_ RND CMP 67' WEST OF TELEGRAPH 8 LC222 LINDSAY RD RD KINNEY CREEK RND CMP TELEGRAPH 0.10 MI SOUTH OF 8 LC223 RD LINDSAY RD KINNEY CREEK RND CMP SORRENSON 0.20 MI EAST OF 8 LC24 RD SOUTH PASS TELEGRAPH RD KINNEY CREEK RND CMP 0.32 MI NORTH OF BRECKENRIDGE 8X10 LC237 RD SEALUND RD CREEK BOX CON LC238 MACK RD 100' FROM SR 9 BOX CON 3X6 OAT COLES 0.13 MI NORTH OF MACK 5 LC240 RD RD RND CMP 0.37 MI EAST OF OAT 6 LC239 MASSEY RD COLES RD GOODWIN CREEK RND CMP LC229 GOODWIN RD AT MASSEY RD RND CON 5 LC230 GOODWIN RD AT GILMORE RD POWER CREEK RND CMP 10 0.38 MI NORTH OF 6 LC231 GOODWIN RD HOPEWELL RD DALE CREEK RND CMP 60' WEST OF VAN BUREN 5 LC221 LINDSAY RD RD JOHNSON CREEK RND CMP 0.22 MI WEST OF VAN 5 LC220 LINDSAY RD BUREN RD 0.12 MI NORTH OF SUMAS RIVER RND CMP 5 LC243 VAN BUREN HAMPTON RD SUMAS RIVER RND CMP Page 34 of 35 416 1 Culvert ID Road Name Location Stream Name Shape Material { Diameter Na LC247 HAMPTON RD 45' WEST OF VAN BUREN JOHNSON CREEK RND CON 7 STICKNEY 0.12 MI SOUTH OF TIMON 9 LC_244 ISLAND RD RD MORMON DITCH RND CMP NORTHWOOD 0.25 MI NORTH OF 5 LC249 RD HAMPTON RD KAMM SLOUGH RND CON 1 MI NORTH OF 7.5 LC215 ASSINK RD PANGBORN RD FISHTRAP CREEK RND CMP PANGBORN FISHTRAP CREEK 6X3 LC219 RD 20' EAST OF BENDER RD TRIB BOX CON PANGBORN 6X3 LC218 RD AT BENSON RD WEST OF DOUBLE DITCH FISHTRAP CREEK BOX CON 6X4 LC216 PRARIE RD RD DOUBLE DITCH BOX CON LC217 PRAIRIE RD EAST OF DOUBLE DITCH RD DOUBLE DITCH BOX CON 6X4 LC23 H STREET RD ATJACKMAN RD JACKMAN DITCH RND CMP 6 LC604B STRAND RD 0.46 MI EAST OF SR 9 RNIDE CMP 5 1 Page 35 of 35 417 PROPOSED BY: INTRODUCED: 9/11/2018 RESOLUTION NO. WHATCOM COUNTY SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2019 THROUGH 2O24 WHEREAS, pursuant to RCW 36.81.121, Whatcom County is required to prepare and approve 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, the Road Priority Array and the Annual Bridge Report were made available to the legislative authority during the preparation of this program; and WHEREAS, following approval of the Six -Year Transportation Improvement Program, the law requires 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 Six -Year Transportation Improvement Program shall be approved; 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; Page 1 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council as follows: 1. That the Whatcom County Six -Year Transportation Improvement Program for the years 2019 through 2024, 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 approved. 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 _ ATTEST: Dana Brown -Davis, Clerk of the Council APPROVED} AS TO FORM: Chris Quinn, Civil Deputy Prosecutor , 2018. Page 2 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Rud Browne, Chair of the Council 419 Q � a x X fA W 21 ni O UzO cL 002 r L O z O O C C z ¢UU NV3A I HINOW z 313ldWOO 31VO _� 00 NIA 403H MIN W Z U u LL W 3dA1 O 1VIN3W K a -NONIAN3 _ N U 0 N J H T N v m c N f7 �� N J O Q N 7 O O W N 2 w L b w a ce �2 A H � H 0 z W � a W Q N � N N N a o �! N Q Q J w w O 7 a M g� w LL. 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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 — meets applicable requirements, showing the current value, replacement cost, and amortization periods for the vessels and facilities. The current value of the M/V Whatcom Chief is the insured value, the closest approximation of true worth. 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 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 -2- 427 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. Level -of -Service On July 24, 2018 the Whatcom County Council passed resolution #2018-0026. This resolution established a level of service for the Lummi Island Ferry System. In addition, the resolution enacts an action plan to achieve the recommended improvements including: 1. Vessel A. Balancing capacity against operating costs (fuel, personnel, etc.) to ensure affordable fares over the long run, including needs -based fares, while optimizing vehicle demand, deck space and trip frequency to minimize wait times, the design and construction of a 34 car vessel is added to the 2019-2024 Six -Year Transportation Improvement Program. The timing of the design and construction shall coincide with the next cycle of funding by the County Road Administration Board. B. The design of the vessel shall accommodate all walk-on passengers during typical peak times, accommodate legal loads of vehicles per Washington State Commercial Vehicle Guide and comply with U.S. Coast Guard safety standards and the Americans with Disabilities Act. C. To approach the goal of a carbon neutral vessel and provide flexibility for future electric conversion and reliability, the design of the vessel shall be a hybrid diesel-electric. 2. Terminals A. Design and construction of the marine structure modifications to the Gooseberry Point terminal and Lummi Island terminal to accommodate the new vessel is added to the 2019-2024 Six -Year Transportation Improvement Program. The timing of the design and construction shall coincide with the next cycle of funding by the County Road Administration Board and the construction of the new vessel. B. In addition to the modifications to accommodate a new vessel, improvements to the Lummi Island terminal shall include: reconfigure the queuing lanes, install ADA restrooms, and improve bicycle and pedestrian loading by locating the -3- MW queuing area as close to the vessel as possible to reduce the time required to load onto the ferry. C. Implement remote ferry queue monitoring. D. Implement self-service ticketing. E. Whatcom County will initiate an intergovernmental agreement with the Lummi Nation to confirm the location of the Gooseberry Point Terminal as shown on the 2015 Lummi Nation TIGER grant application. Upon the finalization of the agreement Whatcom County Public Works shall initiate the environmental review and permitting process for the Gooseberry Point terminal relocation. F. Construction of the new Gooseberry Point terminal relocation is to be accomplished prior to the end of the Uplands Lease Agreement with the Lummi Nation (October 2046). The design shall include dual lane loading and improve bicycle and pedestrian loading by locating the queuing area as close to the vessel as possible to reduce the time required to load onto the ferry. G. Whatcom County shall coordinate the Gooseberry Point terminal relocation with the Lummi Nation's permitting, funding and construction of the future Fisherman's Cove Improvements. H. As property becomes available, Whatcom County shall purchase lands adjacent and near the new location of the Gooseberry Point terminal. The property will be utilized for off-street queuing, parking, and passenger amenities. 1. All infrastructures shall be designed to accommodate the 100-year sea level rise prediction by NOAA. 3. Operations A. A Whatcom County ferry district will be created to increase grant opportunities. This district shall be funded by a seasonal surcharge on single cash fares for the capitalization of future vessels. B. The long-term improvements shall be phased over time to allow for a complete funding portfolio to leverage a variety of funding sources and mechanisms. Minor Maintenance General minor maintenance is continual on the ferry, landings, aprons, approaches, 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. 429 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. In the'event of an emergency ferry outage or mechanical failure, the County has contracted pedestrian only ferry services while the vessel is being repaired. Following is a brief chronology outlining the history of the Whatcom County Ferry System. GP denotes work occurred at the Gooseberry Point Terminal LI denotes work occurred at the Lummi Island Terminal 1926 Lummi Shore Road from Bellingham was completed and a ferry, the Central, owned by Whatcom County and large enough to hold six small Model-T Fords started making scheduled runs between Lummi Island and Gooseberry Point. 1929 The slightly larger Chief Kwina replaces the Central. 1950 Gooseberry Point terminal built (GP) 1962 The M/V Whatcom Chief begins service 1977 Lummi Island terminal is relocated (LI) 1981 New transfer span and tower superstructure installed (LI) 1982 Approach span trestle refurbished (GP) 1986 Transfer span, tower structures, and marine structures replaced (GP) 1993 South inner and mid -ship timber dolphins replaced/installed (LI) 1999 Emergency South outer dolphin and breakwater repair (LI) 1999 Electrical feeder replacement (GP) 2001 Major maintenance on both terminals including painting, new aprons, electrical work, new hydraulics, tower bolt replacement (LI and GP) 2002 20-Year Plan Phase 1 Process and report completed 2005 South outer timber dolphin replaced with steel structure (LI) Major Status Report on Ferry System 2006 Emergency bearing seat pedestal replacement (LI) Parking lot improvements (LI) 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 2007 Bridge bearings replaced (LI) Electrical repairs (LI and GP) 2008 Two North timber dolphins replaced with steel doughnut dolphins designed for larger 35-car ferry boat design (LI) Counterweight sheaves replaced (GP and LI) Rate increase 2009 Emergency North wingwall replacement (LI) -5- 430 Traffic Gates Installed (LI and GP) Rate adjustment 2010 Emergency South wingwall replacement (LI) 2011 New live load hangers and pins installed (GP) 2013 Steel apron flaps replaced with rubber -coated flaps (LI) Timber wingwalls replaced with steel structures (GP) Terminal remote control system installed, electrical and hydraulic equipment updates (LI) 2014 Terminal remote control system installed (GP) All four timber dolphins replaced with steel structures (GP) 2015 Steel apron flaps replaced with rubber -coated flaps (GP) Emergency temporary repair to outer timber dolphin (LI) Rate adjustment 2017 Electrical system overhaul (GP) -6- 431 EXHIBIT "B" Table 1 FERRY SYSTEM CURRENT AND REPLACEMENT VALUES - 2018 VESSELS M/V Whotcom Current Statistics chief LENGTH ft 100 BEAM ft) 44 DISPLACEMENT, FULL LOAD (long tons} 192 YEAR BUILT 1962 CAPACITY Passengers 100 TOTAL CURRENT VALUE - 20181l1 $890,000 Replacement Statistics TOTAL - REPLACEMENT VALUE $15,000,000 FACILITIES SCHEDULED ESTIMATED AMORTIZATION REPLACEMENT/M CURRENT BOOK REPLACEMENT LOCATION YEAR BUILT PERIOD ODIFICATION YEAR VALUE14) COST 2018 $'s IZI 1982 2022 2040 $195,000 $10,000,000 Dolph insjWinall/Breakwater 432 Table 2 Lummi Island Ferry 14-Year Capital Program All $ in 000's Revenues 2019-2025 Category 2019 2020 2021 2022 2023 2024 2025 Punch Card Fares (3) $ 1,297 $ 1,310 $ 1,337 $ 1,363 $ 1,391 $ 1,418 $ 1,447 Cash Fares (4) 324 328 334 341 348 355 362 (Memo 55% of Operating Cost) (1) 1,621 1,638 1,671 1,704 1,738 1,773 1,808 MVFT Deficit Subsidy 275 275 275 275 275 275 275 County Road Fund Operating Subsidy 1,500 1,464 1,768 1,546 11582 11619 1,657 Federal Ferry Boat Program Funds 1,250 - 621 600 - - 'Total Revenues 4,647 3,377 4,335 4,125 3,595 3,667 3,741 'Total Expenditures (2) 6,534 3,503 3,980 3,485 3,565 28,499 6,183 Net Unfunded 1,887 126 (355) (640) (30) 24,831 2,442 Lummi Island Ferry 14-Year Capital Program All $ in 000's Revenues 2026-2032 Category 20261 2027 2028 2029 2030 2031 2032 Punch Card Fares $ 1,476 $ 1,505 $ 1,535 $ 1,566 $ 1,597 $ 1,629 $ 1,662 Cash Fares 369 376 384 392 399 407 415 (Memo 55% of Operating Cost) (1) 1,845 1,882 1,919 1,9581 1,997 2,037 2,077 MVFT Deficit Subsidy 275 275 275 275 275 275 275 -County Road Fund Operating Subsidy 1,697 1,737 1,778 1,820 1,864 1,909 1,954 Federal Ferry Boat Program Funds - - - - - - 'Total Revenues 3,817 3,893 3,972 4,053 4,135 4,221 4,307 Total Expenditures 2) 8,271 3,860 3,951 4,045 4,141 27,743 13,343 Net Unfunded 4,454 (34) (21) (8) Note 1: After Subtracting the MVFT Deficit Subsidy. Budgeted for 55% fare recovery. Note 2: As Shown On Table 2, including capital expenditures. Note 3: Equal to 80%of Fares Note 4: Equal to 20% of Fares 6 23,522 1 9,036 -8- 433 Table 3 Lummi Island Ferry 14-Year Capital Program All in 000's Table 3 Expenditures 2019-2032 Page 1 Category 2019 1 2020 1 2021 2022 12023 2024 2025 Operating Expenses Vessel Operations Personnel 1,400 1,428 1,457 1,486 1,515 1,546 1,577 Fuel & Operating Supplies 770 793 817 841 867 893 919 Insurance 62 64 66 68 70 72 74 Other Operating Expenses 120 125 130 135 140 146 152 Total Vessel Operations 2,352 2,410 2,469 2,530 2,592 2,656 2,722 Other Operations Administration 440 340 347 354 361 368 375 ParkinE Lots Lummi Island 10 10 10 11 11 11 11 Gooseberry Pt. 5 5 5 5 5 6 6 Staging Areas Lummi Island 28 29 30 31 32 32 33 Gooseberry Pt. 9 9 10 10 10 10 11 Docks Lummi Island 100 70 71 73 74 76 77 Gooseberry Pt. 390 380 388 395 403 411 420 Ticketing Improvements 500 25 25 26 26 Queue Monitoring 100 2 2 2 2 Total OperatingExpenses 3,334 3,253 3,930 3,435 3,515 3,599 3,683 Capital Expenditures Structural Steel Repair and Painting at Both Terminals 650 Lummi Island Breakwater Replacement 1,750 Replacement of Whatcom Chief & Terminal Modifications