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HomeMy WebLinkAboutPacket Water Work Session Apr 13 2021Whatcom County Council Water Work Session COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Meeting Agenda Tuesday, April 13, 2021 10:30 AM Virtual Meeting VIRTUAL MEETING - VIEW ONLINE COUNCILMEMBERS Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. Council Water Work Session Meeting Agenda April 13, 2021 Call To Order Roll Call Overview of 2021 Flood Control Zone District Capital Projects Water Resources Update Sudden Valley Community Association Memorandum of Understanding Other Business Adjournment Whatcom County Page 2 Printed on 21712024 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JON HUTCHINGS Director MEMORANDUM NATURAL RESOURCES 322 N. Commercial Street, Suite 110 Bellingham, WA 98225 Telephone: (360) 778-6230 FAX: (360) 778-6231 www. whatcomcounty. us TO: The Honorable Satpal Singh Sidhu, Whatcom County Executive, and Honorable Members of the Whatcom County Council THROUGH: Jon Hutchings, Director FROM: Gary S. Stoyka, Natural Resources Program Manager DATE: April 6, 2021 RE: April 13, 2021 Council Water Work Session Please refer to the proposed agenda below for the next Water Work Session. Additional supporting documents may be distributed at or before the meeting. AGENDA Date: Tuesday, April 13, 2021 Time: 10:30 a.m. to 11:45 a.m. Place: Virtual Meeting. For instructions on how to watch or participate in this meeting, please visit us at www.whatcomcounty.us/ioinvirtualcouncil or contact the Council Office at 360.778.5010. View meeting schedules, agendas, minutes, videos, and archives at www.whatcom.Iegistar.com. Time Topic Council Action Background Information Requested Attached 10:30 AM — Overview of 2021 Flood Control Zone District Informational None 10:45 AM Capital Projects 10:45 AM — Water Resources Update Discussion None 11:15 AM 11:15 AM — Sudden Valley Community Association Discussion Memorandum of 11:45 AM Memorandum of Understanding Understanding If you have questions, please feel free to call me at (360) 778-6218. cc: Dana Brown -Davis George Boggs Beth Bushaw Atina Casas Cathy Craver Lonni Cummings Erika Douglas Kristi Felbinger Josh Fleischmann Karen Frakes Paula Harris Jim Karcher Mike McFarlane Roland Middleton Jill Nixon Kraig Olason Mark Personius Doug Ranney Jennifer Schneider Tyler Schroeder John Thompson John Wolpers 1 MEMORANDUM OF UNDERSTANDING FOR CAPITAL PROJECT COORDINATION WITHIN THE LAKE WHATCOM WATERSHED between WHATCOM COUNTY ("County"), a political subdivision of the State of Washington, and the Sudden Valley Community Association ("SVCA") WHEREAS, Lake Whatcom is the drinking water source for approximately 100,000 Whatcom County residents, including the residents of Sudden Valley; and WHEREAS, the Sudden Valley Community Association (SVCA) is the largest development in the Lake Whatcom watershed; and WHEREAS, the SVCA has been an active stakeholder participating in the Lake Whatcom Management Program since 1999; and WHEREAS, County Council Resolution 2008-036 establishes a comprehensive stormwater management plan for the county portion of the Lake Whatcom watershed; and WHEREAS, the United States Environmental Protection Agency (USEPA) approved the final Lake Whatcom Total Maximum Daily Load (TMDL) Water Quality Improvement Report and Implementation Strategy for phosphorus and fecal coliform bacteria in April 2016, which requires the City of Bellingham and the County to develop a response strategy; and WHEREAS, the County utilizes the Lake Whatcom Comprehensive Stormwater Management Plan to guide the building of capital improvement projects to improve water quality from stormwater runoff; and WHEREAS, the plan recommends water quality improvement projects to reduce phosphorus from entering Lake Whatcom from areas within the SVCA drainages; and WHEREAS, the County and SVCA (collectively referred to herein as the "Parties") share a common interest in working cooperatively to protect and enhance surface waters discharging to Lake Whatcom; NOW THEREFORE, WHATCOM COUNTY AND THE SVCA AGREE AS FOLLOWS: 1.) Purpose. The purpose of this Agreement is to identify the Parties' respective roles and obligations related to agreed -upon stormwater capital projects ("Projects"), which endeavor to protect and improve Lake Whatcom water quality. Both the County and SVCA intend to be legally bound to the responsibilities contained herein until such time as the Agreement ends or is otherwise terminated pursuant to the terms of this Agreement. 2.) Project Design. The County will manage the design and permitting of those Projects agreed -upon by the parties and will incorporate SVCA comments into those designs where appropriate. This will include a public involvement component with assistance from the SVCA. 3.) Project Construction The County will advertise for construction bids, and will award construction contracts under the County's purchasing requirements. The County will fund construction of water quality treatment facilities. 4.) Right -of -Way and Permits. SVCA agrees to grant all necessary rights -of -way, easements, permits and approvals deemed necessary by the County necessary for the Projects. 5.) Construction Administration. The County will serve as the lead agency in administering the design and construction contracts for all projects, and will perform all construction -phase engineering, inspection and documentation for the project. 6.) Individual Projects to be Included as Addendums to This Agreement. Due to the need for specific information and details associated with each Project constructed under this agreement, each Project will be defined and incorporated into this agreement as an addendum. Each addendum will include specific information regarding the size, location and specific agreement details regarding project financing, permanent and temporary easements, design and construction considerations. 