Desi n 500 100 Right of Way 50 Boat Construction 14,350 Marine Structures Modifications Construction (both terminals) 9,000 Improvements at Lummi Island 1,500 -Upland Structural Repair at existing Gooseberry Point Terminal Relocation of Gooseberry Point Terminal Environmental Review 200 100 Right of Way 50 50 50 50 50 50 50 -Design/Permitting 2,500 Terminal Construction Upland Improvements/Parking Expansion 'Total Capital Program Costs 3,200 250 50 501 50 24,900 2,550 'Total Costs 1 6,534 3,503 1 3,980 1 3,485 L 3,565 28,499 6,233 434 Lummi Island Ferry 14-Year Capital Program All in 000's Table 3 Expenditures 2026-2032 Page 2 Category 2026 2027 2028 2029 2030 2031 2032 Operating Expenses Vessel Operations Personnel 1,608 1,640 1,673 1,707 1,741 1,776 1,811 Fuel & Operating Supplies 947 975 1,005 1,035 1,066 1,098 1,131 Insurance 76 79 81 83 86 88 91 Other Operating Expenses 158 164 171 178 185 190 196 Total Vessel Operations 2,789 2,859 2,929 3,002 3,077 3,152 3,229 Other Operations Administration 383 391 398 406 414 423 431 Pa rki ng Lots Lummi Island 11 12 12 12 13 13 13 Gooseberry Pt. 6 6 6 6 7 7 7 Staging Areas Lummi Island 34 35 37 38 39 40 41 Gooseberry Pt. 11 11 12 12 12 18 19 Docks Lummi Island 79 80 82 84 85 87 89 Gooseberry Pt. 428 437 445 454 463 472 482 27 27 28 28 29 29 30 2 2 2 2 2 2 2 Total Operating Expenses 3,771 3,860 3,951 4,0451 4,141 4,243 4,343 Capital Expenditures Structural Steel Repair and Painting at Both Terminals Lummi Island Breakwater Replacement Replacement of Whatcom Chief & Terminal Modifications -Design of Way -Right Boat Construction Marine Structures Modifications Construction (both terminals) Upland Improvements at Lummi Island Structural Repair at existing Gooseberry Point Terminal 4,500 Relocation of Gooseberry Point Terminal Environmental Review Right of Way 50 50 50 50 50 50 50 Design/Permitting Terminal Construction 23,500 Upland Imorovements/Parking Expansion 9,000 Total Capital Program Costs 4,550 50 50 50 50 23,550 9,050 Total Costs 8,321 3,910 4,001 4,095 4,191 27,793 13,393 435 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018 - 239 CLEARANCES Initial Date ,,., ---- Council 8/1/2018 Division Head: Dept- Head: Prosecutor: Date Received in Council Executive: f f TITLE OF DOCUMENT: Appointment to fill vacancy on Business and Commerce Advisory Committee ATTACHMENTS: application tidu Date :9ssi fined to: 9/11 /2018 Introduction 9/25/2018 Council SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Applicant: Clark Campbell 1 Vacancy representing for -profit entity in Recreation - 2 year term The committee will advise the Whatcom County Council on issues, including regulations and policies that could impact local businesses, industry, or economic development. COMMITTEE ACTION: Related County Contract #: COUNCIL ACTION: 9/11/2018: Introduced 7-0 Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Corrnty's website at: iv'viv.co. ivhtttcoitt. wa. trsle-ouitcil. 436 A � (C � � V 1� D) AGM �04 �p COUNCILMEMBERS: JACK LOUWS P AUG 01 202 Timothy Ballew II ti County Executive Barbara E. Brenner 3 -� WHATCdnli COUNTY Barry Browne Barry Buchanan COUNCIL Tyler Byrd �As►vir��tot Todd Donovan Satpal Sidhu APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS i I Name: (fLAA. le- L P f3f--CA_ Date: 7 Street Address: D i 5 ic�>., 'T - ^ City:. �c-L. } •ti_..� lr Zip Code: �Z Mailing Address (if different from street address): Day Telephone: �161 Ag. Z2Z�Evening Telephone: Cell Phone: E-mail address: e—-A-0-te, s&— � } 1 j fir►-414 _ N 1. Name of board or committee -please see reverse: 2. You must specify which position you are applying for. Trt_- € Please refer to vacancy list. ' lR(__C.TLEAr_____^-) A91/lr � 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.) - - _____...... _..__...______ (L<yes ( ) no 4. Which Council district do you live in? - ( ) One (%-')"Two ( ) Three ( ) Four ( ) Five 5. Are you a US citizen?-----------------------------------------------------------------._ 6. Are you registered to vote in Whatcom County? ------------------------------------- 7. Have you ever been a member of this Board/Commission?---- If yes, dates: _____________ (%-Kyes ( ) no ------------- Oyes ( ) no -__--._._.-...._ ( ) yes �-<n o 8. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ------------------------------------ •---- ( ) yes (v(no If yes, please explain: 9. Have you declared candidacy (as defined by RCW 42.17A.055, see instructions) for a paid elected office in any jurisdiction within the county? -.__..._ .............._.._....-.-.-........ --- ....._._......._.....__...-._.__-.__......._._.._...-._.___..---- ( ) yes (�o You may attach a resum6 or detailed summary of experience, qualifications, & interest in response to the following questions, 10. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and edu ation. '` SEA L1,J le- &t t = cr lu�t� 1 IJ � � s� t � , Lo . .n7 �G L-AR.LLe 11. Please describe why you're interested in serving on this board or commission: "t,_A3 6, References (please include daytime tel hone n imb'e1r): ��� �t5��t-'� - [� �x��- •2��T�-L r1.��.ti r� +SET — 3� 7 `f •3� `1�iQ 5 R, Ls� s r �r7 L�.� Signature of applica 310 zc=� 177 7 THIS IS A PUBLIC DOCUMENT: As i candidfFtc-fo 5 public board or commission, ti_e� information will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. 2ot�� /���'� ys� �-•� �� '� Lr� e��.5 Cu�T7n-. c ,r-o �,r z y- -�/ �-�►- 37 5 -­�7-r fs . o-J A 14,, c L ` r1/ L. �� *-sty . ,ti 3 �a-e o... P r �.6�1C i i L1 �✓� '�1�� t �] �/��L� WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2018-267 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Sm 9112118 9125118 Council Originator: r Division Head: -d 'Z tYl o.i I&P '2018 SE 17 Dept Head: Prosecutor: WFLATCOM COWIJITY Purchasing/Budget: A �,,JUNGIL CC Executive: TITLE OF DO IVT.• Appo KU intments to the Whatcom County Veteran's Advisory Board ATTACHMENTS: Applications for Appointment, 9111118 Memorandum re nominations 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 RCWor WCCas appropriate. Be clear in explaining the intent of the action.) County Executive Jack Louws requests confirmation of his appointments of Lynne Graham and Andrea Vance to the Whatcom County Veteran's Advisory Board. COMMITTEE ACTION. • COUNCIL A CTION,• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.uslcouncil. WHATCOM COUNTY Health Department TO: FROM: DATE: RE: Jack Louws, County Executive Elizabeth Harmon -Craig, Veterans Specialist September 11, 2018 Regina A. Delahunt Director Greg Stern, M.D. Health Officer Nomination for Initial Appointment to the Veterans' Advisory Board Two positions on our Veterans Advisory Board (VAB) are currently vacant due to two resignations. Ms. Heather Mueller resigned to move out of state to care for her family. Mr. Christopher Brown has chosen to resign in order to pass his position to Ms. Lynne Graham (a fellow Vet Center colleague.) This office would like to recommend Ms. Lynne Graham and Ms. Andrea Vance for appointment to the VAB to fulfill these vacant positions. Ms. Lynne Graham is a 20 year veteran of the Air Force who has volunteered at the Vet Center as a Veterans Service Officer for the past three years. Ms. Graham also interns at the Vet Center in Bellingham as part her Masters of Social Work Program through the University of Washington. Ms. Graham is expected to hire on at the Vet Center as the Military Sexual Trauma counselor at the completion of her degree. Ms. Graham's position on the Board would continue representation of the Vet Center in Whatcom County Veterans' policy planning. Ms. Andrea Vance is an Army combat Veteran of Operation Joint Endeavor. She has worked within the Veterans Affairs system for the past fifteen years at all levels from clinician to homeless housing case management. She currently works locally with veterans as a therapist under the Veterans Affairs' CHOICE Program. Her experience and knowledge of the Veterans Affairs Administration will be extremely helpful in crafting future programs. Both Ms. Graham and Ms. Vance bring a breadth of experience and diverse background to our Veterans Advisory Board. Their input will be essential in planning future programs for Whatcom County veterans. Thank you for considering these recommendations for appointment. ENVIRONMENTAL HEALTH 509 Girard Street COMMUNITY HEALTH 1500 North State Street HUMAN SERVICES Bellingham, WA 98225-4005 PUBLIC HEALTH CLINICAL SERVICES Bellingham, WA 98225-4551 ADMINISTRATION (360) 676-6724 AWAYS WORKMO RM A 3/j?=R 1.ND DISEASE RESPONSE (360) 676-4593 FAX (360) 676-7646 HEALTHIER WASHINGTON FAX (360) 67647M JACK LOUWS cOUNCILMEMBERS: County Executive �� i� `cOu Barbara E. Brenner r �A Rud Browne DEC ® 7 2017 Barry Buchanan Todd Donovan Ken Mann JACK LOUWS Satpal Sidhu COUNTY EXECUTIVE Carl Weimer APPLICATION FOR APPOINTMENT T®1Ai►HATCOM COUNTY SOARS AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name: Street Address: City: _ Date: i 1 I�o 12 Mailing Addres�(if different from street address): S0-M b Day Telephone: Evening Telephone: Cell Phone: 1150 ' Kea - 6 Y 3S E-mail address: �GI, ���a� ®h��'�Gt • GDtY� 1. Name of board or committee -please see reverse: 2. You must specify which position you are applying for. !1^ Please refer to vacancy list.���d �C1C 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.)--_.--..._._._......_.._..___.__..---.--_.-_.._._._.---- -.------__._.....--..._....-- �() yes ( ) no 4. Which Council district do you live in?----- - ---- -- - --- -- O One O Two (A -Three O Four O Five 5. Are you a US citizen? ---- _.__.-_.__.__...--- ._...-..._.___.._.__.._.._-..___ __.____--._---- ..-._- ---- _-..--- .___ W yes ( ) no - 6. Are you registered to vote in Whatcom County? ------- 0 yes ( ) no 7. Have you ever been a member of this Board/Commission?--------------------------------- -------- - ( ) yes no If yes, dates: 8. Do you or your spouse have a financial interest in or are you an employee or officer of any �/ business or agency that does business with Whatcom County? - - - --- - -- --- - -- O yes `/) no If yes, please explain: 9. Have you declared candidacy (as defined by RCW 42.17A.055, see instructions) for a paid elected office in any jurisdiction within the county? ------__..__.._._..__._.__._.__.._.__._ --- ...-.___......-._ ( ) yes 0 no You may attach a resume or detailed summary of experience, qualifications, u interest in response to the following questions. 10. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. 11. Please describe why you're interested in serving on this board or commission: J �JC�� hrv�� 0 ��ef _�'1Ti ok` tdo rL cU I I n�JJ- cLm� 6 'D(YW i�4QQ LA.0 )" 4k4, VCS I rn ol.�( ,J o * c s c� �ti l) z w�i V� References (please include daytime telephone number): tI�G �G 0 A 7 _ P Signature of applicant: c s s ` r t C. �"it .'.`, € .� r , �. .:, r ,r,-: h t i� � �r.»; ; y' rK' • . i , , L. • t � ; � ..; - �" ` fh �_ �. 4 ;! .�. : 1 ; ,Y r -� j : t �; : r a ,. ; ;►� t a � ;n - a �� � �► 'k C r, ; ;.. s x .Yi . 7 eit - , � f ` ! . �. ►` i •� ' Me Lynne Graham 174 Harbor View Drive Bellingham WA 98229 850-862-9835 castle4224@hotmail.com SUMMARY Retired United States combat veteran and senior leader with 20 years of service transitioning from active duty to Social Work + Masters in Social Work, University of Washington, WA Present + Bachelor of Science, Political Science, Troy University, AL June 2009 + Associates of Applied Science, Air University, AL Jan 2005 + Associate in Arts, Social Science, Yuba College, CA May 2001 + Air Force Leadership Schools, Air University, AL Dec 2011 Commercial Sexual Exploitation of Children, Suicide Awareness/Prevention, Equal Opportunity/Prevention of Sexual Assault, Free Exercise of Religion, Sexual Assault Prevention and Response, Culture/Diversity, Combating Trafficking in Persons, Domestic Violence/Sexual Assault Advocacy, Process Improvement, Leading Teams with Emotional Intelligence, Change Management, Professional Management, Operational Risk Management for Leaders EMPLOYEMENT HISTORY: United States Air Force Oct 1994-Jan 2015 Superintendent, Chemical -Biological Defense Systems Branch Led Air Force wide inventory that procured over $850,000 in life-saving chemical warfare defense equipment for aircrews and saved $500,000 via redistribution Superintendent, 9' Physiological Support Squadron Developed policies and procedures, authored emergency response regulations, checklists and training plans for flightline technicians creating standardize programs Section Chief, Full Pressure Suit Education and Training Managed the Department of Defense's only Full Pressure Suit education course, developed and implemented a 9-week training plan for newly assigned personnel which reduced prior certification time by 33% and saved 212 instructor man hours annually LEADERSHIP EXPERIENCE Air Force Senior Non -Commissioned Officer (SNCO) Honorably Discharged (retired) Led activities of 103 personnel to include effectively managing training and certification requirements, scheduling and completion of daily tasks, managed $40M in assets, 9 sections with different specialties + Instituted new operational programs, configured new work spaces, established supply chains within strict budget constraints and timeline requirements + Served as Executive Leadership's communication liaison for the Base Crisis Action team, responsible for maintaining vital communication link between organization and leadership during emergency situations 441 Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT.' As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Last Name Date Street Address City Zip Do you live in & are you registered to vote in Whatcom County? Do you have a different mailing address? Mailing Address Primary Telephone Secondary Telephone Email Address 1. Name of Board or Committee 2. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district do you live in? 4. Are you a US citizen? 5. Are you registered to vote in Whatcom County? Andrea Vance 12/28/2017 2200 22nd St Bellingham 98225 Yes YES 336 36th St, PMB 647 Bellingham, WA 98225 5033096975 360-755-2523 andrea.vance@outlook.com Veteran's Advisory Board Yes District 1 Yes Yes 442 6. Have you declared candidacy (as No defined by RCW 42.17A.055) for a paid elected office in any jurisdiction within the county? 7. Have you ever been a member of No this Board/Commission? 8. Do you or your spouse have a No financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume or detailed avresume.pdf — attached summary of experience, qualifications, & interest in response to the following questions 9. Please describe your occupation (or I am a licensed, Master's level Social Work professional with over 15 years of former occupation if retired), experience working with Veterans in housing, medical, mental health and qualifications, professional and/or substance abuse treatment. I am also a Veteran, having served in the Oregon National Guard for ten years, as well as deployed overseas on Active Duty during community activities, and education Operation Joint Endeavor. I feel am uniquely qualified to serve on the Veterans Advisory Board as a social worker who is committed to social justice, a Veteran, a woman and a mental health professional who has worked for the VA most of my career. As a health care provider and housing advocate, I understand the resources available to Veterans in our county along with the barriers to access these resources. I think the combination of my professional and personal experiences make me an excellent candidate for the Veterans Advisory Board. 10. Please describe why you're As a relatively new arrival to Whatcom County (2013), 1 am working to become interested in serving on this board or more involved in my neighborhood and my community. I feel the voice of a female commission Veteran on the County Veteran Advisory Board is not only desirable, but crucial as the Board advises the County Council and County Executives on the needs of the Veterans of Whatcom county. Often, the experiences and needs of female Veterans are overlooked by both the VA and agencies serving these Veterans and their families. As someone who is a strong advocate for female Veterans, who is a Veteran myself and who has been a provider for Veterans, I feel I can speak to the specific needs of female Veterans. The number of female Veterans is expected to double by 2045, while the number of male Veterans are expected to drop by half. It will be even more important to consider carefully the needs of female Veterans and their families in the future. I would welcome the chance to continue my advocacy work for Veterans at the county level, and to have a chance to influence policy and effect change for some of the most vulnerable Veterans of Whatcom County. References (please include daytime Dane Olsen, combat Veteran and VA HUDNASH (Housing) Social Worker at telephone number): Seattle VA - 206-450-4219 Megan Herrenkohl, VA HUDNASH (Housing) Social Worker at Seattle VA - 206-786-1409 Signature of applicant: Andrea Vance Place Signed / Submitted Bellingham, WA Ma ANDREA VANCE 2200 22"d St. Bellingham, WA 98225 1 503-309-6975 1 andrea.vance@outlook.com SUMMARY OF QUALIFICATIONS Licensed Independent Social Work professional with over 15 years of experience providing patient focused therapeutic interventions including crisis management, risk assessment, individual and group therapy, expert consultation, utilization management, individualized case management and care coordination. Specialization in advocacy for Veterans and treatment/care coordination of issues specific to the Veteran population, including VA eligibility and benefits. Strong assessment and treatment coordination skills; solid knowledge of local, state and national social service resources and experience with complex situations requiring creative problem solving. Comfortable working in multiple settings (inpatient, outpatient, crisis, home based) with clients from a wide array of socio-economic backgrounds and with issues including medical, mental health, substance abuse and social components. Skilled in program evaluation/implementation, graduate student supervision and supervision for licensure. PROFESSIONAL EXPERIENCE Behavioral Health Utilization Management Clinician, Clinical Services Team January 2016 to present Cambia Health Solutions — Burlington, WA Performs utilization review and care management for Behavioral Health, including substance abuse services provided to members. Ensures that medical necessity and quality of care guidelines are met across all levels of service, from acute care to outpatient services. Ensures that NCQA, URAC and HIPAA standards are met, assists in coordination of care as necessary, including discharge planning and referrals. Familiar with InterQual, MCG (Milliman) and other managed care guidelines. Effectively manages workflow and prioritizes tasks in a high volume, fast paced work environment. Social Worker, Community Housing and Outreach Services October 2014 to December 2015 VA Puget Sound Health Care System — Everett, WA Provided intensive case management support for Veterans and their families in the Housing and.Urban Development Veterans Affairs Supportive Housing program, including outreach, referrals and care coordination for homeless Veterans of all eras (WWII to present) in Snohomish, Island, Skagit and Whatcom counties. Senior Social Worker, Primary Care Mental Health Team April 2013 to October 2014 VA Puget Sound Health Care System — Mount Vernon, WA As a collaborative member of the Primary Care and Mental Health teams, provided assessment and therapeutic services for Veterans in a large Community Based Outpatient Clinic. Provided consultation/education to medical staff regarding the behavioral health needs of patients and how behavioral health issues impact medical issues/treatment and continuity of care. Provided individual, couples, group and telehealth remote counseling services. Evaluated patients for access to acute care services through Psychiatric Emergency Services (PES) at Seattle VA Hospital. Senior Social Worker, Primary Care Mental Health Integration April 2012 to April 2013 VA Montana Health Care System - Kalispell, MT Implemented Primary Care Mental Health Integration program in a Community Based Outpatient Clinic (CBOC) serving 5,000 Veterans in a rural community. Provided direct patient care in Behavioral Health, both onsite and offsite using Telehealth technology and provided consultative and educational services to Primary Care multi -disciplinary teams. Provided local support for Military Sexual Trauma outreach project and screening of The Invisible War. Emergency Department Social Worker, Chaplain and Social Work Service August 2009 to April 2012 Portland VA Medical Center, Chaplain and Social Work Service - Portland, OR Provided assessment, referral, care coordination and discharge planning for Veterans as part of a multi -disciplinary team in a busy ER setting. Performed mental health, substance use and cognitive evaluations, consulted with law enforcement and state agencies to protect vulnerable patients. As Living Renal Donor Advocate, worked with living renal donors to ensure appropriate care and adherence to LINOS guidelines. Provided supervision for graduate level interns. iiA Home Health Social Worker April 2008 to August 2009 Portland VA Medical Center, Home Based Primary Care — Portland, OR Provided independent assessment of patients in the home setting, including mental health and cognitive Evaluations. Provided structured case management, advocacy and resource brokering with care coordination as part of a multi -disciplinary team including nurses, physicians, occupational and physical therapists and other allied health professionals. Primary Care Social Worker July 2007 to April 2008 Portland VA Medical Center, Primary Care Clinic - Portland, OR Provided independent assessment and intervention for primary care patients seeking assistance with a variety of social, psychological, and medical issues. Provided social work consultation to Traumatic Brain Injury (TBI) and Geriatric specialty clinics, provided case management services as a member of a multi -disciplinary team including referrals to housing, mental health, occupational, legal, social and spiritual community/VA resources. Substance Abuse counselor (Social Worker) July 2003 to July 2007 Portland VA Medical Center, Substance Abuse Treatment Program - Portland, OR As part of a multi -disciplinary team, provided assessment, evaluation and treatment for veterans attending outpatient substance abuse treatment program using evidence based treatment modalities including Dialectical Behavioral Therapy, Rational Emotive Therapy, Gorski's Relapse Prevention techniques and Motivational Interviewing. Provided case management services including referrals to appropriate housing, mental health, occupational, legal, social and spiritual community/VA resources. Therapist/Social Work Intern September 2002 to May 2003 Portland VA Medical Center, Mental Health Clinic — Portland, OR Worked collaboratively with VA Mental Health care providers/programs to provide individual, couples, group and family therapy for veterans and eligible others experiencing a variety of psychiatric or social problems. Referred clients to VA and community resources as needed, and provided case management where indicated. Case Manager November 2000 to January 2003 Transition Projects, Rehabilitation Services for Homeless Veterans (RSHV) - Portland, OR Served as a Veteran's Administration liaison for a community shelter provider, provided case management and resource referral services to homeless Veterans including mental health, social, legal and employment needs. EDUCATION Masters of Social Work, Portland State University, Graduate School of Social Work, Portland, OR 2003 Bachelor of Science in Psychology, Portland State University, Portland, OR 2001 LICENSURE/CERTIFICATION Unrestricted licensure to practice as an Independent Licensed Clinical Social Worker in WA and OR Ability to provide supervision towards LICSW/LCSW licensure Post -graduate training in Cognitive Behavioral Therapy, Cognitive Processing Therapy, Dialectical Behavioral Therapy, Problem Solving Training and Solution Focused Brief Therapy CIVIC and VOLUNTEER ACTIVITIES Oregon Army National Guard, 1991 to 2000; Active Duty Army, Operation Joint Endeavor, 1996 to 1997 Project Homeless Connect 2006, 2007, 2008, 2012, 2015 Precinct Caucus Chair 2016 Volunteer, Historic Fairhaven Association 2017 Member Disabled American Veterans (DAV) WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018 - 258 CLEARANCES Initial Date Date Received in Council Ot_fice Agenda Dale Assigned to: Originator: 9/11 /2018 9/25/2018 Introduction Division Head: Dept. Head - Prosecutor: Purchasin /Bud et. Executive, HI'LE OF DOCUMENT: Appointment fill vacancy on Lake Whatcom Stormwater Utility Advisory Committee ATTACHMENTS: Application - Nancy Alyanak SEPA review required? ( ) Yes ( ) 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.) Applicant: Nancy Alyanak 1 Vacancy - Applicant must be a geographically representative from within the Lake Whatcom Stormwater Utility Service Area. Applicants must maintain a primary residence within the service area, (See Map) All terms will last until the Lake Whatcom Stormwater Utility rate structure is established. The committee will represent rate payers in the Lake Whatcom Stormwater Utility Service Area and advise Whatcom County Public Works staff and the Whatcom County Council on recommended rate structure options and a funding mechanism. COMMITTEE ACTION: Related County Contract #: COUNCIL ACTION.• Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Countv's website at: www.co.whatcom.wa.us/counciL .W ,ACKLOUWS oM i^� (� r� 1 r �OUNCILMEMBERS County Executive caG 1 LM `ti`� ' 'tea la Timothy Ballew II A Barbara E Brenner x AUG z 7 2018 Rud Browne Lam: Barry Buchanan Tyler Byrd `2 WHATCOM CO UNTy Todd Donopal van �SFIIN��O COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name; Nancy Alyanak Street Address: 4 Sandalwood Cir City: Bellingham Mailing Address (if different from street address): Day Telephone: 360-393-4188 Evening Telephone: _360-393-4188 E-mail address: bc98229@comcast.net 1. Name of board or committee -please see reverse: 2. You must specify which position you are applying for. Please refer to vacancy list. Date: August 24. 2018 Zip Code; 98229 Cell Phone: Lake Whatcom Stormwater Utility Advisory Committee I am applying for the geographic representative vacancy 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.) --- -- - • -• --. ... .. ------- x) yes ( ) no 4. Which Council district do you live in? - ( ) One ( ) Two ( x) Three ( ) Four ( ) Five 5. Are you a US citizen? - ( x) yes ( ) no 6. Are you registered to vote in Whatcom County? ( x) yes ( ) no 7. Have you ever been a member of this Board/Commission? ( ) yes ( x) no If yes, dates: 8. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes ( x) no If yes, please explain: 9. Have you declared candidacy (as defined by RCW 42,17A.055, see instructions) for a paid elected office in any jurisdiction within the county? - - - ( ) yes ( x) no You may attach a r6sume or detailed summary of experience, qualifications, & interest in response to the following questions, 10. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. I am a licensed Professional Geoscientist (TX #1176) with two geology degrees (B.A.& M.S.) and 30+ years industry experience. After retiring here in 2006, 1 became interested in where the phosphorus load in Lake Whatcom comes from and why there is so much of it. I have written numerous public comments to Council and DOE on the subject and regularly attend LWPG and SWWS sessions. I have attended all of the committee meetings to date. 11. Please describe why you're interested in serving on this board or commission: My goal is a fee formula that reflects a property's stormwater impact and will be seen as equitable by area residents. The current effort to place most of the fee on impervious surface focuses on roofs and places the cost burden mostly on homeowners. There are other more equitable choices in fee structure. References (please include daytime telephone number): I think the council members have enough information about me to make a decision without adding references. Signature of applicant: THIS IS A PUBLIC DOCUMENT- As a c4didate for a public board or commission, the above information will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. 447 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018-268 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: GSS 917/18 SEP 17 2018 9125118 Council/Introduction Division Head: GSS 917/18 1019118 Public Hearing Dept. Head: k -117. Prosecutor: KNF 9110118 nHATCry VCOUNTY TY/V Purchasing/Budget. COUNCIL 0 Executive: NO As, TITLE OF DOffJT.• Resolution adopting the Six -Year Water Resources Improvement Program (WRIP), 2019-2024 ATTACHMENTS. ■ Memorandum • Resolution • Six -Year WRIP, 2019-2024 • Pro'ect Narratives SEPA review required? ( )Fes (X) NO I Should Clerk schedule a hearing? (X) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: October 9, 2018 (public hearing required under RCW 86.15.120) SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. Resolution by the Whatcom County Flood Control Zone District Board of Supervisors adopting the Six - Year Water Resources Improvement Program (WRIP) for 2019-2024. The adoption by resolution is pursuant to the Revised Code of Washington (RCW 86.15.110). 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. .W WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JON HUTCHINGS Director MEMO NATURAL RESOURCES 322 N. Commercial St., Suite 110 Bellingham, WA 98225 Telephone: (360) 778-6230 FAX: (360) 778-6231 www.whatcomcounN.us TO: The Honorable Jack Louws, Executive, and Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Jon Hutchings, Public Works Director,' � 1 FROM: Gary Stoyka, Natural Resources Program Manager DATE: September 12, 2018 RE: Six -Year Water Resources Improvement Program (WRIP), 2019-2024 Requested Action: Public Works requests that the 2019-2024 Six -Year Water Resources Improvement Program (WRIP) resolution and its associated exhibits be introduced at the County Council/Flood Control Zone District meeting on September 25, 2018. We then request that a public hearing be advertised for and held at the October 9, 2018 County Council/Flood Control Zone District meeting, with the resolution potentially adopted at said meeting. Background and Purpose: Each year the County updates its Six -Year Water Resources Improvement Program (WRIP) in accordance with RCW 86.15.110. Information: Memorandum to County Executive and Council Exhibit "A" — Resolution adopting the 2019-2024 Water Resources Improvement Program Exhibit "B" — 2019-2024 Water Resources Improvement Program Exhibit "C" — Project Narratives e PROPOSED BY: INTRODUCED: 9f�s/1 RESOLUTION NO. (A Resolution of the Whatcom County Flood Control Zone District Board of Supervisors) WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT SIX -YEAR WATER RESOURCES IMPROVEMENT PROGRAM FOR THE YEARS 2019 THROUGH 2O24 WHEREAS, pursuant to RCW 86.15.110, flood control or storm water control improvements may be extended, enlarged, acquired, or constructed by a zone pursuant to a resolution adopted by the Board of Supervisors; and WHEREAS, Whatcom County Public Works Department on behalf of the Flood Control Zone District has prepared a Six -Year Water Resources Improvement Program for adoption; and WHEREAS, pursuant to RCW 86.15.120, the supervisors shall hold a public hearing prior to adopting the resolution; and WHEREAS, the Six -Year Water Resources Improvement Program attached hereto as Exhibit "A" has been reviewed and determined to be consistent with the County's comprehensive plan and is consistent with the following plans: • Lower Nooksack River Comprehensive Flood Hazard Management Plan, October 1999 • Jones Creek Debris Flow Study, March 2004 • WRIA 1 Salmon Recovery Plan, October 2005 • Birch Bay Comprehensive Stormwater Plan, July 2006 • Lake Whatcom Comprehensive Stormwater Plan, March 2008 • Lake Samish Basin Comprehensive Stormwater Plan, July 2012 • Swift Creek Sediment Management Action Plan, July 2013 • Lake Whatcom Management Program 2015-2019 Work Plan, April 2015 • Nooksack River System -Wide Improvement Framework, June 2016; and Page 1 450 WHEREAS, pursuant to RCW 86.15.110, for constructed improvements the preliminary engineering studies are on file with the Whatcom County Public Works Department; and WHEREAS, pursuant to RCW 86.15.110, the estimated cost of the acquisition or construction of the improvement, together with supporting data is included in the Six -Year Water Resources Improvement Program; and WHEREAS, the improvements will benefit one or more zones, subzones and the county as a whole; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Flood Control Zone District Board of Supervisors as follows: That the Whatcom County Flood Control Zone District Six -Year Water Resources Improvement Program for the years 2019 through 2024, which is attached hereto as Exhibit "A", is hereby adopted. APPROVED this day of , 2018. ATTEST: Flood Control Zone District Board of Supervisors WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Rud Browne, Chair APPROVED AS TO F RM: ehristo n, enior Civil Deputy Prosecutor Page 2 451 as �. .�. �I��sslu .31z w,3 s. V�.4� w# K�� W IeI wt� �.14. 9 cl .�- •3 3ax.mb�a .3 .W. m.z V�6�V .�-x .� ale .�-z ar - m. 3a W m.z- 3a m- W.m. .. dd mip �x,�3aa3x� m 3 3 z _ 3 s 3 =��a2ata h N. u1r�:.xm..�x�zrcSY't5 •3.x 3. ..3 � I w w • � u�'i r m w3usa�:3a mdIff .� " a £ a&rrax 3 w�; .IVEiT 4r ska waz zelZ. 16 ia! 3 L � l`rn r.� .zz ��v! &1 5 rig V er- 'v 5 = wRW ,,Qz , S I N 91 e= i I iI 1 I W 3.s e, alp age .•.3z _ oaa�� - 3 -. - ..3 ma �a 3 3a.av:.s�� #~ ...` { wa3:4z, 111 �a�a�axa�aa � _ i f 1 wo N1�� 1... •N ... 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[ d 8 C E,_ 2 ui iE •3 9 '% a 3 .. :$ i via v� 5 a c, o� =o S I I w�l= e3ala al�lad,=l� a�:3 .aa 'a'uwae it- dra N.— 4 aw¢a:3 I.3r:sa� 9 r:a3la'a: ZKaaaaa, tar3"P33a W�-6t a8 Sdr: 3Sra6 5:a I = a aia� a' a r1a f 1r1�3k=-r:bbd�- =�alak3:�a'$daaX'd0..&''aa:ba3 �&�$ai a a uMB T 1 I Asa � � �, - I � �� �• �� I I F J. irla3��aaav3•b3V.3aa .5 —ur'31r�3aiNav adI.,a iI a,22V�,�S�tit3 M�z5w- �3 n m a,3a =� a aalaxSala43a6a6r a3wS�:aaa�aZaalaa'31Sx'Isa& a:a � I I " j Zia al3r:SSaarar• � a 31���� i u�I �•be'I .b4awaw 0 8 8 8 8 8 8 8 8 8 8 0 0 8 06 ordd S E G d - 4 o w u S q ¢ c o a' a m o f 3 N Q N 3 E d $ q a v LL LL t 3 B $ a ,ego 7 �' E q N 3 E .� a $ o E a o E^ �3 = v a S. 9 g E ; `n o it 25 453 Whatcom County Public Works — Stormwater/NPDES Division Project Narrative 2019-2024 Six -Year WRIP Item No. 1 Agate Heights Stormwater Project Phase 2 Database ID No. 07-102 Construction Funding Year(s): _ 2019 Project Narrative: System upgrades to improve water quality through installation of treatment vaults. Project Status: Preliminary engineering design began in 2017. Construction is scheduled to take place in the summers of 2019 during the Lake Whatcom wat re shed work window. Total Estimated Project Cost: $1,000,000 Expenditures to Date: $150,000 ` 454 Whatcom County Public Works — Stormwater/NPDES Division Project Narrative 2019-2024 Six -Year W RI P Item No. 2 Northshore Drive, East of City Limits Database ID No. 14-002 Construction Funding Year(s): 2020 Project Narrative: System upgrades to improve water quality including bio-infiltration swales to reduce ditch erosion. Project Status: Design in 2019 with construction in 2020. Total Estimated Project Cost: $740,000 455 Whatcom County Public Works — Stormwater/NPDES Division 2019-2024 Six -Year WRIP Project Narrative Item No. 3 Silver Beach Creek — Main Channel Database ID No. 07-095 Construction Funding Years): 2021 Project Narrative: Restoration of the main channel of Silver Beach Creek below Hillsdale using natural vegetation. Project Status: Preliminary engineering design is anticipated to begin in 2019 the Lake Whatcom watershed work window. Total Estimated Project Cost: $1,040,000 . Construction to take place in the summer of 2021 during 456 Whatcom County Public Works — Stormwater/NPDES Division 2019-2024 Six -Year WRIP Project Narrative Item No.4 Sudden Valley Database ID No. 13-004 Construction Funding Year(s): 2022 Project Narrative: Drainage system upgrades including bio-infiltration swales and media filter drains in Sudden Valley. Project Status: Preliminary engineering design is anticipated to begin in 2019. Construction will take place in the summer of 2022 during the Lake Whatcom watershed work window. I , Total Estimated Project Cost: $750,000 457 Whatcom County Public Works — Stormwater/NPDES Division Project Narrative 2019-2024 Six -Year WRIP Item No. 5 Lowell Drive and Cedarbrook Court Database ID No. 14-003 Construction Funding Year(s): 2023 Project Narrative: End of pipe media filtration and natural drainage system improvements. Project Status: Design in 2021 with construction in 2023.. Total Estimated Project Cost: $790,000 Whatcom County Public Works — Stormwater/NPDES Division Project Narrative 2019-2024 Six -Year WRIP Item No. 6 Construction Funding Year(s): Project Narrative: Glen Cove Lane and Lakeside Street Database ID No. 15-002 2024 System upgrade to improve water quality--bioinfiltration swales, filter vaults, media filter drains, and rain gardens. Project Status: Design in 2022 with construction in 2024. Total Estimated Project Cost: $620,000 459 Whatcom County Public Works — Stormwater/NPDES Division 2019-2024 Six -Year WRIP Project Narrative Item No. 7 South Bay Drive Database ID No. 16-010 Construction Funding Year(s): 2025 Project Narrative: System upgrades to improve water quality (treatment vaults and bio-infiltration swales). Project Status: Design in 2023 with construction in 2025. Total Estimated Project Cost: $820,000 M Whatcom County Public Works — Stormwater/NPDES Division 2019-2024 Six -Year WRIP Project Narrative Item No. 8 Strawberry Point / Lake Whatcom Boulevard Database ID No. 17-001 Construction Funding Year(s): 2026 Project Narrative: ` System upgrades to improve water quality (treatment vaults and bio-infiltration swales). I Project Status: Design in 2024 with construction in 2026. Total Estimated Project Cost: $400,000 461 Whatcom County Public Works — Stormwater/NPDES Division 2019-2024 Six -Year WRIP Project Narrative Item No. 09 Birch Bay Drive & Petticote Lane Storm Drain Improvements (PW-2 & PW-3) Database ID No. 07-242 Construction Funding Years : 2019 Project Narrative: This project aims to reduce beach and bluff erosion on Point Whitehorn by bypassing the current failing outfall pipe and routing water to an existing discharge point just east of Point Whitehorn Road. Drainage along Birch Bay Drive between Holeman Avenue and Point Whitehorn Road will also be improved by replacing and upsizing catch basins, upsizing conveyance pipes and reestablishing ditches. Project Status: Design is underway and construction is scheduled to take place in 2019. Bluff stabilization measures are anticipated for the fall of 2018. Total Estimated Project Cost: $1,064,500 Expenditures to Date: $187,000 r 1•r[�L � �� z o � � M Ate- N .��# . .. m ❑ IF r UJ - F � GRANaVIENJ,Ro 462 Whatcom County Public Works — Stormwater/NPDES Division Project Narrative 2019-2024 Six -Year WRIP Item No. 10 Harborview Road & Birch Bay Drive Drainage Improvements, Phase 1 Database ID No. 07-217 Construction Funding Year(s): 2020 Project Narrative: This project involves upsizing the upland drainage system along Harborview Road from the intersection of Birch Bay Lynden Road to Birch Bay Drive, improving drainage along a portion of Birch Bay Drive, and connecting the existing drainage system into a new marine outfall into Birch Bay. Water quality treatment will be included if suitable sites exist. Project Status: Design will be completed in 2018, permitting in 2019, construction in 2020. Total Estimated Project Cost: $1,655,000 Expenditures to Date: $300,000 463 Whatcom County Public Works — Stormwater/NPDES Division Project Narrative 2019-2024 Six -Year WRIP Item No. 11 Lora Lane Drainage & Tide Gate Modifications (TC1-2) Database ID No. 18-008 Construction Funding Year(s): Project Narrative: 2021 The project involves replacing the existing flap gate structure with a self-regulating side -hinged tide gate that would aim to improve drainage from the ditch bordering Leisure Park at Lora Lane and improve fish passage. The embankment surrounding the tide gate would be repaired and stabilized and the culvert passing under Birch Bay Drive from the tide gate would be repaired and connected to a stormwater vault east side of Birch Bay Drive, which would allow access for maintenance. Project Status: Preliminary engineering design will begin in 2019 and be completed in 2020. Construction is scheduled to take place in 2021. Total Estimated Project Cost: $450,500 I M Whatcom County Public Works — Stormwater/NPDES Division 2019-2024 Six -Year WRIP Project Narrative Item No. 12 Semiahmoo Drive Drainage Improvements - North (BP-2) Database ID No. 18-009 Construction Funding Year(s): 2022 Project Narrative: This project will improve the conveyance system along the east side of Semiahmoo Drive by upsizing pipes and reestablishing ditches to reduce flooding. Project Status: Design is anticipated in 2020 and construction scheduled to take place in 2022. Total Estimated Project Cost: $200,000 6 UJ fir.+`'.: l,.F ••� .. 4�� _�'���r'k -N ..•+ 'BIRCH POI NTRD'`- ` 1:• Y4k. r ) "' L s I.srr511L15H.RD. + •. ti '•r.. YLS . � Y. J +•mot ! 5z 465 Whatcom County Public Works — Stormwater/NPDES Division Project Narrative 2019-2024 Six -Year WRIP Item No. 13 Holeman Avenue Storm Construction Funding Year(s): Project Narrative: Drain Improvements Database ID No. 07-242 2023 The project goal is to reduce roadway flooding on Holeman Avenue by replacing undersized pipe and catch basins and re-establish existing ditch to match pipe invert elevations. This area is particularly sensitive due to the steep, unstable bluff along the shoreline and the concern is that flooding could lead to bluff failure and property damage. This is a critical public safety issue. Project Status: Design is anticipated in 2021 and construction scheduled to take place in 2023. Total Estimated Project Cost: $285,000 M Whatcom County Public Works — Stormwater/NPDES Division 2019-2024 Six -Year WRIP Project Narrative Item No. 14 Wooldridge Avenue Storm Drain Improvements (TC-2) Database ID No. 13-007 Construction Funding Year(s): 2024 Project Narrative: This project will improve the conveyance system along Wooldridge Avenue, Jackson Road and Sunset Drive by upsizing pipes, installing or replacing catch basins and culverts, reestablishing roadside ditches, installing a water quality filter vault and 100 linear feet of water quality treatment swale. Project Status: Design is anticipated in 2022 and construction is scheduled to take place in 2024. Total Estimated Project Cost: $1,220,000 c. KEY 5T v¢ BAt Q 'r s. —i�L_ e • - cn w- W-1 467 Whatcom County Public Works — Stormwater/NPDES Division Project Narrative 2019-2024 Six -Year WRIP Item No. 15 Semiahmoo Drive Drainage Improvements - South (BP-5) Database ID No. 18-010 Construction Funding Year(s): 2025 Project Narrative: This project will improve the conveyance system along the east side of Semiahmoo Drive by upsizing pipes and deepening exiting ditches to reduce flooding. Project Status: Design is anticipated in 2023 and construction scheduled to take place in 2025. Total Estimated Project Cost: $300,000 1 y�k, tit* r �: . �•.�yS, NAP •� .I ":.154'► - �tr.; _ A O APONT C�:1:1 Whatcom County Public Works — Stormwater/NPDES Division Project Narrative 2019-2024 Six -Year WRIP Item No. 16 Birch Bay Drive and Pedestrian Facility Database ID No: 07-030 Construction Funding Year(s): 2019-2021 Project Narrative: This project is located parallel to Birch Bay Drive from Cedar Avenue to the mouth of Terrell Creek. This is an approximate 1.5 mile natural beach berm with pedestrian facility to provide soft -shore erosion protection, habitat enhancement, and encourage pedestrian use along Birch Bay Drive. This multi -beneficial project is included in the Six - Year WRIP to reflect contributions from TAP road funds, STP road funds, WC Road fund, BBWARM, REET, and EDI. Project Status: Project is currently on hold until permits can be secured. Construction is scheduled to begin 2019 with completion spring of 2021. To lessen impacts to the tourist economy and aquatic habitat issues, the construction window for each year will begin after Labor Day and suspend prior to Memorial Day. STP Road $2,550,000 TAP Road $620,000 WC Road $6,785,000 REET $745,000 EDI $500,000 BBWARM: $250,000 Total. $11,450,000 �7- r yHibp+l r ' -.!� ?tic P.+� .. .. L •'� w'�wa .�.,a ..•I � �"11 S ----"�Hnc Knurl nv _ ,,.I 'emu • I rHn, H iln ��Site:� Lr�c•�rti�irr� �'A Hwy ' 16 ee Whatcom County Public Works — Surface Water Division 2019-2024 Six -Year WRIP Project Narrative Item No. 18 Marietta Acquisition Database ID No. 07-002 1 Construction Funding Year(s): 2001 - Present Project Narrative: Acquire residential properties in the frequently -flooded repetitive flood loss area of Marietta. Remove existing structures and restore properties with native vegetation. Project Status: Property acquisition began in 2001 and is ongoing. As properties are acquired through tax title sales, purchases are funded with hazard mitigation, habitat restoration grants, and FCZD funding, structures are removed and native vegetation is planted. All acquisitions are voluntary and the project is ongoing as current property owners decide to sell their properties. Estimated project cost includes some funding for cleanup of up to four former gas stations, though the exact nature of the work is still undefined. Total Estimated Project Cost: $3,500,000 Expenditures to Date: $2,046,000 18 471 Whatcom County Public Works — Surface Water Division Project Narrative 2019-2024 Six -Year WRIP Item No. 19 Truck Road Emergency Erosion Protection Database ID No. 18-002 Construction Funding Years) 2018-2019 Project Narrative: The project is located along Truck Road about 0.3 miles easterly from Mt. Baker Highway (SR 542). During high-water events of the 2017/2018 winter, the North Fork Nooksack River eroded the unprotected bank of Truck Road to within 13 feet of the roadway surface. This prompted an emergency proclamation on February 9, 2018, to facilitate the immediate protection of the roadway. Work included construction of a passive (buried) 350 foot long riprap revetment along the riverward edge of the existing roadway. The new revetment ties into an existing revetment located immediately upstream of the project. The work also included placement of two passive habitat structures in the floodplain between the river and the revetment along the downstream 175 foot segment. Project Status: Emergency work started on February 16 and was finished on March 12, 2018. The roadway within the construction zone is still not surfaced pending anticipated settling of the roadway. The downstream 175 feet of revetment was fully mitigated by installing the two habitat structures. Mitigation for the upstream 175 feet of revetment has yet to be determined. Total Estimated Cost: Expenditures to Date: $541,000 $471,000 472 19 Whatcom County Public Works — Surface Water Division 2019-2024 Six -Year WRIP Project Narrative Item No. 20 Marine Drive Levee Repair Database ID No. 15-004 Construction Funding Year(s): 2018-2019 Project Narrative: The Marine Drive Levee provides flood protection during smaller, more frequent floods to the Marietta area and Slater Road. Over the past few years, overtopping has caused damage to the backslope of the levee. The levee is located on property owned by the Washington Department of Wildlife who is managing the property for wildlife. The project involves restoring the levee crest and backslope to the original geometry while trying to minimize the impacts to existing vegetation. Project Status: The project was constructed in summer 2018. Mitigation planting will occur from fall 2018 through spring 2019. Total Estimated Cost: $286,000 Expenditures to Date: $281,000 20 9*1 Whatcom County Public Works — Surface Water Division 2019-2024 Six -Year WRIP Project Narrative Item No. 21 High Creek Database ID No. 07-125 Construction Funding Year(s): 2018-2019 Project Narrative: High Creek flooding damaged nearby homes and closed Mount Baker Highway in the early 1990's. A settlement agreement between Whatcom County and Washington Department of Transportation and several private landowners following the flood stipulated that the County should develop a management plan to address the potential for future flooding. The plan identified a course of action that can reduce future flood damages and produce a net benefit for the anadromous and resident fish that utilize High Creek. The recommended alternative includes removal of accumulated sediment, reconstruction of the adjacent levees, and construction of grade control structures and sediment traps to reduce the length of creek that will require future maintenance. Project Status: The project was constructed in summer 2018. Expenditures in 2019 are for performance monitoring and removal of sediments that accumulate in the sediment traps. After 2019, annual maintenance will be funded outside of the capital budget appropriation. Total Estimated Project Cost: Expenditures to Date: $1,564,000 $1,504,000 474 21 Whatcom County Public Works - Surface Water Division Project Narrative 2019-2024 Six -Year WRIP Item No. 22 Hannegan Levee Rehabilitation Database ID No. 18-003 Construction Funding Year(s): 2019 Project Narrative: The November 23, 2017 flood on the Nooksack River resulted in scour of the levee slope and toe, including loss of embankment material. The damage site is approximately 50 Linear Feet (LF) long but the total length needed to repair and protect the levee from further damage is approximately 300 LF. The proposed project includes repair of the levee slope and toe along 300 LF. Repair consists of a riprap bank and toe for 70 LF; the remaining 230 LF will be a buried riprap trench with tree plantings at the ground surface. Project Status: US Army Corps of Engineers has completed the design; permitting is underway and the project is on schedule for construction in 2019. Total Estimated Cost: $491,000 Expenditures to Date: $5,000 22 475 Whatcom County Public Works — Surface Water Division 2019-2024 Six -Year WRIP Project Narrative Item No. 23 Sande -Williams Levee Rehabilitation Database ID No. 18-004 Construction Funding Year(s): 2019 Project Narrative: The November 2017 flood resulted in scour of the levee slope and toe, including loss of riprap. Diking District #2 (DD#2) sponsors this levee in the Public Law (PL) 84-99 program administered by the US Army Corp of Engineers (USACE). DD#2 requested the USACE rehabilitate the levee after the 2017 flood; as the local sponsor DD#2 is responsible for 20% of construction cost or $100,000. DD#2 has requested that the FCZD provide funding towards their local sponsor contribution at a 70/30 cost -share. The project involves rehabilitation of the levee slope and riprap protection along approximately 680 feet of levee. Project Status: Construction of the levee repair is planned for 2019- Total Estimated Cost: $521,000 Expenditures to Date: $0 t� \ r;•, - V� 23 476 Whatcom County Public Works — Surface Water Division Project Narrative 2019-2024 Six -Year WRIP Item No. 24 Abbott Levee Erosion Protection Database ID No. 18-005 Construction Funding Year - 2019 Project Narrative: The project is located along Abbott Road about 1.7 miles east of Hannegan Road. Recent erosion along the Nooksack River has removed a section of riprap that previously protected the land adjacent to the Abbott Road Levee and Abbott Road. The project site currently has sufficient land remaining between the levee and the river to install a buried rock structure to protect Abbott Road and Abbott Levee from erosion. The proposed project involves constructing a buried rock trench with a self -launching toe with log root wads. Engineered log jam (ELJ) structures will also be constructed on the upstream and downstream ends of the buried rock trench to anchor the buried rock structure. Project Status: The project is currently in the engineering design phase. Preliminary design plans will be developed in sufficient detail for permit submittal. Construction is planned for summer of 2019. Total Estimated Cost: $1,160,000 Expenditures to Date: $25,000 24 477 Whatcom County Public Works — Surface Water Division 2019-2024 Six -Year WRIP Project Narrative Item No. 25 Rayhorst Levee Improvements Database ID No. 16-001 4 Construction Funding Year(s): 2019 Project Narrative: The Rayhorst Levee runs adjacent to the Nooksack River and provides flood protection to the Lummi Reservation, public roads, including Ferndale Road and Haxton Way, and agricultural land. A project to widen the levee crest and backslope along a 200 foot long section adjacent to a farmstead is included in the System -wide Improvement Framework (SWIF) to address a deficiency identified by the US Army Corps of Engineers. Project Status: A conceptual design has been developed as part of the SWIF planning process. Detailed designs will be developed starting in fall 2018. Construction is planned for 2019. Total Estimated Cost: $90,000 Expenditures to Date: $5,000 =1 - - _SLATERJ f� T nir.fyr�.� i r 7 SHA[ 25 MW Whatcom County Public Works — Surface Water Division 2019-2024 Six -Year WRIP Project Narrative Item No. 26 Red River Levee Stabilization Database ID No. 16-004 Construction Funding Year(s): 2019 Project Narrative: The Red River Levee protects portions of the Lummi Reservation, including Haxton Way and other public roadways. The levee is occasionally used as emergency access to and from the Lummi Reservation during floods. Riprap is missing on approximately 200 feet of the levee, and erosion is starting to cause sloughing of the levee prism. These areas need to be repaired for the levee to remain eligible in the Public Law (PL) 84-99 Program. Project Status: A conceptual design has been developed as part of the System -wide Improvement Framework (SWIF) planning process. Detailed designs will be initiated in fall 2018. Construction is planned for 2019. I Total Estimated Cost: $245,000 Expenditures to Date: $10,000 SLATER •- 26 479 Whatcom County Public Works — Surface Water Division 2019-2024 Six -Year WRIP Project Narrative Item No. 27 Twin View Levee Improvements Database ID No. 16-002 Construction Funding Year(s). 2020 Project Narrative: The Twin View Levee is locate upstream of Everson and provides flood protection to commercial, residential and agricultural properties and a state highway. Widening and backsloping of a 200 foot long section just upstream of the Everson bridge is included in the System -wide Improvement Framework (SWIF) to address deficiencies identified by the US Army Corps of Engineers. Project Status: A conceptual design has been developed as part of the SWIF planning process. Detailed design has not been initiated yet. Total Estimated Cost: $90,000 Expenditures to Date: $0 VAN P� K `L. M 27 Whatcom County Public Works — Surface Water Division Project Narrative 2019-2024 Six -Year WRIP Item No. 28 Lynden Levee Improvement Database ID No. 16-003 Construction Funding Year(s): 2020 Project Narrative: One 24" culvert and one 48" culvert are located less than 50 feet apart providing interior drainage through the Lynden Levee. One of the pipes drains a channel that flows through the City of Lynden's wastewater treatment plant. The levee has overtopped where the culverts are located, damaging the levee backslope and the small berm that separates the drainage channel from a water treatment settling pond. The conceptual design includes relocating the treatment plant drainage channel through a forested area further away from the pond, connecting the two drainages, and replacing the two culverts with a single larger fish -passable culvert with a side -hinge flood gate. Project Status: A conceptual design has been developed as part of the System -wide Improvement Framework (SWIF) planning process. Preliminary engineering including analysis of design alternatives has been initiated. Total Estimated Cost: $1,150,000 Expenditures to Date: $30,000 28 Whatcom County Public Works — Surface Water Division 2019-2024 Six -Year WRIP Project Narrative Item No. 29 Bertrand Creek Levee Stabilization Database ID No. 16-005 Construction Funding Years : 2022 Project Narrative: The Bertrand Creek Right and Left Bank Levees are designed to overtop during larger floods, but provide protection to agricultural land during the growing season. The left bank levee has a 250 foot long section where erosion is starting to threaten the levee prism. The right bank levee face is sloughing at three locations with a total length of approximately 250 feet. The levees will have to be repaired to remain eligible for rehabilitation through the Public Law (PL) 84-99 program. Project Status: A conceptual design has been developed as part of the System -wide Improvement Framework (SWIF) planning process. Detailed design has not been initiated yet. Total Estimated Cost: $190,000 Expenditures to Date: $0 r0'7 EM Whatcom County Public Works — Surface Water Division 2019-2024 Six -Year WRIP Project Narrative Item No. 30 Upper Hampton Levee Improvements Database ID No. 16-006 Construction Funding Year(s): 2025 Project Narrative: Several deficiencies were identified by the US Army Corps of Engineers on the Upper Hampton Levee. Improvements to the levee geometry are proposed in two locations and improvement to address seepage is proposed at a third location. Project Status: A conceptual design has been developed as part of the System -wide Improvement Framework (SWIF) planning process. Detailed design has not been initiated yet. Total Estimated Cost: $650,000 Expenditures to Date: $0 30 MW Whatcom County Public Works — Surface Water Division 2019-2024 Six -Year WRIP Project Narrative Item No. 31 Abbott Levee Upstream Tie -In Database ID No. 16-007 Construction Funding Year(s): 2023 Project Narrative: The upstream end of the Abbott Levee ties into a small berm along Abbott Road. The berm is narrow, with little erosion protection, and overtops frequently. This project is designed to improve the upstream tie-in by extending and realigning the levee to run under Abbott Road. The improved section will be designed to maintain the overflow as this is an area where floodwaters can access the floodplain with low potential for damage. Project Status: A conceptual design has been developed as part of the System -wide Improvement Framework (SWIF) planning process. Detailed design has not been initiated yet. Total Estimated Cost: $975,000 Expenditures to Date: $0 31 . ;. Whatcom County Public Works — Surface Water Division 2019-2024 Six -Year WRIP Project Narrative Item No. 32 Neevel Levee Bank Stabilization Database ID No. 16-008 Construction Funding Years : 2023 Project Narrative: The Neevel Levee provides varying levels of protection to a significant amount of agricultural land. Approximately 250 feet of the levee running along Cougar Creek is over -steepened and experiencing sloughing of the riverward face. A stabilization project incorporating large woody debris at the toe and reducing the slope of the riverward face is proposed in the System -wide Improvement Framework (SWIF) to resolve the deficiency identified by the US Army Corps of Engineers and keep the levee eligible for repair under the Public Law (PL) 84-99 Program. Project Status: A conceptual design has been developed as part of the SWIF planning process. Detailed design has not been initiated yet. Total Estimated Cost: $190,000 Expenditures to Date: $0 32 MOM Whatcom County Public Works — Surface Water Division 2019-2024 Six -Year WRIP Project Narrative Item No. 33 Floodplain Acquisition Database ID No. 07-002 Acquisition Funding Year(s): 2017- TBD Project Narrative: Reach -scale projects to reconfigure flood infrastructure are being evaluated through the integrated planning processes that started with the System -wide Improvement Framework (SWIF) and has transitioned into the Floodplain Integrated Planning (FLIP) process. The goal of this work is to reduce flood risk and expenditures and restore habitat and the processes that form it. Voluntary acquisition of lands is proposed to enable future levee reconfigurations to reduce flood risk and future levee repairs, while improving habitat. Project Status: Three alternative levee configurations in upper Reach 4 were developed as part of the System -wide Improvement Framework (SWIF) planning process. Several of the key landowners are considering selling portions of their properties if funding can be secured and a favorable purchase price can be negotiated. Total Estimated Cost: TBD Expenditures to Date: $100,000 33 M Whatcom County Public Works — Surface Water Division Project Narrative 2019-2024 Six -Year WRIP Item No. 34 Construction Funding Year(s),: Jones Creek Debris Flow Protection Database ID No. 07-105 2021 - 2022 Project Narrative: Acquire residential properties in the high hazard area of the Jones Creek alluvial fan and construct setback deflection berm to route debris flows around the town of Acme. Project includes potential realignment and bridge improvements at Turkington Road. Project Status: Property acquisition began in 2005 and additional properties will need to be acquired. Preliminary design has been performed for the deflection berm and a preferred alternative for Turkington Road has been selected. Detailed design is being imitated in 2018.. Total Estimated Cost: TBD Expenditures to Date: $990,000 34 Whatcom County Public Works — Surface Water Division Project Narrative 2019-2024 Six -Year WRIP Item No. 35 Ferndale Levee Improvement Project Database ID No. 07-104 f Construction Funding Year(s): 2024 - 2026 Project Narrative: Two levee segments, one sponsored by the City of Ferndale and one by the FCZD and Diking District #1, provide protection to the three treatment facilities along Ferndale Road. The US Army Corps of Engineers has identified several deficiencies along these two levee segments, including a gap in which super sacks filled with sand have been placed. The 1999 Comprehensive Flood Hazard Management Plan recommended improving these levees to provide 100-year protection to the City and the treatment facilities. The System -wide Improvement Framework (SWIF) also includes this project to address the identified levee deficiencies. Project Status: This project has been laid out at the conceptual levee only. No detailed design has been initiated yet; outside funding will likely be needed to fully implement this project. Preliminary engineering including analysis of design alternatives will be initiated in 2019. Total Estimated Design Cost: $1,175,000 Expenditures to Date: $0 35 Whatcom County Public Works — Surface Water Division Project Narrative 2019-2024 Six -Year WRIP Item No. 36 Glacier -Gallup Creeks Alluvial Fan Restoration Database ID No. 18-006 Construction Funding Year(s): 2026 1 Project Narrative: The Glacier Creek Levee on the left (west) bank of the creek was constructed in the 1960s to prevent overflows into Gallup Creek and damage to State Route (SR) 542. Since construction, the levee has been subject to ongoing damage. Constriction of the Glacier -Gallup channel migration zone (CMZ) has exacerbated aggradation upstream of SR 542 and severely degraded fish habitat. WSDOT replaced the Gallup Creek bridge and is working to construct a new bridge over Glacier Creek and the alluvial fan between the two creeks. The FCZD is developing a project in coordination with WSDOT and is evaluating the feasibility of full or partial removal of levees blocking natural channel migration on the Glacier and Gallup Creeks alluvial fan and construction of a setback levee on Gallup Creek to protect the Community of Glacier. Project Status: A feasibility study and alternatives analysis for evaluating levee removal and setback alternatives is being initiated in 2018. Preliminary design of the preferred alternative will be initiated in 2019. Construction of the levee removal and setback is anticipated to occur concurrently with the Glacier Creek bridge replacement in 2026. Total Estimated Project Cost: TBD Expenditures to Date: $125,000 36 9 Whatcom County Public Works — Surface Water Division Project Narrative Emergency/New Projects Database ID No. 08-003 Construction Funding Year(s): 2019 - 2024 Project Narrative: 2019-2024 Six -Year WRIP Item No. 37 _.1 This item provides funding to address unanticipated projects resulting from new damage to flood control facilities. Project Status: Design and construction to occur as necessary. Total Estimated Project Cost: $425,000 Expenditures to Date: N/A Due to the nature of this item, no map exists. Board of Supervisors review and prioritization will be sought at the appropriate time. 37 E•1 2018-269 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: -711 f,198 9125118 Introduction Division Head: P /�-� 30,LMU, 10/09/18 Finance Council Dept. Head: Prosecutor: Purchasing/Budget: F,xecutive. / TITLE OF DOCU ENT: Ordinance Establishing The Financial System Software Fund And Establishing a Project Based Budget to Replace The Financial System Software ATTACHMENTS: 1. Ordinance 2. Supplemental Budget Request 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.) Requesting Council approval for establishing the Financial Systems Software Fund and approriating budget authority of $1,750,000 . The Financial System Software Fund will be used to account for the revenues and expenditures related to replacing Whatcom County's existing J.D. Edwards World financial system software. 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. 491 PROPOSED BY: Executive INTRODUCTION DATE: 09/25/18 ORDINANCE NO. ORDINANCE ESTABLISHING THE FINANCIAL SYSTEM SOFTWARE FUND AND ESTABLISHING A PROJECT BASED BUDGET TO REPLACE THE FINANCIAL SYSTEM SOFTWARE WHEREAS, the existing J.D. Edwards World financial system software was purchased in 1993, and WHEREAS, the J.D. Edwards World financial system software is becoming increasingly difficult to support and is approaching the end of its useful life, and WHEREAS, modern financial system software would enable Whatcom County to operate more efficiently, and WHEREAS, Section 6.80 of the Whatcom County Home Rule Charter allows for project - based capital budget appropriation ordinances that lapse when the project has been completed or abandoned or when no expenditure or encumbrance has been made for three (3) years, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that a new fund is hereby established effective October 9th, 2018 titled Financial System Software Fund. This fund shall be used to account for the revenues and expenditures related to replacing Whatcom County's existing J.D. Edwards World financial system software, and BE IT FURTHER ORDAINED by the Whatcom County Council that the Financial System Software Fund is approved as described in Exhibit A with an initial project budget of $1,750,000. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk Civil Dq�64KKo-s_ecutor , 2018. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Rud Browne, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: 492 Supplemental Budget Request Status: Pending Administrative Services Finance 5«plrl �n Jl z�4� Fund Cost Center Originator: Brad Bennett Expenditure Type: One -Time Year 2 2018 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: New Financial System X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 6630 Professional Services $125,000 7420 Computer -Capital Outlays $1,625,000 8301.001 Operating Transfer In ($1,750,000) Request Total $0 1a. Description of request: Replace existing J.D.Edwards financial system. 1) Perform a needs assessment of Whatcom County's financial system needs. 2) Development of bid specifications. 3) Acquire new financial system software and implementation services 4) Acquire necessary network file servers. 1b. Primary customers: The financial system serves all branches of county government and all county departments. 2. Problem to be solved: Our existing J.D. Edwards World financial system (JDE) was purchased in 1993. The system is based on an old text based system. It is written in IBM's RPG program language. RPG programmers are rapidly transitioning out of the work force, therefore system interfaces to other systems are getting more challenging to maintain. The system is not Windows based therefore it is not user friendly to new employees. By today's standards it has limited online inquiries and its report writhers are difficult to use. We are currently pushing the limits of the JDE payroll system. It is challenging to accommodate changes in union contracts, state laws and employee benefits. The JDE human resources system is difficult to use and does not meet the county's current needs. While J.D. Edwards still supports it's World system, it has replace the World system with a newer system called Enterprise One. J.D. Edwards' resources supporting it's World software are on the decline. The company has been very late in updating the tax reporting components of it's World software which puts unappreciated pressure on county staff to meet IRS deadlines. 3a. Options / Advantages: It is an option to continue to use the current system however the challenges the current system presents will likely get progressively worse in the future. Replacing the system is the best option because the more modern design will make the financial information more accessible to all levels of the government and should make county operations more efficient. 3b. Cost savings: In the short term it is not likely that there will be any cost savings. Software maintenance on a new system will likely be more than we are paying now and we will need to train all employees on use of the new system. Over the longterm we could see savings from more efficient processes. 4a. Outcomes: A new financial system will be selected and purchased in calendar year 2020. A modern financial system will be implemented in calendar year 2021. Friday, September 14, 2018 Rpt. Rpt Suppl Regular 493 Supplemental Budget Request Status: Pending Administrative Services Finance upp'i to # 2646 Fund Cost Center Originator. Brad Bennett 4b. Measures: A new financial system will be in production. 5a. Other Departments/Agencies: All county departments will be impacted. 5b. Name the person in charge of implementation and what they are responsible for. A project team will be assembled from a representatives from key departments. 6. Funding Source: This project is funded by a transfer from the General Fund. Friday, September 14, 2018 Rpt: Rpt Suppl Regular 494 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2018-270 CLEARANCES Initial Date Date Received in Council Of Agenda Date Assigned to: 09125118 Intro Originator: 10109118 Finance Division Head: rR �ra ( J-ii,-a V, 111�--"�,-, Committee, Jt? E, P 17 Council Dept. Head: Prosecutor: c W-rc , Purchasing/Budget: A 911 ////B Executive: TITLE 6rdina'nce Closing the Telecommunication System Replacement Fund 351 ATTACHMENTS. Ordinance, Memo SEPA review required? ) Yes ( X ) NO Should Clerk schedule a hearing ? Yes X) NO SEPA review completed? ) Yes ( X ) NO Requested Date: SUMMARY S TA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCWor WCCas appropriate. Be clear in explaining the intent of the action.) Request closes the Telecommunications System Replacement Fund and transfers remaining funding back to the Administrative Services Fund. COMMITTEE A CTION.• COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: a We PROPOSED BY: Executive INTRODUCTION DATE: 09/25/18 ORDINANCE NO. CLOSING TELECOMMUNICATIONS SYSTEM REPLACEMENT FUND 351 WHEREAS, on February 11, 2014 Ordinance 2014-013 created the Telecommunications System Replacement Fund and established a project based budget for this capital project, and WHEREAS, the Administrative Services Fund contributed $1,900,000 towards the project, and WHEREAS, the telecommunications system replacement has now been completed, and WHEREAS, the project fund is no longer needed, and WHEREAS, remaining cash in the fund should be returned to the Administrative Services Fund, and WHEREAS, the current cash balance in the Telecommunications System Replacement Fund is $604,732, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Telecommunications System Replacement Fund be dissolved and its remaining cash balance returned to the Administrative Services Fund. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED A TOFF M: Civil osecutor , 2018. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Rud Browne, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: R'. WHATCOM COUNTY aG"M �0L ADMINISTRATIVE SERVICES�� ,x... INFORMATION TECHNOLOGY Whatcom County Courthouse o{ 311 Grand Avenue, Suite 305 qsN�a Bellingham, WA 98225-4038 PERRY L. RICE IT Manager MEMORANDUM TO: .lack Louws, County Executive Whatcom County Council FROM: Perry Rice, IT Manager qC) RE: Closure of Telecommunications System Replacement Project Budget DATE: September 14, 2018 Over the past 4-years, Whatcom County Information Technology (IT), with assistance from numerous vendors and staff in all county departments, has completed the large project to replace our 25-year old Ericsson analog telecommunications system with the new ShoreTel system. I appreciate your strong support for technology projects and am pleased to report that this project was completed on schedule and under budget as shown below. Item Amount Funding: Ordinance 2014-013 $100,000 Funding: Ordinance 2014-037 $2,123,_809 Total Funding $2,223,809 Total Expenditures -$1,619,077 Remaining Balance $604,732_ The primary project highlights and benefits include: • County Data Network Replacement: The data network was redesigned and modernized to support a new digital telecommunications system as well as improve network reliability, performance and security for computer usage. • Telecommunications System Replacement: The new ShoreTel system replaced a 25-year old end -of -life analog system. The new system includes features such as computer integration, reporting, workgroups, enhanced 911 and redundancy that were absent or limited in the prior system. It is important to recognize the core IT team of Denise Toth Banyan, Lee LaMar, Chris Wilson and Tami Gee -Hardy for their very capable and hard work on this implementation. Please contact Perry Rice at x5235 for additional information on this project. 497 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 201s-271 CLEARANCES Initial Date Date Received in Council Office Agenda Date T—Assigned to: Originator: / II fy (v � �� � � � � � � � 9125118 Introduction Division Head: 10109118 Finance Council Dept. Head: SEP 7 2ON8 MUNI Prosecutor: Purchasing/Budget: Ca UNUL Executive: k5 % % TITLE OF - OC14rENT. Amendment No. 3 to Ordinance No. 2011-031 Establishing Project Budget No. 2 (Jail Improvement Project) of the 2011 Budget ATTACHMENTS: 1. Ordinance 2. Exhibit A 3. Supplemental Budget Request 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.) Requesting Council approval for additional budget authority of $4,589,000 to be added to the project budget for Fund 337 — Jail Improvement Fund. Budget will be used to fund construction of improvements delineated in the Design2Last report and additional improvements requested by the Sheriff's Office during the current year budget process. 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. PROPOSED BY: Executive INTRODUCTION DATE: 09/25/18 ORDINANCE NO. AMENDMENT NO. 3 TO ORDINANCE NO. 2011-031 ESTABLISHING PROJECT BUDGET NO. 2 (JAIL IMPROVEMENT PROJECT) OF THE 2011 BUDGET WHEREAS, Ordinance 2011-031 established the project budget for jail improvements, including the replacement of jail and juvenile detention center controls, and Phases 1A and 113 of the Design2Last contract, which resulted in building assessments, detailed investigations, project scopes and cost reports for improvements needed on the Jail and Work Center; and WHEREAS, additional funding of $661,000 was approved in Amendments No. 1 and 2 to the project budget for additional design (Phase 2) and construction oversight (part of Phase 3 - construction) of selected improvement projects, and WHEREAS, funding is needed to implement construction of projects delineated in the Design2Last report, and WHEREAS, the Sheriff's Office requested several other improvements during this year's budget process, and WHEREAS, this implementation phase will be funded by a transfer from the General Fund, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Ordinance 2011-031 is hereby amended by adding $4,589,000 of expenditure authority, as described in Exhibit A, to the current amended project budget of $3,778,700, for a total amended project budget of $8,367,700 ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AST °FO Civil Depu cutor , 2018. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Rud Browne, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: OR, WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMO: TO: Whatcom County Council DATE: September 13, 2018 FROM: Rob Ney, Project and Operations Manager RE: Jail Improvement Project Budget Jack Loms County Executive Requested Action Please allow this memo to serve as a request for approval of the accompanying Budget Supplemental for increased spending authority in the amount of $4,589,000 within the Jail Improvement Project Based Budget to perform the work as outlined in the Design2Last contract as well as improvements requested by the Sheriff's Office for both the Jail and Work Center. Background and Purpose: In 2011, Budget Ordinance #2011-031 was approved to expand Jail Controls Project to include other critical Jail Improvements. On November 28, 2017 a design charrette was held with the stakeholders participating in the jail improvement project. Through an Evaluation and Analysis Study immediate and future improvements were developed into the scope. The expanded scope for the Design 2Last work was approved in contract #201607005-3. Additionally, increased project budget funding will support several improvements requested by the Sheriff's Office and submitted through 2019-2020 Additional Service Requests, including a Limited Appointment Special Projects Sergeant to facilitate the construction impacts. Generally, the task items identified in the expanded scope of work include but are not limited to: • Detention Door replacements and locking component upgrades • Life safety improvements, most notably fire suppression coverage improvements • Electric system upgrade including substantial lighting improvements • Emergency lighting upgrades to eliminate a lag when emergency power is used • Special Project Sergeant — To facilitate the jail improvement construction impacts. • Facilities staff wages and benefits for hours dedicated to Jail Improvements • Pre -booking privacy booth • Private Consultation Booth • Access Gate at the Work Center • Work Center Custody Desk • Work Center locker room Funding Amount and Source: $4,589,000 from the $71VI reserved in the General Fund for capital projects. 500 Office (360) 778-5200 FAX (360) 778-5201 TRS: 711 EXHIBIT A JAIL IMPROVEMENT FUND - FUND 337 Current Account Description Amended Amendment #3 Total Amended Expenditures Project Budget to Ord. 2011-031 Project Budget 6110-6269 Wages & Benefits $0 $349,614 $349,614 6320 Supplies $0 $2,500 $2,500 6630 Professional Services $661,000 $0 $661,000 7060 Repairs & Maintenance $0 $200,000 $200,000 7350 Buildings & Structures $0 $4,036,886 $4,036,886 7380 Other Improvements $3,117,700 $0 $3,117,700 $3,778,700 $4,589,000 $8,367,700 Revenues 8210 Build America Bonds (Not Budgeted) $3,012,840 $0 $3,012,840 8301.326 Operating Transfer In - REET 1 $104,860 $0 $104,860 8301 Operating Transfer In - Gen Fund $661,000 $4,589,000 $5,250,000 $3,778,700 $4,589,000 $8,367,700 501 Supplemental Budget Request Status: Pending Administrative Services Facilities Management P) V a; 4 254'2 Fund 337 Cost Center 337100 Originator. Rob Ney Expenditure Type: One -Time Year 2 2018 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Budget Authority - Jail Improvements X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 6110 Regular Salaries & Wages $171,407 6140 Overtime $2,400 6190 Direct Billing Rate $100,000 6210 _ Retirement $22,296 6230 Social Security $13,243 6245 Medical Insurance $30,274 6255 Other H&W Benefits $2,696 6259 Worker's Comp-Interfund $7,072 6269 Unemployment-Interfund $226 6320 Office & Op Supplies $2,500 7060 Repairs & Maintenance $200,000 7350 Buildings & Structures $4,036,886 8301 Operating Transfer In ($4,589,000) Request Total $0 la. Description of request: This action will assign a portion of the $71VI reserved for capital to the Jail Improvement project based budget to execute future jail improvement projects. $4,589, 000 will be transferred to the Jail Improvement project budget to accomplish the improvements Detention Doors project, replacement of other detention locks and hardware, task items approved by Council and included in the Design2Last scope of work and Facilities' staff wages and benefits for hours dedicated to Jail Improvement projects. Additionally, jail improvements requested by the Sheriff's Office included in thier 2019-2020 biennium budget request have been directed to this project budget including a limited appointment (2 years) Sheriff's Sergeant assigned to facilitate construction impacts. Generally, the task items identified in the expanded scope of work include: -Detention Door replacements and locking component upgrades -Life safety improvements, most notably fire suppression coverage improvements -Electrical system upgrades including substantial lighting improvements and replacement with LED fixtures, improving coverage, lighting levels, and energy efficiency -Emergency lighting upgrades to eliminate a lag in lighting when emergency power is initialized -HVAC replacement and upgrades -Access Gate at the Work Center -Pre-booking privacy booth -Work Center Custody Desk 1b. Primary customers: Friday, September 14, 2018 502 Rpt: Rpt Suppl Regular Supplemental Budget Request Status: Pending Administrative Services Facilities Management c ,2 Fund 337 Cost Center 337100 Originator. Rob Ney Jail and Facilities staff, as well as jail occupants. 2. Problem to be solved: Facilities needs spending authority to execute projects approved in the scope of work for the Jail Improvements identified in the design2last contract, and as requested by the Sheriff's Office in their 2019- 2020 budget. 3a. Options /Advantages: This is the only option to execute the scope of work. The Jail improvements have been identified as a high priority by the Council and Administration. 3b. Cost savings: There is no cost savings option other than not performing the work at this time. 4a. Outcomes: The detention door project will be out to bid within the next few months, and a contractor will be selected to perform the improvements by the end of 2019. Other improvements will be scheduled as appropriate. 4b. Measures: Future jail improvement projects will be executed and successfully completed. Executing projects in the jail on -time and within budget. 5a. Other Departments/Agencies: This project will have no impact to other staff. 5b. Name the person in charge of implementation and what they are responsible for. Rob Ney 6. Funding Source: General Fund Friday, September 14, 2018 Rpt: Rpt Suppl Regular 503 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2018-272 CLEARANCES Initial Date Date Received in Council Qffice Agenda Date Assigned to: 09125118 Intro Originator: 1' 1-3 Division Head: 10109118 Finance Comm; Council Dept. Head: Prosecutor 4 T'/ I- C 0 M LJ blo, i Purchasing/Budget: A 13 A H LJ Executive: TITLE OF DOCUAJEW.- 201-8 Kup e­mental Budget Request #12 A TTA CHMENTS: Ordinance, Memoranda & Budget Modification Requests SEPA review required? ) Yes ( X )NO Should Clerk schedule a hearing? Yes X )NO SEPA review completed? ) Yes (X )NO Requested Date: S UMMA R Y S TA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCWor WCC as appropriate. Be clear in explaining the intent of the action.) Supplemental #12 requests funding from the Election Reserve Fund. 1. To appropriate $103, 000 to fund prepaid postage and general election cost increases. From the Auditors O&M Fund: 2. To appropriate $33,02 7 to fund extra help for records project. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 504 PROPOSED BY: Executive INTRODUCTION DATE: 09/25/18 ORDINANCE NO. AMENDMENT NO. 12 OF THE 2018 BUDGET WHEREAS, the 2017-2018 budget was adopted December 6, 2016; and, WHEREAS, changing circumstances require modifications to the approved 2017-2018 budget; and, WHEREAS, the modifications to the budget have been assembled here for deliberation by the Whatcom County Council, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2017-2018 Whatcom County Budget Ordinance #2016-068 is hereby amended by adding the following additional amounts to the 2018 budget included therein: Fund Expenditures Revenues Net Effect Election Reserve Fund 103,000 (103,000) - Auditors O&M Fund 33,027 33,027 Total Supplemental 136,027 (103,000) 33,027 ADOPTED this day of 12018. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED AS TO FO,13M: Civil ' IRP'Cutor Rud Browne, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: I:\BUDGET\SUPPLS\2018_Suppl\Supplementa1 #12-2018.docx 505 WHATCOM COUNTY Summary of the 2018 Supplemental Budget Ordinance No. 12 Department/Fund Description Increased (Decreased) Expenditure (Increased) Decreased Revenue Net Effect to Fund Balance (Increase) Decrease Election Reserve Fund To fund prepaid postage and general election cost increases. 103,000 (103,000) Auditors O&M Fund To fund extra help for records project. 33,027 33,027 Total Supplemental 136,027 (103,000 33,027 506 Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham WA 98225-4038 Phone: (360) 778-5102 Fax: (360)778-5101 email: elections@co.whatcomma.us Internet: www.whatcomcounty.us/auditor MEMORANDUM TO: Jack Louws, County Executive n, FROM: Debbie Adelstein, County Auditor DATE: September 13, 2018 RE: Supplemental Budget Request G Lei Debbie Adelstein County Auditor Diana Bradrick Chief Deputy Auditor The Auditor's Office has an ongoing project to bring historical documents online. . This is funded through the Auditors O&M Fund (that is monies set aside for special projects such as this from a small portion of the recording fees collected). We have three part-time staff that are working on this project. This supplemental budget request is to provide additional funding to complete the year (2018). Licensing Recording Elections Administration We gladly accept Licensing@co.whatcom.wa.us Recording@co.whatcom.wa.us Elections@co.whatcom.wa.us Auditor@co.whatcom.wa.us relay calls. 360-778-5100 360-778-5100 360-778-5102 360-778-5105 507 Supplemental Budget Request Status: Pending Auditor Supov 16 # 2 Fund 109 Cost Center Originator: M Caldwell/Diana Bradrick Expenditure Type: One -Time Year 2 2018 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Prepaid postage and general election cost increase Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description — _ Amount Requested 4334.0031 Pre -paid ballot postage ($43,000) 4341.4510 Elections ($50,000) 4 4341.4520 City Registration Fees ($10,000) 6330 Printing $53,000 6610 Contractual Services $7,000 6710 Postage/Shipping/Freight $43,000 Request Total la. Description of request: $0 Whatcom County received a grant from the state to pay for the return postage (not the envelope printing costs) related to the new mandate to provide prepaid postage envelopes for elections. The County expects to pay $43,000 for prepaid postage for the primary and general elections to be funded by the state grant. 1b. Primary customers: Voters of Whatcom County 2. Problem to be solved: Printing and mailing service costs have risen significantly since the 2017-2018 budget was developed. Additionally new envelopes were needed to accommodate the return envelopes the state was now intentding to use, as well as new ballot sleeves and mailing envelopes which the grant was not covering. Over the past couple of years, we have also added several thousand more voters which added to our costs. The Elections Division is requesting $53,000 more budget authority from printing costs for the general election ($82,000 budget increased to $135,000). We are also requesting $7,000 more in contractual services for the ballot mailing and tracking service part of the contract. These amounts will be covered by increases in revenue from elections and registrations billed to municipalities throughout Whatcom County which utilize our services. 3a. Options /Advantages: After much discussion, this proposal offers the best option for covering the costs incurred. 3b. Cost savings: There are no additional cost savings to be gained. 4a. Outcomes: The efforts and costs will be covered by the completion of the general election. 4b. Measures: The costs incurred will be paid. 5a. 9ther Departments/Agencies: None. Friday, September 07, 2018 Rpt: Rpt Suppi Regular I Supplemental Budget Request Status. Pending Auditor # eras Fund 109 Cost Center Originator: M Caldwell/Diana Bradrick 5b. Name the person in charge of implementation and what they are responsible for: None. 6. Funding Source: Grant revenue for prepaid postage Elections and Registrations revenue for printing and contractual service costs of the general election. Friday, September 07, 2018 Rpt: Rpt Suppl Regular Me, Supplemental Budget Request ,status. Pending Auditor 5upp'l IF, Fund 166 Cost Center 16600 Originator. Debbie Adelstein Expenditure Type: One -Time Year 2 2018 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Salary and benefits for part-time records project .4 Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 6120 Extra Help $24,000 6210 Retirement $1,245 6230 Social Security $3,213 6245 Medical Insurance $3,620 6255 Other H&W Benefits $321 6259 Worker's Comp-Interfund $573 6269 Unemployment-Interfund $55 Request Total $33,027 1a. Description of request: The Auditor's Office has an on -going project to index historical documents and bring them online for public display. We currently have three part-time employees who work to complete this task. This request is for the remaining 4 months of 2018. 1b. Primary customers: Public 2. Problem to be solved: Gives online access to historical documents to the public. 3a. Options /Advantages: This is the best option to have the documents reviewed in-house and indexed. 3b. Cost savings: No cost savings 4a. Outcomes: Additional documents available to the online pool. 4b. treasures: Number of documents available online. 5a. Other Departments/Agencies: None. 5b. Name the person in charge of implementation and what they are responsible for. None. 6. Funding Source: Auditor's O&M Fund Thursday, September 13, 2018 Rpt: Rpt Suppl Regular 510