7.) Responsible Persons. The person responsible for the administration of this Agreement on behalf of Whatcom County shall be the Director of Public Works. The person responsible for administration of this Agreement on behalf of the SVCA shall be the SVCA General Manager. Responsible parties identified herein are authorized to execute and bind their respective party to execute those Addendums referred to in paragraph 6 herein unless otherwise precluded by local, state, or federal law. 8.) Ownership and Maintenance of Facilities. a) The County shall own the stormwater water quality treatment facilities installed as part of any Project, and as defined in their respective facility specific permanent easements constructed under this agreement. The SVCA shall provide the County with dedicated access and maintenance easements at 30% design. The County shall provide or pay for operation, inspection maintenance and repair of all water quality treatment facilities installed by the County, as described in future addenda. b) SVCA will manage their existing drainage conveyance systems and new drainage conveyance systems installed as a component of water quality treatment facilities as constructed under this agreement in a manner that will protect the County water quality treatment facilities from excessive fouling from sediment laden stormwater. Upon notification by the County, SVCA will address conditions that are generating excessive sediments entering the surface flows that contribute to County owned water quality treatment facilities. 9.) Dispute Resolution a.) Arbitration. The Parties mutually covenant to work cooperatively to timely resolve any issues that may arise between the Parties concerning this agreement. However, any dispute or claim shall be submitted to mandatory, conclusive and binding arbitration under the rules and procedures of Whatcom County Mandatory Arbitration Rules (WCMAR). The parties shall jointly stipulate to an arbitrator, or one will be selected in 3 accordance with WCMAR. The arbitrator's award shall not be limited by otherwise applicable MAR rules. The prevailing party shall be entitled to reasonable attorney's fees and costs. The arbitrator's decision may only be appealed pursuant to RCW 7.04. b.) Governing Law and Venue. The Parties agree that any dispute shall be governed by the law of the State of Washington and shall be heard in Whatcom County Superior Court. 10.) County and SVCA as Additional Insureds. The County shall require the construction contractor who is ultimately awarded the contract to provide the County and the SVCA with a certificate of insurance and endorsement specifically naming the County and the SVCA as additional insureds prior to the contractor commencing work on the construction project. The contractor will provide at least $1,000,000.00 per occurrence in commercial general liability coverage and shall also provide proof of automobile insurance coverage and workers' compensation coverage. Such insurance shall be primary and non-contributory to any coverage carried by the County and the SVCA. 11.) Mutual Termination for Convenience. The County or SVCA may terminate this agreement, without cause, upon 30 days written notice to the non -terminating party subject to the following limitation: Termination for convenience may not occur until the completion of any pending or active Project identified by an executed addendum as provided for herein in paragraph 6. 11.) Administration. The parties do not intend to create any new or separate legal or administrative entity by this agreement but, rather, intend for this mutual Agreement to govern the SVCA financial commitment to support the project. The terms and conditions contained herein reflect the voluntary participation of the parties. This agreement shall be in effect until both parties mutually agree to dissolve the agreement. 12.) Relationship to Other Agreements. The entire agreement between the parties hereto relative to the specified projects is contained in this Agreement. This Agreement is in addition to, and is not intended to replace or substitute for any other agreement between Whatcom County and the SVCA. Those other agreements continue in effect according to the terms of those agreements. DATED this day of 2021. , SVCA General Manager IN WITNESS WHEREOF, the parties have executed this agreement in Bellingham, Washington, to exchange certain engineering and construction services on the day and year herein indicated. DATED this day of , 2021, 4 STATE OF WASHINGTON ) : ss COUNTY OF WHATCOM , SVCA President Board of Commissioners On this day personally appeared before me , to me known to be the of the Board of Commissioners of SVCA, the SVCA that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the water district, for the uses and purposes therein mentioned, and on oath stated that s/he is authorized to execute the said instrument on behalf of said SVCA. WITNESS my hand and official seal this day of 12021. Approved as to form: , Attorney for SVCA NOTARY PUBLIC in and for the State of Washington: Residing at My Commission Expires: l." IN WITNESS WHEREOF, the parties have executed this agreement on the day and year herein indicated. FOR WHATCOM COUNTY Satpal Singh Sidhu, County Executive APPROVED AS TO FORM: DEPARTMENTAL APPROVAL: Christopher Quinn Jon Hutchings, Public Works Director Senior Civil Deputy Prosecuting Attorney — Civil Division STATE OF WASHINGTON ss. COUNTY OF WHATCOM On this day of , 2021, before me personally appeared Satpal Singh Sidhu, to me known to be the Whatcom County Executive, and who executed the above instrument and who acknowledged to be the act of signing and sealing thereof. I NOTARY PUBLIC in and for the State of Washington: Residing at My Commission Expires: